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Boise City Zoning Code

CHAPTER 11

04 DEVELOPMENT AND DESIGN STANDARDS

11-04-01: PURPOSE:

The purpose of this Chapter 11-04 is to provide standards for developing property or establishing new uses of property within the Boise City to ensure the protection of the health, welfare, safety, and quality of life for local citizens, visitors, and business owners. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the vision and goals of the Comprehensive Plan. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)

11-04-02: APPLICABILITY:

   1.   Generally: The requirements of this Chapter 11-04 shall apply to all new development and redevelopment pursuant to Section 11-01-04, Applicability, unless otherwise provided in another Section of this Code.
   2.   Activities That Require Compliance with Specific Standards:
      A.   Construction of any new primary or accessory structure on a lot shall require compliance with all standards in this Chapter unless an exception is stated in the Code.
      B.   Table 11-04.1 identifies the design and development standards contained within this Chapter 11-04 , Development and Design Standards and the development review decision where compliance with these standards is required. However, nothing in these standards shall exempt development activity from complying with all applicable standards of this Code.  
      C.   Section 11-05-06 , Nonconformities, identifies activities that trigger full and limited compliance for legal nonconforming site and structures with specific development standards contained within this Code.
TABLE 11-04.1: DEVELOPMENT STANDARDS COMPLIANCE THRESHOLDS
ZONING CODE STANDARD
CODE SECTION
ALLOWED USE ALLOWED ZONE- SPECIFIC STANDARDS
ALLOWED USE ALTERNATIVE ZONE- SPECIFIC STANDARDS
CONDITIONAL USE PERMIT
MAJOR DESIGN REVIEW
MINOR DESIGN REVIEW
SUBDIVISION OF LAND
ZONING CERTIFICATE OR COMPLIANCE REVIEW [2]
TABLE 11-04.1: DEVELOPMENT STANDARDS COMPLIANCE THRESHOLDS
ZONING CODE STANDARD
CODE SECTION
ALLOWED USE ALLOWED ZONE- SPECIFIC STANDARDS
ALLOWED USE ALTERNATIVE ZONE- SPECIFIC STANDARDS
CONDITIONAL USE PERMIT
MAJOR DESIGN REVIEW
MINOR DESIGN REVIEW
SUBDIVISION OF LAND
ZONING CERTIFICATE OR COMPLIANCE REVIEW [2]
Lot and Building Design and Dimensions
X
X
X
X
X
X [1]
X
Subdivision Standards
X
Sensitive Lands
X
X
X
X
X
X
X
Building Design
X
X
X
X
X
X
Access and Connectivity
X
X
X
X
X
X
X
Parking and Loading
X
X
X
X
X
X
Landscaping, Fencing, Walls, and Screening
X
X
X
X
X
X
X
Exterior Lighting
X
X
X
X
X
X
X
Signs
X
X
X
X
X
X
X
Notes:
[1]   Review is for lot dimensions only.
[2]   Applications for a change of use are only reviewed for compliance with Parking and Loading and Exterior Lighting standards.
 
   3.   Compliance with Design Standards Required:
      A.   In addition to the standards in this Section, all Residential Small Lot development, Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the standards and other mandatory content in the adopted Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines.
         (1)   The Downtown Design Standards and Guidelines shall apply to all Multiple-Family Dwelling, mixed-use, and nonresidential development in the Downtown Planning Area.
         (2)   The Citywide Design Standards and Guidelines shall apply to all Residential Small Lot development, Multiple-Family Dwelling, mixed-use, and nonresidential development outside of the Downtown Planning Area.
   B.   In the event of a conflict between the standards in this Chapter 11-04, Development and Design Standards and applicable standards in the Citywide or Downtown Design Standards and Guidelines, the provision requiring the higher level of visual building quality and interest, as determined by the Planning Director, shall apply. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-03: LOT AND BUILDING DESIGN AND DIMENSIONS:

   1.   General Lot and Design Standards:
      A.   Access to Public Street: No building shall be constructed or erected upon any parcel not abutting a public street or having a permanent access easement to a public street.
      B.   Construction Over Platted Lot Line/Property Lines: Construction over platted lot line/property lines of multiple whole lots in any zoning district is only allowed if:
         (1)   Prior to issuance of a Building Permit, the applicant submits to the City a copy of a recorded Notice of Buildable Parcel and a map describing the entirety of the platted lots upon which construction is proposed to take place; and
         (2)   Prior to construction, the applicant submits to the City a copy of a recorded Plat of any platted or recorded easements in the area of proposed construction or the written permission of the easement holder to complete such construction without vacating the easement.
   2.   Dimensional Standards Summary Tables: All development and redevelopment shall comply with the standards in this Section 11-04-03.2, Dimensional Standards Summary Tables unless another Section of this Code provides an alternative standard for a particular use, layout, or development type. Sections of this Code that may provide alternative standards include but are not limited to Section 11-03-03, Use-Specific Standards.
      A.   Residential Districts:
         (1)   Dimensional Standards:
            (a)   All development in Residential zoning districts shall comply with the standards in Table 11-04.2 unless those standards are adjusted pursuant to a provision of this Section 11-04-03 , Lot and Building Design and Dimensions or another provision of this Code.
            (b)   All structures that were legally constructed and that complied with applicable dimensional standards prior to the Effective Date, but that no longer comply with the dimensional standards in this Section 11-04-03.2.A due to inclusion in a consolidated zoning district with different dimensional standards shall be considered conforming structures under this Code.
TABLE 11-04.2: RESIDENTIAL DISTRICT DIMENSIONAL STANDARDS
N/A = NOT APPLICABLE
NO PRIMARY OR ACCESSORY STRUCTURE SHALL OBSTRUCT A CLEAR VISION TRIANGLE
ZONING DISTRICT
R-1A
R-1B
R-1C
R-2
R-3
TABLE 11-04.2: RESIDENTIAL DISTRICT DIMENSIONAL STANDARDS
N/A = NOT APPLICABLE
NO PRIMARY OR ACCESSORY STRUCTURE SHALL OBSTRUCT A CLEAR VISION TRIANGLE
ZONING DISTRICT
R-1A
R-1B
R-1C
R-2
R-3
Lot Standards [1]
Lot Area (minimum) [2]
20,000 sf.
9,000 sf.
3,500 sf.
2,500 sf.
Single-Family Attached: 1,500 sf.
All Other Uses: 2,000 sf.
Lot Width (average)
75 ft.
50 ft.
25 ft.
20 ft.
20 ft.
Street Frontage (minimum)
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Density (maximum, units/acre) [2]
2.1 [3]
4.8 [3]
12.4 [3]
N/A
N/A
Setbacks (Minimum)
Front
Front Entry Parking/Garage
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Remainder of Structure
15 ft.
15 ft.
15 ft.
10 ft.
10 ft.
Street Side
Side Street Entry Parking/Garage
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Remainder of Structure
20 ft. [4]
20 ft. [4]
15 ft.
15 ft.
15 ft.
Interior Side [5]
10 ft.
10 ft.
5 ft. or
10 ft. [6]
5 ft. or
10 ft. [6]
5 ft. or
10 ft. [6]
Rear
20 ft.
20 ft.
15 ft.
15 ft.[7]
15 ft. [7]
Height (Maximum)
Building Height (maximum)
35 ft.
35 ft.
3 stories not to exceed 40 ft.
4 stories not to exceed 45 ft.
4 stories not to exceed 50 ft.
Notes:
[1]   All Residential Small Lots shall meet the standards in Section 11-04-03 .4, Residential Small Lots.
[2]   Maximum density requirements shall not apply to Accessory Dwelling Units or Duplex Dwellings.
[3]   Maximum density requirement shall not apply to properties using housing incentives earned pursuant to Section 11-04-03 .7.D.
[4]   See Section 11-06-02 .5.B(4).
[5]   No interior side setback is required between Single-Family Attached Dwellings.
[6]   For the third story of a building when abutting a single-story building.
[7]   Reduced to 5 ft. when rear property line abuts an alley.
 
      B.   Mixed-Use, Industrial, and Open Land Districts:
         (1)   All development in Mixed-Use, Industrial, or Open Land zoning districts shall comply with the standards in Table 11-04.3 unless those standards are adjusted pursuant to provision of this Section 11-04-03 , Lot and Building Design and Dimensions or another provision of this Code.
TABLE 11-04.3: MIXED-USE, INDUSTRIAL, AND OPEN LAND DISTRICT DIMENSIONAL STANDARDS
N/A = NOT APPLICABLE
NO PRIMARY OR ACCESSORY STRUCTURE SHALL OBSTRUCT A CLEAR VISION TRIANGLE
ZONING DISTRICT
MX-1
MX-2
MX-3
MX-4
MX-5
MX-U
MX-H
I-1
I-2
I-3
A-1
A-2
TABLE 11-04.3: MIXED-USE, INDUSTRIAL, AND OPEN LAND DISTRICT DIMENSIONAL STANDARDS
N/A = NOT APPLICABLE
NO PRIMARY OR ACCESSORY STRUCTURE SHALL OBSTRUCT A CLEAR VISION TRIANGLE
ZONING DISTRICT
MX-1
MX-2
MX-3
MX-4
MX-5
MX-U
MX-H
I-1
I-2
I-3
A-1
A-2
Lot Standards
Lot Area (minimum)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
1 acre
40 acres
Lot Width (average)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
50 ft.
100 ft.
Street Frontage (minimum)
N/A
N/A
N/A
N/A
N/A
30 ft.
30 ft.
30 ft.
30 ft.
30 ft.
30 ft.
100 ft.
Density (maximum)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
1 unit/ acre
1 unit/40 acres
Building Setbacks (Minimum/Maximum)
Front
Min 0 ft.
Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 10 ft. [1]
Min 10 ft.
Min 20 ft.
Min 20 ft.
[4][5]
Min 20 ft. [7]
Min 40 ft. [7]
Street Side
Min 0 ft.
Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 10 ft. [1]
Min 10 ft.
Min 15 ft.
Min 15 ft.
[4][5]
Min 20 ft. [7]
Min 40 ft. [7]
Interior Side
Min 0 ft.
Min 0 ft.
Min 0 ft.
Min 0 ft.
Min 0 ft.
N/A
1 & 2 stories
5 ft. 3+ stories 15 ft.
Min 0 ft. [2]
Min 0 ft. [2]
[4][5]
Min 20 ft. [7]
Min 40 ft. [7]
Rear
Min 10 ft. [3]
Min 10 ft. [3]
Min 10 ft. [3]
Min 10 ft. [3]
Min 0 ft.
Min 10 ft. [1]
Min 0 ft. [2]
Min 0 ft. [2]
[4][5]
Min 20 ft. [7]
Min 40 ft. [7]
Parking Setbacks (Minimum)
Front
20 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft. [1]
20 ft.
20 ft.
20 ft.
20 ft. [4]
20 ft. [7]
Min 20 ft. [7]
Street Side
20 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft. [1]
10 ft.
10 ft.
15 ft.
20 ft. [4]
20 ft. [7]
Min 20 ft. [7]
Interior Side
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
10 ft. [1]
10 ft.
0 ft. [2]
0 ft. [2]
20 ft. [4]
20 ft. [7]
Min 20 ft. [7]
Rear
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
10 ft. [1]
10 ft.
0 ft. [2]
0 ft. [2]
20 ft. [4]
20 ft. [7]
Min 20 ft. [7]
Any Yard Adjacent to Interstate (I-84 & I-184)
10 ft.
20 ft.
20 ft.
20 ft.
10 ft.
N/A
10 ft.
20 ft.
20 ft.
20 ft. [4]
20 ft. [7]
Min 20 ft. [7]
Building Height (Maximum)
Building Height
45 ft.
45 ft.
70 ft.
70 ft.
N/A
[8]
78 ft.
55 ft.
55 ft.
150 ft. [6]
45 ft. or 35 ft. [7]
Min 20 ft. [7]
Notes:
[1]   Only applies from edge of the adopted Boise State University campus master plan boundaries.
[2]   When adjacent to a Residential zoning district or residential use, 30 ft. minimum for all development under three acres, 50 ft. minimum for all development between three acres and 10 acres, and 100 ft. minimum for all development of 10 or more acres.
[3]   Reduced to 5 ft. when rear property line abuts an alley.
[4]   If a development is part of an adopted Industrial Technology master plan, setbacks shall apply only to the perimeter of the campus.
[5]   45 ft. + 1 ft. for every 1-foot increase in building height above 45 ft. OR 100 ft. when the property is adjacent to a Residential zoning district or residential use, regardless of whether the property is located on the perimeter of the campus.
[6]   Controlled by a 45 degree angle of bulk plan from all exterior property lines up to the maximum height of 150 feet.
[7]   Applies when the property abuts a Residential zoning district or a residential use.
[8]   Interior to the campus: Unlimited; Where the development site is located within 50 ft. of public right-of-way on Beacon Street, Broadway Avenue, or Boise Avenue: 70 ft.; Where the development site is located within 50 ft. of a Residential zoning district (adjacent or across public right-of-way); 45 ft. or the maximum height of the Residential zoning district, whichever is greater.
 
   3.   Exceptions And Encroachments:
      A.   Permitted Exceptions To Minimum Street Frontage: To encourage creative building design, the Planning Director, following Interdepartmental Review, may reduce or waive the minimum street frontage requirement listed in Section 11-04-03.2, Dimensional Standards Summary Tables if the Planning Director determines that the site plan does not create material negative impacts on vehicle access, emergency services, or solid waste collection.
      B.   Permitted Encroachments into Setbacks: Certain building and site features listed in Table 11-04.4 below may extend into the required building setbacks limits listed in Section 11-04-03, Lot and Building Design and Dimensions as shown in Table 11-04.4 below.
TABLE 11-04.4: PERMITTED ENCROACHMENTS INTO REQUIRED SETBACKS
STRUCTURE OR FEATURE
CONDITIONS OR LIMITS
Encroachments into Required Setbacks
TABLE 11-04.4: PERMITTED ENCROACHMENTS INTO REQUIRED SETBACKS
STRUCTURE OR FEATURE
CONDITIONS OR LIMITS
Encroachments into Required Setbacks
Accessory Renewable Energy Facility
Permitted in side or rear setbacks in Residential and Mixed-Use districts, and in any setback in Industrial and Open Land districts, but not closer than two feet to any property line.
Balcony without roof
May extend up to four feet into any rear setback, provided the support structures are located outside of rear setback.
Chimneys no more than 8 feet in width
May extend up to two feet into any setback.
Covered front porches a minimum of 5 feet in depth for Single-Family Detached and Attached, Duplex, Triplex, or Fourplex Dwellings
May encroach into required front setback up-to 5 feet. The encroachment shall not interfere with street trees, sidewalks, or required landscaping.
Detached accessory structures
 
Under 120 square feet in area and < 7 feet in height
In the R-1A, R-1B, R-1C, R-2, and R-3 zoning districts may have reduced interior side yard setbacks of 3 feet and rear yard setbacks of 3 feet. Allowed encroachments cannot conflict with any existing easements.
<121- 500 square feet in area and
< 14 feet in height
In the R-1A, R-1B, R-1C, R-2, and R-3 zoning districts may have reduced interior side yard setbacks of 3 feet and rear yard setbacks of 9 feet. Allowed encroachments cannot conflict with any existing easements.
< 1,000 square feet in area and
< 22 feet in height [2]
Exempt from rear or side yard setbacks when the rear or side property line abuts an alley.
Fencing in the side or rear yards, landscaping, walkways, and accessible ramps
Exempt from setback requirements, provided they do not interfere with any existing easements.
Little library book exchange boxes
Exempt from front and side yard setbacks in Residential and Mixed-Use zoning districts, provided the portion of the yard occupied by the box does not exceed 2 square feet.
Masonry ledges, windowsills, belt courses, fireplaces, cantilevers, architectural features, cornices, eaves, canopies, and roof overhangs that do not increase the volume of space enclosed by the building
May extend up to 2 feet into any setback.
Open post patio/shade covers, pergolas, and similar structures under 250 feet in area and less than 15 feet in height and attached to a residential dwelling [3]
May have rear yard setbacks of nine feet in any zoning district. For corner lots, a minimum 15 foot side yard street setback is required.
Raised garden beds no more than three feet in height
Exempt from all setback requirements.
Stair, railing, and landing without roof
May extend up to three feet into front or side setback or up to six feet into rear setback.
Window wells
May extend up to three feet into any front or rear setback. Window wells may also extend up to two feet into any side yard setback provided that a minimum three-foot setback is maintained from the side property line
Flagpoles and antennas
Exempt from all setbacks, provided they conform to the height limit allowed within the zoning district
Notes:
[2] Applies to alley-loaded parking structures only. Height as measured from grade to the peak of the roof.
[3] Structures that use the reduced setbacks shall not occupy more than 50 percent of the width of any rear yard.
 
      C.   Permitted Exceptions Through Building Height Limits: Certain building and site features listed in Table 11-04.5 below may exceed the maximum building height limits listed in Section 11-04-03 .2, Dimensional Standards Summary Tables as shown in the Table below.
TABLE 11-04.5: EXCEPTIONS TO BUILDING HEIGHT LIMITS
STRUCTURE OR FEATURE
CONDITIONS OR LIMITS
TABLE 11-04.5: EXCEPTIONS TO BUILDING HEIGHT LIMITS
STRUCTURE OR FEATURE
CONDITIONS OR LIMITS
Accessory rooftop solar collectors
May extend up to 18 inches above the height limit for primary or accessory structures.
Accessory wind energy system
Permitted height shall be 10 feet above the height limit for primary structures.
Chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances frequently mounted above the roof level
Exempt from height limit.
Ham radio antenna or television antenna
Permitted height shall be 45 feet measured from finished grade, only permitted in rear yard, and shall comply with all required setbacks.
Structures built to support, shelter, or enclose emergency warning sirens, communication antennae, or other public safety devices operated by government agencies. Requirements for telecom facilities are included in Section 11-03-03.4.D
Exempt from height limit.
Towers, steeples, spires, belfries, cupolas, and domes on primary nonresidential structures provided they are not used for human occupancy
Exempt from height limits, provided their largest horizontal cross-section does not exceed 20% of the horizontal cross-section of the top floor ceiling plate of the building. See Section 11-06-02.4.A(2).
 
   4.   Residential Small Lots:
      A.   Purpose: The purpose of this Section is to ensure that new residential development on lots less than 3,500 square feet and Substandard Original Lots of Record are compatible in design and scale with established housing.
      B.   Applicability:
         (1)   The standards in this Section 11-04-03.4 shall apply to new dwellings and additions to existing dwellings:
            (a)   On lots less than 3,500 square feet created after the Effective Date in the R-2 and R-3 zoning districts; and
            (b)   On Substandard Original Lots of Record existing on the Effective Date in the R-1A, R-1B, R-1C, R-2, or R-3 zoning districts.
         (2)   The Historic Preservation Commission may modify the regulations for Residential Small Lots in order to issue a Certificate of Appropriateness.
      (3)   These standards do not apply to lots that are part of a Planned Unit Development and do not supersede any note recorded on a Subdivision Plat.
      (4)   In the event of a conflict between this Section 11-04-03.4 and any other standard applied to new dwellings and remodels of existing dwellings by other Sections of this Code, the standards in this Section 11-04-03.4 shall apply.
      C.   General Provisions:
         (1)   Design Review:
            (a)   A development containing four or fewer dwelling units on up to four contiguous Residential Small Lots shall be subject to Minor Design Review pursuant to Section 11-05-05.2.E.
            (b)   A development of five or more contiguous Residential Small Lots shall be subject to Major Design Review pursuant to Section 11-05-05.3.D and shall also comply with the standards and guidelines in this Section 11-04-03.4.
            (c)   If a proposed development includes three or more structures, each of which contains four or fewer dwelling units, and the Planning Director determines that the potential impacts of the development on surrounding areas is similar to that of a project that would require Major Design Review, the Planning Director may require that the project be subject to Major Design Review pursuant to Section 11-05-05.3.D.
      D.   Development Standards:
         (1)   Setbacks:
            (a)   Front: Front yard setbacks shall comply with the requirement of the applicable zoning district.
            (b)   Side: Interior side setbacks shall comply with the requirement for applicable the zoning district. The following building arrangements may also be permitted:
               i.   Common Lot Line/Property Line Attached Units: When the building is located on a common lot line/property line, the remaining side yard setback shall comply with the requirement for the zoning district.
Figure 4.1. Common Lot Line/Property Line Attached Units
                ii.    Detached Units on Contiguous Lots: For contiguous Residential Small Lots developed simultaneously, the interior side yard setbacks may be reduced to three feet interior to the development, provided the setbacks exterior to the development comply with the setbacks required by the zoning district.
Figure 4.2. Reduced Interior Setback for Detached Units on Contiguous Lots
               iii.     Attached Buildings of Two Stories or More: Two-story attached buildings shall have a minimum side yard setback of five feet for the first story and a minimum of eight feet for the second story from the exterior side property line, with bay windows, pop-outs or other architectural appurtenances are allowed at the five foot setback line, however a maximum of two dormers with a maximum width of eight feet located on each side of the structure are allowed. Alternative proposals meeting the intent of this requirement may be approved by the Planning Director.
Figure 4.3. Two-Story Attached Units on Contiguous Lots - Setbacks
Figure 4.4. Two-Story Attached Units on Contiguous Lots - Dormers
            (c)   Rear: The rear yard setback shall be as required by the zoning district in which the Residential Small Lot is situated.
         (2)   Building Height: The maximum height permitted for buildings on Residential Small Lots shall comply with the requirement for applicable the zoning district, except if an existing, less than two-story residential dwelling in a Residential zoning district abuts either side of the subject lot, then the maximum height shall not exceed 35 feet and shall contain no more than two stories, excluding basements.
         (3)   Building Size: Residential floor area shall not exceed 70 percent of the effective lot area. Below grade floor area is not included.
         (4)   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 or parking areas. A minimum of 25 percent of the required open space shall consist of permeable ground surface with landscaping.
         (5)   Public Right-Of-Way Improvement:
            (a)    Development on Residential Small Lots that include construction of a new dwelling unit (excluding ADUs) shall provide curb, gutter, and detached sidewalk a minimum of five feet in width that is separated by a landscape planter that is a minimum of eight feet in width. Waivers or variations to this requirement may be granted by the Planning Director based upon exceptional circumstances.
            (b)   Where driveways access a public street, a paved driveway apron that extends to the edge of street pavement of the roadway or alley shall be provided unless a waiver or variation on some or all of this requirement is 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 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.
         (6)   Parking: Vehicular access and parking shall comply with the following standards:
            (a)    If alley access is available, all access shall be taken from the alley. One standard parking space shall be provided with 22 feet of back- up space.
            (b)   If alley access is not available and an attached garage is provided, the garage design shall include varied rooflines, dormers within the roofline or other architectural treatments that will avoid the appearance of garage domination of the front or side building façade. The face of the garage shall be set back 20 feet from the property line or back of sidewalk. Street-facing garages and driveways shall not exceed 20 feet in width, or 50 percent of the width of the building façade on which the garage is located, whichever is less.
            (c)   If alley access is not available and unenclosed or uncovered parking is provided, the driveway and parking area shall not exceed 20 feet in width, or 50 percent of the width of the building façade on which the parking is located, whichever is less.
            (d)   Two detached residential structures may share a 12 foot wide driveway or wider, providing access to rear yard detached garages or attached garages with a common wall on the property line.
            (e)   Where front yard driveways are permitted, the driveway may be designed with two concrete wheel strips or grass pavers separated by vegetation.
         (7)   Alternative Building Arrangements:
            (a)   Zero Lot Line/Property Line Option: If multiple Single-Family Detached Dwelling units and garages are constructed on contiguous lots, a zero lot line/property line development is permitted provided that the design maintains full required setbacks from adjacent non-project lots. The zero lot line/property line units remain subject to the general design guidelines in Subsection E, below, and are subject to Minor or Major Design Review pursuant to Sections 11-05-05.2.E or 11-05-05.3.D, depending on the size of the project.
            (b)   Attached Units:
               i.   In order to achieve similar length to a standard-width Single-Family Detached Dwelling, Single-Family Attached Dwelling units shall be organized in structures containing a maximum of five units. The attached units remain subject to the general design criteria in Subsection E, below.
               ii.   The applicant or builder shall obtain City approval of easement agreement(s) for the use and maintenance of common facilities such as driveways, parking sites, and common party walls. The agreement shall be recorded in the official records of Ada County prior to submission of plans for a Building Permit.
               iii.   Adjustments to lot line/property lines and reduction in the number of lots within the same parcel are subject to review and approval pursuant to all applicable standards in this Code. The applicant shall obtain approval from the City and record any lot line/property line adjustments or reduction in lots with the County Recorder prior to submission for a Building Permit.
      E.   Design Guidelines: In addition to the development standards above, the general design guidelines below shall also apply to developments on Residential Small Lots. Design Review shall take into account the location and design of adjacent buildings, landscaping, and public right-of-way improvements, and shall comply with the following criteria to the maximum extent practicable:
         (1)   Orientation: All buildings shall be oriented towards a public street, except when buildings cannot be oriented toward a public street due to inadequate street frontage. In this case, buildings shall be oriented towards a private street or lane conforming to City standards.
         (2)   Front Façade Design Requirements:
            (a)   All dwelling units shall have a front door that faces the street. When a unit is built on a corner lot, the main entrance shall have the door facing the dominant street.
            (b)   For dwelling units with front-loaded garages, a garage door shall not count toward window/opening requirements. The garage door shall also have design elements such as panels, windows, trim features, cross members, or other features as determined appropriate by the applicable Design Review process.
            (c)   Portions of the façade occupied by garage doors shall comply with Section 11-04-03.4.D(6), Parking above.
            (d)   Required façade elements shall, in addition to complying with design guidelines in (a) and (b), above, include a minimum of two of the following: multi-paned windows, varied roof lines, bay windows, wainscot, covered front door, or other elements as approved by the applicable Design Review process that create a unique façade.
            (e)   Attached units shall provide modulation and architectural design features to prevent flat façade wall planes.
            (f)   Building design shall incorporate materials such as brick, stone, stucco, tile, and wood for 35 percent of the facade and second story elements. The presence of such materials on nearby homes shall be reviewed as a guide for appropriate materials to be used on the new dwelling.
            (g)   Rain gutters shall be provided on the side elevations of all structures to aid in site drainage. Gutters shall direct water to the front or rear of the lot.
   5.   Neighborhood Transition Standards: In order to facilitate a predictable transition from Multiple-Family, mixed-use, and nonresidential development on abutting lower-density residential zoning districts, all development listed in Subsection (A) below shall comply with all standards Subsections (B), (C), (D), and (E) below. In case of conflict between the standards in this Section 11-04-03.5 and any other standard in this Code, the standards in this Section 11-04-03.5 shall apply.
      A.   Applicability: The standards in this Section 11-04-03.5 shall apply to all development or redevelopment after the Effective Date on lots located:
         (1)   In the R-2 or R-3 zoning districts, or any Mixed Use, Industrial, or Open Land zoning district that have a side or rear lot line/property line abutting a lot in the R-1A, R-1B or R-1C zoning district; and
         (2)   In any Mixed Use, Industrial, or Open Land zoning district that have a side or rear lot line/property line abutting a lot in the R-2 or R-3 zoning district.
      B.   Building and Parking Area Setbacks:
         (1)   The primary building shall be set back from each side or rear property line abutting an R-1A, R-1B, R-1C, R-2, or R-3 lot a distance at least equal to the minimum setback required in that abutting zoning district.
         (2)    Any parking area, Drive-Through Facility, or vehicle circulation driveway shall be set back from each side or rear property line abutting an R-1A, R-1B, R-1C, R-2, or R-3 lot by at least 10 feet or the minimum parking setback distance in the district where the primary building is located, whichever is greater.
      C.   Building Height Stepdown:
         (1)   Abutting R-1A, R-1B, or R-1C Districts: Each primary building constructed after the Effective Date with a height greater than 35 feet shall reduce the visual impact of the building when viewed from each abutting R-1A, R-1B, or R-1C lot by limiting the maximum height of the building so that:
            (a)   It does not exceed 35 feet at the minimum building setback line from the R-1A, R-1B, or R-1C lot; and
            (b)   Any portion of the building with a height between 35 and 45 feet shall be set back an additional 20 feet from the required building setback as identified in Subsection B(1) above.
            (c)    Any portion of the building with a height above 45 feet shall be set back an additional 10 feet from the setback identified in Subsection 1(b) above
Figure 4.5. Building Height Stepdown Requirements
         (2)   Abutting R-2 or R-3 Districts: Each primary building constructed after the Effective Date with a height greater than 45 feet shall reduce the visual impact of the building when viewed from each abutting R-2 or R-3 lot by limiting the maximum height of the building so that:
            (a)   It does not exceed 45 feet at the minimum building setback line from the R-2 or R-3 lot; and
            (b)   Any portion of the building with a height between 45 and 55 feet shall be set back an additional 20 feet from the required building setback as identified in Subsection B(1) above.
            (c)   Any portion of the building with a height above 55 feet shall be set back an additional 10 feet from the setback identified in Subsection (2)(b) above.
      D.   Lighting Height: In addition to complying with all standards in Section 11-04-011, Exterior Lighting, no outdoor pole or wall mounted light fixture located within 50 feet of any side or rear lot line/property line abutting an R-1A, R-1B, R-1C, R-2, or R-3 zoning district shall be mounted more than 20 feet above grade.
   6.    Other Standards:
      A.   All development shall comply with all Form, Layout, and Design Standards applicable to the MX-1, MX-2, MX-3, MX-4, and MX-5 zoning districts in Sections 11-02-03.1, 11-02-03.2, 11-02-03.3, 11-02-03.4, and 11-02-03.5 respectively.
      B.   All development shall comply with all standards related to building or development form in each overlay district listed in Section 11-02-07, Overlay Districts.
   7.    Housing Incentives:
      A.   Purpose: The purpose of this Section 11-04-03.7 is to support an increased supply of diverse, affordable, and sustainable/resilient housing that will efficiently use the existing infrastructure.
      B.    Approval Procedure: The approval procedures for projects earning one or more of the housing incentives shall be those otherwise applicable under this Code unless this Section specifically modifies the procedure to allow an administrative approval. Any conditions attached to a project approval shall not reduce or modify the housing incentives for which the project qualifies under this Section.  
      C.   Nonconforming Uses and Structures: The housing incentives created by this Section shall be available regardless of whether the existing use of the property is a conforming use and regardless of whether any existing structures on the property are conforming structures. All structures shall be required to meet the applicable building codes.
      D.    Housing Incentives Available:
         (1)    In the R-1A, R-1B, and R-1C Zoning Districts: Except as described in Subsection (2) below, in the R-1A, R-1B, and R-1C zoning districts, a project containing up to four units permitted by Table 11-03.1: Table of Allowed Uses is not subject to the base zoning district density limit or minimum lot size if the lot created or the combined area of any new lots created meets the zone's minimum lot size and complies with all applicable Use-Specific Standards in Section 11-03-03 Residential Small Lots Standards in Section 11-04-03.4. and also complies with one or both of the following standards for affordability and sustainability/resilience.
            (a)   Affordability: At least one of the two permitted units, one of the three permitted units, or at least two of the permitted four shall be income-restricted affordable to households earning not more than 80 percent of the Area Median Income for the Boise area if the dwelling unit(s) is a rental unit for a period of at least 20 years; or affordable to households earning no more than 120 percent of the Area Median Income if the dwelling unit(s) is a for-sale property for a period of at least 20 years.
            (b)    Sustainability/Resilience: The project shall satisfy all the following criteria for sustainable and resilient development:
               i.    Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units.
               ii.   Energy Conservation: The building shall either:
                  A.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or
               B.    Shall meet the adopted City of Boise Green Building Code, whichever achieves the greater energy savings; and
            iii.   Water Conservation: The building shall consume at least 15 percent less water than would be consumed if the building met all water conservation standards applicable to similar developments.
         (2)    In the R-1B and R-1C Districts: In the R-1B and R-1C zoning districts, a project containing between three to 12 units permitted by Table 11-03.1: Table of Allowed Uses is not subject to the base zoning district density limit or minimum lot size if the lot created or the combined area of any new lots created meets the zone's minimum lot size and complies with all applicable Use-Specific Standards in Section 11-03-03, Residential Small Lots Standards in Section 11-04-03.4, and also complies with all of the following standards for applicability and affordability. Projects that contain five or more dwelling units shall also receive a 50 percent reduction in the minimum required off-street parking. If a project meets the requirements of both this Subsection (2) and Subsection (1) above, the requirements and housing incentives in this Subsection (2) shall apply.
            (a)   Standards: The project shall satisfy all the following criteria:
               i.   Location:
                  A.    The project site shall be located entirely within 300 feet of a collector or arterial roadway (as determined by the Ada County Highway District Master Street Map) or within one fourth of a mile of a property zoned MX-3 or MX-4; and
                  B.   Have a minimum of 55 feet of street frontage.
               ii.   Lot Characteristics: The project site shall be:
                  A.   A vacant lot;
                  B.   A lot where the improvement/structure value as assessed by the Ada County Tax Assessor for the most recent year is no greater than 25 percent of the total assessed value of the property; or
                  C.   A lot on which an existing structure will be incorporated into the project design.
               iii.   No Recent Demolitions: The project site shall not include any property for which the City approved a demolition permit for a primary structure within the previous three years.
               iv.   Parking, Visibility and Access:
                  A.   Any new surface parking lot or garage shall be located to the rear of the structure(s).
                  B.   Any surface parking lot or parking garage shall be accessed from an alley if an alley is present or shall have only one access point if an alley is not present.
            (b)   Affordability: Projects shall comply with all the following affordability standards, as applicable to the size of the project.
               i.   Projects with Three or Four Dwelling Units: No affordability requirements.
               ii.   Projects with Five to Eight Dwelling Units : At least one of the units shall be income-restricted affordable to a household earning not more than 80 percent of the Area Median Income for the Boise area for a period of at least 20 years if the dwelling unit is a rental unit; or affordable to a household earning no more than 120 percent of the Area Median Income for a period of at least 20 years if the dwelling unit is a for-sale property.
               iii.   Projects with Nine to Twelve Dwelling Units: At least two of the units shall be income-restricted affordable for a period of at least 20 years to households earning not more than 80 percent of the Area Median Income for the Boise area, if the dwelling units are rental units, or affordable to households earning no more than 120 percent of the Area Median Income, if the dwelling units are a for-sale property, for a period of at least 20 years.
         (3)   In the R-2 and R-3 Districts: In the R-2 and R-3 districts, a project containing five or more dwelling units permitted by Table 11-03.1 : Table of Allowed Uses shall receive a 50 percent reduction in minimum required off-street parking if it complies with all applicable Use-Specific Standards in Section 11-03-03 and also complies with the location standards and one or both of the standards for affordability and sustainability/resilience below.
            (a)   Location: The project site shall be located entirely within one fourth of a mile of a property zoned MX-3, MX-4, or MX-5.
            (b)   Affordability: At least 25 percent of all permitted dwelling units shall be income-restricted for a period of at least 20 years to households earning not more than 60 percent of Area Median Income, and at least 25 percent of the income-restricted units shall contain two or more bedrooms.
            (c)    Sustainability/Resilience: In addition to satisfying the criteria in Subsection (a) above, the project shall satisfy all of the following criteria for sustainable and resilient development:
               i.   Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units;
               ii.   Energy Conservation: The building shall:
                  A.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or
                  B.    Shall meet the adopted City of Boise Green Building Code, whichever achieves the greater energy savings; and
            iii.   Water Conservation: The building shall consume at least 15 percent less water than would be consumed if the building met all applicable water conservation standards applicable to similar development.
            iv.   Landfill Waste Diversion: 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.
         (4)   In the MX-3 District: In the MX-3 district, a Multiple-Family Dwelling shall receive a 50 percent reduction in minimum required off-street parking if it complies with the applicable Use-Specific Standards in Section 11-03-03 and also complies with one or both of the following standards for affordability and sustainability/resilience:
            (a)   Affordability: At least 25 percent of all permitted dwelling units shall be income-restricted affordable for a period of at least 20 years to households earning not more than 60 percent of Area Median Income, and at least 25 percent of the income-restricted units must contain two or more bedrooms.
            (b)    Sustainability/Resilience: The project shall satisfy all of the following criteria for sustainable and resilient development:
               i.   Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units.
               ii.   Energy Conservation: The building shall:
                  A.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or
                  B.    Shall meet the adopted City of Boise Green Building Code, whichever achieves the greater energy savings; and
               iii.   Water Conservation: The building shall consume at least 15 percent less water than would be consumed if the building met all applicable water conservation standards applicable to similar development.
               iv.   Landfill Waste Diversion: 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.
         (5)   In the MX-4 District: In the MX-4 district, a Multiple-Family Dwelling may exceed the applicable height limit in the MX-4 district and is not subject to an off-street parking requirement if it complies with all applicable Use-Specific Standards in Section 11-03-03 and also complies with one or both of the following standards for affordability and sustainability/resilience:
            (a)   Affordability: At least 25 percent of all permitted dwellings shall be income-restricted affordable for a period of at least 20 years to households earning not more than 60 percent of Area Median Income, and at least 25 percent of the income-restricted units must contain two or more bedrooms.
            (b)   Sustainability/Resilience: In addition to satisfying the criteria in Subsection (a) above, the project shall satisfy all of the following criteria for sustainable and resilient development:
               i.   Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units;
               ii.   Energy Conservation: The building shall:
                  A.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or
                  B.   Must meet the adopted City of Boise Green Building Code, whichever achieves the greater energy savings.
               iii.   Water Conservation: The building shall consume at least 15 percent less water than would be consumed if the building met all applicable water conservation standards applicable to similar development.
               iv.   Landfill Waste Diversion: 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.
         (6)    Adaptive Reuse: This Subsection (7) shall apply to projects involving the adaptive reuse of existing structures that are not eligible for the other housing incentives applicable to the reuse of existing structures in Subsections (1), (2), (3), and (4) above.
            (a)   The project shall involve the adaptive reuse of an existing primary structure in the R-1A, R-1B, R-1C, R-2, R-3, MX-1, MX-2, or MX-3 zoning districts; and shall comply with one of the following two standards:
               i.   The existing primary building being adaptively reused may be increased or reduced in size a maximum of 10 percent. Streetscape improvements may be required as well as the use-specific standards for any new buildings on site. However, the use-specific standards for Duplex, Triplex, or Fourplex (section 11-03-03.2) allow the Planning Director to approve alternatives to the design elements if the alternative meets the intent of these design standards; or
               ii.   If no changes are made to the size of the existing primary building being adaptively reused, streetscape improvements may be required as well as the use-specific standards for any new buildings on site. However, the use-specific standards for Duplex, Triplex, or Fourplex (section 11-03-03.2) allow the Planning Director to approve alternatives to the design elements if the alternative meets the intent of these design standards. The project shall be exempt from setback requirements unless the location of the building is in conflict with any existing easements or encroaches on a neighboring property line;
            (b)   If the project is located in the R-1A, R-1B, R-1C, R-2, or R-3 zoning district:
               i.   The project shall receive a 50 percent reduction in minimum required off-street parking; and The project shall not be subject to the dwelling unit per acre density limits in the zoning district where the property is located.
            (c)   If the project is located in the MX-1, MX-2, or MX-3 zoning district, it shall not be required to provide any off-street parking in addition to that already provided on-site, but any existing on-site parking shall not be reduced below the amount otherwise required by this Code for the proposed reuse. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-04: SUBDIVISION STANDARDS:

