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Boise City Zoning Code

CHAPTER 11

03 USE REGULATIONS

11-03-01: GENERAL:

   1.   Purpose: The purpose of this Chapter 11-03 is to identify the land uses allowed in the City's zoning districts, indicate what type of approval of the use is required, and establish standards for those uses that mitigate potential impacts and support the unique characteristics of the use in that location.
   2.   Organization of the Table:
      A.   In Table 11-03.1: Table of Allowed Uses, land uses and activities are classified into general "use categories" and specific "uses" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This provides a systematic basis for assigning present and future land uses into appropriate zoning districts and for avoiding overlaps and inconsistencies between similar land uses.
      B.   The left-hand column of Table 11-03.1: Table of Allowed Uses lists all use categories and uses available in the city. Columns in the center of the table correspond to each base zoning district in the city and indicate whether the use is allowed in that district. The right-hand column indicates whether Use-Specific Standards apply to that use in some or all of the zoning districts in which it is allowed.
   3.   Abbreviations Used in the Table:
      A.   Allowed Uses: An "A" in a cell indicates that the use is allowed by right and is not subject to Use-Specific Standards or other special conditions other than those imposed upon other uses by right in the district. Allowed uses are subject to all other applicable regulations of this Code. Allowed uses are generally reviewed through a Type 1 or Type 2 process, as shown in Section 11-05-04.2, Four Paths for Review and Approval.
      B.   Allowed Subject to Use-Specific Standards: An "A*" in a cell indicates that the use may be allowed, subject to administrative review to verify compliance with Use-Specific Standards. Use-Specific Standards are noted through a cross-reference in the last column of the table, and the cross-referenced content appears in Section 11-03-03, Use-Specific Standards. Uses that are allowed subject to Use-Specific Standards are generally reviewed through a Type 2 process, as shown in Section 11-05-04.2, Four Paths for Review and Approval.
      C.   Conditional Uses: A "C" or "C*"in a cell indicates that the use is allowed in that zoning district only if reviewed and approved as described in Section 11-05-05.3.C, Conditional Use Permit - Initial Approval or Major Modification. Conditional uses are subject to all other applicable regulations of this Code, including the Use-Specific Standards in this Chapter and the requirements of Chapter 11-04, Development and Design Standards. The "C" designation does not suggest or require that the use will be approved in that district. Rather, each Conditional Use Permit application is evaluated as to its potential to have a positive effect on adjacent properties and surrounding areas, among other factors, and may be approved, approved with conditions, or denied based on the findings of the decision-making body. Conditional uses are generally reviewed through a Type 3 process, as shown in Section 11-05-04.2, Four Paths for Review and Approval.
      D.   A/C Uses: An "A/C" or "A*/C*" in a cell indicates that the use is allowed in that zoning district under some circumstances or in some locations, but requires approval as described in Section 11-05-05.3.C, Conditional Use Permit - Initial Approval or Major Modification under other circumstances or in other locations. The Use-Specific Standards cross-referenced in the right-hand column clarify those cases in which a Conditional Use Permit is required. These uses are generally reviewed through a Type 2 or Type 3 process, as shown in Section 11-05-04.2, Four Paths for Review and Approval.
      E.   Prohibited Uses: A blank cell indicates that the use is prohibited in that zoning district.
      F.   Symbols:
         (1)   An "*" symbol next to an abbreviation indicates that the use shall comply with Use-Specific Standards. Use-Specific Standards are noted through a cross-reference in the last column of the table, and the cross-referenced content appears in Section 11-03-03, Use-Specific Standards.
         (2)   A "+" symbol next to an abbreviation indicates that there are incentives available for that use within that zoning district, or that the use is only allowed if available incentives are used. Incentives are cross-referenced in Section 11-03-03, Use-Specific Standards, and the cross-referenced content appears in Section 11-04-03.7, Housing Incentives.
   4.   Use For Other Purposes Prohibited:
      A.   Approval of a use listed in Table 11-03.1: Table of Allowed Uses, and compliance with the applicable Use-Specific Standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 11-03.1: Table of Allowed Uses and approved pursuant to this Code is prohibited.
      B.   Any use allowed as a principal use in a zoning district is allowed as an accessory use to an allowed or approved conditional use in that zoning district.
   5.   Multiple Uses:
      A.   A lot or parcel in any zoning district may include multiple principal uses, including a combination of residential and nonresidential uses, provided that each use is either an allowed use or a conditional use in that zoning district, that a Conditional Use Permit is obtained for any conditional use, and that all applicable standards are met. For projects that contain multiple uses, the Planning Director will determine which Use-Specific standards apply based upon the design and impact.
   6.   Previously Allowed Uses: Each use that exists on the Effective Date that is required by this Code to obtain a Conditional Use Permit, but that was a not required to obtain a Conditional Use Permit under the regulations in effect before the Effective Date, is deemed to have a Conditional Use Permit to continue operations as they existed on the Effective Date or as authorized by any approval or permit issued by the City for that property and use before the Effective Date.
   7.   Classification of New and Unlisted Uses:
      A.   To provide for new types of land uses not listed in Table 11-03.1: Table of Allowed Uses, a determination as to the appropriate classification of any new or unlisted form of land use shall be made by the Planning Director. When an application is made for a use category or use that is not specifically listed in Table 11-03.1: Table of Allowed Uses, the Planning Director shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the Planning Director shall consider its potential land use impacts, including but not limited to:
         (1)   The nature of the use and whether it involves a dwelling unit;
         (2)   Sales;
         (3)   Processing;
         (4)   Type of product, storage, and amount;
         (5)   Enclosed or open storage;
         (6)   Anticipated employment;
         (7)   Transportation requirements;
         (8)   Hours of operation;
         (9)   Intensity of the proposed use;
         (10)   The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and
         (11)   General requirements for public utilities such as water and sanitary sewers.
      B.   If the Planning Director determines that the proposed use should not be included in any existing zoning classification, based on the factors listed in Subsection A., the use shall not be conducted in the city unless and until City Council amends this Code to define the use and to indicate in which zoning districts, and under what conditions, it should be allowed.
   8.   All Licenses and Permits Required:
      A.   All uses required by any unit of local, state, or federal government to have an approval, license, or permit to operate are required to have that local, state, or federal approval, license, or permit in effect at all times, and failure to do so is a violation of this Code.
      B.   All uses subject to the operational standards of a local, state, or federal government agency, including without limitation the regulations contained in the Boise City Code and regulations of the Idaho Department of Health and Welfare, shall operate in compliance with those standards and regulations at all times, and failure to do so is a violation of this Code.
   9.   Industrial and Heavy Commercial Uses: All allowed uses that generate, use, treat, store, or dispose of hazardous substances (as set forth in Title 40, Code of Federal Regulations, Parts 116.4, 261.30 et seq., 302.4 and/or 355), shall require a Conditional Use Permit. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-03-02: TABLE OF ALLOWED USES:

Table 11-03.1: Table of Allowed Uses lists the uses allowed within all base zoning districts. Each of the listed uses is defined in Chapter 11-06, Definitions.
TABLE 11-03.1: TABLE OF ALLOWED USES
A = ALLOWED USE   C = CONDITIONAL USE
* = USE-SPECIFIC STANDARDS APPLY      + = HOUSING INCENTIVES IN 11-04-03.7.D (1)-(6) ARE AVAILABLE
(A+) = ALLOWED USE ONLY WITH HOUSING INCENTIVES IN 11-04-03.7.D (1)-(6)
ADDITIONAL ADAPTIVE REUSE HOUSING INCENTIVES IN 11-04-03.7.D(6) ARE AVAILABLE
A*/C* = CONDITIONAL USE PERMIT MAY BE REQUIRED IN SOME CIRCUMSTANCES PER USE-SPECIFIC STANDARDS
SEE Chapter 11-02 FOR ADDITIONAL ZONE-SPECIFIC STANDARDS
ZONING DISTRICT
R-1A
R-1B
R-1C
R-2
R-3
MX-1
MX-2
MX-3
MX-4
MX-5
MX-U
MX-H
I-1
I-2
I-3
A-1
A-2
USE- SPECIFIC STANDARDS
TABLE 11-03.1: TABLE OF ALLOWED USES
A = ALLOWED USE   C = CONDITIONAL USE
* = USE-SPECIFIC STANDARDS APPLY      + = HOUSING INCENTIVES IN 11-04-03.7.D (1)-(6) ARE AVAILABLE
(A+) = ALLOWED USE ONLY WITH HOUSING INCENTIVES IN 11-04-03.7.D (1)-(6)
ADDITIONAL ADAPTIVE REUSE HOUSING INCENTIVES IN 11-04-03.7.D(6) ARE AVAILABLE
A*/C* = CONDITIONAL USE PERMIT MAY BE REQUIRED IN SOME CIRCUMSTANCES PER USE-SPECIFIC STANDARDS
SEE Chapter 11-02 FOR ADDITIONAL ZONE-SPECIFIC STANDARDS
ZONING DISTRICT
R-1A
R-1B
R-1C
R-2
R-3
MX-1
MX-2
MX-3
MX-4
MX-5
MX-U
MX-H
I-1
I-2
I-3
A-1
A-2
USE- SPECIFIC STANDARDS
RESIDENTIAL USES
Household Living
Accessory Dwelling Unit
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .2.B
Caretaker's Residence
A
A
A
 
Dwelling, Single-Family Detached
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A
A
11-03-03 .2.A
11-03-03 .2.C
Dwelling, Cottage Village
A*+
A*+
A*
A*
A*
11-03-03 .2.D
Dwelling, Single-Family Attached
(A)*+
A*+
A*
A*
A*
A*
A*
11-03-03 .2.A
11-03-03 .2.E
Dwelling, Live/Work
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .2.F
Dwelling, Duplex
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .2.A
11-03-03 .2.G
Dwelling, Triplex or Fourplex
(A+)*
(A+)*
(A+)*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .2.A
11-03-03 .2.G
Dwelling, Multiple- Family
(A+)*
(A+)*
A*/
C*
A*/
C*
A*/
C*
A*/
C*
A*+/
C*
A*+/
C*
A*/ C*
A*
A*
11-03-03 .2.A
11-03-03 .2.H
Livestock and Animals, Accessory
A*
A*
A*
A*
A*
A*
A*
11-03-03 .1.B
11-03-03 .2.I
Manufactured Home
A*
A*
A*
A*
A*
A*
A
11-03-03 .2.J
Manufactured Home Community
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C
11-03-03 .2.K
Tiny home on wheels
A*
A*
A*
A*
A*
A*
A*
A*
A*
 
Group Living
Assisted Living Facility
C*
C*
A*
A*
A*
A*
A*
11-03-03 .2.L
Boarding House
A
A
A
A
A
A
A
A
 
Continuing Care Retirement Facility
C*
C*
A*
A*
A*
A*
A*
A*
11-03-03 .2.L
Convalescent or Nursing Home
C*
C*
A*
A*
A*
A*
A*
C*
A
11-03-03 .2.L
Dwelling, Co-Housing
C*
C*
C*
C*
C*
C*
C*
C*
A*
11-03-03 .2.M
Fraternity or Sorority House
C*
C*
C*
11-03-03 .2.L
Recovery Residences
C*
C*
C*
C*
C*
C*
C*
11-03-03 .2.L
Residential Home Occupations
Home Occupation, Child or Adult Daycare
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .1.B
11-03-03 .2.N
Home Occupation, Other
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .1.B
11-03-03 .2.O
Public, Institutional, and Civic Uses
Adult or Child Daycare
Adult or Child Daycare Facility
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .3.A
Adult or Child Daycare Center, Small
C*
C*
C*
C*
A*
A*
A*
A*
A*
A*
A*
A*
C*
11-03-03 .3.A
Adult or Child Daycare Center, Large
C*
C*
C*
C*
C*
A*
A*
A*
A*
A*
A*
A*
C*
11-03-03 .3.A
Community and Cultural Facilities
Art Gallery, Museum, or Library
C
C
C
A
A
A
A
A
A
C
 
Cemetery
C*
C*
11-03-03 .3.B
Community Center
C
C
A
A
A
A
A
A
A
A
C
C
 
Fire or Police Facility
C
C
C
C
C
A
A
A
A
A
A
A
A
A
C
C
 
Food Kitchen
A
A
C
C
A
 
Forest Reserve or Recreation Area
A
A
A
 
Jail or Detention Facility
C*
C*
C*
C*
11-03-03 .3.C
Mortuary or Mausoleum
C*
C*
A
A
A
A
A
A
11-03-03 .3.B
Park or Playground
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
 
Religious Institution
C
C
C
C
C
C
A
A
A
A
A
C
 
Uses Related to and Operated by a Religious Institution
C
C
C
C
C
C
 
Shelter Home
C
C
C
C
 
Education and Health
Hospital
C
A
A
A
A
C
A
 
College or Other Institution of Higher Education
A
A
A
A
A
A
11-03-03 .3.D
School
C*
C*
C*
C*
C*
A*
A*
A*
A*
A*
C*
C*
C
11-03-03 .3.E
Trade or Vocational School
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
C*
C*
11-03-03 .3.F
Transportation
Aircraft Landing Field
C
C
C
 
Park and Ride Facility
A
A
A
A
A
A
A
A
A
A
 
Transit Facility
A
A
A
A
A
A
A
A
A
A
 
Transit Terminal
C
A
A
A
A
A
A
A
 
Commercial Uses
Agricultural and Animals
Agricultural Uses or Stables
A
C
A
 
Animal Daycare or Kennel
A*
C*
A*
A*
A*
A*
A*
A*
11-03-03 .4.A
Animal Hospital or Clinic
A
C
A
A
A
A
A
A
C
 
Beekeeping, Accessory
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
11-03-03 .1.B
11-03-03 .4.B
Commercial Feedlot
C
C
 
Slaughterhouse, Rendering Plant
C
C
 
Urban Farm
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .4.C
Communication Facilities
Attached Wireless Communication Facility
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A
A
A
A
A
11-03-03 .4.D
Freestanding Wireless Communication Facility - Monopole/Structure Base Height of Zoning District
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .4.D
Freestanding Wireless Communication Facility - Monopole/Structure > Base Height of Zoning District
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
11-03-03 .4.D
Other Communication Towers
C
C
C
C
C
C
C
C
C
C
C
C
C
 
