11-07-04: MURIO FARMS

   1.   General Provisions:

      A.   Murio Farms Specific Area Plan:

         (1)   Purpose of Specific Plan and Relationship to Municipal Code: This section sets forth the review procedures and relevant guidelines for development of all property within the Murio Farms Specific Plan boundary. Zoning within the Murio Farms Specific Plan boundary supersedes Chapter 11-04, Zoning Districts, of Boise City's Development Code. Other chapters within municipal code apply to property within the Murio Farms Specific Plan boundary unless expressly contradicted herein. If any provision of this section conflicts with any provision of the Code, the provisions of this section shall control.

         (2)   District Interpretation: The location, boundary, and relevant descriptions of the Murio Farms Specific Plan (SP04) are included within the Murio Farms Specific Plan document in the exhibit titled "Specific Plan District-Murio Farms, Boise City, Idaho." The standards, guidelines, and recommendations contained throughout this document pertain solely to areas within the identified Specific Plan District.

            (a)   Sub-Districts Established:

               i.   Residential Medium-Low Density (R-ML);

               ii.   Residential Medium Density (R-M);

               iii.   Residential Compact Medium-High Density (R-CMH);

               iv.   Residential Medium-High Density (R-MH);

               v.   Residential High Density (R-H);

               vi.   Mixed-Use High Density (MX-H);

               vii.   Mixed-Use Gateway (MX-G);

               viii.   Mixed-Use Neighborhood (MX-N);

               ix.   Open-Space Civic (O-C);

               x.   Open-Space Active Amenity Park (O-P);

               xi.   Open Space Community Park and Conservation (O-CC).

            (b)   Specific definitions of the Murio Farms Specific Plan Boundary shall be as follows:

               i.   A district boundary line located along a street, alley, or public right-of-way is located at the centerline of the subject street, alley, or public right-of-way.

               ii.   A district boundary line that appears to overlap with a lot line shall be interpreted as both a lot line and district boundary line.

               iii.   District boundary lines that cross unsubdivided parcels shall be located according to the boundary depicted on the aforementioned exhibit, "Specific Plan District-Murio Farms, Boise City, Idaho."

         (3)   Conformity Required:

            (a)   General: Except as otherwise provided herein, all land, buildings and premises in any Sub-District established herein shall be used only in accordance with the regulations established herein for that district. Development standards are outlined for each zone in Chapter 2 and Chapter 3 of the Murio Farms Specific Plan. Property throughout the Murio Farms Specific Plan boundary shall be maintained according to best practices and shall not be allowed to engender an unattractive appearance or become a public nuisance as defined by the Murio Farms Specific Plan, Boise City Development Code, and/or state code at any time.

            (b)   Zoning districts across the Murio Farms Specific Plan area are intended to safeguard responsible, consistent, and desirable development patterns and promote compatible uses. Zoning districts are described in additional detail in the community plans depicted in Chapter 2 of the Murio Farms Specific Plan. Zones established include:

               i.   Residential Medium-Low Density (R-ML): This zone is intended to provide predominantly residential uses on smaller-sized lots as well as supportive civic and community uses. Residential density averages 4-6 dwelling units/acre.

               ii.   Residential Medium Density (R-M): This zone is intended to provide a flexible mix of compact detached and attached residential uses on smaller-sized lots as well as supportive civic and community uses. Residential density averages 7-13 dwelling units/acre.

               iii.   Residential Compact Medium-High Density (R-CMH): This zone is intended to provide a flexible mix of compact detached and attached residential uses on smaller-sized lots as well as supportive civic and community uses. Residential density averages 14-16 dwelling units/acre.

               iv.   Residential Medium-High Density (R-MH): This zone is intended to provide a flexible mix of compact detached, attached, and multi-family housing as well as supportive civic, community and limited commercial uses. Residential density averages 16-26 dwelling units/acre.

               v.   Residential High Density (R-H): This zone is intended to provide predominantly residential development near retail and other concentrated uses, as well as supportive civic, community, and limited commercial uses. Residential density averages 32-44 dwelling units/acre.

               vi.   Mixed-Use High Density (MX-H): to be predominantly residential uses with opportunities for a mix of neighborhood-serving office, small-scale commercial, and institutional uses. It is intended to facilitate convenient, walkable access to these services while fostering pedestrian-oriented design through the creation of neighborhood centers. Residential density averages 32-44 dwelling units/acre.

               vii.   Mixed-Use Gateway (MX-G): This zone is intended to provide a mix of neighborhood-serving office, small-scale commercial, institutional, and residential uses appropriate to the gateways to Murio Farms. It is intended to facilitate convenient walkable access to these services while fostering pedestrian-oriented design through the creation of neighborhood centers. Residential density averages 16-26 dwelling units/acre.

               viii.   Mixed-Use Neighborhood (MX-N): This zone is intended to provide opportunities for a mix of neighborhood-serving office, small-scale commercial, institutional, and residential uses. It is intended to facilitate convenient, walkable access to these services while fostering pedestrian-oriented design through the creation of neighborhood centers. Residential density averages 22-30 dwelling units/acre.

               ix.   Open-Space Civic (O-C): This zone is intended to house public facilities such as emergency services, community centers, public schools, and libraries. There are no residential uses allowed in this zone.

               x.   Open-Space Active Amenity Park (O-P): This zone is to house active recreational facilities for community programming. There are no residential uses allowed in this zone.

               xi.   Open Space Community Park and Conservation (O-CC): This zone is intended to support managed land conservation efforts and protect sensitive environmental resources. Passive recreation may be allowed in these areas, but active community spaces (such as a highly structured, formal playground) are not allowed in this zone. There are no residential uses allowed in this zone.

         (4)   Design Review:

            (a)   Applicability: Any visible exterior improvements to a site, building or structure (including new facilities, remodeling, rehabilitation projects and expansion projects) within the Murio Farms Specific Plan boundary shall require submittal of a Design Review application and fee in accordance with Section 11-05-4.4A(2) of the City of Boise's Development Code, except where expressly modified herein.

            (b)   Murio Farms Review Board Review: Development applications within the Murio Farms Specific Plan boundary must be submitted to the Murio Farms Review Board prior to submission to the City for design review approval. The Murio Farms Review Board shall forward their decisions on to the City for their consideration for all projects.

            (c)   Murio Farms Review Board Composition and Administrative Processes: The Murio Farms Review Board shall include representative(s) from the Murgoitio family, their appointed design consultant(s), and at least one resident with a permanent address in an owner-occupied dwelling within the Murio Farms Specific Plan District. The Murio Farms Review Board shall render its decisions democratically by vote, with a simple majority providing a recommendation for approval or denial and communicating any supporting findings to facilitate the City's consideration of the application.

            (d)   Application Content: Any application within the Murio Farms Specific Plan District boundary to the City shall be accompanied by the information required by Section 11-05-5 and by the findings, conclusions and any conditions of approval issued by the Murio Farms Review Board.

            (e)   Level Of Review: The Planning Director shall determine whether an application shall be processed at the administrative level or Design Review Committee ("Committee") level; however, all applications for projects that have less than 5,000 square feet of gross building area and less than 20,000 square feet of site improvements shall be administratively reviewed by the Planning Director.

            (f)   Procedures: With due consideration to the decision of the Murio Farms Review Board, the Planning Director or Committee, as appropriate, shall review the application to determine whether the proposed application complies with the design review objectives, considerations and guidelines set forth in Section 11-05-05, Chapter 11-07, Development and Design Standards and the design criteria for the Murio Farms Specific Plan District as set forth in the Murio Farms Specific Plan. Upon making such determination, the Planning Director or Committee shall issue its findings of fact, conclusions of law and conditions of approval. Any action of the Planning Director or the Committee may be appealed pursuant to the appeal provisions of this Code.

         (5)   Administrative Provisions:

            (a)   Plat Approval Criteria: Development within the Murio Farms Specific Plan District shall be subject to the subdivision and other related provisions of the Boise City Code. Additionally, the City Council must find that each preliminary plat proposed and/or amended within the Murio Farms Specific Plan District substantially conforms to the adopted Murio Farms Specific Plan and complies with all applicable provisions of the Murio Farms Specific Plan Zoning Ordinance. Plats must still proceed through the normal hearing process with review by the Planning and Zoning Commission and City Council.

            (b)   Annexation Into SP04 District: Any property owner or authorized representative may seek to reclassify their property for inclusion within the Murio Farms Specific Plan District pursuant to Chapter 11-05. Annexation requests should be submitted to the Murio Farms Review Board for initial review. The Murio Farms Review Board shall provide a recommendation to include with the application to the City of Boise's relevant deciding body pursuant to Chapter 11-05 of the City of Boise's code.

            (c)   Amendments: Any property owner within the Murio Farms Specific Plan District may seek to amend the Murio Farms Specific Plan Zoning Ordinance or the Murio Farms Specific Plan pursuant to the Boise City Code provisions for zoning amendments. Amendments should be submitted to the Murio Farms Review board for initial review. The Murio Farms Review Board shall provide a recommendation to include with the application to the City of Boise's relevant deciding body pursuant to Chapter 11-05 of the City of Boise's code.

            (d)   Exceptions:

               i.   The Planning Director may grant exceptions to any setback, frontage, parking or height restriction up to 20 percent of the applicable limit and may grant exceptions to any use restrictions on a case-by-case basis.

               ii.   The Planning and Zoning Commission may grant exceptions to any setback, frontage, parking, or height restriction greater than 20 percent of the applicable limit.

               iii.   Any approval pursuant to this section shall be supported by each of the following findings:

                  (A)   The exception is consistent with the Murio Farms Specific Plan; and

                  (B)   The exception is justified based on unique circumstances of the proposed use or exceptional design features or the shape of the land.

                  (C)   The exception would not cause undue adverse impacts on any other property.

                  (D)   For any approval pursuant to subparagraph b, the exception meets the general conditional use criteria in the Boise City Zoning Ordinance.

               iv.   Applications pursuant to this section shall include such information as the Planning Director determines is necessary to make the applicable findings in subparagraph 11-07-04.1.A.(5)(d)iii(C).

               v.   The decision on any requested exception may be appealed pursuant to the appeal provisions of the Boise City Code.

            (e)   Periodic Review: The Planning Director may perform a review of the implementation of the Murio Farms Specific Plan not more frequently than every 1 year after approval of first final plat. The review may address any matters the Planning Director deems appropriate regarding the progress of the development, including but not limited to (a) the Transportation Management Association; (b) traffic impacts. Any modification of the Murio Farms Specific Plan Zoning Ordinance may only occur after coordinated review by the Murio Farms Specific Plan Applicant and the Planning Director and in compliance with the applicable Boise City Code sections for zoning amendments and Idaho Code Section 67-6511(d).

   2.   Use Regulations:

      A.   General:

         (1)   Purpose: The purpose of this subsection 11-07-04.2, Use Regulations, is to identify the land uses allowed in Murio Farm's zoning districts and establishes the standards that apply to those uses to mitigate potential impacts and support unique characteristics of the use in a particular location.

         (2)   Organization of the Table:

            (a)   In Table 11-07.10, Table of Allowed Uses, land uses and activities are classified into general "use categories" and specific "uses" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This provides a systematic basis for assigning present and future land uses into appropriate zoning districts and for avoiding overlaps and inconsistencies between similar land uses.

            (b)   The left-hand column of Table 11-07.10, Table of Allowed Uses, lists all use categories and uses available in Murio Farms. Columns in the center of the table correspond to each base zoning district in Murio Farms and indicate whether the use is allowed in that district. An asterisk whether Use-Specific Standards apply to that use in some or all of the zoning districts in which it is allowed.

         (3)   Abbreviations Used in the Table:

            (a)   Allowed Uses: An "A" in a cell indicates that the use is allowed by right and is not subject to Use-Specific Standards or other special conditions other than those imposed upon other uses by right in the district. Allowed uses are subject to all other applicable regulations of this Code. Allowed uses are generally reviewed by the Murio Farms Review Board.

            (b)   Allowed Subject to Use-Specific Standards: An "A*" in a cell indicates that the use is allowed by right, subject to administrative review to verify compliance with Use-Specific Standards. Use-Specific Standards may be cross-referenced according to subsection 11-07-04.2.C, Use-Specific Standards. Uses that are allowed subject to Use-Specific Standards are generally reviewed by the Murio Farms Review Board.

         (4)   Conditional Uses: A "C" or "C*"in a cell indicates that the use is allowed in that zoning district only if reviewed and approved as described in subsection 11-03-04.6, Conditional Use Permits. conditional uses are subject to all other applicable regulations of this Code, including the Use-Specific Standards in this Chapter and the requirements of section 11-07-04.3, Development and Design Standards. The "C" designation does not suggest or require that the use will be approved in that district. Rather, each Conditional Use Permit application is evaluated as to its potential to have a positive effect on adjacent properties and surrounding areas, among other factors, and may be approved, approved with conditions, or denied based on the findings of the decision-making body. Conditional uses are generally reviewed by the Murio Farms Review Board and then subject to the city of Boise's conditional use approval process outlined in Section 11-05-04.2 of the City of Boise's code.

            (a)   Prohibited Uses: A blank cell indicates that the use is prohibited in that zoning district.

            (b)   Symbols:

               i.   An "*" symbol next to an abbreviation indicates that the use shall comply with Use-Specific Standards. Use-Specific Standards are noted through a cross-reference in the last column of the table, and the cross-referenced content appears in subsection 11-07-04.2.C, Use-Specific Standards.

               ii.   A "+" symbol next to an abbreviation indicates that there are incentives available for that use within that zoning district. Incentives are cross-referenced in subsection 11-07-04.3.B, lncentives.

         (5)   Use for Other Purposes Prohibited:

            (a)   Approval of a use listed in Table 11-07.10, Table of Allowed Uses, and compliance with the applicable Use-Specific Standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 11-07.10, Table of Allowed Uses and approved pursuant to this Code is prohibited.

            (b)   Any use allowed as a principal use in a zoning district is allowed as an accessory use to an allowed or approved conditional use in that zoning district.

         (6)   Multiple Uses:

            (a)   A lot or parcel in a Residential zoning district may include only one principal use, but may also include any accessory or temporary uses as shown in 11-07.10, Table of Allowed Uses, provided that a Conditional Use Permit is obtained for any conditional accessory use, and that all Use-Specific Standards applicable to each use are met.

            (b)   A lot or parcel in a Mixed-Use, or Open Space zoning district may include multiple principal uses, including a combination of residential and nonresidential uses, provided that each use is either an allowed use or a conditional use in that zoning district, that a Conditional Use Permit is obtained for any conditional use, and that all Use-Specific Standards applicable to each use are met.

         (7)   Classification of New and Unlisted Uses:

            (a)   In order to provide for new types of land uses not listed in 11-07.10, Table of Allowed Uses, a determination as to the appropriate classification of any new or unlisted form of land use shall be made by the Murio Farms Review Board and the Planning Director. When an application is made for a use category or use that is not specifically listed in 11-07.10, Table of Allowed Uses, the Murio Farms Review Board and the Planning Director shall provide an interpretation as to the zoning classification into which such use should be placed. In making such an interpretation, the Murio Farms Review Board shall provide initial review of the application and make a recommendation to the Planning Director for the final decision. The Planning Director shall consider the Murio Farms Review Board's recommendation, as well as the application's potential land use impacts, including but not limited to:

               i.   The nature of the use and whether it involves a dwelling unit;

               ii.   Sales;

               iii.   Processing;

               iv.   Type of product, storage and amount, and nature thereof;

               v.   Enclosed or open storage;

               vi.   Anticipated employment;

               vii.   Transportation requirements;

               viii.   Hours of operation;

               ix.   Intensity of the proposed use;

               x.   The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and

               xi.   General requirements for public utilities such as water and sanitary sewer.

            (b)   If the Murio Farms Review Board and the Planning Director determines that proposed use should not be included in any existing zoning classification, based on the factors listed in Subsection A, the use shall not be conducted in the city unless and until City Council amends this Code to define the use and to indicate in which zoning districts, and under what conditions, it should be allowed.

         (8)   All Licenses and Permits Required:

            (a)   All uses required by any unit of local, state, or federal government to have an approval, license, or permit to operate are required to have that local, state, or federal approval, license, or permit in effect at all times, and failure to do so is a violation of this Code.

            (b)   All uses subject to the operational standards of a local, state, or federal government agency, including without limitation the regulations contained in the Boise City Code and regulations of the Idaho Department of Health and Welfare, shall operate in compliance with those standards and regulations at all times, and failure to do so is a violation of this Code.

         (9)   Industrial and Heavy Commercial Uses: All allowed uses that generate, use, treat, store, or dispose of hazardous substances (as set forth in Title 40, Code of Federal Regulations, Parts 116.4, 261.30 et seq., 302.4 and/or 355), shall require a Conditional Use Permit.

      B.   Table of Allowed Uses: The table below lists the uses allowed within all base zoning districts. Each of the listed uses is defined in subsection 11-07-04.4, Definitions, and in Chapter 11 of the City of Boise's development code.

      C.   Use-Specific Standards:

         (1)   Cross-References: The Use-Specific Standards identified in subsection 11-07.10, Table of Allowed Uses regardless of whether those uses are shown as allowed, conditional, accessory, or temporary uses, may be cross referenced to Chapter 11 of the City of Boise's code. These Use-Specific Standards cannot be modified through the Conditional Use Permit process in the City of Boise's Code Section 11-05-05.3.L, but relief may be granted through the Variance process in the City of Boise's Code Section 11-05-05.3.L.

         (2)   Resolution of Conflicting Standards: In the event of a conflict between the use-specific standards in the Murio Farms Specific Plan, Chapter 11 of the City of Boise's development code and other guidelines provided by agencies having jurisdiction in the area where the property is located, the provision requiring the higher level of visual building quality and interest, as determined by the Planning Director, shall apply.

   3.   Development and Design Standards:

      A.   General:

         (1)   Purpose: The purpose of this subsection 11-07-04.3, Development and Design Standards is to provide standards for developing property or establishing new uses of property within Murio Farms to ensure the protection of the health, welfare, safety, and quality of life for local citizens, visitors, and business owners. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the vision and goals of the Specific Area Plan.

         (2)   Applicability:

            (a)   General: The requirements of this 11-07-04.3 shall apply to all development within the Murio Farms Specific Area Plan Boundary as defined in subsection 11-07-04.1. Development and design standards are described in Chapters 2 and 3 of the Murio Farms Specific Plan. Additionally, section 11-04-03 of Boise City Code, Lot and Building Forms and Dimensions shall guide use-specific development and design standards. In the event of a conflict between Murio Farms Specific Plan guidelines and those outlined in Chapter 11 of City of Boise Code, the Murio Farms Specific Plan guidelines shall prevail unless otherwise determined by the Planning Director or his or her designee to lead to improved level of visual quality and interest.

            (b)   City Zoning Equivalency: Table 11-07.11, City Zoning Equivalency provides a zoning equivalency reference between Murio Farms' zoning districts and the City of Boise's zoning districts. Standards and guidelines not clarified in the Murio Farms Specific Plan Zoning Code or Murio Farms Specific Plan may be cross referenced to the equivalent zoning district in the City of Boise's development code.

      B.   Incentives:

         (1)   Incentives: The purpose of this subsection 11-07-04.3B, Incentives is to encourage an increased supply of healthy, diverse, affordable, and sustainable housing that will efficiently use the existing infrastructure.

         (2)   Approval Procedure: The approval procedures for projects earning one or more of the incentives shall be those otherwise applicable under the Murio Farms Code unless this Section specifically modifies the procedure to allow an administrative approval. Any conditions attached to a project approval shall not reduce or modify the housing incentives for which the project qualifies under this Section.

         (3)   Nonconforming Uses and Structures: The housing incentives created by this Section shall be available regardless of whether the existing use of the property is a conforming use and regardless of whether any existing structures on the property are conforming structures. All structures shall be required to meet the applicable building codes.

         (4)   Incentives Available:

            (a)   In the R-ML and R-M Zoning Districts: Except as described in Subsection ii. below, in the R-ML and R-M, zoning districts, a Triplex or Fourplex Dwelling or a Single-Family Attached Dwelling containing up to four dwelling units is not subject to the base zoning district density limit if it complies with all applicable Use-Specific Standards in subsection 11-07-04.2.C. and also complies with all of the following standards for affordability and sustainability/resilience.

               i.   Affordability: At least one of the three permitted units in a Triplex Dwelling, or in a three-unit Single-Family Attached Dwelling, or at least two of the permitted four units in a Fourplex Dwelling, or in a four unit Single-Family Attached Dwelling, shall be income-restricted to remain affordable to households earning not more than 80 percent of the Area Median Income for the Boise area if the dwelling unit(s) is a rental unit; or affordable to households earning no more than 120 percent of the Area Median Income if the dwelling unit(s) is a for-sale property, for a period of at least 50 years.

               ii.   Sustainability/Resilience: In addition to satisfying the criteria in Subsection (a) above, the project shall satisfy all of the following criteria for sustainable and resilient development:

                  (A)   Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units;

                  (B)   Energy Saving: The building shall either:

                     I.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or

                     II.   Must meet the adopted Green Building Code, whichever achieves the greater energy savings; and

                  (C)   Water Saving: The building shall consume at least 15 percent less water than would be consumed if the building met all water conservation standards applicable to similar development.

            (b)   In the R-CMH and R-MH Districts: In the R-CMH and R-MH zoning districts, a project containing between three to 12 primary or Accessory Dwelling Units permitted by Table of Allowed Uses is not subject to the base zoning district density limits if it complies with all applicable Use-Specific Standards in subsection 11-07-04.2.C. and also complies with all of the following standards for applicability and affordability. Projects that contain five or more dwelling units shall also receive a 50 percent reduction in minimum required off-street parking. If a project meets the requirements of both this Subsection (b) and Subsection (a) above, the requirements and incentives in this Subsection (b) shall apply.

               i.   Standards: The project shall satisfy all the following criteria:

                  (A)   Location:

                     I.   The project site shall be located entirely within 300 feet of a collector or minor arterial roadway (as determined by the Ada County Highway District Master Street Map) or within one fourth of a mile of a property in a mixed-use zone; and

                     II.   Have a minimum of 55 feet of street frontage.

                  (B)   Lot Characteristics: The project site shall be:

                     I.   A vacant lot;

                     II.   A lot where the improvement/structure value as assessed by the Ada County Tax Assessor for the most recent year is no greater than 25 percent of the total assessed value of the property; or

                     III.   A lot on which an existing structure will be incorporated into the project design.

                  (C)   No Recent Demolitions: The project site shall not include any property for which the City approved a demolition permit for a primary structure within the previous three years.

                  (D)   Parking, Visibility and Access:

                     I.   Any surface parking lot or garage shall be located to the rear of the structure(s).

                     II.   Any surface parking lot or parking garage shall be accessed from an alley if an alley is present or shall have only one access point if an alley is not present.

               ii.   Affordability: Projects shall comply with all the following affordability standards, as applicable to the size of the project.

                  (A)   Projects with Three or Four Dwelling Units: No affordability requirements.

                  (B)   Projects with Five to Eight Dwelling Units: At least one of the units shall be income-restricted to an affordable household earning not more than 80 percent of the Area Median Income for the Boise area, if the dwelling unit is a rental unit; or affordable to a household earning no more than 120 percent of the Area Median Income, if the dwelling unit is a for-sale property, for a period of at least 50 years.

                  (C)   Projects with Nine to Twelve Dwelling Units: At least two of the units shall be income-restricted to affordable households earning not more than 80 percent of the Area Median Income for the Boise area, if the dwelling units are rental units, or affordable to households earning no more than 120 percent of the Area Median Income, if the dwelling units are a for-sale property, for a period of at least 50 years.

            (c)   In the R-H, MX-H, MX-N, and MX-G District: In the R-H, MX-H, MX-N, and MX-G districts, a Multifamily Dwelling receives a 50 percent reduction in minimum required off-street parking and is not subject to the base zoning district density limits if it complies with all applicable Use-Specific Standards in subsection 11-07-04.2C and also complies with all of the following standards for applicability and affordability if it complies with the applicable Use-Specific Standards in subsection 11-07-04.2.C. and also complies with all of the following standards for affordability and sustainability/resilience:

               i.   Affordability: At least 25 percent of all permitted dwelling units shall be rental units that are income-restricted to households earning not more than 60 percent of Area Median Income for a term of at least 50 years, and at least 25 percent of the income-restricted units must contain two or more bedrooms.

               ii.   Sustainability/Resilience: In addition to satisfying the criteria in Subsection (a) above, the project shall satisfy all of the following criteria for sustainable and resilient development:

                  (A)   Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units;

                  (B)   Energy Saving: The building shall:

                     I.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or

                     II.   Must meet the adopted Green Building Code, whichever achieves the greater energy savings; and

                  (C)   Water Saving: The building shall consume at least 15 percent less water than would be consumed if the building met all applicable water conservation standards applicable to similar development.

      C.   Subdivision Standards:

         (1)   Purpose: The purpose of this subsection 11-07-04.3.C., Subdivision Standards is to promote the public health, safety, and general welfare of present and future residents by ensuring that the subdivision of land results in:

            (a)   Patterns of lots, blocks, streets, open space, and sites for public facilities that are consistent with the Murio Farms Design Guidelines;

            (b)   New developable lots having thorough and efficient networks of pedestrian, bicycle, and vehicular access and networks of utilities that are efficient and cost-effective to maintain;

            (c)   Systems of open space and stormwater drainage, and other natural areas that connect with and complement similar areas on adjacent lots where possible;

            (d)   Improved energy efficiency;

            (e)   Avoidance of development on lands such as water bodies, floodways, landslides and fault zones, steep slopes, unstable soils, and wildlife and habitat areas where possible; and

            (f)   Prevention of noise-sensitive land uses or other uses that would conflict with operations of the airport.

         (2)   Applicability: This Section 11-07-04.3.C applies to all land divisions within the Murio Farms Specific Plan boundary, unless another provision of the City of Boise's Code, including but not limited to, 11-05-05-4.G, Subdivision Plat-Preliminary or 11-05-05.4G, Subdivision Plat - Final, provide a different standard or requirement.

         (3)   Subdivision of Land:

            (a)   Process: All divisions of land into parcels of one or more lots or tracts for development within the Murio Farms Specific Area Plan Boundary shall be required to complete the Subdivision of Land process as outlined in the Section 11-05-05.4.F (Subdivision Plat - Preliminary) and Section 11-05-05.4G (Subdivision Plat - Final) of the City of Boise's Code. Land within the Murio Farms Specific Area Plan boundary is not eligible to subdivide through a Minor Land Division process as defined by the City of Boise's Code.

      D.   Access and Connectivity:

         (1)   Purpose: The purpose of this subsection 11-07-04.3.D, Access and Connectivity is to reduce vehicle miles traveled and related greenhouse gas emissions by encouraging walking, cycling, and transit by integrating sidewalks and bicycle routes in new development and redevelopment of lands within the Murio Farms Specific Area Boundary to provide shorter and more direct routes within the community and adjacent development.

         (2)   Applicability:

            (a)   General: Unless otherwise stated in the Murio Farms Code, all development of vacant land, all construction of new structures, and all modification of existing structures shall comply with the standards of the Murio Farms Specific Plan, Chapter 11 of the City of Boise's development code, and Ada County Highway District policy, if applicable.

         (3)   Compliance with Design Standards: In the event of a conflict between the standards in the Murio Farms Specific Plan, this subsection 11-07-04.3.D and applicable standards from agencies having jurisdiction, the provision requiring the higher level of safety and visual building quality and interest, as determined by the Murio Farms Review Board and Planning Director, shall apply.

      E.   Parking and Loading:

         (1)   Purpose: The purpose of this subsection 11-07-04.3.E., Access and Connectivity is to establish standards for vehicle and bicycle parking, on-site circulation, loading areas, and parking lot design to help protect the public health, safety, and general welfare by:

            (a)   Providing necessary access for service and emergency vehicles;

            (b)   Providing for safe and convenient interactions between motor vehicles, bicycles, and pedestrians;

            (c)   Encouraging active transportation options and enhanced pedestrian safety;

            (d)   Encouraging emission free vehicles;

            (e)   Providing flexibility to respond to the transportation, access, and loading impacts of various land uses in different areas of the city;

            (f)   Reducing stormwater runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution;

            (g)   Mitigating traffic congestion;

            (h)   Avoiding overflow parking from mixed-use and nonresidential land uses in Residential zoning districts; and

            (i)   Mitigating the visual impact of large concentrations of exposed parking.

         (2)   Applicability: Unless otherwise stated in Murio Farms Code, the standards from Chapter 11 of the Boise City Development Code shall apply to all uses in all zoning districts.

         (3)   Exceptions: Structured parking facilities shall be exempt from maximum parking limits.

         (4)   Compliance with Design Standards:

            (a)   In addition to the standards required by this subsection 11-07-04.3.E., all multiple-family, mixed-use, and nonresidential development, including but not limited to Parking Garages shall comply with the standards and other mandatory content in the Murio Farms Specific Plan and other guidelines provided by agencies having jurisdiction in the area where the property is located.

            (b)   In the event of a conflict between the standards in this subsection 11-07-04.3.E., the Murio Farms Specific Plan, and other guidelines provided by agencies having jurisdiction in the area where the property is located, the provision requiring the higher level of visual building quality and interest, as determined by the Planning Director, shall apply.

      F.   Landscaping, Fencing, Walls, and Screening:

         (1)   Purpose: The purpose of this subsection 11-07-04.3.F., Landscaping, Fencing, Walls, and Screening is to establish requirements for the design, installation, and maintenance of landscapes that:

            (a)   Contribute ecologically and aesthetically to the growth and economic prosperity of the City;

            (b)   Improve pedestrian comfort;

            (c)   Reduce the heat island effect;

            (d)   Promote the expansion of the tree canopy;

            (e)   Adequately screen the visibility of less desirable uses and functions;

            (f)   Achieve healthy, attractive, and safe environments based on recognized design and urban forestry principles;

            (g)   Encourage water conservation;

            (h)   Integrate storm water management features;

            (i)   Preserve native vegetation and encourage appropriate use of native landscape materials;

            (j)   Minimize runoff of polluted water;

            (k)   Reduce adverse impacts to wildlife; and

            (l)   Conserve, protect and promote the natural identity and environment of the City.

         (2)   Applicability: Unless otherwise stated in Murio Farms Code, Chapter 3 of Murio Farms Specific Plan, the standards from Chapter 11 of Boise City Development Code shall apply to all uses in all zoning districts.

            (a)   Development:

               i.   All new development involving the construction of new multiple-family, mixed-use and nonresidential buildings.

               ii.   The expansion and alteration of the gross floor area of an existing multiple-family, mixed-use or nonresidential building by 50 percent or more.

            (b)   Change of Use:

               i.   Any change of use to a property that never complied or no longer complies with the zoning requirements in existence at the time of the use was approved or began operation.

            (c)   Existing Parking Lots:

               i.   When existing parking lots are re-striped or a new coat is applied to the surfacing, the applicant shall replace and repair the existing landscaping to the standards that applied at the time the related building was constructed or the related use began operations.

               ii.   When the area of an existing parking lot is replaced or is expanded up to 25 percent, the applicant shall replace and repair the existing landscaping to the standards that applied at the time the related building was constructed or the related use began operations and shall install parking lot perimeter landscaping that complies with Section 11-04-09 of City of Boise's Development Code.

               iii.   When the area of an existing parking lot is expanded by 26 percent or more, the applicant shall comply with all standards in this subsection 11-07-04.3.F., regarding parking lot landscaping.

         (3)   General Landscaping Standards:

            (a)   Landscape Plan Required: A landscape plan is required for all activities subject to this subsection 11-07-04.3F., regardless of whether the application is for a Zoning Certificate, Conditional Use Permit, Variance, or Project Design Review.

            (b)   Site Area Landscaping:

               i.   Any part of a site not used for buildings, parking, driveways, walkways, utilities, or approved storage areas shall be retained in a natural state, reclaimed to its natural state, or landscaped pursuant to the standards in this subsection 11-07-04.3.F.

               ii.   Plants, walls, fences, buffering, and screening, located on adjacent properties do not satisfy landscape requirements for the subject property. All required landscaping shall be located on the property required to provide it pursuant to this subsection 11-07-04.3.F.

               iii.   If the location of any utility facility, utility easement, or service area required by adopted City or utility provider standards prevents the location of trees, shrubs, or other landscaping in locations required by this section 11-07-04.3.F., the applicant shall be required to install equivalent numbers of trees, shrubs, or landscaping in other landscaped areas of the site.

            (c)   Landscape Material Standards:

               i.   Approved Plant Materials:

                  (A)   The latest edition of the Treasure Valley Tree Selection Guide, or any successor publication as determined by the Director of Parks and Recreation, is hereby adopted as the list of approved and recommended trees for on-site planting.

                  (B)   Plant selection, establishment, and maintenance for storm water facilities shall comply with the species selection identified in Chapter 3 of the Murio Farms Specific Plan to the maximum extent practicable.

                  (C)   New plant varieties are being produced every year and other species not listed in the above publications or species which are more disease resistant, pest resistant, or drought tolerant may also be considered.

               ii.   Prohibited Plant Materials: The plants listed as Trees Not Permitted for Rights-of-Way Property Planting in the Treasure Valley Tree Selection Guide are prohibited from being planted along any street or within any parking lot subject to this Section 11-07-04.3.F.

               iii.   Minimum Plant Sizes:

 

               iv.   Species Diversity:

                  (A)   Trees: When five or more trees are to be planted to meet the requirements of any portion of this Section, a mix of species shall be provided as shown in Table 11-07.13: below:

 

                  (B)   Other Plant Materials:

                     1.   To improve pollinator habitat, at least 25 percent of planted areas shall include native flowering and nectar producing plant species.

                     2.   Where shrubs are required to be planted, up to 25 percent of the total number of required shrubs may be substituted with flowering perennials, grasses, or ferns.

                  (C)   Non-Vegetative Materials:

                     1.   Non-vegetative materials, such as decorative rock, bark, and perma-bark, shall not count toward the minimum landscape requirement.

                     2.   The use of bark or other loose material shall be designed or located to keep the bark from being blown out of the planting area.

                     3.   Non-vegetative material, including but not limited to mulch and rock, may only be used to augment the landscape or around the base of shrub groupings or flower beds, and shall not constitute the only ground cover in more than 20 percent of any area required to be landscaped.

                  (D)   Mulch:

                     1.   Organic mulch such as bark or soil aid shall be applied to all planting areas, except that rock mulch may be permitted as part of the approved landscape plan.

                     2.   Planting areas using rock mulch shall have 50 percent of the ground surface covered by vegetation at plant maturity.

                     3.   Natural colors shall be used and patterning of the materials is prohibited.

                     4.   Use of mulch as the only ground cover in required planting areas is prohibited.

                     5.   Impermeable plastic weed barrier under the mulch is prohibited.

            (d)   Water Efficiency and Xeriscaping Standards: The landscape plan shall provide for water efficient landscaping as outlined in the Murio Farms Specific Area Plan and as follows in sections (e), (f), (g), (h), and (i) below.

            (e)   Non-Potable Surface Water: To the maximum extent practicable, all requirements for landscape irrigation for all forms of development and redevelopment shall be met through the use of non-potable surface water available on the property.

            (f)   Xeriscaping: In addition to those standards in Subsections (3) through (5), below, the following principles shall apply to all required landscaped areas:

               i.   Design required landscaping to address the physical site characteristics of the property, the needs of those using the property and the best water-conserving methods.

               ii.   Use mulches and water retaining soils to reduce evaporation, discourage weed growth and keep the soil cool.

            (g)   Lawn Areas:

               i.   Lawn areas shall be a drought-tolerant and/or adaptive sod or seed mix that is appropriate to the natural conditions found at the site.

               ii.   Lawn areas larger than 15,000 square feet shall have soil moisture sensors that are properly installed and adjusted.

               iii.   Turf areas that require regular mowing or maintenance, such as Kentucky Bluegrass:

                  (A)   Shall not exceed 33 percent of the landscaped area on a site; and

                  (B)   Shall not be used in median strips, parking strips, or other difficult areas to irrigate less than six feet in width.

               iv.   In all zoning districts, turf areas that are not accessible for public use, which do not provide recreational value, and that are used solely for decorative purposes, are prohibited. This prohibition includes but is not limited to the installation of turf in roadway medians, traffic circles and roundabouts, street frontage areas located between detached sidewalks and curbs, and within parking lot landscaped islands or swales. Low ground cover alternatives shall be used to the maximum extent practicable.

            (h)   Plant Selection and Location:

               i.   Plants shall be placed based on adaptability to regional and micro climatic conditions, including shade, sun, and wind.

               ii.   Plants having similar water needs shall be grouped together in distinct hydrozones and spaced to minimize watering needs while maximizing growth and spread of plants.

               iii.   Native and other low-water-use plants shall be installed to the maximum extent practicable.

               iv.   Invasive, destructive, and exotic plants shall not be installed.

            (i)   Water Features: Water features such as fountains, waterfalls and ponds shall comply with the following standards:

               i.   The water used shall be recycled through the feature;

               ii.   The feature shall be designed to prevent leakage;

               iii.   Provisions for continued maintenance of the feature shall be identified in a narrative that accompanies the landscape plan; and

               iv.   Evidence of the right to use the water for this purpose is required when the water will be obtained from an irrigation ditch or a well.

         (4)   Alternative Compliance:

            (a)   Purpose: The purpose of this Section, Alternative Compliance is to provide for alternative means to meet the intended purposes of the landscaping requirements in this subsection 11-07-04.3.F. when explicit compliance is not practicable or the alternative means are superior to what is required.

            (b)   Process:

               i.   General: The applicant shall request Alternative Compliance in conjunction with the submittal of a Zoning Certificate, Conditional Use Permit, or Design Review application, or upon the determination that the development does not comply with the specific provisions of this subsection 11-07-04.3.F., at the applicant's option. The request will be considered by the same approval body as the base application. The request shall specify:

                  (A)   The specific requirements that are proposed to be modified;

                  (B)   The reasons for the modification; and

                  (C)   A demonstration of how the alternative means for compliance meets the requirements' intended purpose.

               ii.   Stormwater Swales: Stormwater swales within front setbacks can be approved administratively provided that the landscape plans approved by the applicable approval body are not changed substantially and comply with Chapter 11 of the City of Boise's development code. A landscape plan with swale construction details that incorporates the landscape design shall be submitted for the staff level review.

               iii.   Standard: The proposed alternative means for compliance with the specific requirements shall demonstrate that the alternative provides an equal or superior means of meeting the intent and purpose of the regulation.

               iv.   Required Findings: An application for Alternative Compliance may be approved if the Planning Director determines that:

                  (A)   Strict adherence or application of the requirements is not practicable because one of the following conditions exist:

                     1.   Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;

                     2.   The site involves space limitations or an unusually shaped lot;

                     3.   Safety considerations;

                     4.   Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this Section;

                     5.   The proposed design includes innovative design features based on "new urbanism," "neotraditional design," or other site designs that promote walkable and mixed-use neighborhoods; or

                     6.   Environmental quality benefits.

                  (B)   The Alternative Compliance provides an equal or superior means for meeting the requirements; and

                  (C)   The alternative means will not be detrimental to the public welfare or adversely affect the uses and character of surrounding properties.

      G.   Exterior Lighting:

         (1)   Purpose: The purpose of this subsection 11-07-04.3.G., Exterior Lighting is to provide for exterior lighting to enhance safety, minimize light trespass from developed areas, reduce sky-glow, improve nighttime visibility through glare reduction, encourage lighting techniques and systems that conserve energy, reduce the adverse effects light can have to wildlife behavior and reproduction, and reduce development impact on nighttime environments.

         (2)   Applicability: All outdoor lighting in all zoning districts shall comply with the standards in Chapter 3 of the Murio Farms Specific Plan and Chapter 11 of the City of Boise's development code unless specifically exempted by the conditions listed in subsections (a) through (f) described below or by another provision of Murio Farms Code or ACHD's Street Lighting Standards, if applicable.

      The following are exempt from this subsection 11-07-04.3.G.:

            (a)   Luminaires with lamps of 100 watts or less in Residential zoning districts;

            (b)   Emergency lighting used by police, fire fighting, or medical personnel, or at their direction;

            (c)   Traffic control devices and luminaires on these devices installed by ACHD or the City of Boise;

            (d)   Navigational lighting systems at airports and other lighting necessary for aircraft safety;

            (e)   Holiday lighting and seasonal decorations using typical unshielded low-intensity incandescent lamps; and

            (f)   Lighting for temporary festival, carnivals, or other amusements lasting less than 14 consecutive days, provided the lighting is turned off within 30 minutes after the last event of each day.

      H.   Signs:

         (1)   Purpose: The purpose of this subsection 11-07-04.3.H., Signs, is to:

            (a)   Protect the health, safety, property, and welfare of the public;

            (b)   Provide for the neat, clean, orderly, and attractive appearance of the community;

            (c)   Improve the effectiveness of signs;

            (d)   Provide for safe construction, location, erection, and maintenance of signs;

            (e)   Minimize adverse visual safety factors to the traveling public; and

            (f)   Comply with all applicable provisions of state and federal law regarding freedom of speech and sign content neutrality.

         (2)   Applicability: All signs and advertising devices within the Murio Farms Specific Area boundary shall be established, altered, changed, erected, constructed, reconstructed, moved, divided, enlarged, demolished, or maintained in compliance with this subsection 11-07-04.3.H.

            (a)   This Section shall be interpreted and enforced so as to avoid violation or inconsistency with applicable state or federal law.

         (3)   Prohibited Signs: The following signs are prohibited in all zoning districts, unless specifically permitted by another provision of this subsection 11-07-04.3.H., Murio Farms Code, or other City, state, or federal law.

            (a)   Signs or posters that are visible from a public way and are affixed to walls, buildings, trees, poles, fences, bridges, or other structures;

            (b)   Signs placed on any street right-of-way, sidewalk, pole, bridge, or tree; such signs may be deemed nuisances and removed by the City or ACHD without prior notice;

            (c)   Banners, pennants, strings of lights, ribbons, streamers, balloons, mechanically aided, or similar devices that call attention rather than contribute to the establishment decor;

            (d)   Portable signs except those allowed as temporary signs and those allowed in mixed-use districts.

            (e)   Signs whose lighting, location or appearance would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings;

            (f)   Any sign attached to or placed on a vehicle or trailer that is parked on public or private property or driven on public streets, except for signs that comply with the following standards:

               i.   The primary purpose of such a vehicle or trailer is not the display of signs; and

               ii.   The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment; and

               iii.   The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets, and actively used or available for use in the daily function of the establishment to which such signs relate;

            (g)   Roof signs;

            (h)   Animated signs;

            (i)   Strobe lights and flashing lights;

            (j)   Any sort of sign used to advertise or display any visually communicated message by letter or by picture, of any kind, on any seating bench, or in direct connection with any bench unless authorized by the regional public transportation system authority as permitted from the Planning Director; and

            (k)   Abandoned signs, including but not limited to any on-premises sign that relates to an establishment that no longer occupies or operates on the property where the sign is located.

         (4)   Signs Not Requiring a Permit: The following shall be exempt from requirement to obtain a Sign Permit under the procedures outlined in Chapter 11 of the City of Boise's development code, or shall be required to comply with other applicable provisions of this subsection 11-07-04.3.H., unless an exception or deviation from those standards is authorized by other provisions of Murio Farms Code or other City, state, or federal law.

            (a)   General Signs:

               i.   Official notices authorized by a court, public body, or public safety official.

               ii.   Directional, warning or information signs authorized by a government.

               iii.   Memorial plaques, establishment identification signs and building cornerstones when cut or carved into a masonry surface or when made an integral part of the building or structure.

               iv.   The flag of government or noncommercial institution, such as a school.

               v.   Religious symbols and seasonal decorations.

               vi.   Works of art containing no form of advertising.

               vii.   Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed 6 square feet in area.

               viii.   Signs oriented only to the property on which they are located and that are not visible from the public right-of-way, such as restaurant menu boards.

               ix.   Signs in the display windows of an establishment that are incorporated in a display of merchandise.

               x.   "No Trespassing," "No Dumping" or similar signs not to exceed one and one-half square feet in area and not exceeding four per parcel.

               xi.   Window signs that maintain 25 percent or less aggregate area of the window area.

               xii.   Political signs that are not placed in any public right-of-way and do not obstruct traffic visibility.

               xiii.   Neighborhood identification and wayfinding signage approved as a community program.

         (5)   Temporary Signs:

            (a)   Non-illuminated real estate signs that comply with the following standards:

               i.   One per residential parcel.

               ii.   One per frontage for nonresidential.

               iii.   Six square feet for a single residential lot.

               iv.   Thirty two square feet in Residential and Open Land zoning districts.

               v.   Sixty four square feet in Mixed-Use zoning districts.

            (b)   Non-illuminated signs temporarily erected during construction to inform the public of the nature of the project that comply with the following standards:

               i.   One per residential parcel.

               ii.   One per frontage for nonresidential parcel.

               iii.   Six square feet for a single residential lot.

               iv.   64 square feet in Residential and Open Land zoning districts.

               v.   96 square feet in Mixed-Use zoning districts.

               vi.   Eight square feet maximum height.

            Such signs shall not be displayed until after the issuance of construction permits and shall be removed not later than 24 hours following issuance of an occupancy permit for any portion of the project.

            (c)   Signs and posters advertising a special community event, including in or over public rights-of-way, subject to approval by the Planning Director as to the size, location, and method of erection based on considerations of pedestrian, bicycle, and vehicle safety and impacts on surrounding areas. Signs that might impair safety or obstruct traffic visibility shall not be approved.

         (6)   Signs Requiring a Permit: Unless specifically exempted by Subsection (4) above or other provision of Murio Farms Code or other City, state, or federal law, each erection or installation of a sign in the Murio Farms Specific Area Plan boundary shall require the approval of a Sign Permit pursuant to Chapter 11 of the City of Boise's development code as applicable. Sign Permits are not required for change of copy, repainting, or other normal maintenance and repair, provided there is no expansion of the sign structure or face.

            (a)   General Sign Standards:

               i.   Sign Measurement:

                  (A)   Sign Height: The distance from the adjacent ground supporting the sign to the highest point of the sign. A landscape berm or other structure erected to support the sign shall be measured as part of the height. If the street to which the sign is oriented is higher than the grade at the base of the sign, then the street elevation shall be used as the ground elevation for purposes of calculating the permitted height of the sign.

               ii.   Sign Area:

                  (A)   Sign area is calculated as the area within a continuous perimeter with up to eight straight sides that encloses the limits of text and graphics of a sign. Additionally, this area includes any frame or other material or color forming an integral part of the display or used to differentiate the sign's message from the background against which it is placed. The area excludes the structure upon which the sign is placed. The area excludes the structure upon which the sign is placed (unless the structure is an integral part of the display), but includes any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not.

                  (B)   When computing the area of sign background, only the face or faces that can be seen from one direction at one time, shall be considered.

               iii.   Design:

                  (A)    Pole support structures shall be covered with an enclosure.

                  (B)    Signs shall complement the architectural style of the building.

               iv.    Traffic Visibility:

                  (A)    Signs shall not be permitted in the clear vision triangle as defined in Murio Farms Code and ACHD.

                  (B)   Signs shall not be erected at any intersection or driveway entrance location that will obstruct the view of traffic, as determined by the Planning Director, ACHD, or the Idaho Transportation Department.

               v.   Adjacent to Residential Zones: Signs in Mixed-Use or Open Land zoning districts shall not be located within 50 feet of a Residential zoning district boundary. Where a zoning district boundary is the centerline of the street, the distance shall be measured to the opposite street side.

               vi.   Street Trees: Trees shall not be topped or removed to facilitate better view of signs.

               vii.   Maintenance and Repair: Signs shall be maintained in accordance with the standards set forth in Chapter ll of the City of Boise's development code.

         (7)   On-Premise Signs:

            (a)   Accessory On-Premise Signs:

               i.   Awning Sign:

                  (A)   Applicability: Awning signs are prohibited in the Residential zoning districts (excluding the R-H zoning district) and Open Land zoning districts.

                  (B)   Standards: The copy area of awning signs shall not exceed an area equal to 25 percent of the background area of the awning to which the sign is affixed, or the permitted area for wall or fascia signs, whichever is less. Background colors, striping, patterns, or valances shall not be included in the computation of the sign area.

               ii.   Canopy and Marquee Signs:

                  (A)   Applicability: Canopy and marquee signs are prohibited in the Residential zoning districts, excluding the R-H zoning district, and Open Land zoning districts.

                  (B)   Standards for Under Canopy or Marquee Signs (Hanging Signs):

                     I.   There shall be no more than one under canopy or under marquee sign per public entrance to any tenant or user space, and shall not exceed 16 square feet;

                     II.   Each sign shall maintain a clear vertical distance above any sidewalk or pedestrian way a minimum of eight feet; and

                     III.   Each sign shall be mounted perpendicular to the building wall.

                  (C)   Standards for Above Canopy and Above Marquee Signs:

                     I.   The maximum sign width shall be no more than 33 percent of the canopy face width;

                     II.   The minimum space between the bottom edge of the letter and the top of the canopy face shall be 1.5 inches; and

                     III.   The maximum height of each letter shall be no more than three times the canopy face height, with a maximum of 30 inches, whichever is less.

                  (D)   Standards for Signs on Marquees:

                     1.   No more than one sign shall be permitted on each side of a marquee, and any such sign shall be in lieu of a wall, canopy, or projecting sign;

                     2.   The sign area of each side shall not exceed two square feet of total area per lineal foot of building frontage or 200 square feet, whichever is smaller;

                     3.   The vertical dimension of the sign shall not exceed six feet; and

                     4.   The bottom of the sign shall have a minimum vertical clearance of eight feet above the sidewalk or pedestrian way.

               iii.   Freestanding Signs: Freestanding accessory signs shall comply with the standards set forth in Table 11-07.14 and the following standards. Freestanding signs:

                  (A)   Shall be located within a landscaped area no smaller than the background area of the sign; new landscaped areas shall be reviewed as part of the sign application. Decorative rock may be a component of the landscaping area counted to calculate its area for this purpose;

                  (B)   Shall include the street address in letters at least three and one-half inches tall;

                  (C)   Shall be oriented perpendicular to the street providing frontage to the establishment and be located toward the front of the parcel and as close to the main vehicle entrance as possible.

                  (D)   Shall be set back at least five feet from the front property line in Residential and Mixed-Use zoning districts, and one foot in Open Land and Institutional/Civic (O-C) zoning districts. The entirety of the sign shall be located outside of the setbacks.

                  (E)   Shall be set back at least five feet from side property lines in all zoning districts;

                  (F)   Shall not exceed one per street frontage, except that:

                     I.   Where two signs are allowed for an establishment on a street corner, each sign shall be designed and located so as to be viewed only from the street on which it is located; and

                     II.   In lieu of two signs, one corner sign designed to be viewed from both streets is allowed, provided it complies with other provisions of Murio Farms Code;

                  (G)   May have architectural appurtenances with no text extend up to two feet over the allowed height.

 

         (8)   Directional Signs:

            (a)   Up to two directional signs shall be permitted at the street entrance to any parcel. The maximum area is four square feet, and the maximum height is four feet.

            (b)   Non-accessory directional signs may be erected by governments giving direction to places of general interest such as colleges, parks, hospitals, or Neighborhood Associations. Such signs shall be subject to approval by the Director as to the size, location, and method of erection.

         (9)   Electronic Message Displays (EMD):

            (a)   Applicability: EMDs are prohibited within the Murio Farms Specific Plan boundary, excluding the future public school site in the O-C zone.

            (b)   Standards:

               i.   Number:

               ii.   Only one EMD is permitted at the future public-school site within the Murio Farms Specific Area Plan boundary.

               iii.   No EMD may be installed on a non-conforming sign.

               iv.   EMDs shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating, or varying of light intensity.

               v.   Each message or frame shall be displayed for a minimum of eight seconds.

               vi.   The area used for an EMD shall not occupy more than 50 percent of the total sign area.

               vii.   The brightness or intensity of the EMD shall be factory set not to exceed 5,000 nits on clear days and 500 nits from dawn to dusk. The EMD shall also not exceed 50 percent of its maximum brightness on clear days and 10 percent of maximum brightness from dawn to dusk. Each display shall have a light sensing meter that will adjust the display brightness as the ambient light changes.

                  (G)   Text-only single-color message displays with letters no higher than 12 inches may scroll or travel without the static message limitation. The maximum area for such displays is eight square feet.

         (10)   Portable Signs:

            (a)   Applicability: Portable signs are only permitted in the MX-G, MX-N, and MX-H districts, and shall comply with the following standards.

            (b)   Standards:

               i.   Number:

                  (A)   Each ground floor establishment with street frontage is allowed one per street frontage.

                  (B)   One sign per building frontage may be permitted for upper levels and one for below ground uses.

               ii.   Maximum Sign Area: Maximum sign area is seven square feet.

               iii.   Location:

                  (A)   Signs shall be located outside vision triangles in the furnishing zone or close to the curb in front of the establishment and shall not obstruct pedestrian traffic or violate ADA guidelines.

                  (B)   If adequate space does not exist in a furnishing zone or near the curb, a sign may be placed in a vestibule or alcove near a building entrance, so long as a five-foot clear pedestrian zone is maintained. Signs shall not be placed within five feet of the curb abutting an on-street accessible parking stall.

               iv.   Materials: Signs shall be made of stable and durable material.

         (11)   Projecting Signs:

            (a)   Applicability: Projecting signs are prohibited in the Residential zoning districts, excluding the R-H zoning district, and in the A-1 and A-2 zoning districts.

            (b)   Standards:

               i.   Maximum Background Area: The maximum background area shall be:

                  (A)   The lesser of five percent of the wall area facing a street or 50 square feet.

                  (B)   When both projecting and wall signs are used, the maximum area for both signs is reduced by 50 percent.

               ii.   Number Allowed:

                  (A)   One per street level establishment for each street frontage.

                  (B)   Where there is more than 150 feet of frontage for one establishment, a second sign is permitted.

               iii.   Projection Above Building Height: No sign shall extend vertically above the highest point of the building facade upon which it is mounted by more than two feet.

               iv.   Projection from Wall: The projection from the wall shall be no more than 10 feet, or to within two feet of the face of the curb, whichever is less.

               v.   Clearance: Clearance over public property shall be a minimum of 12 feet.

               vi.   Maximum Height: No portion of any projecting sign shall extend more than 30 feet above the ground.

         (12)   Wall Signs:

            (a)   Applicability: Wall signs shall comply with the standards in Table 11-07.15 and the following standards:

            (b)   Standards:

               i.   Area: One square foot in sign area for each lineal foot of wall up to 32 square feet.

               ii.   Height:

                  (A)   Shall not exceed the height of the wall or 30 feet.

                  (B)   Wall signs shall not project above the wall to which they are attached.

               iii.   Location:

                  (A)   Wall signs shall face the street or streets that the building faces, except that a sign on a building wall in a Mixed-Use, Institutional/Civic (O-C), or Open Land zoning district that does not face a street may be permitted if it complies with the following standards:

                  (B)   The sign area may be borrowed from that allowed on the building wall facing the street; and

                  (C)   The sign area shall not exceed 10 percent of the building wall; where multiple tenants or users are located in a single building, and allowable sign area is allocated between some or all of those tenants or users, the calculation of the 10 percent maximum sign area shall be allocated among each tenant or user based on the square footage of the ground floor wall space of the building frontage occupied by that individual tenant or user, rather than the wall area of the building as a whole.

                  (D)   For commercial centers with multiple tenants, allowed signage for each tenant is based on the percentage allowed for the zone and calculated based on the square footage of the ground floor wall space of that individual tenant; and

                  (E)   The sign faces an abutting property zoned Mixed-Use, Institutional/Civic (O-C), or Open Land.

            (c)   Prohibited Signs: EMDs and other forms of signage using light emitting diode (LED) technology are prohibited.

            (d)   Number: In Mixed-Use, Institutional/Civic (O-C) or Open Land zoning districts the sign area may be divided among multiple signs according to Table 11-07-04-03-08.12.

 

         (13)   Temporary Signs:

            (a)   Special Promotions, Event and Grand Opening Signs: Any lawful location for a nonresidential use, except a Home Occupation, may have one temporary, portable sign that complies with the following standards, after obtaining a Sign Permit pursuant to Chapter 11 of the City of Boise's development code:

               i.   Within any calendar year, each establishment shall be limited to the display of one temporary sign for a maximum of three 30 consecutive day periods. Each 30-day period shall be separated by at least 30 days.

               ii.   Maximum sign area is 32 square feet.

               iii.   Maximum sign height for freestanding signs is eight feet.

         (14)   District Monument Signage:

            (a)   Murio Farms Branding and Monument Signage: District signage is important to support the character and identity of Murio Farms and should be integrated at key locations throughout the development. District monument signage shall feature consistent, vernacular materials such as wood, stone, concrete, or metal that further the vision outlined in Chapter 3 of the Murio Farms Specific Plan.

               i.   All district and sub-district signage must be submitted for review and approval by the Murio Farms Review Board; Documentation of review board approval shall be submitted with the sign permit application.

         (15)   Off-Premise Signs:

            (a)   Applicability: When off-site identification is needed because of excessive distance from a public street, lack of street frontage, unusual topography or other special circumstances, an off-premise sign may be allowed with a Conditional Use Permit. The standard conditional use approval criteria and the special circumstances noted above shall be used to evaluate the request. The base zoning district standards for sign size and location shall apply.

            (b)   Approval Criteria: The Planning and Zoning Commission shall make the following findings:

               i.   That the sign will not negatively impact the visual quality of a public open space.

               ii.   That the sign will not block the view of a structure of historical or architectural significance.

               iii.   That sign height is compatible with buildings within a 300 foot radius.

               iv.   That sign lighting will not trespass onto adjacent properties.

            (c)   Design and Location: New off-premise signs shall comply with design and location standards based on the property's underlying zone, adjacent land uses, and proposed sign type as described in on-premise sign code of this code.

      I.   Operations and Maintenance:

         (1)   Landscaping, Buffering, and Screening Maintenance: All landscaping, buffering, and screening required by Murio Farms Code shall be maintained by the Murio Farms HOA for shared open space, or the property owner for privately-held land in compliance with the standards outlined in Chapter 11 of the City of Boise's development code.

   4.   Definitions:

      A.   Meanings of Words Generally: As used in the Murio Farms Code, each of the terms defined shall have the meaning provided in Chapter 11 of the City of Boise's development code unless a different meaning is clearly required by the context. (Ord. 35-25, 10-28-2025)