Chapter 11-05 ADMINISTRATIVE REVIEW APPLICATION REQUIREMENTS AND PROCEDURES Sections: 11-05-01 ADMINISTRATIVE REVIEW 11-05-01.1 Zoning Certificate 11-05-01.2 Zoning Certificate, Not Required 11-05-01.3 Zoning Certificate: Drop Off Recycling Collection Sites 11-05-01.4 Temporary Uses 11-05-01.5 Revocation 11-05-01.6 Zoning Certificate, Lapse 11-05-01.7 Zoning Certificate Prohibited 11-05-02 HOME OCCUPATION 11-05-03 DRIVE-UP WINDOWS 11-05-04 Repealed by 6573 11-05-05 TWO-FAMILY DWELLINGS IN THE R-1A, R-1B, R-1C AND R-2 DISTRICTS 11-05-06 CHILD CARE FACILITIES SUBJECT TO PLANNING STAFF APPROVAL 11-05-07 ADULT DAY CARE STANDARDS 11-05-08 EXPANSION OF CONDITIONAL USES & LEGAL NONCONFORMING USES 11-05-09 NONCONFORMING MOBILE HOME 11-05-10 CONVERSION OF A NONCONFORMING USE TO AN ALLOWED USE 11-05-11 FLOODPLAIN REVIEW PERMIT 11-05-12 SPLIT ZONING ON AN ORIGINAL LOT OF RECORD 11-05-13 APPROVAL CRITERIA FOR OTHER ADMINISTRATIVE APPLICATIONS 11-05-14 DESIGN REVIEW, ADMINISTRATIVE 11-05-14.1 Waiver of Staff Level Design Reviews 11-05-14.2 Action by the Planning Director 11-05-14.3 Waiver of Appeal Period 11-05-15 ACCESSORY DWELLING UNITS 11-05-16 RESIDENTIAL DEVELOPMENT OF SUBSTANDARD ORIGINAL LOTS OF RECORD Section 11-05-01 ADMINISTRATIVE REVIEW Certain types of allowed uses require administrative review of approval criteria by the Planning Director or an appointed representative. Applications to be reviewed at the administration level are described below. Unless otherwise stated, the term of an administrative approval shall not exceed 18 months. Within this period, the holder of the permit must, (1) acquire construction permits and commence placement of permanent footings and structures on or in the ground. The definition of structures in this context shall include sewer lines, water lines, streets, or building foundations; or (2) commence the use permitted by the administrative approval in accordance with the conditions of approval. Any administrative application denied by the Planning Director shall not be resubmitted in either the same or substantially the same form in less than one year from the date of final action thereon. Page 1 of 14
(5777, Amended, 01/28/1997) Section 11-05-01.1 Zoning Certificate Every application for a permit or license affecting the use of land or of a structure shall be deemed to be also an application for a Zoning Certificate. In the case of a new use, where no other permit or license is required, an application for a Zoning Certificate shall be filed on a separate form. The Planning Director shall approve or deny specific applications for a Zoning Certificate within fifteen (15) working days after receipt. Approval may be made contingent upon such conditions as are reasonably necessary to secure the public welfare. The Planning Director shall require guarantees to assure removal of temporary uses and of any debris or refuse resultant therefrom, so as to restore the premises to its prior condition and shall establish the date of such removal. (5777, Amended, 01/28/1997) Section 11-05-01.2 Zoning Certificate, Not Required No Zoning Certificate shall be required for any of the following specified uses and structures when such uses are permitted in the District: A. Lawful minor accessory uses, not requiring any other permit or license; B. Lawful signs of a type for which no building permit or sign permit is required. (5777, Amended, 01/28/1997) Section 11-05-01.3 Zoning Certificate: Drop Off Recycling Collection Sites Drop off recycling containers are allowed in commercial, industrial, and office zones, and at schools, churches and multi-family developments in all zones. A zoning certificate is required from the Planning Director for each new recycling container site which certificate shall be issued upon proper application and at no cost to the applicant. Drop off recycling collection sites may be approved provided: A. Containers do not interfere with required access or parking, and; B. Containers will be kept in a state of good repair and emptied on a regular basis to prevent overflow, and; C. All containers are clearly marked as to the materials therein to be deposited. (5777, Amended, 01/28/1997) Section 11-05-01.4 Temporary Uses A zoning certificate is required for certain temporary uses, including but not limited to buildings, display and sale of merchandise, model homes, trailers, uses incidental to construction and seasonal uses such as fireworks stands, Christmas tree lots, and produce stands : Approval may be made contingent upon such conditions as are reasonably necessary to secure the public welfare, including cleaning the property upon termination of the use. 1. With the exception of produce stands, which may be approved annually, the term of the permit shall not exceed 180 days. 2. Setbacks and clear vision triangles shall be observed and the temporary use shall not interfere with vehicular or pedestrian circulation, or the normal functions of other uses on the property. 3. The use shall be conducted in compliance with regulations administered and enforced by other city, state, and federal agencies. 4. Seasonal uses require: approval from the City Clerk s office. Page 2 of 14
