Chapter 4 Regulations Applying to All Districts

Section 2 Applicability

Article A Standard Regulations

Article B One Time Division (Family Split)

Article D Public and Private Roads

Article E Off-Street Parking Requirements

Article F Sign Regulations

Article G Temporary Use

Article H Street Naming and Address Numbering

Article I Building Permit Requirements, and Permit Fees

Article J Surety Agreements

This chapter establishes regulations for all uses as set forth in the applicable base and overlay districts including specific regulations for one time divisions, property boundary adjustments, private roads, master site plans, landscaping, off-street parking and loading, lighting, signs, dedicated open space, and surety agreements.

A. All development shall be in accord with the regulations in Article A of this chapter.

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

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

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

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

F. Signs shall comply with the regulations of Article F of this chapter.

G. Temporary uses shall comply with the regulations of Article G of this chapter.

H. Street Naming and Address Numbering shall comply with the regulations of Article H of this chapter.

I. Surety agreements shall comply with the regulations of Article I of this chapter.

4A-1 Purpose

4A-2 Applicability

4A-3 Lot Requirements

4A-4 Height Restrictions

4A-5 General Provisions

4A-6 Commercial and Industrial Provisions

4A-7 Contiguous Parcels\

4A-8 Property Created by Court Decree

4A-9 Property Reduced by Government

This Article provides standard regulations for the location, design, and development of new land uses and the alteration of existing land uses. This Article supplements the regulations for development in the Multiple Use district and overlay districts as set forth in Chapters 2 and 3.

This Article shall apply to the development of all principal permitted, accessory, and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with overlay districts, specific use standards, or other regulations.

1. 
   The minimum lot size and configuration for all allowed uses shall be at least sufficient to accommodate water supply facilities, sewer disposal facilities, replacement sewage disposal facilities, buildings, parking areas, streets or driveways, open areas, accessory structures, and setbacks as required by this Ordinance. A lot of one (1) acre or less may be considered where central sewer and water are available.
   

In addition to all yard regulations specified on Table 2-C the following provisions shall be adhered to:

A. Visibility at Intersections - On a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision necessary for safe operations of motor vehicles or bicycles along or entering public roadways.

B. Yard Requirements for Multi-Family Dwellings - Multi-family dwellings shall be considered as one (1) building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear and two (2) side yards.

C. Yard Adjustment - The minimum front or rear yard setbacks may be adjusted to allow a proposed principle use building to conform with the average setbacks of four (4) existing similar buildings on adjoining properties, however lot front, rear and side setbacks may be no less than five (5) feet.

D. All structures shall be set back fifty (50) feet from the right-of-way line or seventy five (75) feet from the center line (whichever is greater) of Highway 55, Highway 21, and the Banks-Lowman Highway unless a more restrictive setback is required within other Sections of this Ordinance.

E. Maximum Residential Dwellings per Lot or Parcel: Any buildable lot or parcel conforming to this ordinance shall be permitted a maximum of one (1) residential dwelling unit per lot or parcel. Additional residential dwellings shall not be permitted unless specifically permitted elsewhere within this ordinance.

4A-4 Height Requirements:

The height limitations contained in each district Section do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other equipment usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.

In addition to all other regulations as specified in this Ordinance all developed lots or parcels shall be provided or shall have direct access to utility services including water supply and sewage disposal as approved by the Health Authority.

No land or building shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions that could adversely affect the surrounding areas of adjoining premises, except that any use allowed by this Ordinance may be undertaken or maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:

1. 
   Fire Hazard - Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be mitigated as required by the State Fire Marshall.
   

C. Noise - Objectionable noise that is due to volume, frequency or beat shall be muffled or otherwise controlled.

D. Vibration - No vibration shall be allowed that is discernible without instruments on any adjoining lot or property.

E. Air Pollution - The emission of any toxic or corrosive fumes, gasses or odors in excess of local, state or federal emissions standards shall not be allowed. State air quality permits, when required, may be condition of approval.

F. Glare & Lighting - All lighting or illumination units or sources shall be hooded or shielded to prevent glare on adjacent properties. Flashing or intermittent lights, lights of changing degree of intensity, or moving lights shall not be allowed. This shall not be construed so as to prohibit holiday lights.

G. Water Pollution - All discharges of hazardous or deleterious materials to surface water or groundwater shall be in compliance with local, state, and federal laws and regulations.

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

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

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

C. Each of the abutting parcels is a conforming or nonconforming property as defined in Chapter 1, Article A of this ordinance; or

D. Physical characteristics of the property prevent its use as one unit, the properties are separated by a fee simple ownership and/or the properties are separated by a public right of way or public street.