   1.   Purpose: The purpose of this Section 11-04-04 is to promote the public health, safety, and general welfare of present and future residents by ensuring that the Subdivision of Land results in:
      A.   Patterns of lots, blocks, streets, open space, and sites for public facilities that are consistent with the City's adopted Comprehensive Plan;
      B.   New developable lots having thorough and efficient networks of pedestrian, bicycle, and vehicular access and networks of utilities that are efficient and cost-effective to maintain;
      C.   Systems of open space and stormwater drainage, and other natural areas that connect with and complement similar areas on adjacent lots where possible;
      D.   Improved energy efficiency;
      E.   Avoidance of development on lands such as water bodies, floodways, landslides and fault zones, steep slopes, unstable soils, and wildlife and habitat areas; and
      F.   Prevention of noise-sensitive land uses or other uses that would conflict with operations of the airport.
   2.   Applicability:
      A.   General: This Section 11-04-04 applies to all land divisions within the City, unless another provision of this Code, including but not limited to Section 11-05-05 .4.F, Subdivision Plat - Preliminary provides a different standard or requirement.
      B.   Exception for Five-Acre Parcel Division: Approval of a Subdivision of Land pursuant to Subsection 4. below are not required for the division of land into parcels of five acres or more meeting the following standards:
         (1)   The land is not zoned for or intended to be used for residential development purposes;
         (2)   The dedication of public streets or construction of private streets is not required other than dedications for the widening of existing streets; and
         (3)   The parcels front onto a street and meet the dimensional standards of the zoning district within which they are located unless a modification or waiver of those standards is granted by the Planning and Zoning Commission.
   3.   Records of Survey: The following changes of parcel boundaries shall require the review and approval of a Record of Survey prepared in accord with Idaho Code, 55-19, to establish that resulting parcels are conforming, buildable parcels.
      A.   Property Line Adjustment:
         (1)   Conforming Lots of Record: The following standards apply to all Property Line Adjustments involving conforming lots of record that do not qualify as Residential Small Lots pursuant to Section 11-04-03.4, Residential Small Lots.
            (a)   The boundaries of a parcel within a Residential zoning district or that contains a residential use may be adjusted through the Property Line Adjustment process twice. Any additional boundary adjustments shall require a Subdivision.
            (b)    The total number of buildable parcels shall not be greater than the number of buildable parcels and/or lots existing prior to the Record of Survey. When Property Line Adjustments occur between section land and subdivided lots, no lot shall increase in area by more than 20 percent.
            (c)   The resulting parcels shall meet the minimum requirements for area, frontage, and width for the existing zoning district.
            (d)   All existing buildings, driveways, and parking areas shall meet the setback requirements of the existing zoning district as measured from any parcel boundary being created by this process. Any setback that is legally nonconforming may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Property Line Adjustment. If any building not meeting the required setback is to be partially or completely demolished, the demolition shall be completed prior to the approval of the Property Line Adjustment.
            (e)   If existing residential buildings are to remain, the parcel containing such building(s) shall comply with the parking requirements in this Code. If any off-site parking is permitted by this Code, the amount of permitted off-site parking and the Section of this Code authorizing the off-site parking shall be documented on the Record of Survey.
            (f)    If the Property Line Adjustment results in the creation of a new buildable parcel abutting a roadway, a detached sidewalk that complies with all applicable standards on this Code, including but not limited to those standards in Section 11-04-07 Access and Connectivity and Section 11-04-09.4 Street Frontage Landscaping, shall be provided.
            (g)   All parcels that abut an alley shall be required to take parking access from the alley.
            (h)   If the original parcel abuts an alley, each lot created by the Property Line Adjustment shall abut that alley.
            (i)   If the lot(s) has driveway access from the street rather than the alley, the area between the edge of the street pavement and the property line shall not be paved to a width any wider than the existing driveway. The applicant shall obtain a license agreement from the Ada County Highway District prior to landscaping and/or paving in the public right-of-way.
            (j)   When utilities cross land being divided, a utility easement to each proposed lot shall be provided and indicated on the Record of Survey. If an easement is located in a proposed area for a permanent structure to be constructed, the easement shall be vacated prior to the approval of the Record of Survey.
         (2)   Residential Small Lots:
            (a)   If a Property Line Adjustment involves one or more Residential Small Lots, it shall not result in more buildable parcels than the total number of original substandard lots of record or the maximum number of Residential Small Lots permitted by Section 11-04-03.4, Residential Small Lots.
Figure 4.6. Substandard Original Lot of Record
            (b)   A Property Line Adjustment that includes a partial lot requires documentation that the split of the lot was recorded prior to October 30, 1965. If the partial lot was created by recorded deed prior to October 30, 1965, and does not qualify as a buildable parcel, it shall be combined with an original lot to count as one buildable parcel.
            (c)   Adjusted side property lines shall be perpendicular to the public street. Exceptions can be made for lots where the original side lot line/property lines were not perpendicular to the street, such as pie shaped lots (See Figure 4.7 ).
Figure 4.7. Property Line Adjustment Not Allowed
            (d)     A Property Line Adjustment shall not result in buildable parcels that decrease the area, frontage, or width below the minimum allowed in the applicable zoning districts.
            (e)   All parcels that abut an alley shall be required to take parking access from the alley.
            (f)   If the original parcel abuts an alley, each new lot created by the Property Line Adjustment shall abut that alley.
            (g)    All existing buildings, driveways, and parking areas shall meet the setback requirements of the existing zoning district as measured from any parcel boundary being created by this process. Any setback that is legally nonconforming may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Property Line Adjustment. If any building not meeting the required setback is to be partially or completely demolished, the demolition shall be completed prior to the Planning Director's approval of the Record of Survey.
            (h)   If existing primary buildings are to remain, the parcel containing such building(s) shall comply with the parking requirements in this Code. If any off-site parking is permitted by this Code, the amount of permitted off-site parking and the Section of this Code authorizing the off-site parking shall be documented on the Record of Survey.
            (i)   If the Property Line Adjustment results in the creation of a new buildable parcel that abuts a public right-of-way (without increasing the total number of buildable parcels on the site), a detached sidewalk that complies with all applicable standards on this Code, including but not limited to those standards in Section 11-04-07 Access and Connectivity and Section 11-04-09 .4 Street Frontage Landscaping, shall be provided.
            (j)   If the lot(s) has driveway access from the street rather than the alley, the area between the edge of the street pavement and the property line shall be paved to align with the driveway. The applicant shall obtain a license agreement from the Ada County Highway District prior to landscaping and/or paving in the public right-of-way.
            (k)   When utilities cross property lines being relocated, a utility easement to each proposed lot shall be provided and indicated on the Record of Survey. If an easement is located in a proposed area for a permanent structure to be construction, the easement shall be vacated prior to the approval of the Record of Survey.
            (l)   The boundaries of a parcel within a Residential zoning district or containing a residential use may be adjusted through the Property Line Adjustment process twice. Any additional boundary adjustments shall require a Subdivision Plat or a Record of Survey for a Minor Land Division.
            (m)   A Property Line Adjustment shall only occur between an original corner lot and an original interior lot if the original corner lot is a minimum of 35 feet or more in width, or the minimum width for a corner lot permitted by Section 11-04-03.4 Residential Small Lots, whichever is smaller, unless three or more lots are combined resulting in a reduction in density. Adjusted corner lots shall comply with the following standards:
Figure 4.8. Property Line Adjustments Not Allowed
               i.    If a lot at the corner of two streets is proposed to be adjusted, the resulting corner lot shall be at least the same square footage as the original corner lot
Figure 4.9. Adjustments Demonstrated
               ii.   If an existing dwelling is located on a corner lot, a 15 foot rear setback shall be provided from the existing dwelling to the new rear property line, regardless of the orientation or street address of the existing dwelling.
            (n)   If the lot(s) contains an existing dwelling, a minimum of 200 square feet of open space as required in Section 11-04-03.4, Residential Small Lots, located outside of the setbacks for each existing dwelling shall be designated as such on the Record of Survey.
         (3)   Parcel Consolidation:
            (a)   A Record of Survey is required to allow the consolidation of two or more existing contiguous parcels, with at least one parcel deemed as buildable, into one buildable parcel.
            (b)    If an easement is located in a proposed area for a permanent structure to be constructed, the easement shall be vacated prior to the approval of the Record of Survey.
      B.    Minor Land Division: The purpose of the Minor Land Division is to create up to four buildable parcels without being subject to the procedures for review and approval of a Preliminary and Final Plat. Minor Land Divisions are permitted in all Industrial zoning districts and permitted as a housing incentive in the Residential and Mixed-Use zoning districts if the affordability requirements are met.
         (1)   Minor Land Division Affordability Incentive Requirements Standards: Minor Land Divisions shall be permitted in the R-1A, R-1B, R-1C, R-2, R-3, MX-1, MX-2, MX-3, MX-4, and MX-5 zoning districts when at least one of two, one of three, or two of four buildable parcels created through the Minor Land Division Process include a deed-restriction that applies to all current and future residential units developed on the parcel. The deed restricted residential units shall be income-restricted to households earning not more than 80 percent of the Area Median Income for a period for a minimum of 20 years if the dwelling unit(s) is a rental unit; or income-restricted to households earning not more than 120 percent of the Area Median Income for a minimum of 20 years if the dwelling unit(s) is a for-sale property. The sales price for the deed restricted property cannot exceed 95% of the median sales price for that unit type in Ada County, based on the preceding month's MLS data.
         (2)   General Standards:
            (a)   No Minor Land Division shall create more than four new parcels.
            (b)   No property involved in a Minor Land Division shall be involved in a subsequent Minor Land Division for a period of one year from the recording date of the previous Record of Survey for a Minor Land Division.
            (c)   No new street dedication, excluding widening of an existing street, is involved;
            (d)   No new public utility lines shall be extended within the public right-of-way to property involved in a Minor Land Division.
            (e)   Wet line sewer and central water lines shall be currently located in the public right-of-way that abuts the parcel to be divided.
            (f)   All resulting parcels shall conform to the minimum requirements of all existing land use regulations including the adopted Code unless specifically allowed by Section 11-04-03.7, Housing Incentives.
            (g)   All resulting parcels shall be of a regular shape and shall contain straight lines that do not meander or jog.
            (h)   All existing buildings that are to remain on the lots following the Minor Land Division shall meet applicable zoning requirements regarding allowed uses and parking and shall comply with the setback requirements of the existing zoning district as measured from any parcel boundary being created by the Minor Land Division process.
            (i)   Any setback that was legally nonconforming prior to the Minor Land Division may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Minor Land Division.
            (j)   Any building not meeting the required setback that is to be partially or completely demolished or moved shall be either demolished or moved prior to the approval of the Minor Land Division.
            (k)   Any existing structures shall connect to public water and sewer lines prior to approval of the Minor Land Division.
            (l)   If required parking is provided by means of a permanent shared-parking agreement, a note on the face of the survey shall list the total required and provided parking for all parcels to which the shared parking provisions of the shared-parking agreement applies.
            (m)   When utilities cross land being divided, a utility easement shall be provided and indicated on the Record of Survey. If an easement is located in a proposed permanent structure construction area, the easement shall be vacated prior to the Planning Director's approval of the Minor Land Division; and
            (n)   All new parcels that abut the public right-of-way shall be improved with a sidewalk that complies with all applicable standards of this Code, including but not limited to those standards in Section 11-04-07, Access and Connectivity and Section 11-04-09.4, Street Frontage Landscaping. A curb and gutter and paved driveway apron that extends to the edge of street pavement shall also be required where applicable. All public right-of-way improvements, license agreements, and/or bonding shall be completed prior to the Planning Director's approval of the Minor Land Division.
            (o)   If the Boise Pathways Plan shows a pathway along or across any portion of any of the parcels to be created by the Minor Land Division, the required easement shall be dedicated to the public and indicated on the Record of Survey.
         (p)   All existing trees on site shall be protected during construction and trees planned for removal shall be mitigated in compliance with Section 11-04-09.8, Tree Preservation.
         (2)   Exceptions: Notwithstanding Subsection (1) above, if any of the following conditions are present, an application for Subdivision of Land shall be required pursuant to Section 11-04-04.4:
            (a)   The possibility for public or private streets that would provide greater connectivity to the area;
            (b)   Creating lots that will have incompatible setbacks to surrounding parcels (i.e. side yards adjacent to rear yards);
            (c)   The creation of multiple driveway access points on a collector or arterial roadway when a public or private street could avoid the situation;
            (d)   Creating a larger remnant parcel that could otherwise be included in an overall subdivision; and
            (e)   New property lines configured in a way that could create future setback or access issues.
   4.   Subdivision of Land:
      A.   Applicability: All divisions of land into parcels of one or more lots or tracts for development shall be required to complete the Subdivision of Land process, except:
         (1)   Divisions of land that are exempt from the Record of Survey and Subdivision of Land process pursuant to Section 11-04-04.2.B; or
         (2)   Divisions of land that are eligible to obtain a Record of Survey pursuant to Section 11-04-04.3.
      B.   General: No Building Permit for the construction of any new structure upon property within a proposed Subdivision of Land shall be issued until the Subdivision Plat has been recorded.
      C.   Design Standards: All Subdivisions of Land shall comply with the following standards unless Section 11-05-05.4.F, Subdivision Plat - Preliminary or another provision of this Code provide a different standard or requirement.
         (1)   Sensitive Lands: All Subdivisions of Land shall comply with the standards in Section 11-04-05, Sensitive Lands applicable during the subdivision process.
         (2)   Access and Connectivity:
            (a)   All Subdivisions of Land shall comply with the standards in Section 11-04-07.4, Access and Connectivity applicable during the subdivision process, including standards related to block layouts, maximum block dimensions, street and mobility networks, and perimeter access points.
            (b)    Partial street dedications shall not be permitted unless the street forms the boundary of the property being subdivided, the adjacent property is not under common ownership, and the street is anticipated to be a through street upon development of adjacent properties. All partial street dedications shall require construction of partial street Sections that meet Ada County Highway District (ACHD) standards.
      (3)   Common Drives: Common driveways shall only be permitted in unique circumstances where the configuration benefits the design of the development, reduces the number of public street access points, can accommodate the collection of all applicable types of solid waste in an organized and efficient manner, and does not impede pedestrian, bicycle, and vehicular travel within the public right-of-way. Common driveways may serve Single-Family Detached, Single-Family Attached, and Duplex Dwellings. Common driveways shall comply with the following standards:
         (a)   Access may be allowed to no more than six lots.
         (b)   The common drive shall be located within a common lot owned and maintained by the homeowner's association. A perpetual recorded ingress/egress access easement and an agreement for maintenance for the common driveway, sidewalks, and any required landscaping shall be recorded prior to issuance of Building Permits.
         (c)   The minimum pavement width, including required ribbon-curbing along each side, shall be 24 feet. The maximum length shall be 150 feet.
         (d)   Provide safe and effective movement of vehicular, pedestrian, and bicycle travel.
         (e)   Provide a 5-foot wide continuous, safe, and efficient pedestrian and bicycle facilities.
         (f)   "No parking" signs shall be placed on the common driveway. Required off-street parking shall be set back a minimum of 20 feet from the edge of the common driveway.
         (g)   Shall terminate in an appropriate turnaround as approved by the Fire Department.
         (h)   Lots that abut a common driveway shall take access from the common driveway and not the public right-of-way.
         (i)   All utility easements shall be within the common lot of the common driveway.
         (j)   Not adversely affect access to adjacent properties or the public transportation network.
         (k)   Not interfere or decrease public access to adjacent property or places of public interest.
         (l)   Not connect one public street to another, unless specifically approved by the Planning Director.
         (m)   Not interrupt the continuity of public streets or the public street network.
         (n)   Accommodate all driveway storm water runoff within a facility located in the common lot.
         (o)   Comply with the ACHD ISPWC (Idaho Standards for Public Works Construction) structural standards for streets, as shown on design and construction documents prepared and certified by a registered professional engineer.
         (4)    Block Numbering: Block numbers shall be designated as required by Idaho Code.
         (5)   Lot Layout:
            (a)   Dimensions: All lot areas, dimensions, and minimum street frontages shall comply with the standards in Section 11-04-03, Lot and Building Design and Dimensions for the zoning district in which the lot is located, unless otherwise provided in this Code.
            (b)   Double Frontage Lots: Double frontage lots are prohibited except where it is shown that unusual topography or other conditions make it impossible to meet this requirement. Lots with double frontage shall be limited to one street access on one frontage by a plat note.
            (c)   Landlocked Parcels: All parcels that do not have the required frontage or access shall be labeled "non-buildable" on the plat. Each such non-buildable parcel shall be required to have a pedestrian ingress and egress easement unless adequate street frontage exists for a pedestrian pathway.
            (d)   Building Envelopes: To address unique site conditions or constraints, the Planning Director may require that the plat indicate a building envelope within which primary structures may be constructed.
      D.   Utility and Pathway Easements:
         (1)   Easements shall be provided as required by the utilities, and other public services.
         (2)   City Council may require applicants to reserve permanent public use easements for public access pathways, or for future improvement and maintenance by the City or landowner or association. Any easement required under this Section may be used in conjunction with or as an alternative to a public pedestrian access requirement under Section 11-04-07.4.I, Pedestrian and Bicycle Connectivity and Circulation.
         (3)   Residential projects that may be included in a Subdivision of Land at a later date shall place utilities in a street or in easements parallel and next to the street unless the City approves an alternative location.
      E.   Subdivision Buffers Along an Arterial and Collector Street:
         (1)   Front Lot Line/Property lines:
            (a)   Frontage roads separated from a collector or arterial street (as adopted in the current Ada County Highways District Master Street Map) by a landscaped median at least 10 feet wide, are permitted with approval of ACHD. The median shall be planted with trees and shrubs that at maturity will form a solid screen at least six feet high and a continuous tree canopy.
            (b)   The front lot line/property line of a parcel may directly abut a collector or arterial street provided that an ACHD-approved alley is provided at the rear of such lots to provide direct lot access. Direct lot access to the collector or arterial is prohibited.
            (c)   A maximum of 4-residential dwelling units may utilize a single common drive to the collector or arterial.
         (2)   Side and Rear Lot Line/Property Lines:
            (a)   Except as described in Subsection (d) below, a non-buildable lot to contain required landscaped buffer areas shall be provided where single-family residential lots are adjacent to collector or arterial streets. If the creation of a non-buildable lot is impracticable, the Planning Director may authorize the creation of an easement to contain the required landscaping.
            (b)   The buffer shall be located outside of any planned future public right-of-way and outside the side and rear lines of each lot.
            (c)    The width of the buffer along arterial streets shall be a minimum of 30 feet. Along collector streets it shall be a minimum of 20 feet. The buffer shall be planted with trees and shrubs that at maturity will form a solid screen at least six feet high and provides a continuous tree canopy.
            (d)   As an exception to Subsections (a) and (b) above, if the Planning Director determines that the creation of a non-buildable lot is impracticable due to site or terrain conditions or utility locations, the Planning Director may approve the location of the buffer within one or more of the platted lots if:
               i.   In cases where the rear lot line/property line runs along an arterial or collector street, the depth of the lot is a minimum of 130 feet; and
               ii.   In cases where the side lot line/property line runs along an arterial or collector street, the width of the lot is a minimum of 80 feet
Figure 4.10. Buffer Easement within Buildable Lot
   5.   Required Improvements: All Subdivisions of Land shall be required to construct the following improvements and to comply with the requirements concerning those improvements, related land dedications, and other matters described in this Section 11-04-04.5.
      A.   Filing of Plans and Financial Surety:
         (1)   Plans for the required improvements shall be certified by a professional engineer registered in the State of Idaho, unless otherwise specifically approved by the applicable public agency.
         (2)   At or prior to the time of filing certification of the Final Plat, the applicant shall file with the Planning Director a form of financial security to secure the completion of the construction of required improvements not yet completed. All bonds or other guarantees shall be in the amount of 110 percent of the estimated cost of the improvement.
         (3)    The financial surety shall be valid for a period of at least one year in order to cover the expected period of construction. The City may allow an additional six month period for construction if the validity of the financial surety is extended to cover that six month extension, and the applicant pays all fees and costs to extend the surety and increases the amount of the surety to cover revised construction costs. Extensions of bond surety and construction time beyond this initial six month extension may be approved by the City Council upon a showing of undue hardship and the payment of all required fees.
         (4)   Improvement(s) installed by the applicant as a condition of platting shall require certification that the construction is in accordance with approved plans.
         (5)   After the completion of required improvements, the applicable public agency shall certify the completion and acceptance of those improvements in writing and shall transmit a copy of the certification to the applicant. Upon receipt of the certification, the City shall authorize release of the financial guarantee upon application.
      B.    Water Lines and Hydrants:
         (1)   In all Subdivisions of Land, the applicant shall provide central water lines and fire hydrants that comply with all applicable City, state, and other governmental regulations, unless an alternative form of water supply has been approved by City Council.
         (2)   Alternate provision for domestic water supply and fire protection may be approved by City Council if Council determines that the proposed alternative meets the standards of the City Fire Code, the Idaho Public Utilities Commission, the Idaho Department of Water Resources, and the Idaho Department of Health, and subject to any conditions imposed by City Council to protect public health, safety, and welfare.
      C.   Sanitary Sewer: In all Subdivisions of Land, the applicant shall provide sanitary sewers that comply with all applicable city, state, and other governmental and agency provider regulations. Plans and specifications shall be approved by the appropriate sewer entity prior to signing of the Final Plat by the City Engineer.
      D.   Drainage: In all Subdivisions of Land, the applicant shall provide storm drainage facilities that comply with all applicable City, state, and other governmental regulations, including without limitation ACHD design and review requirements related to storm drainage.
         (1)   All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. For purposes of this provision, the term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and that serve a relatively small area where runoff is infrequent.
         (2)   Relocation of natural swales is only permitted if the applicant meets applicable standards and regulations related to drainage hydraulics and ease of maintenance.
         (3)   The City Council may require the reservation of an easement along any stream or important surface drainage course located in a proposed Subdivision of Land for the purpose of widening, deepening, sloping, improving, or protecting the stream or drainage course.
      E.   Irrigation Conveyance:
         (1)   No ditch, pipe, or structure for delivery of irrigation water or for carrying irrigation wastewater shall be obstructed, rerouted, covered, or changed in any way unless it has been approved in writing by the authorized representative of the person(s) owning the water rights delivered or diverted by means of the ditch. The applicant shall be required to provide such written authorization to the City prior to approval of the Final Plat.
         (2)   Any covering or fencing program involving the distribution system of any irrigation district shall have the prior approval of the affected district.
         (3)   In the event the applicant cannot obtain a response for the modifications proposed from the authorized representative of the water entity, approval shall be assumed to be obtained if the following documents are submitted to the Planning Director:
            (a)   Copy of certified letter to the authorized representative along with documentation of receipt of letter. The letter to the authorized representative shall be accompanied by plans and shall request written approval forwarded to the Planning Director within 30 days of receipt.
            (b)   Letter from a registered professional engineer stating that the improvements and/or modifications to the ditch, lateral, canal, or drain will meet the provisions of Titles 31 and 42 of the Idaho Code, relating to requirements of delivery of water to downstream users.
      F.   Street Lighting: All applicants subdividing within the City limits shall be required to install street lights that comply with Public Works specifications and standards.
      G.   Access and Connectivity Improvements:
         (1)   The applicant shall construct those improvements required by Section 11-04-07, Access and Connectivity unless the City has approved in writing an alternative or adjustment of the requirement to construct such improvements.
         (2)   All public right-of-way improvements, license agreements, and/or bonding shall be completed prior to issuance of any Residential Certificate of Occupancy in the development.
      H.   Land Dedications:
         (1)   General:
            (a)   The applicant shall dedicate to the City, or to the entity responsible for providing the services listed in Sections 11-04-04.5.B through 11-04-04.5.G above, the land on which the facilities related to the provision of that service is located, unless the City or service provider entity requests that the applicant retain ownership of the land subject to a lease or other agreement allowing for the provision of the service.
            (b)   The dedication shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
         (2)   Park or School Sites: Whenever the applicant desires or proposes to reserve area for a school or public park, the area shall be shown on the Subdivision Plat, and the applicant shall provide documentation that the proposed site is acceptable to the school district and the City, as applicable. Written acceptance of the dedication of any proposed school site by the appropriate school entity, and written acceptance of any proposed park by the Boise Parks and Recreation Department, shall be received by the City Engineer prior to approval of the Final Plat.
      I.   Landscaping: Required landscaped areas shall be comply with the standards in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
      J.   Pressure Irrigation:
         (1)   Unless a Variance is obtained pursuant to Section 11-05-05.3.L, a pressurized individual lot irrigation system is required for any residential subdivision.
         (2)   Irrigation system maintenance and operation shall be provided by the irrigation district or canal company, a municipal irrigation district, a Homeowners' Association, or another entity capable of operating and maintaining a pressurized irrigation system.
      K.   Written Assurance:
         (1)   Written assurance that provisions have been made for ownership, operation, and maintenance of the system is required before the plat is signed by the City Engineer. Such assurance shall include a letter from an existing entity capable of owning, operating, and maintaining the system assuming responsibility for such operation and maintenance.
         (2)   If the system is to be owned, operated, and maintained by a Homeowners' Association, the applicant shall create binding covenants, conditions, and restrictions, approved by the City Attorney, providing for control, use, maintenance, and operation of the system.
      L.   Proof of Compliance: Prior to final approval of the Final Plat, the applicant shall provide proof of compliance with this Section and with Idaho Code, Section 31-3805(1)(b). (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-05: SENSITIVE LANDS:

   1.   Airport Influence Area Standards: All development within the Airport Influence Overlay district shall comply with the standards in Section 11-02-07.3.D, AI-O Airport Influence Area Overlay.
   2.   Boise River System Standards: All development within the Boise River System Overlay district shall comply with the standards in Section 11-02-07.3.E, BR-O: Boise River System Overlay.
   3.   Flood Hazard Standards: All development within the Flood Protection Overlay district shall comply with the flood hazard standards in Section 11-02-07.3.F, FP-O Flood Protection Overlay.
   4.   Hillside Development Standards: All development within the Hillside Development Overlay district shall comply with the standards in Section 11-02-07.3.G, HS-O: Hillside Development Overlay.
   5.   Wildland Urban Interface Standards: All development within the Wildland Urban Interface Overlay district shall comply with the standards in Section 11-02-07.3.H, WUI-O: Wildland Urban Interface Overlay.
   6.   Foothills Development Standards:
      A.   Purpose: The purpose of this Section 11-04-05.6 is to implement residential subdivision density and design elements of the Comprehensive Plan in the Foothills Planning Area. It is also designed to protect and promote preservation of contiguous areas of Foothills open space that contain important and significant natural and cultural resource values, as identified in the Comprehensive Plan and this Code.
      B.   Applicability:
         (1)   This Section 11-04-05.6 shall apply to all proposed developments in the Foothills Planning Area at the time an Annexation is proposed and/or a Zoning Map Amendment is requested.
         (2)   The standards of this Section 11-04-05.6 also apply to developments within the Hillside Development Overlay as described in Section 11-02-07.3.G, HS-O: Hillside Development Overlay.
      C.   General Requirements:
         (1)   In addition to application materials otherwise required for an annexation or rezoning, applications for development in the Foothills Planning Area shall include materials required for a Hillside and Foothill Areas Development Permit, and where applicable, a Floodplain Permit.
         (2)   Upon annexation the buildable areas shall be zoned as R-1A, and shall be required to comply with the provisions of this Section 11-04-05 .6, unless City Council determines that some buildable areas not including steep slopes or sensitive lands shall be zoned R-1B in return for the zoning of other A-1 for preservation as open space.
         (3)   Developments shall be required to connect to municipal water and sewer services and participate in other municipal service districts as applicable.
      D.   Permitted Development Densities:
         (1)   Additional Dwelling Units Permitted:
            (a)   In return for the preservation of open space, applicants shall be permitted to develop additional dwelling units beyond those permitted in the existing base zoning district(s) pursuant to the formula in Table 11-04.6 .
            (b)   These provisions do not increase the area of the site that may be developed, but increase the number of units that may be developed within the same buildable area. Additional dwelling units may be added to the density base units without the requirement for additional open space preservation.
            (c)   The number of additional dwelling units permitted is based upon the ratio of (i) buildable area to be preserved as open space to (ii) the buildable area to be developed.
            (d)   Additional dwelling units are allowed based on the percentage of built area occupied and open space dedicated as shown in Table 11-04.6 : Density Bonus Formula, provided that the formula is unchanged. If the numbers for the applicant's built area fall in between the numbers provided in the left-hand column, the density bonus will be calculated based on built area shown in the table that is closest to, but higher than, the applicant's built area. For example, if the applicants project has a built area equal to 73 percent of the site area, the density bonus will be based on the factors shown for a project with a built area equal to 75 percent.
            (e)   The density formula may be adjusted to allow density transfers from non-contiguous parcels after a Transfer of Development Rights (TDR) ordinance is in effect.
TABLE 11-04.6: DENSITY BONUS FORMULA
BUILT AREA (PERCENT)
OPEN SPACE DEDICATED (PERCENT)
DENSITY BONUS (UNITS/ACRE)
BUILDABLE AREA ON 100 ACRES AFTER OPEN SPACE SET- ASIDE (ACRES)
NUMBER OF BONUS UNITS
TABLE 11-04.6: DENSITY BONUS FORMULA
BUILT AREA (PERCENT)
OPEN SPACE DEDICATED (PERCENT)
DENSITY BONUS (UNITS/ACRE)
BUILDABLE AREA ON 100 ACRES AFTER OPEN SPACE SET- ASIDE (ACRES)
NUMBER OF BONUS UNITS
75
25
0.5
75.0
38
69
31
0.75
68.8
52
63
37
1.0
62.5
63
56
44
1.25
56.3
70
50
50
1.5
50.0
75
44
56
1.75
43.8
77
38
62
2.25
37.5
84
31
69
3.0
31.3
94
25
75
4.0
25.0
100
 
         (2)   Eligible Preserved Open Space:
            (a)   Preserved open space eligible for a density bonus based on Table 11-04.6 : Density Bonus Formula, shall comply with the following requirements:
               i.   The open space shall be classified as priority open space in Subsection (4) below.
               ii.   The open space shall be at least one acre in size and shall have an average width of at least 30 feet.
               iii.   The open space shall not have a slope greater than 25 percent.
            (b)   Public rights-of-way that connect development pockets and provide access to public open space may be included in the density calculation for open space.
            (c)   Roads within a development pocket and other public rights-of way that have dwelling units fronting or siding onto them shall not be included in density calculations for open space.
         (3)   Ineligible Preserved Open Space:
            (a)   The following shall not be considered as preserved open space in the density bonus calculation, except as may be provided in Subsection (4):
               i.   Urban development such as club houses, tennis courts, swimming pools, dirt bike tracks, golf driving ranges, and similar uses that dramatically alter land from its natural state; and
               ii.   Commercial land uses.
            (b)   Park sites internal to a subdivision or development may only be included as eligible open space when they are retained in a primarily natural condition and include a significant opening from the subdivision or development into a larger designated open space outside the subdivision or development.
         (4)   Priority Open Space:
            (a)   Some areas of the Foothills have a combination of characteristics that cause them to be considered worthy of special incentives for preservation, even if they do not meet those size, slope, or dimensional standards to qualify as open space eligible for a density bonus under Subsection (2) above. When these areas are identified on a property and proposed for preservation, the PZC may classify them as priority open space and allow all or a portion of them to qualify for the approval of additional dwelling units.
            (b)   General Eligibility Criteria: Priority open space shall include at least four of the following characteristics to be eligible for a density bonus:
               i.   Wetlands;
               ii.   Riparian areas;
               iii.   Rare plant communities;
               iv.   Critical deer and elk winter range and migration corridors;
               v.   Potential Public Preservation Sites as documented by the HPC;
               vi.   Unique geologic or visual features;
               vii.   Archeological or other historic sites;
               viii.   Designated trails and trailheads in the Ada County Ridge to Rivers Pathway Plan;
               ix.   Other public trails and trailheads as approved by the Parks and Recreation Board;
               x.   Areas adjacent to publicly held open spaces or areas that have been identified for consideration as permanent public open space; or
               xi.   Areas that have been dedicated to or acquired by a public agency through a discounted sale.
            (c)   Additional Criteria for Steeply Sloped or Fragmented Open Space
               i.   Preservation of priority open space in steeply sloped areas or in fragmented pieces shall only be eligible for approval of additional dwelling units if it meets the following criteria, as determined by the Planning and Zoning Commission after receiving input from the Idaho Department of Fish and Game, the Parks and Recreation Board, and other public agencies with expertise in the issue at hand in determining the proper amount to be allowed to be set aside in return for a density bonus.
                  A.   Public access is provided to the priority open space;
                  B.   The open space protects important vegetation, terrain, or scenic views and vistas that could be damaged or destroyed from an allowed use such as mining, logging, grazing, or construction of utilities or infrastructure;
                  C.   The open space links interspersed eligible areas into a more biologically complete and continuous wildlife corridor; or
                  D.   The open space is dedicated to or acquired by a public agency through a discounted sale.
               ii.    Links type golf courses may be permitted in designated preserved open space, provided that the intervening spaces are maintained in a primarily natural condition. Golf courses shall use native plants, and natural contours shall be left intact. Parking lots, club houses, driving ranges, maintenance facilities, and similar golf related uses shall not be counted as open space contributory to the density bonus. Designated trails and park sites shall be preserved in or around the golf course.
         (5)   Design Standards:
            (a)   General Standards:
               i.   Residential uses shall be clustered in development pockets rather than scattered throughout the property.
               ii.   Development pockets shall comply with design principles in the Comprehensive Plan concerning clustering, environmental protection, open space conservation, and scenic and aesthetic goals.
               iii.   Gated entrances are prohibited due to the potential for such limited access to restrict or delay emergency response.
               iv.   Designated open space shall be linked to the maximum extent practicable.
               v.   Disturbance of the land shall be minimized, and development shall be avoided in areas that would require excessive grading, cut, and fill.
               vi.   Road and trail access to adjacent properties shall be provided to prevent landlocked parcels or breaks in the trail systems, and to provide the opportunity for future connectivity.
               vii.   Roads and infrastructure shall not cross designated open space, floodways, wetlands, and areas of high wildlife habitat value to the maximum extent practicable.
            (b)   Standards for Trails: Trails that comply with the following design standards shall be provided as part of the subdivision or development.
               i.   The Ada County Ridge-To-Rivers Pathway Plan shall guide trail locations.
               ii.   Public access to trails within and contiguous to the development shall be provided, unless no contiguous or intersecting public trails exist or are proposed, in which case private trails may be established through the open space, provided that the design preserves the natural character and wildlife habitat value.
               iii.   Trail design shall preserve the natural scenic and wildlife habitat values to the maximum extent practicable.
               iv.   Public trails shall be secured through dedication, easement, or other such binding mechanism, and shall be shown on the Subdivision Plat.
            (c)   Standards for Preserved Open Space: Priority open space shall be preserved and managed to comply with the following standards.
               i.   Contiguous areas of open space within the development and adjacent properties shall be preserved by aligning them along common corridors to the extent possible.
               ii.   Indigenous plant species, except for noxious and invasive weeds, shall be maintained undisturbed to the extent possible.
               iii.   Areas of highest wildlife habitat value and migration corridors in designated wildlife habitat identified in the Comprehensive Plan shall be preserved.
               iv.   Unique geologic and historic features defined as heritage sites, and sites designated for historic preservation by city, state, and federal agencies shall be preserved.
               v.   Landslide areas and areas with unstable soils shall not be developed.
               vi.   Fencing shall not encroach into preserved open space.
               vii.   Agricultural or utility uses may be permitted in open spaces, including livestock grazing, community gardens, or irrigation ponds, and only including those buildings, structures, and necessary appurtenances required by those uses, such as dams and irrigation or drainage systems. These use exceptions shall comply with the policies of the Foothills Policy Plan, shall be shown on the site plan, and shall not degrade the value of the permanent open space.
               viii.   Fencing shall not encroach into preserved open space.
            (d)   Grading and Building Disturbance Envelopes:
               i.   Building envelopes may be required to be shown on the final site plan, and if required shall be recorded or referenced in the notes on the Final Plat.
               ii.   Slopes greater than 25 percent shall be shown on the Conditional Use Permit site plan with a disturbance envelope that defines the area outside of which no grading will be allowed.
         (6)   Ownership and Maintenance of Open Space:
            (a)   Open space areas may be owned and maintained:
               i.   By and for the use of the Homeowners' Association of the project of which it is a part;
               ii.   By any neighboring Homeowners' Association with abutting preserved open space;
               iii.   By an organization managing adjacent lands held as permanent open space and jointly maintained under a Development Agreement with the City;
               iv.   By the City, if the open space is dedicated or sold to the City after a recommendation of approval to accept such lands by the Board of Parks and Recreation, Planning and Zoning Commission, or other public agency, or a private land trust for open space uses, as noted in a Development Agreement approved by City Council; or
               v.   Through other open space preservation strategies under sole or joint ownership, such as deed restrictions, or conservation easements, as executed when approved by the City.
            (b)   Where the goals and policies of adopted plans specify the need for public trails or open space, easements for public lands or trails may be required. Trails or open spaces may be held in private ownership subject to an easement, or may be purchased by the City, or dedicated by the landowner(s) to the City.
            (c)   The City will accept no responsibility for the costs of maintenance of open space or recreational facilities unless the Board of Parks and Recreation, PZC, and the City Council specifically approve that responsibility in a written agreement. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-06: BUILDING DESIGN:

   1.   Purpose: The purpose of this Section 11-04-06 is to:
      A.   Provide standards that will help to reinforce existing and desired development patterns and building features intended to implement the Comprehensive Plan;
      B.   Design sites and orient buildings with an emphasis on character and creating a comfortable walking environment;
      C.   Design buildings that respond to the unique context of the site;
      D.   Reduce impacts to wildlife;
      E.   Promote original and distinctive building design; and
      F.   Incorporate sustainable development practices.
   2.   Applicability: The provisions of this Section 11-04-06 shall apply to all Multiple-Family, mixed-use, and nonresidential development listed in Section 11-04-02, Applicability, and as otherwise required in the Citywide and Downtown Design Standards and Guidelines.
   3.   Compliance with Additional Design Standards Required:
      A.   In addition to complying with the standards in this Section 11-04-06:
         (1)   All development shall comply with all other standards related to building and site design applicable to the zoning district in which the property is located, as listed in Sections 11-02-02 through 11-02-06 ; and
         (2)   All new Multiple-Family, mixed-use, and nonresidential development, including but not limited to Parking Garages shall comply with all other standards and mandatory content related to building design in the Citywide and Downtown Design Standards and Guidelines, as applicable in the area where the property is located.
         (3)   Residential uses with four or fewer units in a single structure are exempt from these standards.
      B.   In the event of a conflict between two or more standards in this Section 11-04-06, or between the standards in this Section 11-04-06 and applicable standards in the Citywide or Downtown Design Standards and Guidelines, the provision requiring the higher level of visual building quality and interest, as determined by the Planning Director, shall apply.
   4.    General Site and Building Design Standards:
      A.   Buildings and Parking Placement: In the Mixed-Use zoning districts, each primary building and each parking garage shall be located so that no surface parking lot or drive aisle is located between the street and the façade of the building. In the Industrial zoning districts, surface parking and drive aisles may be located between the street and the façade of the building, provided, the building is not placed more than 100 feet from the edge of the street and the parking area is adequately screened from the street.
      B.   Building Entrances:
         (1)   At least one pedestrian entry to each primary building shall be visible and directly accessible from at least one of the adjacent streets unless Subsection (3) below requires additional pedestrian entries or Subsection (4) below requires pedestrian entries in different locations.
         (2)   At least one pedestrian entry to each primary building shall be visible and directly accessible from any pathway designated on the Boise Pathways Master Plan that is located on the same lot or on an abutting lot.
         (3)   On each primary building frontage exceeding 100 feet in length that has a nonresidential ground floor use, at least one pedestrian entry to the building shall be visible and directly accessible from the street within each 50 horizontal feet of building length.
Figure 4.11. Building Entrance Requirements
         (4)   In districts with an established pattern of building entrances facing the street, new buildings shall be designed with entrances complying with the established pattern to the maximum extent practicable.
         (5)   Regardless of whether the entry is required by Subsections (1) through (3) above, each outward opening pedestrian entry facing a street shall be designed so that it does not encroach on or interfere with pedestrian passage along any designated sidewalk.
         (6)   Regardless of whether the entry is required by Subsections (1) through (3) above, each pedestrian entry that provides access to a primary building or parking lot, and that faces a street or a surface parking lot, shall incorporate a covered area providing weather protection to those entering or leaving the building. Each covered weather protection feature shall extend at least five horizontal feet outward from the façade of the building or be inset a minimum of five feet into the façade of the building. Weather protection may be accomplished by canopies, arcades, awnings, or other building features. Covered areas shall not drain onto sidewalks.
      C.   Façade Transparency:
         (1)   If the ground floor of the building is located within 10 feet of the sidewalk, at least 40 percent of the ground floor, street-facing façade between four and eight feet above the sidewalk, shall be transparent.
Figure 4.12. Street Frontage Transparency
         (2)   If the ground floor of the building is located between 10 and 20 feet from the sidewalk, at least 25 percent of the ground floor, street-facing façade between four and eight feet above the sidewalk shall be transparent.
         (3)   When the ground floor of the building is occupied by residential uses, at least 15 percent of the street-facing façade (all vertical surfaces generally facing the street) shall be transparent.
         (4)   Window glazing on the bottom two floors on street-facing façades of each primary building that does not provide visibility into residential dwelling units shall achieve a visible transmittance ratio (VT) of at least 0.60.
         (5)   At least 90 percent of the glazing of any building façade shall include features that enable birds to perceive the glass as a solid object using at least one of the following treatments:
            (a)   Non-reflective glass or window film that is opaque or translucent;
            (b)   External screens installed permanently over glass windows;
            (c)   Paned glass with mullions on the exterior of the glass;
            (d)   Glass covered with patterns (e.g., dots, stripes, images, abstract patterns. lettering), etched. fritted, stenciled, silkscreened, applied to the glass on films or decals, or another method of permanently incorporating the patterns into or onto the glass. Elements of the patterns shall be at least one-eighth (1/8) inch tall and separated no more than two inches vertically, at least one-quarter (1/4) inch wide and separated by no more than four inches horizontally; or
            (e)   Other glazing treatments providing an equivalent level of bird safety and approved by the Planning Director.
      D.   Building Façade Articulation: Each street-facing façade of a primary building shall be designed to avoid undifferentiated wall planes by dividing street-facing façade into a series of smaller horizontal and vertical components that comply with the following standards.
         (1)   Each street-facing façade shall incorporate at least three of the following elements within each 50 horizontal feet of the building façade:
            (a)   Use of vertical piers or columns;
            (b)   Change in building material or siding style;
            (c)   Providing vertical building modulation of at least 12 inches in depth;
            (d)   Projections, recessions, or reveals that include but not limited to, columns, pilasters, cornices, and bays, and having a change of wall plane that is a minimum of 12 inches in depth;
            (e)   A change in building material, siding style, or color; and/or
            (f)   Other methods as approved by the Planning Director.
         (2)   In the Industrial zoning districts, each street-facing façade shall follow what is required in the Citywide Design Review Standards and Guidelines.
   5.    Zone-Specific Building Design Standards:
      A.   Applicability:
         (1)   All uses listed in Table 11-03.1: Table of Allowed Uses, as an Allowed Use shall comply with the following Zone-Specific Standards, as applicable to the zoning district in which the property is located. In the event of a conflict between these standards and applicable standards in Chapter 11-02, Zoning Districts or in Subsections 3 or 4 above, the standards in this Subsection 5 shall apply.
         (2)   If an application for an allowed use does not comply with one or more of the Allowed Zone-Specific Standards in this Section 11-04-09.5, an Alternative Zone-Specific Standard for the building or development containing the use may be approved by the Planning Commission pursuant to Section 11-05-05.3.A, Allowed Use with Alternative Zone-Specific Standards.
         (3)   These standards shall apply to all new construction or site redevelopments that result in the expansion and alteration of the gross floor area of an existing primary building by 50 percent or more.
      B.   Uses Located in the MX-1 District:
         (1)   The use shall be located in a building at least two stories in height; or
         (2)   The use shall be located in a building or development containing at least two different uses listed in Table 11-03.1 : Table of Allowed Uses;
      C.   Uses Located in the MX-3 District:
         (1)   The use shall be located in a building at least four stories in height; and
         (2)   The use shall not provide a greater number of vehicle parking spaces than the minimum required by Section 11-04-08.5 Minimum and Maximum Off-Street Parking Standards, as adjusted pursuant to Section 11-04-08.7, Parking Adjustments.
         (3)   As an alternative to Subsection (2) above, a Multiple-Family Dwelling may meet the requirements of Section 11-04-03.7.D(4) regarding affordable housing and sustainable development and earn the related incentives.
      D.   Uses Located in the MX-4 District:
         (1)   The use shall be located in a building at least four stories in height;
         (2)   The use shall be located in a building or development that does not include a surface Parking Lot;
         (3)   The use shall be located in a building or development that does not include a Parking Garage with a greater number of vehicle parking spaces than the minimum required by Section 11-04-08.5, Minimum and Maximum Off-Street Parking Standards, as adjusted pursuant to Section 11-04-08.7, Parking Adjustments; and
         (4)   The use shall be located in a building where at least 80 percent of the ground floor street frontage is occupied by uses that are in active use by occupants or users of the building or development, or by the general public. This requirement is not met by ground floor parking areas, storage areas, utility facilities, or stairwells that are not accessible from the street frontage.
         (5)   As an alternative to Subsections (2), (3), and (4) above a Multiple-Family Dwelling may meet the requirements of Section 11-04-03.7.D(5) regarding affordable housing and sustainable development and earn the related incentives.
      E.   Uses Located in the MX-5 District:
         (1)   The use shall be located in a building at least four stories in height;
         (2)   The use or development shall not include a Surface Parking Lot outside of the building footprint; and
         (3)   The use shall be located in a building where at least 80 percent of the ground floor street frontage is occupied by uses that are in active use by occupants or users of the building or development, or by the general public. This requirement is not met by ground floor parking areas, storage areas, utility facilities, or stairwells that are not accessible from the street frontage. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-07: ACCESS AND CONNECTIVITY:

   1.   Purpose: The purpose of this Section 11-04-07 is to support the City's mobility and climate goals by providing comfortable walking, cycling, transit and other active modes of transportation in new development and the redevelopment of property.
   2.   Applicability: Unless otherwise stated in this Code, all development of vacant land, all construction of new structures, all modification of existing structures, and the Subdivision of Land, and developments on parcels shall comply with the standards of this Section 11-04-07.
   3.   General:
      A.   Compliance with Life Safety Regulations: In addition to all other provisions of this Section 11-04-07, all developments shall comply with all applicable regulations and ordinances for fire protection, emergency vehicle access, and life safety adopted by the City, including those that may limit the number of residential dwelling units relying on a limited number of vehicle access points. If there is a conflict between the requirements of this Section and life safety standards, the Planning Director in consultation with the Ada County Highway District (ACHD) and the Idaho Transportation Department shall determine which standard shall apply.
      B.   Americans with Disabilities Act:
         (1)   Compliance with the Americans with Disabilities Act ("ADA") and other federal and state accessibility laws is the sole responsibility of the property owner. Compliance with this Code does not assure compliance with the ADA or any other federal or state accessibility laws or any regulations or guidelines enacted or promulgated under or with respect to such laws. The city is not responsible for enforcement of the ADA or any other federal or state accessibility laws.
         (2)    All development shall comply with accessibility requirements based on the most recent version of the applicable Building Code adopted by the City of Boise and the International Code Council, or any future update of that document adopted by Boise City.
         (3)   Where a project develops or redevelops property in the MX-5 district with street frontage adjacent to one or more of the City's ADA accessible on-street existing or planned parking spaces, the applicant shall reconstruct the curb to include an ADA compliant pedestrian access ramp from the street level to the sidewalk along each such frontage. The design shall comply with the federal Public Right-of-Way Accessibility (PROWAG) Guidelines to the maximum extent practicable. The map of ADA accessible on-street parking spaces is available on the City's website.
      C.   Compliance with Solid Waste Ordinance and Solid Waste Design Standards: All developments shall comply with all applicable regulations, ordinances, and design standards for solid waste adopted by the City, including specifics around site design and solid waste service. All designs shall include measures to protect pedestrians and bicyclists to the maximum extent practicable. If there is a conflict between the requirements of this Section and solid waste design standards, the Planning Director in consultation with the Director of Public Works shall determine which standard shall apply.
   4.   Design Standards:
      A.   Purpose: The intent of this Section 11-04-07.4 is to ensure that streets shall be designed to:
         (1)   Provide safe and convenient access for bicyclists, pedestrians, and vehicles to and from perimeter streets, parks, schools, public transit facilities, public and private institutions to the maximum extent practicable.
         (2)   Provide safe and convenient access for bicyclists and pedestrians to and from existing and proposed pathways and trails existing or designated on a Subdivision Plat, the Boise Pathways Master Plan, or other adopted City or ACHD plans.
         (3)    Accommodate safe, convenient, and comfortable pedestrian and bicycle travel on streets and pathways in cases where the street network cannot be designed to accommodate pedestrian, or bicycle travel due to soil, topography, easement, or other constraints.
         (4)   Except for designated collector and arterial streets, allow individuals traveling within a development or subdivision, and to and from properties adjacent to that land, without accessing the collector or arterial street network.
         (5)   Incorporate traffic calming strategies, including but not limited to curb extensions, median islands, speed bumps, chicanes, traffic filters, and neighborhood traffic circles, into street networks to the maximum extent practicable. Traffic calming devices that can significantly impede the response of or possibly damage emergency vehicles and equipment, such as speed bumps are not allowed.
      B.   Public Streets:
         (1)   General: Public streets shall be accepted, dedicated to, and owned by the Ada County Highway District (ACHD), Idaho Department of Transportation, or other governmental or quasi-governmental entity.
         (2)   Street Design:
            (a)   The design of all streets shall conform to requirements established by the National Association of City Transportation Officials (NACTO), ACHD, and the Idaho Transportation Department. Where there is a conflict in the standards, the City will require the design that achieves the highest level of safety and comfort.
            (b)   Street intersections in residential areas shall create a 90 degree intersection to the maximum extent practicable.
         (3)   Street Grades: Street grades shall comply with applicable ACHD and adopted fire safety standards.
         (4)   Dead-End Streets:
            (a)   Dead-end streets shall not be permitted, except streets temporarily terminating at the boundary of a subdivision may be allowed when ACHD or City Council determines the extension of the street is necessary for the proper development of the street pattern. An approved turnaround shall be required at the terminus of all temporary and permanent dead-end streets. A sign indicating the street is planned to be extended in the future will be installed at the end of the street.
            (b)   A paved hammerhead turnaround 15 feet wide and 50 feet long may be required in cases where lots are not accessible for solid waste collection vehicles to turn around completely.
         (5)   Street Names: Street names shall be approved by the Ada County Land Records Division.
         (6)   Street Access:
            (a)   Each lot shall have direct access to a public street or alley that has been improved to applicable street standards and has been dedicated to and accepted by the Ada County Highway District or shall have access to a private street that has been improved to applicable City private street standards.
            (b)   If alley access to individual lots is available, access points from that lot to an abutting street shall be prohibited unless the Planning Director determines the use of the alley access is impracticable due to the nature or operating characteristics of the proposed use on the lot.
            (c)   Where alley access is not available or use of alley access is impracticable, each existing parcel shall be allowed one access point, however the Planning Director in consultation with the Ada County Highway District (ACHD) and/or the Idaho Transportation Department may allow a second access point in unusual circumstances. Street access points between abutting parcels shall be consolidated and shared to the maximum extent practicable.
            (d)   Where alley access is not available and a lot has frontage on two or more streets, a single street access point shall be located on the street with the lowest traffic volume to the maximum extent practicable, unless the Planning Director determines that the access point on the street with the lowest traffic volume will adversely impact planned and existing pedestrian and bicycle facilities. The Planning Director in consultation with the Ada County Highway District (ACHD) and/or the Idaho Transportation Department may allow a second access point in unusual circumstances.
         (7)   Gated Streets, Driveways, and/or Subdivisions:
            (a)   After the Effective Date, the use of access control gates that restrict access to new or existing developments in any Residential or Mixed-Use zoning district or any portion of a Planned Unit Development, is prohibited.
            (b)   Gates are permitted to be installed for security purposes in the Industrial or Open Lands zoning districts provided they are set back at least 30 feet from the public right-of-way line.
         (8)   Insufficient Roadway Width: When shorter segments of curb and gutter improvements are not feasible as determined by the Planning Director, a substitute physical demarcation or barrier shall be installed to provide a clear boundary between required landscaping and orderly, parallel, on-street parking, and to accommodate storm drainage. An approved barrier such as ribbon curbing with vertical landscaping, low fencing, or other approved means shall be installed to ensure the public right-of-way does not become an area that is unmaintained and, if feasible, allows for on-street parking
Figure 4.13. Insufficient Roadway Width Barrier Requirement
      C.   Private Streets:
         (1)   General: Private streets are strongly discouraged and shall only be permitted when approved by the Planning Director based on unique circumstances that make the construction and dedication of public streets impracticable. When approved by the Planning Director, private streets shall comply with standards in Subsection B, above and shall be located and designed to:
            (a)   Provide safe, convenient, and comfortable movement of vehicular, bicycle and pedestrian travel;
            (b)   Not adversely affect access to adjacent properties or the public transportation network;
            (c)   Not interfere with or decrease public access to adjacent property or places of public interest;
            (d)   Not connect one public street to another, unless otherwise approved by the Planning Director;
            (e)   Not interrupt the continuity of public streets or the public street network; and
            (f)   Comply with the ACHD structural standards for streets, as shown on design and construction documents prepared and certified by a registered professional engineer.
         (2)   Single-Family-Detached/Single-Family Attached/Duplex Residential
            (a)   Private streets are permitted in Single-Family Detached, Single-Family Attached, and Duplex Dwelling developments, provided they comply with the general requirements in Subsection (1) above and:
               i.   The parcel shape or site topography will not allow the street design to meet ACHD width standards for public streets; or
               ii.   Compliance with ACHD public street standards is in conflict with the intent of minimizing disruption to vegetation or other topographical elements required by Section 11-02-07.3.G, HS-O: Hillside Development Overlay.
            (b)   Private streets shall comply with the standards in Table 11-04.7 .
 
TABLE 11-04.7: PRIVATE RESIDENTIAL STREET STANDARDS: SINGLE-FAMILY DETACHED, SINGLE-FAMILY ATTACHED, DUPLEX
NUMBER OF RESIDENTIAL LOTS VS. STREET LENGTH
MINIMUM RIGHT-OF-WAY WIDTH (FEET)
STREET WIDTH BACK OF CURB TO BACK OF CURB (FEET)
DETACHED SIDEWALK REQUIRED BOTH SIDES
DETACHED SIDEWALK EASEMENT ALLOWED
Up to 3 lots w/ length less than 200 feet
24
24
Yes
Yes [1]
Up to 3 lots w/ length greater than 200 feet
28 (24 for the final 200 feet)
28/24
Yes
Yes [1]
4 or more lots w/ length less than 200 feet
24
24
Yes
Yes [1]
4 or more lots w/ length greater than 200 feet
28 (24 for the final 200 feet)
28/24
Yes
Yes [1]
Notes:
[1]   Setback requirements shall be from the back of sidewalk.
 
      D.   Alleys - Public: Alleys are subject to the following standards:
         (1)   The minimum alley width for a one-way alley shall be 12 feet.
         (2)   The minimum alley width for a two-way alley shall be 20 feet.
         (3)   Alley construction shall meet ACHD standards.
      E.   Cul-de-Sacs:
         (1)   Cul-de-sacs shall be avoided to the maximum extent practicable and shall only be permitted when unusual terrain or site conditions prevent a through street connection.
         (2)    Where permitted, cul-de-sacs shall connect to the closest local, collector, or arterial street, to adjacent cul-de-sacs, or to any adjacent existing or proposed public open space, park, pathway, trail or school with a pedestrian easement or public right-of-way at least 15 feet in width shown on the Subdivision Plat, unless deemed impracticable by the Planning Director.
Figure 4.14. Cul-de-Sac Design
      F.   Block Size and Design: Where a Subdivision Plat includes streets in a Residential or Mixed-Use zoning district, the dimensions of each new block created shall meet the following standards to the maximum extent practicable in light of topographic conditions.
         (1)   The length of new blocks created shall not exceed 330 feet in width and 660 feet in length.
         (2)   Each block shall be bordered by public or private streets meeting the requirements of this Section 11-04-07.4 and with all applicable Ada County Highway District technical requirements.
         (3)   The Planning Director may adjust the standard in Subsection (1) above if the Planning Director determines that a larger perimeter is necessary because of constraints or unusual terrain or site conditions that make it impracticable to design blocks of this size, and that the reduced internal vehicle, bicycle, and pedestrian circulation caused by the larger block perimeter have been mitigated to the maximum extent practicable.
      G.    Cross-Access between Adjacent Mixed-Use and Nonresidential Uses: All development or redevelopment in Mixed-Use, Industrial, or Open Land zoning districts shall comply with the following standards.
         (1)   To the maximum extent practicable, each lot layout shall be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access points to a street. This may be established by one or more of the following:
            (a)   Connecting streets and driveways;
            (b)   Coordinating parking lot and parking structure entrances;
            (c)   Common service/delivery areas;
            (d)   Legally shared parking lots and parking structures;
            (e)   Linkages between parking lots and parking structures; or
            (f)   Providing shared access for two adjacent lots from public rights-of-way to minimize driveways.
         (2)    When cross-access is deemed impractical by the Planning Director on the basis of topography, the presence of natural features, or vehicular, bicycle and/or pedestrian safety, this requirement may be waived provided that appropriate bicycle and pedestrian connections are provided between adjacent Multiple-Family, mixed-use or nonresidential developments or land uses.
      H.   Transit Stops:
         (1)   Where an adopted plan of the City or a transit agency recognized by the City identifies a future transit stop location, no permanent or temporary structure, or utilities that are not transit supportive shall be located in any portion of the site identified for that transit stop, or for access points or parking facilities required by this Code. Transit footings or structures shall be installed at the time of development of the site to the maximum extent practicable.
         (2)   Use of those portions of the site shall be limited to a transit stop, required landscaping, buffering, and open space until arrangements for the dedication or acquisition of that portion of the site for transit stop purposes is finalized, or until the City or the transit agency that designated the location indicates in writing that it is no longer needed for transit stop purposes.
      I.   Pedestrian and Bicycle Connectivity and Circulation: All development and redevelopment shall comply with the following standards to the maximum extent practicable. In the event of a conflict between these standards and those in another provision of this Code, the standard requiring the greater level of connectivity shall apply.
         (1)   Sidewalks and Pedestrian Facilities: Unless otherwise required by specific standards applicable to the Residential and Mixed-Use zoning district, by the Boise Pathways Master Plan or other adopted plan, or standard adopted by the City:
            (a)   All sidewalks shall be a minimum of five feet wide. A minimum of 10 foot wide sidewalks shall be provided and constructed within a development if the Planning Director deems the access is beneficial to provide pedestrian and bicycle access to schools, playgrounds, shopping areas, transportation, or other community facilities.
            (b)    Detached sidewalks shall be required on both sides of all arterial and collector streets identified within the current ACHD Master Street Map. Detached sidewalks shall be required on both sides of all local streets (public and private), including cul-de-sacs. The Planning Director may allow attached sidewalks on local streets when it has been determined detached sidewalks are unable to be constructed due to unusual terrain, site conditions, utility conditions, or other circumstances that make the provision of detached sidewalks impracticable.
            (c)   When sidewalks are separated from the curb line, a minimum distance of eight to 10 feet or within an approved suspended pavement system is required to accommodate buffering and street trees required by Section 11-04-09.4, Street Frontage Landscaping shall be provided.
            (d)   Sidewalks internal to developments shall be a minimum of five feet wide and shall be separated from vehicular areas (including but not limited to parking spaces, driveways, and drive aisles) by a vertical barrier such as curb, bollards or other means approved by the Planning Director. Any mailboxes, signs, utility equipment, vertical structures or other items located within or near any sidewalk shall be located in an area that preserves a five-foot clear horizontal passageway and an 80-inch vertical clearance below any items projecting from the building façade for pedestrians at all points on the sidewalk.
Figure 4.15. Limits of Protruding Objects
         (2)    Bikeways: Designated bicycle lanes and/or multi-use pathways are required in the design of all arterial, collector, and local streets as shown in the network maps included in the ACHD Roadways to Bikeways Plan, Boise Pathways Master Plan, Ada County Ridge-to-Rivers Trails Plan, and other adopted City or ACHD plans. In the event of a conflict between one or more plans, the Planning Director shall determine which network map and design standard shall apply.
         (3)   Multi-Use Pathways: Multi-use pathways, separated from motor vehicle traffic, are required where indicated on the Boise Pathways Master Plan, Ada County Ridge-to-Rivers Trails Plan, or other plans adopted by the City. The land or public easement to accommodate such pathways shall be dedicated to the appropriate entity, such as the City, Idaho Transportation Department, ACHD, or in some unique cases the Homeowners Association (HOA).
         (4)    Connection to Sidewalks, Bikeways, and Multi-Use Pathways: Each extension or connection of a street or public right-of-way to an abutting property, street, or public right-of-way shall include the extension or connection of associated bikeways, sidewalks, multi-use pathways, or trails.
         (5)   Consent of Irrigation Easement Holder: If one or more pedestrian walkway, pathway, or bicycle facility required by this Code is proposed to be located within or across an irrigation easement, the applicant shall coordinate with the irrigation company to determine if the facility can be built within the irrigation easement. If the irrigation company does not allow the facility to be built within the easement, it is the responsibility of the applicant to identify another location within the applicant's control for the facility or crossing that will not prevent the facility from connecting to similar improvements on adjacent properties.
         (6)    Design Standards: The design of all sidewalks, bikeways, and multi-use paths shall comply with all requirements in the relevant adopted City plan, ACHD plan, or technical manual such as NACTO and shall integrate with the design standards of the improvements on the adjacent development to ensure a safe, continuous, and comprehensive travel network. Where there is a conflict in the standards, the City will require the design that achieves the highest level of safety and comfort.
      J.   General Ingress and Egress:
         (1)   Driveways:
            (a)   Where lots/parcels are adjacent to an alley, all access to developments, parking areas, and parking garages shall be from the alley rather than from driveways leading to a street abutting the lot/parcel.
            (b)   Except as stated in Subsection (a) above, driveways providing reasonable access to required private or public parking areas, including garages, may extend through the front or street side setback in a perpendicular manner provided they comply with Section 11-04-07.4.J(2), below.
            (c)   Except as stated in Subsection (a) above, driveways that extend through the setback in other than a perpendicular manner may be approved due to physical limitations of the site or for safety purposes. The Planning Director may approve such driveways upon a determination that:
               i.   The driveway is required to enhance the natural elements of the site such as preserving existing trees; or
               ii.   The driveway is required for safety reasons such as avoiding backing into a collector or arterial street or a street with limited motorist visibility.
            (d)   A driveway for a Single-Family Detached Dwelling or a Duplex Dwelling shall be a minimum of nine feet in width and shall not exceed 30 feet in width for each unit unless a different maximum width is permitted or required by another provision of this Code or an adopted City standard.
Figure 4.16. Driveway Width
            (e)    All driveways shall be a minimum of 50-feet from an intersection of all streets. Under unusual circumstances that do not create safety hazards, the Director may waive this requirement.
            (f)   Circular driveways are prohibited unless specifically approved by the Planning Director based on considerations of safety.
            (g)   A paved hammerhead turnaround 15 feet wide and 50 feet long may be required in cases where lot(s) are not accessible for solid waste collection vehicles to turn around completely.
         (2)   Service Drives:
            (a)   Applicability: Service drives may be used to provide access to commercial or Multiple-Family parking lots and spaces, loading spaces, drive-up windows, or other areas that need a provision of access.
            (b)   Standards:
               i.   Service drives shall not intersect the street where they will impede an abutting property from having access to at least one street, or where compliance with applicable intersection and driveways would interrupt the continuity of public streets.
               ii.   Service drives shall not encourage or promote pass through between public or private streets, unless specifically approved by the Planning Director, based on considerations of bicycle, pedestrian, or traffic safety.
               iii.   Service drives shall intersect a street at a 90 degree angle, unless otherwise approved by the City and the Ada County Highway District.
               iv.   Each service drive identified as a fire access drive shall comply with all applicable Fire Department standards.
               v.   A paved hammerhead turnaround 15 feet wide and 50 feet long may be required in cases where lots/parcels are not accessible for solid waste collection vehicles to turn around completely.
            (c)   Widths:
               i.   One-way service drives without parking on either side shall be a minimum of 10 feet wide. Two-way service drives without parking on either side shall be a minimum of 20 feet wide.
               ii.   The width of a service drive at the point where it intersects a street shall be a minimum of 10 feet in width if the street is limited to one-way traffic, or a minimum of 20 feet in width if the street accommodates two-way traffic.
               iii.   The width of a service drive at the point where it intersects a street shall not exceed a maximum of 36-feet for Multiple-Family, commercial or mixed-use developments and a maximum of 40-feet for industrial developments.
               iv.   The width between building appurtenances such as carport overhangs shall be a minimum of 24 feet.
Figure 4.17. Service Drive Width
               v.   Where a service drive provides perpendicular access to a parking space or a garage, the parking space or garage shall be set back from the service drive so that the combined distance of the service drive width and the garage or parking space is a minimum of 22 feet.
Figure 4.18. Garage Setback from Service Drive
            (d)   Grade: Maximum grade for service drives shall be 10 percent unless a steeper grade is specifically approved by the Fire Code Official. A maximum grade of two percent, unless specifically approved by the ACHD, shall be required for the initial 80 feet from the intersecting curb to provide a landing at the junction of the service drive and the public right-of-way.
      K.   Mixed-Use, Industrial, and Open Land Districts Vehicular Circulation: In the Mixed-Use, Industrial, and Open Land zoning districts, access to lots located on arterial and collector streets as depicted on the ACHD Master Street Map shall meet the requirements below.
         (1)   Access points shall be oriented at right angles to the street.
         (2)   Access points shall be minimized and located a minimum of 50 feet from each other, or meet ACHD requirements, whichever is more restrictive.
         (3)   Access points shall be located at least 50 feet from any intersecting public street right-of-way.
         (4)    Individual driveways intersecting the street within the front setback shall not exceed a width of 40 feet and shall be separated from other driveways by a landscaped area with a minimum width of 10 feet from an adjacent property line, except where one shared driveway can be established or is planned to serve both the subject property and the adjacent property.
         (5)   Primary circulation and access points shall be oriented toward the abutting street with the lowest traffic volumes to the maximum extent practicable unless the Planning Director determines that the access point on the street with the lowest traffic volume will adversely impact planned and existing pedestrian and bicycle facilities.
         (6)   Driveways or service drives that allow all turning movements shall be aligned with one another on arterial, collector and local streets to contribute to a safe and efficient circulation pattern.
      L.   Pedestrian Access and Connectivity:
         (1)   Required Connections: All parcels that contain a Multiple-Family and nonresidential use, shall provide the following pedestrian connections, as applicable:
            (a)   A safe, convenient, and accessible pedestrian connection from the main entrance of a building to a public sidewalk and/or internal walkway that connects to a public sidewalk.
            (b)   Connections between internal and perimeter sidewalks at a maximum interval of 1,320 feet along the perimeter street.
            (c)   Sidewalks between the principal entrance of each building in a development containing more than one building.
            (d)   Connections to any sidewalks on adjacent properties that extend to the boundaries of such properties. Multiple pedestrian connections between adjacent developments shall be provided to the maximum extent practicable.
            (e)   Connections to community facilities on site, including, but not limited to, trash collection areas, mail collection facilities, bicycle parking and site amenities.
            (f)   Connections to any adjacent park, trail, or transit stop.
            (g)   On-site pedestrian connections may be located within the required setbacks provided that the requirements of Section 11-04-09.5, Site Perimeter Buffers are met and a minimum of 5-feet is provided from the property line.
         (2)   Standards for Pedestrian Connections:
            (a)   Each site shall include detached sidewalks at least five feet wide, on both sides of each abutting street, unless otherwise specified by district-specific requirements for the Mixed-Use zoning districts, or as otherwise required by the Boise Pathways Master Plan or other plan adopted by the City or ACHD. All sidewalks shall be sited and illuminated appropriately to provide safe passage and observation of the pathway route.
            (b)   Mixed-use development and Multiple-Family Dwellings within one-quarter mile radius of a transit stop shall include a direct, on-site pedestrian connection to the transit station to the maximum extent practicable. If that is not practicable, a direct pedestrian connection to a public sidewalk leading to the nearest transit station with signage directing pedestrians the station shall be provided on site.
            (c)    At each point where a sidewalk shall cross a parking lot, service drive, internal street, or driveway, it shall be clearly marked using retroreflective painted lines, a change in color, change in materials, change in elevation, or some combination of those techniques, some of which are illustrated in Figure 4.19 , below.
Figure 4.19. Options for Required Pedestrian Crossings
   5.   Compliance with Design Standards:
      A.   In addition to the standards required by this Section 11-04-07, all Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the standards and other mandatory content in the Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines, as applicable in the area where the property is located.
      B.   In the event of a conflict between the standards in this Section 11-04-07 and applicable standards in the Citywide or Downtown Design Standards and Guidelines, the provision requiring the higher level of safety and visual building quality and interest, as determined by the Planning Director, shall apply. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-08: PARKING AND LOADING:

   1.   Purpose: The purpose of this Section 11-04-08 is to establish standards for vehicle and bicycle parking, on-site circulation, loading areas, and parking lot design to protect the public health, safety, and general welfare by:
      A.   Providing necessary access for service and emergency vehicles;
      B.   Providing for safe, convenient, and comfortable interactions between motor vehicles, non-motorized vehicles, bicyclists, and pedestrians;
      C.   Encouraging active transportation options and enhanced pedestrian safety;
      D.   Encouraging emission free vehicles;
      E.   Providing flexibility to respond to the transportation, access, and loading impacts of various land uses in different areas of the city;
      F.   Reducing stormwater runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution;
      G.   Mitigating traffic congestion; and
      H.   Mitigating the visual impact of large expanses of exposed parking.
   2.   Applicability:
      A.   Generally: Unless otherwise stated in this Code, the standards in this Section 11-04-08 shall apply to all uses in all zoning districts.
      B.   Exceptions:
         (1)   The MX-5 zoning district is exempt from the requirement to provide off-street parking spaces, but any parking spaces provided shall comply with all other standards in this Section 11-04-08.
         (2)   Structured parking facilities shall be exempt from maximum parking limits.
   3.   General Parking Standards:
      A.   Use of Parking Areas:
         (1)   Required off-street parking facilities shall be used for vehicle parking only. Vehicle sales, rental and leasing, storage, repair, and other uses are prohibited, except for approved temporary and/or seasonal uses.
         (2)   No property owner or operator may designate any on-street parking space for the use of a specific establishment, and no property owner or operator may limit the use of any on-street parking space by the general public by using the parking space for the operation of a valet parking service, without the prior written consent of the City.
      B.   Parking and Loading Calculations:
         (1)   All square footage-based parking and loading requirements shall be computed based on the gross floor area of the subject use or structure, unless otherwise specified.
         (2)   Parking spaces designed or designated exclusively for two-wheeled vehicles such as motorcycles and scooters shall not be included in the calculation of minimum or maximum vehicle parking requirements. However, a reduction in the minimum number of parking spaces is allowed in accordance with Subsection 11-04-08.7.C when two-wheeled vehicle parking spaces are provided.
         (3)   Lots containing more than one use shall provide parking and loading based on the shared parking calculations in Section 11-04-08.7.B, Shared Parking Facility Reduction.
      C.   Reductions of Existing Parking: Off-street parking or loading spaces existing on the Effective Date shall not be permanently reduced in a way that would bring the property out of conformance with this Section 11-04-08 or would increase the degree of existing nonconformity with the provisions of this Section 11-04-08.
      D.   Parking for Unlisted Uses: The Planning Director shall determine the required parking for uses not listed in Table 11-04.9 : Off-Street Parking Requirements, based on expected volume of activity on the site, the level of congestion on surrounding streets, proximity to Residential zoning districts, and the factors listed in Section 11-03-01 .7, Classification of New and Unlisted Uses.
   4.    Accessible Parking: All development that provides on-site vehicle parking spaces shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) and the applicable Building Code adopted by the City of Boise, and the standards in this Section 11-04-08.3. If the standards in this Section 11-04-08.3 conflict with the requirements of the ADA or IBC, the requirements of the ADA or IBC shall apply.
      A.   Amount of Accessible Parking Required:
         (1)    All development shall provide at least the following number of accessible parking spaces, unless a different number is required by Subsections (2) or (3) below:
TABLE 11-04.8: REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES
TOTAL PARKING SPACES IN LOT OR GARAGE
MINIMUM NUMBER OF ACCESSIBLE SPACES
TABLE 11-04.8: REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES
TOTAL PARKING SPACES IN LOT OR GARAGE
MINIMUM NUMBER OF ACCESSIBLE SPACES
1 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101 - 150
5
151 - 200
6
201 - 300
7
301 - 400
8
401 - 500
9
501 - 1,000
2% of the spaces provided
1,001 and over
20 plus 1 for each 100 over 1,000
 
         (2)   All outpatient and other facilities providing medical care and other services for persons with mobility impairments shall provide accessible spaces that are equal to 20 percent of the number of required parking.
         (3)   All commercial and industrial developments as well as all residential developments that contain four or more units shall provide a minimum of one on-site accessible parking space.
      B.   Additional Requirements:
         (1)   Valet parking facilities shall provide a passenger loading zone located on an accessible route to the entrance of the facility.
         (2)   Accessible parking spaces shall not contain slopes in excess of two percent and shall not require access involving steps to or from abutting pedestrian walkways.
         (3)   Accessible spaces shall be located closest to the main entrance.
         (4)   When there are multiple buildings or main entrances, accessible spaces shall be distributed equally.
         (5)   Accessible spaces shall be clearly marked as spaces reserved for persons with disabilities.
         (6)   When Section 11-04-08.6, Electric Vehicle (EV) Parking Spaces, requires the provision of any type of Electric Vehicle parking spaces, at least five percent, but not less than one, of the required EV parking spaces shall also be accessible parking spaces.
      C.   Traditional Accessible Parking Stall Dimensions:
         (1)   Length: All accessible spaces shall be a minimum of 20 feet in length.
Figure 4.20. Access Aisle at Passenger Loading Zone
         (2)     Width: All accessible spaces shall be a minimum of eight feet in width plus a five foot wide adjacent access aisle and shall be located outside of all required setbacks, as shown in Figure 4.20.
      (3)   Van Accessible:
         (a)   One in every six accessible spaces, but not less than one, shall have an adjacent access aisle that is eight feet in width, shall be located outside of all required setbacks, and shall be designated as "Van Accessible" as noted in Figure 4.21.
         (b)   A single accessible parking space that is van accessible shall be located on the left side of the access aisle as noted in Figure 4.21.
         (4)   Signage And Markings: All access aisles shall install a sign similar to the signs depicted below and read "Access Aisle No Parking" and shall apply blue pavement markings reading "No Parking" with accompanying diagonal striping within the limits of the access aisle adjacent to the accessible space in addition to the signage for the accessible parking stall.
Figure 4.21. Signage for Accessible Parking Spaces
   5.   Minimum and Maximum Off-Street Parking Standards:
      A.   All development not exempted by the provisions of Section 11-04-08.2.B shall provide vehicle parking spaces in the amounts required by Table 11-04.9, below, as those amounts may be modified by Section 11-04-08.6, Parking Adjustments below.
      B.   No minimum parking requirements apply to developments within the Mixed-Use Downtown Zoning District (MX-5).
TABLE 11-04.9: OFF-STREET PARKING REQUIREMENTS
DU = DWELLING UNIT* = PLANNING DIRECTOR DETERMINATION SF = SQUARE FEET
BLANK CELL = NO MINIMUM/MAXIMUM REQUIREMENT
GFA = GROSS FLOOR AREA 1BR, 2BR, 3+BR = NUMBER OF BEDROOMS
USE CATEGORY
MINIMUM REQUIRED
MAXIMUM ALLOWED
TABLE 11-04.9: OFF-STREET PARKING REQUIREMENTS
DU = DWELLING UNIT* = PLANNING DIRECTOR DETERMINATION SF = SQUARE FEET
BLANK CELL = NO MINIMUM/MAXIMUM REQUIREMENT
GFA = GROSS FLOOR AREA 1BR, 2BR, 3+BR = NUMBER OF BEDROOMS
USE CATEGORY
MINIMUM REQUIRED
MAXIMUM ALLOWED
RESIDENTIAL USES
Household Living
Accessory Dwelling Unit
Caretaker's Residence
1 per DU
Dwelling, Single-Family Detached
1 per DU
Dwelling, Cottage Village
1 per DU
Dwelling, Single-Family Attached
1 per DU
Dwelling, Live/Work
2 per DU
Dwelling, Duplex
1-3 BR: 1 per DU 4+ BR: 0.75 per BR
Dwelling, Triplex or Fourplex
 
Dwelling, Multiple-Family
Studio/Efficiency: 0.5 per DU
1BR: 1 per DU
2BR: 1.25 per DU
3+BR: 1.5 per DU
Guest: 1 per 10 DU
125% of required minimum
Livestock and Animals, Accessory
Manufactured Home
1 per DU
Manufactured Home Community
1 per DU
Tiny Home on Wheels
 