(6819, Amended, 06-05/2012; 6801, Amended, 02/08/2011; 6589, Amended, 08/28/2007; 6315, Amended, 04/20/2004; 5895, Amended, 02/23/1999; 5777, Amended, 01/28/1997) Section 11-05-01.5 Revocation Upon violation of any of the conditions or terms of the zoning certificates issued pursuant to this Chapter, the Planning Director may cause the certification to be revoked The Director shall be authorized to revoke any permit issued by the Planning Division. (5895, Amended, 02/23/1999; 5777, Amended, 01/28/1997) Section 11-05-01.6 Zoning Certificate, Lapse A zoning certificate shall lapse and become void whenever the building permit or license either lapses or is revoked, or whenever the use of occupancy specified has ceased to exist, or has been suspended for 180 calendar days or longer. (5777, Amended, 01/28/1997) Section 11-05-01.7 Zoning Certificate Prohibited No zoning certificate shall be issued, granted or approved for multi-family residential use, child care facility, school, manufactured home community or mobile home park unless all irrigation ditches, laterals and canals crossing, intersecting and lying adjacent, or contiguous to, such uses are covered or fenced. Upon application, the Commission or Council may waive this restriction in whole or in part if it is found that covering or fencing will not serve the public purpose in an individual case. (5894, Amended, 02/24/1999; 5777, Amended, 01/28/1997) Section 11-05-02 HOME OCCUPATION Any gainful occupation within a dwelling unit or accessory structure must receive administrative approval from the Planning Director. Upon receipt of an application for a Home Occupation, the Planning Director must approve or deny such application within fifteen (15) calendar days from the date of receipt. Applicants must submit, with their application, a list of signatures of residents of adjacent properties, including properties across streets and alleys, indicating they have been notified of the applicant's intention to conduct a home occupation at a specified location. A note shall be made on the list that references neighbors unwilling or unable to sign. More than one home occupation may be approved for the same property address provided that the combined activities and uses of the home occupations do not exceed the approval criteria as set forth herein. For example, the aggregate total of floor space devoted to one or more occupations at a given address may not exceed 500 square feet. Home occupations may not be approved for some uses including, but not limited to, escort services, palm reading or other fortune telling businesses and taxidermies, and other such uses that are prohibited by the Boise City Code or which are in violation of the purpose statement of this zoning ordinance as determined by the Planning Director. Home occupations may be approved provided they meet all of the following criteria: A. The use is clearly incidental and secondary to the use of the lot or parcel for dwelling purposes. B. The use is conducted entirely within a dwelling or accessory structure and the aggregate of all space within any or all buildings devoted to one or more home occupations shall not exceed 500 sq. ft. in floor area. C. No activities shall be allowed which involve the use, storage, repair, milling or manufacture of highly combustible materials or internal combustion engines. Page 3 of 14
D. Dimensions, power rating or weight of equipment and tools used in the conduct of the home occupation shall not exceed that of normal household equipment and tools. E. Any home occupation which causes abnormal automotive or pedestrian traffic or which is objectionable due to unsightliness or emission of odor, dust, smoke, noise, glare, heat, vibration or similar disturbances to the outside of any building containing such home occupation shall be prohibited. F. The premises shall at all times be maintained as residential in appearance, cleanliness and quietness. G. Any materials used or any item produced or repaired on the premises shall not be displayed or stored so as to be visible from the exterior of the building. H. Articles may be offered for sale and sold on the premises provided that the occupant produces the product or that the sale of an article is not the essential nature of, but is instead incidental to, the home occupation. For example, sales of shampoo and other beauty supplies at a home beauty salon may be considered incidental to the home occupation. Furthermore, the home occupation shall not constitute a retail store, in terms of traffic, appearance, and other impacts. I. Instruction in music, crafts and dance studios shall be limited to no more than five students at one time. Home beauty salons or barbershops shall be limited to one chair and nail table, or one chair or nail table, which are commonly referred to as stations. J. One employee, in addition to the owner, may be allowed if an off-street parking space, which meets City standards, is provided. K. Limitations placed