Food and Beverage Service
Brewpub, Micro-Distillery, or Micro-Winery
A*
A*
A*
A*
A*
A*
A*
11-03-03 .4.E
Food Truck, Accessory
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .1.B
11-03-03 .4.F
Food Truck Court
A*
A*
A*
A*
A*
A*
A*
11-03-03 .4.G
Neighborhood Café
A*/ C*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .4.H
Restaurant
A
A
A
A
A
A
A
C
 
Sidewalk Café, Accessory
A*
A*
A*
A*
A*
A*
A*
 
Tavern or Lounge
A
A
A
A
A
C
A
 
Lodging
Bed and Breakfast
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03 .4.I
Hotel or Motel
C
A
A
A
A
C
C
 
Recreation Vehicle Park
C*
11-03-03.4.J
Office, Personal and Business Service
Financial Institution
A*
A
A
A
A
A
11-03-03.4.K
Medical or Dental Clinic
A*
A
A
A
A
A
A
A
A
11-03-03.4.K
Office
A*
A
A
A
A
A
A
C
C*
C*
A
11-03-03.4.L
Personal and Business Service
A*
A
A
A
A
A
A
A
11-03-03.4.K
Recreation and Entertainment
Auditorium or Theater, Indoor
C
C
C
A
A
A
 
Club, Lodge, or Social Hall
C
A
A
A
A
A
 
Conference or Event Center
C
A
A
A
A
A
 
Firing Range, Indoor
C*
C*
C*
C*
11-03-03.4.M
Golf Course
A
C
C
C
C
A
C
 
Recreation, Indoor
A
C
C
C
C
A
A
A
A
A
A
A
C
 
Recreation, Outdoor
A
C
C
C
C
C
C
C
C
C
A
C
 
Retail
Building Materials
C
A
A
 
Retail Sales, Neighborhood <2,000 SF
A*/ C*
A*
A*
A
11-03-03.4.N
Retail Sales, Small <5,000 SF
A*
A
A*
A*
A*
A
A
11-03-03.4.O
Retail Sales, Medium 5,001 SF to 10,000 SF
A
A*
A*
A*
A
11-03-03.4.O
Retail Sales, Large 10,001 SF to 60,000 SF
A
A*
A*
A*
C
11-03-03.4.O
Retail Sales, Big Box > 60,000 SF
C
C
C
C
 
Sexually Oriented Business
Sexually Oriented Business
C*
C*
C*
C*
C*
C*
11-03-03.4.P
Vehicles and Equipment
Drive-Through Facility
A*
A*
A*
A*
C*
11-03-03.1.B
11-03-03.4.Q
Electric Vehicle Charging Facility
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.1.B
11-03-03.4.R
Parking Garage as Principal Use
C*
C*
C*
C*
A*
A*
C*
A*
See Sections 11-04-06 and
11-04-08
Parking Lot as Principal Use
A*
C*
A*
See Sections 11-04-06 and
11-04-08
Service Station
C*
A*
C*
A*
A*
A*
11-03-03.4.S
Vehicle Fleet Operations Center
A
A
A
 
Vehicle Repair, Major
A*
C*
A*
A*
A*
11-03-03.4.T
Vehicle Repair, Minor
C*
A*
A*
A*
A*
A*
A*
11-03-03.4.T
Vehicle Sales, Rental, and Leasing, Light
C*
C*
A
11-03-03.4.U
Vehicle and Equipment Sales, Rental, and Leasing, Heavy
C*
A
11-03-03.4.U
Vehicle Wash
C
A
A
A
C
 
Industrial Uses
Manufacturing and Processing
Contractor Shop and Yard
C
A
A
A
 
Industry, Artisan
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.5.A
Industry, Light
C
A*/ C*
C*
A
11-03-03.5.B
Industry, Heavy
C*
A*/ C*
A
11-03-03.5.B
Mining and Extraction
C*
C*
C*
C*
11-03-03.5.C
Storage, Wholesale, and Warehousing
Bulk Storage of Flammable or Dangerous Materials
C
A
 
Fulfillment Center
A*/ C*
 
Outdoor Storage
C*
A*
A*
A*
11-03-03.5.D
Outdoor Storage, Accessory
A*
A*
A*
A*
A*
11-03-03.1.B
11-03-03.5.D
Self-Service Storage
A*
A*
A*
A*
11-03-03.5.E
Trucking Terminal
A*
A*
C*
11-03-03.5.F
Wholesale or Warehouse, Small
C*
C*
A*
A*
C*
A*
11-03-03.5.G
Wholesale or Warehouse, Large
A*/ C*
A*
A*
11-03-03.5.G
Utilities
Electric Substation
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
11-03-03.5.H
Power Plant
C
C
C
 
Renewable Energy Facility, Accessory
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
C*
C*
11-03-03.1.B
11-03-03.5.I
Utility Facility, Minor
C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
A*/ C*
C*
C*
11-03-03.5.J
Utility Facility, Major
A
C
C
C
C
 
Waste and Salvage
Composting Facility
A*
C*
C*
C*
C*
11-03-03.5.K
Junkyard, Vehicle Salvage
C*
C*
C*
11-03-03.5.L
Recycling Collection Facility
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.5.M
Sanitary Landfill
C
 
Solid Waste Transfer Facility
A*
A*
11-03-03.5.N
Unlisted Accessory Uses
Unlisted Uses Accessory to an Allowed or Approved Conditional Use
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.1.B
11-03-03.6.A
Temporary Uses
Construction Office
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.7.A
11-03-03.7.B
Mobile Food Truck
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.7.A
11-03-03.7.B2
Off-Site Construction Staging
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.7.A
11-03-03.7.C
Safety Facility
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.7.A
Sales and Leasing Office
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.7.A
11-03-03.7.C2
Seasonal Sales
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
A*
11-03-03.7.A
11-03-03.7.C3
 
(Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

1. General Standards:

      A.   Principal and Accessory Uses:
         (1)   Cross-References in Table of Allowed Uses: The Use-Specific Standards listed in this Section 11-03-03 apply to those uses listed on the same line of Table 11-03.1, regardless of whether those uses are shown as allowed, conditional, accessory, or temporary uses. Modifications to these Use-Specific Standards may only be granted through the Conditional Use Permit process in Section 11-05-05.3.C.
         (2)   Resolution of Conflicting Standards: If there is a conflict between these Use-Specific Standards and the requirements in Chapter 11-04, Development and Design Standards, these Use-Specific Standards shall apply, unless otherwise noted.
      B.   Additional Standards for Accessory Uses:
         (1)   Purpose: This Section contains general standards for all accessory uses, which shall be customarily incidental and subordinate to principal uses.
         (2)   List of Accessory Uses and Structures: Commonly allowed accessory uses are shown in Table 11-03.1: Table of Allowed Uses, but that list does not include all possible uses that are secondary and subordinate to a principal use of land in each zoning district. All principal uses in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use and may be approved by a Zoning Certificate if the Planning Director determines that the proposed accessory use complies with this standard and with all Use-Specific Standards applicable to the use.
         (3)   General Standards for Accessory Uses and Structures: All accessory uses and structures shall comply with the following general standards, which are subject to the standards set forth in Section 11-03-03.2.B. In the event of a conflict between this Section 11-03-03.1.B(3) and Section 11-03-03.2.B, the provisions of Section 11-03-03.2.B shall apply.
            (a)   Subordinate to Principal Use: No structure or building shall be used for an accessory use unless the primary building is also being used. The accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use. The principal use and the accessory use shall be under the same ownership and shall use the same utility meter, with the exception of an approved Accessory Dwelling Unit. In a Residential district, the gross floor area of the accessory structure or building shall not exceed the gross floor area of the primary building.
            (b)   Timing of Accessory Uses and Structures: No accessory use may be established prior to establishment of the principal use with which such accessory use is associated.
            (c)   Location and Setbacks:
               i.   No detached accessory building or structure shall occupy any area in front of the primary building, unless approved by the Planning and Zoning Commission as a conditional use permit. However, on lots that have topographical or other physical constraints, the Planning Director may approve a detached accessory building or structure in front of the primary building.
               ii.   Regardless of their size, detached accessory buildings shall not encroach into required street side or front yard setbacks.
               iii.   Maximum setbacks do not apply to accessory buildings.
               iv.   Accessory structures such as decks and patios that are one foot or less in height as measured from the property's finished grade, may occupy any setback area.
               v.   Open post patio/shade covers, pergolas, and similar structures under 250 feet in area and less than 15 feet in height and attached to the home, may have rear yard setbacks of nine feet. Interior side yard setbacks shall be per the zoning district. For corner lots, a minimum 15-foot street-side yard setback is required. Structures that use these reduced setbacks shall not occupy more than 50 percent of the lot's rear yard widths.
               vi.   In-ground pools that are one foot or less in height, as measured from the property's finished grade, may occupy any rear or interior side yard area, provided a minimum three-foot setback is maintained from the pool apron or splashguard. Hot tubs, diving boards, decks, and other features that are more than one foot above grade shall be located outside of setbacks.
Figure 3.1. In-Ground Pool Setbacks
               vii.    Alley-Loaded Accessory Parking Structures:
                  A.    Alley-loaded parking and parking structures shall provide a backup area/space of at least 22 feet. This backup area/space may be within the alley and/or the lot but not within an accessory structure.
                  B.   A minimum five-foot paved apron is required regardless of alley width.
                  C.   For side entry alley-loaded garages the backup area shall be provided for on the lot and outside of the street side and side yard setbacks.
                  D.   Detached accessory parking structures that are less than 1,000 square feet in area and that are under 22 feet in height (from grade to the peak of the roof) may be built to the property line abutting an alley.
                  E.   Detached accessory structures over 1,000 square feet in area or over 22 feet in height (from grade to the peak of the roof) shall comply with the setback requirements applicable to primary structures.
               viii.   Residential Accessory Structures More Than 1,000 Square Feet in Area or 22 Feet in Height: A Zoning Compliance Review is required for accessory structures over 1,000 square feet in area or 22 feet in height (from grade to the peak of the roof), subject to the following:
                  A.   No commercial use shall take place within the building;
                  B.   The building shall be architecturally compatible with the primary building; and
                  C.   The building shall be compatible with neighboring properties in mass, and design.