If a governmental action (such as acquisition through prescription, purchase, or other means by Boise County, a municipality within Boise County, Idaho Transportation Department, utility company or corporation under the jurisdiction of the Idaho public utilities commission, or other local, state, or federal agency) reduces an existing property below the required property size, the remaining property shall be deemed as a conforming property for the purposes of development.

4B-1 Purpose

4B-2 Applicability

4B-3 Process

4B-4 Standards

4B-5 Required Findings

The regulations of this Article allow for the one time division of a parcel into two (2) parcels without being subject to the subdivision regulations as set forth in Chapter 6.

These regulations apply to an “Original Parcel” as defined in Chapter 1, the boundaries of which shall not have changed except for one or more of the following:

A. The parcel of record was reduced by governmental action as specified in Chapter 4, Article A, of this chapter; and/or

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

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

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

2. The property boundary adjustment did not diminish the size of the parcel of record such that it no longer has sufficient acreage to accomplish the one time division.http://sterlingcodifiers.com/codebook/index.php?book_id=§ion_id=165172

4B-3 Process:

A. Application: An application and fees, as set forth in Chapter 7, Article A of this ordinance, shall be submitted to the Administrator on forms provided by the Planning and Zoning Department.

B. Tentative Approval; Requirements: Upon tentative approval of the application by the Administrator subject to any applicable conditions of approval and the regulations of Chapter 7, Article A, the applicant or owner shall have one year to complete the following tasks:

1. Survey the property and record a record of survey with the Boise County Recorder;

2. Obtain new tax parcel numbers from the Boise County Assessor; and

3. Provide copies of the recorded record of survey and the new tax parcel numbers to the Administrator.

C. Issuance Of Approval Letter: Upon determination by the Administrator that the one time division is in conformance with this Article, the Administrator shall issue a letter stating that the one time division has received final approval.

4B-4 Standards:

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

B. The proposed division is not located within a “subdivision” as defined in this ordinance.

4B-5 Required Findings:

In order to approve the application, the Administrator shall find that the proposed one time division complies with the standards in Section 4B-4 of this Article.

4C-2 Applicability

4C-3 Process

4C-4 Standards

4C-5 Required Findings

4C-1 Purpose:

The regulations of this Article allow for the adjustment of parcel lines or platted lot lines between existing legal or nonconforming properties. A property boundary adjustment does not vacate the platted lot lines of a recorded subdivision.

A. These regulations apply to existing lots and parcels located outside of city jurisdictional boundaries within Boise County.

A. Application: An application and fees, as set forth in Chapter 7, Article A of this ordinance, shall be submitted to the Administrator on forms provided by the Planning and Zoning Department. The application shall contain the following information:

1. 
   A letter from the home owners association approving the Property Boundary Adjustment; if applicable.
   
2. 
   The Record of Survey documents a Property Boundary Adjustment.
   
3. 
   Necessary documents from the lending institution may be required acknowledging the Property Boundary Adjustment.
   

1. Cause the property to be surveyed and a record of survey recorded;

2. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved;

3. Obtain new tax parcel numbers from the Boise County Assessor; and

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

C. Issuance Of Approval Letter: Upon determination by the Administrator that the final property boundary adjustment is in conformance with this Article, the Administrator shall issue a letter stating that the property boundary adjustment has received final approval.

A. A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by this ordinance.

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

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

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

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

F. For platted lots, the property boundary adjustment shall be in substantial conformance to the recorded plat.

4C-5 Required Findings:

In order to approve the application, the decision making body shall find that the proposed property boundary adjustment complies with the standards in Section 4C-4 of this Article.

4D-1 Purpose

4D-2 Applicability

4D-3 Road Service Classes Established and Defined

4D-4 Road Standards Adopted

4D-5 Additional Road Standards and Conditions

Table No.1 Culvert Sizing

Table No. 2 Inspection and Curve Grades

Table No. 3 Additional Width of Horizontal Curves

4D-6 Table of General Design Requirements

Table No. 4 General Design Requirements

4D-1 Purpose:

The regulations of this Section provide standard and design requirements for public and private roads.

1. 
   The provisions of this Section, except as herein provided, shall apply to all public roads, roads developed in conjunction with the platting of subdivisions, and private-common-use (PCU) roads, within subdivisions approved after the effective date of the Boise County Unified Development Ordinance, which regulates all development, and major revisions or additions to existing subdivisions shall be subject to Design and Construction Standards within this Section.
   

2. 
   The provisions of this Section shall apply to unincorporated areas of Boise County public (County) road construction and reconstruction will conform to these standards.
   

3. 
   The provisions of this Section shall not apply to the repair, maintenance, widening, straightening and improving of any road existing at the time of adoption of this Section, unless the existing road is for access to a new development.
   