on home occupations in this chapter shall not be construed as prohibiting home occupations which make use of computers, modems, telephones, faxes, or other similar devices. L. Required off-street parking spaces for the residence may not be displaced by the home occupation. M. If a sign is to be installed, it is limited to a maximum size of two square feet, attached flat on the building or on an awning below the eave. N. One vehicle, in addition to that used by an employee, may be used in conjunction with the home occupation subject to the following provisions: 1. The vehicle must be within the parameters for normal vehicles. These parameters include cars, pickup trucks, and vans unless outfitted with excessive amounts of tools, equipment and supplies. Large commercial vehicles, trailers, construction equipment, and regular vehicles with commercial and/or industrial attachments (cherry pickers, cranes, extension platforms, etc.) and, in general, any vehicle exceeding one ton in weight shall be regarded as not fitting the allowed parameters. 2. An improved off-street parking space must be provided that meets all applicable regulations of the Boise City Zoning Ordinance. (6315, Amended, 04/20/2004; 5916, Amended, 05/18/1999; 5777, Amended, 01/28/1997) Page 4 of 14
Section 11-05-03 DRIVE-UP WINDOWS Certain types of drive-up window establishments, identified in the land-use tables of this ordinance (such as drive-up auto-emission testing vans and coffee stands), may be reviewed by the Planning Director, subject to the following approval criteria: A. That the design and operation of the establishment is substantially in compliance with Section 11-06-06.5; and B. That the site traffic circulation is not disrupted by increased vehicular congestion, blockage, or rerouting caused by the establishment; and C. That the number of drive-up lanes are limited to allow for adequate on-site circulation of pedestrians and vehicles; and D. That the minimum number of parking spaces required for all uses of the site, upon which the drive-up window establishment is placed, is maintained. (5820, Amended, 10/28/1997, Drive-up Windows; 5691, Amended, 12/27/1995) Section 11-05-05 TWO-FAMILY DWELLINGS IN THE R-1A, R-1B, R-1C AND R-2 DISTRICTS Duplexes in the R-1A, R-1B, R-1C and R-2 zones shall be subject to specific design criteria. The Planning Director must make the following findings: A. The site is of sufficient size to meet all ordinance requirements for setbacks, parking and open space. B. Each unit shall have a minimum of 150 square feet of private open space located outside of the setbacks. A minimum of 75 square feet of required open space for each unit shall be in a contiguous configuration. Required open space shall not include driveways or parking areas. Only those areas on the lot having minimum width and length dimensions of 5 feet shall be used to comply with the open space standard. A minimum of 50% of the required open space shall consist of permeable ground surface with landscaping. C. Front and street side setback areas shall be landscaped with naturally growing elements such as grass, trees, shrubs and flowers. The use of logs, rocks, fountains and similar accent elements may also be approved by staff. The landscape plan must include an irrigation system. D. Individual driveways in the front setback shall not exceed a width of twenty feet (20'). Individual driveways are vehicular access ways that are separated by other access driveways by a minimum of seven feet (7') of landscaping. E. The design of the duplex is compatible with the existing neighborhood and adjoining properties by taking into account height, bulk and site location. F. All Street facing facades shall include architectural treatments to provide visual interest. Architectural treatments used to achieve this may include, but are not limited to, dormers, bay windows, vertical windows, exterior window treatments, varying roof pitches, façade modulation and a variety of colors, materials and textures. Page 5 of 14
G. At least 15% of the area of street-facing facades must be windows or doors. The calculation includes the area of all street facing windows and entrance doors that are within a 45 degree angle of the street. Garage doors are not included in the 15% calculation. H. The length of the garage wall, or combination of garage walls, facing the street shall not exceed 50% of the total length of the façade. Garages that are set back a minimum of five feet (5') further than the street-facing wall of the dwelling unit may be up to 60% of the total length of the facade. Walls of side entry garages that utilize windows and other architectural means to provide visual interest are not included in this calculation. I. On interior lots at least one unit must have a main entrance with a door facing the street or at an angle of up to 45 degrees from the street. The main entrance shall include a covered porch that is a minimum of 25 square feet. If both of the units have an entrance facing the street, or more than one garage door is facing the street, the units