2. Residential Uses:

      A.   General Standards:
         (1)   Housing Variety in Multi-Building Developments on a Single Parcel : Except in the MX-5 zoning district, new developments with multiple residential units on parcels between two and four acres platted and constructed after the Effective Date shall incorporate at least two housing types. Projects on more than four acres require at least three housing types. Housing types include:
            (a)   Single-Family Detached.
            (b)   Single-Family Attached.
            (c)   Duplex.
            (d)   Triplex.
            (e)   Fourplex.
            (f)   Multiple-Family.
            (g)   An alternative housing type as approved by the Planning Director.
            (h)   A distinct building type may be provided as a substitute for one of the required housing types. A distinct building type can be easily distinguished from others using one or both of the following design features:
               i.   A variation in length and footprint of 30 percent or more; or
               ii.   A distinct variation in color and materials.
Figure 3.2. Housing Type Examples
         (2)    Block Level Mix of Housing Types: No one housing type shall occupy more than 80 percent of any block face or street frontage exceeding 300 feet in length.
      B.     Accessory Dwelling Unit (ADU):
         (1)    Minimum lot area and maximum density standards shall not apply to ADUs.
         (2)   The ADU shall not be larger than 900 square feet or 70 percent of the total floor area of the primary building, whichever is smaller, and shall not have more than two bedrooms.
         (3)   The ADU shall not exceed two stories in height.
         (4)   Only one ADU is permitted on each lot or parcel where an ADU is permitted.
         (5)   The ADU shall be created through one of the following:
            (a)   Internal conversion of an existing living area, basement, or attic;
            (b)   An addition to the principal dwelling unit;
            (c)   An addition to a detached accessory structure;
            (d)   Construction of a new Single-Family Detached Dwelling with an internal or detached ADU;
            (e)   Construction of a detached ADU; or
            (f)   Conversion of an existing detached accessory structure or attached garage that does not reduce off-street parking below the minimum required for that lot.
         (6)   The ADU shall meet all of the dimensional requirements of the underlying zoning district as well as the provisions of the applicable Building Code adopted by the City of Boise. Allowed exemptions for accessory structures apply as described in Section 11-04-03.3, Exceptions and Encroachments.
         (7)   The design of the ADU shall be compatible with the existing neighborhood by taking into account height, bulk, and site location, and incorporating materials, colors, and a design motif that is compatible with and complements the architectural theme and style of the principal structure. Only one entrance to the structure may be located on the front building elevation of the house or structure unless multiple entrances are already in existence. For projects that are accessory to a nonresidential use, the Planning Director may apply additional Use-Specific standards based upon the design and impact.
      C.   Dwelling, Single-Family Detached: In the R-3, MX-1, MX-2, MX-3, MX-4, and MX-5 zoning districts, Single-Family Detached Dwellings are only permitted if a Building Permit for the Single-Family Detached Dwelling was issued before the Effective Date.
      D.   Dwelling, Cottage Village:
         (1)   This use shall not be located within 400 feet of another Cottage Village, measured at the closest points on the property boundaries.
         (2)   The maximum size of each Cottage Dwelling is 1,000 square feet of gross floor area.
         (3)   Individual cottages shall be clustered around a shared private common space containing at least 10 percent of the project area and with minimum dimensions of 15 feet in length and width.
         (4)   Parking areas shall be located on the side or rear of the development and may be aggregated for all units in one area.
         (5)   A shared facility for communal cooking, dining, and other activities containing no more than 2,000 square feet may be provided and shall not count against the maximum density limits.
         (6)   Lot and setback requirements for the base zoning district shall apply to the project site as a whole.
         (7)   All projects containing five or more dwelling units shall comply with the standards in Section 11-04-010, Assured Water Supply.
      E.   Dwelling, Single-Family Attached:
         (1)   Orientation of Individual Dwelling Units: The front door of dwelling units shall face a street meeting City or the Ada County Highway District standards, or a designated open space for use by residents and guests. New developments shall follow the lot patterning within the area and match like side and rear yards with one another to ensure a compatible design.
         (2)   Architectural Elements: Each attached unit shall have a façade or roof treatment that distinguishes it from the other attached units. Architectural treatments may include individual pitched roofs, modulated façades, porches, dormers, pop-outs, or vertical windows.
         (3)   Private or Common Open Space: A minimum of 200 square feet of private open space for each unit or common open space comprised of a minimum of 10 percent of the lot area shall be provided. This open space shall be usable and shall not include driveways or parking areas. A minimum of 25 percent of the required open space shall consist of permeable ground surface with landscaping.
         (4)   Landscaping: One deciduous tree of at least one-and-one-half inch caliper shall be planted in front of each unit.
         (5)   Assured Water Supply: All projects containing five or more dwelling units shall comply with the standards in S Section 11-04-010, Assured Water Supply.
      F.   Dwelling, Live/Work:
         (1)   The residential living space shall be occupied by the owner of the commercial or Artisan Industry use or the owners' employee and may include individuals in that person's household.
         (2)   In the R-1A, R-1B, and R-1C zoning districts, the commercial activity area shall not exceed 50 percent of the gross floor area of the Live/Work unit or 1,000 square feet, whichever is smaller.
         (3)   In the R-2 and R-3 zoning districts, the commercial activity area shall not exceed 50 percent of the gross floor area of the Live/Work unit or 2,000 square feet, whichever is smaller.
         (4)   Signs are limited to a maximum of two non-illuminated wall or window signs that shall not exceed six square feet in total combined area.
         (5)   The work activities shall not create adverse noise or operational impacts on adjacent residential properties.
         (6)   All projects containing five or more dwelling units shall comply with the standards in Section 11-04-010, Assured Water Supply.
      G.   Dwelling, Duplex, Triplex, or Fourplex:
         (1)   Maximum Density: In the Residential zoning districts, maximum density standards shall not apply to Duplex Dwellings.
         (2)   Setbacks: Setbacks are as required by the zoning district except as allowed in Table 11-04-04, Permitted Encroachments Into Required Setbacks.
         (3)   Open Space: Each unit shall have a minimum of 200 square feet of open space. This open space shall be usable and shall not include driveways, pedestrian walkways, or parking areas. A minimum of 25 percent of the required open space shall consist of permeable ground surface with landscaping. Each unit shall provide one area of open space comprised of a minimum dimension of 8-feet in length and 8-feet in width. For purposes of this Section, usable open space may include landscaped areas, court yards, patios, gardening beds, balconies, and other areas specifically approved by the Planning Director.
         (4)   Landscaped Areas: Any Duplex, Triplex, or Fourplex Dwelling shall comply with the landscaping requirements set forth in Section 11-04-09, Landscaping, Fencing, Walls, and Screening, excluding side yards that may be finished with decorative rock mulch, provided they are fenced and screened from street view and contained in such a way that the gravel will not spill onto the street or adjacent parcels.
         (5)   Driveways: Individual driveways in the front setback shall not exceed a width of 20 feet and shall be separated from other driveways by a landscaped area with a minimum width of seven feet. A Duplex may have a shared driveway width of a minimum of nine feet. A Triplex or Fourplex shall have a shared driveway width of a minimum of 20 feet.
         (6)   Public Right-Of-Way Improvements:
            (a)   All new dwellings shall provide a paved driveway apron that extends to the edge of street pavement of the roadway or an alley, if applicable.
            (b)   All new dwellings shall provide curb, gutter, and detached sidewalk a minimum of five feet in width. Waivers or variations to this requirement may be granted by the Planning Director based upon site-specific conditions such as documented drainage problems that might result from the improvement of the roadway.
            (c)   Dirt or gravel-strips in the front yard or undeveloped public street right-of-way shall not be permitted. Irrigated landscaping shall be provided in these areas through license agreements with the Ada County Highway Department (ACHD). Bonding for landscape improvements may be allowed based on weather-related constraints. If ACHD denies the necessary license agreement, the requirement for landscaping shall be waived.
         (7)   Design:
            (a)   To allow for variety and to promote original and distinctive design, and for the adaptive reuse of existing buildings and the placement of relocated Duplexes, the Planning Director may approve alternatives to the design elements in sections (b) through (i) if the Planning Director determines that the alternative meets the intent of these design standards.
            (b)   All street-facing and front façades shall include architectural treatments to provide visual interest. Architectural treatments used to achieve this may include, but are not limited to, dormers, bay windows, vertical windows, exterior window treatments, varying roof pitches, façade modulation, and a variety of colors, materials, and textures. Alternative approaches to façade design may include either creating the distinct appearance of architecturally distinguishable dwelling units or creating a more unified design that replicates the appearance of one Single-Family Detached Dwelling.
            (c)   At least 15 percent of the area of street-facing and front façades shall be windows or doors. This calculation includes the area of all street-facing windows and entrance doors that are within a 45 degree angle of the street. Garage doors are not included in the 15 percent calculation.
            (d)   The length of the garage wall or combination of garage walls facing the street and front shall not exceed 50 percent of the total length of the façade. Garages that are set back a minimum of five feet further than the street-facing wall of the dwelling unit may be up to 60 percent of the total length of the façade. Walls of side entry garages that use windows and other architectural means to provide visual interest are not included in this calculation.
            (e)   On interior lots at least one unit shall have a main entrance with a door visible from the street or front. The main entrance of each unit shall include a covered porch that is a minimum of 25 square feet. If one or more units have an entrance facing the street, or more than one garage door is facing the street, the street-facing façades of adjacent units shall be offset from each other by a minimum of four feet.
            (f)   On the corner lots each street façade shall have a main entrance with a door visible from the street. The main entrance shall include a covered porch that is a minimum of 25 square feet. Duplex Dwellings located on lots at the corner of two local streets shall not have more than two parking spaces accessed from each street.
            (g)   Balconies shall be located in areas that will cause minimal interference with the privacy of neighboring properties.
            (h)   Dwelling units may be arranged in two rows oriented perpendicular to the street provided:
               i.   The primary (front) entrances of the ground floor units closest to the street face the street; and
               ii.   Any entrances to units located behind the street-facing ground floor units are fully enclosed as a passageway or access a centrally located interior courtyard. Primary (front) entrances to units shall not face side yards or rear yards of adjacent properties.
Figure 3.3. Allowed Design of Double Row Units
            (i)   Two-story structures shall use one of the following methods to break up the building mass and provide visual interest to the side elevations:
               i.   The second story sidewalls shall have a minimum three-foot offset from the first story sidewalls. The second story shall be located furthest away from the side property lines; or
               ii.    The building shall be set back eight feet from the interior side property line, with bay windows, pop-outs or other architectural features allowed at the five foot setback line, except that in the R-1A and R-1B zoning districts, the building shall be set back 13 feet from the interior side property line, with bay windows, pop-outs, or other architectural features allowed at the 10 foot setback line.
Figure 3.3. Two-Story Example
            (j)   Three-story structures shall use one of the following methods to break up the building mass and provide visual interest to the side elevations:
               i.   The third-story sidewalls shall have a minimum three-foot offset from the second-story sidewalls. The third story shall be located furthest away from the side property lines; or
               ii.   The building shall be set back 10 feet from the interior side property line, with bay windows, pop-outs, or other architectural features allowed at the seven-foot setback line, except that in the R-1A and R-1B zoning districts the building shall be set back 15 feet from the interior side property line, with bay windows, pop-outs, or other architectural appurtenances allowed at the 12 foot setback line.
Figure 3.5. Three-Story Example
            (k)   Structures on Residential Small Lots shall be subject to additional criteria per Section 11-04-03.4, Residential Small Lots.
      H.   Dwelling, Multiple-Family:
         (1)   Standards in the R-1B, R-1C, R-2, R-3, MX-1, and MX-2 Zoning District:
            (a)   The minimum usable open space or recreational space requirement shall be equal to 30 percent of the land area occupied by residential structures. Open space shall have a minimum dimension of 15 feet in length and width. For the purpose of this Section, usable open space or recreational space shall include landscaped areas, court yards, internal pathways, balconies, patios, sun decks, pedestrian walkways, playground areas, swimming pools, and all other exterior or interior recreational areas. Such areas shall be accessible according to the ADA guidelines and available to the occupants and guests of the building. Usable open space or recreational space shall not include driveways, parking areas, or loading areas. The open space or recreational space requirement may be reduced for projects that abut open space or recreational facilities, or that are within an Activity Center in which publicly available open space or recreational facilities have been incorporated.
            (b)   The pedestrian circulation system shall provide safe and convenient access to and from other residential units, perimeter streets, parks, schools, public facilities, pathways, trails, parking areas, recreational facilities, amenities, and any shared facilities. Sidewalks shall be a minimum of five feet wide, however, the Planning Director may require the sidewalk width be increased to 10 feet if the Planning Director determines that additional width is necessary to accommodate the expected pedestrian traffic in high use areas.
            (c)   Natural features and other potential site amenities shall be retained and incorporated into the design to the maximum extent practicable.
            (d)   Fire escapes and unenclosed exterior stairs that provide access to an upper level are prohibited on any street-facing building façade.
            (e)   If individual exterior entrances to dwelling units are not provided, an enclosed primary building entrance is required.
            (f)   At least two of the following amenities shall be provided in projects greater than one acre in size:
               i.   The building(s) shall use electricity or geothermal energy to meet all its heating, hot water, and appliance energy needs for in all dwelling units.
               ii.   Energy conservation measures demonstrating the building(s) shall consume at least 15 percent less electrical energy that would be consumed if the building(s) met the adopted energy code, based on modeling building energy performance comparisons.
               iii.   The building(s) shall meet the adopted City of Boise Green Building Code.
               iv.   The building(s) shall provide a private recreational facility, such as a swimming pool, tennis court, playground, community garden, or picnic area, in scale with the development.
               v.   The building(s) shall consume at least 15 percent less water than would be consumed if the building(s) met all applicable water conservation standards applicable to similar development; and/or
               vi.   The development shall dedicate an amount of on-site storage space for waste diversion techniques (such as commingled recycling, cardboard recycling, and/or organics recycling) that is equal or greater than the amount of on-site storage space provided for solid waste.
            (g)   Building and site design shall provide for adequate transition into the surrounding neighborhood to ensure compatibility between the development and the context around it. Factors to be considered are setbacks, building height, building materials, bulk, roof design, parking area locations, and landscaped area locations.
         (2)   Standards in the MX-3 and MX-4 Zoning District: In addition to the standards set forth in Subsection (1) above, Multiple-Family Dwellings in the MX-3 and MX-4 zoning districts shall comply with the following:
            (a)   Building Design: Each building façade shall have a visibly distinct top, middle, and base that are distinguished from one another through one or more of the following techniques:
               i.   Provide a creative façade composition with a rich layering of design elements that provides visual interest from a variety of vantage points;
               ii.   Design buildings that respond to unique site conditions and context;
               iii.   Integrate sustainable materials and elements into the design of the building in a way that adds character and visual interest to the building;
               iv.   Employ façade articulation techniques that reduce the perceived scale of large buildings and add visual interest; and/or
               v.   Create clear and welcoming building entries.
         (3)   Standards in the R-2, R-3, MX-1, MX-2, MX-3, MX-4, and MX-5 Zoning District: If within the past three years the principal use of the site included a Manufactured Home Community, Assisted Living Facility, Continuing Care Retirement Facility, or Convalescent or Nursing Home, or the principal use contained deed-restricted Affordable Housing or housing affordable for those earning 60 percent or less of Area Median Income and the housing product that will be removed will not be replaced with the same number of residential units or more, the establishment of this use shall require a Conditional Use Permit pursuant to Section 11-05-05.3.C.
         (4)   Assured Water Supply: All projects containing five or more dwelling units shall comply with the standards in Section 11-04-010, Assured Water Supply.
      I.   Livestock and Animals, Accessory:
         (1)   Accessory Livestock Uses: The keeping of livestock shall comply with the following standards.
         (2)   Animal Unit:
            (a)   An animal unit is:
               i.   One horse, mule, cow, llama;
               ii.   Four sheep, goats, or swine;
               iii.   Six geese;
               iv.   Ten rabbits; or
               v.   12 chickens or ducks.
            (b)   The keeping of any Rooster is prohibited unless allowed per the provisions of an established overlay zone or other approval by the city.
            (c)   The Planning Director may determine a unit number for animals not listed.
         (3)   Standards:
            (a)   A minimum of one acre is required to keep livestock. For poultry and rabbits, the minimum area is one half acre.
            (b)   With the exception of poultry and rabbits, a minimum contiguous area of one half acre (exclusive of structures) shall be designed for the keeping of the livestock. For poultry and rabbits, the minimum area is one quarter of an acre.