4. 
   The provisions of this Section shall not apply to roads constructed and maintained to provide access to each part of an original tract which is divided as provided in Chapter 6, Subdivision Regulations if the division of such original tract is not considered as a division or subdivision within the provisions of Chapter 6, Subdivision Regulations.
   

5. 
   The provisions of this Section shall not apply to any roads situated on lands owned by the State of Idaho or the United States except to the extent the State of Idaho or the United States grants written permission to apply the provisions of this Section.
   

Standards for design and construction depend on Service Classes of the subject roads. The service classes established by this Section are Public, PCU (Collector), PCU (Local), and PCU (Minor).

1. 
   Public Roads (also, County Roads) are those vehicular travel ways with right-of-way owned by Boise County or dedicated to public use and maintained by Boise County.
   

2. 
   PCU (Collector) Roads are vehicular travel ways which are privately owned, but serve to provide access to more than 50-lots.
   

3. 
   PCU (Local) Roads are vehicular travel ways which are privately owned, but serve to provide access to between 5-50 lots.
   

4. 
   PCU (Minor) Roads are vehicular travel ways which are privately owned, but serve to provide access to four (4) or fewer lots.
   

The minimum requirements for construction for each of the four (4) road classes defined herein are set forth in Table 4, “Table of General Design Requirements” (including footnotes thereto) which is incorporated into this Section 6. Said Table 4 is supplemented by drawings (labeled 1 through 5) entitled Typical Rural Subdivision Road Section (Dwg. 1, dated 8-23-05), Parking Turnouts (Dwg. 2, dated 2-6-96), Typical One-Lane Road Section (Dwg. 3, dated 11-30-95), Refuge Turnout Design (Dwg. 4, dated 11-30-95), and Turn-around Options (Dwg. 5, dated 2-1-96) which are hereby adopted as design standards for Boise County roads and made part of this Section as if fully set forth herein. Said drawings are appended hereto and in combination with the provisions of Table 4 and the text of this Section, serve as the design and construction standards of Boise County roads. No newly established public or private common use road shall be constructed except in substantial compliance with these standards to the greatest extent feasible. All Private-Common-Use roads shall be located on a separate lot and shall be owned and maintained in perpetuity by the respective Home Owner’s Association. A Declaration of Private-Common-Use Roads shall be provided. (see Appendix 4-A). Reconstruction shall be construed to mean widening from one (1) to two (2) lanes, changing grade or alignment. Repair and maintenance of any road existing at the time of adoption of this Section is encouraged and is not subject to the constraints of this Section.

Additional road standard requirements that either are generally applicable to all roads or apply in such specific conditions as may be specifically referenced herein are as follows:

1. 
   Dead-ends/Turn-arounds. Dead-ends of Local and Minor roads shall be supplied with turn-arounds adequate for truck-and-single-trailer vehicle combinations and for fire trucks and other emergency vehicles of non-articulated, single-steering-axle type. Turn-arounds should be designed for the least practicable disturbance of existing terrain, and to support this purpose they may be circular type, tee type, or loop type as illustrated in Drawing Number 5. Disturbance caused in installation shall be repaired or mitigated to prevent erosion, facilitate drainage, and minimize long-term maintenance obligations.
   

2. 
   Culvert Requirements. Culverts or bridges shall be installed at intersections and accesses, at driveway entrances where a natural drainage concentration pathway crosses any road, and at all points where high water table conditions create a requirement for supplemental drainage. Design flow for culverts, shall be the 50-year maximum flow based on hydrologic analysis performed by or under supervision of a Professional Engineer registered in the State of Idaho. No culvert in forested regions, including driveway entrance culverts, shall be smaller than 18-inch in diameter, and large sizes shall be used where required. Culverts in non-forested regions shall be not less than 18-inches in diameter. If on Public roads or on approaches to Public roads. Culverts on PCU roads and driveway approaches to PCU roads in non-forested regions shall be not less than 12-inches in diameter. Culverts shall be provided at all driveway approaches that occur in roadway Sections that are drained by constructed roadside ditches. Driveway entrances at locations where natural topographic relief allows road surface runoff to drain away from the roadside without requiring a ditch may be constructed without culverts. Culverts shall be adequate for AASHTO HS-20 loadings. Acceptable materials for culverts are reinforced concrete pipe, precast reinforced concrete box Sections, galvanized steel pipe and plate. Culvert widths shall be such that the total roadway (travelways plus shoulders) is not narrowed as the road crosses the culvert and that the culvert extends a minimum of three feet (3’) past the toe of the roadway fill both upstream and downstream, except that a shorter culvert may be used provided that the fill is stabilized by headwidth and wingwalls and that the roadway (travelway plus shoulders) is not narrowed.
   

At the developer’s option, the Table No. 1, Table for Culvert Sizing may be used for culvert sizing in lieu of hydrologic calculations for determination of 50-year storm flow: