8-8A RESIDENCES AT RIVER CLUB

Upon adoption by the council, this chapter 8, article A, shall constitute the official zoning and subdivision ordinance for the Residences at River Club SAP district.

Unless otherwise noted herein, this chapter 8, article A, shall include by reference: Garden City code, title 8, chapter 1, article B (Existing Nonconforming Properties, Structures, And Uses); title 8, chapter 4, article G (Sustainable Development Provisions); title 8, chapter 4, article H (Flood Hazard); title 8, chapter 5 (Land Division Regulations); title 8, chapter 6 (Administration); and title 8, chapter 7, article B (Description Of Application Requirements), as may be amended from time to time.

This chapter 8, article A, and those portions of Garden City code incorporated by reference shall be known and cited as the "development code of the Residences at River Club SAP district." Within this chapter 8, Article A, the development code of the Residences at River Club SAP district shall be referred to as "the River Club SAP district code" or the "SAP district code." The River Club SAP district is identified on the zoning map as SAPD-01. (Ord. 1043-24, 6-10-2024)

8-8A-1A-2: PURPOSE:

It is the intent of the River Club SAP district code to carry out the purposes of the Local Land Use Planning Act, Idaho Code section 67-6501 et seq., and to protect and promote the health, safety and general welfare of the community by implementing the goals and objectives of the comprehensive plan for the city of Garden City. The adoption of the River Club SAP district code constitutes the approval of the master plan for the River Club SAP district. The master plan establishes a framework to guide future development in the River Club SAP district. (Ord. 1043-24, 6-10-2024)

8-8A-1A-3: COMPLIANCE WITH COMPREHENSIVE PLAN:

Pursuant to the requirements of Idaho Code section 67-6501 et seq., zoning within the city shall be, and the River Club SAP district is, in accordance with the comprehensive plan adopted by the council on July 24, 2006, and as amended over time. (Ord. 1043-24, 6-10-2024)

8-8A-1A-4: APPLICABILITY:

The regulations of the River Club SAP district code shall apply and govern development and use within the River Club SAP district.

A. No person or public agency shall construct, alter, or move a structure; or change the use of a structure; or divide any property; or undertake any development unless:

1. The proposed use, structure, division of property, or modification to a division of property complies with the River Club SAP district code, is not illegal, and provides safety as defined herein; and

2. Any required approval is first obtained as provided by title 8, chapter 6 (Administration) of the Garden City code, and any applicable conditions of approval are met.

B. Nothing in the River Club SAP district code shall eliminate the need for obtaining any other required permits, including, but not limited to: building permits, plumbing, electrical, or mechanical permits; erosion control, sediment control; occupancy permit; or any permit, approval, or entitlement required by other titles of Garden City code, other political subdivisions of the state of Idaho, or agencies of the state of Idaho.

C. Development within the River Club SAP district shall comply with the provisions of the River Club SAP district code unless otherwise preempted by federal, state or local law.

D. Any proposed structure for which a building permit has been issued on or before the date of any subsequent amendment of the River Club SAP district code may be completed, subject to these conditions: (1) the time limitations otherwise applicable to the permit, and (2) the structure follows the plans and application on which the building permit was granted, notwithstanding that said structure or use does not conform to the provisions of the River Club SAP district code. If the structure or use does not comply with the provisions of the River Club SAP district code, the structure or use may be used in accordance with the plans and application as a nonconforming structure provided for in Chapter 1, article B of this title. (Ord. 1043-24, 6-10-2024)

8-8A-1A-5: INTERPRETATION:

A. Language:

1. Terminology: When used in the River Club SAP district code, all words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive.

2. General References: "Idaho Code" means the state statutes of the state of Idaho; "Garden City code" means the adopted ordinances of Garden City; "this article 8A" means the River Club SAP district code; "city" means the city of Garden City; "council" means the Garden City city council; "commission" means the city planning and zoning commission; and "planning official" means the staff person given responsibility for administering the River Club SAP district code.

3. Number of Days: Whenever a number of days is specified in the River Club SAP district code, or in any permit, condition of approval, or notice issued or given as provided in the River Club SAP district code, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or Garden City city holiday.

4. Minimum Requirements:

a. Whenever the provisions adopted herein pursuant to the Local Land Use Planning Act, Idaho Code section 67-6501 et seq., impose higher standards than are required by any other Idaho statute or other local ordinance, the provisions of the River Club SAP district code shall govern.

b. When interpreting and applying the provisions of the River Club SAP district code, all regulations shall be considered to be minimum requirements, unless stated otherwise.

5. Defined Terms: Terms defined in section 8-8A-4A of this chapter, "Definitions," shall have their defined meanings when used elsewhere in the River Club SAP district code unless a different meaning is clearly required by the context. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the "Merriam-Webster’s Unabridged Dictionary Of The English Language" shall be considered as providing accepted meanings.

6. Catchlines: Section headings or captions are for reference purposes only and shall not be used in the interpretation of the River Club SAP district code.

7. References to Laws and/or Regulations: All references to local, state or federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time.

B. District Boundaries: The River Club SAP district is designated on the city’s official zoning map.

C. Conflicting Provisions:

1. In case of conflict between the text and the maps of the River Club SAP district code, the zoning maps shall prevail.

2. In case of conflict between the River Club SAP district code and the Residences at River Club master plan, the River Club SAP district code shall prevail.

3. It is not intended that the River Club SAP district code interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where the River Club SAP district code imposes a greater restriction upon the use of structures or premises, or upon the height, location or size of structures, or requires larger space than is imposed or required by such easements, covenants, or agreements, the regulations of the River Club SAP district code shall govern.

D. Documents by Reference: Documents incorporated by reference into the River Club SAP district code are on file at Garden City City Hall. These documents are as follows:

1. The flood insurance rate maps (FIRMs);

2. Garden City comprehensive plan adopted July 24, 2006, and as amended over time;

3. Garden City "Public Works Environmental Protection Policies";

4. The "Garden City Street Light Manual";

5. ACHD adopted street sections or TLIP;

6. ACHD master street map;

7. ACHD Roadway to Bikeways Plan;

8. ACHD capital improvements plan;

9. Garden City public works master plan. (Ord. 1043-24, 6-10-2024)

8-8A-1B: PROPERTY MAINTENANCE PROVISIONS:

8-8A-1B-1: PURPOSE:

The provisions of this section set forth minimum level of property maintenance standards for the following purposes:

A. To promote the life, health, safety, aesthetic, economic, and general welfare of the citizens of Garden City.

B. To protect individuals from health and safety hazards and the impairments of property values that result from the neglect and deterioration of property.

C. To protect neighborhoods against nuisances, blight, and deterioration.

D. To protect the livability and economic stability of the entire city. (Ord. 1043-24, 6-10-2024)

8-8A-1B-2: APPLICABILITY:

A. This section shall apply to all residential and nonresidential buildings, structures, and lands without regard to the use, date of construction, improvement, or alteration.

B. Buildings, structures, or portions thereof determined to be unsafe shall be abated in accordance with the provisions of the building code for the abatement of dangerous buildings.

C. Buildings or structures determined to be nuisances shall be abated in accordance with the provisions of title 4, chapter 3, Nuisances, of this code. (Ord. 1043-24, 6-10-2024)

8-8A-1B-3: PROPERTY MAINTENANCE STANDARDS:

A. All land visible from the right-of-way, including exterior premises and vacant land, whether improved or unimproved, and exterior areas under any roof not enclosed by the walls, doors, or windows of any building, shall be maintained free from the following:

1. Any accumulation of garbage, debris, rubble, hazardous waste, litter, rubbish, refuse, or waste material, including, but not limited to:

a. Graffiti on walls, buildings, structures, fences, and mailboxes;

b. Bottles, cans, paper, plastic, rags, broken glass, organic or inorganic material;

c. Tires, auto parts, lumber, covering (carpet, pads, vinyl), scrap iron, tin, similar materials or other metal not neatly stacked;

d. Anything that becomes a hazard to the public health and safety or harbors insect, rodent, or vermin infestation; or

e. The exterior visible use or display of tarps, plastic sheeting, or other similar materials as flexible or inflexible screening, used as fencing or wall covering that is not part of a manufactured screen or fence assembly.

2. Heavy equipment, including, but not limited to: forklifts, backhoes, tractors, or similar types of construction or commercial equipment other than equipment used for residential gardening or property maintenance purposes, active construction sites, or where permitted.

3. Vehicles: Vehicles that are not operable for more than three (3) months shall be enclosed in a structure.

4. Any abandoned, unattended, discarded, broken or inoperable commercial or industrial equipment, appliances, machinery, freezers, refrigerators or other household items, equipment, furnishings, or any container, appliance or equipment.

5. Any object, tree, or bush on private property that interferes with, obstructs, partially obstructs, or renders dangerous the free passage, use, or vision in the customary manner of any sidewalk, pathway, street, alley, highway, right-of-way, or traffic light or sign in the River Club SAP district.

6. Any landscape on site or on adjacent right-of-way to edge of pavement which is substantially dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated appearance; uncultivated plants, weeds, tall grass, tumbleweeds, uncultivated shrubs or growth (whether growing or otherwise) higher than six inches (6"); or any dead trees and branches, bushes, shrubs, or portions thereof; or trees that harbor insect or rodent infestations, or may become a fire hazard, or result in a condition which threatens the health and safety of adjacent property owners or occupants.

7. Furniture intended for indoor use being utilized outdoors, discarded or broken furniture; bicycles, bicycle parts, and toys; mattresses, bedding or any similar item or packing materials.

8. Any unguarded and unprotected or abandoned excavation, pit, well, cellar, hole, trench or other excavation of more than two feet (2') in depth on any unenclosed area that may constitute a threat or public hazard.

B. Maintenance of Fences and Walls: All fences, screen walls, and retaining walls visible from the public right-of-way shall be maintained as follows:

1. Structurally sound, safe and uniform in color, structure and design; and

2. Do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight, or conditions of disrepair include, but are not limited to: leaning fences, fences that are missing slats or blocks, graffiti, peeling paint, deterioration of surface finish, rotting, or damaged components.

C. Accumulation of Stagnant Water: All premises shall be maintained so as to prevent the accumulation of stagnant water which otherwise may cause a hazardous or unhealthy condition; become a breeding area for insects; or allow soil erosion or damage to foundation walls visible from the public right-of-way.

D. Refuse Collection: All development shall comply with the requirements for municipal refuse collection as set forth in title 4, chapter 2 of this code, Municipal Refuse Collection.

E. Swimming Pools, Spas, Hot Tubs and Fountains: All swimming pools, spas, hot tubs, and fountains shall be properly maintained as follows:

1. Do not create a health or safety hazard, harbor insect infestation, or have a visibly deteriorated appearance;

2. Water shall not be allowed to stagnate; and

3. Fencing or other barriers required for swimming pool and spa enclosures shall be properly maintained as specified in title 7 of this code, Building Regulations, at the time of pool construction.

F. Vacant and Unsecured Buildings: Vacant and unsecured buildings, structures, and premises shall be actively maintained and monitored through the following provisions:

1. Maintenance of landscape and plant materials in good condition, free of weeds, litter and rubbish;

2. Maintenance of the exterior of the building, including, but not limited to, paint and finishes;

3. Regular removal of all exterior trash, debris, and graffiti;

4. Maintenance of the building in continuing compliance with all applicable codes and regulations; and

5. Prevention of reoccurring criminal activity on the premises.

G. Fences and Walls; Obstruction of Vision: Fences and walls shall not obstruct the clear vision triangle or access to required parking, public utility boxes, meters or other infrastructure.

H. Fire Hazard: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such materials. Such hazards shall be removed from adjacent activities to a distance that is compatible with the potential danger involved as specified in the applicable fire code adopted by the fire authority as amended from time to time.

I. Radioactivity or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point, other than that of the creator of such disturbance.

J. Noise and Vibration: No noise or vibration shall be permitted which is ongoing and disturbing to normal conversation and/or disturbing sleep for neighboring uses.

K. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the applicable air pollution agency.

L. Erosion: No erosion shall be permitted which will carry objectionable substances onto neighboring parcels.

M. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the applicable health authority and other agencies with jurisdiction.

N. Outdoor Display of Merchandise: The outdoor display of merchandise shall be allowed in compliance with the following standards:

1. Merchandise for sale shall be displayed outdoors only during the hours the business is open.

2. The sale of the merchandise displayed outside shall be associated with a specific business located on the site.

3. The outdoor display shall not be located on the public right-of-way, including sidewalks, in the parking lot or in a landscaped area.

O. Outdoor Lighting: Outdoor lighting shall be in compliance with the following standards:

1. All fixtures shall be located or shielded so as to prevent direct glare into a right-of-way and to minimize impact on abutting parcels.

2. Floodlight fixtures shall be set to only go on when triggered by activity (sensor activated) and must turn off within ten (10) minutes of turning on.

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

4. Uplighting shall only be allowed in cases where the fixture and any light the fixture emits are shielded from the sky by a roof overhang or similar structural shield.

5. Laser source light or any similar high intensity light when projected above the horizontal is prohibited.

6. Strobe lights are prohibited, except for emergency uses.

7. Searchlights are prohibited, except where approved for public or temporary uses.

P. Outdoor Service and Equipment Areas: Outdoor service and equipment areas shall be maintained in compliance with the following standards:

1. All on-site service areas for waste, recycling, or trash, and equipment areas for transformer or utility vaults shall be located in an area not visible from a right-of-way or adjoining use, or shall be screened from view from a right-of-way or adjoining use with a privacy fence.

Q. Outdoor Storage: Where allowed, the outdoor storage of vehicles, equipment, materials, or merchandise shall be in compliance with the following standards:

1. No outdoor storage items shall block sidewalks, pathways, driveways to the site, or impede vehicular and pedestrian traffic and/or parking.

2. For nonresidential uses, outdoor storage areas shall be screened from the view of adjacent uses by a solid masonry wall or privacy fence or approved landscape buffer. The height of the wall or fence shall be a maximum of eight feet (8').

3. For residential uses, outside storage of materials shall be screened with a six-foot (6') privacy fence.

4. No junk, materials, goods, merchandise, or wares shall be stored outside in any residential area or visible from a right-of-way.

5. Outdoor storage areas shall require additional landscape located on the outside of any required solid masonry wall or privacy fence.

6. Building materials to be used in the construction of any building may be temporarily stored on the premises where the structure is to be built or renovated for a period of time not to exceed sixty (60) days in advance of the commencement date of construction and sixty (60) days after the termination date of construction.

7. Outside storage for a residential development shall be limited to personal recreation items of the owners and/or tenants.

R. Accessory Structures: No garage, tent, trailer, fifth wheel, motor coach, recreational vehicle, travel trailer or other vehicle or accessory structure shall be erected or used for living quarters or sleeping quarters.

S. The owner(s) of land abutting any street shall be responsible for maintaining any sidewalk in good repair and free from hazards such as debris, weeds, cracks, or ice. (Ord. 1043-24, 6-10-2024)

8-8A-2: RIVER CLUB SAP DISTRICT REGULATIONS:

8-8A-2A: GENERAL PROVISIONS:

8-8A-2A-1: OFFICIAL ZONING MAP:

The boundaries of the River Club SAP district are depicted in Figure 8-8A-2A-1, and are shown on the official zoning map of the city of Garden City. The official zoning map of the city is made a part of the River Club SAP district code. The River Club SAP district code applies to all property designated on the official zoning map of the city as the River Club SAP district.

With the approval of application SAPFY2023-0001, the River Club SAP district property has been rezoned from R-2 (low density residential) to SAPD-01 (River Club specific area plan). The SAPD-01 zone includes three (3) sub-districts that identify a range of allowable uses and a unique set of dimensional standards applicable to each sub-district designed for flexibility and to encourage creativity.

The sub-districts, depicted in Figure 8-8A-2A-1, are:

• West Sub-District (Mixed Use (MU)): The west sub-district is bounded: on the north by State Street; on the south by The River Club Golf Course; on the west by Plantation Acres No. 1 Subdivision and Elmore Lake Townhomes; and on the east by the eastern boundary of Pierce Park Lane extended south from State Street and the central sub-district.

• Central Sub-District (Mixed Use (MU)): The central sub-district is bounded: on the north by State Street; on the south by The River Club Golf Course and the east sub-district; on the west by Pierce Park Lane; and on the east by Plantation View Village.

• East Sub-District (Mixed Residential (MR)): The east sub-district is bounded: on the north by the central sub-district, Plantation View Village, Boise Mobile Park, Savannah Greens No. 4 Subdivision, and Kessinger Subdivision; on the south by The River Club Golf Course; on the west by the central sub-district; and on the east by Evi Plantation Place and Wedgewood Greens Subdivision.

Detail regarding proposed uses and form standards, and design review for each use within each sub-district, is found throughout this title.

Figure 8-8A-2A-1

Sub-Districts of the River Club SAP District

(Ord. 1043-24, 6-10-2024)

8-8A-2B: RIVER CLUB SAP DISTRICT PROVISIONS:

8-8A-2B-1: PURPOSE:

A. Sub-Districts: The purpose of the three (3) sub-districts within the River Club SAP district is to provide a range of single and multifamily housing products and nonresidential uses within the River Club SAP district. The three (3) sub-districts are contrasted by the density, mix of use and housing products found in each sub-district.

Sub-District	Maximum Density	Minimum Density	Typical Housing Types	Other Uses
West sub-district mixed use (MU)	40 dwelling units/acre	At least 14 – 20 dwelling units/acre around activity nodes (especially around transit areas) identified in the comprehensive plan or neighborhood and destination centers	Multifamily dwelling units	Nonresidential: retail, commercial, office
Central sub-district mixed use (MU)	45 dwelling units/acre	At least 14 – 20 dwelling units/acre around activity nodes (especially around transit areas) identified in the comprehensive plan or neighborhood and destination centers	Multifamily dwelling units	Nonresidential: retail, commercial, office
East sub-district mixed residential (MR)	35 dwelling units/acre	At least 14 – 20 dwelling units/acre around activity nodes (especially around transit areas) identified in the comprehensive plan or neighborhood and destination centers	Multifamily, single-family detached, single-family attached, and townhouse dwelling units

B. West Sub-District (Mixed Use): The purpose of the west sub-district is to foster an apartment community with amenities promoting an active lifestyle. A four (4) to five (5) story multifamily residential building is estimated to have a density range of up to forty (40) dwelling units per gross acre. Neighborhood retail and/or office (up to ten thousand (10,000) square feet) may be vertically integrated with dwelling units on upper stories. All amenities and utilities required to serve the west sub-district development will be located in the west sub-district. The perimeter setback from State Street ranges from fifteen to thirty feet (15' to 30') to allow for residential stoops. The west sub-district will emphasize high-quality design, pedestrian orientation, and flexible development standards.

C. Central Sub-District (Mixed Use): The purpose of the central sub-district is to provide a location for pedestrian-oriented development featuring retail, offices and restaurants in conjunction with more intensive, higher density residential uses. Neighborhood retail (up to thirty thousand (30,000) square feet) may be single story or vertically integrated with dwelling units on upper stories. Residential uses will include a mix of housing types with densities up to forty-five (45) dwelling units per gross acre. All amenities and utilities required to serve the central sub-district development will be located in the central sub-district. The perimeter setback from State Street ranges from fifteen to thirty feet (15' to 30') to allow for residential stoops and front yards. The central sub-district will emphasize high-quality design, pedestrian orientation, and flexible development standards.

D. East Sub-District (Mixed Residential): The purpose of the east sub-district is to provide an orderly transition from more intensive, higher density uses and to buffer the existing single-family homes east of the sub-district with extensive landscape and two (2) and three (3) story townhomes or cottages. Density is estimated to range up to thirty-five (35) dwelling units per gross acre. All amenities and utilities required to serve the east sub-district development will be located in the east sub-district. The east sub-district will emphasize high-quality design, pedestrian orientation, and flexible development standards.

E. Overall Density: The maximum number of dwelling units allowed in the River Club SAP district is seven hundred fifty (750) dwelling units. To exceed this limit, the River Club SAP district code must be amended. If such an amendment is requested, the entire River Club SAP need not be amended so long as the city finds the revised density limits are generally in accord with the River Club SAP.

F. Density Transfer: Residential density or dwelling units associated with each sub-district that is not developed may be transferred to another sub-district as follows: undeveloped density associated with the west sub-district may be transferred to the central sub-district; undeveloped density associated with the central sub-district may be transferred to the west sub-district; and undeveloped density associated with the east sub-district may be transferred to either the west sub-district or the central sub-district.

G. In each sub-district, a variety of housing shall be provided at a rate of at least five percent (5%) from each of two (2) or more of the categories of universal design, studio, or one (1) bedroom units.

H. Nonresidential Transfer: Undeveloped nonresidential square footage may be transferred between the west and central sub-districts. (Ord. 1043-24, 6-10-2024)

8-8A-2B-2: ALLOWED USES:

A. Table 8-8A-2B-2 lists allowed uses as: permitted (P); conditional (C); or prohibited ( ).

B. If a proposed use is not specifically listed in Table 8-8A-2B-2, the use shall be prohibited unless the planning official determines that the proposed use is reasonably equivalent to a permitted or conditional use. In making the determination, the planning official shall consider the following:

1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one (1) or more of the uses listed for the River Club SAP district as allowed or conditionally allowed;

2. The proposed use shall not involve a higher level of activity or density than one (1) or more of the uses listed for the River Club SAP district as allowed or conditionally allowed;

3. The proposed use is within the same use category of an allowed or conditionally allowed use listed in the latest edition of the North American Industrial Classification System (NAICS);

4. The proposed use is consistent with the purpose of the River Club SAP district; and

5. The proposed use is in substantial conformance with the goals and objectives of the comprehensive plan.

Should the use be determined reasonably equivalent to a use that requires a conditional use permit, the application shall be required to follow the procedures set forth for conditional use permits.

C. Uses that are listed followed by an asterisk (*) are subject to the specific provisions for the use as set forth in section 8-8A-2C of this chapter, Land Use Provisions. In addition to those specific use provisions set forth in section 8-8A-2C of this chapter, Land Use Provisions, any use designated as a conditional use shall also obtain a conditional use permit as set forth in chapter 6 of this title, Administration.

D. For uses that may fall into more than one (1) category, the planning official shall determine the most appropriate category based on the more restrictive standards.

TABLE 8-8A-2B-2

ALLOWED USES IN THE RIVER CLUB SAP DISTRICT
*Indicates uses that are subject to specific land use provisions as set forth in section 8-8A-2C of this chapter.
Permitted uses	Accessory use*
	Artist studio*
	Bicycle sales, service, storage, rental
	Daycare, neighborhood*
	Daycare, personal*
	Drinking establishment, full service*
	Drinking establishment, limited service*
	Dwelling unit, multifamily*
	Dwelling unit, single-family attached; townhouse
	Dwelling unit, single-family detached
	Eating establishment, full service
	Eating establishment, limited service
	Financial institution*
	Food products, small-scale processing*
	Food store*
	Health club*
	Healthcare and social service
	Home occupation*
	Laboratory – medical, dental, optical
	Laundromat, self-service cleaner*
	Mobile service*
	Nursing and residential care*
	Parking facility
	Personal service*
	Professional service*
	Research and development
	Retail store
	Small cell facility*
	Special event*
	Temporary use*
Uses that are permitted only with an approved conditional use permit	Amusement center*
	Club*
	Daycare, center*
	Laundry and dry cleaning establishment
	Public uses
Prohibited uses	Agriculture
	Animal care facility
	Bed and breakfast
	Building material, garden and equipment
	Church or place of religious worship
	Commercial entertainment facility
	Drive-through establishment
	Dwelling unit, accessory
	Dwelling unit, group
	Equipment rental, sale and service
	Food products, processing
	Fuel sales
	Fuel yard
	Hospital
	Industry, flex
	Industry, information
	Industry, light
	Kennel, hobby
	Laundry and dry cleaning, commercial plant
	Lending institution
	Lodging*
	Manufactured/mobile home or manufactured mobile home park
	Mortuary
	Nursery
	Public service facility
	Recreational vehicle park
	Retail production
	School
	Service provider
	Sexually oriented businesses
	Storage facility or yard
	Storage facility, self-service
	Storage yard, commercial recreational vehicle
	Tobacco entertainment facility
	Tobacco retail store
	Vehicle rental
	Vehicle sales
	Vehicle service
	Vehicle washing facility
	Vehicle wrecking yard
	Warehouse and storage, wholesale
	Wireless communication facility

(Ord. 1043-24, 6-10-2024)

8-8A-2B-3: FORM STANDARDS:

A. Table 8-8A-2B-3, Form Standards, of this section shall be used for determining standards for development in the River Club SAP district.

B. Subsections D through G of this section set forth certain exceptions and additional clarification for the form standards.

C. Additional provisions as set forth in chapter 4 of this title, Design And Development Regulations, may also affect the form standards.

TABLE 8-8A-2B-3

FORM STANDARDS
	All Sub-Districts	Notes
Height (Maximum)*
Multifamily and Retail	65'	1
Single-Family (Detached and Attached) and Townhouse	35'
Perimeter Setbacks (Minimum)
State Street	15'	2
Along Golf Course	10'
Side	10'
Building Separation (Minimum)*
Between Buildings	10'
From Pierce Park Lane	10'	3
From Any Right-of-Way	3'	3
From a Parking Facility	3'	4

Notes:

1. The maximum height (excluding appurtenances) in the east sub-district south of the line depicted on the master plan shall be thirty-five feet (35').

2. A maximum perimeter setback of thirty feet (30') shall apply to forty percent (40%) of the State Street frontage.

3. Measured from back of curb.

4. Parking-related structures (e.g., garages, carports) are exempt.

* Indicates an exception that follows.

D. Maximum Height Limit:

1. The maximum height limitations shall not apply to the architectural features or appurtenances not intended for human occupation such as, without limitation: spire or steeple; belfry; cupola; chimney; elevator equipment. Such architectural features or appurtenances shall have a maximum height limit of twenty feet (20') as measured from the roofline.

2. The maximum height limitations shall not apply to the following: fire and hose tower; power line tower; water tank or tower; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy.

E. Separation:

1. Encroachments allowed in any perimeter setback or building separation:

a. Open structures, canopies, balconies, platforms, covered patios, cornices, eaves or other projections which do not increase the volume of space enclosed by the building and do not project into any required perimeter setback or building separation by more than two feet (2').

b. Chimneys, pop-out windows, direct vent gas fireplaces, window seats and other projections which do not increase the usable floor area and do not exceed eight feet (8') in width may project up to two feet (2') into any required perimeter setback or building separation.

2. Covered front porches with a minimum of five feet (5') depth or more may encroach into the perimeter setback or building separation.

3. Any allowed encroachments, including but not limited to structures, bushes, and artwork, must not encroach closer than eighteen inches (18") from any sidewalk or pedestrian pathway.

4. Accessory structure(s) shall not be located in the front of a building.

5. When access is taken from a public street, the entrance to a garage shall be set back a minimum of twenty feet (20') from the back of the sidewalk, or property line if no sidewalk is present, as measured perpendicular from the foundation of the structure abutting the driveway. The purpose of this garage setback is to provide visibility for vehicles entering into the public right-of-way and prevent vehicles parked in a driveway from encroaching into the sidewalk or roadway. (Ord. 1043-24, 6-10-2024)

8-8A-2C: LAND USE PROVISIONS:

8-8A-2C-1: PURPOSE:

This section provides specific standards for certain allowed uses, including permitted and conditional uses, as set forth within the River Club SAP district. (Ord. 1043-24, 6-10-2024)

8-8A-2C-2: ACCESSORY USE:

A. Limitations:

1. An accessory use shall not be permitted if the use is otherwise not permitted in the River Club SAP district.

2. Accessory uses shall not be permitted in the River Club SAP district without an underlying legal principal use.

3. An accessory structure shall not be used for sleeping quarters. (Ord. 1043-24, 6-10-2024)

8-8A-2C-3: AMUSEMENT CENTER:

Other Regulations Apply: A use that is a pool, billiard or card room shall comply with the licensing requirements as set forth in title 3 of this code, Business And License Regulations. (Ord. 1043-24, 6-10-2024)

8-8A-2C-4: ARTIST STUDIO:

A. Standards:

1. The artist or artists who are endeavoring in production, sale or instruction of the creative pursuit reside in the dwelling; or

2. The art and/or creative process being conducted on the site are visible to the public, on sale at the site, or the site is open to the public. (Ord. 1043-24, 6-10-2024)

8-8A-2C-5: CLUB:

A. Separation: No outdoor activity area associated with the use shall be located within fifty feet (50') of a residential use.

B. Accessory Uses: The sale and/or distribution of beer and wine shall be allowed as an accessory use.

C. Other Regulations Apply: The use shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. (Ord. 1043-24, 6-10-2024)

8-8A-2C-6: DAYCARE FACILITY:

A. Determining the Type of Facility: In determining the type of daycare facility, the total number of individuals cared for during the day, and not the number of individuals at the facility at one (1) time, is the determining factor. The operator’s children are excluded from the number.

B. Access and Parking: On-site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients.

C. Limitations: Where adjoining an adjacent residence, the hours of operation shall be between six o’clock (6:00) A.M. to eight o’clock (8:00) P.M.

D. Additional Standards for Daycare Facilities That Serve Children:

1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') fence to secure against exit/entry by small children and to screen abutting users.

2. Outdoor play equipment over six feet (6') high shall not be located in a perimeter setback.

3. Outdoor play areas adjacent to an existing residence shall not be used after dusk.

4. The use shall comply with the licensing requirements as set forth in title 3 of this code, Business And License Regulations. (Ord. 1043-24, 6-10-2024)

8-8A-2C-7: DRINKING ESTABLISHMENT:

A. Separation: The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or school.

B. Limitations:

1. No outside activity or event shall be allowed in any parking lot, except as allowed through a special events permit that takes into account the public health and welfare, the interests of adjoining parcel owners, noise, traffic and vehicular and pedestrian safety.

2. No amplification device shall be used such that the sound is plainly audible within any residence or is plainly audible on a street at a distance of one hundred feet (100') or more from the amplification device.

3. Establishments shall remain closed between two o’clock (2:00) A.M. and six o’clock (6:00) A.M. Closing times shall be clearly posted on all entrances and exits.

C. Other Regulations Apply:

1. The use shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages.

2. The use shall comply with the licensing requirements as set forth in title 3 of this code, Business And License Regulations.

3. Security shall be provided for the entire premises including inside the building and any parking lot or outside usable space. Security shall be provided in the following prescribed manner:

a. Security personnel are required and shall wear identical attire clearly identifiable with the word "Security" on the back side of shirts; and

b. Security staff should have some means of two (2) way communication; and

c. Video surveillance is required; and

d. Door security alarms shall be installed so as to prevent patrons from entering and exiting the building from doorways other than the main entrance; and

e. Parking facilities shall be lighted; and

f. Mandatory identification checks of all individuals patronizing the establishment shall be conducted and no one under the legal age to drink alcohol shall be allowed to patronize the establishment; and

g. No loitering outside of the establishment shall be permitted. (Ord. 1043-24, 6-10-2024)

8-8A-2C-8: DWELLING UNIT, MULTIFAMILY:

A. Separation: Separation within the site between buildings shall be a minimum of ten feet (10').

B. Site Layout: All multifamily developments shall provide for amenities from the categories of: quality of life; open space; and recreation to meet the particular needs of the residents as follows:

1. Quality of life amenities may include: (a) clubhouse; (b) fitness facilities; (c) enclosed bike storage; or (d) public art.

2. Open space as provided in section 8-8A-3H-5 of this chapter.

3. Recreation amenities may include: (a) pool; (b) walking trails; (c) children’s play structures; or (d) sports courts.

4. The number of amenities shall depend on the size of the multifamily development as follows:

a. For multifamily developments with less than twenty (20) dwelling units, two (2) amenities shall be provided from two (2) separate categories.

b. For multifamily developments between twenty (20) and seventy-five (75) dwelling units, three (3) amenities shall be provided, with one (1) from each category.

c. For multifamily developments with seventy-five (75) dwelling units or more, four (4) amenities shall be provided, with at least one (1) from each category.

C. Site Maintenance: All common open space shall be the responsibility of the owner or an owners’ association or property management company for the purpose of maintaining the common area and improvements. Land designated as common open space may be conveyed to the city, where the city agrees to accept conveyance and maintenance.

D. Additional Standards for Developments With Twenty (20) Units or More: Developments with twenty (20) dwelling units or more shall provide the following:

1. A centrally located and uniquely designed property management office.

2. A maintenance storage area.

3. A central mailbox location, including provisions for parcel mail that provide safe pedestrian and/or vehicular access.

4. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 1043-24, 6-10-2024)

8-8A-2C-9: FINANCIAL INSTITUTIONS:

Other Regulations Apply: The location, access and safety features of all automated teller machines (ATMs) shall be subject to review and approval by the Garden City police department, and in accord with the standards set forth in section 8-8A-3A-6 of this chapter, Self-Service Uses. (Ord. 1043-24, 6-10-2024)

8-8A-2C-10: FOOD PRODUCTS PROCESSING:

A. Separation:

1. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of five hundred feet (500') from any abutting residential use.

2. Uses shall be located a minimum of one thousand feet (1,000') from any hospital.

B. Limitations: No outside activity or event shall be allowed on the site, except as allowed through a conditional use permit that takes into account the public health and welfare, the interests of adjoining parcel owners, odor, noise, traffic and vehicular and pedestrian safety.

C. Other Regulations Apply: The operator shall have a continuing obligation to comply with all city, county and state regulations relative to such an operation. (Ord. 1043-24, 6-10-2024)

8-8A-2C-11: FOOD STORES:

A. Maximum Size: The maximum size is limited to fifteen thousand (15,000) square feet. (Ord. 1043-24, 6-10-2024)

8-8A-2C-12: HEALTH CLUB:

No outdoor activity area associated with the use shall be located within fifty feet (50') of any residence. (Ord. 1043-24, 6-10-2024)

8-8A-2C-13: HOME OCCUPATIONS:

A. Maximum Size:

1. Home occupation use shall be conducted entirely within a residential structure and shall occupy no more than twenty-five percent (25%) of the gross floor area of the residential structure. The maximum floor area calculation shall include on-site storage areas, and any portion of the home occupation that is located within an accessory structure.

2. The floor area maximum can be exceeded if the storage area is located off site.

3. The area devoted to home occupation shall not occupy an area required for residential parking.

B. Site Layout:

1. There shall be no alteration to the residential character of the premises as a result of the home occupation use.

2. The existence of a home occupation use shall not be apparent beyond the boundaries of the premises.

3. No outdoor storage or display of equipment, appliances, materials, or supplies shall be allowed.

4. Only one (1) sign not exceeding four (4) square feet in area, nonilluminated and mounted flat against the building, shall be allowed.

C. Limitations:

1. There shall be no items sold in the home occupation other than products crafted on the premises. Items manufactured off site may be sold through mail order or through the internet as long as the home occupation use (including storage area) does not exceed twenty-five percent (25%) of the gross floor area of the residential structure.

2. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

3. Guns and ammunition shall not be sold as part of a home occupation, except that a home occupation for a gunsmith or firearms collector licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives as a gunsmith or firearm collector is allowed and the license shall be visible at all times.

4. The home occupation shall not serve as a headquarters or main office where employees come to the premises and are dispatched to other locations.

5. Only a resident of the dwelling unit and one (1) other person other than a family member shall work from the premises of the home occupation use.

6. The home occupation shall not involve the use of more than one (1) commercial vehicle.

7. A home occupation use shall not allow any clients or customers without prior appointments.

8. Client/customer appointments are limited to the hours of seven o’clock (7:00) A.M. to ten o’clock (10:00) P.M., Monday through Friday.

9. If there is an employee other than a family member, one (1) parking space shall be provided in addition to the parking required for the residential use. (Ord. 1043-24, 6-10-2024)

8-8A-2C-14: LAUNDROMAT, SELF-SERVICE CLEANING:

A. Limitations:

1. The hours of operation shall be limited to between six o’clock (6:00) A.M. and eleven o’clock (11:00) P.M.

2. Exhaust shall be discharged upward and a minimum of twenty-five feet (25') from any adjacent residential use.

B. Other Regulations Apply: If unattended, the use shall meet the requirements of section 8-8A-3A-6 of this chapter, Self-Service Uses. (Ord. 1043-24, 6-10-2024)

8-8A-2C-15: MOBILE SERVICE:

A. Requirements and Limitations:

1. This use is exempt from permits under the River Club SAP district code. Exemption from permits under this section does not waive the requirement of other city licenses and permits or as otherwise required by other governmental entities.

2. The vehicle from which the business or service is operated must be legally licensed through the Department of Transportation. (Ord. 1043-24, 6-10-2024)

8-8A-2C-16: PERSONAL AND PROFESSIONAL SERVICES:

A. Other Regulations Apply: A use that is a private security, escort or massage service shall comply with the licensing requirements as set forth in title 3 of this code, Business And License Regulations. (Ord. 1043-24, 6-10-2024)

8-8A-2C-17: SMALL CELL FACILITY:

A. Applicability: The requirements of this section shall apply to the placement of each new small cell facility and the expansion or alteration of any existing small cell facility. Other wireless communication facilities are regulated by section 8-2C-46 of this code.

B. Eligible Facility Requests: Upon receipt of an application designated by the applicant as an eligible facilities request, the planning official shall review such application to determine whether the application so qualifies. Consistent with applicable law, the request shall be allowed if the application qualifies as an eligible facility request.

C. General Requirements:

1. A small cell facility must submit an application and obtain a license from Garden City.

2. A small cell facility, not in an eligible facility request, must comply with any applicable master license agreement and the most current small cell design standards as adopted by resolution of Garden City.

3. A small cell facility shall not create adverse noise from generators or other accessory equipment.

4. A small cell facility shall not create access or grading issues.

5. A small cell facility shall not interfere with the safe operation of traffic control equipment.

6. A small cell facility shall not interfere with sight lines or clear zones for transportation or pedestrians.

7. A small cell facility shall not violate any applicable laws, codes, or regulations.

8. A small cell facility which creates a disturbance to public or private property landscape, regardless if it is located within a public easement, shall be repaired to its original state after installation is complete.

9. Before construction of a small cell support structure or small cell facility commences in a utility easement or public right-of-way, the applicant shall provide written evidence of a permit license, or legal right or approval to use such structure or facility from the owner of said utility easement or right-of-way.

D. Exceptions to Application Requirement: Subject to the adopted small cell design standards, an application shall not be required for:

1. Routine maintenance; or

2. The replacement of a facility or antenna with another facility or antenna of equal or lesser size or height.

E. Discontinuation of Use: Any small cell facility that is no longer in use shall be reported by the service provider to the planning official. A discontinued facility shall be removed within six (6) months and the site restored to its preexisting condition. (Ord. 1043-24, 6-10-2024)

8-8A-2C-18: SPECIAL EVENT:

A. Requirements and Limitations:

1. Special events are exempt from permits under the River Club SAP district code. Exemption from permits under this section does not waive the requirement of other licenses and permits such as liquor or building permits.

2. A special events permit must be obtained from the city. The city may impose requirements to ensure that the health and safety of the city is not compromised.

3. Special events may be allowed for a period not to exceed three (3) days total within any ninety (90) day period.

4. Any blocking of a right-of-way will require approval from the city or applicable transportation authority, if any, and/or property management company.

5. Activities or uses of a site that are prohibited by the River Club SAP district code shall be prohibited.

6. Uses of a site that require a conditional use permit shall be required to obtain a conditional use permit prior to the special event.

7. All applicable licenses and permits such as vendor’s or central district health department licensing requirements are required. (Ord. 1043-24, 6-10-2024)

8-8A-2C-19: TEMPORARY USES:

A. Site Design:

1. Temporary uses that are seeking permit renewal for the same temporary use at a location shall be considered a permanent use and shall be required to go through the design review process.

2. Structures and/or the display of merchandise shall comply with the perimeter setback requirements of the River Club SAP district.

3. Temporary structures and merchandise shall be displayed so as to not interfere with the clear vision triangle. In no case shall items be displayed, or business conducted, within the public right-of-way, unless otherwise authorized by the applicable transportation authority and/or property management company.

4. Compressors, fans, pumps, and other motorized equipment shall be located or shielded to reduce noise levels to adjoining uses so as to not exceed fifty (50) decibels at adjacent uses.

5. A maximum of one (1) structure in conjunction with the temporary use shall be allowed and may cover a maximum of five hundred (500) square feet.

6. No use shall be located on a site in a way that would block a private or public sidewalk.

7. A temporary use shall not result in the removal of any trees.

8. Adequate off-street parking shall be provided to serve the use.

9. The use shall not displace the required off-street parking spaces or loading areas of the permitted uses on the site.

10. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.

11. All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material.

B. Requirements and Limitations:

1. The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the provisions of the River Club SAP district code.

2. The applicant shall provide notarized consent of the parcel owner.

3. Any temporary structures shall be portable and completely removed from the premises at the end of the allowed time period.

4. Except as otherwise defined in this section, one (1) temporary use is allowed at the location for the specified period.

5. The temporary use permit shall specify a beginning and end date of the use.

6. All signs erected in association with the use shall be in compliance with the regulations for signs as set forth in chapter 4, article F of this title, Sign Provisions.

7. A building permit for temporary structures may be required as set forth in title 7 of this code, Building Regulations.

8. Activities or uses of a site that are prohibited by the River Club SAP district code shall be prohibited.

9. Activities or uses of a site that require a conditional use permit shall be required to obtain a conditional use permit prior to the commencement of the use.

10. No direct sales to customers while customers are in vehicles shall be allowed.

11. The sale or storage of alcohol is prohibited.

C. Site Maintenance:

1. The site shall be returned to a clean condition after the termination of the use, including being free of debris and garbage.

2. All outdoor display of merchandise shall be in compliance with the standard set forth in section 8-8A-1B-3.N of this chapter, Outdoor Display Of Merchandise.

3. Unsold food products and debris generated by the use shall be properly disposed off the site.

4. Any vehicles that may be used in conjunction with the use must be:

a. Legally licensed through the Department of Transportation;

b. Immediately movable;

c. Completely removed from the premises at the termination of the permit.

D. Standards for Specific Types of Temporary Uses:

1. Additional Standards for Fireworks Stands:

a. The use shall be prohibited.

2. Additional Standards for Model Home Sales/Leasing, Construction Office, Temporary Storage, and Construction Staging Areas:

a. The sales/leasing office shall be located within the River Club SAP district.

b. The use of the sales/leasing office shall be limited to the sale/lease of dwellings within the River Club SAP district.

c. When required, the applicant or owner shall obtain a building permit to convert the sales/leasing office to a dwelling or shall remove the sales/leasing office within thirty (30) days of the sale or rent of the final dwelling unit.

d. Temporary buildings, construction trailers, temporary fences, equipment and materials may be permitted in the River Club SAP district during the period construction work is in progress; provided, that the location and nature have been included as part of an approved permit. Such temporary facilities or equipment shall be removed within sixty (60) days of substantial completion of the construction work.

e. Temporary storage not associated with a building permit or other city approval is limited to thirty (30) days per calendar year and is exempt from the temporary use permit.

3. Additional Standards for Seasonal Sale of Agricultural and Food Products:

a. Christmas tree lots shall be removed by January 1. (Ord. 1043-24, 6-10-2024)

8-8A-3: DESIGN AND DEVELOPMENT REGULATIONS:

8-8A-3A: GENERAL PROVISIONS:

8-8A-3A-1: PURPOSE:

The provisions in this section provide standard regulations for the location, design, and development of the River Club SAP district. The purposes of these standard regulations are:

A. To ensure that the development of property protects the public, health, safety and welfare of the community;

B. To protect property values and rights of all residents;

C. To protect and enhance the community’s assets and natural resources; and

D. To establish minimum standards of property maintenance and aesthetics. (Ord. 1043-24, 6-10-2024)

8-8A-3A-2: APPLICABILITY:

The provisions apply to all new development and the substantial alteration of existing development in the River Club SAP district. In addition to the standards set forth in this code, design must be stylistically similar to, and of equal or superior quality to, the design concepts as identified in the master plan conceptual photos and renderings. (Ord. 1043-24, 6-10-2024)

8-8A-3A-3: FENCES AND WALLS:

A. Applicability: All new fences shall be required to be in conformance with this section. Legal nonconforming fences may remain so as long as there are no significant improvements to the site or specifically conditioned in a conditional use permit.

B. Permit Required: Anyone constructing a fence or wall over six feet (6') in height shall first obtain design review consultant(s) recommendation for approval followed by approval from the planning official and a building permit from the city prior to construction. Any fence located in the floodway shall secure a floodplain permit from the city prior to construction.

C. Maximum Height Requirements:

1. Fences and walls located along a street frontage within the perimeter setback: three and one-half feet (3.5').

2. Fences and walls located within the building separation not adjacent to rights-of-way: six feet (6').

3. Fences and walls between residential use(s) and commercial uses: eight feet (8').

4. The height of fences and walls shall be measured from the existing grade.

D. Separation: Fences greater than three and one-half feet (3.5') shall be set back to be flush or behind the building frontage. Where there is no building frontage, fences greater than three and one-half feet (3.5') shall be set back minimally ten feet (10') from the back of sidewalk so as to allow for street trees and landscape between the fence and the sidewalk.

E. Prohibited Fencing Materials: The use of barbed wire, razor wire, boxes, sheet metal, old or decayed wood, broken masonry blocks, chain link, chain link with slats, or other like unsightly materials for fencing shall be prohibited unless an application is made for design review consultant(s) and is recommended to and approved by the planning official as compliant with the following:

1. Implement the vision as set forth in the comprehensive plan; and

2. Demonstrate that the fence provides significant creativity and uniqueness, and the intent is not to merely evade the provisions set forth in this section, or can demonstrate that the fence is an established icon that enhances the community’s assets more than a fence complying with the requirements set forth in this section; and

3. Demonstrate that it is constructed of professional and durable materials, and is not intended to be of a temporary nature. (Ord. 1043-24, 6-10-2024)

8-8A-3A-4: OUTDOOR LIGHTING:

A. Standards:

1. The height of a freestanding light fixture shall not exceed thirty feet (30').

2. Electrical feeds to outdoor light fixtures shall be underground, not overhead.

3. Street lighting shall be provided consistent with an adopted fixture design and plan developed by the city.

B. Prohibitions:

1. Mercury vapor lamp fixture and/or lamp.

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

3. Strobe lights, except for emergency uses.

4. Searchlights, except where approved for temporary uses.

5. Lighting, including holiday lighting, on commercial or private tower structures that exceed the River Club SAP district height limit except as required by regulations of the Federal Aviation Administration (FAA). (Ord. 1043-24, 6-10-2024)

8-8A-3A-5: OUTDOOR SERVICE AND EQUIPMENT AREAS:

A. All on-site service areas for waste, recycling, or trash, and equipment areas for transformer and utility vaults shall be located in an area not visible from a public or private street or adjoining uses, or shall be screened from view from a public or private street and adjoining uses with a privacy fence.

B. Unless fully enclosed and baffled so that no noise is detected by any adjoining user, the location of outdoor mechanical equipment shall meet the following separation requirements:

1. Commercial uses abutting residential uses: fifty feet (50') from the residential use.

2. Between residential uses: twenty-five feet (25') from an adjacent residential use.

C. HVAC equipment, trash dumpsters, recycling, trash compaction, and other service functions shall be incorporated into the overall design of buildings and landscape so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent uses and streets. (Ord. 1043-24, 6-10-2024)

8-8A-3A-6: SELF-SERVICE USES:

Any unattended, self-service uses including, but not limited to, laundromat and automatic teller machines (ATMs), shall comply with the following requirements:

A. The entrance or transaction area of the self-service facility shall be open to the street and shall have low impact security lighting.

B. Financial transaction areas shall be oriented to, and visible from, an area that receives a high volume of traffic.

C. Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and financial transaction areas and the street.

D. The Garden City police chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided.

E. The following special provisions shall be required for automated teller machines (ATMs) and walk-up bank services:

1. A five foot (5') deep space shall be provided in front of the ATM;

2. A lighting plan will be required with the intent to ensure that adequate lighting is provided;

3. A trash receptacle not impeding access shall be immediately accessible to the ATM; and

4. At the time that the ATM is removed, the structure’s facade shall have a finished appearance consistent with the existing structure. (Ord. 1043-24, 6-10-2024)

8-8A-3A-7: STORM WATER SYSTEMS:

A. Purpose: The provisions of this section are intended to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well-designed storm water filtration swales into required landscape areas, where topography and hydrologic features allow.

B. Applicability: The standards for storm water integration shall apply to all site improvements and ACHD storm water facilities.

C. Standards:

1. Storm water swales incorporated into required landscape areas shall be vegetated with grass or other appropriate plant materials. Such swales shall also be designed to accommodate the required number of trees as per section 8-8A-3G-4.A of this chapter, Landscape for Single-Family Detached Dwelling Units, if located in a required landscape area.

2. A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five feet (5') in any horizontal dimension. Grates for sand/grease interceptors may also be incorporated, but the inlet structures may not exceed two feet (2') in any horizontal dimension.

3. Gravel, rock, or cobble storm water facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature.

4. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels.

5. Organic mulch shall not be used against drainage catch basins due to potential sediment clogging.

6. Slopes shall be less than three to one (3:1) (horizontal to vertical) for accessibility and maintenance.

7. The storm water facility shall be designed free draining with no standing water within twenty-four (24) hours of the completion of a storm event. (Ord. 1043-24, 6-10-2024)

8-8A-3A-8: UTILITIES:

A. All utilities for a new structure shall be installed underground. For the purposes of this section, the term "utilities" shall include, but not be limited to, electric, natural gas, water, wastewater collection, storm drainage, telephone, and cable services.