            (c)   Livestock shall be kept within fences, corrals, barns, or pens.
            (d)   Livestock enclosures shall comply with setback requirements.
            (e)   The maximum density is two animal units per acre of area set aside for the keeping of livestock. For example, if one half of a one acre lot is set aside for the keeping of livestock, one animal unit is allowed. Maximum density shall not apply to offspring under nine months of age, nor shall it apply to pets.
            (f)   Livestock and pets shall be kept so as to not cause adverse impacts on neighboring properties. This includes but is not limited to such impacts as odor, noise, drainage, erosion, and insects. The presence of such impacts can constitute a public nuisance that the City may cause to be abated.
            (g)   Structures housing pets shall be located a minimum of 10 feet from any building used or capable of being used for human habitation on adjacent lots.
            (h)   It shall be unlawful to keep any animal listed in Section 5-1-8 of the Boise City Code under the auspices of this Section.
         (4)   Exceptions to Minimum Area:
            (a)   Livestock may be kept on less than one acre when allowed by subdivision covenants or duly adopted overlay districts. If animal density is not addressed therein, the density requirements of this Code shall apply.
            (b)   Livestock may be kept on less than one acre for educational purposes, such as 4-H or FFA, though the maximum animal density shall not be exceeded.
            (c)   Horses that are regularly ridden and exercised off-site may exceed the standard animal unit density. One horse is allowed for every 14,500 square feet of contiguous set aside area.
         (5)   Livestock as Legal nonconforming Uses:
            (a)   Legal nonconforming status shall be in accordance with Section 11-05-06, Nonconformities.
            (b)   Legal nonconforming status shall be lost if the livestock are absent from the property for a continuous period of two years.
      J.   Manufactured Home - Not Within a Manufactured Home Community: A Manufactured Home shall comply with the following design, form, and installation standards:
         (1)   It shall be permanently affixed to the ground in accordance with the manufacturer's specifications with the running gear and towing hitch removed and set upon a foundation base having an anchoring system that is completely concealed under the structure.
         (2)   It shall be placed on a foundation base with the finished floor area of the home not more than 12 inches above grade or 24 inches above grade if the home is over a basement. Graded earth shall not be closer than six inches to the siding of the home.
         (3)   It shall have a foundation fascia that is similar in appearance and durability to the masonry foundation or other foundation systems on Single-Family Detached Dwellings in the nearby area. The foundation fascia shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade.
         (4)   It shall have exterior siding and roofing that in material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city or that is comparable to the predominant material used on surrounding dwellings.
         (5)   It shall have a pitched roof with a minimum pitch of two inches of rise to 12 inches of run (2:12).
         (6)   If the majority of other residential structures on the same block have eaves, the Manufactured Home shall have an eave that projects a minimum of six inches along any wall that faces a street.
         (7)   Structures that are not manufactured or constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 are not Manufactured Homes and are prohibited within the city.
      K.   Manufactured Home Community:
         (1)   Improvement Requirements:
            (a)   If the development is to be subdivided, streets shall be public and built in conformance with ACHD construction standards.
            (b)   Utilities shall be installed underground.
            (c)   Units within the Community shall be connected to a wet line sewer and a central water facility.
            (d)   Public street lighting shall be designed, constructed, and dedicated to the City and shall comply with the requirements of the Public Works Department.
            (e)   Provisions for drainage of the community and dwelling sites in the Manufactured Home Community shall comply with the requirements of the Stormwater Management Ordinance and be reviewed and approved by the Public Works Department.
            (f)   Subdivisions and conversions of land leased Manufactured Home Communities to subdivisions shall comply with the requirements of Section 11-04-04, Subdivision Standards.
         (2)   Dwelling Unit Design Features: Each dwelling unit shall comply with the following standards:
            (a)   It shall have a roof pitch of at least two inches of rise to 12 inches of run (2:12).
            (b)   The Manufactured Home shall be either permanently or semi-permanently affixed to the ground in accordance with the manufacturer's specifications or the Idaho Manufactured Home Installation Standard with the running gear and towing hitch removed and set upon a base or pad having an anchoring system that is completely concealed under the structure. The foundation fascia shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade.
            (c)   It shall have exterior siding and roofing that in material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city.
         (3)   Home Space and Lot Improvement Requirements:
            (a)   Dimensions: Each individual space designated for a Manufactured Home shall be large enough to accommodate the dwelling, required parking, usable private open space, area for accessory storage units, perimeter building setbacks and building separation requirements.
            (b)   Private Open Space: A minimum of 400 square feet of usable private open space, with a minimum dimension of 15 feet in length and width, shall be provided within each lot or home space's side or rear yard area. This requirement may be reduced to no less than 200 square feet if the difference is placed in common facilities provided for the Community as a whole.
            (c)   Parking Spaces: Residential parking spaces shall not be located further than 600 feet from the dwelling unit.
            (d)   Perimeter Setback and Unit Spacing Requirements:
               i.   Periphery Setbacks: Front, side, and rear setbacks along the periphery of the development shall comply with those for the zoning district in which the development is located. Where development already exists at the periphery, the setbacks shall be matched. For example, side yards shall be provided adjacent to side yards, rear yards adjacent to rear yards, and front yards opposite front yards.
               ii.   Internal Front and Street Side Yard: Each Manufactured Home adjacent to a public or private street shall be set back a minimum of 10 feet from the street as measured from the back of sidewalk, or back of curb in cases where no sidewalks are planned. The front yard setbacks of adjacent units are required to vary by no less than three feet.
            (e)   Interior Side and Rear Yards: In order to maximize yard area utility, side and rear yard setbacks may be zero feet, but adjacent Manufactured Homes shall be separated by a minimum of 10 feet. Detached accessory structures shall comply with the accessory structure setback standards in the zoning district where the property is located.
         (4)   Assured Water Supply: All projects containing five or more dwelling units shall comply with the standards in Section 11-04-010, Assured Water Supply.
      L.   Assisted Living Facility, Continuing Care Retirement Facility, Convalescent or Nursing Home, Fraternity or Sorority House, and Recovery Residence: In the zoning districts where these uses are listed as Allowed or Conditional Uses, these uses shall comply with those Use-Specific Standards, design standards, and other Code provisions applicable to other Group Living or Household Living uses in the type of dwelling unit structure (e.g., Single-family Detached, Single-family Attached, Duplex, Triplex, Fourplex, or Multiple-Family Dwellings) in the zoning district in which they are located.
      M.   Dwelling, Co-Housing:
         (1)   A shared private common space containing at least 10 percent of the project area shall be provided.
         (2)   A shared facility for communal cooking, dining, and other activities containing no more than 2,000 square feet may be provided.
         (3)   All projects containing five or more dwelling units, or containing five or more bedrooms in one or more dwelling units, shall comply with the standards in Section 11-04-010, Assured Water Supply.
      N.   Home Occupation, Child or Adult Daycare: A Home Occupation, Child or Adult Daycare, for one to six adults or children, is allowed without submittal of an application or approval of a Zoning Compliance Review if it complies with all of the standards below. A Home Occupation, Child or Adult Daycare, for seven to 12 adults or children, is allowed with approval of a Zoning Compliance Review if it complies with all of the standards below.
         (1)   The use shall require a Home Occupation, Child or Adult Daycare license, as required by local or state law.
         (2)   The use shall be incidental to the principal use of the dwelling as a residence.
         (3)   If located on a collector or arterial street, the use shall provide for an on-site pick-up area designed to ease the flow of traffic and to prevent vehicles from backing onto the roadway (backing in an alley is permissible).
         (4)   The use is permitted one 12 sq. ft. attached non- illuminated sign.
         (5)   The use shall provide one off-street space per employee.
         (6)   If the use includes a Home Occupation, Child Daycare, the use shall:
         (a)   Provide a minimum outdoor play area of 100 square feet per child on site. This area requirement may be waived or modified if appropriate open space with connecting public sidewalks or paths are located near the facility and that open space can be used by the children as a play area; or the program of the facility is such that the size of a group of children using the play area at any one time conforms to the 100 square feet per child criteria.
         (b)   Provide a minimum of 35 square feet of indoor gross floor area per child.
         (c)   Maintain a valid Daycare license, as required by local or state law, in effect at all times.
         (d)   Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.
      (7)   If the use includes a Home Occupation Adult Daycare, the use shall:
         (a)   Provide adequate access to the facility for people with disabilities.
         (b)   Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.
         (c)   Maintain any required licenses, as required by the local or state law, in effect at all times.
      (8)   Discretionary Conditions for Approval: The Planning Director may condition the approval of a Home Occupation Child Daycare on the following conditions to protect the health, safety, and welfare of the children:
         (a)   Additional fencing or landscape screening of the facility to protect the children from adverse activities such as traffic on arterial or collector streets or intersections, or to screen adjacent properties;
         (b)   Additional setback from any property line to play areas to protect children from busy streets, irrigation ditches, animal pastures, and other similar conflicts; or
         (c)   Any other conditions deemed necessary by the Planning Director to protect the health, safety, and welfare of the children.
      O.    Home Occupation, Other:
         (1)   Eligibility:
            (a)   A Home Occupation that is not prohibited by this Code is allowed if it complies with all the standards in Subsection (2) below.
            (b)   A Home Occupation that does not comply with all the criteria in Subsection (2) below requires filing of an application and approval of a Zoning Compliance Review pursuant to Subsection (3) below.
            (c)   More than one Home Occupation may be approved for the same property address provided that the combined activities and uses of the Home Occupations do not exceed the approval criteria in this Code. For example, the aggregate total of floor space devoted to one or more Home Occupations at a given address shall not exceed 500 square feet.
         (2)   Standards for Approval Without Issuance of Zoning Compliance Review:
            (a)   The use is clearly incidental and secondary to the use of the lot or parcel for dwelling purposes.
            (b)   The use is conducted entirely within a dwelling or permitted accessory structure and the aggregate of all space within any or all buildings devoted to one or more Home Occupations shall not exceed 500 square feet in floor area.
            (c)   Outdoor storage of materials and supplies is prohibited.
            (d)   The owner and operator of the Home Occupation shall reside on the premises and shall not employ others to work in the home.
            (e)   Required off-street parking spaces for the residence shall be maintained.
            (f)   Deliveries and pickups shall be limited to two per day between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.
            (g)   Instructional classes shall be limited to one student at a time with a maximum of eight per day.
            (h)   Any materials used or any item produced or repaired on the premises shall not be displayed or stored so as to be visible from the exterior of the building.
            (i)   Only items produced on the premises or incidental to the service being offered may be offered for retail sale, and any such sales shall be incidental to the provision of the related service as the principal Home Occupation.
            (j)   One non-illuminated wall sign not exceeding two square feet in area and mounted flat against the building is allowed.
         (3)   Standards for Approval Requiring Issuance of Zoning Compliance Review: Home Occupations that do not comply with all the standards in Subsection (2) above require the filing of an application and issuance of a Zoning Compliance Review based on a review by the Planning Director to ensure they will not be a detriment to the livability of the neighborhood. The Planning Director may approve the proposed Home Occupation if the Planning Director determines that all of the standards in Subsection (2) above have been met, except as modified by the standards below.
            (a)   The owner and operator of the Home Occupation shall reside on the premises and may not employ more than one other individual to work in the home.
            (b)   One vehicle, in addition to that used by an employee, may be used with a Home Occupation subject to the following:
               i.   Commercial vehicles and trailers are prohibited.
               ii.   One off-street parking space is required and may be provided on a driveway apron.
            (c)   Outdoor storage of materials and supplies is prohibited.
            (d)   Instructional classes shall be limited to a maximum of five students per class, and limits on the hours within which instruction may occur may be added.
            (e)   Internal or external changes that would make the dwelling appear less residential are prohibited. Examples include construction of parking lots, paving of required setbacks, and adding commercial-like exterior lighting.
            (f)   If the Home Occupation meets the definition of Animal Care or Kennel, it shall require a noncommercial kennel license from the City Clerk.
         (4)   Prohibited Home Occupations: The following Home Occupations are prohibited, regardless of whether they comply with the standards in Subsections (2) and/or (3) above:
            (a)   Occupations that involve highly combustible materials or any hazardous material;
            (b)   Occupations where the dimensions, power rating, or weight of equipment and tools used exceed that of normal household equipment and tools;
            (c)   Occupations that cause abnormal automotive or pedestrian traffic or that are objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration, or similar disturbances;
            (d)   Retail stores;
            (e)   Dispatch centers where employees meet at the dwelling unit and are sent to other locations;
            (f)   Occupations that would detract from the residential character of the neighborhood;
            (g)   Escort services;
            (h)   Taxidermy;
            (i)   Heavy equipment repair;
            (j)   Firearms sales;
            (k)   Any other use that is not listed as an allowed or conditional use in any zoning district in the city; and
            (l)   Any other use prohibited as a principal use of land by this Code.
      P.   Tiny Homes on Wheels (THOW):
         (1)   Maximum density standards shall not apply to THOW.
         (2)   Two THOW are permitted per parcel and only as an accessory use to the primary residential use on the property.
         (3)   The THOW structure shall be no larger than 400 square feet in size.
         (4)   A THOW shall not be used as a Short-Term Rental as defined by Title 3 Chapter 22 Section 5 of Boise City Code.
         (5)   A THOW shall connect to central water and the applicable municipal wet line sewer system through the connection serving the primary residence; additional, separate connections may be permitted at the discretion of the Planning Director if site-specific characteristics to the connection serving the primary residence are impracticable. All utility connections to the THOW are subject to the applicable code standards, inspections, and policies for such connections. All necessary water, electrical, and sewer permits shall be obtained, executed, and inspected prior to occupying the unit.
         (6)   The use of generators is prohibited to power the THOW or any accessory components of the THOW.
         (7)   A THOW may be interchanged with another THOW if all conditions of this Section and the existing Zoning Certificate on the parcel remain satisfied. All necessary water, electrical, and sewer permits shall fully executed and inspected prior to occupying the unit.
         (8)   All THOW shall be certified as meeting the National Organization of Alternative Housing+ (NOAH+) building standard or other approved standards adopted by the City of Boise. A NOAH+ certification, or certificate of other approved standards adopted by the City of Boise, shall be on file with the City of Boise prior to occupancy of the THOW.
         (9)   The location of the THOW shall meet all the following requirements:
            (a)   All structures, parking, and other accessories, including propane tanks, shall meet all the dimensional requirements of the underlying zoning district.
            (b)   THOWs are prohibited from parking on streets and within the right-of-way.
            (c)   The THOW shall be located behind the front plane of the primary residential use on the property.
            (d)   The THOW shall be located a minimum of six feet from all other structures.
            (e)   No obstructions including hitches, stairs, or other elements of or related to the THOW, may encroach on any required setback, pedestrian or vehicle access way, or impede circulation through the site. Access to parking, site amenities, solid waste collection areas and other functions necessary to the regular use of the parcel shall not be impeded.
            (f)   THOW are prohibited in the Special Flood Hazard Area (SFHA).
            (g)   If the placement of the THOW impacts any existing trees on the parcel, all standards of Section 11-04-09.8, Tree Preservation, shall be met.
         (10)   The design of the THOW shall meet all the following requirements:
            (a)   The chassis shall be maintained level on a flat, compacted surface consisting of concrete, asphalt, paver, or other approved material that shall be adequate to support the THOW and provide adequate and safe access and prevent ponding or other drainage issues.
            (b)   The THOW shall be anchored and secured to the ground to prevent movement.
            (c)   Permanent electrical, sewer, and water connections shall be located on or adjacent to the pad site.
            (d)   Exterior accessory structures such as porches and decks are permitted, provided they are affixed in a manner that is removable or freestanding. Allowed exemptions for these structures, as described in Section 11-04-03.3, Exceptions and Encroachments, do not apply.
            (e)   The design and massing shall be subordinate to the primary residential use on the property.
            (f)   The THOW shall utilize exterior siding and roofing materials similar to the exterior siding and roofing material commonly used on residential dwellings within the city or that is comparable to the predominant material used on surrounding dwellings.
            (g)   Materials designed and produced for skirting shall be installed to enclose the wheels, tongue, jack, and all open space between the THOW and the ground. The skirting material shall aesthetically complement the materials on the THOW.

3. Public, Institutional, and Civic Uses:

      A.   Adult or Child Daycare Facilities and Centers (Small and Large): Adult or Child Daycare Facilities and Centers (Small and Large) shall comply with the applicable standards below.
         (1)   Standards for All Adult Daycare Facilities and Centers (Small and Large):
            (a)   Provide adequate access to the facility for people with disabilities.
            (b)   Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.
            (c)   Maintain any required licenses, as required by local or state law, in effect at all times.
         (2)   Standards for All Child Daycare Facilities and Centers (Small and Large):
            (a)   Provide a minimum outdoor play area of 100 square feet per child on site. This area requirement may be waived or modified if appropriate open space with connecting public sidewalks or paths are located near the facility and that open space can be used by the children as a play area; or the program of the facility is such that the size of a group of children using the play area at any one time conforms to the 100 square feet per child criteria.
            (b)   Provide a minimum of 35 square feet of indoor gross floor area per child.
            (c)   Maintain a valid Daycare license, as required by local or state law, in effect at all times.
            (d)   Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.
            (e)   Provide adequate lot size for parking, child pick-up area, play area, screening, and setbacks.
            (f)   Discretionary Conditions for Approval: The Planning Director may condition the approval of a Child Daycare Facility or Center on the following conditions to protect the health, safety and welfare of the children:
               i.   Additional fencing or landscape screening of the facility to protect the children from adverse activities such as traffic on arterial or collector streets or intersections, or to screen adjacent properties;
               ii.   Additional setback from any property line to play areas to protect children from busy streets, irrigation ditches, animal pastures, and other similar conflicts; or
               iii.   Any other conditions deemed necessary by the Planning Director to protect the health, safety, and welfare of the children.
         (3)   Additional Criteria for Adult and Child Daycare Uses by Type: In addition to the applicable criteria above, an Adult or Child Daycare use shall be subject to additional standards as indicated in Table 11-03.2.
TABLE 11-03.2: ADDITIONAL CRITERIA FOR ADULT AND CHILD DAYCARE USES BY TYPE
CRITERIA
PRINCIPAL USES
ADULT OR CHILD DAYCARE FACILITY
ADULT OR CHILD DAYCARE CENTER, SMALL
ADULT OR CHILD DAYCARE CENTER, LARGE
NUMBER OF PERSONS ALLOWED
7-12
13-25
26
TABLE 11-03.2: ADDITIONAL CRITERIA FOR ADULT AND CHILD DAYCARE USES BY TYPE
CRITERIA
PRINCIPAL USES
ADULT OR CHILD DAYCARE FACILITY
ADULT OR CHILD DAYCARE CENTER, SMALL
ADULT OR CHILD DAYCARE CENTER, LARGE
NUMBER OF PERSONS ALLOWED
7-12
13-25
26
The use shall provide for an on-site pick-up area designed to ease the flow of traffic and to prevent vehicles from backing onto the roadway (backing in an alley is permissible).
Applicable if located on a collector or arterial street
Applicable
 
Allowable signage shall be non- illuminated and as indicated. The applicant's proposal for signage should be submitted and considered during the review process.
One 12 sq. ft. attached sign
One 12 sq. ft. attached sign
As allowed by the applicable zoning district
Minimum parking to be provided shall be as indicated.
1 off-street space per employee
1 off-street space per 10 persons, with a minimum of 2 spaces (except the MX-5 zoning district where off-street parking is not required)
 
Facility location shall be as indicated.
 
The project site shall be located entirely within 500 ft. of a collector or arterial roadway (as determined by the Ada County Highway District Master Street Map)
On a collector or arterial street; or if for school age children, within 300 ft. of the school grounds; or in a park, community center, or similar.
 
      B.   Cemetery, Mortuary or Mausoleum: In any Residential zoning district, this use shall not channel a majority of the traffic generated by the use onto a local residential street.
      C.   Jail or Detention Facility:
         (1)   This use shall be located with direct access onto a collector or arterial street.
         (2)   Site design and security measures shall ensure that the peace and safety of the surrounding area shall not be disturbed or impaired.
      D.   College or Other Institution of Higher Education: All changes of use or development where the development site is within 300 feet of a Residential zoning district shall require a Conditional Use Permit.
      E.   School: This use shall comply with all requirements and recommendations of the Idaho Transportation Department and the Ada County Highway District including but not limited to compliance with:
         (1)   All requirements and recommendations in any land use master plan, school bus plan, pedestrian plan, or crossing guard plan applicable to the property; and
         (2)   All requirements and recommendations related to:
            (a)   Access safety;
            (b)   Barriers between streets and school;
            (c)   Location of school zone;
            (d)   Need for flashing beacon;
            (e)   Need for traffic control signal;
            (f)   Anticipated future improvements;
            (g)   Speed on adjacent highways;
            (h)   Vehicular, bicycle, and pedestrian traffic volumes on adjacent highways;
            (i)   Effect upon the highway's level of service;
            (j)   Need for acceleration or deceleration lanes;
            (k)   Internal site circulation;
            (l)   Access control of adjacent streets;
            (m)   Required striping and signing modifications;
            (n)   Existing and planned roadway improvements to accommodate development;
            (o)   Proposed roadway projects in the vicinity; and
            (p)   Any other issues related to the operation and potential impacts of the use on public health, safety, and the surrounding area.
      F.   Trade or Vocational School:
         (1)   When this use is incorporated within an office development, it shall comply with the standards in Section 11-03-03.4.L, Office.
         (2)   When this use is a standalone facility, it shall require a Conditional Use Permit pursuant to Section 11-05-05.3.C.
         (3)   When located in the I-1, I-2, or A-1 zoning districts, this use shall only be allowed if the Planning Director determines that locating the use within the zoning district is necessary for the educational instruction of the school.

4. Commercial Uses:

      A.   Animal Daycare or Kennel:
         (1)   Those parts of structures in which animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated to minimize the noise or odor that can be detected off the premises.
         (2)   All boarded animals shall be kept within a totally enclosed part of a structure between the hours of 10:00 p.m. and 6:00 a.m.
         (3)   Any outdoor animal areas shall be located at least 10 feet from each abutting property, except where the abutting property line and shall install a 6-foot tall solid fence.
      B.   Beekeeping, Accessory: The purpose of these regulations is to ensure sound beekeeping practices and avoid problems that might be associated with the keeping of bees in an urban setting.
         (1)   Standards: All beekeeping shall comply with the following standards:
            (a)   Noxious Insects Prohibited: The keeping of wasps, hornets, Africanized bees (Apis mellifera scutellata) and other noxious insects is prohibited.
            (b)   Density of Hives and Colonies: There is no minimum parcel size for beekeeping, but the maximum density is three colonies per one-fourth acre. Higher densities may be permitted by Conditional Use Permit.
            (c)   Nucleus Colonies: For every two colonies authorized above, one additional nucleus colony is allowed.
            (d)   Hives: Colonies shall be kept in hives with removable frames.
            (e)   Flyway Barriers: For colonies located within 25 feet of a property boundary, a flyway barrier at least six feet in height consisting of a solid wall, fence, or dense hedge parallel to the property line and extending 10 feet beyond the apiary in each direction is required.
            (f)   Setbacks And Placement: Hives shall be located at least 20 feet from front property lines and three feet from other property lines. The back of the hive shall be oriented to abutting properties.
            (g)   Water Source: A constant supply of fresh water is required. It shall be readily accessible to the bees and to allow them to access water by landing on a hard surface. A water supply is not required during winter and other inactive months.
            (h)   Maintenance: Hives not being actively maintained shall be removed. Colonies shall be maintained so as to not interfere with the quiet enjoyment of surrounding properties.
            (i)   Queens: Where a colony exhibits unusually aggressive characteristics the colony shall be destroyed or re-queened.
            (j)   Compliance with State Statutes: Beekeeping shall comply with all applicable state laws.
            (k)   Contact Information: Contact information for a responsible party shall be posted at apiaries on vacant property.
      C.   Urban Farm:
         (1)   Setbacks: There are no setback requirements for garden plantings. Accessory structures including greenhouses, fencing, and other miscellaneous improvements are subject to the dimensional standards of the zoning district.
         (2)   Maintenance: Dead plants, produce, and trash not to be used for composting or other garden functions shall be removed from the site on a weekly basis. Composting materials shall be covered or enclosed.
         (3)   Equipment: The use of mechanical equipment is generally limited to that typically associated with home gardening. Larger equipment may be used on a limited basis for seasonal activities such as soil preparation or clean-up in the fall. The use of mechanical equipment is limited to daylight hours.
         (4)   Chemicals and Fertilizers: Chemicals, fertilizers, or other toxic materials shall not drain onto adjacent properties, into waterways, or onto public rights-of-way. Chemicals and other flammable materials shall be disposed of in accordance with federal and state requirements. If stored on site, they shall be kept in a locked structure when unattended.
         (5)   Contact Information: A non-illuminated sign displaying the name and contact information for the individual or agency responsible for the urban farm shall be provided. This sign shall not exceed six feet in height or 32 square feet in background area.
         (6)   Lighting: No overhead lighting is allowed, unless the lighting fixtures are within an enclosed structure, including greenhouses. All lighting shall comply with the standards in Section 11-04-011, Exterior Lighting.
         (7)   Historic Districts: Urban Farms located in a designated Historic District require a Certificate of Appropriateness.
         (8)   Produce Distribution: The pick-up and delivery of produce for the purpose of distribution to gardeners or those who have purchased shares of locally grown produce is limited to the hours of 6:00 am to 10:00 pm. Such activities shall not be considered retail sales.
         (9)   Retail Sales: In Residential zoning districts, retail sales may be allowed at Urban Farms. In addition to the standards listed above, the following criteria apply:
            (a)   Sales shall be limited primarily to produce grown on the premises. Other items that have been grown or raised within the City's Area of Impact may also be sold. These items shall not exceed 25 percent of the total amount of products on display.
            (b)   Display areas shall adhere to the setbacks of the zoning district and be located as close to the front property line as feasible.
            (c)   The area used for the sale, display and storage of produce shall not exceed 500 square feet.
            (d)   Sales are limited to the hours of 7:00 a.m. to 8:00 p.m.
            (e)   Installation of new, on-site parking to support retail sales is prohibited.
      D.   Wireless Communication Facilities: This section establishes standards for the placement of wireless communication facilities (WCFs) to minimize aesthetic impacts by regulating the height, location, site characteristics, and design. It shall apply to the placement of all new WCFs and the expansion or alteration of existing WCFs.
         (1)   General Requirements:
            (a)   Facilities shall not:
               i.   Create adverse noise from generators or other accessory equipment;
               ii.   Create access or grading problems;
               iii.   Interfere with the safe operation of traffic control equipment;
               iv.   Interfere with sight lines or clear zones for transportation or pedestrians; and
               v.   Violate any applicable laws, codes, or regulations;
            (b)   The removal of private trees (limbs, branches, or the entire tree) is prohibited unless written approval is provided from the private property owner and submitted with an application. The removal of public trees (limbs, branches, or the entire tree) is prohibited unless written approval is provided by the City Forester. The removal, if approved, shall be completed by a tree service licensed by the City of Boise. WCFs that will disturb, or impact existing landscaping or infrastructure maintained by the City within public rights-of-way shall comply with Section 7-7A-3. WCFs that disturb a tree shall also comply with Section 11-04-09.3.F(3), Avoiding Interference with Utilities and 11-04-09.8, Tree Preservation and may be required to comply with any other applicable ordinance or manual.
            (c)   Disturbance to private property landscaping, regardless of if it is located within a public easement, shall be repaired to its original state after installation of the facility is complete.
         (2)   Application Not Required: Subject to the design standards in Section 11-03-03.4.D(6), an application shall not be required for:
            (a)   Routine maintenance;
            (b)   The replacement of a facility or antenna with another facility or antenna of equal or lesser size or height;
            (c)   The installation, placement, maintenance, operation, or replacement of strand-mounted micro wireless facilities between existing utility poles; or
            (d)   The installation of an attached Wireless Communication Facility as defined in Section 11-03-03.4.D(6).
         (3)   Use Allowances and Applications: The WCF use allowances and application requirements are identified in Table 11-03.3, below.
 
TABLE 11-03.3: WIRELESS COMMUNICATION FACILITIES - ALLOWED, CONDITIONAL AND PROHIBITED USES BY ZONING DISTRICT
 
A = ALLOWED A* = ADMINISTRATIVE REVIEW C = CONDITIONAL USE PERMIT
 
 
FREESTANDING WIRELESS COMMUNICATION FACILITY
ZONING CATEGORY
ATTACHED WIRELESS COMMUNICATION FACILITY
MONOPOLE/STRUC TURE LESS THAN OR EQUAL TO 35-FEET IN HEIGHT IN THE R-1A, R-1B, R-1C, R-2, AND MX-1 DISTRICTS, LESS THAN 45-FEET IN HEIGHT IN THE R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1, AND A-2 DISTRICTS, AND LESS THAN 55-FEET IN HEIGHT IN THE I-1, I-2, AND I-3 ZONING DISTRICTS
MONOPOLE/STRUC TURE GREATER THAN 35-FEET IN HEIGHT IN THE R-1A, R-1B, R-1C, R-2, AND MX-1 DISTRICTS, GREATER THAN 45-FEET IN HEIGHT IN THE R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 AND A-2, DISTRICTS, AND GREATER THAN 55-FEET IN HEIGHT IN THE I-1, I-2, AND I-3 ZONING DISTRICTS
Residential Districts (R-1A, R-1B, R-1C, R-2, and R-3)
A
A*
R-1 and R-2 zoning districts: Prohibited
R-3: C
Mixed-Use Districts (MX-1, MX-2, MX-3, MX-4, MX-5, MX-H, and MX-U)
A
A*
C
Industrial Districts (I-1, I-2, and I-3)
A
A*
C
Open Land Districts (A-1 and A-2)
A
A*
Prohibited
 
         (4)   Site Development Standards for Freestanding Wireless Communication Facilities Greater than the General Base Maximum Height of Zoning District: The following shall apply to freestanding WCFs greater than 35 feet in height in the MX-1 district, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts.
            (a)   Setbacks:
               i.   Monopoles/structures/towers greater than 35 feet in height in the MX-1 district, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U districts, and 55 feet in height in the I-1, I-2 and I-3 districts shall be set back from all property lines as required by that zoning district or by one foot for every 10 feet of total tower height, whichever is greater.
               ii.   For a WCF located within 300 feet of a Residential zoning district or use, the minimum distance from the tower base to the nearest existing residential structure or building setback line shall not be less than the height of the tower.
            (b)   Separation: No closer than 1,000 feet to another freestanding WCF.
            (c)   Height Measurement: The height measurement of a WCF shall include the height of the structure including antenna attachments.
            (d)   Conditional Use Approval Required: WCFs greater than 35 feet in height in the MX-1 district, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U districts, and 55 feet in height in the I-1, I-2, and I-3 districts require approval of a Conditional Use Permit as indicated in Table 11-03.3.
            (e)   Equipment Facilities: All equipment shelters, cabinets, or on-ground ancillary equipment shall meet setback requirements of the zoning district in which they are located and shall not be located within the public right-of-way unless approved through a fully executed lease or license agreement and all design standards have been met.
            (f)   Screening and Landscaping: Facilities shall include a landscape buffer. The buffer shall consist of a landscape strip at least four feet wide outside the perimeter of the compound. A minimum of 50 percent of the plant materials shall be of an evergreen variety. The Planning Director may reduce or waive landscaping requirements where the visual impact of the facility is minimal.
            (g)   Color and Placement: To the maximum extent practicable, WCFs shall use materials, colors, textures, screening, and landscaping that blend the facilities to the natural setting and the built environment (e.g., a monopine design or similar concealment). Any antennas and supporting equipment installed on a structure other than a tower shall use colors that are similar to the supporting structure and render the antennas and related equipment as unobtrusive as possible.
            (h)   Lighting and Security: Unless required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), WCFs shall not be lit. Equipment shelters may use security lighting that is compatible with the surrounding neighborhood, confined to the boundaries of the site, and in compliance with Section 11-04-011, Exterior Lighting. Where a WCF is required to meet FAA paint or lighting regulations, the distance between the WCF and any residential zoning district or use or any Historic District shall not be less than one-fourth of a mile.
            (i)   Advertising: No advertising or display shall be located on any antenna or support structure.
            (j)   Discontinuation of Use: Any WCF that is no longer in use shall be reported immediately by the property owner or service provider to the Planning Director. Discontinued facilities shall be removed within six months and the site restored to its pre-existing condition.
            (k)   Gateway Streets: Lattice towers and WCF poles greater than 35 feet in height in the MX-1 district, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts are prohibited within 100 feet of:
               i.   Capitol Boulevard;
               ii.   Vista Avenue from I-84 to Capitol Boulevard;
               iii.   Broadway Avenue from I-84 to Warm Springs Avenue;
               iv.   State Street from the State Capitol to State Highway 55;
               v.   Myrtle Street;
               vi.   Front Street;
               vii.   Federal Way from Capitol Boulevard to Bergeson Street;
               viii.   Warm Springs Avenue; and
               ix.   Park Center Boulevard.
         (5)   Site Development Standards for Freestanding Wireless Communication Facility Less Than/or Equal to the General Base Maximum Height of the Zoning District: The following shall apply to freestanding WCFs less than or equal to 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 and A-2districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts.
            (a)   Setbacks:
               i.   Monopoles/structures less than or equal to 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1, and A-2 districts, and 55-feet in height in the I-1, I-2, and I-3 zoning districts shall comply with setbacks, landscaping and screening requirements for the zoning district in which they are located.
               ii.   For a WCF located within 300 feet of a Residential zoning district or use, the minimum distance from the tower base to the nearest existing residential structure or building setback line shall not be less than the height of the tower.
               iii.   In Residential zoning districts, freestanding WCFs shall be no closer than 20 feet to a dwelling.
            (b)   Design Criteria: The WCF shall comply with the WCF design standards in Section 11-03-03.4.D(6)(a).
            (c)   Separation: A freestanding WCF shall be no closer than 500 feet to another freestanding WCF.
            (d)   Dual Purpose: The pole shall allow for a Boise City Public Works approved street light or co-location of another WCF provider or utility service.
            (e)   Ground Equipment: All equipment not installed on or inside the pole shall be located underground, flush to the ground, within three feet of the utility pole and shall not be located within the public right-of-way unless approved through a fully executed lease or license agreement and all design standards have been met.
            (f)   Placement: The freestanding WCF shall not interfere with clear vision triangles or pedestrian access.
            (g)   Setback: In residential zoning districts, freestanding WCFs shall be no closer than 20 feet to a dwelling.
            (h)   Options to Co-locate: The applicant shall demonstrate that all appropriate co-location options (including publicly owned utility poles, privately owned structures, poles, rooftops, and poles within easements) within a 500 foot radius are technically incompatible for co-location.
            (i)   Notification: Notification of the adjacent property owners and occupants, including properties across streets and alleys, shall be submitted with the application, stating the adjacent owners and occupants have been notified of the applicant's intent to install a freestanding wireless communication facility, that any disturbance to the site will be repaired to its original state, and the applicant's contact information including name, telephone number, mailing address and email address. Certified mail is an acceptable means of notifying adjacent owners and occupants.
         (6)   Design Standards for Attached Wireless Communication Facilities: The following shall apply to attached WCFs per Table 11-03.3:
            (a)   General Criteria: The total volume of antennas on one structure shall not exceed 15 cubic feet.
               i.   No antenna shall extend horizontally more than 20 inches past the outermost mounting point (where the mounting hardware connects to the antenna).
               ii.   Antennas and associated equipment enclosures not fully concealed within a pole shall be camouflaged to appear as an integral part of the pole or be mounted as close to the pole as feasible and shall be reasonably related in size to the intended purpose of the facility and reasonable expansion for future frequencies and/or technologies, not to exceed the volumetric requirements otherwise required in this ordinance.
               iii.   Antennas and antenna equipment shall not be illuminated except as required by municipal, federal, or state authority or as incidental to deployment on a street light.
               iv.   In addition to complying with the design standards in this Subsection, when co-located on a pole owned by a different company or establishment, the co-located antenna shall also comply with the design standards of the pole owner applicable to its own antennas.
            (b)   Strand-Mounted Wireless Facilities: Strand-mounted facilities shall comply with the following:
               i.   Each strand-mounted antenna shall not exceed three cubic feet in volume;
               ii.   No more than two strand mounted antennas between any two existing poles;
               iii.   Strand-mounted devices shall be placed as close as possible to the nearest pole and in no event more than five feet from the pole; and
               iv.   No strand-mounted device will be located in or above the portion of the roadway open to vehicular traffic. Strand-mounted devices shall be installed with the minimum excess exterior cabling or wires to meet the technological needs of the facility.
            (c)   Replacement:
               i.   The center point of the replacement pole shall be located no more than five feet away from the center point of the original pole.
               ii.   Construction of the replacement pole entails no new ground disturbance within a five foot radius outside previously disturbed areas, including disturbance associated with temporary support of utility, communications, or related transmission lines.
               iii.   The pole shall be less than or equal to 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, less than 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 and A-2 districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts, except as otherwise authorized under this Code; and
               iv.   Has an appearance consistent with the quality and appearance of the original pole.
            (d)   Exceptions:
               i.   The design standards shall not apply to the extent that the facilities comply with any of the following standards:
                  A.   Antennae located entirely within approved signage, including antennae placed within the sign face or attached to a support structure so long as the design is such that the antennae is effectively unnoticeable. Such antennae shall not be placed on a non-conforming sign.
                  B.   Flush mounted, color coordinated panels on existing buildings where equipment is not visible above the roof line. All equipment shelters, cabinets or other accessory structures shall be located within the building used for the antennae, or on the ground located outside of any required setbacks, required landscaping or parking spaces.
                  C.   Antennae built into architectural features or that appear to be architectural features added to existing structures (such as chimneys, cupolas, dormers, bell towers, steeples, water tanks, stadium lights, utility poles, and other similar features), provided that the height of such architectural feature is less than or equal to 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, less than 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 and A-2 zoning districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts.
                  D.   Co-location on existing facilities where the height of the existing structure or pole does not exceed 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 and A-2 districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts, unless a Conditional Use Permit is approved.
                  E.   Installations that are located far from any prospective viewer and in such a way as to have a backdrop of terrain that obscures the antennae as to make it visibly unobtrusive and effectively unnoticeable; or
                  F.   Antennas that appear to be natural features indigenous to the site and that are in proximity to the features they are imitating so that they blend in and do not stand out visually.
               ii.   An applicant may seek Planning Director approval to deviate from applicable site and design standards to the extent that compliance with the standard: (i) is not technically feasible; (ii) impedes the effective operation of the WCF; (iii) conflicts with other applicable laws or requirements governing the WCF; or (v) otherwise materially inhibits or limits the provision of wireless service.
         (7)   Eligible Facilities Request: Upon receipt of an Eligible Facilities Request, the Planning Director shall review such application to determine whether the application qualifies. The Planning Director shall issue an approval if the application qualifies.
      E.   Brewpub, Micro-Distillery, Or Micro-Winery:
         (1)   In the MX-1 zoning district, this use shall not exceed 5,000 square feet of gross floor area and shall maintain at least 20 percent of the gross floor area for public use as an area for consumption of products produced on the premises.
         (2)   In other zoning districts where this use is allowed, except the I-1 and I-2 districts, Brewpubs, Distilleries, or Wineries shall not exceed 10,000 square feet of gross floor area and shall maintain at least 40 percent of the gross floor area of the facility for public use as an area for consumption of products produced on the premises and food items.
      F.   Food Truck, Accessory: All Food Trucks shall comply with the following standards in order to operate on private property, provided that:
         (1)   Each Accessory Food Truck shall comply with all applicable city, state, and federal licensing requirements and shall be in good operating condition.
         (2)   Each Accessory Food Truck and any associated tables, chairs, displays, umbrellas, and/or other equipment shall not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the Accessory Food Truck is operating outside of the business hours of on-premises uses.
         (3)   Each Accessory Food Truck and any associated tables, chairs, displays, umbrellas, and other equipment shall not obstruct any designated pedestrian, bicycle, or vehicle ingress or egress from the property, or any designated drive aisle.
         (4)   Each Accessory Food Truck shall have written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept in the Accessory Food Truck and made available for review by any City inspector at all times during operation of the Accessory Food Truck at the site.
         (5)   The Accessory Food Truck operator shall provide trash receptacles sized to meet expected demand and shall remove them after the Accessory Food Truck completes serving food.
         (6)   Motorized vehicle drive-through service from all food trucks is prohibited.
      G.   Food Truck Court:
         (1)   General:
            (a)   Food Trucks operating within a Food Truck Court shall meet all applicable city, state, and federal licensing requirements and shall be in good operating condition.
            (b)   Motorized vehicular drive-through service from all food trucks is prohibited.
         (2)   Location:
            (a)   Food Trucks and associated seating areas shall not be located in any required landscaping area, access easement, driveway, or fire lane(s).
            (b)   All eating, drinking, service, and delivery activity shall occur outside of setbacks, landscaping, and the public right-of-way.
         (3)   Site Design:
            (a)   There shall be at least three feet of clearance between each individual Food Truck and between each permanent or accessory structure and at least 10 feet of unobstructed clearance for Food Trucks parked side-by-side.
            (b)   Seating for the consumption of food and drink shall be provided.
            (c)   Accessible restroom facilities, including handwashing facilities, shall be provided.
            (d)   Each Food Truck Court shall provide trash receptacles sized to meet expected demand and shall empty or remove them on a daily basis. The site shall include a trash collection facility, including but not limited to a designated dumpster location accessible by trash collection vehicles.
            (e)   The Food Truck Court shall be designed to allow for continuous pedestrian ingress and egress to and from the site as well as accessible internal walkways or passageways between Food Trucks, restroom facilities, trash receptacles, and seating areas.
         (4)   Operations:
            (a)   When located adjacent to a residential zoning district, the hours of operation shall be limited between 6:00 a.m. and 10:00 p.m.
            (b)   Any amplified sound shall comply with Title 5, Chapter 7 of the Boise City Code regarding permissible levels of noise.
      H.   Neighborhood Café:
         (1)   A Neighborhood Café shall not exceed 2,000 square feet in gross floor area.
         (2)   If alcoholic drinks are served, food shall be served as well.
         (3)   Any outdoor seating area is limited to no more than 30 percent of the gross floor area of the Café.
         (4)   In the R-1C zoning district, the location of this use is allowed on corner lots. If the use is proposed to be located on an interior lot, it shall require a Conditional Use Permit approval pursuant to Section 11-05-05.3.C.
         (5)   Drive-Through Facilities are prohibited.
         (6)   The Café shall only operate between the hours of 7:00 a.m. and 8:00 p.m.
      I.   Bed And Breakfast:
         (1)   In the R-1A, R-1B, R-1C, R-2, R-3, and MX-1 districts:
            (a)   This use is limited to existing or former Single-Family Detached Dwellings; and
            (b)   Food service shall only be provided to residents and overnight guests.
         (2)   Each guest stay shall be limited to a maximum of 30 consecutive days.
         (3)   No food preparation or cooking shall be conducted within any bedroom made available for guests.
         (4)   The exterior design of the structure and premises shall include an amount of façade articulation, and numbers and locations of windows and building entrances on the primary building façade that are similar to those in the surrounding area and neighborhood.
      J.   Recreational Vehicle Park: Any Recreational Vehicle Park shall be subject to the following standards:
         (1)   Recreational vehicles shall not be visible from adjacent or surrounding arterial streets or highways. Screening shall comply with Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
         (2)   A site area for each recreational vehicle shall be designated and parking for the recreational vehicles, accessory vehicles, trailers and slide-outs, stairs, or similar items shall be contained within that individual vehicular site area.
         (3)   No more than one recreational vehicle shall be permitted at any individual site area.
         (4)   Recreational Vehicle Parks shall have a full-time manager on site at all times.
         (5)   Services and amenities within the Recreational Vehicle Park shall be restricted to use by registered campers and their guests, and shall include at a minimum water, sewer, and electricity for each site, water and sewer facilities for common buildings, dump stations, common bathrooms and showers, laundry facilities, a management office, and an active recreational area that complies with Subsection (6) below.
         (6)   An active recreational area shall be a minimum of four percent of the site, and may include a clubhouse, swimming pool, outdoor amphitheater, food and beverage service, catering facilities, and other such similar amenities.
         (7)   Sale of retail items shall be limited to registered campers and their guests and shall not occupy more than 2,000 square feet of building area.
         (8)   No blocking of recreational vehicles shall be permitted.
         (9)   No outdoor storage by park guests shall be permitted.
         (10)   The site shall be properly graded for drainage, and surfaced with concrete, asphalt or any other improved surface approved by the Planning Director based on durability, appearance, and dust control.
         (11)   The site shall be maintained in good condition, free of weeds, trash, and debris.
         (12)   Occupancy of an individual recreational vehicle on the park site shall be limited to a maximum of 30 consecutive days.
      K.   Financial Establishment, Medical or Dental Clinic, Personal and Business Services: In the R-3 zoning districts, these uses may only be located on the ground floors of buildings containing primary Multiple-Family Dwelling uses or within an existing building.
      L.   Office:
         (1)   Within the R-3 zoning district, professional and executive offices may only be located on the ground floors of buildings containing primary Multiple-Family Dwelling uses or within an existing building.
         (2)   In the I-1 and I-2 zoning districts, construction of new buildings for primary office uses, or the creation of accessory office uses that occupy more than 25 percent of the gross floor area of a primary structure require a Conditional Use Permit pursuant to Section 11-05-05.3.C. The use of up to 25 percent of the gross floor area of a new or existing building for office uses accessory to Allowed or Conditional Uses in the building does not require a Conditional Use Permit.
      M.   Firing Range, Indoor:
         (1)   The City may require a nuisance abatement plan or restrict hours of operation as a condition of approval to minimize adverse impacts on adjacent properties.
         (2)   The design and construction of the use shall completely confine all ammunition rounds within the building and in a controlled manner.
      N.   Retail Sales, Neighborhood:
         (1)   In the R-1C zoning district, the location of this use is allowed on corner lots. If the use is proposed to be located on an interior lot, it shall require a Conditional Use Permit approval pursuant to Section 11-05-05.3.C.
         (2)   A neighborhood retail sales establishment shall only operate between the hours of 7:00 a.m. and 8:00 p.m.
      O.   Retail Sales Small, Medium, or Large: In all zoning districts, the pedestrian walkways and entrances into each business shall remain unencumbered by merchandise or storage and shall provide a minimum horizontal clearance of five feet to allow convenient pedestrian passage.
      P.   Sexually Oriented Business:
         (1)   Legislative Intent and Purpose
            (a)   It is the intention of the City that the provisions of this Section be construed, enforced, and interpreted in such a manner as will cause the least possible interference with any affected rights of speech, due process, equal protection, or other federal or state constitutional right, as interpreted by the courts. This Code and each Section and provision thereof are hereby declared to be independent divisions and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this Section, or the application thereof to any person or circumstance is held to be invalid, the remaining Sections or provisions and the application of such Sections or provisions to any person, business, or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such Sections and provisions would have been passed independently of such Section or provision so known to be invalid.
            (b)   The purpose of these regulations is to allow the reasonable location of a Sexually Oriented Business within the city in a manner that shall protect property values, neighborhoods, and residents from the potential adverse secondary effects of Sexually Oriented Businesses while providing to those who desire to patronize Sexually Oriented Businesses such opportunity in appropriate areas within the city. It is not the intent of this Code to suppress any speech activities protected by the First Amendment of the United States Constitution, but to impose content-neutral regulations that address the adverse secondary effects a Sexually Oriented Business may have on abutting properties and the immediate neighborhood.
            (c)   It has been determined and reflected in the land use studies of various US cities, that businesses that have as their primary purpose the selling, renting, or showing of sexually explicit materials have negative secondary impacts upon surrounding businesses and residences. The experience in other U.S. cities is that the location of a Sexually Oriented Business significantly increases the incidence of crimes, especially sex offenses, including rape, indecent exposure, lewd and lascivious behavior, and child molestation.
            (d)   It has been determined and reflected in the land use studies of various US cities, that the operation of Sexually Oriented Businesses in business districts that are immediately adjacent to and that serve residential neighborhoods has a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and down-grading property values.
            (e)   It is the intent of these regulations to allow Sexually Oriented Businesses to exist within the city in various dispersed locations rather than to allow them to concentrate in any one business area. It is further the purpose of these regulations to require separation requirements between Sexually Oriented Businesses and residential uses, churches, parks, and educational institutions in an effort to buffer these uses from the secondary impacts created by Sexually Oriented Business activity.
         (2)   Applicability: The standards in this Section shall apply in the following circumstances:
            (a)   The opening or commencement of any Sexually Oriented Business as a new business;
            (b)   The conversion of an existing business or any part of any existing business to any of the Sexually Oriented Businesses regulated herein;
         (c)   The addition or expansion of any business to include any of the regulated Sexually Oriented Businesses; and
         (d)   The voluntary relocation of any such business.
         (3)   Criteria: In lieu of the generally applicable Conditional Use Permit criteria, a Sexually Oriented Business shall be subject to the following standards:
            (a)   If the establishment is located in a Mixed-Use zoning district, it:
               i.   Shall be limited to businesses licensed to serve beer, wine, alcohol, or spirituous liquor for consumption on the premises and that features live performers or servers wearing bikinis or swimsuits covering specified anatomical areas; and
               ii.   Shall be located at least 300 feet from any residential use or zoning district.
            (b)   In any zoning district in which the establishment is located, it shall comply with the following standards:
               i.   It shall not be located within 1,000 feet of a public or parochial school or daycare as defined and licensed by the state of Idaho; a public park or playground; a Bar or Tavern or other premises serving alcohol; religious institution; or any other Sexually Oriented Business.
               ii.   It shall not be located on a lot or parcel that is within 500 feet of a residential use or zoning district (except as noted in Subsection (a)(i) above).
               iii.   Distance shall be measured in a straight line from the property line closest to the property line of the nearest school, park, playground, religious institution, or other Sexually Oriented Business. These standards shall apply regardless of the political jurisdiction in which schools, parks, or churches or other adult businesses are located.
               iv.   Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours and shall be oriented and consistent with other commercial activities in the area.
               v.   All building openings, entries, windows, and the like, shall be located, covered, or screened in such a manner as to prevent a view into the interior, so that personnel, instruments, devices, paraphernalia, and body parts thereof, that are associated in any manner with specified anatomical areas or specified sexual activities, cannot be viewed from streets, sidewalks, and adjacent private properties.
               vi.   No loudspeakers or sound equipment shall be used for such businesses that can be discerned by the public outside the building.
               vii.   The disposal of garbage and trash containing sexually explicit materials shall be disposed of in a manner that prevents minors from having access to the material.
               viii.   Hours of operation are from 4:00 p.m. to 2:00 a.m. One security staff person is required for each 20 required parking spaces or fraction thereof. The hours of operation shall be visibly posted on all entrances and exits.
               ix.   On-site security shall be present during all hours of operation.
               x.   These provisions shall not be construed as permitting any use or act that is otherwise prohibited or made punishable by law.
               xi.   No sexually oriented materials or performances shall be disseminated, performed for, by, or upon minors. Signs prohibiting minors upon premises shall be visibly posted on all entrances and exits.
               xii.   All areas of the use shall be illuminated at a minimum of 20 footcandles, normally maintained and evenly distributed at ground level. except that performance venues shall only be required to be illuminated at a minimum of five footcandles.
               xiii.   The establishment shall limit the maximum number of image producing devices to the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
      Q.   Drive-Through Facility: All Drive-Through Facilities shall comply with the following standards:
         (1)   The location shall not cause an increase of commercial traffic in nearby residential neighborhoods, or cause significant adverse impacts in the vicinity, and traffic on nearby streets shall not be disrupted by increased vehicular congestion, blockage, or rerouting caused by the establishment.
         (2)   Drive-through lanes and associated escape lanes shall each be a minimum of 10 feet in width.
         (3)   Drive-through lane(s) shall be of sufficient length to accommodate average monthly peak volumes and shall comply with the table below, unless the Planning Director determines that additional spaces are required to avoid traffic congestion on abutting collector or arterial streets.
 