 
Group Living
Assisted Living Facility
1 per 3 beds
Boarding House
1 per BR
Continuing Care Retirement Facility
0.5 per DU plus
1 per 4 beds
Convalescent or Nursing Home
0.25 per bed
Dwelling, Co-Housing
*
Fraternity or Sorority House
1 per bed
Recovery Residence
50% of parking otherwise required for residential use in that type of structure
Residential Home Occupations
Home Occupation, Child or Adult Daycare
1 per employee
Home Occupation, Other
PUBLIC, INSTITUTIONAL AND CIVIC USES
Adult or Child Daycare
Adult or Child Daycare Facility
1 per employee
Adult or Child Daycare Center, Small
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)
Adult or Child Daycare Center, Large
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)
Community and Cultural Facilities
Art Gallery, Museum, or Library
1 per 400 sf GFA
2 per 400 sf GFA
Cemetery
Community Center
1 per 400 sf GFA
2 per 400 sf GFA
Fire or Police Facility
Food Kitchen
Forest Reserve or Recreation Area
Jail or Detention Facility
3 per 1,000 sf GFA
Mortuary or Mausoleum
Park or Playground
Religious Institution
1 per 400 sf GFA
Uses Related to and Operated by a Religious Institution
*
Shelter Home
*
Education and Health
Hospital
1 per bed design capacity
College or Other Institution of Higher Education
*
School
Elementary, Middle, Junior High: 1 per classroom
High School: 4 per classroom
125% of required minimum
Trade or Vocational School
1 per 3 classroom seats
Transportation
Aircraft Landing Field
Determined by airport management
Park and Ride Facility
Transit Facility
*
Transit Terminal
*
COMMERCIAL USES
Agriculture and Animals
Agricultural Uses or Stables
Animal Daycare or Kennel
2.5 per 1,000 sf GFA
Animal Hospital or Clinic
2.5 per 1,000 sf GFA
Beekeeping, Accessory
Commercial Feedlot
Slaughterhouse, Rendering Plant
Urban Farm
Communication Facilities
All Uses
Food and Beverage Service
Brewpub, Micro-distillery, or Micro-winery
3 per 1,000 sf GFA
5 per 1,000 sf GFA
Food Truck, Accessory
Food Truck Court
Neighborhood Café
1 per 1,000 sf GFA
4 per 2,000 sf GFA
Restaurant
5 per 1,000 sf GFA
7 per 1,000 sf GFA
Sidewalk Café, Accessory
Tavern or Lounge
5 per 1,000 sf GFA
7 per 1,000 sf GFA
Lodging
Bed and Breakfast
1 per guest bedroom plus 1 for manager
Hotel or Motel
1 per guest bedroom
125% of required minimum
Recreation Vehicle Park
1 per RV spot
Office, Personal and Business Service
Financial Institution
3 per 1,000 sf GFA
Medical or Dental Clinic
1 per 300 sf GFA
5 per 1,000 GFA
Office
1 per 400 sf GFA
4 per 1,000 sf GFA
Personal and Business Service
1 per 400 sf GFA
4 per 1,000 sf GFA
Recreation and Entertainment
Auditorium or Theater, Indoor
1 per 4 seats in main assembly area
125% of required minimum
Club, Lodge, or Social Hall
1 per 400 sf GFA
Conference or Event Center
3 per 1,000 sf GFA
125% of required minimum
Firing Range, Indoor
2 per 1,000 sf GFA
Golf Course
5 per 1,000 sf GFA of restaurant /bar area
Recreation, Indoor
*
Recreation, Outdoor
*
Retail
Building Materials
1 per 500 sf GFA
125% of required minimum
Retail Sales, Neighborhood < 2,000 SF
0.5 per 1,000 sf GFA
2 per 1,000 sf GFA
Retail Sales, Small <5,000 SF
3 per 1,000 sf GFA
Retail Sales, Medium 5,001 SF to 10,000 SF
2.5 per 1,000 sf GFA
Retail Sales, Large 10,001 SF to 60,000 SF
1 per 500 sf GFA
125% of required minimum
Retail Sales, Big Box >60,000 SF
2 per 1,000 sf GFA
125% of required minimum
Sexually Oriented Business
Sexually Oriented Business
3 per 1,000 sf GFA
125% of required minimum
Vehicles and Equipment
Drive-Through Facility
Electric Vehicle Charging Facility
Parking Garage as Principal Use
Parking Lot as Principal Use
Service Station
3 per 1,000 sf GFA retail, office, waiting area
Vehicle Fleet Operations Center
Vehicle Repair, Major
3 per 1,000 sf GFA retail, office, waiting area plus 1 per service bay
Vehicle Repair, Minor
3 per 1,000 sf GFA retail, office, waiting area plus 1 per service bay
Vehicle Sales, Rental, and Leasing, Light
3 per 1,000 sf GFA retail, office, waiting area plus 1 per service bay
Vehicle and Equipment Sales, Rental and Leasing, Heavy
Vehicle Wash
2 per 1,000 sf GFA retail, office, waiting area
INDUSTRIAL USES
Manufacturing and Processing
Contractor Shop and Yard
Industry, Artisan
2 per 1,000 sf GFA
Industry, Light
1 per 1,000 sf GFA
Industry, Heavy
1 per 1,000 sf GFA
Mining and Extraction
Storage, Wholesale, and Warehousing
Bulk Storage of Flammable or Dangerous Materials
Fulfillment Center
1 per 2,000 sf GFA
Outdoor Storage
Outdoor Storage, Accessory
Self-Service Storage
3 per 1,000 sf GFA of indoor office area
Trucking Terminal
Wholesale or Warehouse, Small or Large
1 per 2,000 sf GFA
Utilities
Power Plant
Renewable Energy Facility, Accessory
Utility Facility, Minor
Utility Facility, Major
Waste and Salvage
Composting Facility
Junkyard, Vehicle Salvage
Recycling Collection Facility
Sanitary Landfill
Solid Waste Transfer Facility
Accessory Uses
Unlisted Uses Accessory to an Allowed Use   
Temporary Uses
Construction Office
Mobile Food Truck
Off-Site Construction Staging
Safety Facility
*
Sales and Leasing Office
Seasonal Sales
 
   6.   Electric Vehicle (EV) Parking Spaces: All Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the Use-Specific Standards in Section 11-03-03 .4.R, Electric Vehicle Charging Station and the following standards.
      A.   Number of EV Parking Spaces Required:
         (1)   The development shall include at least the minimum number of EV parking spaces shown in the following table:
TABLE 11-04.10: REQUIRED NUMBER OF ELECTRIC VEHICLE PARKING SPACES
TOTAL NUMBER OF PARKING SPACES
EV CAPABLE SPACES+
EV READY SPACES+
EV INSTALLED SPACES
TABLE 11-04.10: REQUIRED NUMBER OF ELECTRIC VEHICLE PARKING SPACES
TOTAL NUMBER OF PARKING SPACES
EV CAPABLE SPACES+
EV READY SPACES+
EV INSTALLED SPACES
Multiple-Family Dwelling Units
< 5
None
None
None
5-10
None
20% of total
1 space
11
None
20% of total
10% of total
Public, Civic, or Institutional, Commercial or Industrial Uses
< 5
None
None
None
5
20% of total
None
None
Example: If 20 parking spaces are required for a multiple-family development containing 15 units, the site would provide no (0) EV capable spaces, four (4) EV ready spaces, and two (2) EV installed spaces. The remainder of the 14 parking spaces shall consist of the appropriate combination of standard and accessible spaces.
20 spaces x 0% EV capable = 0 +
20 spaces x 20% EV ready = 4 +
20 spaces x 10% EV installed = 2 (a minimum of one (1) of these EV installed spaces shall be accessible)+
14 standard and accessible spaces in the appropriate combination =
20 Total spaces
 
         (2)   Each EV parking space provided shall be counted towards the minimum off-street parking requirements for the project, but shall not count against any limit on the maximum number of off-street parking spaces permitted.
      B.   Adjustment Of EV Parking Requirements: When the cost of installing EV parking spaces required by Subsection (1) above would exceed 10 percent of the total project cost, the applicant may submit to the Planning Director a cost estimate for the total project and for the EV installations required by this Section 11-04-08.6 and may request a reduction in the EV parking requirements, and the Planning Director may approve an adjustment in the required numbers or types of EV parking facilities to limit installation costs to no more than 10 percent of the total project costs.
      C.   Dimensions and Design:
         (1)    All EV parking spaces shall meet the minimum dimensional standards of standard vehicle parking spaces within Section  11-04-08 .
         (2)   EV charging equipment shall be designed and located so as to not impede pedestrian or vehicle travel or create hazards within the public right-of-way.
         (3)    EV charging equipment for an accessible space shall be designed and located to be accessible by:
            (a)   Locating each EV charging spaces on an accessible route, with an adjacent sidewalk at least seven feet wide;
            (b)   Requiring that the accessible parking space served by EV charging equipment be a minimum of 11 feet wide and 20 feet deep;
            (c)   Providing an adjoining access aisle in addition to the parking space that is a minimum of five feet in width;
            (d)   Providing clear ground space with an unobstructed side reach at the same level as the vehicle charging space; and
            (e)   Accessible charger, connector, and other operable parts.
         (4)   Charging equipment shall be protected by wheel stops, bollards, or similar devices to prevent damage.
         (5)   Charger cords shall be retractable or have a hanging or storage locations outside of pedestrian pathways.
         (6)   Cords connecting chargers to vehicles shall not cross driveways, sidewalks, or loading areas.
         (7)   EV parking spaces with an installed Electric Vehicle Charging Station shall be signed to reserve the parking space for EV users.
         (8)   All Electric Vehicle Charging Stations shall include an emergency power shutoff located in a location easily accessible by emergency responders.
   7.   Parking Adjustments:
      A.   General:
         (1)   The minimum and maximum parking requirements in Table 11-04.11  Table 11-04.9 : Off-Street Parking Requirements, may be adjusted as described in this Subsection 7, provided that no combination of reductions in Subsections B through G shall result in the reduction of the minimum number of parking spaces required in Table 11-04.9 by more than 50 percent.
         (2)    A Conditional Use Permit is required for any request to reduce minimum parking requirements by more than 50 percent and instances when parking reductions fall outside of the adjustments described in this Subsection 7, provided that no combination of reductions in Subsections B through G .
      B.   Shared Parking Facility Reduction:
         (1)   Where two or more uses listed in Table 11-03.1 : Table of Allowed Uses share a parking lot or garage, the total off-street parking requirement for those uses shown in Table 11-04.9 : Off-Street Parking Requirements may be reduced by the factors shown in Table 11-04.11 : Shared Parking Reduction.
 
TABLE 11-04.11: SHARED PARKING REDUCTION
To calculate the shared parking reduction, add the requirements for each use category, then divide the sum by the factor indicated below.
USE
MULTIPLE- FAMILY DWELLINGS
PUBLIC, INSTITUTIONAL, OR CIVIC
FOOD, BEVERAGE, INDOOR ENTERTAINMENT, OR LODGING
RETAIL
OTHER COMMERCIAL
Multiple-Family Dwellings
1.0
1.1
1.1
1.2
1.3
Public, Institutional, or Civic
1.1
1.0
1.2
1.3
1.5
Food, Beverage, Indoor Entertainment, or Lodging
1.1
1.2
1.0
1.3
1.7
Retail
1.2
1.3
1.3
1.0
1.2
Other Commercial
1.3
1.5
1.7
1.2
1.0
 
         (2)    To calculate the revised minimum parking requirement, calculate the minimum off-street parking requirement individually for the two uses with the highest off-street parking requirement, and then divide that sum by the number shown in the cell for that combination of uses in Table 11-04.11. For example: a development with 5,000 square feet of Small Retail space (3 per 1,000 square feet gross floor area) and 20, two-bedroom Multiple-Family Dwelling units (1.25 per dwelling unit) would take the total spaces required and divide by 1.2.
            (15) + (25+3) = 43.
            43/1.2 = 35.833
            The shared parking requirement is 36 spaces.
         (3)   If more than two uses share a parking lot or structure, the reduction factors in Table 11-04.11 are applied only to the two uses with the highest parking requirements. The minimum parking required for the third and additional uses sharing the parking lot or facility are then added to the adjustment calculated in Subsection (2) above without further adjustment.
      C.   Two Wheeled Parking Reduction: For every four motorcycle, scooter, or similar two-wheeled vehicle spaces (excluding bicycle parking) provided, the number of standard vehicle spaces required may be reduced by one, provided that each two wheeled parking space is at least four feet wide and at least 10 feet long and is clearly posted or marked as a motorcycle/scooter parking space.
      D.   Tree Preservation: The Planning Director may allow up to a 10 percent reduction of the required parking spaces to save healthy, desirable trees.
      E.    Housing Incentive Parking Reduction: Housing projects meeting the requirements of Section 11-04-03.7, Housing Incentives, shall be eligible for the parking reductions as set forth in that Section.
      F.   Transportation Demand Management Reduction: The Planning Director may allow a reduction in required parking for employers that enter into a Transportation Demand Management (TDM) Agreement with the City that specifies how on-site parking will be reduced through property owner or operator programs or initiatives that reduce the amount of parking demand on-site. If a reduction in parking is granted through a TDM Agreement, the employer will be required to remain in good standing with the TDM Agreement and shall submit an annual report documenting the terms of the Agreement are being met. Any TDM Agreement, whether used independently or in combination with other allowed parking reductions, is subject to the 50 percent limitation on overall parking reduction. Such programs may include the following:
         (1)   Compressed work week schedules;
         (2)   Flexible arrival and departure times;
         (3)   Telework opportunities;
         (4)   Incentives for employees to use alternative modes of transportation to the workplace;
         (5)   End of commute amenities such as a locker room, changing room or shower;
         (6)   Implement/support ridesharing program (i.e., vanpool, carpool);
         (7)   Designate a Commute Coordinator (Employee Transportation Coordinator) to facilitate employee/property commute program;
         (8)   Display transportation information in a prominent location including transit routes and schedules; carpooling and vanpooling information; bike routes; and commute subsidy information;
         (9)   Provide information for new tenants and employees on transportation options (e.g., flyers, posters, brochures, onboarding information, and emails on commute alternatives); host/participate in transportation fairs, local commute events such as May in Motion or Boise Bike Week;
         (10)   Provide employee subsidies for alternative transportation;
         (11)   Provide preferred parking for carpool/vanpool;
         (12)   Provide pre-tax benefits for transit/vanpool costs;
         (13)   Allocated space for bike share station/kiosk;
         (14)   Provide ongoing funding/sponsorship of bike share program/station;
         (15)   Provide transit, scooter, and bike share passes; or
         (16)   Provide website links to local transportation/commute programs that may include but are not limited to: Commuteride, City Go, alternative transportation programs on developer, property management, or employer websites.
      G.   Adjustments to Exceed Parking Maximums: Up to 10 percent of the parking maximum may be exceeded by the Planning Director through an administrative approval if the Planning Director determines that:
         (1)   The additional parking spaces are required to reduce adverse impacts to the surrounding neighborhood; and/or
         (2)   The additional parking is required due to unique characteristics of the use not generally shared by other uses in the same use category shown in Table 11-03.1 : Table of Allowed Uses.
   8.   Vehicle Parking Location and Design:
      A.   Location:
         (1)   Off-Site Locations Permitted: Parking required by Table 11-04.11 shall be provided on the same lot or combination of contiguous lots for which it provides required parking, except that in the R-3, Mixed-Use, Industrial, or Open Land zoning districts, parking may be located up to 600 feet from the lot containing the principal uses for which it provides parking. The Planning Director may require written evidence from the owner of the off-site location confirming the continued availability of the site to meet such parking requirements.
         (2)   On-Site Location:
            (a)    Prohibited Location: Perpendicular vehicle parking is prohibited within the public right-of-way, and all vehicle parking is prohibited on undeveloped or unimproved public right-of-way. Parking lots shall not be designed to back into the street.
            (b)   Required Setbacks:
               i.   In the Residential zoning districts, except for working vehicles in daily use parked on driveways, in front of homes, parking areas and parking spaces shall not be permitted:
                  A.   In required setbacks;
                  B.   Unimproved parking areas; or
                  C.   Other areas not designed for vehicle parking.
               ii.   Trailers, camp trailers, boats, boat trailers, recreational vehicles, and all other vehicles not in daily use may use gravel surfacing but are prohibited from parking in the required setbacks.
               iii.    Open air public or private driveways, parking areas and service drives in a Residential zoning district shall provide a minimum five foot wide landscaping and screening area be constructed and maintained along the abutting property line as provided for in Section 11-04-09.10.D(2), Parking and Storage Areas.
               iv.   In the Mixed-Use, Industrial, or Open Land zoning districts, parking areas and parking spaces shall not be permitted in any required setback, except as follows:
                  A.   Rear setback areas shall not be used for off-street parking or loading areas unless the rear setback abuts an alley providing access to the parking spaces.
                  B.   Side yards that do not abut a street may be used for unenclosed off-street parking provided that a minimum five foot wide landscape area is constructed and maintained along the abutting side property line.
            (c)   Time Limit: No commercial vehicle or trailer shall be parked, stored, or otherwise left unattended at any place in a Residential zoning district whether on public or private property for over two hours except while engaged in construction or any other permitted activity.
            (d)   Site Layout: The following standards shall apply in the R-2, R-3, and Mixed-Use zoning districts, unless otherwise required by the Citywide or Downtown Design Standards and Guidelines, including but not limited to any Building Type Frontage Standards applicable to specific street segments.
               i.   Surface parking areas shall be located to the side or rear of buildings.
               ii.   For multi-building developments, no more than 50 percent of the primary street frontage shall be occupied by parking and vehicular access driveways.
               iii.   Garage entries, carports, and parking structures shall be internalized in building groupings or oriented away from street frontage to the maximum extent practicable.
      B.   Dimensional Standards:
         (1)   Surface Parking Lots and Areas: Dimensions of all parking or maneuvering areas in surface parking lots shall be designed as required by Table 11-04.12 below, except that accessible parking spaces shall be designed as required by Section 11-04-08 .3.
Figure 4.22. Minimum Parking Lot Design Standards
      Table 11-04.12 below, except that accessible parking spaces shall be designed as required by Section 11-04-08 .3.
TABLE 11-04.12: MINIMUM STANDARDS FOR PARKING LOT DESIGN
PARKING ANGLE [A]
STALL WIDTH [B]
CURB LENGTH PER CAR [C]
STALL DEPTH [D]
DRIVE AISLE WIDTH [E]
TABLE 11-04.12: MINIMUM STANDARDS FOR PARKING LOT DESIGN
PARKING ANGLE [A]
STALL WIDTH [B]
CURB LENGTH PER CAR [C]
STALL DEPTH [D]
DRIVE AISLE WIDTH [E]
For Standard Vehicles
0°
9 ft.- 0 in.
23 ft.- 0 in.
9 ft.- 0 in.
12 ft.- 0 in.
30°
9 ft.- 0 in.
18 ft.- 0 in.
17 ft.- 8 in.
12 ft.- 0 in.
45°
9 ft.- 0 in.
12 ft.- 9 in.
20 ft.- 5 in.
13 ft.- 0 in.
60°
9 ft.- 0 in.
10 ft.- 5 in.
21 ft.- 10 in.
16 ft.- 0 in.
90°
9 ft.- 0 in.
9 ft.- 0 in.
20 ft.- 0 in.
22 ft.- 0 in.
For Compact Vehicles
0°
7 ft.- 6 in.
18 ft.- 0 in.
7 ft.- 6 in.
12 ft.- 0 in.
30°
7 ft.- 6 in.
15 ft.- 0 in.
14 ft.- 0 in.
12 ft.- 0 in.
45°
7 ft.- 6 in.
10 ft.- 7 in.
15 ft.- 11 in.
13 ft.- 0 in.
60°
7 ft.- 6 in.
8 ft.- 8 in.
16 ft.- 9 in.
16 ft.- 0 in.
90°
7 ft.- 6 in.
7 ft.- 6 in.
15 ft.- 0 in.
22 ft.- 0 in.
 
         (2)   Compact Spaces:
            (a)   A maximum of 40 percent of the total spaces required may be designed, designated, and used for compact size vehicles. The dimensional standards for compact vehicle spaces and driveways are indicated in Table 11-04.12 above.
            (b)   Compact spaces shall be clearly marked for use by compact vehicles on the pavement or curb.
         (3)   Bumper Overhang: Standard parking stall lengths may be reduced from 20 feet to 18 feet when the adjacent sidewalk or landscaping is increased by two feet above the minimum requirement. The minimum width for a sidewalk or landscape strip adjacent to a bumper overhang is seven feet.
         (4)   Parking Structure Space Dimensions:
            (a)   Spaces within parking structures shall be a minimum of eight and one-half feet wide and 18 feet long.
            (b)   Compact parking stalls shall not be provided within parking structures.
      C.   Tandem Parking: Unless otherwise prohibited elsewhere in this Code, tandem parking for Single-Family Detached, Single-Family Attached Dwellings, and Manufactured Home Communities is allowed.
      D.   Driveways:
         (1)   All driveways shall extend into the site perpendicular to the street from which they provide access, unless the Planning Director approves an alternative based on a determination that the driveway:
            (a)   Is required to enhance the natural elements of the site such as preserving existing trees; or
            (b)   Is required for safety reasons such as avoiding backing into a collector or arterial street with limited motorist visibility.
         (2)   All parking areas, driveways, and other vehicular access for Single-Family Detached, Duplex, Triplex, or Fourplex dwellings may consist of wheel strips, pavers, or other hard surface material approved by the Planning Director. Other residential uses are subject to standards in accordance with Subsection F, below.
         (3)   Driveways for Single-Family Attached, Single-Family Detached or Duplex Dwellings shall be a minimum of nine feet in width. Driveways or service drives for other residential uses are subject to Section 11-04-07.4.J(2), Service Drives.
         (4)   Driveways are permitted in the front and street side setbacks in accordance with Section 11-04-07.4.J(2), Service Drives.
         (5)   For Single-Family Attached, Single-Family Detached Dwellings, individual driveways in the front or street side setback shall not exceed a width of 30 feet within the setback, unless another provision of this Code requires a narrower width.
         (6)   Parking on Residential Small Lots is regulated by Section 11-04-03.4, Residential Small Lots.
      E.   Surfacing: Driveways, parking areas and vehicle storage areas shall be built with a non-permeable material such as concrete or asphalt, except that:
         (1)   A gravel surface area may be used within the I-1 or I-2 zoning districts for enclosed material storage yards or grounds maintenance areas only and shall not be used in areas where vehicles are stored or driven. The storage and maintenance areas shall be located behind the building and be enclosed by a six foot high sight obscuring fence.
         (2)   The Planning Director may approve an alternative surface based on considerations of durability, permeability, and visual interest and quality:
      F.   Residential Garages:
         (1)   Street access is prohibited when alley access is available.
         (2)   Residential garages that provide a single space shall be a minimum of 10 feet wide and 20 feet long.
      G.   Parking Area Landscaping: All development shall comply with Section 11-04-09 , Landscaping, Fencing, Walls, and Screening.
      H.   Parking Area Lighting: All development shall comply with Section 11-04-011, Exterior Lighting.
   9.   Required Bicycle Parking:
      A.    Amount Required: The development shall include at least the minimum number of bicycle parking spaces shown in the following table based on the category of the use or individual use as shown in Table 11-03.1: Table of Allowed Uses.
      B.   Parking for Unlisted Uses: The Planning Director shall determine the required bicycle parking for uses not listed in Table 11-04.13: Minimum Bicycle Parking Requirements, based on expected volume of activity on the site.
TABLE 11-04.13: MINIMUM BICYCLE PARKING REQUIREMENTS
DU = DWELLING UNIT* = PLANNING DIRECTOR DETERMINATION
SF = SQUARE FEET GFA = GROSS FLOOR AREA
USE
LONG TERM BICYCLE PARKING REQUIRED
SHORT TERM BICYCLE PARKING REQUIRED
TABLE 11-04.13: MINIMUM BICYCLE PARKING REQUIREMENTS
DU = DWELLING UNIT* = PLANNING DIRECTOR DETERMINATION
SF = SQUARE FEET GFA = GROSS FLOOR AREA
USE
LONG TERM BICYCLE PARKING REQUIRED
SHORT TERM BICYCLE PARKING REQUIRED
Multiple-Family Dwellings
1 space per studio or first bedroom and 0.5 spaces for each additional bedroom
1 space per 10 DU
Assisted Living Facility or Continuing Care Retirement Facility
2 spaces or 1 space for every 10 employees, whichever is greater
1 space per 20 beds
Retail Uses and Personal and Business Services
2 spaces plus 1 additional space for every 2,000 sf. GFA
2 spaces plus 1 additional space for every 1,000 sf. GFA
Food and Beverage Uses (excluding Food Truck uses)
2 spaces plus 1 additional space for every 2,000 sf. GFA
2 spaces plus 1 additional space for every 1,000 sf. GFA
Office
2 spaces plus 1 additional space for every 2,000 sf. GFA
2 spaces plus 1 additional space for every 2,000 sf. GFA
Auditorium or Theater, Indoor and Conference or Event Center
*
*
Forest Reserve or Recreation Area, Park or Playground, and Outdoor Recreation
*
*
Industrial Uses
2 spaces plus 1 additional space for every 4,000 sf. GFA
2 spaces plus 1 additional space for every 10,000 sf. GFA
School
1 space for every 10 employees plus 1 space for every classroom
3 spaces for every 10 students
College or Other Institution of Higher Education
*
*
Religious Institution
1 space plus 1 additional for every 4,000 sf. GFA
2 spaces plus 1 additional for every 4,000 sf. GFA
 
         (1)   If more than 10 bicycle parking spaces are required, a minimum of 10 percent of the required bicycle parking spaces shall be designed to accommodate cargo bicycles or bicycles with trailers.
      C.   Location:
         (1)   Short-term bicycle spaces designed to meet the needs of visitors to the development shall be located within 50 feet from the main entrance of the building.
         (2)   Short-term bicycle racks shall be located so that they:
            (a)   Are easily accessed from the street and protected from motor vehicles;
            (b)   Are visible to passers-by to promote usage and enhance security;
            (c)   Do not impede or interfere with pedestrian traffic or routine maintenance activities when bicycles are parked at/in them; and
            (d)   Do not block access to buildings, bus boarding or freight loading.
         (3)   Long-term bicycle spaces shall be designed to meet the needs of employees, residents, public transit users, and others with similar needs.
         (4)   Long-term bicycle parking shall be enclosed, covered and secured, or attended. Covered bicycle parking includes but is not limited to a secure and accessible room in a building, a secure and accessible enclosure within a parking structure, or a cluster of bicycle lockers. All bicycle parking lockers and structures shall be located outside of the required setbacks.
         (5)   Required long-term bicycle parking for residential uses shall not be located within dwelling units or within deck or patio areas accessory to dwelling units.
         (6)   Not less than 50 percent of required long-term spaces shall be accessible and not require the use of stairs or an elevator.
         (7)   Long-term spaces that are accessed using stairs shall require a bike runnel.
      D.   Design Standards:
         (1)   No more than 25 percent of the required bicycle parking spaces may require the bicycle to be hung or parked vertically, rather than being parked with both tires on the ground.
         (2)   Standard bicycle parking spaces shall be a minimum of six feet long and two and one-half feet wide.
         (3)   Cargo bicycle and bicycle trailer parking spaces shall be a minimum of 10 feet long and three feet wide.
         (4)   A four foot wide aisle is required between rows of bicycle parking spaces or between a row of bicycle parking spaces and any wall or potential obstructions.
         (5)   Three and one-half feet of clearance shall be provided between bicycle parking spaces and vehicle parking spaces or travel lanes for the opening of passenger-side doors.
         (6)   All bicycle parking spaces, and associated racks shall not impede pedestrian walkways.
         (7)   All covered spaces shall have an overhead clearance of seven feet.
         (8)   Bicycle racks shall be located on improved non-permeable surfaces and shall be anchored to the ground.
         (9)   Bicycle racks shall be installed to the manufacturer's recommended specifications and adhere to any further design criteria or codes established by the City. Accommodation of varied bicycle sizes and styles, including electric bicycles and cargo bicycles, is encouraged through provision of racks installed with greater clearance from obstructions, walkways, and other bicycle parking spaces.
         (10)   Designated bicycle parking areas shall include adequate lighting.
         (11)    Bicycle racks shall provide two points of contact with the bicycle frame such as an inverted "U" or a post and ring and shall allow locking of frame and at least one wheel with a U-lock. Wave, schoolyard, wheel well, bollard and spiral racks are prohibited.
Figure 4.23. Examples of Allowed Bicycle Racks
Figure 4.24. Examples of Prohibited Bicycle Racks
   10.   Off-Street Loading Facilities: All primary commercial and industrial uses shall comply with the standards in this Section 11-04-08.10 regarding the provision of vehicle loading spaces.
      A.   Quantity and Size: The quantity and size of loading spaces required shall be as indicated in Table 11-04.14, below.
 
TABLE 11-04.14: REQUIRED OFF-STREET LOADING SPACES
GROSS FLOOR AREA (SQUARE FEET)
NUMBER OF LOADING SPACES REQUIRED
MINIMUM SIZE OF EACH REQUIRED LOADING SPACE
Less than 20,000
None
N/A
20,000-49,999
1
10 feet x 25 feet
50,000-99,999
2
One 10 feet x 25 feet and
One 12 feet x 50 feet
100,000 and more
2, plus 1 additional space for every 100,000 square feet beyond the first 100,000
14 feet x 50 feet and 13 feet high
 
      B.   Standards:
         (1)   Loading areas shall comply with setback and landscaping requirements.
         (2)   Loading areas shall not be oriented toward Residential zoning districts and shall not be permitted between the primary façade of a building and the front lot line/property line.
         (3)   Loading areas shall be clearly posted or marked.
         (4)   For buildings greater than 20,000 square feet in the MX-5 zoning district, applicants may request approval of alleys for loading activities as an alternative to on-site loading area.
         (5)   Loading spaces and access routes to loading spaces shall not interfere with parking lot or parking garage maneuvering areas or with designated on-site patron drop-off/pick up locations.
   11.   Modifications: The Planning Director may modify the requirements of this Section 11-04-08 if the Planning Director determines that the site cannot accommodate these requirements, and that alternative loading methods or facilities can be provided in a manner compatible with surrounding uses.
   12.   Compliance with Design Standards:
      A.   In addition to the standards required by this Section 11-04-08 , all Multiple-Family Dwelling, mixed-use, and nonresidential development, including but not limited to Parking Garages shall comply with the standards and other mandatory content in the Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines, as applicable in the area where the property is located.
      B.   In the event of a conflict between the standards in this Section 11-04-08 and applicable standards in the Citywide or Downtown Design Standards and Guidelines, the provision requiring the higher level of visual building quality and interest, as determined by the Planning Director, shall apply. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-09: LANDSCAPING, FENCING, WALLS, AND SCREENING:

   1.   Purpose: The purpose of this Section 11-04-09 is to establish requirements for the design, installation, and maintenance of landscapes that:
      A.   Conserve, protect and promote the City's natural environment and high quality of life;
      B.   Contribute ecologically and aesthetically to the prosperity of the City;
      C.   Achieve healthy, attractive, and safe environments based on recognized design and urban forestry principles;
      D.   Expand the tree canopy to reduce the heat island impact and mitigate climate impacts;
      E.   Improve pedestrian comfort;
      F.   Conserve water;
      G.   Integrate stormwater management and minimize polluted water;
      H.   Screen the visibility of less desirable uses and functions;
      I.   Preserve native vegetation and the appropriate use of native landscape materials; and
      J.   Reduce adverse impacts to wildlife.
   2.   Applicability: All applications for development or property use listed below shall comply with the provisions of this Section 11-04-09.
      A.   Development:
         (1)    All new development involving the construction of new residential, mixed-use, and nonresidential buildings. Single-family dwellings and accessory dwelling units that do not contain multiple primary uses on the site are exempt from the Landscaping and Screening Standards contained within Section 11-04-09.
         (2)   The expansion and alteration of the gross floor area of an existing Multiple-Family Dwelling, mixed-use, or nonresidential building by 50 percent or more.
      B.   Compliance With Existing Approvals Required: If an application under this Code does not otherwise require a change to the existing landscaping, fencing, walls, or screening on the lot or parcel, but the existing development is not in compliance with the landscaping, fencing, walls, or screening required by a previous permit or approval for that development, the City may require compliance with the terms of those prior approvals as a condition on the approval of the current application.
      C.   Existing Parking Lots:
         (1)   When existing parking lots are re-striped or a new coat is applied to the surfacing, the applicant shall replace and repair the existing landscaping to the standards that applied at the time the related building was constructed or the related use began operations.
         (2)   When the area of an existing parking lot is replaced or is expanded up to 25 percent, the applicant shall replace and repair the existing landscaping to the standards that applied at the time the related building was constructed or the related use began operations and shall install parking lot perimeter landscaping that complies with Section 11-04-09 .5.B(3).
         (3)   When the area of an existing parking lot is expanded by 26 percent or more, the applicant shall comply with all standards in this Section 11-04-09 regarding parking lot landscaping.
   3.   General Landscaping Standards:
      A.   Landscape Plan Required: A landscape plan is required for all activities subject to this Section 11-04-09, regardless of whether the application is for a Zoning Certificate, Certificate of Appropriateness, Conditional Use Permit, Variance, or Minor or Major Design Review.
      B.   Adopted Streetscape Plans: Where the City has adopted streetscape standards for any street bordering a project site, and there is a conflict between the adopted streetscape standards and the standards of this Section 11-04-09, the adopted streetscape standards shall apply.
      C.   Site Area Landscaping:
         (1)   Any part of a site not used for buildings, parking, driveways, walkways, utilities, or approved storage areas shall be retained or reclaimed to its natural state such that it is free of dust and noxious weeds or landscaped pursuant to the standards in this Section 11-04-09.
         (2)   Plants, walls, fences, buffering, and screening, located on adjacent properties do not satisfy landscape requirements for the subject property. All required landscaping shall be located on the property required to provide it pursuant to this Section 11-04-09.
         (3)   An approved protective curbing shall be required adjacent to all planting areas that border driveways, parking lots or vehicle use areas.
         (4)   If the location of any utility facility, utility easement, or service area required by adopted City or utility provider standards prevents the location of trees, shrubs, or other landscaping in locations required by this Section 11-04-09, the applicant shall be required to install an equivalent numbers of trees, shrubs, or landscaping in other landscaped areas of the site. If the required number of trees cannot be accommodated on the remaining available site area, the applicant shall satisfy the mitigation requirements under Section 11-04-09.8, Tree Preservation.
      D.   Landscape Material Standards:
         (1)   Approved Plant Materials:
            (a)   The latest edition of the Treasure Valley Tree Selection Guide, or any successor publication as determined by the Director of Parks and Recreation, is hereby adopted as the list of approved and recommended trees for on-site planting.
            (b)   Plant selection, establishment, and maintenance for storm water facilities shall comply with the Public Works Department Stormwater Plant Materials Resource Guide to the maximum extent practicable.
            (c)   New plant varieties are being produced every year and other species not listed in the above publications or species that are more disease resistant, pest resistant, or drought tolerant may also be approved by the Director of Parks and Recreation.
         (2)   Prohibited Plant Materials: The plants listed as Trees Not Permitted for Rights-of-Way Property Planting in the Treasure Valley Tree Selection Guide are prohibited from being planted along any street or within any parking lot subject to this Section 11-04-09.
         (3)   Minimum Plant Sizes:
 
TABLE 11-04.15: MINIMUM PLANT SIZES
TYPE OF PLANT
SIZE
Shade/Ornamental Trees
1.5 inch caliper
Evergreen Trees
6 foot height
Shrubs
3 gallon
Perennials
1 gallon
 
         (4)   Plant Species Diversity:
            (a)   Trees: When five or more trees are to be planted to meet the requirements of any portion of this Section, a mix of species shall be provided as shown in Table 11-04.16 below:
 
TABLE 11-04.16: TREE SPECIES MIX
REQUIRED NUMBER OF TREES
MINIMUM NUMBER OF SPECIES
5 - 10
2
11 - 30
3
31 - 50
4
50+
5
When the total number of trees is greater than 10, one species cannot amount to more than 30% of the total.
 
            (b)   Other Plant Materials:
               i.   To improve pollinator habitat, at least 25 percent of planted areas shall include native flowering and nectar producing plant species.
               ii.   Where shrubs are required to be planted, up to 25 percent of the total number of required shrubs may be substituted with flowering perennials, grasses, or ferns.
         (5)   Non-Vegetative Materials:
            (a)   Non-vegetative materials, such as decorative rock, artificial grass, bark, and perma-bark, shall not count toward the minimum landscape requirement.
            (b)   The use of bark or other loose material shall be designed and located to prevent being displaced or washed out of the planting area.
            (c)   Non-vegetative material, including but not limited to rock mulch and decorative rock, may only be used to augment the landscape or around the base of trees and shrub groupings or flower beds, and shall not constitute the only ground cover in more than 20 percent of any area required to be landscaped.
            (d)   Planting areas using rock mulch or decorative rock shall have 50 percent of the ground surface covered by vegetation at plant maturity.
            (e)   Natural colors shall be used.
         (6)   Mulch:
            (a)   Organic mulch such as bark or soil aid shall be applied and maintained in all planting areas at a minimum two-inch depth, except that decorative rock mulch may be permitted as part of the approved landscape plan.
            (b)   Use of mulch as the only ground cover in required planting areas is prohibited.
            (c)   Impermeable plastic weed barrier under the mulch is prohibited.
      E.    Water Conservation Standards: All required landscaping shall be designed to address the physical site characteristics of the property, the needs of those using the property, and the best water-conserving methods for a semi-arid continental climate. The landscape plan shall reduce water consumption through site design, plant selection, irrigation practices, and improved soil water holding capacity through amendment with compost, complying with the following xeriscaping and conservation standards:
         (1)   Soil Amendment: Prior to the installation of lawn or other plant materials in areas that have been disturbed or compacted by construction activity, soils shall be amended to increase soil water holding capacity. Proper soil amendment includes thoroughly loosening soils to a depth of six inches, adding compost as a soil amendment at a rate of four cubic yards per 1,000 square feet of total area to be planted, and thoroughly incorporating compost to a depth of at least two inches. Areas with existing native vegetation that remain undisturbed shall be exempt from the soil amendment requirement, provided that native soil and vegetation in such area is protected from disturbance and compaction during the construction process.
         (2)   Lawn Areas:
            (a)   Lawn areas shall be a drought-tolerant and/or adaptive sod or seed mix that is appropriate to the natural conditions found at the site, except that lawn species that require regular mowing or maintenance, such as Kentucky Bluegrass:
               i.   Shall not exceed 33 percent of the landscaped area on a site; and
               ii.   Shall not be used in median strips, parking strips, or difficult-to-maintain areas less than six feet in width.
            (b)   Lawn areas larger than 15,000 square feet shall have soil moisture sensors that are properly installed and adjusted.
            (c)   In all zoning districts, any area that does not provide recreational value or is used solely for decorative purposes is prohibited from using lawn that requires regular maintenance for landscape purposes. This prohibition includes but is not limited to the installation of Kentucky Bluegrass turf in roadway medians, traffic circles and roundabouts, street frontage areas located between detached sidewalks and curbs, and within parking lot landscaped islands or stormwater swales. Low ground cover alternatives shall be used to the maximum extent practicable.
         (3)   Plant Selection, Plant Location and Efficient Irrigation:
            (a)   Plants shall be placed based on adaptability to regional and micro climatic conditions, including shade, sun, and wind.
            (b)   Plants having similar water needs shall be grouped together in distinct hydrozones and spaced to minimize watering needs while maximizing growth and spread of plants.
            (c)   Native and other low-water-use plants shall be installed to the maximum extent practicable.
            (d)   Invasive, destructive, and exotic plants shall not be installed.
         (4)   Water Features: Water features such as fountains, waterfalls and ponds are discouraged, but if used shall comply with the following standards:
            (a)   The water used shall be recycled through the feature;
            (b)   The feature shall be designed to prevent leakage;
            (c)   Provisions for continued maintenance of the feature shall be identified in a narrative that accompanies the landscape plan; and
            (d)   Evidence of the right to use the water for this purpose is required when the water will be obtained from an irrigation ditch or a well.
      F.   Placement and Installation of Trees:
         (1)   Location and Spacing: All trees planted pursuant to this Section 11-04-09 shall comply with the following standards. Class I, II, and III trees are identified in the Treasure Valley Tree Selection Guide.
            (a)   For every 60 feet of perimeter landscape, one Class III tree shall be planted.
            (b)   Class III trees shall be spaced 40 to 50 feet apart, depending on mature crown spread.
            (c)   Class II trees may be used and spaced 25 to 45 feet apart, depending on mature crown spread.
            (d)   Class I trees shall be used where overhead power lines prohibit use of taller trees and may be used to mark entry points into a subdivision or to mark a special feature.
            (e)   Class I trees shall be spaced 15 to 30 feet apart, depending on mature crown spread.
            (f)   For design flexibility, trees may be grouped together or spaced evenly as desired. Unless Community Forestry approves an alternative spacing, trees shall be spaced no closer than 80 percent of the average mature width of the trees as demonstrated in the following examples:
Figure 4.25. Tree Spacing Calculation Example
         (2)    Curbing to Protect Tree s: All planting areas that border driveways, parking lots and other vehicle use areas shall be protected by curbing, wheel stops, or other protective devices located a minimum of 30 inches from all tree trunks.
         (3)   Avoiding Interference with Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees:
            (a)   Overhead Utilities: Class I may only be planted under or within 10 lateral feet of any overhead utility wires if approved by Community Forestry.
            (b)   Underground Utilities:
               i.   All trees shall be planted outside of any utility easement, unless written approval is obtained from the applicable agency.
               ii.   All trees shall be planted outside of any easement that contains a City sewer main, unless written approval is obtained from the City Engineer.
               iii.   If any utility easement precludes trees required by this Section, the width of the required buffer shall be increased to accommodate the required trees.
            (c)   Trenching: New underground utilities shall be located outside of the critical root zone of existing trees if trenched or be tunneled a minimum of three feet below existing grade within the tree's critical root zone. If trenching is to be done within the critical root zone, an air spade or hand trenching is required. No root two inches or larger shall be cut. This requirement is for placement of new utilities and does not affect the City's or the utility's ability to access existing utilities for repair, replacement, and maintenance.
         (4)   Avoidance of Irrigation and/or Drainage Easements:
            (a)   Any tree planted within any irrigation or drainage easement shall have written approval obtained from the agency holding the easement or managing facilities in the easement.
            (b)   If any irrigation or drainage easement precludes installation of any trees required by this Section 11-04-09, the width of the required buffer shall be increased to accommodate the required trees or, if the site cannot accommodate the additional buffer, the applicant shall meet all tree mitigation requirements in Section, Tree Preservation.
      G.   Berms:
         (1)   Berm slopes shall not exceed three to one (3:1, horizontal: vertical).
         (2)   Slopes shall not exceed four to one (4:1) on areas that require mowing.
      H.   Clear Areas:
         (1)   Trees, shrubs, and other landscaping shall not encroach into the minimum required clear height and width of primary or emergency vehicle access and shall preserve a minimum clear height of 80 inches above all pedestrian pathways.
         (2)   Trees, shrubs, and other landscaping shall not encroach into any pedestrian walkway, including but not limited to sidewalks and multi-use pathways.
         (3)   Landscaping shall not block the clear vision triangle at street intersections as determined by the ACHD.
         (4)   The clear vision triangle shall be kept free of visual barriers including vegetation, except deciduous trees pruned at least eight feet in height above the sidewalk and 14 feet above the roadway, and walls, signs, vehicles, solid fences, or other sight obstructions exceeding three feet in height.
      I.   Irrigation:
         (1)   Irrigation Required: All landscape areas requiring irrigation shall be served with an automatic underground irrigation system. Areas of landscaping that will not require supplemental watering after initial establishment are not required to have permanent irrigation.
         (2)   Irrigation Water Source:
            (a)   To the maximum extent practicable, all requirements for landscape irrigation for all forms of development and redevelopment shall be met through the use of non-potable surface water as defined by Idaho Code 67-6537.
            (b)   If non-potable surface water supply is available prior to an annexation of land or City approval of a change of use for the property pursuant to this Code, the use of such water shall be retained for landscaping irrigation purposes following such City approvals.
      J.   Installation:
         (1)   Certificate of Completion: Before issuance of the final Certificate of Occupancy, a licensed landscaping professional shall submit to the city certification that the landscaping has been installed in compliance with the approved plans. Certification shall demonstrate that a certified arborist has been consulted.
         (2)   Installation Schedule: All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final Certificate of Occupancy.
         (3)   Extension of Time for Installation: Upon recommendation of the Planning Director, a temporary Certificate of Occupancy may be issued for a specified time period, not to exceed 180 days when:
            (a)   Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; and
            (b)   The applicant has provided surety to the City for the required improvements.
   4.   Street Frontage Landscaping:
      A.   Applicability: Street frontage landscaping shall be required to be installed between the curb and inside of sidewalk and between the sidewalk and each street-facing façade or parking lot, as applicable, of a primary Multiple-Family Dwelling, mixed-use, and nonresidential building. Street frontage landscaping between the sidewalk and street-facing facades shall not be required in the MX-1, MX-2, MX-3, MX-4, and MX-5 zoning districts where a landscape buffer would prevent the placement of a proposed building at the allowed front or street side setbacks.
      B.   Size and Location:
         (1)   Street frontage landscaping shall be installed along the full width of the required front setback.
         (2)   All required landscaping shall be located outside any public street right-of-way to the maximum extent practicable.
         (3)   The required planting area between the sidewalk and façade or parking lot shall be measured from the property line (after dedication of any public right-of-way) or from the back of the sidewalk, whichever is greater.
         (4)   Landscape buffer widths shall be a minimum of eight feet for Class II and III trees and ten feet for Class I trees, as measured from the inside of the sidewalk to the inside of the curb.
         (5)   Irrigated landscaping, by agreement with the Ada County Highway District (ACHD), is required in unpaved areas within the undeveloped public street right-of-way.
      C.   Street Trees: The following standards shall apply to all areas located between a detached sidewalk and a public street right-of-way. If an attached sidewalk is present, the following standards shall apply to the area located between the attached sidewalk and the closest primary building on the property.
         (1)   All required street frontage landscaping shall be planted with trees and shrubs, or other vegetative groundcover, not including turf that requires regular maintenance, with a minimum density of one tree per 40 lineal feet.
         (2)   The largest possible class of tree shall be planted in street frontage landscaping to the maximum extent practicable.
         (3)   Coniferous and evergreen trees are only allowed to be installed in planting areas between sidewalks and streets greater than 20 feet in width in width.
         (4)   Tree grates shall be a minimum of 36 square feet in size.
         (5)   Trees located in the public right-of-way shall be comply with Title 7, Chapter 3 of the Boise City Code.
Figure 4.26. Street Frontage Landscaping
   5.    Site Perimeter Buffers:
      A.    Arterial and Collector Street Buffering:
         (1)    Applicability: Where lots containing Single-Family Detached or Attached, Duplex, Triplex, Fourplex, Co-Housing, Cottage Village Dwellings or Manufactured Home Communities are adjacent to collector or arterial streets as shown on the current Ada County Highway District Master Street Map, the following landscape buffer standards apply.
         (2)   Frontage Road:
            (a)   Frontage roads, as permitted by the Ada County Highway District and separated from a collector or arterial street by a 10 foot wide landscape buffer, may be permitted.
            (b)   The landscape buffer shall be planted with trees and shrubs that at maturity will form a solid screen at least six feet high and a continuous tree canopy.
         (3)   Side and Rear Perimeters:
            (a)   If a non-buildable lot abutting an arterial or collector street is created pursuant to Section 11-04-04.4.E(2), Side and Rear Lot Line/Property Lines, it shall be landscaped pursuant to Subsection B below.
         (b)   If the buffer required by Section 11-04-04.4.E(2), Side and Rear Lot Line/Property Lines, is located within one or more platted lots, only the required side and/or rear setbacks on those lots (not the entire depth of the buffer shall be landscaped pursuant to Subsection B below.
         (c)   Fences and walls shall not be placed within the following areas:
            i.   The internal boundary of the required landscape buffer;
            ii.   A minimum of five feet from the back of attached sidewalks;
            iii.   At the back of sidewalks separated from the curb by landscaping (unless the fence is not higher than four feet tall); or
            iv.   15 feet from back of curb.
      B.   Other Side and Rear Perimeter Buffers:
         (1)   Applicability: Side and rear landscape buffers shall be required for all boundaries of Multiple-Family Dwelling, mixed-use, and nonresidential developments that are not adjacent to collector or arterial streets as shown on the current Ada County Highway District Master Street Map.
         (2)    Size and Location: Unless a zero setback is applicable, landscape buffer widths shall be based on the required setbacks of the underlying zoning district or the minimum width to accommodate the required plantings at full maturity, whichever is greater. All required side and rear buffers shall be located within the property and shall be maintained by the property owner. Where a utility easement is present, buffers shall be located adjacent to but not interfere with the easement.
         (3)   Parking Lot/Vehicular Use Area Buffers:
            (a)   If an interior side or rear lot line/property line is adjacent to a parking lot or other vehicular use area including but not limited to vehicle sales areas, truck and bus parking areas and driveways the perimeter landscape strip shall be planted with one tree per 40 lineal feet.
            (b)   Species shall be selected from the Treasure Valley Tree Selection Guide or an alternative approved by Community Forestry.
            (c)   Clustering of trees is allowed, but clustered trees shall be spaced no closer than 80 percent of the average mature width of the trees, except as otherwise allowed by Community Forestry.
            (d)   In the event of a conflict between the standards in Subsection (a) above and the standards in Section 11-04-09.5.B(4), Lot Buffers Between Different Land Uses below, the standard requiring the more intense visual screen, as determined by the Planning Director, shall apply.
       C.   Lot Buffers Between Different Land Uses:
         (1)   Applicability: Lot buffers shall be required along the entire contiguous property lines between Residential uses and mixed-use or nonresidential uses.
         (2)   Required Landscaping: Required buffering shall be of one of the following four different types of landscaping, each of which has a defined purpose, but all of which shall be required to provide visual buffering to a height of eight feet above grade at maturity.
            (a)   Type A - Screened Separation: Type A landscaping is intended to function as a full screen and visual barrier.
Figure 4.27. Type A Landscaping
             (b)   Type B - Filtered Screen: Type B landscaping is intended to function as a visual separator.
Figure 4.28. Type B Landscaping
            (c)   Type C - Visual Enhancement: Type C landscaping is intended to function as a partial visual separator that softens the appearance of parking areas and building elevations.
Figure 4.29. Type C Landscaping
            (d)   Type D - Other: Type D landscaping is all other landscaped areas that do not quality as Type A, B, or C landscaping.
         (3)   Standard Buffer Types:
            (a)   Each required standard buffer shall comply with the buffer widths and planting requirements in Table 11-04.17 below.
 
TABLE 11-04.17: STANDARD BUFFER TYPES
STANDARD
TYPE A
TYPE B
TYPE C
TYPE D
PRIMARY PLANT MATERIALS [1]
A mix of primarily evergreen trees and shrubs
A mix of evergreen and deciduous trees and shrubs
Primarily deciduous trees
Native and low maintenance trees and shrubs, flower and perennial beds, and limited lawn areas
PLANT SPACING
The selected plant materials and configuration shall provide full horizontal screening of the site feature or adjacent property within six years of installation.
Trees provided at the rate of one tree per 40 linear feet of landscape strip
Trees provided at the rate of one tree per 40 linear feet of landscape strip
N/A
ADDITIONA L PLANTING MATERIALS
Groundcover
Groundcover
Shrubs and groundcover
N/A
ALTERNATI VE LANDSCAPI NG
N/A
Alternative tree spacing will be considered provided the plant materials and configuration meet the intent of the standards within three years of planting.
Alternative tree spacing will be considered provided the plant materials and configuration meet the intent of the standards within three years of planting.
N/A
Notes:
[1]   All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls, and berms may also be incorporated into the buffer area.
 
            (b)   Standard buffer types A, B, C, and D shall be required in the adjacent use situations shown in Table 11-04.18 below.
               i.   Standard buffer types A, B, C, and D shall be required in the adjacent use situations shown in Table 11-04.18 below.
TABLE 11-04.18: REQUIRED LANDSCAPE SEPARATORS AND BUFFERS
ADJACENT USES AND ZONING
PROPOSED NEW DEVELOPMENT
SINGLE-FAMILY DETACHED
EXISTING RESIDENTIAL IN NONRESIDENTIAL ZONING DISTRICT
NONRESIDENTIAL USE OR VACANT LOT IN NONRESIDENTIAL ZONING DISTRICT
STREET RIGHT-OF-WAY [2]
PUBLIC TRAIL OR OPEN SPACE
WITH FENCE [1]
WITHOUT FENCE [1]
WITH FENCE [1]
WITHOUT FENCE [1]
TABLE 11-04.18: REQUIRED LANDSCAPE SEPARATORS AND BUFFERS
ADJACENT USES AND ZONING
PROPOSED NEW DEVELOPMENT
SINGLE-FAMILY DETACHED
EXISTING RESIDENTIAL IN NONRESIDENTIAL ZONING DISTRICT
NONRESIDENTIAL USE OR VACANT LOT IN NONRESIDENTIAL ZONING DISTRICT
STREET RIGHT-OF-WAY [2]
PUBLIC TRAIL OR OPEN SPACE
WITH FENCE [1]
WITHOUT FENCE [1]
WITH FENCE [1]
WITHOUT FENCE [1]
SINGLE-FAMILY ATTACHED & MULTIPLE-FAMILY (UP TO 3 STORIES)
B or C
A
B or C
A
A, B, C, or D
A, B, C, or D (storefront building frontages are exempt)
A, B, C, or D
OFFICE, COMMERCIAL, AND MIXED-USE (UP TO 3 STORIES)
B or C
A
B or C
A
A, B, C, or D (storefront building frontages are exempt)
OFFICE, COMMERCIAL, AND MIXED-USE (> 3 STORIES)
B or C
A
B or C
A
INDUSTRIAL
B or C
A
B or C
A
A, B, C, or D
PARKING AREA
A or B
N/A
B or C
A
C
C
A, B, C, or D
SERVICE, LOADING, OR WASTE MANAGEMENT AREA
A
N/A
A or B
A or B except where designed as a shared service areas with adjacent property
A
A or B
Notes:
[1]   Fence refers to a privacy fence placed at or near the property line and behind the landscaping. Fences shall have a maximum height of six feet in residential areas and eight feet in commercial/industrial areas.
[2]   Buffer width shall follow the minimum setback of the underlying zoning district or the minimum width to accommodate the required plantings at full maturity, whichever is greater.
 
          (4)   Additional Standards:
            (a)   Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six feet tall is provided, the planting requirement may be reduced to at least one tree per 40 lineal feet, plus shrubs, lawn, or other vegetative groundcover, in lieu of the requirements of Subsections (2) and (3). Clustering of trees is allowed, but trees shall be spaced no closer than 80 percent of the average mature width of the trees, except as otherwise allowed by Community Forestry.
            (b)    Chain-link fencing does not qualify as a screening material. If a chain link fence shall be installed for security or other reasons, the buffer shall still be landscaped as described in Subsections (2), (3), and (4).
            (c)   Landscaping and screens shall not eliminate required pedestrian access between Residential zoning districts and other districts or land uses.
            (d)   Landscaping and screens shall not conflict with utility easements.
   6.   Parking Lot Interior Landscaping:
      A.   Applicability: Interior parking lot landscaping shall be required in any parking lot with 10 spaces or more, including vehicle sales lots, as listed in Table 11-03.1 : Table of Allowed Uses.
      B.   Planter Design and Size:
         (1)   Landscaping shall be installed in planter islands or stormwater infiltration swales designed to allow infiltration and passive treatment of stormwater, as shown in Figure 4.30 .
Figure 4.30. Landscaping Swale
         (2)    Planter islands or swales shall be a minimum of eight feet in width for Class II or III trees and 10 feet for Class I trees and shall be at least equal in length to the adjacent parking spaces. Dimensions are measured inside curbs.
      C.   Landscaping Locations:
         (1)   No linear grouping of parking spaces shall exceed 10 in a row, without an interior planter island or swale.
         (2)   Interior planter islands or swales shall be used to guide major traffic movement within the parking area.
         (3)   Terminal planter islands or swales shall be provided at the ends of rows of parking to protect parked vehicles and confine moving traffic to aisles and driveways.
         (4)   Interior planter islands or swales shall be distributed as evenly as practicable to reduce the visual impact of long rows of parked cars.
         (5)   Internal parking lot walkways shall include shade trees planted along at least one side of the walkway and spaced at a minimum of one tree per 30 linear feet.
Figure 4.31. Internal Parking Lot Planting Standards
      D.     Trees Required:
         (1)     Each interior or terminal planter island or swale that serves a single row of parking spaces shall be landscaped in compliance with Type C landscaping as described in Section 11-04-09.5.C(2)(c) and at least one Class III tree.
         (2)   Each interior or terminal planter island or swale that serves a double row of parking spaces shall have at least two Class II trees and shall be covered with low shrubs or other vegetative groundcover.
         (3)   Class I trees shall only be allowed where a larger class of tree would create conflicts with overhead utility lines.
         (4)   Deciduous shade trees shall be pruned to a minimum height of eight feet above the adjacent parking areas. Evergreen trees are prohibited in interior planters.
Figure 4.32. Parking Lot Interior Landscaping
      E.    Lights Prohibited: Light poles and fixtures shall be located outside of landscape planter islands, landscape buffers or swales that contain required trees.
   7.   Building Foundation Planting: All street-facing building elevations, except for those in the MX-5 zoning district and those located within 20 feet of the front lot line/property line in the MX-1, MX-2, MX-3, and MX-4 zoning districts, shall have landscaping along any exposed foundation except those portions of the buildings that provide access for pedestrians or buildings to the building. Foundation landscaping shall comply with the following standards:
      A.    The landscaped area shall be at least three feet wide and shall not impede the passage of pedestrians on the adjacent sidewalk.
      B.   There shall be at least one three-gallon shrub for every three feet of linear foundation.
      C.   Ground cover plants shall fully cover the remainder of the landscaped area.
   8.   Tree Preservation: All development shall comply with the following standards.
      A.   Credit Towards Required Landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping.
      B.   Parking Reduction: Healthy desirable trees may be preserved in exchange for a parking reduction as set forth in Section 11-04-08.7.D, Tree Preservation.
      C.   Mitigation Trees:
         (1)   Each healthy desirable tree with four inch caliper or greater that is removed shall be replaced with one or more trees with a combined caliper equal to the caliper of the tree that was removed.
         (2)   Each required replacement tree shall be of one-and-one-half inch caliper or greater.
         (3)   Required replacement trees shall be located either on-site or off-site based on the recommendation of the City Forester.
      D.   Protection During Construction:
         (1)   Applicants shall coordinate with Community Forestry during construction to ensure adequate tree protection. Trees within a construction area shall be evaluated by a certified arborist, and a tree inventory of the site should be used to develop a tree protection plan that includes tree descriptions, protection fences, protection of root zones, and other information identified by the City Forester.
         (2)    Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction. Protection barriers around existing trees are required for the duration of construction. Protection barriers shall be an immovable metal fence with no door or access within the tree protection zone and a minimum height of six feet and shall be installed prior to construction with adequate signage.
         (3)   Irrigation shall be provided within the tree protection zone throughout the duration of construction and shall be removed, when appropriate, in conjunction with the installation of permanent irrigation. Acceptable irrigation delivery methods include but are not limited to drip irrigation, above ground sprinklers, soaker hoses, or tanks.
         (4)   Construction within the tree protection zone of existing trees shall be avoided to the maximum extent practicable, but where construction activities shall occur, they shall comply with the following standards:
            (a)   Between six and 12 inches of mulch/wood chips or four inches of mulch with ground protection mats on top shall be used to reduce soil compaction.
            (b)   Trunk protection shall be installed to the maximum extent practicable for trees that are near impervious surfaces, or where vehicles or pedestrians performing work within the tree protection zone may cause damage.
            (c)   Impervious surfaces may be allowed at a distance from the trunk of a retained tree not less than the diameter at breast height plus five feet.
            (d)   If excavation is required within the critical root zone, air spading, hand digging, and/or boring methods shall be used, and if root pruning within the critical root zone is required, pruning shall be performed by hand, to the maximum extent practicable.
            (e)   Grade changes within the critical root zone of existing trees shall be avoided to the maximum extent practicable and are only permitted following a recommendation by the City Forester or a certified Arborist.
            (f)   Tree pruning for clearance shall be performed by a certified Arborist prior to construction.
            (g)   New underground utilities to be placed within the critical root zone of existing trees shall be installed as pursuant to Section 11-04-09.3.F(3)(c), Trenching.
   9.   Stormwater Integration:
      A.   Purpose: The purpose of this Section 11-04-09 .9 is to encourage the incorporation of vegetated, well-designed stormwater filtration swales into landscape areas where topography and hydrologic features allow. Such integrated site designs improve water quality and provide a natural, effective form of flood and water pollution control. Landscape areas that incorporate stormwater swales shall generally be in addition to the landscaping required by this Section.
      B.   Design Standards: New Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the following standards to the maximum extent practicable, after initial consultation with Planning and Development Services and Public Works Departments regarding the appropriateness of the site and initial designs. Additional information regarding stormwater system design is provided in the Boise Stormwater Design Manual and Stormwater Plant Materials Resource Guide, that are available from the Public Works Department.
         (1)   Street Swales: Except for Industrial Uses, as listed in Table 11-03.1 : Table of Allowed Uses, swales shall not be located in required landscape buffers along streets. Swales located along streets within required landscape buffers may be approved through the Alternative Compliance process in Section 11-04-09 .11. Swales located within street buffers shall meet the following standards:
            (a)   Swales shall not exceed twelve inches in storage depth;
            (b)   The beginning of the swale slope hall be separated from the edge of the sidewalk by a minimum of two feet;
            (c)   Street trees shall be provided as required by this Section;
            (d)   Rapid sand infiltration windows shall be integrated for timely drainage of stormwater; and
            (e)   No infiltration basins are allowed.
         (2)   Perimeter Buffers: Swales located within required buffers in side and rear yards shall meet the following standards:
            (a)   Swales shall not exceed 18 inches in storage depth;
            (b)   Trees shall be provided as required by this Section; and
            (c)   Rapid sand infiltration windows shall be integrated for timely drainage of stormwater.
         (3)   Materials and Design:
            (a)   Gravel, rock, or cobble on the surface of swales shall not exceed 20 percent of the surface area of the bottom of the swale. Cobble may be incorporated into required landscape areas if designed as a dry creek bed or other design feature.
            (b)   Stormwater swales shall be vegetated with appropriate plant materials. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels. Examples of appropriate plants materials include, but are not limited to:
               i.   Trees: River Birch (Betula nigra), American Hornbeam (Carpinus caroliniana), Sweetgum (Liquidambar styraciflua), Cottonwood (populus trichocarpa), Willow (Salix spp), Sycamore (Platanus occidentalis) and Mountain Alder (Alnus tenuifolia).
               ii.   Shrubs: Red Osier Dogwood (Cornus sericea), Serviceberry (Amelanchier alnifolia), Rhododendrons (Rhododendron sp.), American Cranberry Bush (Viburnum trilobum), Golden Currant (Ribes aureum) and Drummond Willow (Salix drummondiana).
               iii.   Groundcovers: Sedges (Carex sp.), Spike Rush (Eleocharus acicularis), Maiden Grass (Miscanthus sp.), and Fountain Grass (Pennisetum sp.).
               iv.   Comprehensive List: A comprehensive and updated list of appropriate plant materials can be found on the City website and should be consulted.
            (c)   Organic mulch shall not be used adjacent to the flow path. Plant material shall be installed adjacent to the flow path and infiltration area to aid in capturing sediment and reducing clogging.
            (d)   Open water ponds and holding areas with a permanent water level are not permitted in required landscape or buffer areas, except along Interstate-84. However, ponds that are aesthetically designed with special grading and vegetative features may be approved as provided for through Alternative Compliance.
            (e)   Slopes shall not exceed three to one (3:1, horizontal: vertical).
   10.   Fences, Walls, and Screening:
      A.   Permitted Fencing and Screening Materials:
         (1)   In Historic Districts, a Certificate of Appropriateness is required for fences made with any material other than wood or wrought iron.
         (2)   Electric fences are prohibited.
         (3)   Barbed wire is permitted only in the I-1 and I-2 zoning districts unless the Planning Director determines that it is necessary for public safety and security related to a specific use, and only as the top section of a security fence. Barbed wire shall be located at least 72 inches above grade.
         (4)   Walls, lattices, and screens shall be considered to be fences.
         (5)   Boxes, sheet metal scraps, old or decayed wood, broken masonry blocks, or other unsightly materials are prohibited.
         (6)   Chain-link fencing shall not qualify as a screening material.
      B.   Permitted Fences:
         (1)   In Residential and Mixed-Use zoning districts, maximum fence heights are as follows:
            (a)   Solid fences to a height of 36 inches or open-vision fences to height of 48 inches may be built within the front yard setback. Open-vision may include slatted fences where the gap width is at least 50 percent of the slat width.
            (b)   Fences to a height of 72 inches may be built within the setbacks along the rear and side property lines. The Planning Director may authorize a greater height if the Planning Director determines the additional height is necessary for public safety and security related to a specific use.
            (c)   Fences between the front setback and the front of the building may be built to a height of forty-eight inches, except that the Planning Director may approve a greater height to appropriately screen windows from headlights or other disruptive lighting impacts from the street.
            (d)    One ornamental gate or entryway in a front or street side setback may be allowed to exceed the fence height limits, provided the gate or entryway does not exceed eight feet in height by six feet in width, and is not located within a clear vision triangle.
Figure 4.33. Ornamental Gate or Entryway Dimensions
         (2)   Standards Applicable to All Fences:
            (a)   The property owner installing the fence shall locate the fence entirely on their property or within an easement unless agreements are made with the abutting property owners.
            (b)   If a fence is to be erected upon and within public right-of-way, approval shall also be obtained from the ACHD.
            (c)   In Mixed-Use zoning districts, concrete and masonry walls of any height and fences over seven feet tall shall be approved by the Building Department.
            (d)   Fences, walls, or plantings on or within the clear vision triangle shall be limited to 36 inches in height.
            (e)    Multiple fences, railings, and/ or privacy screens within setbacks shall be separated by a minimum distance of five feet in order to be considered separate
Figure 4.34. Fence Separation in Setbacks
            (f)   All fences shall be maintained in accordance with Section 11-04-013.1, Landscaping, Buffering, and Screening Maintenance.
      C.   Retaining Walls: The following shall apply to retaining walls located within setbacks:
         (1)   Individual retaining walls shall not exceed 36 inches in height when located within a front setback or clear vision triangle.
         (2)   Individual retaining walls shall not exceed 72 inches in height when located within any other setback.
         (3)    Walls shall be separated by a minimum distance of five feet in order to be considered as separate walls.
Figure 4.35. Distance for Separation
         (4)    If the wall is located in the HS-O district, multiple walls with a combined height that exceeds the height allowed in the setback may be approved through the Category 2 Hillside Development Permit process if the design complies with the following conditions:
            (a)   The additional height is necessary and appropriate because of the size, configuration, topography, or other unique characteristics of the property;
            (b)   The Planning Director and City Engineer have jointly determined that the height, location, and grading for the walls are the minimum necessary for reasonable development of the property;
            (c)   The additional height will not have any substantial detrimental effect on adjacent or nearby properties;
            (d)   Terraces between the walls are of sufficient width and depth to accommodate landscaping or other techniques designed to reduce the visual impact. Conditions requiring such techniques shall be incorporated into the permit; and
            (e)   Clear vision triangles are free of obstructions that exceed 36 inches in height.
      D.   Screening:
         (1)   Applicability: This Section 11-04-09 .10.D shall apply to all Multiple-Family Dwelling, mixed-use, and nonresidential development in all districts, except the I-2 zoning district when not adjacent to residential uses.
         (2)   Parking and Storage Areas: All parking and storage areas including vehicle sales areas, truck parking areas, bus parking areas, and service drives shall comply with the following standards:
            (a)   A solid Type B screen at least five feet deep, with a height not less than eight feet shall be provided when a parking lot is adjacent to the side and/or rear yard of a residential land use.
      (3)   Service Areas:
            (a)   All developments shall comply with all applicable regulations, ordinances, and design standards for solid waste adopted by the City, including specifics around site design and solid waste service. If there is a conflict between the requirements of this Section and solid waste design standards, the Planning Director in consultation with the Director of Public Works shall determine which standard shall apply.
            (b)   Service areas visible from the street, pathway, public space, or parking area shall be enclosed and screened around their perimeter by a durable wall or fence at least six feet high.
            (c)   Developments shall use materials and detailing consistent with primary structures on-site. Acceptable materials include brick, concrete block, or stone.
            (d)   The sides and rear of the enclosure shall be screened with Type A, B, or C as described in Section 11-04-09 . 5.C(2), at least five feet deep in locations visible from the street, dwelling units, customer parking areas, or pathways to soften the views of the screening element and add visual interest.
            (e)   Collection points shall be located and configured so that the enclosure gate swing does not obstruct pedestrian or vehicle traffic or does not require that a hauling truck project into any public right-of -way.
Figure 4.36. Service Area Enclosure and Landscaping Requirements
         (4)    Mechanical and Utility Equipment:
            (a)    Roof-Mounted:
               i.    Roof-mounted mechanical equipment shall be integrated into the building's overall design so as not to be visible from five feet above ground on any lot line/property line, and from any adjacent public rights-of-way or open spaces to the maximum extent practicable.
               ii.   Where integration to avoid visibility is not practicable, roof-mounted mechanical equipment shall be screened from view from five feet above ground on any lot line/property line, and from any adjacent public rights-of-way or open spaces using parapet walls or an enclosure using one of the primary building façade colors to surround the equipment.
Figure 4.37. Roof-Mounted Screening
            (b)    Ground-Mounted: Ground-mounted mechanical equipment located within view of customer entrances and public rights-of-way or open spaces shall be integrated into the overall site design, the architectural design of the building, and screened from public view using one or a combination of the following:
                i.    A decorative wall, fence or enclosure that is constructed of one of the primary materials and colors used on the adjacent façade of the building, and of a height that is not less than the height of the equipment to be screened; or
Figure 4.38. Ground-Mounted Equipment Wall Enclosure
            ii.    Landscaping that is of sufficient height at maturity and of opacity to effectively soften and screen views of the equipment, and that is integrated into the overall landscape plan.
Figure 4.39. Ground-Mounted Equipment Wall Enclosure
   11.   Alternative Compliance:
      A.   Purpose: The purpose of this Section 11-04-09.11 is to provide for alternative means to meet the intended purposes of the landscaping requirements in this Section 11-04-09 when explicit compliance is not practicable or the alternative means are superior to what is required.
      B.   Process:
         (1)   General: The applicant shall request Alternative Compliance in conjunction with the submittal of a Zoning Certificate, Conditional Use Permit, or Design Review application, or upon the determination that the development does not comply with the specific provisions of this Section 11-04-09, at the applicant's option. The request will be considered by the same approval body as the base application. The request shall specify:
            (a)   The specific requirements that are proposed to be modified;
            (b)   The reasons for the modification; and
            (c)   A demonstration of how the alternative means for compliance meets the requirements' intended purpose.
         (2)   Stormwater Swales: Stormwater swales within front setbacks can be approved administratively provided that the landscape plans approved by the applicable approval body are not changed substantially and comply with Section 11-04-09.9. A landscape plan with swale construction details that incorporates the landscape design shall be submitted for the staff level review.
      C.   Standard: The proposed alternative means for compliance with the specific requirements shall demonstrate that the alternative provides an equal or superior means of meeting the intent and purpose of the regulation.
      D.   Required Findings: An application for Alternative Compliance may be approved if the Planning Director determines that:
         (1)   Strict adherence or application of the requirements is not practicable because one of the following conditions exist:
            (a)   Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;
            (b)   The site involves space limitations or an unusually shaped lot;
            (c)   Safety considerations;
            (d)   Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this Section;
            (e)   The proposed design includes innovative design features based on "new urbanism," "neotraditional design," or other site designs that promote walkable and mixed use neighborhoods; or
            (f)   Environmental quality benefits.
         (2)   The Alternative Compliance provides an equal or superior means for meeting the requirements; and
         (3)   The alternative means will not be detrimental to the public welfare or adversely affect the uses and character of surrounding properties.
   12.   Compliance with Design Standards:
      A.   In addition to the standards required by this Section 11-04-09 , all Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the standards and other mandatory content in the Citywide or Downtown Design Standards and Guidelines, as applicable in the area where the property is located.
      B.   In the event of a conflict between the standards in this Section 11-04-09 and applicable standards in the Citywide or Downtown Design Standards and Guidelines, the provision requiring the higher level of visual building quality and interest, as determined by the Planning Director, shall apply. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-010: ASSURED WATER SUPPLY:

   1.   Purpose: Boise City is committed to appropriate growth that does not exceed the supply of available water. The purpose of this Section is to confirm, prior to planning approval, the long-term adequacy of water supplies to serve the development or redevelopment of land. The City recognizes that water supply is regulated by several state agencies and does not intend this regulation to duplicate or conflict with such jurisdiction. Pursuant to the Local Land Use Planning Act (LLUPA), however, the City will consider the impact of development on water supplies and water quality. Assured water supply requirements are intended to provide protection and benefit to residents, the development community, designated water providers, and other regulatory agencies by ensuring that land development and growth aligns with long-term water supply needs. This Section is intended to supplement the roles and responsibilities of the State of Idaho's water supply regulators solely for planning and zoning purposes, to confirm that water resources will be available to serve continued growth in Boise.
   2.   Applicability:
      A.   Unless otherwise exempt pursuant to Section 11-04-010.3 below, beginning July 1, 2024, the following development shall demonstrate that it has an Assured Water Supply by providing an analysis that meets the requirements of 11-04-010.5 as part of the development application process:
         (1)   All proposed development on previously undeveloped lands; or
         (2)   All proposed redevelopment that:
            (a)   Includes the creation of five or more total dwelling units; or
            (b)   Is in a Groundwater Management District (GMD) defined by Idaho Statute 42-5224; Critical Groundwater Area (CGA) or Groundwater Management Area (GMA) defined by Idaho Statute 42-233A and 233B, respectively; or an Aquifer Recharge District (ARD) defined by Idaho Statute 42-4202.
      B.   These requirements apply whether or not the proposed development or redevelopment requires a Subdivision of Land.
   3.   Exemption: The Planning Director may exempt a project from the requirements of this Section if the applicant has submitted information demonstrating that, upon completion of the project and issuance of all required use and occupancy permits, the development or redevelopment will not increase total consumptive water use when compared to the use of the property at the time of application.
   4.   Designated Water Provider: Every provider of water for drinking or general domestic use as a public utility, with a service area within the City limits or the City Area of Impact and that intends to serve any proposed redevelopment or new development subject to the provisions of this Section, is required to be certified as a Designated Water Provider by demonstrating it has an Assured Water Supply, as defined in Subsection 5 and approved by the Planning Director or designee.
   5.   Elements of Demonstrating Assured Water Supply: To demonstrate a water supply is assured, the information provided shall meet the following criteria. A Designated Water Provider shall base its analysis of the criteria upon reasonable population projections within the existing certificated service area. An individual applicant shall base its analysis on the maximum permitted occupancy of the proposed development or redevelopment:
      A.   Physical and Legal Water Availability:
         (1)   An individual applicant shall demonstrate that it has sufficient physical and legal water availability by providing a copy of its water right permit or license issued by the Idaho Department of Water Resources, or a decreed water right issued by a court of competent jurisdiction, with a permitted quantity in an amount sufficient to supply water to the maximum occupancy of the development. If the applicant does not have a water right permit, license, or decreed water right at the time of application, the applicant may submit, in the alternative, a hydrologic analysis demonstrating the physical availability of water supply for the demand of the development or redevelopment. In such case, any approval will be conditioned on the issuance of a water right permit or license.
         (2)   A Designated Water Provider shall demonstrate that it has sufficient physical and legal water availability by providing:
            (a)   A copy of the water right permit(s) or license(s) issued by the Idaho Department of Water Resources or water right(s) decree issued by a court of competent jurisdiction; and
            (b)   A hydrological analysis demonstrating the physical water supply, under such right(s), when used consistently over time, will be sufficient to meet the total forecasted demand at full build out within the existing certificated service area.
         (3)   A hydrological analysis shall include, at minimum, the following elements:
            (a)   A description of the study area;
            (b)   A description of all supply sources;
            (c)   Current annual demand, committed demand, and project future demand;
            (d)   Summary of depth to static water levels; and
            (e)   aquifer characterization and evaluation.
      B.   Continuous Water Availability:
         (1)   Demonstrate the redundancy in supply and delivery of water will be continuous and reliable under any reasonably foreseeable circumstance such as, but not limited to, peak demand in consideration of available supply and facilities, climate change, and priority administration of water rights for the 50 year period to service the:
            (a)   Proposed development for an individual applicant; or
         (b)   Forecasted total demand at full buildout within the existing certificated service area for a Designated Water Provider.
         (2)   For surface water, this may include consideration of historic diversions and volumes available compared to the maximum authorized diversions and volumes, as well as the timing of supply compared to timing of demand. For ground water, this may include consideration of historic well production compared to ground water elevations at the well(s), as well as historic recharge and recovery of aquifer storage and recharge well(s). The analysis of the reliability and continuity of water supply shall include long-term agreements, percentage of supply provided by each source, a description of the integration of all supply sources to meet demand under representative water-year types (wet, normal, dry, critically dry) and a drought plan.
      C.   Adequate Delivery and Quality: Approval of the development application will be conditioned on meeting applicable state requirements for adequate water delivery, storage, treatment works, and water quality. For purposes of certification, the Designated Water Provider shall provide its long-term capital improvement or facilities plan as part of this requirement.
      D.   Compliance with GMD, CGA, GMA, ARD Standards: If the application is located in a Groundwater Management District (GMD), Critical Groundwater Area (CGA), Groundwater Management Area (GMA), or Aquifer Recharge District (ARD), approval of the development application will be conditioned on meeting applicable state standards and requirements.
      E.   Standards and Guidelines: Established City standards and guidelines, as hereafter adopted or as amended, for implementing the Assured Water Supply provisions and conducting the Assured Water Supply analysis, are incorporated by reference and made a part of this Section and shall be enforced as requirements of this Code.
   6.   Proof of Assured Water Supply Required:
      A.   Proof of an Assured Water Supply, as defined in Subsection 5 above, may be provided by:
         (1)   A letter from a Designated Water Provider committing all or a portion of its Assured Water Supply to meet the anticipated water demands of project completion; or
         (2)   Information and analysis from the applicant, prepared and submitted at the applicant's expense, confirming an Assured Water Supply for project completion.
      B.   Applicant shall comply with all licensure requirements of Idaho state code, to the extent submission of information within such analysis is subject thereto.
   7.   Representations: The proof of Assured Water Supply shall be submitted on a form acceptable to the City Attorney and include a written representation by the Designated Water Provider or the applicant, that:
      A.   The information is true and complete to the best of their knowledge;
      B.   The representations are binding upon the signing party and its successors in interest; and
      C.   The individual executing the letter or analysis, as applicable, has any and all required authorization to submit the materials.
   8.   Certification and Required Recertification: Upon review and approval of the proof by the Planning Director, the application is certified to have met the requirements of this Section, provided that the applicant or Designated Water Provider, as applicable, shall recertify proof of its Assured Water Supply if any of the follow occur:
      A.   By the Designated Water Provider:
      (1)   More than 10 years have passed since obtaining approval by the Planning Director or designee of its Assured Water Supply;
      (2)   The Designated Water Provider applies to enlarge its certificated service area; or
      (3)   The city has experienced extreme or exceptional drought, according to the United States Drought Monitor, for a majority of months within each calendar year for a period of three consecutive years.
      B.   By the Applicant: If prior to completion:
         (1)   More than 10 years have passed since obtaining approval by the Planning Director or designee;
         (2)   The project, subject to the application, has changed in scope such that there is a change in the type or intensity of water demand; or
         (3)   The city has experienced extreme or exceptional drought, according to the United States Drought Monitor, for a majority of months within each calendar year for a period of three consecutive years. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-011: EXTERIOR LIGHTING:

   1.   Purpose: The purpose of this Section 11-04-011 is to provide for exterior lighting to enhance safety, minimize light trespass from developed areas, reduce sky-glow, improve nighttime visibility through glare reduction, encourage lighting techniques and systems that conserve energy, reduce the adverse effects light can have to wildlife behavior and reproduction, and reduce development impact on nighttime environments.
   2.   Applicability:
      A.   All outdoor lighting in all zoning districts shall comply with the standards in this Section 11-04-011 unless exempted by Subsection B below or by another provision of this Code.
      B.   The following are exempt from this Section 11-04-011:
         (1)   Luminaires with lamps of 100 watts or less in Residential zoning districts;
         (2)   Emergency lighting used by police, fire fighting, or medical personnel, or at their direction;
         (3)   Traffic control devices and luminaires on these devices installed by the City or other governmental entity;
         (4)   Navigational lighting systems at airports and other lighting necessary for aircraft safety;
         (5)   Holiday lighting and seasonal decorations using typical unshielded low-intensity incandescent lamps; and
         (6)   Lighting for temporary festivals, carnivals, or other amusements lasting less than 14 consecutive days, provided the lighting is turned off within 30 minutes after the last event of each day.
   3.   Prohibited Lighting: The following types of exterior lighting are prohibited:
      A.   Any lighting that could interfere with the safe movement of motor vehicles, bicycles, or pedestrians on public or private streets;
      B.   Searchlights and rotating beacons;
      C.   Laser, strobe, and or flashing light sources or any similar high intensity light for outdoor advertising or entertainment;
      D.   Mercury vapor and low-pressure sodium lighting; and
      E.   Tower lighting, unless required by the Federal Aviation Administration (FAA).
   4.   General Standards: All exterior lighting for all uses, other than the I-2 zoning district, shall comply with the following standards.
      A.   Lighting Types and Efficiency:
         (1)   Light sources shall be color-correct types such as Halogen, LED, or metal halide.
         (2)   All lighting shall have a nominal correlated color temperature (CCT) of no greater than 3,500 degrees Kelvin.
         (3)   All exterior light fixtures shall generate at least 80 lumens per watt of energy consumed, as shown on the manufacturers' specifications for the fixture.
      B.   Shielding:
         (1)   All lighting fixtures, except motion detector-activated lighting, shall be fully shielded so that the lighting element is not visible to an observer at any property line.
         (2)   Unless otherwise specified, all lighting fixtures shall be full cutoff type as installed.
Figure 4.40. Examples of Full-Cutoff Light Fixtures
Figure 4.41. Example of Required Light Cutoff
         (3)   A lighting fixture may beam light upward only if all upward light is reflected back down by a canopy, roof, or other such structure.
      C.    Light Trespass: All lighting shall be designed so that the lighting level at each property line that does not front on a public or private street shall not exceed 1.0 footcandle.
Figure 4.42. Light Trespass
      D.    Reduced Lighting During Evening Hours: All outdoor light fixtures within Residential, Mixed-Use, Industrial, and Open Land districts shall remain off between 11:00 p.m. and sunrise except for security purposes or to illuminate walkways, driveways, equipment yards, and parking lots.
      E.   Maintenance: All outdoor light fixtures shall be maintained in accordance with Section 11-04-013.2, Exterior Lighting.
      F.   Parking Lots or Areas:
         (1)   Average luminance values in surface parking areas shall be a maximum of four footcandles.
         (2)   Parking lot poles shall not exceed 20 feet in height.
         (3)   Pedestrian walkways and bicycle paths in parking areas shall be lit with pedestrian-scale lighting as described in Subsection H, below.
      G.   Canopy Lighting: Light fixtures installed in canopies, pavilions, drive-through bays, or similar structures shall be flush-mounted or recessed above the lower edge of the canopy and shall be equipped with flat lenses that do not project below the canopy ceiling. The canopy fascia shall not be internally illuminated.
Figure 4.43. Example of Canopy Lighting
      H.    Pedestrian-Scaled Lighting: All on-site pedestrian walkways shall be lit with bollard lamps with shatterproof lamp coverings that direct light downwards, mounted no higher than four feet above grade.
      I.   Lighting Within Planter Islands and Landscape Buffers: Lighting fixtures and poles shall not be located in planter islands or landscape buffers or in any location that will in the future interfere with the natural growth of required trees.
   5.   Alternative Compliance:
      A.   Purpose: The purpose of this Section to provide for alternative means to meet the intended purposes of the exterior lighting requirements in this Section 11-04-011 when explicit compliance is not practicable, or the alternative means are superior to what is required.
      B.   Process: The applicant shall request Alternative Compliance in conjunction with the submittal of a Zoning Certificate, Conditional Use Permit, or Design Review application, or upon the determination that the development does not comply with the specific provisions of this Section 11-04-011, at the applicant's option. The request will be considered by the same approval body as the base application. The request shall specify:
         (1)   The specific requirements that are proposed to be modified;
         (2)   The reasons for the modification; and
         (3)   A demonstration of how the alternative means for compliance meets the requirements' intended purpose.
      C.   Required Findings: An application for Alternative Compliance related to alternative lighting designs, materials, or methods of installation or operation not specifically prescribed by this Code may be approved if the Planning Director determines that:
         (1)   The Alternative Compliance provides an equal or superior means for meeting the requirements of this Section 11-04-011; and
         (2)   The alternative means will not be detrimental to the public welfare or adversely affect the uses and character of surrounding properties.
   6.   Historic Street Lights:
      A.   Applicability: The applicant shall install historic street lights in the following areas:
         (1)   Historic Districts;
         (2)   The Downtown Planning Area;
         (3)   Any other areas with historic character; and
         (4)   The shaded areas in the Downtown Historic Street Light Area shown in Figure 4.44;
Figure 4.44. Map of Downtown Historic Street Light Area
         (5)   The shaded street frontages on the Harrison Boulevard and Hyde Park Historic Street Light Areas shown in Figure 4.45 and Figure 4.46
Figure 4.45. Map of Harrison Boulevard Historic Street Light Area
Figure 4.46. Map of Hyde Park Historic Street Light Area
         (6)   The shaded street frontages on the Vista Historic Street Light Area shown on Figure 4.47, below.
Figure 4.47. Map of Vista Historic Street Light Area
         (7)   The shaded street frontages on the Warm Springs Historic Street Light Area shown on Figure 4.47.
Figure 4.48. Map of Warm Springs Historic Street Light Area
      B.   General Standards: Where required, historic street lights shall comply with the lighting and spacing requirements in this Subsection B, unless an exception to these standards in Subsection C applies.
         (1)   General:
            (a)   These standards establish general location requirements only; exact locations will be determined in consultation with the Director of Public Works.
            (b)   Historic street lights shall be located to match the street light on the opposite side of the street.
            (c)   When replacement is required, historic street lights shall be replaced in the same location.
         (2)   By Sub-District:
            (a)   Downtown District: As required by the latest approved Capital City Development Corporation design standards, except that the Grove Plaza, 30th Street Area, and Broad Street shall instead comply with the standards in Subsection C below.
            (b)   Vista Avenue District: Three lights per block evenly spaced along both sides of the street.
            (c)   Harrison Boulevard District: Lights shall be located at either end of the street and in each center island.
            (d)   Hyde Park District: 65 to 75 feet spacing, on both sides of the street.
            (e)   Warm Springs District: Three lights per block evenly spaced along both sides of the street.
      C.   Exceptions to General Standards:
         (1)   The Grove Plaza: Street lights in the Grove Plaza shown in Figure 4.49 shall be the Landscape Forms FGP 12 foot light, using model numbers and light requirements obtained from the Public Works Department, and with locations of light fixtures to be determined by the Public Works Department.
Figure 4.49. The Grove Plaza
      (2)   30th Street Area: Streetlights on Main Street south to I-184 and within the district boundary east and west, as shown on Figure 4.50, shall comply with the following standards:
            (a)   The light fixture for this area is the EPAX Eurotique Aluminum Pole Series 12 foot light, using model numbers and light requirements obtained from the Public Works Department.
            (b)   On east-west streets, four lights per block shall be installed and shall be evenly spaced.
            (c)   On north-south streets a light shall be installed at each alley.
            (d)   Locations of light fixtures shall be determined by the Public Works Department.
Figure 4.50. 30th Street Area
         (3)   Broad Street: Street lights on Broad Street from Capitol Boulevard to Second Street, as shown on Figure 4.51, shall comply with the following standards.
            (a)   The light fixture for this area is the EPAX Eurotique Aluminum Pole Series 12 foot, Eurotique Arms and Antique Street Lamps Munich Pendant, using model numbers and light requirements obtained from the Public Works Department.
            (b)   Light locations are to be determined by the Public Works Department.
Figure 4.51. Broad Street Area
      D.   Installation:
         (1)   All historic street lights shall be installed and paid for by the developer of the project, shall meet current Public Works standards and be approved and inspected by the Public Works Department.
         (2)   If the installation is not associated with a specific development, the applicant shall contract the work with technical assistance provided by the Public Works Department.
         (3)   Upon completion and successful inspection, the Public Works Department will accept ownership of the lights and assume responsibility for operation and maintenance costs. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-012: SIGNS:

   1.   Purpose: The purpose of this Section 11-04-012 is to:
      A.   Protect the health, safety, property, and welfare of the public;
      B.   Provide for the neat, clean, orderly, and attractive appearance of the community;
      C.   Improve the effectiveness of signs;
      D.   Provide for safe construction, location, erection, and maintenance of signs;
      E.   Minimize adverse visual safety factors to the traveling public; and
      F.   Comply with all applicable provisions of state and federal law regarding freedom of speech and sign content neutrality.
   2.   Applicability:
      A.   All signs and advertising devices within the City boundaries shall be established, altered, changed, erected, constructed, reconstructed, moved, divided, enlarged, demolished, or maintained in compliance with this Section 11-04-012.
      B.   This Section shall be interpreted and enforced so as to avoid violation or inconsistency with applicable state or federal law.
   3.   Prohibited Signs: The following signs are prohibited in all zoning districts, unless specifically permitted by another provision of this Section 11-04-012, this Code, or other City, state, or federal law.
      A.   Signs or posters that are visible from a public way and are affixed to walls, buildings, trees, poles, fences, bridges, or other structures;
      B.   Signs placed on any public street right-of-way, sidewalk, pole, bridge, or tree; such signs may be deemed nuisances and removed by the City without prior notice;
      C.   Banners, pennants, strings of lights, ribbons, streamers, balloons, mechanically aided, or similar devices that call attention rather than contribute to the establishment décor;
      D.   Portable signs except those allowed as temporary signs and those allowed in the MX-5 district.
      E.   Signs whose lighting, location or appearance would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings;
      F.   Any sign attached to or placed on a vehicle or trailer that is parked on public or private property or driven on public streets, except for signs that comply with the following standards:
         (1)   The primary purpose of such a vehicle or trailer is not the display of signs; and
         (2)   The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment; and
         (3)   The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets, and actively used or available for use in the daily function of the establishment to which such signs relate;
      G.   Roof signs;
      H.   Animated signs;
      I.   Strobe lights and flashing lights;
      J.   Any sort of sign used to advertise or display any visually communicated message by letter or by picture, of any kind, on any seating bench, or in direct connection with any bench unless authorized by the regional public transportation system authority as permitted from the Planning Director; and
      K.   Abandoned signs, including but not limited to any on-premises sign that relates to an establishment that no longer occupies or operates on the property where the sign is located.
   4.   Signs Not Requiring a Permit: The following shall be exempt from requirement to obtain a Sign Permit under Section 11-05-05.1.A or shall be required to comply with other applicable provisions of this Section 11-04-012, unless an exception or deviation from those standards is authorized by other provisions of this Code or other City, state, or federal law.
      A.   General Signs:
         (1)   Official notices authorized by a court, public body, or public safety official;
         (2)   Directional, warning or information signs authorized by a government;
         (3)   Memorial plaques, establishment identification signs and building cornerstones when cut or carved into a masonry surface or when made an integral part of the building or structure;
         (4)   The flag of government or noncommercial institution, such as a school;
         (5)   Religious symbols and seasonal decorations;
         (6)   Works of art containing no form of advertising;
         (7)   Street address signs and combination nameplate and street address signs that contain no advertising copy and that do not exceed six square feet in area;
         (8)   Signs oriented only to the property on which they are located and that are not visible from the public right-of-way, such as restaurant menu boards;
         (9)   Signs in the display windows of an establishment that are incorporated in a display of merchandise;
         (10)   "No Trespassing," "No Dumping," or similar signs not to exceed one and one-half square feet in area and not exceeding four per parcel;
         (11)   Window signs that maintain 25 percent or less aggregate area of the window area;
         (12)   Political signs that are not placed in any public right-of-way and do not obstruct traffic visibility; and
         (13)   Neighborhood identification, and wayfinding signage approved as a community program.
      B.   Temporary Signs:
         (1)   Non-illuminated real estate signs that comply with the following standards:
            (a)   One per residential parcel;
            (b)   One per frontage for nonresidential;
            (c)   Six square feet for a single residential lot;
            (d)   32 square feet in Residential and Open Land zoning districts; and
            (e)   64 square feet in Mixed-Use and Industrial zoning districts.
         (2)   Non-illuminated signs temporarily erected during construction to inform the public of the nature of the project that comply with the following standards:
            (a)   One per residential parcel;
            (b)   One per frontage for nonresidential parcel;
            (c)   Six square feet for a single residential lot;
            (d)   64 square feet in Residential and Open Land zoning districts;
            (e)   96 square feet in Mixed-Use and Industrial zoning districts; and
            (f)   Eight feet maximum height.
         (3)   Such signs shall not be displayed until after the issuance of construction permits and shall be removed not later than 24 hours following issuance of an occupancy permit for any portion of the project.
         (4)   Signs and posters advertising a special community event, including in or over public rights-of-way, subject to approval by the Planning Director as to the size, location, and method of erection based on considerations of pedestrian, bicycle, and vehicle safety and impacts on surrounding areas. Signs that might impair safety or obstruct traffic visibility shall not be approved.
         (5)   Pennants, flags, banners, balloons, and promotional sandwich boards during and for community events in the Grove that comply with the following standards:
            (a)   Signs shall not remain in place overnight.
            (b)   Sandwich boards shall not exceed a maximum height of four feet or a width of three feet.
         (6)   Portable Signs: Portable signs are only permitted in the MX-5 zoning district and shall comply with the following standards:
            (a)   Each ground floor establishment with street frontage is allowed one portable sign per street frontage.
            (b)   One portable sign is permitted per non-residential establishment.
            (c)   The maximum sign area is seven square feet and shall not extend more than 26 inches above the grade level of that sidewalk or walkway.
            (d)   Portable signs shall be located within 20-feet of the establishment door in the furnishing zone or close to the curb in front of the establishment, outside of vision triangles, and shall not obstruct pedestrian traffic or violate ADA guidelines.
            (e)   If adequate space does not exist in a furnishing zone or near the curb, a portable sign may be placed in a vestibule or alcove near a building entrance, provided that a five foot clear horizontal pedestrian passage zone with a minimum clear vertical height of at least 80 inches above grade is maintained. Signs shall not be placed within five feet of the curb abutting an on-street accessible parking stall.
            (f)   A portable sign attached to a building surface shall not extend more than four inches horizontally over any portion of a sidewalk or walkway.
            (g)   All portable signs shall be made of stable and durable materials and complimentary in design to the immediate area.
         (7)   Special Promotions, Event and Grand Opening Signs:
            (a)   One sign is permitted per non-residential establishment.
            (b)   Multi-tenant buildings, an individual establishment may place a sign next to their respective front door or as a banner above the door. A freestanding sign may be placed in the perimeter landscaping of the development.
            (c)   The maximum sign area is 32 square feet, and the maximum sign height for a freestanding sign is eight feet.
            (d)   Signs shall be maintained in good order and removed after the promotion, event, or opening has concluded.
   5.   Signs Requiring a Permit: Unless specifically exempted by Subsection 4 above or other provision of this Code or other City, state, or federal law, each erection or installation of a sign in the City shall require the approval of a Sign Permit pursuant to Sections 11-05-05.1.A, Sign Permit for On-Premise Sign 11-05-05.1.A, as applicable. Sign Permits are not required for change of copy, repainting, or other normal maintenance and repair, provided there is no expansion of the sign structure or face.
   6.   General Sign Standards:
      A.   Sign Measurement:
         (1)   Sign Height: The distance from the adjacent ground elevation supporting the sign to the highest point of the sign. A landscape berm or other structure erected to support the sign shall be measured as part of the height. If the street to which the sign is oriented is higher than the grade at the base of the sign, then the street elevation shall be used as the ground elevation for purposes of calculating the permitted height of the sign.
         (2)   Sign Area:
            (a)   Sign area is calculated as the area within a continuous perimeter with up to eight straight sides that encloses the limits of text and graphics of a sign. Additionally, this area includes any frame or other material, or color forming an integral part of the display or used to differentiate the sign's message from the background against which it is placed. The area excludes the structure upon which the sign is placed (unless the structure is an integral part of the display), but includes any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not.
            (b)     When computing the sign area, only the face or faces that can be seen from one direction at one time, shall be considered.
Figure 4.52. Sign Area Measurement
      B.     Design:
         (1)   Pole support structures shall be covered with an enclosure.
         (2)   Signs shall complement the architectural style of the building.
      C.   Traffic Visibility:
         (1)   Signs shall not be permitted in the clear vision triangle as defined in this Code and ACHD.
         (2)   Signs shall not be erected at any intersection or driveway entrance location that will obstruct the view of traffic, as determined by the Planning Director, ACHD, or the Idaho Transportation Department.
      D.   Adjacent to Residential Zones: Signs in Mixed-Use, Industrial, or Open Land zoning districts shall not be located within 50 feet of a Residential zoning district boundary. Where a zoning district boundary is the centerline of the street, the distance shall be measured to the opposite street side.
      E.   Street Trees: Trees shall not be topped or removed to facilitate better view of signs.
      F.   Maintenance and Repair: Signs shall be maintained in accordance with the standards set forth in Section 11-04-013, Operations and Maintenance.
   7.   On-Premise Signs:
      A.   Accessory On-Premise Signs:
         (1)   Awning Signs:
            (a)   Applicability: Awning signs are prohibited in the Residential zoning districts (excluding the R-3 zoning district), and in the A-1 and A-2 zoning districts.
            (b)   Standards: The copy area of awning signs shall not exceed an area equal to 25 percent of the background area of the awning to which the signs is affixed, or the permitted area for wall or fascia signs, whichever is less. Background colors, striping, patterns, or valances shall not be included in the computation of the sign area.
         (2)   Canopy and Marquee Signs:
            (a)   Applicability: Canopy and marquee signs are prohibited in the Residential zoning districts, excluding the R-3 zoning district, and in the A-1 and A-2 zoning districts.
            (b)   Standards for Under Canopy or Marquee Signs (Hanging Signs):
               i.   There shall be no more than one under canopy or under marquee sign per public entrance to any tenant or user space, and shall not exceed 16 square feet;
               ii.   Each sign shall maintain a clear vertical distance above any sidewalk or pedestrian way a minimum of eight feet; and
               iii.   Each sign shall be mounted perpendicular to the building wall.
            (c)   Standards for Above Canopy and Above Marquee Signs
               i.   The maximum sign width shall be no more than 33 percent of the canopy background width;
               ii.   The minimum space between the bottom edge of the letter and the top of the canopy background shall be 1.5 inches; and
               iii.   The maximum height of each letter shall be no more than three times the canopy background height, with a maximum of 30 inches, whichever is less.
            (d)   Standards for Signs on Marquees:
               i.   No more than one sign shall be permitted on each side of a marquee, and any such sign shall be in lieu of a wall, canopy, or projecting sign;
               ii.   The sign area of each side shall not exceed two square feet of total area per lineal foot of building frontage or 200 square feet, whichever is smaller;
               iii.   The vertical dimension of the sign shall not exceed six feet; and
               iv.   The bottom of the sign shall have a minimum vertical clearance of twelve feet above the sidewalk or pedestrian way.
         (3)   Freestanding Signs: Freestanding accessory signs shall comply with the standards set forth in Table 11-04.19 and the following standards. Freestanding signs:
            (a)   Shall be located within a landscaped area no smaller than the background area of the sign; new landscaped areas shall be reviewed as part of the sign application. Decorative rock may be a component of the landscaping area counted to calculate its area for this purpose;
            (b)   Shall include the street address in letters at least three and one-half inches tall;
            (c)   Shall be oriented perpendicular to the street providing frontage to the establishment and be located toward the front of the parcel and as close to the main vehicle entrance as possible. Orientation to interstate highways or the I-184 Connector is prohibited;
            (d)   Shall be set back at least five feet from the front property line in Residential and Mixed-Use zoning districts, and one foot in Industrial and Open Land zoning districts. The entirety of the sign shall be located outside of the setbacks.
            (e)   Shall be set back at least five feet from side property lines in all zoning districts;
            (f)   Shall not exceed one per street frontage, except that:
               i.   Where two signs are allowed for a single establishment on a street corner or a collection of buildings within an integrated commercial center, each sign shall be designed and located so as to be viewed only from the street on which it is located; and
               ii.   In lieu of two signs, one corner sign designed to be viewed from both streets is allowed, provided it complies with other provisions of this Code;
            (g)   May have architectural appurtenances with no text extend up to two feet over the allowed height.
 
TABLE 11-04.19: FREESTANDING SIGN, MAXIMUM BACKGROUND AREA AND HEIGHT
ZONING DISTRICT
MAXIMUM BACKGROUND AREA (SQUARE FEET)
MAXIMUM HEIGHT (FEET)
GATEWAY (FEET) [1]
R-1A, R-1B, R-1C, R-2, R-3, A-1, A-2
1 per 3 lineal ft. of street frontage up to 50
6
6
MX-1
1 per 3 lineal ft. of street frontage up to 50
8
8
MX-3, MX-4, MX-5, MX-U, I-1, I-2
70
15
12
MX-2
80
20
12
Notes:
[1]   Applies to freestanding signs oriented toward the following streets:
   Capitol Boulevard; Vista Avenue from 1-84 north; Broadway Avenue from I-84 north; State Street from State Capitol to Highway 55; Myrtle Street; Front Street; Federal Way from Capitol Boulevard. to Bergeson Street; Warm Springs Avenue; Park Center Boulevard.
 
         (4)   Directional Signs:
            (a)   Up to two directional signs shall be permitted at the street entrance to any parcel. The maximum area is four square feet, and the maximum height is four feet.
            (b)   Non-accessory directional or wayfinding signs may be erected by governments giving direction to places of general interest such as colleges, parks, hospitals, or Neighborhood Associations. Such signs shall be subject to approval by the Planning Director as to the size, location, and method of erection.
         (5)   Electronic Message Displays (EMD):
            (a)   Applicability:
               i.   EMDs are permitted for all uses located in the Mixed-Use, Industrial, and Open Land zoning districts.
               ii.   EMDs are only permitted for nonresidential uses located on collector or arterial roadways in the Residential zoning districts and in the A-1, and A-2zoning districts.
            (b)   Standards: All electronic message displays shall comply with the following standards:
               i.   Only one EMD is permitted per establishment. For establishments located in a center, only one EMD is permitted for the center.
               ii.   No EMD may be installed on a non-conforming sign.
               iii.   EMDs shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating, or varying of light intensity.
               iv.   Each message or frame shall be displayed for a minimum of eight seconds.
               v.   The area used for an EMD shall not occupy more than 50 percent of the total sign area.
               vi.   The brightness or intensity of the EMD shall be factory set not to exceed 5,000 nits on clear days and 500 nits from dawn to dusk. The EMD shall also not exceed 50 percent of its maximum brightness on clear days and 10 percent of maximum brightness from dawn to dusk. Each display shall have a light sensing meter that will adjust the display brightness as the ambient light changes.
               vii.   Text-only single-color message displays with letters no higher than 12 inches may scroll or travel without the static message limitation. The maximum area for such displays is eight square feet.
         (6)   Projecting Signs:
            (a)   Applicability: Projecting signs are prohibited in the Residential zoning districts, excluding the R-3 zoning district, and in the A-1 and A-2 zoning districts.
            (b)   Standards:
               i.   Maximum Background Area: The maximum background area shall be:
                  A.   The lesser of five percent of the wall area facing a street or 50 square feet in the MX-1 district.
                  B.   The lesser of 10 percent of the wall area facing a street or 75 square feet in all other districts where allowed.
                  C.   When both projecting and wall signs are used, the maximum area for both signs is reduced by 50 percent.
               ii.   Number Allowed:
                  A.   One per street level establishment for each street frontage.
                  B.   Where there is more than 150 feet of frontage for one establishment, a second sign is permitted.
            iii.   Projection Above Building Height: No sign shall extend vertically above the highest point of the building façade upon which it is mounted by more than two feet.
            iv.   Projection from Wall: The projection from the wall shall be no more than 10 feet, or to within two feet of the face of the curb, whichever is less.
            v.   Clearance: Clearance over public property shall be a minimum of 12 feet.
            vi.   Maximum Height: No portion of any projecting sign shall extend more than 30 feet above the ground.
         (7)   Wall Signs:
            (a)   Wall Signs Oriented to Interstate Highways:
               i.   Applicability: In the Mixed-Use, Industrial, and Open Land zoning districts, properties that abut I-84 or I-184 southwest of 15th Street may have one wall sign per establishment oriented to the highway, provided the sign complies with the following standards:
               ii.   Standards:
                  A.   Area: One square foot in sign area for each lineal foot of wall up to 32 square feet.
                  B.   Height: Shall not exceed the height of the wall or 30 feet.
               iii.   Prohibited Signs: EMDs and other forms of signage using light emitting diode (LED) technology are prohibited.
            (b)   All Other Wall Signs: Wall signs shall comply with the standards in Table 11-04.20 and the following standards:
               i.   Wall signs shall not project above the wall to which they are attached.
               ii.   Wall signs shall face the street or streets that the building faces, except that a sign on a building wall in a Mixed-Use, Industrial, or Open Land zoning district that does not face a street may be permitted if it complies with the following standards:
                  A.   The sign area may be borrowed from that allowed on the building wall facing the street; and
                  B.   The sign area shall not exceed 10 percent of the building wall; where multiple tenants or users are located in a single building, and allowable sign area is allocated between some or all of those tenants or users, the calculation of the 10 percent maximum sign area shall be allocated among each tenant or user based on the square footage of the ground floor wall space of the building frontage occupied by that individual tenant or user, rather than the wall area of the building as a whole.
                  C.   For commercial centers with multiple tenants, allowed signage for each tenant is based on the percentage allowed for the zone and calculated based on the square footage of the ground floor wall space of that individual tenant; and
                  D.   The sign faces an abutting property zoned Mixed-Use, Industrial, or Open Land.
               iii.   In Mixed-Use, Industrial, or Open Land zoning districts, the sign area allowed may be divided among multiple signs according to Table 11-04.20 below.
 
TABLE 11-04.20: WALL SIGNS
ZONING DISTRICT
MAXIMUM SIGN AREA
R (Multiple-Family and nonresidential signs), A-1, and A-2
One square foot per three lineal feet of building wall facing the street. Maximum 50 square feet.
MX-1, MX-3, MX-4
15% of building wall facing the street.
MX-2, MX-5, MX-U, I-1, I- 2, I-3
20% of building wall facing the street.
 
   8.   Alternative Sign Plan:
      A.   Multi-tenant nonresidential developments that are planned and developed as an integrated center or a single, multi-tenant building shall obtain approval of an Alternative Sign Plan pursuant to Section 11-05-05.2.A before constructing or installing any sign on the property. This includes but is not limited to:
         (1)   Hospital complexes on sites of two acres or larger;
         (2)   Office centers with multiple building on sites of two acres or larger;
         (3)   Industrial parks with multiple buildings on sites of five acres or larger; and
         (4)   Single, multi-tenant buildings on sites of two acres or larger.
      B.   The Alternative Sign Plan shall establish standards and criteria for all signs that require Sign Permits and shall address location, materials, design, and quantity.
      C.   One freestanding center sign is permitted on each street frontage, with a maximum of two, according to the provisions of the following Table 11-04.21. Where there is more than 1,000 feet of frontage on a street, a second sign is allowed. Center signs on Gateway Streets shall not exceed the Gateway Street height standards.
      D.   Freestanding signs shall be located as near to the primary access driveway to the maximum extent practicable.
      E.   Freestanding signs in Mixed-Use, Industrial, and Open Land zoning districts shall not be closer than 150 feet from any Residential district.
      F.   Separate building pads within centers and parks are allowed one monument style sign with a maximum height of six feet and a maximum background sign area of 32 square feet but shall not exceed the standards in Table 11-04.19.
      G.   Wall signs are permitted in any number, location, or orientation, provided they do not face a Residential district, and provided the total square footage does not exceed 18 percent of the ground floor tenant wall face upon which the signs are placed.
      H.   Sign height and placement shall be consistent throughout the development.
      I.   Signs shall incorporate materials, colors and design motifs that are compatible with buildings in the development.
 
TABLE 11-04.21: CENTER SIGN MAXIMUM BACKGROUND AREA AND HEIGHT
ZONING DISTRICT
MAXIMUM BACKGROUND AREA (SQUARE FEET)
MAXIMUM HEIGHT (FEET)
MX-1
80
8
MX-3, MX-4, MX-5, MX-U, I-1, I-2
100
25
MX-2
150
30
 
   9.   Off-Premise Signs:
      A.   Off-Site Identification: When off-site identification is needed because of excessive distance from a public street, lack of street frontage, unusual topography or other special circumstances, an off-premise sign may be allowed with a Conditional Use Permit. The standard conditional use approval criteria and the special circumstances noted above shall be used to evaluate the request. The base zoning district standards for sign size and location shall apply.
      B.   Poster Panel and Bulletin Panel Off-Premise Signs (Billboards): Each application for a billboard shall be accompanied by a demolition permit for an existing billboard. The number of billboard signs in the City shall not be increased except through annexation. Off-premise poster panels and bulletin panels are only permitted in the MX-2, MX-3, I-1, and I-2 zoning districts, and only after approval of a Conditional Use Permit, provided that no signs may be located on Capitol Boulevard or on Federal Way between Capitol Boulevard and Bergeson Street.
         (1)   Approval Criteria: The Planning and Zoning Commission shall make the following findings:
            (a)   That the sign will not negatively impact the visual quality of a public open space.
            (b)   That the sign will not block the view of a structure of historical or architectural significance.
            (c)   That sign height is compatible with buildings within a 300 foot radius. Where view of the sign would be blocked by buildings, or where view of buildings would be blocked by the sign, the sign height shall not exceed the building height by more than 12 feet. Where there are no buildings within 300 feet, sign height shall not exceed 22 feet.
            (d)   That sign lighting will not trespass onto adjacent properties.
         (2)   Design and Location: New signs shall comply with the following standards:
            (a)   Sign area height shall not exceed 10.5 feet.
            (b)   Sign area shall not exceed 248 square feet for poster panels and 378 square feet for bulletin panels.
            (c)   Sign height shall not exceed 40 feet but may be limited to less by 11-04-012.9.B(1)(c) above.
            (d)   No sign may be located within 1,000 feet of another billboard on the same side of the street. However, if a sign is larger than 312 square feet, the distance to another such sign shall be at least 2,000 feet.
            (e)   A sign on one side of the street may be no closer than 150 feet from a sign on the opposite side of the street, as measured along the line of travel.
            (f)   At any street intersection, there may be no more than 496 combined square feet of billboard sign area within 250 feet measured from the street corner curbs.
            (g)   Back-bracing is prohibited.
            (h)   View of the sign should be unobstructed for 250 feet along the line of travel.
            (i)   Electronic message displays are allowed with static frame effects that change with no transition - no more frequently than every 8 seconds. Brightness levels shall comply with Section 11-04-012.7.A(5)(b)vi. A change from non-EMD to EMD requires the approval of a sign permit.
            (j)   Setbacks shall be at least five feet from any property line. When adjacent to a Residential zoning district, the setback of that residential zoning district shall be met.
   10.   Special Sign Districts:
      A.   Capitol Boulevard Sign Standards: In addition to the generally applicable sign regulations of this Section 11-04-012, these special standards apply in the Capital Boulevard Special Design District.
         (1)   Review:
            (a)   Signs require Design Review approval as an overall sign plan for the site.
            (b)   The Design Review Commission shall provide recommendations to the Planning and Zoning Commission on requests for Variances and Conditional Use Permits.
         (2)   General Standards:
            (a)   One wall sign, or one projecting sign, or one canopy sign, or one freestanding sign per building is permitted for each street frontage in accordance with the following standards.
               i.   Wall signs shall not exceed 15 percent of the wall area or 65 square feet in size, whichever is less.
               ii.   Projecting signs shall not exceed 25 square feet in area and shall not exceed the building height or 20 feet, whichever is less.
               iii.   Freestanding signs are allowed as per the size and height regulations for Gateway Streets in Table 11-04.19.
            (b)   One wall sign per street frontage may exceed the maximum size allowed in Subsection (a) if it is reviewed and approved by the Design Review Commission. The Design Review Commission shall take into account the scale and height of the building, the visibility and orientation of the proposed sign, and impacts on the Capitol Boulevard view corridor when evaluating these requests.
            (c)   In addition to the signs in Subsection (a), each building with more than one tenant or occupant is allowed either: one 20 square foot wall sign or one 12 square foot projecting sign per tenant or occupant located on the ground floor of the building.
            (d)   Colors, materials, and lighting shall be restrained and harmonious with the building and site.
            (e)   Use of neon is encouraged for illumination.
            (f)   Electronic message displays are permitted only with a Conditional Use Permit. Manual readerboards require approval by the Design Review Commission. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)

11-04-013: OPERATIONS AND MAINTENANCE:

   1.   Landscaping, Buffering, and Screening Maintenance: All landscaping, buffering, and screening required by this Code shall be maintained by the property owner in compliance with the following standards.
      A.   No required street tree shall be topped without the written permission of the City. For street trees not located within a public right-of-way, alternative pruning techniques to achieve specific horticultural or aesthetic effects may be used if approved by the Parks and Recreation Department. Examples include pleached allee, pleached bosque, espalier, and pollarded canopy.
      B.   Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right-of-way.
      C.   Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced.
      D.   All required landscaping shall be subject to periodic inspections by City Officials to determine compliance.
      E.   Required landscaped areas in residential subdivisions that are not located in individual lots shall be placed under the control and maintenance of a Homeowners' Association, unless the applicant can demonstrate that the landscaping will be maintained in an attractive condition by another entity including but not limited to individual property owners or the ACHD.
      F.   All fences and walls shall be maintained and kept structurally sound.
   2.   Exterior Lighting: All exterior lighting required to comply with Section 11-04-011, Exterior Lighting shall be maintained by the property owner in compliance with the following standards.
      A.   All lighting fixtures that are required to be shielded shall be installed and maintained so that they maintain compliance with all standards for shielded fixtures as specified in Section 11-04-011, Exterior Lighting and other applicable regulations as adopted by the City.
      B.   Exterior lighting fixtures shall comply with the Building Code, the energy efficiency standards, and other applicable regulations adopted by the City.
      C.   Exterior lighting shall be maintained in good structural condition at all times.
   3.   Signs:
      A.   Signs shall be maintained by the property owner in a state of good appearance, safety, and repair.
      B.   Any on-premise sign associated with a building or establishment that has been vacant and unoccupied for more than six months, or any sign no longer associated with the use on the property shall be deemed abandoned and shall be removed by the property owner.
   4.   Glare, Heat, Smoke, Fumes, Radiation, and Odors: Every use shall be operated so that it does not exceed an objectionable or dangerous degree of glare, heat, fumes, electromagnetic radiation, nuclear radiation, or odors beyond any property line of the site on which the use is located.
   5.   Vibration: Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any property line of the site on which the use is located.
   6.   Hazardous Materials: All uses and activities shall comply with all state and federal laws and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous wastes, toxic materials, and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances.
   7.   Waste Materials:
      A.   No materials or wastes shall be deposited upon a property in any form or manner that would permit natural causes or forces to transfer them off the site.
      B.   All materials or wastes that may cause fumes or dust, or that constitute a fire hazard, or that may be edible by or otherwise attractive to rodents or insects shall only be stored outdoors in closed solid waste containers that are screened from adjacent property.
      C.   All biomedical wastes that are processed through ozonation treatment shall either be beneficially reused, recycled, or rendered safe for disposal in a municipal solid waste landfill or other approved disposal facility, or as otherwise permitted by state and federal law. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 25-25, 6-24-2025)