B. All development shall be connected to the Garden City water and sewer systems. (Ord. 1043-24, 6-10-2024)

8-8A-3A-9: WATERWAYS:

A. Natural Waterways:

1. All natural waterways shall remain as a natural amenity and shall not be piped or otherwise covered except as provided herein, which piping or covering may be to accommodate the crossing of any street, pathway or other accessway.

2. Natural waterways may be altered if: (a) the alteration will improve the hydraulics and ease of maintenance of the waterway; and (b) there is no change in the hydraulics of the waterway that impacts the flow or volume on downstream properties.

3. Fencing along all natural waterways shall not prevent access to the waterway. If fencing is required, open fencing only is allowed, and privacy fencing is prohibited. All fencing shall be approved by the applicable irrigation or drainage district.

B. Pressurized Irrigation; Irrigation Ditches, Laterals, Canals, and Drains:

1. Pressurized irrigation shall be provided in conformance with section 8-8A-3G-3 of this chapter.

2. Irrigation ditches, laterals, canals, and drains shall be left open and used as a water amenity or linear open space, except as otherwise depicted on the master plan as covered or piped, or unless it can be demonstrated to the design review consultant(s) and the planning official by the process set forth in section 8-6B-3 of this title that the irrigation ditch, lateral, canal, or drain is located on the property in such a manner that the proposed use of the property is infeasible without such covering or piping.

3. Irrigation ditches, laterals, canals, and drains do not require fencing. If fencing is installed, open fencing only is allowed, and privacy fencing is prohibited. All fencing shall be approved by the applicable irrigation or drainage district.

4. For any irrigation or drainage ditch, piping or alteration of the ditch shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties.

5. In no circumstances shall structures be built over irrigation ditches, laterals, canals and drains or within their dedicated easements without permission of the applicable irrigation or drainage district. (Ord. 1043-24, 6-10-2024)

8-8A-3B: DESIGN PROVISIONS FOR RESIDENTIAL STRUCTURES:

8-8A-3B-1: PURPOSE:

A. To create residential development that is safe, sustainable and convenient, and that enhances the quality of life of its residents;

B. To promote quality building design in residential development that enhances the visual character of the community;

C. To ensure that the design of structures and site development is compatible with the intended character of the neighborhood as set forth in the comprehensive plan;

D. To promote neighborhood and walkability in residential design; and

E. To create open space areas and neighborhood amenities that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. (Ord. 1043-24, 6-10-2024)

8-8A-3B-2: APPLICABILITY:

A. This section provides standard regulations for design and development of residential use. This section supplements the regulations for development in the River Club SAP district and specific use standards or other provisions of this section.

B. The provisions in this section apply to all new development and the substantial alteration of existing development in the River Club SAP district. (Ord. 1043-24, 6-10-2024)

8-8A-3B-3: SINGLE-FAMILY DETACHED, SINGLE-FAMILY ATTACHED AND TOWNHOUSE RESIDENTIAL DWELLING UNITS:

A. Building Design:

1. Materials used on the street facade of a residential structure shall wrap a minimum of two feet (2') around the facades not facing the street, or terminate at a perpendicular building element.

2. The front entry of a residential structure shall be clearly defined and identifiable as demonstrated by the following:

a. Shall have a direct and permanent pathway that connects to the sidewalk or pedestrian pathway; and

b. Shall be clearly visible in the front elevation of the structure, with, by way of example, a front entry door with a covered porch, dormer, stoop, decorative posts or roof.

3. All elevations adjacent to streets must contain:

a. Windows; and

b. Shall have a direct and permanent pathway that connects to the sidewalk and/or right-of-way and an entrance with decorative posts or roof, or covered porch; and

c. Modulation in the building facades.

B. Accessory Structures:

1. An accessory structure shall not be used by a person or entity other than the resident of the dwelling unit.

2. An accessory structure shall require design review consultant(s) recommendation and subsequent approval by the planning official as set forth in section 8-6B-3 of this title and approval of a conditional use permit if the structure is not designed to an "R" or "U" occupancy, as defined by or otherwise exempted from permit by the adopted building codes.

3. An accessory structure shall not be utilized as a dwelling.

4. Accessory structures and all portions of the principal structure, such as an attached garage, that are utilized for residential accessory uses over a combined one thousand (1,000) square feet may not exceed the combined square footage of the principal dwelling unit without a design review consultant(s) recommendation and planning official approval as set forth in section 8-6B-3 of this title and subsequent approval of a conditional use permit.

C. Garage and Carport:

1. A garage and carport shall be de-emphasized when viewed from a street demonstrated by one (1) of the following:

a. The garage or carport shall not occupy more than fifty percent (50%) of the right-of-way frontage unless the garage has one (1) of the following: windows in or above the garage doors; and dormers, raised or recessed trim on the garage doors; or garage doors sized for a single automobile; and contains texture, color, and materials that match the residential structure; and

(1) The garage or carport is recessed at least six feet (6') behind the front building line of the residential structure; or

(2) The garage or carport is located with a side entrance; or

b. The garage or carport is located off a public street designated as an alley.

2. A temporary carport shall only be located behind the house and not visible from a right-of-way, and shall not be allowed on a corner. (Ord. 1043-24, 6-10-2024)

8-8A-3B-4: MULTIFAMILY RESIDENTIAL DWELLING UNITS:

A. Building Perimeter Setback and Building Separation: Building perimeter setback and building separation shall take into account windows, entrances, porches and patios, and how they impact adjacent uses.

B. Building Design:

1. All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to, windows, bays and offsetting walls that extend at least two feet (2'); recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet (2') and minimum area of twenty-five (25) square feet.

2. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification.

3. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

4. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a pitch no less than five to twelve (5:12).

5. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged.

6. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children’s recreation.

7. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent streets and uses by the use of parapets, walls, fences, enclosures, or by other suitable means.

C. Multiple Buildings on One (1) Site: Development of multiple structures on one (1) site shall comply with the requirements set forth in section 8-8A-3C-4.B of this chapter, Multiple Nonresidential and Mixed Use Structures on One (1) Development Site. (Ord. 1043-24, 6-10-2024)

8-8A-3C: DESIGN PROVISIONS FOR NONRESIDENTIAL AND MIXED USE STRUCTURES:

8-8A-3C-1: PURPOSE:

The purpose of the nonresidential and mixed use design provisions is to improve the image, economic vitality, and long-term sustainability of nonresidential and mixed use development within the River Club SAP district. Specifically, these provisions are intended:

A. To create development that creates a sense of place and contributes to the uniqueness of the River Club SAP district;

B. To improve the accessibility of development to nonmotorized and public modes of transportation;

C. To encourage a development pattern in nodes rather than strip commercial along arterial corridors;

D. To set in place a compact development pattern;

E. To encourage a process for development of property that provides certainty and flexibility to applicants and property owners;

F. To provide outdoor spaces and landscape compatible with the southwest Idaho climatic conditions and that encourage pedestrian activity. (Ord. 1043-24, 6-10-2024)

8-8A-3C-2: APPLICABILITY:

This section sets forth provisions that apply to any nonresidential and mixed use development in the River Club SAP district. The provisions apply to the various forms of development including: new construction, major and minor alterations, large scale construction, and development in specific locations as follows:

A. New Construction: For any new construction, the requirements of this section shall apply to all parts of the building and landscape area.

B. Structural Addition: For any structural addition that adds more than twenty-five percent (25%) increase in gross floor area of the existing building, all of the building shall be brought into conformance with the requirements of this section.

C. Storefront Renovations: Any storefront renovations, where more than twenty-five percent (25%) of the facade of the store is altered, replaced, rehabilitated or restored, shall comply with sections 8-8A-3C-3.A, 8-8A-3C-3.D, 8-8A-3C-3.E, 8-8A-3C-3.F, and 8-8A-3C-5 of this chapter.

D. Improvements: Any improvements that change or cumulatively change more than twenty-five percent (25%) of the west sub-district or the central sub-district within a twenty-four (24) month period shall be required to conform to sections 8-8A-3C-3.B and 8-8A-3C-3.D of this chapter.

E. Exceptions: This section does not apply to any new accessory structure that is less than twenty-five percent (25%) of the assessed value of the principal structure and is not located at the front or street side of a building. (Ord. 1043-24, 6-10-2024)

8-8A-3C-3: GENERAL PROVISIONS FOR NONRESIDENTIAL AND MIXED USE DEVELOPMENT:

The provisions that follow establish an objective statement followed by guidelines for meeting that objective. In any situation, there may be a range of alternative methods for achieving the objective. The design review process set forth in chapter 6 of this title, Administration, provides the process for allowing innovation and creativity in meeting the development design objectives.

A. Objective 1: The design of all structures shall have a scale, massing and urban form that has a relationship to the street, the pedestrian, and adjacent buildings.

1. First-Floor Facades: First-floor facades visible from a street should include surfaces in windows, showcases, displays, or pedestrian access elements as follows: for retail uses at least fifty percent (50%), for all other uses at least fifteen percent (15%).

2. Wall Plane: Facades should have no wall plane wider than two and one-half (2.5) times the height of the wall plane. If a new wall plane is required to achieve compliance with this requirement, it must be offset by at least six feet (6').

FIGURE 8-8A-3C-3.A.2

ACCEPTABLE AND NOT ACCEPTABLE WALL PLANE DIMENSIONS

EXAMPLES

3. Blank Walls: No blank walls should front a street. Any blank walls should be treated in one (1) or more of the following ways:

a. Installing a vertical trellis in front of the wall with climbing vines or plant materials; or

b. Providing a landscaped planting bed at least five feet (5') wide or raised planter bed at least two feet (2') high and three feet (3') wide in front of the wall, with plant materials that obscure or screen at least fifty percent (50%) of the wall’s surface within three (3) years; or

c. Providing artwork (mosaic, mural, sculpture, relief, etc.) over at least fifty percent (50%) of the blank wall surface.

FIGURE 8-8A-3C-3.A.3

VERTICAL TRELLIS AND LANDSCAPE TREATMENT ON BLANK WALL EXAMPLE

B. Objective 2: The design layout of all sites shall maximize opportunities for safe and comfortable pedestrian accessibility and minimize the obtrusive effects of parking and vehicular circulation.

1. Parking Lot Locations: All parking lots should be located to the side and rear of the building fronting on the street. A parking lot may be located between a building and a street when the visual effect of the parking lot has been mitigated by one (1) of the following ways:

a. The parking lot is a minor component in a large site development and is no wider than one (1) parking bay and one (1) driveway lane; or

b. The site design demonstrates that the parking lot is well-integrated with the overall site design and pedestrian connections and amenities have been provided that compensate for the parking lot location; or

c. A minimum of ten feet (10') of landscape has been provided between the parking lot and the view of the parking lot from the street is minimized; or

d. The parking lot is designed with materials and landscape that soften the appearance of the parking lot.

2. Driveway Lanes: Driveway lanes crossing a sidewalk should be no wider than twenty feet (20') and the minimum number of feet between driveway intersections with a street as set forth by the city or applicable transportation authority, if any. Driveway lanes crossing a sidewalk intersection should be clearly distinguished with special pavement or coloring.

3. Pedestrian Pathways:

a. Pedestrian pathways should be designed to provide a direct connection between the main building entrance and the right-of-way.

b. Direct, convenient, and attractive pedestrian pathways should be provided that are clearly marked and connect to all portions of the site.

c. Pedestrian pathways should be functionally separate from parking lots and driveways except where they cross driveways.

d. No access to a parking space should require a pedestrian to cross more than one (1) drive aisle and two (2) parking bays of parking. Pedestrian pathways that are flush or shared with driveways, or pathways that cross surface parking lots longer than one (1) drive aisle and two (2) parking bays in distance should be visually distinct from parking lot and driveway surfaces by either: (1) a distinct pattern and texture (e.g., brick pavers or stamped concrete) in paving materials; or (2) a raised surface.

FIGURE 8-8A-3C-3.B

DISTINCTIVE TEXTURE PATTERN ON PEDESTRIAN WALKWAY FLUSH WITH DRIVEWAY EXAMPLE

4. Primary Entrance:

a. The building closest to the street should have its primary entrance to the street and be clearly defined by the architectural design of the building.

b. The primary entrance of all buildings should provide a covered pedestrian open space such as a building recess, an awning, canopy or marquee.

c. Pedestrian amenities should be provided at the entrance including a minimum of one hundred (100) square feet of landscape, outdoor seating, plazas, courtyards, public art, fountains, special paving, bicycle racks, transit stop.

C. Objective 3: Buildings shall be designed and constructed of quality materials.

1. Suitable Materials: Materials should be selected for suitability to the type of building and design for which they are used.

2. Encouraged Materials: Quality finish materials should be utilized, including, but not limited to, brick, masonry, or stone integrally tinted, textured masonry block, stucco, wood, or concrete siding.

3. Discouraged Materials: Metal siding, corrugated fiberglass, aluminum siding, mirror or metalized reflective glass, plywood, chipboard siding, vinyl, cinderblock, plastic tilt-up concrete, highly tinted or mirrored glass, and all types of imitation building materials should not be used as the primary building material.

4. Discouraged Finishes: Finishes that reflect light and glare or bright, heavily saturated and/or reflective shades of primary colors are discouraged.

5. Change In Materials: Piecemeal embellishment and frequent changes in material should be avoided.

6. Matched Colors: The color of roof stacks, flashing, vents, power exhaust fans, and metal chimney caps should blend with the roof colors.

D. Objective 4: The site design shall respect existing notable site features, including existing buildings, landscape, trees and water.

1. Maintenance of Existing Vegetation: All existing trees, significant vegetation and surface water features should be maintained and/or mitigated as provided in the River Club SAP district code.

2. Scraped Sites:

a. Any existing site that is entirely scraped of existing natural and structural site conditions should meet the requirements set forth in section 8-8A-3G of this chapter, Landscape And Tree Protection Provisions, and should be well integrated with the site design.

b. Any existing site that is entirely scraped of existing natural and structural site conditions in which a natural waterway, irrigation canal, lateral or drain has previously been tiled or piped should meet the requirements set forth in section 8-8A-3A-9 of this chapter, Waterways.

E. Objective 5: The design of all buildings shall provide visual interest, support the vision for the area as articulated in the comprehensive plan and positively contribute to the overall urban fabric of the community.

1. Building Orientation: Buildings should be oriented to a prominent feature, such as a corner location, a plaza, a street or the river. Buildings and site design should provide inviting entry orientation. Buildings should not turn their backs to the street.

2. Articulation: Buildings should be articulated to reduce the apparent scale. Architectural details that are used to articulate the structure may include reveals, battens, and other three (3) dimensional details that create shadow lines and break up the flat surfaces of the facade. The following are ways to achieve building articulation:

a. Window Treatments: Provide ample articulated window treatments in facades visible from streets and public spaces for architectural interest and human scale. Windows should be articulated with mullions, recesses, etc., as well as applying complementary articulation around doorways and balconies.

b. Architectural Elements: The mass of long or large scale buildings can be made more visually interesting by incorporating architectural elements, such as arcades, balconies, bay windows, dormers, and/or columns.

c. Rooflines: A distinctive roofline can reduce perceived building height and mass, increase compatibility with smaller scale and/or residential development, and add interest to the overall design of the building.

(1) Sloped roof designs should include alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.

(2) Roofs that incorporate a variety of vertical dimensions such as multiplaned and intersecting roof lines are encouraged.

(3) Flat-roofed designs should include architectural details such as cornices or decorative facings to provide interest to the roofline.

3. Building Details: The design of buildings should be enhanced with appropriate details. The following elements are examples of techniques used on buildings to provide detail:

a. Ornate Rooflines: Examples include ornamental molding, entablature, frieze, or other roofline devices.

b. Detailed Treatment of Windows and Doors: Examples include decorative lintels, sills, glazing, door design, molding or framing details around all windows and doors located on facades facing or adjacent to public or private streets or parks. Window sizing and treatment should be as follows:

(1) Windows should not have individual glass panes with dimensions greater than five feet by seven feet (5' x 7').

(2) Windows should be surrounded by trim, molding and/or sill at least three and one-half inches (3.5") wide. Commercial buildings with no trim or molding should have window frames at least two inches (2") wide.

(3) Individual window units should be separated from adjacent window units by at least four inches (4") of the building’s exterior finish material.

c. Ornamentation: Examples include ornamental railings, grillwork, landscape guard, and trellises.

d. Distinctive Light Fixtures: Examples include lights with a decorative shade or mounting.

e. Artwork or Decorative Paving: The artwork may be freestanding or attached to the building, and may be in the form of mosaic, mural, bas-relief sculpture, light sculpture, water sculpture, fountain, freestanding sculpture, art in pavement, or other similar artwork.

4. Colors: Colors used on building exteriors should integrate a building’s various design elements or features.

a. Accent colors should use color combinations that complement each other.

b. Use accent colors in a way to enhance or highlight building design, and not in a manner that creates clutter or otherwise detracts from building design.

c. The use of bright colors should be avoided. Softer, muted or earth-toned colors are preferred.

d. Colors should be compatible with the architectural character of the surrounding buildings and neighborhood.

5. Use of Certain Building Features or Design Elements Discouraged: The use of building features or design elements that overemphasize corporate themes, logos, or colors which stand above the neighborhood and community context without adding functional or aesthetic value to the building context should be discouraged. See section 8-8A-3C-5 of this chapter, Prohibitions.

F. Objective 6: The site development should support and be consistent with the adopted streetscape. (Ord. 1043-24, 6-10-2024)

8-8A-3C-4: SPECIAL PROVISIONS FOR SPECIFIC NONRESIDENTIAL AND MIXED USE DEVELOPMENT:

A. Large Scale Nonresidential and Mixed Use Structures:

1. Facades longer than fifty feet (50') (measured horizontally along the facade) should incorporate relief to perceived building mass through such features as wall projections or recesses, projecting windows, entrances, or other visual relief. The doorways on buildings abutting or within three feet (3') of the sidewalk should be recessed in order to avoid conflicts with pedestrians.

FIGURE 8-8A-3C-4.A.1

MITIGATING BUILDING MASS EXAMPLE

2. Rooflines exceeding fifty feet (50') should incorporate relief to the perceived building mass by providing roofline variation. Roofline variation should be achieved using one (1) or more of the following methods: (a) vertical offset in ridgeline; (b) horizontal offset in ridgeline; (c) variations in roof pitch; (d) gables; and/or (e) dormers.

FIGURE 8-8A-3C-4.A.2

EXAMPLES OF ROOFLINE VARIATIONS

B. Multiple Nonresidential and Mixed Use Structures on One (1) Development Site:

1. Pedestrian Pathways: All portions of a site should be accessible by a direct, convenient, attractive, safe and comfortable system of pedestrian pathways as follows:

a. A pedestrian pathway provides a direct route between a building and the right-of-way.

b. A pedestrian pathway is free from hazards and has appropriate lighting levels.

c. Pathway layouts should promote the shortest distance between building entrances. Long circuitous routes should be avoided.

d. Secondary pathways must be at least three feet (3') in width.

FIGURE 8-8A-3C-4.B.1

INTERNAL PEDESTRIAN CIRCULATION EXAMPLE

2. Consistent Parking Setbacks: Consistent parking setbacks to the front or internal parking facilities should be provided to create an organized spatial enclosure.

FIGURE 8-8A-3C-4.B.2

FRONT AND INTERNAL PARKING SETBACK EXAMPLES

3. Terminal Views: Terminal views within the site should be provided to landscape, landmarks or significant site features.

FIGURE 8-8A-3C-4.B.3

TERMINAL VIEW EXAMPLES

4. Visual Continuity: Visual continuity should be achieved between dissimilar buildings by emphasizing common elements of site design (landscape, screening, furnishings, light standards, decorative paving materials).

C. Plaza Requirements:

1. To qualify as a pedestrian plaza, an area should have:

a. Pedestrian access (including handicapped access) into the plaza from the right-of-way.

b. Paved walking surfaces such as concrete, brick pavers, or other type of pavers on level, stepped, or gently sloping (less than three percent (3%) grade).

c. One (1) linear foot of seating per perimeter linear foot of the plaza.

d. Security lighting on site or building mounted.

e. A minimum size of five hundred (500) square feet.

f. Buildings on plazas should promote and accommodate outdoor activity with balconies, arcades, terraces, decks, and courtyards for residents’ and workers’ use and interaction.

g. Distributed trash containers around the plaza.

h. Direct access to occupied indoor space.

i. Located so that the building provides buffering from street noise when the location is on a major arterial.

2. A pedestrian plaza is encouraged to have:

a. Site furniture:

(1) Seating may be on planters, rails, benches, retaining walls and other raised surfaces.

(2) Cluster and movable seating for informal gathering and outside eating areas.

(3) Locate seating for sun exposure, where views can be taken advantage of, and near to activity centers of a site such as at building entrances and at the intersection of walkways.

b. Artwork, or amenities such as fountains or kiosks:

(1) Interactive art, sculpture, and fountains which people can touch and move.

(2) Fountains for visual attraction, to screen traffic noise, and for cooling effects.

3. A pedestrian plaza should not be located adjacent to unscreened parking lots or blank walls without wall treatment as set forth in section 8-8A-3C-3.A of this chapter.

D. Awning, Marquee and Arcade Requirements:

1. Awnings, marquees, or arcades should be at least four feet (4') and six inches (6") deep, over the full length of sidewalk or walkway adjacent to the building, and minimum eight feet (8') above the walkway level.

FIGURE 8-8A-3C-4.D.1

AWNING, MARQUEE AND ARCADE DESIGN

2. The shape, color and location of the awning, marquee or arcade should be consistent with the architectural design of the building.

3. Awnings, marquees or arcades which are used as an integral and creative form of signage should be encouraged.

4. Awnings, marquees or arcades with distinctive shapes such as barrel shape, segmented arches, or round ended should be carefully used.

5. Awnings, marquees or arcades which dominate the facade, run the entire length of the building, obscure the architectural features of the building, and which are illuminated with fluorescent lighting should be discouraged.

E. Murals:

1. The content of the mural is consistent with the architectural, geographical, sociocultural and historical context of the city.

2. The location is on the rear, side or alley side of the building.

3. The size of a mural may be limited based on the location, building and context.

4. The surface material is resistant to vandalism and weather.

F. Outdoor Service and Equipment Areas:

1. HVAC equipment, trash dumpsters, trash compaction, and other service functions should be incorporated into the overall design of buildings and landscape so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent uses and the right-of-way.

2. All on-site service areas for waste, recycling, or trash and equipment areas for transformer and utility vaults should be located in an area not visible from a right-of-way or adjoining parcels, or should be fully screened from view from a right-of-way and adjoining parcels with a privacy fence.

FIGURE 8-8A-3C-4.F.2.a

EXAMPLES OF LOCATION AND SCREENING OF SERVICE AND

MECHANICAL EQUIPMENT

FIGURE 8-8A-3C-4.F.2.b

EXAMPLE OF SCREENING MECHANICAL EQUIPMENT

(Ord. 1043-24, 6-10-2024)

8-8A-3C-5: PROHIBITIONS:

A. Stylized Buildings: Garden City respects that independent businesses, corporations and franchises use specific architectural designs to identify their businesses and attract customers. The city encourages independent businesses, corporations and franchises to build using architectural designs that comply with the River Club SAP district code, conform to the city’s comprehensive plan and goals, and complement surrounding structures. All new business, corporate and franchise designs are reviewed by design review consultant(s) to ensure compliance with these plans and goals.

FIGURE 8-8A-3C-5.A

EXAMPLE OF STYLIZED BUILDING

B. Visible False Fronts: False fronts that are not tied into the rest of the building, that are designed so that the ends are visibly separate from the building.

FIGURE 8-8A-3C-5.B

EXAMPLE OF VISIBLE FALSE FRONT

C. Prefabricated Structures: Principal and accessory structures visible from the right-of-way that are made of prefabricated materials such as shipping containers or pre-engineered metal buildings unless they contain architectural features and a variety of materials so that they lose the appearance of being a prefabricated structure.

D. Prohibited Materials: Crushed colored rock/crushed tumble glass are prohibited site improvement materials unless it is found that the material is insignificant in the design or provides significant creativity and uniqueness. (Ord. 1043-24, 6-10-2024)

8-8A-3D: PARKING AND OFF-STREET LOADING PROVISIONS:

8-8A-3D-1: PURPOSE:

This section provides regulations and standards for vehicular and bicycle parking and loading facilities with the following purposes:

A. To provide for off-street parking and loading areas that minimize traffic hazards and congestion, and mitigate impacts on surrounding properties;

B. To limit the amount of land required for parking with the consequent impacts on water quality and storm drainage;

C. To maximize the use and efficiency of parking facilities;

D. To recognize that each development has unique parking needs and to provide for a flexible approach for determining parking space requirements; and

E. To provide parking that is in scale and supports the pattern of compact, residential and nonresidential development identified in the city’s comprehensive plan. (Ord. 1043-24, 6-10-2024)

8-8A-3D-2: APPLICABILITY:

A. The design standards as set forth in section 8-8A-3D-3 of this chapter, Parking Design And Improvement Standards, shall apply to any new construction, alteration, or moving of a structure or any new or more intense use of property. Except where there is a change in use, the provisions of this section shall not apply to any existing building or structure.

B. Construction or modification of any parking facility, except single-family residential parking areas, shall comply with plans that have been approved by the city.

C. The number of required off-street parking spaces, as set forth in section 8-8A-3D-5 of this chapter, shall be provided for all allowed uses in the River Club SAP district. (Ord. 1043-24, 6-10-2024)

8-8A-3D-3: PARKING DESIGN AND IMPROVEMENT STANDARDS:

A. Design and Layout of Parking Areas:

1. Required: All parking areas shall be designed and constructed to provide the type and number of off-street parking spaces required by section 8-8A-3D-5 of this chapter, and designed as required by this section.

2. General Provisions for Location of Parking Areas:

a. No part of any parking area for more than ten (10) vehicles shall be closer than twenty feet (20') to any dwelling unit, school, hospital or other institution for human care located on an adjoining parcel, unless separated by screen in compliance with the provisions as set forth in section 8-8A-3G of this chapter, Landscape And Tree Protection Provisions.

b. If a parking area is located on the same parcel with a single-family dwelling unit, the parking area may be located within the front of the building if approved by the planning official after a recommendation from the design review consultant(s) as set forth by section 8-6B-3 of this title and only if parking elsewhere is not feasible or possible.

c. Parking areas shall not be located closer than three feet (3') to any right-of-way.

3. Location and Design of Parking Spaces for Residential Uses:

a. Parking spaces for detached dwelling units shall be located within twenty feet (20') of the dwelling unit which the space is intended to serve.

b. Parking area(s) for attached dwelling units shall be located not more than three hundred feet (300') from the structure(s).

c. The size of the parking space for a dwelling unit shall be at least eight and one-half feet by eighteen feet (8.5' x 18'). Garage spaces shall be measured from the exterior dimensions.

d. Other requirements apply to the location of garages and carports as set forth in section 8-8A-3B of this chapter, Design Provisions For Residential Structures.

4. Location of Parking Spaces and Parking Lots for Nonresidential and Mixed Uses:

a. Parking shall be located not more than one-quarter (0.25) mile from the use, as allowed by the provisions set forth in section 8-8A-3D-6 of this chapter.

b. Parking lots shall not be located within twenty-five feet (25') of the intersection of two (2) travel ways.

c. Parking spaces shall not interfere with the visibility and access to the main building entrance.

d. Off-street parking spaces shall not be located in any required landscape area.

FIGURE 8-8A-3D-3.A.4

ACCEPTABLE AND UNACCEPTABLE LOCATION FOR A PARKING LOT

5. Other Requirements: Other requirements that apply to the location, layout and design of parking lots:

a. Parking lots shall be designed in compliance with the requirements as set forth in section 8-8A-3C-3 of this chapter, General Provisions For Nonresidential and Mixed Use Development.

b. Parking lots shall be designed in accordance with section 8-8A-3G-6 of this chapter, Parking Lot Landscape Provisions.

6. Parking Area Access Requirements:

a. Parking areas shall be designed in such a manner that any vehicle leaving or entering the parking area from, or onto, a public or private street shall be traveling in a forward motion. Except for an alley and parallel spaces, driveway configurations which require backing in, from, or out onto the street are not allowed.

b. Parking areas shall be designed so that all vehicles are able to turn around within the site boundaries.

c. Access driveways for parking areas shall be located in such a way that any vehicle entering or leaving such an area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street. Access shall conform to the clear vision triangle requirements in section 8-8A-3E-3 of this chapter, Public Street Connections, and the vehicle and pedestrian circulation standards in section 8-8A-3E-4 of this chapter, Internal Circulation Standards.

7. Accessible Parking: Parking areas shall conform to Americans with Disabilities Act (ADA) standards for parking spaces. Parking spaces and access lanes shall be marked including accessible symbols and signs.

B. Improvements:

1. Surface: All off-street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with dustless material, including, but not limited to, asphalt, concrete, pavers, infiltration pavers, paver bricks, or recycled asphalt.

a. This standard shall not apply to temporary uses.

b. Residential uses may provide a substitute surface material where it can be demonstrated that the materials do not generate dust.

2. Drainage: All parking and loading areas shall provide proper drainage of surface water to prevent the flow of water onto adjacent parcels or walkways.

3. Wheel Restraints: All off-street parking areas for nonresidential and mixed uses shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. This standard shall not apply to temporary uses.

4. Overhangs: When a bumper overhangs onto a sidewalk or landscape area, the parking stall dimensions may be reduced by two feet (2') in length if two feet (2') is added to the width of the sidewalk or landscaped area planted in ground cover.

5. Lighting: Any parking area for nonresidential and mixed uses which is intended to be used during nondaylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate parking lots shall be arranged so as to reflect the light away from the adjoining parcels and be on a motion detector or timer.

C. Bicycle Parking Facilities: Space for bicycle parking shall be provided consistent with the following location and design standards:

1. Bicycle parking spaces shall:

a. Be a minimum size of six feet (6') long by two feet (2') wide;

b. Be located as close as possible to the building entrance(s);

c. Be separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area. The physical barrier can be curbs, poles, wheel stops, or other similar features;

d. Not impede pedestrian or vehicular circulation, and should be harmonious with their environment. The facilities shall be incorporated, whenever possible, into the structure’s design or street furniture; and

e. Be located in highly well-lighted areas to minimize theft and vandalism.

2. The bicycle support shall:

a. Support bicycles in a stable position without damage to the frame, wheels, or other components;

b. Provide for a bicycle to be locked to the frame and front wheel with one (1) lock;

c. Be securely anchored to the surface so bicycles cannot be easily removed and shall be of sufficient strength to resist theft and vandalism; and

d. Not be placed too close to a wall or other obstruction so as to make use difficult. There shall be sufficient space (at least twenty-four inches (24")) beside each parked bicycle to allow easy access. (Ord. 1043-24, 6-10-2024)

8-8A-3D-4: PARKING USE STANDARDS:

A. Number of Spaces: No use shall provide less than the minimum or more than the maximum number of off-street parking spaces required under section 8-8A-3D-5 of this chapter, Required Number Of Off-Street Parking Spaces.

B. Change of Use: Upon any change of use, the number of vehicle parking spaces to be provided shall be calculated according to the requirements of this section for the new use.

C. Phased Projects: Development within the River Club SAP district is conditioned upon the unqualified continuance and availability of the parking as required by the River Club SAP district code. In phased projects, individual phases of the project are exempt from any maximum parking standards; provided, that the project does not exceed the maximum allowable parking at build-out.

D. Equivalent Facilities: No required parking area or space provided, as required by this section, shall later be eliminated, reduced, or converted in any manner unless other equivalent facilities approved by the city are provided.

E. Temporary Uses: Required parking spaces shall be used for vehicle parking only, except as may be allowed for a temporary use in compliance with the requirements as set forth in section 8-8A-2C-19 of this chapter, Temporary Uses.

F. Parking Use for Residential Dwellings:

1. Parking of one (1) commercial vehicle, as defined in section 8-8A-4A-2 of this chapter, Definitions of Terms, per dwelling unit may be allowed, provided it is operated by the occupant and used to commute from home to work at an off-site location or used as part of an approved home occupation;

2. Vehicles without current registration shall not be parked or stored on any residential area other than in a defined space;

3. Tandem parking use is allowed to meet the parking requirements; and

4. One (1) on-street parking space a minimum of twenty feet (20') in length may qualify as a required parking space. (Ord. 1043-24, 6-10-2024)

8-8A-3D-5: REQUIRED NUMBER OF OFF-STREET PARKING SPACES:

A. Residential Use: The minimum number of required off-street vehicle parking spaces for residential use shall be in accord with Table 8-8A-3D-5.

TABLE 8-8A-3D-5

REQUIRED PARKING SPACES FOR RESIDENTIAL USES
Use	Total Required Parking Spaces Per Dwelling Unit	Required Covered Vehicle Parking Spaces Per Dwelling Unit	Required Covered Bicycle Spaces Per Dwelling Unit
Dwelling, multifamily:
Up to 1 bedroom	1	0.5	0.5
2+ bedrooms	2	0.5	0.5
Active adult community	1/unit	0.5	0.5
Dwelling, single-family detached	2	2	n/a
Dwelling, townhouse:	2	2	n/a
For developments with more than two (2) dwelling units there shall be one (1) additional space/per ten (10) dwelling units provided for guest parking. There shall be one-tenth (0.1) parking space/unit provided for guest parking for every unit after the first ten (10) units. Any fraction greater than one-half (0.5) shall be rounded up; one-half (0.5) or less may be rounded down.

B. Nonresidential Use: The minimum number of required off-street vehicle parking spaces for nonresidential use shall be as set forth in section 8-4D-5.B of this title, Nonresidential Uses.

C. Calculation: The minimum number of required off-street vehicle parking spaces for a building containing residential and nonresidential uses shall be the number of required off-street vehicle parking spaces for the residential use plus the number of off-street vehicle parking spaces for the nonresidential use.

D. Appeal: When in the determination of the planning official, there is insufficient parking or the proposed parking is oversupplied to meet the needs of the use(s), the planning official’s determination may be appealed to the planning and zoning commission in accordance with the provisions set forth in section 8-6A-9 of this title, Appeals and City Council Reviews.

E. Bicycle Parking Standards:

1. Bicycle parking facilities shall be provided for any nonresidential use as set forth in section 8-4D-5 of this title, Table 8-4D-4, Required Bicycle Parking Spaces.

2. Bicycle parking facilities for residential uses shall be provided in compliance with Table 8-8A-3D-2, with fractional requirements for bicycle parking over one-half (0.5) to be rounded up. (Ord. 1043-24, 6-10-2024)

8-8A-3D-6: STANDARDS FOR ALTERNATIVES TO ON-SITE PARKING:

Alternatives to providing on-site parking are encouraged, including, but not limited to, shared use facilities, access to transit and availability of other forms of transportation such as carpools and vanpools.

A. Conditions: Conditions favorable to providing alternatives to on-site parking are as follows:

1. Shared Use:

a. There are convenient pedestrian connections between separate properties;

b. The parking and/or uses are within one-quarter (0.25) mile of each other;

c. The principal operating hours of the uses are not in substantial conflict with one another; and

d. Directional signs provide notice of the availability of parking.

2. Alternative Transportation:

a. There is a transit stop within one-quarter (0.25) mile of the use; or

b. There is an incentive program for carpooling, vanpooling, or transit supported by the employer.

c. There are shower facilities and lockers to support and encourage the use of nonmotorized transportation by employees.

B. Agreement:

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

a. Party or parties responsible for construction; and

b. Party or parties responsible for maintenance.

2. The applicant or owner shall record such agreement with the Ada County recorder prior to issuance of any permits.

3. The shared use parking agreement may be terminated by the parties only if off-street parking is provided in conformance with this section and approved by the planning official prior to the termination. (Ord. 1043-24, 6-10-2024)

8-8A-3D-7: OFF-STREET LOADING STANDARDS:

A. Off-Street Loading Space Requirements:

1. Off-street loading spaces for all nonresidential uses in the west sub-district and central sub-district shall be provided as set forth in Table 8-8A-3D-7.

TABLE 8-8A-3D-7

OFF-STREET LOADING SPACES
Cumulative Gross Floor Area In Square Feet In West and Central Sub-Districts	Required Type And Number Of Spaces
0 to 36,000	1 type A
36,001 to 100,000	1 type A and 1 type B
Each additional 75,000 or fraction thereof	1 additional type A

2. Type A spaces shall be not less than twelve feet (12') in width and thirty-five feet (35') in length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65') in length. All spaces shall have fourteen feet (14') of vertical clearance.

B. Off-Street Loading Access Requirements:

1. Access driveways for parking areas shall be located in such a way that any vehicle entering or leaving such an area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street. Access shall conform to the clear vision triangle requirements and the vehicle and pedestrian circulation standards in section 8-8A-3E of this chapter, Transportation And Connectivity Provisions.

2. Except for an alley, loading areas shall be designed so vehicles shall not back out into the street or project into the right-of-way.

3. Convenient access to loading spaces from streets or alleys shall be provided with not less than fifteen feet (15') in width.

C. Off-Street Loading Requirements Adjacent to Residential Use:

1. No off-street loading space shall be located closer than fifty feet (50') to a residential area unless fully enclosed or within an enclosure of walls twelve feet (12') high.

2. No off-street loading space shall face an abutting residential area.

3. Any off-street loading space located within fifty feet (50') of a residential area shall not operate between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. (Ord. 1043-24, 6-10-2024)

8-8A-3E: TRANSPORTATION AND CONNECTIVITY PROVISIONS:

8-8A-3E-1: PURPOSE:

This section provides regulations and standards for streets, transit, pedestrian and bicycle connectivity with the following purposes:

A. To provide a safe, attractive and functional transportation system that is accessible and accommodates all modes of transportation including automobiles, pedestrian, bicycling, and transit;

B. To provide a transportation system for all modes of transportation that supports the pattern of compact residential and nonresidential development identified in the city’s comprehensive plan and reduces dependency on vehicular transportation;

C. To improve the connectivity, standards and safety of pedestrian and bicycle facilities;

D. To maintain safe streets and control traffic through neighborhoods; and

E. To limit the amount of land required for streets and driveways with the consequent impacts on water quality and storm drainage. (Ord. 1043-24, 6-10-2024)

8-8A-3E-2: APPLICABILITY:

A. This section provides design standards that shall apply to any new construction, addition, expansion, grading, alteration, or any new or more intense use of property.

B. Nothing in the provisions of this section shall alter or negate the responsibilities of the applicable transportation authority over public rights-of-way. (Ord. 1043-24, 6-10-2024)

8-8A-3E-3: PUBLIC STREET CONNECTIONS:

A. Clear Vision Triangle: All streets and driveways shall adhere to the standards of a clear vision triangle.

1. Measurement: The clear vision triangle shall be measured as follows:

a. The area is measured from the intersection of two (2) streets from the edge of pavement at the corner to a distance of forty feet (40') along each public street. The triangular area within is the "clear vision triangle."

b. The area of the clear vision triangle at the intersection of private streets and/or driveways and/or a public street is dependent on the volume of traffic and existing safety conditions at the intersection as determined by the city or applicable transportation authority, if any. The clear vision triangle shall not be less than seven feet (7').

2. Standards Within the Clear Vision Triangle:

a. Trees planted within a clear vision triangle shall be pruned to a minimum height of eight feet (8') above the ground or sidewalk surface and fourteen feet (14') above the adjacent street surface.

b. No evergreen trees shall be planted within any clear vision triangle.

c. The maximum height of any berm or vegetative ground cover at maturity within the clear vision triangle shall be three feet (3') from the lowest adjacent street grade.

d. No fences higher than three feet (3') from the lowest adjacent street grade are permitted in the clear vision triangle.

e. No signs taller than three feet (3') are permitted in the clear vision triangle, except for street/stop signs approved by the applicable transportation authority.

B. Street Access:

1. All developments shall have approved access to a public street, in conformance with the provisions of the applicable transportation authority.

2. Driveways shall be the minimum width necessary to provide the required number of vehicle travel lanes and to reduce the impact on sidewalk crossings.

3. Driveway access shall be separated from other driveways and street intersections in accordance with the requirements of the city or applicable transportation authority. Properties that do not conform to the requirements shall be brought into conformance when: (a) the property is redeveloped; (b) the property is altered by any structural addition that adds more than twenty-five percent (25%) increase in gross floor area; or (c) the property is used for a higher intensity use.

4. Access management controls, such as shared access, and/or access in variance with that specified by the transportation authority, may be recommended by the city for the purpose of protecting the function, safety and functionality of the street. (Ord. 1043-24, 6-10-2024)

8-8A-3E-4: INTERNAL CIRCULATION STANDARDS:

A. Driveways, aisles and turnaround areas, when required for fire and refuse access, shall meet the following standards:

1. Have a minimum vertical clearance of thirteen feet six inches (13' 6") for their entire length and width.

2. Have a minimum width of twenty feet (20').

3. The design of internal circulation should be integrated with the overall site design, including the location of structures, pedestrian walkways and landscape. (Ord. 1043-24, 6-10-2024)

8-8A-3E-5: PRIVATE STREET STANDARDS:

All private streets shall be designed and constructed to the following standards:

A. The private street shall be constructed on a perpetual ingress/egress easement that provides access to all applicable parcels.

B. The private street shall be constructed within the easement and shall have a travel lane width of a minimum of twenty feet (20') and a maximum of twenty-six feet (26').

C. The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the fire authority.

D. The private street name(s) shall obtain approval from the Ada County street name committee.

E. A binding contract that establishes the party or parties responsible for the repair and maintenance of the private street including regulations for the funding shall be recorded. No building permit shall be issued until the contract has been recorded. (Ord. 1043-24, 6-10-2024)

8-8A-3E-6: SIDEWALK STANDARDS:

All sidewalks shall be designed and constructed to the following standards:

A. Sidewalks shall be required along streets.

B. All sidewalks shall be a minimum of five feet (5') on public streets, except that the sidewalk on State Street shall be a minimum of ten feet (10') wide. The pathway width on a private right-of-way may be reduced to four feet (4').

C. Sidewalks shall be designed to flare around mailboxes, utility boxes and other impediments to pedestrian circulation to maintain a minimum of four feet (4') of travel width.

D. Detached sidewalks are required to allow for landscaping and street tree buffers. (Ord. 1043-24, 6-10-2024)

8-8A-3E-7: PEDESTRIAN AND BICYCLE ACCESSIBILITY STANDARDS:

A. Pedestrian Accessibility: All new nonresidential development shall provide for pedestrian accessibility. Accessibility shall be from a direct, convenient and attractive pathway system that conforms to the following standards:

1. A pathway system shall extend through the development site and connect the street sidewalk to all primary building entrances, as generally shown in Figure 8-8A-3E-7.

FIGURE 8-8A-3E-7

TYPICAL PEDESTRIAN PATHWAYS

2. The pathway shall be designed to connect or stub a pathway(s) to adjacent private property, transit stops, adjacent trails, plazas, future phases of development, and open space areas.

3. The pathway shall be designed to connect all portions of a development in a direct manner and not involve a significant amount of out-of-direction travel for likely users.

4. The pathway is free from hazards, has appropriate lighting levels, and meets the standards for ADA accessibility.

5. A pathway shall be a minimum width of four feet (4').

6. Pedestrian amenities shall be provided along sidewalks and pathways to support defensible space, crime prevention, pedestrian comfort and accessibility.

7. Pathway surfaces shall be concrete, and have a width that is based on their function. Pavers, brick, raised walkways, and other ornamental paving may be used if it has a smooth finish, and textured or bumpy materials may be used as an edge treatment; provided, that an accessible route is provided between the edge treatments.

B. Bicycle Accessibility:

1. All new residential and nonresidential and mixed use development shall provide for bicycle accessibility in the following situations:

a. A bicycle route, including but not limited to a bicycle route, path, cycle track, or trail is identified in the city and/or the applicable transportation authority’s bicycle master plans;

b. Where cul-de-sacs or dead-end streets are planned;

c. To connect the ends of the streets together, to other streets, to the public right-of-way, and/or to other developments, where practicable, except there shall be no bicycle connectivity to North Fair Oaks Place.

2. Bicycle accessibility shall conform to and comply with the standards of the ACHD adopted "Livable Streets Performance Measures." (Ord. 1043-24, 6-10-2024)

8-8A-3E-8: TRANSIT FACILITIES:

Bus pullouts, shelter pads, shelters, and related rights-of-way and easements may be required when a development is adjacent to an existing or planned bus stop or transit station. These facilities shall be integrated into the overall pedestrian plan of a project, and designed consistent with the requirements of Valley Regional Transit. (Ord. 1043-24, 6-10-2024)

8-8A-3F: SIGN PROVISIONS:

8-8A-3F-1: PURPOSE:

The purpose of this section is to promote public health, welfare and safety consistent with the comprehensive plan by regulating signs within the River Club SAP district.

A. The regulations contained in this section are intended to regulate the use, placement, physical dimensions, and number of signs within the River Club SAP district. More specifically, the regulations are intended to:

1. Ensure that signs contribute to the River Club SAP district’s visual character by helping create and support an attractive, flexible mixed use community atmosphere that fosters a healthy and enduring community environment within the River Club SAP district; and

2. Promote quality design that is in accordance with the intended character of the River Club SAP district and ensure that signage is integrated into the architecture of the River Club SAP district; and

3. Maintain a safe neighborhood by protecting the public from damage or injury caused by signs that are poorly designed or maintained, and from distractions or hazards to pedestrians and motorists caused by indiscriminate placement or use of signs; and

4. Recognize that signs are a visual means of limited advertising and location identification for the convenience of the public. (Ord. 1043-24, 6-10-2024)

8-8A-3F-2: DEFINITIONS:

ABANDONED SIGN:	A sign that pertains to a business, industry or service that is no longer located on the premises where the sign is located. This includes relocation and the termination of business activities on site.
ADDRESS SIGN:	A sign or portion of a sign utilized to identify the address of a dwelling unit or business.
AUTOMATED SIGN:	A sign with a fixed or changing display capable of displaying words, symbols, figures or images composed of a series of light-emitting elements or moving panels or parts; including, but not limited to, tripaneled, digital, electronic message boards, light emitting diodes (LED) signs or signs that in any other way move or create the illusion of movement. This definition does not include signs with copy that is manually changed.
BILLBOARD:	A flat and/or projected display surface, using mechanically or electronically actuated devices, usually elevated aboveground on a pole or structure, used for the purpose of displaying advertisements to the public is considered a billboard, unless specifically defined elsewhere in the River Club SAP district code.
BUILDING FRONTAGE:	The total amount of contiguous building length that fronts an existing public or private street or common circulation area that has an entrance available for public use. In cases where there is more than one (1) unit within a building, the face of the building as a whole, rather than the individual units, shall be used in determining the building’s face and in calculating all wall signs.
BULLETIN BOARD:	A permanent notice board sign utilized for the purpose of leaving public messages. Bulletin boards are intended to be viewed by pedestrians and are often made of a material such as cork.
DECORATIONS:	Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday or celebration.
DIRECTIONAL SIGN:	A sign intended to provide directions for pedestrian or vehicular traffic.
DIRECTORY SIGN:	A wall, freestanding, monument or other sign within a multi-tenant development that is used to convey directions or other information to emergency services, pedestrians and motorists who have entered the boundaries of the development.
ELECTRONIC MESSAGE BOARD:	An automated sign with a fixed or changing display composed of a series of lights that can be electronically or mechanically changed by remote or automatic means (see definition of "Automated Sign").
ERECTION OF A SIGN:	The construction, placement, relocation, enlargement, posting or display of a sign.
EXEMPT SIGN:	Any sign as defined by section 8-8A-3F-6 of this chapter. These signs are exempt from the permit requirements of this section.
EXPANSION OF A SIGN:	Any increase in the dimension of the sign, supporting structure, message surface or messaging capabilities.
FLAG:	A piece of cloth or other similar material usually attachable by one (1) edge to a pole or rope.
FRAME:	A complete, static display screen utilized for message display.
FRAME EFFECT:	A frame transition or visual effect on a message display.
	A. Dissolve: A mode of message transition accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.
	B. Fade: A mode of message transition accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
	C. Flashing: A mode of message transition where content is displayed one (1) or more times in a brief and sudden burst.
	D. Scroll: A mode of message transition where the message appears to move across the display surface.
FREESTANDING SIGN:	A sign that is attached to, erected on or supported by a structure (such as posts, columns, or other supports) that is not a building.
FULLY SHIELDED:	A lighting fixture with shielding so light rays emitted by the fixture project only below the horizontal plane (less than ninety (90) degrees) passing through the lowest point on the fixture from which light is emitted.
HANGING SIGN:	A sign that is suspended above a pedestrian walkway, attached to the building wall, or overhang typically oriented perpendicular to the building face to which the sign is attached.
HAZARD SIGN:	A sign warning of danger or hazardous conditions.
ILLEGAL SIGN:	A sign that has never received the applicable permit as required by the adopted sign ordinance during which the sign was constructed or altered.
ILLUMINATION:	A supply of light intended to affect a sign.
	A. External Illumination: A sign that is affected by an artificial light source that is not contained within the sign or awning itself. This includes lighting such as halo lighting, where the light source is located within or behind a sign reflecting light off the mounting surface so as to create the appearance of a halo of light (see Figure 1).
	FIGURE 1: EXTERNAL ILLUMINATION
	B. Internal Illumination: Illumination of a sign or awning from a light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. This includes characters, letters, figures, designs or outline which is illuminated by gas-filled luminous tubes, such as neon, argon or fluorescent.
INTERIOR SIGN:	See definition of "Window Sign."
LED SIGN:	An automated sign comprised of light-emitting diodes (LED).
LITHOGRAPH:	Engraving, carving or etching into a masonry surface or inlaid so as to be part of a building.
MANUAL CHANGEABLE COPY SIGN:	A changeable copy sign, any visible part of which is constructed with removable letters and is not electronically changeable.
MONUMENT SIGN:	A sign mounted on a foundation at ground level and with no structural break between the foundation and the signage area.
MULTI-TENANT DEVELOPMENT SIGN:	A sign that identifies two (2) or more business establishments that share a building, vehicle access and/or parking.
NONCONFORMING SIGN:	A sign that does not comply with the provisions of this section but has received applicable permits.
OCCUPANT SIGN:	A sign indicating the name of the occupant or identification of a home or professional office.
OFF-PREMISES SIGN:	A sign that is not clearly incidental to the permitted use on the premises on which the sign is located. Off-premises signs include, but are not limited to, signs on bus benches and mobile signs.
ON-PREMISES SIGN:	A sign that is located on the same parcel as the location of the business or service the sign is identifying.
PORTABLE SIGN:	A-frame, T-frame and similar freestanding movable signs.
PROJECTING SIGN:	See definition of "Hanging Sign."
PUBLIC USE:	Government signs that are for traffic control; regulatory; or identify parks, bus stops, greenbelt and pathways; part of an adopted memorial program; or identify other municipal features or facilities.
ROOF SIGN:	A sign located above the parapet on a building with a flat roof, or above the fascia board on a building with a pitched roof.
SIGN:	Any device visible to the right-of-way or other properties used to communicate commercial or noncommercial information.
SIGN AREA:	The entire copy area within a contiguous perimeter, enclosing the extreme limits of sign display, including any frame or border, but not including any supporting structure. The calculation of sign area is based on one (1) display side if the sign faces are parallel or within thirty (30) degrees of parallel. If the sign faces are not parallel or within thirty (30) degrees of parallel, all sign faces are counted (see Figure 2).
	FIGURE 2: FACE DETERMINATION
	The area of a sign is determined based on the outer dimensions of the frame or cabinet surrounding the sign face (see Figure 3).
	FIGURE 3: AREA DETERMINATION
	The area of a sign comprised of individual letters or elements attached to a building wall is determined by calculating the area of the smallest geometric figure (e.g., square, rectangle, circle, polygon, etc.) that can be drawn around the letters and/or elements. Signs consisting of individual letters and/or elements will be measured as one (1) sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter (see Figure 4).
	FIGURE 4: AREA DETERMINATION INDIVIDUAL LETTER AND MULTIPLE ELEMENT SIGNS
SIGN HEIGHT:	The vertical distance measured from the lowest adjacent grade to the highest point of the sign structure. If the street to which the sign is oriented is higher than the grade at the base of the sign, then the street elevation at the adjacent curb shall be used in determining the permitted height.
SIGN TYPE:	The designation of materials and/or style of sign construction. Where a proposed sign includes elements of two (2) different sign types, the whole sign shall be considered the type of sign that constitutes more than seventy percent (70%) of the overall sign. Where the sign is constructed of less than seventy percent (70%) of a single sign type, the planning official or designee must determine the appropriate classification of the sign based on the dominant characteristics of the proposed sign.
	The following are sign types defined by this definition:
	A. Cabinet Sign (Also Known as Box Sign): A sign with text or symbols printed on a plastic or acrylic sheet that is mounted on a cabinet or box that houses the lighting source and equipment.
	B. Channel Letter Sign: A wall sign consisting of individual letters, numbers or symbols mounted directly on the face of the building or on a raceway that is mounted to the face of the building (see Figure 5).
	FIGURE 5: THESE EXAMPLES OF CHANNEL LETTER SIGNS ARE RACEWAY MOUNTED AND PIN MOUNTED, RESPECTIVELY
	C. Distinctive Materials/Design Sign: Permanent custom-made signs that do not include a raceway or visible electrical housing and that are constructed primarily of the following materials and/or design methods (see Figure 6):
	1. Ceramic tile: painted or sandblasted;
	2. Wood: carved or sandblasted;
	3. Metal: formed, etched, cast or engraved;
	4. Brick or stone: with recessed or raised lettering;
	5. Glass: painted or etched;
	6. Other: similar high-quality exterior grade materials; or superior design approved through design review.
	FIGURE 6: EXAMPLES OF DISTINCTIVE MATERIALS SIGNS: CERAMIC, WOOD, METAL AND STONE, RESPECTIVELY
STREET FRONTAGE:	The total amount of frontage line contiguous to an existing public or private street from which the sign is intended to be visible from, but not including, alleyways or parking lots. Frontage is most frequently the front of the parcel or use. Corner parcels and double fronted parcels may have two (2) sides fronting a public and/or private street.
STRUCTURALLY ATTACHED:	Signs on a supporting structure of another sign.
TEMPORARY SIGN:	A sign such as, but not limited to, a banner, poster or inflatable figurine that is not permanently mounted or embedded in the ground.
TIME AND TEMPERATURE:	Display of only time and/or temperature.
WALL SIGN:	A sign which is attached to or painted on the exterior wall of a building with the display surface approximately parallel to the building wall.
WINDOW SIGN:	A sign applied directly onto a window or internal to the window, or is located within the interior of a business and is visible from the right-of-way or areas accessible to pedestrians. Window signs include, without limitation, the application of words and logos on window glass, the use of hanging signs and paper signs in windows.

(Ord. 1043-24, 6-10-2024)

8-8A-3F-3: APPLICABILITY:

A. Scope of Application: The regulations of this section shall apply within the River Club SAP district.

B. Application to Content: Nothing in the provisions of this section is intended to regulate the message content of signs, regardless of whether the message content is commercial or noncommercial. (Ord. 1043-24, 6-10-2024)

8-8A-3F-4: PERMIT REQUIRED:

To ensure compliance with the regulations of this section, a sign permit shall be required in order to erect, alter, or reconstruct any sign or any otherwise nonexempt sign that does not comply with the requirements set forth in section 8-8A-3F-6 of this chapter, Exempt Signs. Changing or replacing the copy of an existing lawful sign shall not require a permit, provided the copy does not change the nature of the sign or render the sign in violation of this section.

A. Application: An application for a sign permit shall be filed with the development services department at the city, and a fee paid pursuant to city council resolution. An application shall be made on a form provided by the city.

B. Review and Approval: The planning official shall review all complete sign applications, and shall approve only those found to be in compliance with the applicable requirements of this section and the River Club SAP district master sign program. In the event of a conflict between this section and the River Club SAP district master sign program, the master sign program shall control. Should the sign not meet all conditions to be compliant with this section or the River Club SAP district master sign program, the applicant may apply for a permit through the design review permitting process whereby the design review consultant(s) shall recommend approval, and the planning official shall approve only those signs found to be compliant with the following:

1. Adhere to section 8-8A-3F-1 of this chapter, Purpose; and

2. Implement the vision as set forth in the comprehensive plan; and

3. Establish that the property values and rights of any resident or business owner in Garden City will not be encumbered by the design of the sign; and

4. Demonstrate that the sign provides significant creativity and uniqueness, and the intent is not to merely evade the provisions set forth in this section and/or the River Club SAP district master sign program; and

5. Demonstrate the sign(s) are constructed of professional and durable materials, and are not intended to be of a temporary nature.

C. Signs Previously Issued Permits: A sign permit shall not be required for changing copy on a sign, repainting, cleaning, or normal maintenance and repair of a sign or a sign structure for which a permit has previously been issued; provided, that the sign, sign type or sign structure is not significantly altered in any way.

D. Every permit issued shall become null and void unless the work on the site authorized by such permit is completed within one hundred eighty (180) days after its issuance; or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days, the planning official is authorized to grant, in writing, one (1) or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause shall be demonstrated.

E. Other Permits: Separate building and electrical permits may be required in addition to the sign permit.

F. Appeal: Any person aggrieved by a decision on a sign permit may appeal the planning official’s decision to the Garden City council pursuant to provisions in section 8-6A-9 of this title. (Ord. 1043-24, 6-10-2024)

8-8A-3F-5: RIVER CLUB SAP DISTRICT MASTER SIGN PLAN PURPOSE:

The purpose of the River Club SAP district is to provide the platform for a property owner to design a planned, multiuse project adjacent to and in the vicinity of Pierce Park Lane and the State Street corridor. The governmental agencies have recognized the vicinity of the Pierce Park/State Street intersection as a planned, mixed land use activity node, which will be strengthened with the redevelopment of State Street, and the signage within the River Club SAP district will promote the cohesive community planned for the River Club SAP district. A master sign program for the River Club SAP district will be applied for in connection with design review as provided further in section 8-8A-3F-11 of this chapter, Master Sign Program. (Ord. 1043-24, 6-10-2024)

8-8A-3F-6: EXEMPT SIGNS:

The following types of signs are exempt from the permit requirements of this section. Exempt signs shall comply with the conditions set forth in this section, the River Club SAP district master sign program, and all other applicable requirements contained in this section. Exempt signs are not included in the calculation of the allowable sign area.

A. Address signs, provided:

1. The address is not a freestanding or monument sign; and

2. The sign does not exceed two (2) square feet for any individual dwelling unit or structure; or eighteen (18) square feet for signs identifying more than one (1) dwelling unit or structure;

3. Address signs identifying more than one (1) unit may be allowed on fences; provided, that:

a. The fence is legal and is in conformance with all applicable provisions of the River Club SAP district code; and

b. The fence is a solid fence; and

c. The sign is located at the entrance to the site; and

d. The sign is not internally illuminated.

B. Bulletin board, provided:

1. Does not exceed fifteen (15) square feet in surface area.

2. May not be internally illuminated.

C. Signs authorized by the regional transit authority to be located at approved bus stops.

D. Decorations, provided such signs shall be displayed for not more than sixty (60) days in any one (1) year.

E. Directory sign; provided, that:

1. The sign is not located or oriented to attract the attention of pedestrians or motorists from off site; and

2. The sign does not exceed eighteen (18) square feet in area; and, if freestanding or monument, may not exceed five feet (5') in height including all portions of the structure.

3. In addition to other allowed signs, multi-tenant developments may have one (1) directory sign for each nonaccessory building within the development that is not otherwise calculated in the allowable sign area.

F. Flags: Flags shall be forty (40) square feet or less in size. The cumulative number of flags shall not be greater in size than ten percent (10%) of the front of the structure.

G. Hazards sign; provided, that the sign does not exceed two (2) square feet per face or four (4) square feet in total surface area, limited to four (4) such signs per building.

H. Lithograph; provided, that:

1. The lithograph is not illuminated;

2. The engraving, carving or etching is not otherwise distinguished other than the cut or inlay;

3. Not greater than twenty (20) square feet.

I. Occupant signs not to exceed one (1) for each unit indicating the name of the occupant, identification of business, or professional office, provided:

1. The sign does not use a source of light for illumination; and

2. The sign does not exceed two (2) square feet.

J. Portable Signs:

1. Number: Ground-floor businesses with right-of-way frontage are allowed one (1) portable sign per right-of-way frontage. One (1) portable sign per building frontage may be permitted for upper levels and one (1) for belowground uses.

2. Maximum portable sign area is eight (8) square feet.

3. Location: The portable sign may be located within twenty feet (20') of the primary public entrance to the building either in a vestibule or alcove near a building entrance or near the curb. Signs shall be located so that there is a minimum of five feet (5') unobstructed sidewalk and shall not obstruct pedestrian traffic, bike parking, street furniture, on-street parking stalls or in any way violate Americans with Disabilities Act (ADA) guidelines. Structures set back more than one hundred fifty feet (150') may designate one (1) location per frontage for portable sign(s) at a distance greater than twenty feet (20') from the primary entrance; provided, that all other regulations are met. Not more than one (1) portable sign may be located per frontage at the same time regardless of number of tenants.

4. Portable signs shall not be illuminated.

5. Portable signs are not required to be permanently affixed to the ground or a structure.

K. Public Hearing: Signs required by the city for notice of public hearing shall comply with the requirements set forth in the applicable section of the Garden City code, and shall be removed within seven (7) days of the public hearing.

L. Public use.

M. Sale, Lease or Rent: Temporary signs used to offer for sale, lease, or rent the land or buildings upon which the sign is located, provided:

1. The signs do not exceed fifty (50) square feet each in area in nonresidential areas of the River Club SAP district; or the signs do not exceed twelve (12) square feet; or six (6) square feet per sign face each in residential areas of the River Club SAP district; and

2. Only one (1) such sign oriented per street front per premises shall be erected. Any two (2) such signs located on the same premises shall be located at least one hundred feet (100') apart as measured using a straight line; and

3. The signs are located on the premises which they identify; and

4. Signs must not be placed in any right-of-way; and

5. Signs shall not be illuminated; and

6. Signs shall be removed if damaged or broken; and

7. The signs are removed within seven (7) days after the real estate closing or lease transaction.

N. Temporary time and temperature.

O. Window/interior sign; provided, that window signs in conjunction with all other permitted and exempt signs shall not exceed more than ten percent (10%) of a building face. (Ord. 1043-24, 6-10-2024)

8-8A-3F-7: PROHIBITED SIGNS:

The following types of signs are inconsistent with the purposes and standards of the River Club SAP district and are prohibited in the River Club SAP district:

A. Illegal Sign: A sign that does not comply with the criteria set forth under this section and/or the River Club SAP district master sign program, and has never received the applicable permit as required by the adopted sign ordinance during which the sign was constructed or altered.

B. Moving Signs: Any movement or illusion of movement except as authorized in section 8-8A-3F-10.A of this chapter, Automated Signs.

C. Off-Premises Signs: A sign that is not clearly incidental to the permitted use on the premises on which the sign is located. Off-premises signs do not include signs in connection with the River Club golf course, which are permitted. Off-premises signs include, but are not limited to, unauthorized signs on bus benches and mobile signs. Directional signs that are off-premises signs may be allowed as authorized in section 8-8A-3F-10 of this chapter, Regulations For Specific Sign Categories.

D. Public Right-Of-Way: Signs within the public right-of-way unless authorized by the agency having jurisdiction over the right-of-way.

E. Structurally Attached: Signs on a supporting structure of another sign.

F. Substandard Material: Permanent signs made of plywood, pressed board, or nonexterior grade wood products, cardboard, broken masonry blocks, sheet metal, etc., except as allowed through design review.

G. Temporary Signs: Signs not permanently affixed or attached to the ground or to any structure, except for signs specifically regulated or exempted through this section.

H. Vehicle Signs: Signs attached to or painted on a licensed or unlicensed vehicle that is located outside of a legal parking stall and in view of the right-of-way when the planning official determines that the vehicle is parked solely for the purpose of displaying the sign to passing motorists or pedestrians (this prohibition does not apply to vehicles that the planning official or designee determines to be regularly used for deliveries, commuting or otherwise integral to the operation of the business). (Ord. 1043-24, 6-10-2024)

8-8A-3F-8: GENERAL REGULATIONS:

The following types of signs are necessary to ensure public health and safety. The following provisions are required in the River Club SAP district:

A. Addressing Signs:

1. All principal buildings and any structure utilized as a dwelling unit shall be addressed with numbers and/or letters at least four inches (4") or greater, or meet the minimum Ada County addressing standards, whichever is greater. The addresses or unit numbers shall be clearly visible from the street or access drive that the business or dwelling unit fronts on; and

2. All street numbered addresses shall be posted and clearly visible from the street that provides access to the corresponding structure. This requirement does not include suite or unit identification.

B. Building Code: Signs shall be built, constructed and erected in conformance with the requirements of the building code as adopted by title 7 of this code, Building Regulations.

C. Directory Signs: In development sites where three (3) or more nonaccessory structures do not have right-of-way frontage there shall be a permanent and legible directory map drawn to scale that is clearly visible and accessible from the entrance to the site. The directory sign shall indicate the location of all ingress/egress to the site, driveway locations, and the location of each structure. The directory shall clearly identify the address or addresses of each structure, including applicable unit or suite identification. The address numbering and/or lettering shall be at least four inches (4") or greater. A copy of the directory shall be submitted to the city.

D. Display: Signs that contain more than two (2) display sides shall require design review approval.

E. Electrical Code: All wiring, fittings, and material used in the construction, connection, and the operation of electrically illuminated signs shall be in accordance with the provisions of title 7 of this code, Building Regulations.

F. Fire Safety Access: Signs shall not be erected in any manner which interferes with free passage from or obstructs a fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress or providing light or air in accordance with the provisions of title 7 of this code, Building Regulations.

G. Illumination: Any illuminated sign or lighting device shall emit a light of constant intensity. Lighting shall be fully shielded. No illuminated sign or lighting device shall be placed or directed in a way that allows beams of light and illumination to be directed or beamed upon a right-of-way or adjacent parcel which causes glare or reflection that may constitute a traffic hazard or nuisance.

H. Maintenance: All signs shall be continually maintained in a state of good appearance, safety and repair throughout their life. All signs shall be plainly marked with the name of the person responsible for maintenance of the sign. Should any sign become structurally unsafe, damaged, broken, rusted or a safety hazard, the person responsible for the sign maintenance, upon written notification by the city, shall be required to return the sign to a safe condition or remove the sign.

I. Raceway: Any visible raceway must be painted or otherwise designed to match or blend in with the color of the wall to which it is attached.

J. Other Jurisdictions: Signs along the state highways and the Ada County Highway District (ACHD) rights-of-way shall conform to the regulations of the Idaho Transportation Department (ITD) and ACHD, respectively, in addition to this section and/or the River Club SAP district master sign program.

K. Overhead Electrical Conductors: Signs shall be located more than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts.

L. Residential Frontage: Unless the sign is the only sign on premises, no signs shall be placed so as to front on an existing residential use; such signs utilized for businesses open to the public during hours of darkness shall turn off lighting to the signage at the close of business each evening. The lights shall remain off except during the operations of business hours.

M. Separation: Signs must comply with the clear vision triangle set forth in section 8-8A-3E-3 of this chapter; and comply with the perimeter setback. For the purpose of this section the clear vision triangle shall also pertain to any driveway or drive aisle located within the development.

N. Trees: Signs must be placed so as to not interfere with the existing or future growth of trees. (Ord. 1043-24, 6-10-2024)

8-8A-3F-9: REGULATIONS FOR THE RIVER CLUB SAP DISTRICT:

A. Maximum number of wall signs shall be limited to one (1) per user or tenant for each face not to exceed a sign area of greater than ten percent (10%) of the face. This number does not include exempt signs.

B. The sign can be a cabinet, channel letters, or distinctive materials sign.

C. Illumination may be either external or internal illumination.

D. Businesses are not required to turn off lighting to signs at the close of business; provided, that the lighting is found compatible with adjacent residential uses.

E. Lighting may be further limited to ensure compatibility with adjacent residential uses. (Ord. 1043-24, 6-10-2024)

8-8A-3F-10: REGULATIONS FOR SPECIFIC SIGN CATEGORIES:

A. Automated Signs:

1. Automated signs shall be allowed in either freestanding or monument signs in the nonresidential areas of the River Club SAP district.

2. All automated signs that utilize light to create change may change frame content through dissolve, fade or scroll features only. No sign shall be operated in a manner which the sign, sign structure, design or pictorial segment of the sign shows full animation, growing, flashing, rotating content, or otherwise create an illusion of movement.

3. The signs shall only change frame content not more than every eight (8) seconds. The change of content must change immediately within a period of less than one (1) second.

4. Based on brightness measured in nits (an illuminative brightness measurement equivalent to one (1) candle per square meter measured perpendicular to the rays of the source), automated signs that utilize light to change frames shall contain an auto dimmer allowing for no more than five thousand two hundred (5,200) nit illumination between sunrise and sunset and up to three hundred (300) nit illumination between sunset and sunrise.

5. The automated sign portion of any sign should be constructed into the sign in a manner in which it is subordinate to the overall design of the sign. The automated sign portion of any sign shall not exceed thirty percent (30%) of the face of the sign of any single tenant sign and shall not exceed fifty percent (50%) of the face of any multi-tenant sign.

B. Billboards: No billboards shall be allowed.

C. Directional Signs:

1. Directional signs may be on premises or off premises.

2. There may be no more than one (1) directional sign for every three hundred (300) linear feet of travel in the same direction.

3. Signs shall not be placed in the right-of-way.

4. Directional signs shall not exceed eight (8) square feet.

5. Directional signs shall be located within three thousand feet (3,000') of the business or service that the sign is distinguishing.

6. Directional signs shall not be illuminated.

D. Freestanding and/or Monument Signs:

1. Interference: Freestanding and monument signs should not hamper or interfere with pedestrian access, bike or transit facilities.

2. Streetscape Standards: Freestanding and monument signs shall comply with and reflect all adopted streetscape standards of the River Club SAP district.

3. Visibility of Adjacent Signs: Freestanding and monument signs shall not be located in a manner so as to block the visibility of adjacent signs.

4. Pole Covers: Pole covers are required.

5. Maximum Number:

a. Up to a maximum of three (3) freestanding and/or monument signs per sub-district.

b. Only one (1) freestanding or monument sign shall be allowed per business per frontage, unless otherwise approved by the planning official after a recommendation of approval by the Garden City design review consultant(s) as per section 8-6A-3 of this title.

6. Dimension and Location Standards: See Table 8-8A-3F-10.D.

TABLE 8-8A-3F-10.D

DIMENSION AND LOCATION STANDARDS
Maximum sign height	18'
Maximum height of structure	20'
Maximum depth	2.5'
Maximum sign area:
Cabinet	Up to 50 sq. ft.
Channel letter sign	Up to 50 sq. ft.
Distinctive materials/design sign	Up to 70 sq. ft.
Minimum separation from any other freestanding or monument sign	50'

a. The location standards shall pertain to all portions of the sign, footings, and supporting structures.

b. All portions of the footings and supporting structures aboveground may not be larger than forty percent (40%) of the size of the sign area.

c. All signs must comply with standards set forth by the transportation agency whose jurisdiction presides over the frontage being utilized.

d. Parcels that do not have sufficient frontage to meet the minimum separation from signs on adjacent parcels shall be allowed to have up to one (1) freestanding or monument sign; provided, that all other provisions of this section or the River Club SAP district master sign program are met.

7. Exceptions: Monument signs may be allowed; provided, that:

a. They are for a residential or multifamily complex greater than three (3) dwelling units where one (1) or more of the dwelling units does not have street frontage; or a nonresidential use where one (1) or more of the units does not have street frontage.

b. The monument sign has: indirect illumination or is not illuminated; is made of distinctive materials; not greater than five feet (5') in height, including structure; one and one-half feet (1.5') in depth; and the sign area is no greater than fifteen (15) square feet per face or thirty (30) square feet total.

c. The sign meets all other requirements of this section or the River Club SAP district master sign program.

E. Hanging (or Projection) Signs:

1. Location Standard:

a. Below eave or parapet line of building when applicable.

b. Signs shall maintain eight foot (8') vertical clearance from sidewalk or adjacent grade.

c. Top of signs shall not be any higher than twenty feet (20') above adjacent grade.

2. Projection: Hanging signs shall not project more than thirty inches (30") from the face of building, or two feet (2') from curb, whichever is greater.

3. Dimension And Location Standards: See Table 8-8A-3F-10.E.

TABLE 8-8A-3F-10.E

HANGING SIGN DIMENSION STANDARDS
Maximum sign area:
Cabinet	Up to 30 sq. ft.
Channel letter sign	Up to 30 sq. ft.
Distinctive materials/design sign	Up to 60 sq. ft.

Hanging or projecting sign area may be substituted for sign area allowed through the wall sign provisions; provided, that this does not conflict with the above location and dimensional standards.

F. Temporary Signs:

1. Temporary signs may be located in the River Club SAP district.

2. Temporary signs shall not be permanently affixed to the ground or a structure.

3. Temporary signs shall not be illuminated.

4. Temporary signs are allowed for up to six (6) events in a calendar year of January 1 through December 31 and shall not be displayed for more than a total of forty-five (45) days each.

5. Temporary signs shall be on-premises signs only.

6. Temporary signs shall be removed before or by the completion of the forty-five (45) day period.

7. Signs shall be removed within three (3) days if damaged or broken.

8. Temporary signs may not exceed thirty-two (32) square feet in size.

9. A maximum of two (2) such temporary signs, in addition to window signs, may be displayed at any one (1) time.

10. Temporary signage including all permitted and exempt signs may not exceed more than ten percent (10%) of the front building facade.

11. The temporary signs must be located on the right-of-way frontage.

12. The temporary sign must comply with the freestanding and monument sign requirements.

13. Temporary signs shall not interfere with the clear vision triangle. In no case shall a temporary sign be placed within the public right-of-way, unless otherwise authorized by the applicable transportation authority.

14. Businesses that have an automated sign or are in a business development where there is a multi-tenant sign containing an automated sign shall not qualify for temporary signs.

G. Multi-Tenant Signs:

1. Multi-tenant signs shall conform to the provisions set forth in this section for freestanding and monument signs.

2. When visible from a street where the posted speed limit is thirty-five (35) miles per hour or greater, the minimum letter/number/logo size shall be four inches (4") or greater. The maximum size of the sign may be increased to allow each business tenant within the development one (1) display with their business name and/or logo at four inches (4") in size.

3. Identification of business development name shall not be included in the calculation of sign area; provided, that:

a. It is included on a single structure along with tenant sign panels; and

b. It constitutes less than twenty percent (20%) of the calculated sign area; and

c. It consists of distinctive materials, design or artistic character.

4. Branding images, logos, fonts and colors may be used; provided, that:

a. Panel sizes are consistent; and

b. Panels are designed with a unifying style and format.

H. Wall Signs:

1. Location Standard: Wall signs shall be placed on an exterior wall visible from or fronting on a street, thoroughfare or common parking area associated with a clear public entrance for the subject business.

2. Dimensional Standards: See Table 8-8A-3F-10.H.2.

TABLE 8-8A-3F-10.H.2

WALL SIGN DIMENSION STANDARDS
Maximum sign area:
Cabinet	Up to 30 sq. ft.
Channel Letter Sign	Up to 60 sq. ft.
Distinctive Materials/Design Sign	Up to 90 sq. ft.

a. The total signage shall not exceed more than ten percent (10%) of the area of the overall building face on which the sign is located.

b. Up to five hundred (500) square feet for signage may be allowed on any given building face so long as the total signage does not exceed section 8-8A-3F-9.A of this chapter. (see Figure 8-8A-3F-10.H.2.b).

FIGURE 8-8A-3F-10.H.2.b: WALL SIGN CALCULATION

3. Projection: Wall signs shall not project more than two feet (2') from the face of the building where the business is located.

4. Sign area on, attached to, or suspended from awnings, canopies or marquees may be substituted for sign area allowed through the wall sign provisions; provided, that:

a. May not be backlit translucent; and

b. Signs on or attached to awnings shall maintain eight foot (8') vertical clearance from the sidewalk or adjacent grade. (Ord. 1043-24, 6-10-2024)

8-8A-3F-11: MASTER SIGN PROGRAM:

A. Purpose: The purpose of the master sign program is to encourage the integration of signs into the site and building design of the River Club SAP district. Through this integration, the intent is to allow flexibility in the criteria as set forth in section 8-8A-3F-9 of this chapter, Regulations For The River Club SAP District, and section 8-8A-3F-10 of this chapter, Regulations For Specific Sign Categories, and promote improved quality of design.

B. Applicability:

1. The following shall include a master sign program as part of the application for design review:

a. The River Club SAP district shall include a master sign program for the entire River Club SAP district as part of the first application for design review, following city approval of the River Club SAP district; and

b. A remodel or renovation that has nonresidential use(s) and more than one (1) building or occupant where a structural addition adds more than twenty-five percent (25%) increase in gross floor area of any existing building on site; or

c. Any storefront renovation that has nonresidential use(s) with more than one (1) building or occupant where more than twenty-five percent (25%) of the facade of any store is altered, replaced, rehabilitated or restored; or

d. Any improvements that have nonresidential use(s) with more than one (1) building or occupant that change more than twenty-five percent (25%) of the parcel or building.

C. Standards:

1. Signs shall incorporate materials, colors and design that are compatible with and complement the scale and design of the building for which the sign identifies.

2. Multiple signs on the same parcel shall reflect common design elements, including materials, color, letter style, illumination, sign type and sign style.

3. Sign height and placement of similar sign types shall be consistent throughout the River Club SAP district.

4. Sign size, height or placement shall not impede pedestrian patterns.

5. Signs that exceed the standards set forth in section 8-8A-3F-9 of this chapter, Regulations For The River Club SAP District, and section 8-8A-3F-10 of this chapter, Regulations For Specific Sign Categories, shall demonstrate superior quality, creativity, or artistry and integration with the buildings and site.

6. For wall signs on buildings with attached units, the building as a whole shall be used rather than the individual units in determining frontage. The total sign area of all wall signs on all units will be calculated from this frontage.

7. After approval of the River Club SAP district master sign program, no signs shall be constructed except in conformance with the criteria of such master sign program.

8. Where the master sign program may conflict with this section, the River Club SAP district master sign program will control. (Ord. 1043-24, 6-10-2024)

8-8A-3F-12: ABANDONED SIGNS:

Any abandoned sign located on a parcel or associated with a use which pertains to a time, event, business, or purpose which no longer applies to that parcel or use and/or such business or use has been continuously vacant for a period exceeding thirty (30) days shall be deemed abandoned. Abandoned sign structures conforming to this section or the River Club SAP district master sign program may remain. However, business name panels shall be removed immediately. Such abandoned signs shall be maintained in a safe and aesthetically pleasing manner. (Ord. 1043-24, 6-10-2024)

8-8A-3F-13: ABATEMENT PROCESS:

A. The city shall have the right to immediately remove, dispose of and charge the costs of the removal to the owner or other responsible person of any signs found illegally located within public property or public right-of-way. Owners of said signs illegally placed within public property or public right-of-way shall not be entitled to the notice provisions pending removal and disposal of said signs.

B. Where there is an illegal sign located on private property, a notice may be served by mail or personally, upon the sign owner, property owner or other responsible person, directing either removal of or action to correct the violation within a specified time frame between one (1) and thirty (30) days.

C. In addition to provisions set forth in section 8-8A-1B of this chapter (Property Maintenance Provisions), failure to receive appropriate permits or compliance certification may be subject to double permit fees and enforcement fees. (Ord. 1043-24, 6-10-2024)

8-8A-3F-14: ADMINISTRATIVE SIGN CITATIONS AND PROCEDURES:

A. It shall be the duty of the chief of police, or the chief’s designee, or the planning official, upon observing a violation of the provisions of this section and/or the River Club SAP district master sign program to leave at or upon such property or sign or serve upon the individual violator a Garden City police sign citation, noting that such sign is in violation. Among other information, the administrative citation shall bear the date and hour of leaving the same at or upon the violation or with the violator, the specific reason for the violation, and the location of the violation. The person or entity that placed the sign is responsible for any sign citation issued, regardless of who owns the real property.

B. In order to eliminate burdening courts with violations of ordinances and to eliminate insofar as possible public inconvenience, each person receiving a Garden City sign citation upon such person’s property or sign or served upon such person for violating the provisions of this section, unless otherwise specifically provided, shall:

1. Within twenty (20) days of the time of such citation, excluding weekends and federally observed holidays, pay to the city of Garden City, in full satisfaction of such violation, fifty dollars ($50.00) for each Garden City sign citation.

2. The failure of any responsible person or entity to make such payment to the city of Garden City within twenty (20) days shall render such person subject to the penalties as hereinafter provided.

C. Penalties: Any responsible person or entity who shall fail to pay within twenty (20) days of the time of such administrative citation, excluding weekends and federally observed holidays, shall be summoned into magistrate court for the original infraction offense. Infractions under the River Club SAP district code are punishable by a fine of one hundred dollars ($100.00) plus court costs, unless otherwise specifically provided. If a responsible person or entity, after being served a summons, shall fail to respond to the summons or fail to pay the fine, a default judgment shall be entered in the magistrate division of the district court, and the Department of Transportation shall be notified that any responsible person has an unpaid judgment. Additionally, a second and any subsequent conviction for the same infraction provision under the River Club SAP district code within one (1) year shall be a misdemeanor under the River Club SAP district code. Misdemeanors under the River Club SAP district code are punishable as provided in section 1-4-1 of this code, General Penalty, unless otherwise specifically provided. (Ord. 1043-24, 6-10-2024)

8-8A-3G: LANDSCAPE AND TREE PROTECTION PROVISIONS:

8-8A-3G-1: PURPOSE:

A. To implement the goals and objectives of the comprehensive plan to "emphasize the garden in Garden City" and, more specifically:

1. Improve the landscape standards for all new development.

2. Beautify sidewalks and gateways with landscape and trees.

3. Continue to require sidewalks and landscape in all new development, and in major alterations and reuse of existing commercial sites.

B. To enhance the livability, aesthetic qualities, economic attractiveness, and environmental health of the city.

C. To achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of city residents to live, work, shop, and recreate in pleasant, healthy, and attractive surroundings.

D. To promote the use of native and other low water use plant materials, and to discourage landscape that requires high water use for maintenance, such as large expanses of lawn.

E. To promote best practices in the maintenance of landscape and the preservation of existing significant vegetation and trees. (Ord. 1043-24, 6-10-2024)

8-8A-3G-2: APPLICABILITY:

All development, redevelopment, additions, or site modifications to existing development shall be required to conform to this section based upon the following guidelines:

A. Additions less than twenty-five percent (25%) of the gross floor area of the existing structure or developed area: no additional landscape shall be required.

B. Except for residential uses, additions or site modifications that are twenty-five percent (25%) to fifty percent (50%) of the gross floor area of the existing structure or developed area: streetscape landscape shall be installed.

C. Except for single-family and two-family residential uses, additions or site modifications greater than fifty percent (50%) of the gross floor area of the existing structure or developed area shall comply with all provisions of this section.

D. Restriping, parking lot overlays with no increase in the square footage of the parking area, or parking lot replacement less than twenty-five percent (25%): no additional landscape as required by section 8-8A-3G-6 of this chapter, Parking Lot Landscape Provisions, shall be required.

E. Parking lot replacement that is twenty-five percent (25%) to fifty percent (50%) of the parking area shall comply with the requirements of section 8-8A-3G-5 of this chapter, Perimeter Landscape Provisions.

F. Parking lot replacement that is greater than fifty percent (50%) of the parking area shall comply with all requirements of section 8-8A-3G-5 of this chapter, Perimeter Landscape Provisions, and section 8-8A-3G-6 of this chapter, Parking Lot Landscape Provisions.

G. For all new residential and nonresidential uses, all landscape standards of this section shall be met. (Ord. 1043-24, 6-10-2024)

8-8A-3G-3: GENERAL LANDSCAPE STANDARDS AND IRRIGATION PROVISIONS:

A. Landscape improvements shall be an integral part of the overall site design.

1. Landscape areas shall be configured to maximize their interconnectivity within the site and to landscape or natural areas in adjacent developments. Except in parking lots and for screening along roadways, small, isolated islands of landscape shall be avoided;

2. Landscape areas shall be compatible with the character of the proposed development and the surrounding areas to reinforce neighborhood identity;

3. Landscape design shall enhance natural drainageways and environmental features;

4. Spacing of trees and shrubs shall allow for their natural spread; and

5. A three foot (3') clearance zone shall be maintained around the circumference of fire hydrants.

B. Landscape improvements shall follow water efficient design principles to facilitate water conservation.

C. The following minimum plant sizes shall be used for all required landscape areas:

Shade trees	2-inch caliper minimum
Ornamental trees	2-inch caliper minimum
Evergreen trees	6-foot height minimum
Woody shrubs	2-gallon pot minimum

D. Except for perimeter landscape identified in section 8-8A-3G-5 of this chapter, Perimeter Landscape Provisions, required landscape areas shall be at least forty percent (40%) covered with vegetation at maturity, with mulch used under and around the plants. Use of mulch, organic or rock, as the only ground cover in required planting areas is prohibited.

E. When five (5) or more trees are to be planted to meet the requirements of any portion of this section (including street trees, perimeter landscape, parking lot landscape and other landscape guidelines) a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required as set forth in Table 8-8A-3G-3.

TABLE 8-8A-3G-3

REQUIRED NUMBER AND TREE SPECIES
Required Number Of Class II Or Class III Trees	Minimum Number Of Species
5 to 10	2
11 to 30	3
31 to 50	4
More than 50	5

F. All plant material installed pursuant to this section shall meet or exceed the minimum standards as established by the American Standard for Nursery Stock standard Z-60.1 published by the American Nursery and Landscape Association.

G. All trees, shrubs, and other plant material shall be planted using accepted nursery standards as published by the American Nursery and Landscape Association (latest edition) including hole size, backfilling, and fertilization.

H. Tree staking is not required, but may be used in areas with high winds or other situations that make staking desirable. If trees are staked, the stakes shall be removed within twelve (12) months to prevent damage to the tree.

I. All planting areas that border driveways, the perimeter of parking lots, and other vehicle use areas shall be protected by curbing, wheel stops, or other approved protective devices.

1. Trees shall be planted at least three feet (3') from curbs, sidewalks, driveways and other hard surfaces to buffer from stress caused by vehicle overhang and compacted soils, or planted with sufficient space to provide for the full maturity of the particular tree species.

2. All other plant material, except sod or ground cover, shall be set back a minimum of one foot (1') from any curb edge to protect from vehicle overhang and mechanical damage.

J. The landscape installation shall stabilize all soil and slopes.

K. Berm slopes are generally discouraged, but shall not exceed two to one (2:1) (horizontal to vertical). Three to one (3:1) maximum slopes are recommended. Grass that requires mowing shall not be used on slopes steeper than three to one (3:1).

L. All required landscape shall be provided with an automatically controlled irrigation system.

M. Required trees must be selected from the most current version of the "Treasure Valley Tree Selection Guide" or certified by a licensed landscape architect to be appropriate to the proposed location. (Ord. 1043-24, 6-10-2024)

8-8A-3G-4: LANDSCAPE PROVISIONS FOR SPECIFIC USES:

A. Landscape for Single-Family Detached Dwelling Units:

1. For a dwelling unit with thirty feet (30') to forty-nine feet (49') of linear frontage on a right-of-way, one (1) class II or class III tree shall be planted in the front of the dwelling unit.

2. For a dwelling unit with fifty feet (50') or more of linear frontage on a right-of-way, two (2) class II or class III trees shall be planted with one (1) tree located in the front of the dwelling unit.

3. Trees shall be planted with adequate spacing to allow for the mature spread of the trees.

B. Landscape for Single-Family Attached, Townhouse, And Multifamily Dwelling Units; and All Nonresidential Uses:

1. A minimum of one (1) class III or class II tree shall be planted at the front of the structure and every adjacent right-of-way. An additional class I tree shall be planted in the corresponding setback for every increment of fifty feet (50') of linear feet of frontage.

2. A minimum of one (1) tree per one thousand (1,000) square feet of landscaped area and one (1) shrub per one hundred fifty (150) square feet of landscaped area shall be planted.

a. Trees shall be distributed throughout the site.

b. Shrubs shall be grouped and distributed throughout the site.

3. Trees may be substituted for up to one-half (0.5) of the required shrubs at the rate of one (1) tree for ten (10) shrubs and vice versa.

4. Class II or class III trees can be substituted at the rate of two (2) class I trees for every one (1) class II or class III tree unless otherwise specified by an adopted street design or master plan. (Ord. 1043-24, 6-10-2024)

8-8A-3G-5: PERIMETER LANDSCAPE PROVISIONS:

A. Purpose: The perimeter landscape shall provide the following benefits:

1. To provide a visual barrier between the River Club SAP district and neighboring uses;

2. To enhance the streetscape;

3. To provide privacy; and

4. To protect uses from wind, dust, noise, traffic, glare, visual disorder, and harmful or noxious effects.

B. Applicability: Required perimeter landscape meeting the standards set forth in subsection C of this section is required between the River Club SAP district and neighboring uses.

C. Standards:

1. A perimeter landscape area shall be at least ten feet (10') wide measured from the property line to the interior of the parcel.

2. A screen consisting of vegetation shall be at least six feet (6') wide and six feet (6') in height at maturity.

3. At least one (1) tree shall be planted for every forty (40) linear feet of perimeter length (or as appropriate to the selected tree species) to quickly establish continuous canopy coverage.

4. Additional standards for parking lots and carports are set forth in section 8-8A-3G-6 of this chapter, Parking Lot Landscape Provisions.

5. Structures less than one hundred twenty (120) square feet, including, but not limited to, trash enclosures and storage sheds, may encroach into the perimeter landscape area.

6. Perimeter landscape areas shall provide for pedestrian access from residential development to abutting nonresidential development and vice versa. (Ord. 1043-24, 6-10-2024)

8-8A-3G-6: PARKING LOT LANDSCAPE PROVISIONS:

A. Purpose: Landscape areas shall be distributed throughout a parking lot to soften and screen parking lot edges, reinforce circulation routes, create pleasant pedestrian conditions and maximize shade and storm water benefits.

B. Applicability: The provisions of this section shall apply to all new or substantially altered parking lots of five (5) spaces or more.

C. Standards:

1. Landscaped areas in large parking lots may be consolidated to enhance tree and plant material growing conditions.

2. Landscaped areas shall be designed to accommodate the following:

a. Tree planters in parking lots are allowed to encroach up to two feet (2') in depth and two feet (2') in width on one (1) corner of a parking space at a forty-five (45) degree angle to create a diamond-shaped tree planter. Except for diamond-shaped tree planters internal to parking lots, trees shall be planted with access to at least sixty-four (64) square feet of area and a three foot (3') depth of quality soil.

b. High branching, deciduous shade trees shall be used in parking areas.

3. Plant materials for parking lot landscape areas shall be selected for suitability in that environment:

a. Native and nonnative plant species that are hardy, drought tolerant, and resistant to the stresses of compacted soils and weather exposure shall be used;

b. Suitable native species shall be included where possible and appropriate;

c. Monocultures which can be susceptible to disease shall be avoided;

d. Consideration of the sun, shade and irrigation requirements shall be made; and

e. A variety of deciduous and coniferous trees and shrubs for year-round interest, texture, shape and seasonal color shall be planted.

4. Landscape areas shall be coordinated with the location of light standards and other utilities.

D. Perimeter Landscape and Screening Standards:

1. Edge treatments along streets and other public spaces shall visually screen parked vehicles, but not completely obstruct views into and out of the parking lot for the purpose of supporting pedestrian safety and security.

2. Solid masonry, wrought iron, or wood fencing a minimum of six feet (6') in height with landscaped screening shall be provided between parking lots and residential uses or undeveloped residential areas.

FIGURE 8-8A-3G-6.D

EXAMPLES OF LANDSCAPE AND WALLS TO SCREEN PARKING LOTS

E. Internal Landscape Standards:

1. Landscaped areas, including islands, medians, and storm water retention areas shall be designed within the parking lot to define major vehicle and pedestrian routes, provide shade and break up the expanse of paved areas.

2. Internal landscaped islands shall be designed with a curb to prevent damage from vehicles, to separate planting areas from pedestrian pathways, and to prevent soil and other landscape material from spreading over adjacent surfaces.

a. Taller or shorter curbs are permitted where vehicle overhang and door clearances are not an issue.

b. Curb cuts are permitted to the extent needed to support accessibility and storm water initiatives.

3. Internal tree gates shall be flush with adjacent paving, utilizing structural soil and wheel stops to protect trees. Tree grates may be utilized as part of the storm drainage system. See Figure 8-8A-3G-6.E.

4. Plant high branching deciduous trees throughout the parking lot interior to provide shade for pedestrians, vehicles and surfaces.

a. Internal shade trees shall be planted a maximum of forty-five feet (45') apart.

b. Internal shade trees shall be planted such that no parking space is more than fifty feet (50') from a tree.

c. On small or narrow sites, shade trees provided in non-street-facing perimeter planting areas can be counted toward the internal tree requirement; provided, that the maximum distance from a parking space, fifty feet (50'), is met.

5. Include landscaped islands with at least one (1) tree at the beginning and end of each parking row.

FIGURE 8-8A-3G-6.E

EXAMPLES OF INTERNAL PARKING LOT LANDSCAPE

(Ord. 1043-24, 6-10-2024)

8-8A-3G-7: TREE PRESERVATION PROVISIONS:

A. Purpose: The provisions of this section are intended to promote the preservation of existing trees from destruction before and during the development process.

B. Standards:

1. Site development shall attempt to maintain existing trees of four-inch (4") caliper or greater within their design.

2. Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction.

3. Any tree damaged during construction shall be replaced in accordance with section 8-8A-3G-7.B.5 of this chapter.

4. Construction, excavation, or fill occurring within the drip line of any existing tree shall be avoided. Specific requirements for construction within the drip line of existing trees are as follows:

a. Impervious paving surfaces shall remain outside of the drip line of existing trees.

b. Grade changes greater than six inches (6") are prohibited within the drip line of existing trees.

c. A fence or barrier that encloses the entire area beneath the tree canopy shall be in place prior to construction.

d. New underground utilities to be placed within the drip line of existing trees shall be installed in accordance with subsection C of this section.

5. Mitigation shall be required for all existing trees of four-inch (4") caliper or greater that are removed or damaged from the site.

a. Mitigation is required for all such trees removed within eighteen (18) months prior to issuance of the building permit for construction on the site or damaged during construction.

b. Mitigation shall be replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: Two (2) twelve-inch (12") caliper trees removed may be mitigated with four (4) six-inch (6") caliper trees, six (6) four-inch (4") caliper trees, or twelve (12) two-inch (2") caliper trees.)

c. Mitigation trees are in addition to all other landscape required by this section.

d. No mitigation is required in the following: (1) existing dead, dying, diseased, invasive or hazard trees certified prior to removal by a certified arborist; or (2) trees that are required to be removed by another governmental agency having jurisdiction over the project.

6. Existing trees that are retained or relocated on a site may count toward the required landscape.

C. Standards for Planting of Trees Near Existing Utilities and to Trenching for New Utilities Near Existing Trees:

1. Overhead Utilities: Only class I trees may be planted under or within ten (10) lateral feet of any overhead utility wires.

2. Underground Utilities: All trees shall be planted outside of any easement that contains a city water or sewer main, unless written approval is obtained from the city engineer. If any utility easement precludes trees required by this section, the width of the required buffer shall be increased to accommodate the required trees.

3. Trenching: New underground utilities shall stay outside of the drip line of existing trees if trenched, or be tunneled a minimum of three feet (3') below existing grade within the tree’s drip line.

a. No root two inches (2") or larger shall be cut.

b. This requirement is for placement of new utilities and does not affect the city’s ability to access existing utilities for repair and maintenance. (Ord. 1043-24, 6-10-2024)

8-8A-3G-8: LANDSCAPE MAINTENANCE PROVISIONS:

A. Purpose: The provisions of this section are intended to ensure that all required landscape is maintained in a healthy, growing condition at all times within the River Club SAP district.

B. Standards:

1. The property owner is responsible for the maintenance of all landscape and screening devices required by this section.

2. Topping any street tree required by this section is prohibited.

3. 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 rights-of-way.

4. Plant materials which exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced.

5. Where landscape might impact motorist or pedestrian sight distance, shrubs shall be maintained below three feet (3') in height and trees shall be pruned so that the lowest branches will be at least seven feet (7') above the ground level.

6. All landscape required by this section may be subject to periodic inspections by city officials to determine compliance or to investigate. (Ord. 1043-24, 6-10-2024)

8-8A-3H: OPEN SPACE PROVISIONS:

8-8A-3H-1: PURPOSE:

A. These requirements are intended to provide for common open space requirements which improve the livability of neighborhoods, connect the community and preserve and protect any existing natural amenities in the River Club SAP district.

B. These provisions are intended to establish minimum standards for common open space and requirements for the long-term maintenance of these areas. (Ord. 1043-24, 6-10-2024)

8-8A-3H-2: APPLICABILITY:

The standards for open space and site amenities shall apply to all new single-family, townhouse, and all multifamily developments. (Ord. 1043-24, 6-10-2024)

8-8A-3H-3: GENERAL OPEN SPACE STANDARDS:

Subject to mitigation requirements in this chapter, common open space shall be designed as an integral part of a residential development project by demonstrating adherence to the following standards:

A. Areas on the site of mature landscape, trees, and natural features have been incorporated into the common open space area;

B. The common open space area provides connectivity with other open areas, public spaces, trails, or water features within and off the site; and

C. The common open space area is located and designed to serve a passive or recreational function. (Ord. 1043-24, 6-10-2024)

8-8A-3H-4: OPEN SPACE STANDARDS FOR SINGLE-FAMILY DETACHED, SINGLE-FAMILY ATTACHED AND TOWNHOUSE RESIDENTIAL DWELLING UNITS:

A. Minimum Requirement: For any new single-family or townhouse development: A minimum of ten percent (10%) of the gross site area shall be in common open space.

B. Qualified Open Space: The following may qualify to meet the common open space requirements:

1. Any open space, not less than four hundred (400) square feet in area, and with a minimum length and width dimension of ten feet (10') that is active or passive in its intended use, and accessible by all residents of the development, including, but not limited to:

a. Open grassy area of at least forty feet by ten feet (40' x 10') in area;

b. Community garden;

c. Ponds or water features;

d. Plaza.

2. Additions to a public park, greenbelt or other public open space area.

3. A landscape buffer with a minimum of five feet (5') between the street and sidewalk and eighty feet (80') in linear distance.

4. Storm water detention facilities when designed in accord with subsection A of this section, Minimum Requirement.

5. Pedestrian pathways of at least five feet (5') in width and eighty feet (80') in length along canals, watercourses or similar channels, or through the middle of long blocks. Required sidewalks adjacent to public streets do not qualify as common open space.

6. Common open space shall be grouped contiguously with open space from adjacent developments.

C. Maintenance:

1. All common open space shall be the responsibility of an owners’ association or property management company for the purpose of maintaining the common area and improvements thereon; or

2. Land designated as common open space may be conveyed to the city, where the city agrees to accept conveyance and maintenance. (Ord. 1043-24, 6-10-2024)

8-8A-3H-5: OPEN SPACE STANDARDS FOR MULTIFAMILY DEVELOPMENTS:

A. Private Open Space Requirements: For any new multifamily development: A minimum of fifty (50) square feet of private, usable open space shall be provided for all ground level dwelling units and fifty percent (50%) of above-ground-level dwelling units.

1. This requirement can be satisfied through porches, patios, rooftop terraces or gardens, decks, balconies, and/or enclosed yards.

2. The minimum dimension of any open space shall be five feet (5') in any direction.

3. Entryway and other accessways shall not count toward this requirement.

4. Private open space may be aggregated and added to common open space.

B. Common Open Space Requirements:

1. For any new multifamily development: A minimum area of outdoor common open space shall be provided as follows:

a. One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area.

b. Two hundred fifty (250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area.

c. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area.

2. Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length or width dimension of ten feet (10').

3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units.

4. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least two feet (2') in height and an additional landscape buffer that incorporates shrubs, trees and boulders.

5. Vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space.

6. Common open space may be grouped contiguously with open space from adjacent developments.

C. Maintenance:

1. All common open space shall be the responsibility of the owner or an owners’ association or property management company for the purpose of maintaining the common area and improvements; or

2. Land designated as common open space may be conveyed to the city, where the city agrees to accept conveyance and maintenance. (Ord. 1043-24, 6-10-2024)

8-8A-4: REFERENCES:

8-8A-4A: DEFINITIONS:

8-8A-4A-1: DEFINITIONS OF USES:

ACCESSORY USE:	A use that is incidental, auxiliary and subordinate to the principal use, and is conducted upon the same parcel. Examples include but are not limited to the parking and storage intended solely for the primary use.
ACTIVE ADULT COMMUNITY:	Any residential community that qualifies as age-restricted under the Housing for Older Persons Act (HOPA) or its successor act.
AGRICULTURE:	The use of land for farming, dairying, pasturage, aquaculture, horticulture, floriculture, viticulture, and animal husbandry, including riding stables and schools and the necessary accessory structures for packing, treating and storing the produce to standard. The term "agriculture" does not include commercial stock or feed yards where a concentration of livestock is fed for the purpose of fattening for market.
AMUSEMENT CENTER:	The use of all or part of a building for indoor amusement including, but not limited to, video games, laser games, bingo, pool, billiards, card rooms, and indoor playground facilities.
ANIMAL CARE FACILITY:	The use of a site for the boarding, care, grooming, diagnosis or treatment of animals. The use may include overnight accommodations on the premises and boarding that is incidental to the primary activity. The term "animal care facility" shall include, but not be limited to, an animal clinic, animal hospital, commercial kennel or veterinary office.
ARTIST’S STUDIO:	The use of a site for the individual production, sale or instruction of a creative pursuit of original ideas or creations.
BED AND BREAKFAST:	The use of a dwelling where meals and lodging are provided for compensation for three (3) or more persons not related to the bed and breakfast business owner. The term "bed and breakfast" includes a boarding house or lodging house, and excludes a group dwelling unit.
BICYCLE SALE, SERVICE, STORAGE, RENTAL:	The use of a site for a business wherein bicycles are sold, serviced, repaired, stored and/or rented.
BUILDING MATERIAL, GARDEN AND EQUIPMENT:	The use of a site for the retail sale and service of merchandise used in home and garden improvements. The term "building material, garden and equipment" includes home and garden centers; hardware stores; lawn and garden equipment supply stores; paint and wallpaper stores; lumberyards; nursery, garden and farm supply stores.
BUILDING SEPARATION:	The distance between two (2) structures on one (1) parcel of property.
CHURCH OR PLACE OF RELIGIOUS WORSHIP:	The use of a site that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the state of Idaho with a state tax exempt status in accord with Idaho Code section 63-602B.
CLUB:	The use of a site owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests, and not primarily operated for profit or to render a service customarily carried on as a business.
COMMERCIAL ENTERTAINMENT FACILITY:	The use of a site for any profit-making activity which is generally related to the entertainment field. The term "commercial entertainment facility" includes motion picture theaters, carnivals, nightclubs, and dance halls.
DAYCARE FACILITY:	The use of a site where nonmedical care, protection or supervision is regularly provided to children under twelve (12) years of age, or disabled persons of any age, for periods less than twenty-four (24) hours per day, while the parents or guardians are not on the premises. There are three (3) types of childcare facilities distinguished by the number of individuals served:
	A. Daycare center: more than twelve (12).
	B. Daycare, neighborhood: more than six (6) but no greater than twelve (12).
	C. Daycare, personal: four (4) or fewer.
DRINKING ESTABLISHMENT, FULL SERVICE:	The use of a site primarily for the sale or dispensing of liquor by the drink or glass, but not including restaurants with a wine and beer license where the principal business is serving food. The use includes, but is not limited to, bar, lounge, saloon, and tavern.
DRINKING ESTABLISHMENT, LIMITED SERVICE:	The use of a site primarily for the service of only wine or beer by the glass, but not including restaurants with a wine and beer license where the principal business is serving food. The use includes wine bar, beer pub, and brewery.
DRIVE-THROUGH ESTABLISHMENT:	Any use that permits service to take place directly with customers located in a motor vehicle. The term "drive-through establishment" shall include, but not be limited to, providing food or beverage service, bank service, prescription drugs, and/or film processing. The term "drive-up window service" shall not include fuel sales facility or vehicle washing facility as herein defined.
DWELLING OR DWELLING UNIT:	Any structure, or portion thereof, providing independent living facilities for one (1) "family" as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation.
DWELLING, SINGLE-FAMILY ATTACHED; TOWNHOUSE:	A structure containing two (2) or more dwelling units attached by a party wall or walls, where each dwelling is located on separate property.
DWELLING UNIT, ACCESSORY:	A dwelling unit either within the principal structure or in a detached structure that is incidental and subordinate to the principal structure and is located upon the same parcel.
DWELLING UNIT, GROUP:	A structure used for long-term living, eating and sleeping accommodations, including students enrolled in an educational institution. The use includes dormitories, fraternities and sororities, and halfway houses.
DWELLING UNIT, MULTIFAMILY:	A structure or parcel containing two (2) or more principal dwelling units where more than one (1) dwelling unit is located on a property. The term "multifamily dwelling unit" includes apartments and condominiums with varying arrangements of entrances and party walls.
DWELLING UNIT, SINGLE-FAMILY DETACHED:	A structure consisting of one (1) dwelling unit on a property.
EATING ESTABLISHMENT, FULL SERVICE:	The use of a site for an establishment where a full range of food items are prepared, served and consumed by patrons. The serving of alcoholic beverages may also be provided but is secondary to the service of food. The term includes cafe, caterer, diner, eatery, grill, restaurant, and steakhouse.
EATING ESTABLISHMENT, LIMITED SERVICE:	The use of a site for an establishment where a limited number of food items are prepared, served and consumed by patrons on or off the site. The serving of alcoholic beverages is not provided. The term includes coffee shop, delicatessen, pizza parlor, retail bakery, fast food, sushi bar, food stand and catering facility.
ELIGIBLE FACILITIES REQUEST:	Any request for modification of an existing wireless tower or base station that involves: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.
EQUIPMENT RENTAL, SALE AND SERVICE:	The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment.
FINANCIAL INSTITUTION:	The use of a site for lending, exchanging and handling money or currency for customers. The use includes, but is not limited to, state or federally backed credit unions, savings and loan and commercial banks. This use does not include title loans, payday loans or pawnbrokers.
FOOD PRODUCTS, PROCESSING:	The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to, beverages, coffee roasting, ice, fruits, vegetables, spices, confectionery, meat, seafood, and dairy products. The use does not include slaughterhouses.
FOOD PRODUCTS, SMALL-SCALE PROCESSING:	The use of a site for producing, manufacturing, or processing of food products on a boutique or small-scale and limited production. The use often contains a tasting or dining area. The use includes, but is not limited to, catering, smoking and curing, canning and preserving, confectioneries, brewing and winemaking.
FOOD STORE:	The use of a site for the sale of fresh, partially or fully prepared food for consumption at a different location in conjunction with a full line of consumable goods, toiletries, cleaning supplies, and household supplies. The term "food store" includes grocery stores, delicatessens, bakeries and convenience stores.
FUEL SALES:	The use of a site for the retail sales of motor fuel, lubricating oils, and/or grease to on-premises trade. The use may also include an accessory convenience store selling a limited line of groceries and self-service food items.
FUEL YARD:	The use of a site where the primary business is that of storing fuel, including, but not limited to, propane, kerosene, diesel, home heating fuel, gasoline, and natural gas distribution centers in either approved aboveground or belowground tanks.
HEALTH CLUB:	The use of a site for the conduct of sports and physical exercise, and where related activities are performed.
HEALTHCARE AND SOCIAL SERVICE:	The use of a site for ambulatory healthcare services. The term "healthcare and social services" includes offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers; medical and diagnostic laboratories; imaging centers; kidney dialysis centers; blood and organ banks.
HOME OCCUPATION:	An occupation conducted entirely within a dwelling unit clearly incidental to a residential use.
HOSPITAL:	The use of a site for an institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients twenty-four (24) hours a day. The term "hospital" does not include clinic, convalescent or boarding home, or any institution operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating forcible confinement of patients.
INDUSTRY, FLEX:	The use of a multi-tenant structure for the uses of: equipment rental and sales; light industry; motorcycle sale, service, storage rental; service provider; storage yard; vehicle service or other permitted uses.
INDUSTRY, INFORMATION:	The use of a site for processing data. The use includes, but is not limited to, publishing industries such as newspapers, books, music, internet and software; recording and broadcasting studios; data processing centers, internet providers and other information systems.
INDUSTRY, LIGHT:	The use of a site where there may be the use of heavy equipment or machinery, and/or noise, smells, environmental pollutants, or fire concerns. Light industry typically is for the manufacture, processing, fabrication, analysis, assembly, treatment, and/or packaging of finished products or parts. The use of paint booths not related to vehicle service shall be included in this use category.
KENNEL, HOBBY:	The use of a site with more than three (3) dogs, or five (5) or more domesticated animals that are more than four (4) months of age in a residential area, raising, showing or training of animals for personal enjoyment of the occupants of the site, and for which commercial gain is not the primary objective.
LABORATORY; MEDICAL, DENTAL, OPTICAL:	The use of a site for medical, dental or optical lab work that can be performed outside of a hospital or medical office.
LAUNDROMAT, SELF-SERVICE CLEANER:	The use of a site for patron use of coin-operated washing machines and dryers.
LAUNDRY AND DRY CLEANING, COMMERCIAL PLANT:	The use of a site for cleaning fabrics, textiles, and apparel.
LAUNDRY AND DRY CLEANING ESTABLISHMENT:	The use of a site for the pickup and delivery of dry cleaning and laundry without the operation of a laundry or dry cleaning on site.
LENDING INSTITUTION:	The use of a site for bailment services or short term credit secured by title, check, personal property, or other collateral. This use includes, but is not limited to, those uses as defined by Idaho Code as "payday loan," "title loan" or "pawnbroker."
	"Pawnbroker" means a person who is engaged in the business of loaning money on deposit or purchase of tangible personal property and who maintains such tangible personal property in such person’s possession until such time as it is redeemed or resold or until such time as otherwise provided by applicable local law.
	"Payday loan" means a transaction pursuant to a written agreement between a creditor and the maker of a check whereby the creditor:
	A. Accepts a check from the maker;
	B. Agrees to hold the check for a period of time prior to negotiation, deposit or presentment; and
	C. Pays to the maker of the check the amount of the check, less a fee.
	"Title loan" means a loan for a consumer purpose that is secured by a nonpurchase money security interest in titled personal property and that is scheduled to be repaid in either a single installment or in multiple installments that are not fully amortized.
	This definition does not include state or federally backed banks or credit unions.
LODGING:	The use of a site providing visitor or overnight accommodations, including sleeping rooms, sanitary facilities, guest registration and lobby areas. The term "lodging" shall include motels, hotels and inns.
MANUFACTURED HOME:	A structure, constructed after June 15, 1976, in accordance with the HUD Manufactured Home Construction and Safety Standards, and is transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC section 5401 et seq. (Idaho Code section 39-4105.)
MANUFACTURED HOME/MOBILE HOME PAD:	An improved area of ground equal to the perimeter and/or square footage of the manufactured/mobile home and on which the manufactured/mobile home shall be located.
MANUFACTURED HOME/MOBILE HOME PARK:	Any parcel of ground upon which three (3) or more manufactured homes or mobile homes or other dwelling units occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodation; but shall not include a plot of ground used for mobile home dealers exclusively for the display, storage or sale of manufactured/mobile homes.
MANUFACTURED HOME/MOBILE HOME SPACE:	A parcel of ground within a mobile home park designated and intended for the accommodation of one (1) manufactured/mobile home including setbacks.
MANUFACTURED/MODULAR BUILDING:	A prefabricated structure constructed according to HUD/FHA mobile construction and safety standards transportable in one (1) or more sections that is assembled in modular sections.
MOBILE SERVICE:	A business or service that is operated from a vehicle or trailer, and is at a given location for less than twenty-four (24) hours. Examples of mobile services may include food trucks, mobile veterinary services, or mobile medical services. This use as defined does not include the parking or storage of the vehicle or trailer when the service is not in operation.
MORTUARY:	The use of a site in which deceased human bodies are kept temporarily and prepared for burial or cremation.
NURSERY:	The use of a site for the storage, cultivation, or transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.
NURSING AND RESIDENTIAL CARE FACILITY:	The use of a site for providing assistance to two (2) or more individuals needed to perform the routines of daily life. The use includes, but is not limited to, children’s treatment facility, assisted care skilled nursing facility, residential care facility, and drug and alcohol treatment facility.
PARKING FACILITY:	The primary use of a site for parking vehicles. The term "parking facility" includes surface parking lots and parking garages.
PERSONAL SERVICE:	The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, beauty and healthcare services such as salons, hair, nail and skin care, spas, and barbers; locksmiths; and repairs such as footwear and leather goods, watches, and appliances.
PROFESSIONAL SERVICE:	The use of a site primarily for business administration, reception, accessory storage of records and electronic processing of data. Professional service uses include, but are not limited to: business administration, architects, engineers, landscape architects and other design services; accountants; financial advisors; insurance agencies; software programming; consultants; lawyers; realtors; and title companies.
PUBLIC SERVICE FACILITY:	The use of a site for a public utility or infrastructure. The term "public service facility" includes power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures.
PUBLIC USE:	The use of a site for public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials, recycling and public service facilities.
RECREATIONAL VEHICLE PARK:	The use of a site by two (2) or more recreational vehicles or travel trailers for temporary living quarters on a temporary basis.
RESEARCH AND DEVELOPMENT:	The use of a site for developing new technology, products, processes and/or discovering solutions to problems for industries that include, but are not limited to, energy, medical, information technology and consumer goods.
RETAIL PRODUCTION:	The use of a site for manufacture, processing, fabrication or assembly of finished products and on-site retail sale and/or showroom of finished products. The area utilized for production and/or manufacturing of products shall not be any greater than two thousand (2,000) square feet on the street level and not constitute more than three to one (3:1) of the area utilized for the salesroom and/or showroom.
RETAIL STORE:	The use of a site that offers merchandise or services to the public for monetary compensation. The term "retail store" includes, but is not limited to: hobby, office supplies, stationery and gift stores; specialty stores; apparel and accessories stores; pharmacy and drug stores; used merchandise stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; and sporting goods stores.
SCHOOL:	An institution of learning or academic instruction and/or instruction in a skill or business. The term "school" includes any public or private educational facility including, but not limited to, nursery schools, preschools, kindergartens, elementary and secondary schools.
SELF-SERVICE USES:	Any commercial use where there is not an attendant on the site during all hours of operation. The term includes, but is not limited to, automated teller machines (ATMs), vehicle washing, fuel sales facilities, and storage facilities.
SERVICE PROVIDER:	The use of a site for an employee or employees of a company or person that provides materials or labor to perform a service or job not located on site. This may include, but is not limited to, building or trades contractor, damage restoration services or cleaning services. This is not the same as a "storage yard" as herein defined nor does this definition include construction or manufacturing on site.
SEXUALLY ORIENTED BUSINESS:	Adult Bookstore, Adult Novelty Store or Adult Video Store: A commercial establishment which has a significant or substantial portion of its stock in trade or a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental or viewing for any form of consideration, of any one (1) or more of the following:
	A. Books, magazines, periodicals or other printed matter, or photographic films, motion pictures, videocassettes, slides, live human representations or other usual representations which are characterized by the depiction or description of specified sexual activities: (1) the fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; (4) human genitals in a state of sexual stimulation, arousal or tumescence; (5) excretory functions as a part of or in connection with any of the activities listed above; or specified anatomical areas:
	1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola;
	2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. This definition does not apply to the availability for sale of any material displayed in such a way that only the name of the material appears to the public and does not include specified sexual activities on either cover of the material which is open to public viewing.
	B. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
	An establishment may have other principal business purposes that do not involve its offering for sale, rental or viewing of materials or live human representations depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one (1) of its principal business purposes is offering for sale or rental for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."
	Adult Motel: A motel, hotel or similar commercial establishment which offers public accommodations for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined above and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of off-premises advertising including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio or television.
	Adult Motion Picture Theater: Any premises in which motion pictures, slides, videotapes or similar photographic reproductions showing "specified sexual activities," defined herein, are shown to an audience which pays a fee or other consideration for the viewing.
SMALL CELL FACILITY:	A wireless communication structure that is under fifty feet (50') in height which provides a smaller coverage area than a traditional macro cell facility; for complete criteria see Federal Communications Commission definition for "small cell wireless facility."
SMALL CELL SUPPORT STRUCTURE:	A pole, tower or base station, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless services, whether on its own or comingled with other types of services.
SPECIAL EVENT:	A temporary use that is open to the public that lasts three (3) days or less.
STORAGE FACILITY OR YARD:	The use of more than twenty percent (20%) of a site where equipment, inventory, supplies, vehicles or other similar items of a nonresidential nature are stored inside or outside.
STORAGE FACILITY, SELF-SERVICE:	A structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles).
STORAGE YARD, COMMERCIAL RECREATIONAL VEHICLE:	The use of a site for the storage of two (2) or more recreational vehicles or trailers where individual, outside or inside storage spaces are utilized, rented, leased or sold to owners of recreational vehicles.
TEMPORARY USE:	The use of a site for more than three (3) days and less than three (3) consecutive months unless otherwise specified by standards for specific types of temporary uses in section 8-8A-2C-19 of this chapter.
TOBACCO ENTERTAINMENT FACILITY:	The use of a site primarily for the distribution or sales of tobacco products or products used for the consumption of tobacco primarily on site.
TOBACCO RETAIL STORE:	The use of a site primarily for the distribution or sales of tobacco products or products used for the consumption of tobacco primarily off site. Seating is limited to no more than four (4) patrons.
VEHICLE RENTAL:	The use of a site for car share or rental of motor vehicles for short periods of time, generally ranging from a few hours to a few weeks.
VEHICLE SALES:	The use of a site for the sale or long-term lease (terms of lease for more than a month) of new and used motor vehicles, including consignment sales and lease, and incidental repairs in preparation for on-premises display and sale.
VEHICLE SERVICE:	The use of a site for the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service painting, repairing or straightening the body and/or chassis of vehicles or steam cleaning of vehicles.
VEHICLE WASHING FACILITY:	The use of a site where a vehicle may be washed, waxed, detailed, or vacuumed by the owner of the vehicle or employees on the site.
VEHICLE WRECKING YARD:	The use of a site for the dismantling or wrecking of two (2) or more used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
WAREHOUSE:	The use of a site as a major stopping or transferring point for freight, storage, wholesale and distribution of manufactured products, supplies and equipment, excluding retail sales.
WIRELESS COMMUNICATION FACILITY:	A steel monopole, guywire tower, lattice tower or other similar wireless communication structure that is over fifty feet (50') in height, also known as a macro cell facility, designed to support directional antennas, parabolic dishes or antennas, microwave dishes; in addition to associated macro cell facility ground equipment and other similar equipment used in the wireless communications industry; see Federal Communications Commission definition for "wireless communication facility."

(Ord. 1043-24, 6-10-2024)

8-8A-4A-2: DEFINITIONS OF TERMS:

ACCESS LANE:	A travel surface that provides internal circulation within a site and may have the potential to provide access to adjacent parcels. The access lane may be private or public, in which it may also be called an "alley" or "minor local street."
ACCESSORY STRUCTURE:	A detached structure that is incidental and subordinate to the principal structure and is located upon the same parcel. The term "accessory structure" shall include, but not be limited to, the following: private garage, storage structure, workshop, and/or greenhouse. The term shall not include additional structures for approved public, commercial, or industrial uses or insurable structures.
AFFORDABLE HOUSING:	Housing that is affordable to persons with incomes that are eighty percent (80%) or less than the median income for the Treasure Valley area and that is administered by an agency who qualifies persons for such housing.
ALTERATIONS, STRUCTURAL:	Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.
ANIMAL, FARM:	Animals other than household pets, including, but not limited to, cattle, horses, llamas, emus, ostriches, donkeys, mules, sheep, goats, chickens, pigs, and poultry.
ANNEXATION:	The process by which the city’s corporate boundary is expanded to incorporate additional property pursuant to Idaho Code section 50-222.
APIARY:	A place where bee colonies are kept.
APPEAL:	Request for review of an interpretation of provisions of this title.
APPLICANT:	An individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes an application. The applicant need not be the owner of the property; however, the applicant shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
AREA OF SHALLOW FLOODING:	A designated AO, AH, AR/AO, or AR/AH zone on a community’s flood insurance rate map (FIRM) with a 1 percent (1%) or greater annual chance of flooding to an average depth of one (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD:	See "Special Flood Hazard Area (SFHA)."
BASE FLOOD:	The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE):	A determination by the Federal Insurance Administrator of the water surface elevations of the base flood; that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal, state or other source using FEMA-approved engineering methodologies. This elevation, when combined with freeboard, establishes the flood protection elevation.
BASEMENT:	The story or level of a building which is partially or totally below ground level.
BEE:	Any stage of the life cycle of the common domestic honeybee.
BIKE ROUTE/BIKE LANE:	Any right-of-way specifically signed for bicycle use as a shared facility with motor vehicles.
BLOCK:	An area of land bounded by streets, right-of-way, waterway or other similar barrier.
BOISE RIVER:	A one hundred two (102) mile long tributary of the Snake River.
BUILDING:	Any structure with walls on all sides designed or intended for the support, enclosure, shelter or protection of persons, animals, or property of any kind.
BUILDING HEIGHT:	The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point thereof for flat roofs, to the deck line of mansard roofs, and the top of building walls for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL:	A building in which is conducted the main or principal use of the parcel on which said building is situated.
CHANGE OF USE:	An enlargement of the use through the addition of more square footage devoted to the use; or if a use changes from one (1) category to another as listed in Table 8-8A-2B-2, Allowed Uses In The River Club SAP District.
CHANNEL:	A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CHORD MEASUREMENT:	A straight line measurement from the beginning point of a curvature to the end point of a curvature.
CITY:	The city of Garden City.
CLEANING, LAUNDRY AGENCY:	An establishment that is primarily involved in the dry cleaning or standard cleaning of items for patrons.
CLEAR VISION TRIANGLE:	A triangular area measured from the intersection of two (2) rights-of-way and/or driveways within which there are certain height limitations in order to provide sight distance for vehicles.
CO-HOUSING:	Attached or detached dwelling units clustered on a site, leaving more shared open space. The dwellings typically face each other across a pedestrian street or courtyard, with cars parked on the periphery. Often, the front doorway of every home affords a view of the common house that serves the entire development. The common house may include a lounge, kitchen and dining room, recreational facilities, workshops or laundry room.
COLONY:	Bees in any hive including queens, workers and drones.
COMMISSION:	The planning and zoning commission of Garden City.
COMMON AREA:	Land, complementary structures and/or improvements designed and intended for the common use or enjoyment of the residents of the development. The area can include, but is not limited to: turf areas, playgrounds, patios, courtyards, barbecue and picnic areas, water areas, and community gardens.
COMPREHENSIVE PLAN:	The adopted plan for Garden City pursuant to the Local Land Use Planning Act, Idaho Code section 67-6501.
CONDITIONAL USE:	A use that because of peculiar characteristics, size, operations, location with reference to surroundings, streets and existing improvements, or demands upon public facilities is allowed in the River Club SAP district subject to approval by the planning and zoning commission and subject to special requirements in accordance with section 8-6B-2 of this title and as enabled by Idaho Code section 67-6512.
CONDOMINIUM:	An estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property, in an interest or interests in real property or in any combination thereof, as defined under Idaho Code sections 55-101B and 55-1503.
CONSULTATION:	A meeting or correspondence with the design review consultant(s) and applicant, but not with a governing body as defined by Idaho Code, wherein relevant items will be addressed.
COTTAGE HOUSING:	Small-size detached dwelling units between five hundred (500) square feet and one thousand five hundred (1,500) square feet.
COUNCIL:	The city council of Garden City, Idaho.
COVENANT:	A written promise or pledge.
CULVERT:	A pipe or conduit that conveys water underground under a bridge, street, road or driveway, or land surface.
DECISION MAKER:	The body or individual given authority by the River Club SAP district code for decisions on planning applications and matters. The term "decision maker" may include, but is not limited to, the council, commission, or planning official.
DEDICATION:	The setting apart of land or interests in land for use by the public or others, by ordinance, resolution or entry in the official minutes or as by the recording of a plat. Dedicated land becomes public land upon the acceptance by the city, Ada County Highway District, county or state.
DENSITY:	A unit of measurement; the number of dwelling units per acre of land.
DESIGN:	Any physical attribute of a site or building, including, but not limited to, site context, block frontages and community framework, location, vehicular and nonvehicular circulation and connections, parking, open space, service areas, landscaping, architectural character, blank wall treatments, lighting, and building massing, elements, and materials.
DEVELOPMENT:	Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT SITE:	The area of development that may include one (1) or more or parts of a legal parcel of record.
DRIVEWAY, COMMON:	A shared access that serves two (2) or more parcels or uses or dwelling units.
DUSTLESS MATERIALS:	Hard surfaces used for driveways, loading and parking including, but not limited to, concrete, asphalt, grasscrete, pavers, bricks, and macadam.
EASEMENT:	A grant by a property owner to specific persons, or to the public, to use land for specific purposes, and also may be a right acquired by prescription.
ELEVATED BUILDING:	For insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION CERTIFICATE:	The elevation certificate is an important administrative tool of the NFIP. It is used to determine the proper flood insurance premium rate; it is used to document elevation information; and it may be used to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
ENGINEER:	Any person who is licensed in the state to practice professional engineering.
FAMILY:	A. A person living alone or two (2) or more persons related by blood or marriage.
	B. A group of not more than ten (10) persons who need not be related by blood or marriage living together in a dwelling.
	C. Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision; provided, that no more than two (2) staff members reside in the dwelling at any one (1) time.
FENCE, PRIVACY:	A fence that is constructed of solid or opaque materials through which no views can be seen.
FERTILIZER:	Any substance containing one (1) or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, and includes lime and gypsum. It does not include unmanipulated animal manure and vegetable organic waste derived material, or biosolids under 40 CFR 503.
FIRE AUTHORITY:	The city department or special district contracted to provide fire safety services to the city.
FLOOD OR FLOODING:	A. A general and temporary condition of partial or complete inundation of normally dry land areas from:
	1. The overflow of inland or tidal waters.
	2. The unusual and rapid accumulation or runoff of surface waters from any source.
	3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection A.2 of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
	B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection A.1 of this definition.
FLOOD INSURANCE RATE MAP (FIRM):	An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
FLOOD OF ONE HUNDRED (100) YEAR FREQUENCY OR ONE HUNDRED (100) YEAR FLOODPLAIN:	A flood event that has a one (1) in one hundred (100) chance (one percent (1%) probability) of being equaled or exceeded in any given year. The one hundred (100) year flood is also referred to as the one percent (1%) flood since its annual exceedance probability is one percent (1%).
FLOODLIGHT:	A light fixture that produces up to one thousand eight hundred (1,800) lumens and is designed to flood a well-defined area with light.
FLOODPLAIN OR FLOOD PRONE AREA:	Any land area susceptible to being inundated by water from any source (see definition of "Flood or Flooding").
FLOODPLAIN ADMINISTRATOR:	The planning official or individuals authorized by the planning official or mayor of Garden City to administer and enforce the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT:	Any type of permit that is required in conformance with the provisions of chapter 8-4H of this title, prior to the commencement of any development activity.
FLOODPLAIN MANAGEMENT:	The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS:	Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY:	The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FLOOR AREA, INTERIOR:	The sum of the square feet of the horizontal areas of several floors of a building or use measured from the interior walls of such building or use.
GARAGE, PRIVATE:	An enclosed accessory building or an accessory portion of a principal building designed for shelter or storage of vehicles, owned or operated by the occupants of the principal building.
GRADE:	The elevation of the finished surface of the ground adjacent to the exterior wall of a building or structure. If a berm has been created adjacent to the structure, or if the structure is built on top of a berm, grade will be considered the lowest point of the berm.
GREENBELT, BOISE RIVER:	Land within seventy feet (70') of the six thousand five hundred (6,500) cfs flow line of the Boise River which may be owned by the city or over which the city may have a right of possession or use and: (1) which is designated by the city council to be retained in perpetuity for public use for purposes compatible with aesthetic, wildlife, education and recreational values of the Boise River; (2) which will provide for unrestricted, noncommercial access to the river; and (3) which will be developed and used to minimize water pollution, provide continuity of the public parks system, and create a buffer where necessary between conflicting land uses.
GROSS FLOOR AREA:	The sum of the gross horizontal area of the several floors inside the exterior walls of a building or portion thereof.
HEALTH AUTHORITY:	The Central District health department, the Idaho Department of Health and Welfare, the United States Environmental Protection Agency, and any agency as may succeed to any of their powers. The term "health authority" shall be liberally construed to include all of the adopted, approved or certified plans, rules, regulations, statutes or laws of the health authority.
HIGHWAY:	A street designated as a highway by the Idaho State Department of Transportation.
HISTORIC STRUCTURE:	A structure that is:
	A. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
	B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district;
	C. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or
	D. Individually listed on local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:
	1. By an approved state program as determined by the Secretary of the Interior, or
	2. Directly by the Secretary of the Interior in states without approved programs.
HIVE:	A structure intended for the housing of a bee colony.
IMPROVEMENT:	Any alteration to the land or other physical constructions associated with building site developments.
INTERESTED PARTY:	A person or entity who has specifically requested that the city inform them of a specific application, appeal or city project, or any person who provides written or oral testimony for a public hearing related to a specific application, appeal or city project not otherwise notified as provided by the River Club SAP district code.
LEVEE:	A manmade structure, usually an earthen embankment, designed and constructed according to sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM:	A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LIVESTOCK:	Any horse, llama, bovine animal, sheep, goat, hog or domestic fowl.
LIVING SPACE:	A single dwelling unit on one (1) or more floors, which contains an adequate sleeping area and access to cooking and sanitary facilities, in combination with, or on the same parcel with, a working space.
LOADING SPACE, OFF-STREET:	An open off-street hard surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors, trailers and miscellaneous freight, to avoid undue interference with public streets and alleys.
LOCAL GOVERNMENT:	Any county or city having planning and zoning authority to regulate land use within its jurisdiction.
MARKET VALUE:	The building value, not including the land value and that of any accessory structures or other improvements on a development site. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or tax assessed values.
MINOR LAND DIVISION:	A record of survey for the division of a lot, tract or parcel of land into up to four (4) parcels for the purpose of sale, or building development, containing the elements and requirements set forth in section 8-5C-6 of this title.
MIXED USE:	The use of a property, properties, or structure that includes residential and other uses which may be designed to intentionally interact.
MONUMENT:	Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to identify any tract, parcel, lot or street lines, as specified in Idaho Code section 50-1303.
MOTOR VEHICLE, JUNKED/ABANDONED:	Any automobile, truck or other motor vehicle which is inoperable and to which no significant repair or maintenance is attempted for any period exceeding thirty (30) days.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP):	The NFIP is a federal program created by Congress to mitigate future flood losses nationwide through sound community-enforced building and zoning ordinances and to provide access to affordable, federally backed flood insurance protection for property owners.
NATIVE PLANT:	A plant that occurs naturally in the ecosystem in which it is being planted. Native plants identified by the "Idaho Native Plant Society Boise Area Species And Community List" or by a certified landscape architect as being appropriate to the ecology of the subject property.
NEW CONSTRUCTION:	Structures for which the "start of construction" commenced on or after the effective date hereof.
NUCLEUS COLONY:	A smaller colony used for educational purposes, queen maintenance and rearing, or for use in the capture and future integration of a swarm into a viable colony. A nucleus colony is comprised of significantly fewer bees than a conventional colony and is contained in a structure that is approximately one-half (0.5) the size of a normal hive.
OCCUPANCY PERMIT:	The approval to occupy a site which is granted after zoning and building requirements and conditions of approval, if any, have been met or bonded for.
OPEN GRID PAVEMENT SYSTEM:	A permeable pavement surface that has strength for driving or parking vehicles.
OPEN SPACE:	An area substantially open to the sky and suitable for outdoor recreation or enjoyment. The term "open space" may include, but is not limited to, parks, playgrounds, water areas, landscaped areas, courtyards, decks, balconies, patios, rooftop gardens or terraces, enclosed yards, pedestrian walkways, sports courts, swimming pools, and picnic areas and all other exterior recreational areas. The term shall not include impervious surface area such as parking and driveways, and sidewalks located along public roads.
OPEN SPACE, COMMON:	Land within a development which is designed and intended for the use and enjoyment of the residents or the public.
ORGANIC FERTILIZER:	A nonsynthetic fertilizer.
ORIGINAL PARCEL OF LAND:	Any unplatted contiguous parcel of land held in one (1) ownership, or a lot or tract of land as recorded on any plat of record created prior to 1988, and on file in the office of the Ada County recorder.
OUTDOOR ACTIVITY AREA:	An area not fully enclosed that is associated with the use, including storage, equipment, loading and docking, but excluding vehicle parking.
OUTDOOR MECHANICAL EQUIPMENT:	Heaters, pumps, HVAC, fan and similar noise-emitting equipment.
OVERHEAD ELECTRICAL CONDUCTOR:	An electrical conductor that is either bare or insulated installed above the ground, excepting such conductors which are enclosed in rigid conduit or other material covering of equal strength.
OWNERSHIP:	The individual, firm, association, syndicate, partnership, or corporation having any interest in the land to be subdivided. This may include deed owners of record, optionees, contract purchases and trustees.
PATHWAY:	Any constructed trail which has been designated for the use of pedestrian, bicyclists, and other wheeled activities propelled solely by human power and which is not a sidewalk.
PERFORMANCE BOND OR SURETY BOND:	A financial guarantee by an owner or developer to the city in the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
PERMANENT USE:	A use that is in operation more than nine (9) months of the year.
PERSON:	Any individual, group of individuals, corporation, partnership, association, political subdivision, public or private agency, or entity.
PESTICIDE:	A. Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, plant, fungus or virus; or
	B. Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant; and
	C. Any nitrogen stabilizer.
PLANNING OFFICIAL:	An individual or designee having knowledge in the principles and practices of planning who is appointed by the mayor and confirmed by the city council to administer the River Club SAP district code. Also known as the zoning administrator, city planner or planning director. The term "planning official" as utilized in the River Club SAP district code extends to any person that the planning official designates to administer the River Club SAP district code.
PLAZA:	An open area adjacent to buildings and the street, or between buildings, that provides visual and pedestrian access onto the site. Plazas provide space for passive activities, such as resting, reading, picnicking, function as gathering places, and may contain a variety of intermittent activities, such as vendors and display stands.
PRINCIPAL USE:	The main use of land or buildings as distinguished from a subordinate or accessory use.
PRIVACY FENCE:	A fence that is constructed of solid or opaque materials through which no views through the fence can be seen.
PRIVATE OPEN SPACE:	As examples, without limitation, porches, patios, decks, and enclosed yards. Entryways, and other accessways are not private open space.
PRUNE:	To cut or lop off superfluous, dead, diseased or damaged twigs, branches or roots to improve health, shape or growth.
REAL PROPERTY:	The land and that which is permanently affixed to the land.
RECREATIONAL VEHICLE:	A portable vehicle primarily designed as temporary living accommodations for recreational camping and travel use and as defined in Idaho Code section 49-119(R).
REGULATORY FLOOD:	A flood determined to be representative of large floods known to have occurred in Idaho and which may be expected to occur on a particular stream because of like physical characteristics. The regulatory flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics in the watershed. In inland areas, the flood frequency of the regulatory flood is once in every one hundred (100) years. This means that in any given year there is a one percent (1%) chance that a regulatory flood may occur or be exceeded.
REGULATORY FLOODWAY:	See "Floodway."
RESERVE STRIP:	A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street extension or widening.
RESTRICTED USE CHEMICAL:	Any pesticide, pesticide use, soil sterilant or fertilizer classified for restricted use by the United States Environmental Protection Agency. Restricted use pesticides typically may not be applied by anyone not licensed to apply restricted use pesticides.
RIGHT-OF-WAY:	A strip of land reserved or dedicated for use as a public or private way. In addition to the roadway, it may incorporate curbs, lawn strips, sidewalks, lighting and drainage facilities, and landscaped areas.
RIGHT-OF-WAY, PRIVATE:	Any right-of-way which is not a public right-of-way.
RIGHT-OF-WAY, PUBLIC:	A right-of-way open to the public and under the jurisdiction of the applicable public agency, where the agency has no obligation to construct or maintain, but may expend funds for the maintenance of, said public right-of-way or post traffic signs for vehicular traffic on said public right-of-way.
RIPARIAN ZONE:	The area between the ordinary high water mark of the Boise River, including tributaries where water comes from and flows back into the Boise River and the greenbelt and/or nature path; or where there is no greenbelt and/or nature path adjacent to the river or tributary, the area measured twenty-five feet (25') in width from the riverbank.
RIVERINE:	Relating to, formed by, or resembling a river (including tributaries, stream, brook, etc.)
ROADWAY:	Paved area of a right-of-way intended for vehicular circulation.
SAFETY:	Security from harm, danger, risk, injury, and loss.
SERVICE AREA:	On-site area for waste, recycling and/or trash enclosures, utility vaults and boxes, and transformers.
SETBACK LINE (PERIMETER):	A line established by the River Club SAP district code, measured from the perimeter of the development site in which no building or structure may be located aboveground except as may be provided herein or in any code (fire, building, life safety, etc.) adopted by the city.
SIDEWALK:	That portion of the public right-of-way which is adjacent to curb lines or the lateral lines of a public street and is intended for the use of pedestrians in the public places of the River Club SAP district.
SIGNIFICANT IMPROVEMENT:	Any repair, reconstruction or improvement to property the cost of which equals or exceeds twenty-five percent (25%) of the tax assessed value either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, significant improvement is the value of all combined improvements within a five (5) year time frame.
SITE IDENTITY MARKER:	A sign, address, water feature, artwork, trellis, or entry feature that provides unique identification of the development.
SITE LAYOUT TEMPLATE:	A site design that shows a layout of building footprints, common areas, access lanes, and parking that is adopted by the city and that can be generally applied on a number of similarly situated sites.
SMALL-SCALE COMMERCIAL USES:	Commercial uses one thousand (1,000) square feet or less and that are oriented toward a neighborhood market, including the following: artist studio; bakery; childcare center; food store; healthcare and social services; laundromat, self-service; personal and professional services; restaurant-bar; and retail.
SOIL STERILANT:	A chemical that temporarily or permanently prevents the growth of all plants and animals.
SOLAR REFLECTANCE INDEX (SRI):	A measurement of the constructed surface’s ability to reflect solar heat, as shown by a small temperature rise. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero (0) and a standard white (reflectance 0.80, emittance 0.90) is one hundred (100).
SPECIAL FLOOD HAZARD AREA (SFHA):	The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
SPECIFIC AREA PLAN (SAP):	The concept plan for a property, including a narrative and illustrations meeting the application requirements of section 8-7B-1.I of this title (Master Plan), plus the proposed unique permitted, conditional and prohibited land uses, and the form standards for land within the SAP.
SPECIFIC AREA PLAN DISTRICT (SAPD):	Following adoption of a SAPPO, the zoning map identification of the particular property on the zoning map as a specific area plan district, e.g., SAPD-01.
SPECIFIC AREA PLAN PROJECT ORDINANCE (SAPPO):	Any city-approved specific area plan that is adopted by ordinance as a separate chapter in Garden City code.
START OF CONSTRUCTION:	Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE:	The state of Idaho.
STORY:	The space between two (2) adjacent floor levels, or between the floor and the roof level.
STREET:	A public or private right-of-way which provides vehicle and pedestrian access to adjacent parcels or uses. The term "street" also includes the terms "highway," "thoroughfare," "parkway," "road," "avenue," "boulevard," "lane," or "place."
	Street, Alley: A minor street providing secondary access at the back or side of a parcel otherwise abutting a street.
	Street, Arterial: A street designated on the comprehensive plan for the purpose of carrying fast and/or high volume traffic.
	Street, Collector: A street designated on the comprehensive plan for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
	Street, Cul-De-Sac: A street connected to another street at one (1) end only and provided with a turnaround space at its terminus.
	Street, Frontage: A minor street, parallel to and adjacent to an arterial street to provide access to abutting parcels.
	Street, Minor: A street which has the primary purpose of providing access to abutting parcels.
	Street, Private: A street that is not accepted for public use which provides vehicle and pedestrian access.
STRUCTURE:	Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. The term "structure" includes buildings, storage tanks, manufactured and mobile homes, walls and fences.
SUBSTANTIAL ALTERATION:	An adjustment to an approved application that impacts the use of the property, adjacent properties or a reduction of improvements.
SUBSTANTIAL DAMAGE:	Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of its market value before the damage occurred. "Substantial damage" also means flood-related damage sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each flood event, on average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred. Legal nonconforming structures in the SFHA are allowed to remain until such time as they have substantial damage or become a substantial improvement.
SUBSTANTIAL IMPROVEMENT:	Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of actual repair work performed. Legal nonconforming structures in the SFHA are allowed to remain until such time as they have substantial damage or become a substantial improvement. This term does not, however, include either:
	A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
	B. Any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure and the alteration is approved by variance.
SURVEYOR:	Any person who is licensed in the state as a public land surveyor to do professional surveying.
TRANSPORTATION AUTHORITY:	The jurisdiction having jurisdiction over the transportation facility. The transportation authorities in Garden City include Ada County Highway District, Idaho Transportation Department, Valley Regional Transit and Garden City.
USE:	The specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, INTENSIFICATION:	Any addition or change that adds more capacity, expands the operation or increases the physical size of an existing use.
UTILITIES:	Installations for conducting water, sewage, gas, electricity, telephone, television, storm, irrigation, and drainage water, and similar facilities providing service to and used by the public.
VARIANCE:	A modification of the requirements of the River Club SAP district code as allowed by section 8-6B-9 of this title and enabled by Idaho Code sections 67-6512 and 67-6516.
VEGETATIVE COVER:	Turf, grass blocks or other low-level ground cover which can be maintained with vehicles frequently driving or parking on the surface.
VEHICLE:	Every device in, upon or by which any person or property is or may be transported or drawn upon a public street or waterway. This includes boats, mobile homes, motor homes, trailers, motorcycles and bicycles unless otherwise stated.
VEHICLE, COMMERCIAL:	A vehicle, as defined by Idaho Code section 49-123, used for the transportation of persons or property by the owner of the vehicle for hire, compensation, or profit. A vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "commercial vehicle."
WALKWAY:	A public way, for pedestrian use only, whether or not along the side of a road.
WATER DEPENDENT:	A structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
WATERWAYS:	Streams and watercourses, including manmade waterways such as canals and irrigation ditches.
WETLANDS:	Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include saturated swamps, marshes, bogs and similar areas.
WORK SPACE:	An area for the production or sales of goods and services.
ZONE OF TRANSPARENCY:	The area on the ground floor of a building that is constructed of materials capable of emitting light so that images on the other side can be seen.

(Ord. 1043-24, 6-10-2024)

CHAPTER 8 ADOPTED SPECIFIC AREA PLAN PROJECT ORDINANCES

ARTICLE A. RESIDENCES AT RIVER CLUB

8-8A-1: GENERAL REGULATIONS:

8-8A-1A: PURPOSE, APPLICABILITY, AND INTERPRETATION:

8-8A-1A-1: TITLE:

8-8A-1A-2: PURPOSE:

8-8A-1A-3: COMPLIANCE WITH COMPREHENSIVE PLAN:

8-8A-1A-4: APPLICABILITY:

8-8A-1A-5: INTERPRETATION:

8-8A-1B: PROPERTY MAINTENANCE PROVISIONS:

8-8A-1B-1: PURPOSE:

8-8A-1B-2: APPLICABILITY:

8-8A-1B-3: PROPERTY MAINTENANCE STANDARDS:

8-8A-2: RIVER CLUB SAP DISTRICT REGULATIONS:

8-8A-2A: GENERAL PROVISIONS:

8-8A-2A-1: OFFICIAL ZONING MAP:

8-8A-2B: RIVER CLUB SAP DISTRICT PROVISIONS:

8-8A-2B-1: PURPOSE:

8-8A-2B-2: ALLOWED USES:

8-8A-2B-3: FORM STANDARDS:

8-8A-2C: LAND USE PROVISIONS:

8-8A-2C-1: PURPOSE:

8-8A-2C-2: ACCESSORY USE:

8-8A-2C-3: AMUSEMENT CENTER:

8-8A-2C-4: ARTIST STUDIO:

8-8A-2C-5: CLUB:

8-8A-2C-6: DAYCARE FACILITY:

8-8A-2C-7: DRINKING ESTABLISHMENT:

8-8A-2C-8: DWELLING UNIT, MULTIFAMILY:

8-8A-2C-9: FINANCIAL INSTITUTIONS:

8-8A-2C-10: FOOD PRODUCTS PROCESSING:

8-8A-2C-11: FOOD STORES:

8-8A-2C-12: HEALTH CLUB:

8-8A-2C-13: HOME OCCUPATIONS:

8-8A-2C-14: LAUNDROMAT, SELF-SERVICE CLEANING:

8-8A-2C-15: MOBILE SERVICE:

8-8A-2C-16: PERSONAL AND PROFESSIONAL SERVICES:

8-8A-2C-17: SMALL CELL FACILITY:

8-8A-2C-18: SPECIAL EVENT:

8-8A-2C-19: TEMPORARY USES:

8-8A-3: DESIGN AND DEVELOPMENT REGULATIONS:

8-8A-3A: GENERAL PROVISIONS:

8-8A-3A-1: PURPOSE:

8-8A-3A-2: APPLICABILITY:

8-8A-3A-3: FENCES AND WALLS:

8-8A-3A-4: OUTDOOR LIGHTING:

8-8A-3A-5: OUTDOOR SERVICE AND EQUIPMENT AREAS:

8-8A-3A-6: SELF-SERVICE USES:

8-8A-3A-7: STORM WATER SYSTEMS:

8-8A-3A-8: UTILITIES:

8-8A-3A-9: WATERWAYS:

8-8A-3B: DESIGN PROVISIONS FOR RESIDENTIAL STRUCTURES:

8-8A-3B-1: PURPOSE:

8-8A-3B-2: APPLICABILITY:

8-8A-3B-3: SINGLE-FAMILY DETACHED, SINGLE-FAMILY ATTACHED AND TOWNHOUSE RESIDENTIAL DWELLING UNITS:

8-8A-3B-4: MULTIFAMILY RESIDENTIAL DWELLING UNITS:

8-8A-3C: DESIGN PROVISIONS FOR NONRESIDENTIAL AND MIXED USE STRUCTURES:

8-8A-3C-1: PURPOSE:

8-8A-3C-2: APPLICABILITY:

8-8A-3C-3: GENERAL PROVISIONS FOR NONRESIDENTIAL AND MIXED USE DEVELOPMENT:

8-8A-3C-4: SPECIAL PROVISIONS FOR SPECIFIC NONRESIDENTIAL AND MIXED USE DEVELOPMENT:

8-8A-3C-5: PROHIBITIONS:

8-8A-3D: PARKING AND OFF-STREET LOADING PROVISIONS:

8-8A-3D-1: PURPOSE:

8-8A-3D-2: APPLICABILITY:

8-8A-3D-3: PARKING DESIGN AND IMPROVEMENT STANDARDS:

8-8A-3D-4: PARKING USE STANDARDS:

8-8A-3D-5: REQUIRED NUMBER OF OFF-STREET PARKING SPACES:

8-8A-3D-6: STANDARDS FOR ALTERNATIVES TO ON-SITE PARKING:

8-8A-3D-7: OFF-STREET LOADING STANDARDS:

8-8A-3E: TRANSPORTATION AND CONNECTIVITY PROVISIONS:

8-8A-3E-1: PURPOSE:

8-8A-3E-2: APPLICABILITY:

8-8A-3E-3: PUBLIC STREET CONNECTIONS:

8-8A-3E-4: INTERNAL CIRCULATION STANDARDS:

8-8A-3E-5: PRIVATE STREET STANDARDS:

8-8A-3E-6: SIDEWALK STANDARDS:

8-8A-3E-7: PEDESTRIAN AND BICYCLE ACCESSIBILITY STANDARDS:

8-8A-3E-8: TRANSIT FACILITIES:

8-8A-3F: SIGN PROVISIONS:

CHAPTER 8
ADOPTED SPECIFIC AREA PLAN PROJECT ORDINANCES