TABLE 11-03.4: MINIMUM VEHICLE STACKING SPACE REQUIREMENTS
USE
REQUIRED STACKING SPACES
Food and Beverage Service
5 per service lane
Other Uses
2 per service lane
 
         (4)   The number of drive-through lanes may be limited to allow for adequate on-site circulation of pedestrians and vehicles.
         (5)   Drive-through windows and drive-through lanes shall be located to the rear of the building to the maximum extent practicable.
         (6)   Drive-through lanes and related motor vehicle circulation shall not interfere with access to or reduce the number of motor vehicle parking spaces below the minimum required for all uses of the site, and shall not interfere with multi-modal access to, from, or through the site.
         (7)   Drive-through lanes shall be separated from the sidewalk by a planting strip a minimum of five feet in width.
         (8)   Exterior site lighting shall be designed and located to prevent glare and light trespass on abutting properties.
         (9)   Landscaping shall minimize the visual impact of vehicular lights and on-site signs as viewed from the public street.
         (10)   Drive-Through Facilities shall not create adverse noise, light, or other impacts on adjacent properties, and the hours of operation of a Drive-Through Facility may be limited to prevent or mitigate such impacts.
         (11)   Drive-Through Facilities shall be designed to meet all applicable standards in Section 11-04-03.5, Neighborhood Transition Standards.
         (12)   Where properties are located adjacent to a Residential district or residential use:
            (a)   Sound from electronic devices such as loudspeakers, automobile service order devices, and similar sound sources related to the use shall not exceed 55 decibels as measured at the property line with any adjacent Residential district or residential use.
         (b)   Drive-through lanes shall be set back at least 10 feet from each Residential zoning district or residential use; and
         (c)   Landscape and sound abatement walls shall be required along each property boundary abutting a Residential zoning district or use.
         (13)   In the MX-1, MX-3, MX-5, and MX-H zoning districts, Drive-Through Facilities may be allowed only if no drive-through service window or lane is located on a street-facing façade of the building. Service lanes and service windows shall be completely covered by and enclosed on both sides by a portion of the primary structure and access to service lanes from any street shall be through openings in the façade of the primary structure. Designs in which awnings, canopies, or other architectural features cover but do not enclose both sides of the service lanes do not meet this standard.
         (14)   In the MX-2 zoning district, Drive-Through Facilities may be allowed only if no drive-through service window or lane is located on a street-facing façade of the building.
      R.   Electric Vehicle Charging Station: All Electric Vehicle Charging Stations shall comply with the following standards:
         (1)   In the Residential zoning districts, an Electric Vehicle Charging Station shall be accessory to an Allowed or approved Conditional Use and shall be limited to use by residents, occupants, and patrons of the facility to which the use is accessory.
         (2)   Each charging station that is located in a parking lot shall comply with all applicable provisions of Section 11-04-08.6, Electric Vehicle (EV) Parking Spaces.
      S.   Service Station:
         (1)   In the MX-1 zoning district, Service Stations shall be limited to a maximum of six fuel pumps.
         (2)   All business and sales activities other than vehicle fueling shall be conducted within a completely enclosed building.
         (3)   No outdoor storage of vehicle parts, discarded tires, or similar materials shall be permitted.
         (4)   Fuel canopies shall be located to the side or rear of properties to minimize visual impact from public streets.
         (5)   Where this use is located adjacent to a Residential or Mixed-Use zoning district, the lot line/property lines adjacent to the Residential or Mixed-Use zoning district shall be screened pursuant to Section 11-04-09.5, Site Perimeter Buffers.
         (6)   Service Station canopies shall comply with the canopy lighting standards in Section 11-04-011.4.G, Canopy Lighting.
      T.   Vehicle Repair, Major and Minor:
         (1)   All major overhaul, body, and fender work, upholstering and welding, and spray painting shall be conducted within a completely enclosed building.
         (2)   No outdoor storage of vehicle parts, discarded tires, or similar materials shall be permitted.
         (3)   Outdoor storage of damaged, wrecked or temporarily inoperable vehicles awaiting repairs shall be limited to designated parking stalls and shall not be located in setbacks, landscaping areas, drive aisles, and pedestrian or bicycle networks.
         (4)   Where this use is located adjacent to a Residential or Mixed-Use zoning district, the lot line/property lines adjacent to the Residential or Mixed-Use zoning district shall be screened pursuant to Section 11-04-09.5, Site Perimeter Buffers.
      U.   Vehicle and Equipment Sales, Rental and Leasing, Light and Heavy:
      (1)   Vehicles shall not be displayed in required setbacks or areas designated for parking, vehicle and bicycle traffic circulation, drive aisles, fire lanes, or required landscaping.
      (2)   Vehicles shall be displayed outside clear vision triangles at any intersection or driveway and shall not obstruct the sidewalk or entrance into the primary building or any other sidewalks that allow for pedestrian access throughout the site.
      (3)   Where this use is located adjacent to a Mixed-Use zoning district, the lot line/property lines adjacent to the Mixed-Use zoning district shall be screened pursuant to Section 11-04-09.5, Site Perimeter Buffers.
      (4)   No loading and unloading of vehicles or parking or sale of display vehicles in the public right-of-way is permitted.

5. Industrial Uses:

      A.   Artisan Industry:
         (1)   All activities shall be conducted within a completely enclosed building.
         (2)   If located in the R-3 zoning district, this use shall not exceed 2,000 square feet of gross floor area and shall only operate between the hours of 6:00 am and 10:00 pm.
         (3)   If located in a Mixed-Use zoning district, this use shall not exceed 10,000 square feet of gross floor area.
         (4)   Retail sales of goods produced on the property are allowed.
      B.   Light Industry and Heavy Industry:
         (1)   Any facility using hazardous materials or procedures subject to additional review, licensing, or approval by state or federal law, or emitting electromagnetic radiation or other radiation, shall comply with all state and federal requirements regarding the storage, handling, transfer, use, and safety of those materials, procedures, or radiation, and require approval pursuant to Section 11-05-05.3.C, Conditional Use Permit - Initial Approval or Major Modification.
         (2)   In the I-1 zoning district, this use shall be screened from abutting properties in any zoning district other than the I-1 and I-2 districts, along Interstate I-84, from each abutting residential use, and from abutting streets, by a Type A buffer as described in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
         (3)   In the I-2 zoning district, this use shall be screened from abutting properties in any zoning district other than the I-2 district, and from abutting public streets, by a Type A buffer as described in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
      C.   Mining and Extraction:
         (1)   This use is prohibited within:
            (a)   Six hundred feet (600') of a Mixed-Use zoning district;
         (b)   Six hundred feet (600') of any lot occupied by a residential use other than Caretaker's Residence; and
         (c)   Six hundred feet (600') of any lot containing a Religious Institution or School.
         (2)   In all zoning districts where this use is permitted, the use shall be screened from abutting properties in any zoning district other than an I-2 district, and from abutting public streets by a Type A buffer as described in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
      D.   Outdoor Storage/Sales:
         (1)   In the Mixed-Use zoning districts where this use is permitted, this use is only permitted as an accessory use to an Allowed or approved Conditional Use on the lot, and not as a principal use of the lot.
         (2)   In the MX-1 district, outdoor storage of materials and display or sales of merchandise related to nonresidential uses is prohibited.
         (3)   In all zoning districts where this use is permitted, the use shall be screened from abutting properties in any zoning district other than an I-2 district, and from abutting public streets by a Type A buffer as described in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
         (4)   Outdoor storage of corrosive, acid, alkali, flammable, or explosive materials is prohibited except as specifically indicated in this Code.
         (5)   All outdoor storage shall be fully screened from adjacent properties and public rights-of-way with a solid or opaque fence or similar materials acceptable to the Planning Director.
         (6)   The outdoor display or sales of merchandise shall be displayed in an orderly fashion and located outside all required setbacks, landscaping, parking areas, fire lanes, traffic circulation areas for vehicles, bicycles and pedestrians such as drive aisles and sidewalks, and clear vision triangle at any intersection or driveway.
      E.   Self-Service Storage:
         (1)   All storage shall be kept within an enclosed building, except recreation or other oversized vehicles, which shall be stored only in exterior areas screened from view from any street frontage.
         (2)   Only storage of goods and materials are allowed in self-storage rental spaces. The use of storage spaces to conduct or operate a business is prohibited.
         (3)   The storage of hazardous materials is prohibited.
         (4)   Loading docks shall not be located on a side of the facility abutting a Residential zoning district.
         (5)   A permanent screen shall be required along all property boundaries and shall conform to landscaping and screening requirements in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
      F.   Trucking Terminal:
         (1)   This use shall be screened from abutting properties in any zoning district other than an I-2 district, from any residential use regardless of zoning district, from Interstate 84, and from abutting streets by a Type A buffer as described in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
         (2)   The use shall be located a minimum of 500 feet from any residential use, hospital, or school.
         (3)   Sufficient off-street loading and maneuvering space to handle anticipated vehicles shall be provided, and the public right-of-way shall not be used for backing movements.
      G.   Wholesale or Warehouse, Small and Large:
         (1)   The use shall not locate storage areas, truck loading bays, or vehicle circulation routes within a required setback or perimeter buffer.
         (2)   The use shall locate outdoor storage areas to the rear of the primary structure and screen them in accordance with Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
         (3)   Sufficient off-street loading and maneuvering space to handle anticipated vehicles shall be provided, and the public right-of-way shall not be used for backing movements.
         (4)   In the I-1 zoning district, any Large Wholesale or Warehouse facility adjacent to a Residential zoning district or a Residential use shall require a Conditional Use Permit pursuant to Section 11-05-05.3.C.
      H.   Electric Substation: All Electric Substations shall be screened from adjacent properties and public rights-of-way to obstruct the internal substation components from public view year-round in compliance with screening requirements for ground mounted mechanical equipment in Section 11-04-09.10.D(4)(b).
      I.   Renewable Energy Facility:
         (1)   Solar Collectors:
            (a)   Solar collectors shall only be located in rear or side yards or on rooftops.
            (b)   If the solar collector is not flush with the roof the applicant shall minimize the visibility of the collector from a public street, park, open space, or golf course to the maximum extent practicable without prohibiting the installation.
            (c)   Ground-mounted accessory solar collectors shall not exceed the height of the primary structure on the lot or parcel.
         (2)   Wind Energy System:
            (a)   Any wind energy system shall be set back from the property line and the primary structure at least one and one-half times the height of the turbine.
            (b)   In Mixed-Use, Industrial, or Open Land zoning districts, accessory wind energy systems shall only be located in rear or side yards.
            (c)   In Mixed-Use zoning districts, an accessory wind energy system shall not exceed the maximum building height of the applicable zoning district.
            (d)   In the Industrial districts, an accessory wind energy system may exceed the maximum building height of the applicable zoning district by 20 feet.
      J.   Utility Facility, Minor:
         (1)   Public service poles, towers, or similar installations are of a height of 85 feet or less are allowed, including the replacement of existing facilities.
         (2)   Public service poles, towers, or similar installations of a height of 85 feet or greater require approval pursuant to Section 11-05-05.3.C, Conditional Use Permit - Initial Approval or Major Modification, and in addition the pole, tower, or installation, locations and heights shall:
            (a)   Not interfere with airport height restrictions;
            (b)   Minimize disturbance to views from established residential areas;
            (c)   Minimize disturbance to or interference with view of city, state, or federally registered historic structures;
            (d)   Not obstruct clear vision triangles or otherwise threaten motorist or pedestrian safety;
            (e)   Minimize conflict with existing uses;
            (f)   Be within route corridors already established or used by rail, automobile traffic arterials, or electrical transmission; and
            (g)   Be within route corridors that provide for a satisfactory level of energy efficient transmission of the product (electrical energy or other signals); or
            (h)   Be the best available alternative placements and heights, even though they do not comply perfectly with all the above findings.
      K.   Composting Facility: This use shall comply with the following standards:
         (1)   A minimum 50 foot setback shall be maintained from the property boundaries to any active processing area of the facility including any area used for active composting and curing;
         (2)   A minimum 200 foot buffer zone between the active composting pile and any existing Residential zoning district shall be maintained;
         (3)   No composting facility shall be allowed in a floodplain or floodway;
         (4)   Adequate space shall be provided between the piles to allow access to vehicles, including firefighting equipment;
         (5)   A sign shall be posted and maintained at the composting facility showing the nature of the project, facility name, address and telephone number of operator, operating hours, materials that may be received by the facility, and the phrase, "No Dumping of Garbage, Trash, Or Rubbish Allowed"; and
         (6)   The use shall be screened from abutting properties in any zoning district and from abutting public streets by a Type A buffer as described in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
      L.   Junkyard, Vehicle Salvage:
         (1)   This use shall be conducted within a building or within a yard enclosed on all sides by a wall or solid fence at least eight feet in height meeting the requirements of Section 11-04-09.10, Landscaping, Fencing, Walls, and Screening and kept in good repair at all times.
         (2)   Openings equipped with a gate or door not exceeding 24 feet in width, or not exceeding the minimum width needed to allow access to railroad lines or spurs serving the property, are permitted to allow vehicle access into the site.
         (3)   Openings for vehicle access shall be closed when the establishment is not open for business.
         (4)   Uses shall not have vehicle access points from or channel a majority of the traffic generated by the use onto a local residential street.
         (5)   The use shall be screened from abutting properties in any zoning district and from abutting public streets by a Type A buffer as described in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
      M.   Recycling Collection Facility: Drop-off Recycling Collection Facilities shall comply with the following standards:
         (1)   Containers shall be located so as to not interfere with required access or parking.
         (2)   Containers shall be kept in a state of good repair and emptied on a regular basis to prevent overflow.
         (3)   All containers shall be clearly marked as to the materials to be deposited in them.
         (4)   Non-compostable residues shall be disposed or processed at a permitted solid waste disposal facility in accordance with local, state, and federal laws, regulations, and standards.
      N.   Solid Waste Transfer Facility:
         (1)   The use shall be entirely enclosed within a building or yard enclosed on all sides by a wall or solid fence at least eight feet in height meeting the requirements of Section 11-04-09.10, Landscaping, Fencing, Walls, and Screening and kept in good repair at all times. No waste or recyclable materials shall be stored or kept at a level higher than the surrounding wall or fence.
         (2)   Exterior storage areas and idling or waiting trucks shall be screened from the view of streets or abutting properties.
         (3)   Sufficient area on the site shall be provided for the staging of idling or waiting trucks, to ensure traffic is not impeded.
         (4)   No overnight storage or any waste materials subject to rotting or odor creation shall be allowed.
         (5)   The site shall be properly graded for drainage and surfaced with concrete, asphalt or any other improved surface approved by the Planning Director based on durability, appearance, and dust control.
         (6)   The site shall be maintained in good condition, free of weeds, trash, and debris.
         (7)   The site shall provide barriers of such type and located so that no part of parked vehicles shall extend beyond the yard space or into the setback space from a lot line/property line abutting a Residential zoning lot or separated there from a street.
         (8)   The use shall be screened from abutting properties in any zoning district and from abutting public streets by a Type A buffer as described in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.

6. Accessory Uses and Structures:

      A.   Unlisted Uses Accessory to an Allowed Use: Accessory uses not listed in Table 11-03.1: Table of Allowed Uses may be approved if the Planning Director determines that it is secondary and subordinate to and commonly associated with the principal use to which it is accessory.

7. Temporary Uses:

      A.   General Temporary Uses:
         (1)   Applicability:
            (a)   Types of temporary uses and structures that may be approved under the temporary use approval process include:
               i.   Temporary buildings;
               ii.   Temporary display and sale of merchandise;
               iii.   Model homes, trailers, activities, and/or uses incidental to the construction of a building or group of buildings on the same or adjacent premises;
               iv.   Seasonal uses including but not limited to fireworks stands, Christmas tree lots, and produce stands; and
               v.   Other uses that clearly are not associated with a holiday, the growing season, or a construction project may be considered for approval by the Planning Director.
            (b)   Uses that shall not be considered for temporary approval include:
               i.   Uses that require Planning and Zoning Commission approval if they were a principal or accessory use in that zoning district.
               ii.   Structures or uses that are intended to be placed upon unimproved property, other than seasonal uses or uses incidental to construction.
         (2)   Standards for General Temporary Uses: A temporary use may be approved provided that the use complies with the following standards:
            (a)   Location: The temporary use shall allow for placement of a temporary structure or vehicle outside of any clear vision triangle, required setback, required parking stall (except as permitted for temporary, outdoor display sale of merchandise), service drive area, designated trash dumpster location, sidewalk, or any other position on a lot that may interfere with vehicular or pedestrian circulation, or the normal functions of other uses on the property, or be potentially hazardous to the public.
            (b)   Duration: Depending on the nature of the use, and with the exception of produce stands, a Temporary Use Permit shall not exceed 180 consecutive days.
            (c)   Removal: After the termination of the temporary use, the site shall be restored to its prior condition by the removal of the any structures, debris or refuse associated with the temporary use. Guarantees for timely removal may be required if there is a material risk of negative impacts on nearby properties or the City if such removal does not occur.
      B.   Temporary Uses not Requiring a Permit: The following uses shall be exempt from the requirements to obtain a Temporary Use Permit under Section 11-05-05.1.D provided the associated standards within this section are met.
         (1)   Construction Office:
            (a)   This use shall not begin, and any structure for the use shall not be installed, more than 30 calendar days before site construction begins.
            (b)   If work on the project has been dormant for a period of six or more months, the construction office shall be removed, unless an extension is granted by the Planning Director based on the anticipated construction restart date.
            (c)   The construction office shall not contain sleeping or cooking accommodations.
            (d)   The structure shall be set back at least five feet from any lot line/property line and eight feet from the building or structure under construction.
         (2)   Mobile Food Truck:
            (a)   A Temporary Use Mobile Food Truck shall operate on a property for a maximum of seven consecutive days.
            (b)   This use shall not operate on any lot where the principal use is a Single-Family Detached Dwelling, Single-Family Attached Dwelling, Duplex, Triplex, or Fourplex Dwelling.
            (c)   Each Mobile Food Truck shall comply with all applicable city, state, and federal requirements including those related to licensing and operating in the public right-of-way and shall be in good operating condition.
            (d)   Each Mobile Food Truck shall not occupy more than 10 percent of the required off-street parking spaces for the principal use on the subject property, unless an approved Temporary Use Permit provides for a longer time period or occupancy of a larger portion of the property.
            (e)   Each Mobile Food Truck operator shall provide solid waste receptacles sized to meet the expected demand and shall remove them after the Mobile Food Truck completes serving food.
            (f)   Motorized vehicular drive-through service from all food trucks is prohibited.
            (g)   Food Trucks shall require approval from the City Clerk's Office.
      C.   Specific Temporary Uses: The following shall be required to obtain a Temporary Use Permit under Section 11-05-05.1.D.
         (1)   Off-Site Construction Staging:
            (a)   All parking and materials shall be located outside of the required setbacks per the zone. Any job trailer shall be located outside of setbacks.
            (b)   Any access driveway shall be defined to be no wider than 24 feet. Non-construction related activities, and access to the site by the general public during off-hours, is not allowed.
            (c)   Approved surface materials are to be placed at all driveways to eliminate track-out of dirt onto the street.
            (d)   Any street-loading activities shall be coordinated with the Ada County Highway District and the applicant will be required to obtain all necessary public right-of-way permits to work in the public right-of-way.
            (e)   Use of the site shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. for Saturday and Sunday. Hours may be temporarily altered for special circumstances as approved by the Planning Director.
            (f)   The site shall be kept free of debris and in a nuisance-free and orderly manner. Temporary fencing with screening shall be placed around the entire site.
            (g)   The applicant shall coordinate with the Boise Fire Department to ensure access is not blocked to the trailer.
            (h)   Contact information, including a phone number, for a person responsible for ensuring compliance with all regulations and available to answer calls during all hours of operation shall be clearly posted on the site and on file with the City.
            (i)   The applicant is responsible for ensuring all site improvements are removed, placed back to its previous condition, and the site is inspected for compliance by planning staff.
         (2)   Sales and Leasing Office:
            (a)   Sales and Leasing Offices are permitted in any zoning district on the site of the development for which the sales are taking place.
            (b)   Sales and Leasing Offices are permitted to remain on the site of the development from 15 days before homes are offered for sale until 15 days after all homes or home sites within the development are sold.
         (3)   Seasonal Sales:
            (a)   Sales areas shall be set back a minimum of 15 feet from any public right-of-way.
            (b)   Seasonal Sales require approval from the City Clerk's Office.
            (c)   A Temporary Use Permit shall be valid for a maximum of 30 consecutive days.
            (d)   Temporary Use Permits for produce stands shall be approved annually. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)