must be modulated by a minimum of four feet (4 ). J. On corner lots each street facade shall have a main entrance with a door facing the street or at an angle of up to 45 degrees from the street. The main entrance shall include a covered porch that is a minimum of 25 square feet. Duplexes located on lots located at the corner of two local streets shall not have more than two parking spaces accessed from each street. K. Balconies shall be located in areas that will cause minimal interference with the privacy of neighboring properties. L. Two-story duplexes shall use one of the following methods to break up the building mass and provide visual interest to the side elevations: 1. The second story sidewalls shall have a minimum three foot (3') offset from the first story sidewalls. The second story shall be located furthest away from the side property lines, or Page 6 of 14
2. The building shall be set back eight feet (8') from the interior side property line, with bay windows, pop-outs or other architectural appurtenances allowed at the five foot (5') setback line. In the R-1A and R-1B zone the building shall be set back 13 feet (13') from the interior side property line, with bay windows, pop-outs or other architectural appurtenances allowed at the 10 foot (10') setback line. Page 7 of 14
M. Second story windows shall be designed to limit impact on the privacy of neighboring properties. This requirement does not supersede any Building Code requirements for windows for egress, natural light, etc. N. Duplexes on substandard original lots of record shall be subject to additional criteria per Section 11-04-04.03. O. For a duplex located in an R-1A, R-1B or R-1C zone one of the following findings shall be made: 1. The project constitutes infill, or 2. Is located on a corner lot at the inside of the intersection of two local streets, with no more than two parking spaces accessed from each street, or 3. Is located on an arterial or collector street. All applications shall include a list of signatures of residents of adjacent properties, including properties across streets and alleys, indicating they have been notified of the applicant s intent to build a duplex. The Director will review and make a determination of approval or denial within fifteen (15) calendar days of receipt of application and will submit the findings and conclusions, with required conditions, in writing to the applicant. A notice will be sent informing owners within three-hundred feet (300') of the property of the decision of the Planning Director and of their right to appeal the Director's decision pursuant to Section 11-03-07.1. Duplexes in the R-2D district will be reviewed by the design review staff per Sections 11-05-05, 11-05-14 through 11-05-14.3, and Chapter 11-07 Design Review. Applications to build duplexes on contiguous lots in the R-1A, R-1B and R-1C zones, which are planned and developed under single ownership or control, shall be reviewed by the Planning and Zoning Commission as a planned unit development. Such planned unit development may not exceed the density of the respective zone as specified in Table 2, unless granted up to a 20% density bonus as an infill development. (6331, Amended, 07/13/2004; 5916, Amended, 05/18/1999; 5865, Amended, 09/29/1998; 5691, Amended, 12/27/1995; 5580, Amended, 10/11/1994; 5233, Amended, 05/08/1990) Section 11-05-06 CHILD CARE FACILITIES SUBJECT TO PLANNING STAFF APPROVAL Group Child Care, and Child Care Centers, when subject to Planning Staff approval, are to be evaluated for compliance with the approval criteria in Table 10. Applicants must submit a list of signatures from residents of adjacent properties in accordance with Section 11-05-02 of this Ordinance at the time of application submission. TABLE 10 ADMINISTRATIVE APPROVAL STANDARDS - CHILD CARE FACILITIES Standards of Approval Group Child Care In-Home (7-12) Children Page 8 of 14 Group Child Care (7-12) Children Not In Home Child Care Center (13-20) Children
Provide a minimum outdoor play area of 100 sq. ft. per child on-site. This area requirement may be waived or modified if appropriate open space with connecting public sidewalks or paths are located near the facility and that open space can be used by the children as a play area; or the program of the facility is such that the size of a group of children using the play area at any one time conforms to the 100 sq. ft. per child criteria. Provide a minimum of 35 sq. ft. of indoor gross floor area per child. Secure and maintain a child care license from the City of Boise and the State of Idaho. Comply with the regulations where applicable by law or jurisdiction of the Boise City Fire Department and the health inspector. Provide, at minimum, 1 off-street parking space per employee. Provide for an on-site child pick-up area designed to prevent vehicles from backing onto the roadway (backing in an alley is permissible). Signs. The applicant's proposal for signage should be submitted and considered during the review process. The lots size shall be adequate to provide for parking, child pick-up area, play area, screening and setbacks. The child care use is clearly incidental and secondary to the use of the dwelling for residential purposes. The child care home must be in the operator's principal residence. The use does not change the structural character of the dwelling. If located on a collector or arterial street Page 9 of 14 X X X X X X X X X X X X X X X One 12 sq. ft. attached sign (nonilluminated) Improvements to be determined by the Planning Director X Employees allowed. 1 Facility is located on the edge of a neighborhood rather than in the center. X If located on a collector or arterial street One 12 sq. ft. attached sign X X X One 12 sq. ft. attached sign X X
The Planning Director may also require the following standards to protect adjacent properties from adverse impacts or to protect the health, safety and welfare of the children. 1. Fencing or landscaping screening of the facility to protect adjacent properties from activities of the facility, or to protect the children from adverse activities such as traffic on arterial or collector streets, at intersections or to screen adjacent properties; or 2. Additional setback to play areas from any property line to protect adjacent properties or to protect children from busy streets, irrigation ditches, animal pastures and other similar conflicts; or 3. Any other conditions deemed necessary by the Planning Director to protect the health, safety and welfare of the children or to protect adjacent property owners from adverse impacts. The Planning Director will review the approval criteria and make a determination of approval or denial of the application within fifteen (15) calendar days of receipt of application and will submit the findings and conclusions, with required conditions, in writing to the applicant. The building will require a Certificate of Occupancy prior to being occupied. In the event the Planning Director approves said application, a radius notice will be sent informing owners of the properties within three-hundred feet (300') of the applicant's property of the decision of the Planning Director and of their right to appeal the Director's decision pursuant to Section 11-3-7.1 of this ordinance. (6315, Amended, 04/20/2004; 6183, Amended, 10/01/2002; 5678, Amended, 11/21/1995; 5233, Amended, 05/08/1990) Section 11-05-07 ADULT DAY CARE STANDARDS Adult Day Care, as defined, have different use characteristic from other allowed uses, and therefore, require additional standards to be determined by the Planning Director. 1. There shall be adequate access for physically handicapped patrons of the facility. 2. If located on an arterial or collector street, provide for an on-site patron pick-up area designed to prevent vehicles from backing onto the street (backing into an alley is permissible). 3. The use shall meet the occupancy requirements of the City Fire Department. 4. All required licenses must be obtained from the City of Boise or the State of Idaho, if applicable. (5233, Amended, 05/08/1990) Section 11-05-08 NONCONFORMING MOBILE HOME A nonconforming mobile home in any residential district may be enlarged or replaced provided that the Planning Director shall make the following findings and issue a Zoning Certificate: A. Such enlargement or replacement meets all current Idaho and Federal construction codes for mobile homes. B. All setbacks and other regulations as required in the zoning district in which the mobile home is located are adhered to. C. Hook-up to City sewer may be required. (6848, Amended, 05/22/2012; Amended by Ord. 5233, 5-9-90) Page 10 of 14
Section 11-05-9 FLOODPLAIN REVIEW PERMIT The Planning Director shall review and take action upon floodplain review applications for one single family residence or one duplex per parcel of record as of the date (12-12-83) of adoption of the Boise River Protection Ordinance. The Planning Director must approve or deny such application within fifteen (15) calendar days of receipt of the application and submit the findings and conclusions and required conditions in writing to the applicant. The Director's decision shall be based upon the findings in Section 11-6-5.1D3 of the Boise River Protection Ordinance. Section 11-05-10 SPLIT ZONING ON AN ORIGINAL LOT OF RECORD When an original lot or parcel of record has one-half (1/2) or less of its area in a district more restrictive than the district which includes the remainder, the Planning Director may permit the regulation of the less restrictive district to be applied to the entire lot or parcel. Section 11-05-11 APPROVAL CRITERIA FOR OTHER ADMINISTRATIVE APPLICATIONS All uses classified as "AA" on the use tables in Chapter 4 of this ordinance are allowed uses but require administrative review of approval criteria. The review of those "AA" uses for which specific approval criteria are not provided shall be based on the general conditional use approval criteria set forth in Section 11-6-4.13 of this ordinance. (5916, Amended, 05/18/1999) Section 11-05-14.2 DESIGN REVIEW, ADMINISTRATIVE Certain applications for Design Review of site and building development or alteration as specified below shall be reviewed by the Planning Director in accordance with the criteria listed in Section 11-07-03: A. In all "D" districts: 1. A new residential building containing two to six units or less and not greater than two stories. 2. A new residential planned development containing less than 50 dwelling units which has received conceptual or detailed conditional use approval by the Boise City Planning and Zoning Commission. 3. A new office or commercial building not exceeding 5,000 sq. ft. gross floor area which is not adjacent to a residential district or use. 4. A new industrial building not exceeding 10,000 sq. ft. gross floor area which is not adjacent to a residential district or use. 5. A new commercial, industrial or mixed planned development less than 2 acres in size that has received conditional use approval from the Commission. 6. Signs designed in conformance with the provisions of the sign ordinance. Variances to the sign code are reviewed by the Planning and Zoning Commission. 7. An alteration or addition to an existing building. 8. Parking lots. 9. Modifications to approved plans as per Section 11-07-08. B. In all "HD" districts: 1. The cleaning, replacement of existing material or other building restorations that do not alter any Page 11 of 14
part of the structure. 2. All signs that are in compliance with historic guidelines. 3. Any fabric canopies or awnings that are not lighted and are in compliance with historic guidelines. 4. Minor site/building modifications as delegated by the Historic Preservation Commission. C. In all "DD" districts: 1. All minor alterations to existing buildings. 2. Signs designed in conformance with the provisions of the sign ordinance. 3. Parking lots. 4. Any canopies and awnings. (6809, Amended, 04/05/2011; 5233, 05/08/1990) D. Notice Requirements for Staff-Level Design Review Applications: The Planning Director shall determine if the staff-level application is significant and could have an impact on adjacent properties. If the application is determined to be significant, staff shall send a copy of the approval letter to all adjacent property owners and residents (including those across a street or alley) informing them of the decision and of their right to appeal. The appeal period shall be ten (10) calendar days from the date notice is mailed. (5821, Amended, 10/28/1997; 5795, Amended, 04/22/1997; 5777, Amended, 01/28/1997) Section 11-05-14.2.1 Waiver of Staff Level Design Reviews The requirement for a staff level Design Review in items A.2. and A.5. above may be waived by the Planning and Zoning Commission, if, in their opinion, the project plans are detailed enough that the design can be adequately reviewed by the Planning and Zoning Commission. Replacement or rehabilitation of exterior improvements may be approved at the time of building permit issuance by the Planning Director without Design Review approval. (5777, Amended, 01/28/1997) Section 11-05-142.2.2 Action by the Planning Director The Planning Director shall require an application upon a form prescribed by the Planning Division from each party requesting Design Review approval. The Planning Director shall determine whether the application meets the criteria for administrative review or must be reviewed by the "Committees". If, in the opinion of the Planning Director, an application is complicated or controversial it may be referred to the Committees regardless of project size. Within fifteen (15) calendar days after receipt of applications subject to administrative review, the Planning Director shall investigate each application and either approve, modify or deny such application. The Planning Director or a designated representative shall then notify the applicant, in writing, of the decision and the reasons for modification or denial. A decision of the Planning Director may be appealed to the "Committees" within ten (10) calendar days from receipt of such decision by filing written notice of such appeal and fee with the Planning Director. (5895, Amended, 02/23/1999; 5777, Amended, 01/28/1997; 5233, 05/08-1990) Section 11-05-14.2.3 Waiver of Appeal Period The applicant may request a waiver of the ten (10) day appeal period for administrative design review approval. Such request must be filed in writing and shall be accompanied by the signatures of all adjacent property owners indicating they do not object to the waiver request. The Planning Director shall review all pertinent information and issue a decision on the request within two (2) working days from the date upon which the request was filed. The Planning Director cannot waive the appeal period for any Page 12 of 14
application to which a written or verbal protest was submitted. (5777, Amended, 01/28/1997; 5691, Amended, 12/27/1995; 5169, 06/20-1989) Section 11-05-13 ACCESSORY DWELLING UNITS This section provides standards for an accessory dwelling unit to be added to a single family dwelling. The purpose of accessory dwelling units is to provide more affordable housing; provide additional density with minimal costs and disruption to existing neighborhoods; allow individuals and smaller households to retain large houses as residences; and maintain the single-family dwelling character of the house. A house with an accessory dwelling unit can be distinguished from a duplex because its intensity of use is less, and it retains the appearance of a single-family dwelling. Accessory dwelling units are subject to specific approval criteria. The Planning Director must make the following findings to approve an accessory dwelling unit. A. That the accessory dwelling unit (ADU) is not larger than ten percent (10%) of the lot area or 600 square feet, whichever is smaller, and that the ADU has not more than one bedroom. Where practical, the 10% size standard may be altered to accommodate logical expansions or internal conversions. Examples of this include, but are not limited to, the addition of a second floor to a detached garage or the separation of a basement as an accessory unit. Under no circumstances though, can the 600 square foot maximum be exceeded. B. That an accessory dwelling unit is created through: 1. Internal conversion of an existing living area, basement or attic. Conversion of a garage is not permitted unless required parking can be sited legally elsewhere on the property; 2. An addition to the primary dwelling unit; 3. An addition to an accessory structure such as a detached garage or shop; 4. Construction of a new single-family detached house with an internal or detached accessory dwelling unit; or 5. The construction of a detached accessory unit; or 6. The conversion of an existing detached accessory structure. C. That the accessory dwelling unit meets all of the dimensional requirements of the underlying zoning classification as well as the provisions of the International Building Code. D. That the design of the accessory dwelling unit is compatible with the existing neighborhood by taking into account height, bulk, and site location, and incorporating materials, colors and a design motif that is compatible with and complements the architectural theme and style of the principle dwelling unit. The primary and the accessory dwelling units shall be designed to portray the character of a single family dwelling. Only one entrance to the structure may be located on the front building elevation of the house unless multiple entrances are already in existence. E. That one parking space is provided for the accessory dwelling unit in addition to the existing minimum parking requirement for the primary dwelling. The driveway apron (driveway space within the front yard setback) may be utilized for this requirement. (A waiver to the parking requirements may be granted by the Planning Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required in Section G below.) F. That at the time of application for an accessory unit the applicant can provide proof of owner Page 13 of 14
occupancy of the premises. G. That on-going owner-occupancy of either the primary or the accessory dwelling unit is required and shall be enforced through recordation of a deed-restriction to that effect with the County Recorder. (A temporary waiver of this requirement may be granted by the Planning Director in the case of a documented need for the owner-occupant to leave the premises for up to one year due to employment, illness or other circumstances.) H. That conditions of approval, as determined by the Planning Director, are filed for record with the County Recorder within 30 days of approval of the accessory dwelling unit. Evidence of such filing shall be submitted to the Director within 30 days of approval. I. That impact fees for accessory dwelling units are assessed at a portion of the standard single family residential fee as determined by the applicable agency. J. That notification of the development project to adjacent property owners is provided by the applicant prior to submitting an application for an accessory dwelling unit. Input from adjacent property owners should be considered in the design and siting of an accessory dwelling unit in order to maintain privacy between adjacent housing units. The Planning Director will review and make a determination of approval or denial within fifteen (15) calendar days of receipt of application and will submit the findings and conclusions, with required conditions, in writing to the applicant. A notice will be sent informing owners, within three-hundred feet (300') of the property, of the decision of the Planning Director and of their right to appeal the Director s decision in pursuant to Section 11-03-07.1 of the Boise City Zoning Code. (6315, Amended, 04/20/2004; 5865, Amended, 09/29/1998) Section 11-05-14 RESIDENTIAL DEVELOPMENT OF SUBSTANDARD ORIGINAL LOTS OF RECORD Administrative approval shall be required for the development of attached single family dwellings on substandard original lots of record pursuant to the standards of Section 11-04-04.03 (Standards for Residential Development of Original Lots of Record). (6155, Added, 05/28/2002) (6848, Amended, 05/22/2012) Page 14 of 14