HomeMy Public PortalAbout1977.08.26 Zoning Ordinance for the City of McCallZoning Ordinance for the City of McCall
1 Title Purpose and General Provisions
2 This ordinance shall be known and may be citied and referred to
3 as the "Zoning Ordinance for the City of McCall." This Ordinance
4 is designed and enacted in accordance with Article 12, Section 2,
5 of the Constitution of Idaho and Title 67, Chapter 65, of the
6 Idaho Code which impowers the City to enact a zoning ordinance
7 and to provide for its administration, enforcement and amendment.
8 It is hereby adopted:
9 A. To maintain and promote the small town character and
10 attraction of the City of McCall and the natural beauty of
11 the surrounding open lands and lake shore present and future
12 for residents and visitors.
13 B. To ensure that all physical growth is carried out in an
14 orderly way and in sensitive relation to landscape, ecology
15 and existing urban character of McCall.
16 C. To regulate the use of buildings, structures, and land for
17 different purposes and to regulate the location, height,
18 bulk and size of buildings and structures.
19 D. To implement the intent and purpose of the adopted General
20 Plan. ..
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E. To facilitate the adequate provision of public services and
to promote and protect the health, safety and welfare of
all residents and visitors.
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1 E s t a b l i s h m e n t o f D i s t r i c t s :
2 I n o r d e r t o c a r r y o u t t h e p r o v i s i o n s o f t h i s O r d i n a n c e , t h e i n c o r p o r a t e d
3 a r e a o f t h e C i t y o f M c C a l l i s h e r e b y d i v i d e d i n t o t h e f o l l o w i n g
4 c a t e g o r i e s o f M a j o r U s e D i s t r i c t s a n d S p e c i a l D i s t r i c t s :
5 A g r i c u l t u r e D i s t r i c t
6 R e s i d e n t i a l D i s t r i c t s
7 1 . L o w D e n s i t y R e s i d e n t i a l
8 2 . M e d i u m D e n s i t y R e s i d e n t i a l
9 C o m m e r c i a l D i s t r i c t s
1 0 1 . C o m m e r c i a l
1 1 2 . G e n e r a l C o m m e r c i a l
1 2 I n d u s t r i a l D i s t r i c t
1 3 S h o r e l i n e a n d R i v e r E n v i r o n s D i s t r i c t
1 4 S c e n i c R o u t e D i s t r i c t
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1 Zoning Map:
2 The boundaries of these zoning districts and special districts
3 are hereby established as shown on the zoning maps of the City
4 of McCall, Idaho, which map or maps are hereby made a part of
5 this Ordinance, up-to-date copies of which shall be placed and
6 remain on file in the Office of the Planning Commission.
7 Interpretation of Boundaries:
8 Where uncertainties exist as to the boundaries of any zoning
9 district as shown upon the zoning maps, the following rules shall
10 apply:
11 A. Boundaries indicated as approximately following the center
12 lines of streets, highways, or alleys shall be construed
13 to follow such center lines.
14 B Boundaries indicated as approximately following plotted lot
15 lines shall be construed as following such lot lines.
16 C Boundaries indicated as approximately following jurisdictional
17 limits shall be construed as following such limits.
18 D. District boundary lines indicated as following railroad lines
19 shall be construed to be midway between the main tracks.
20 .E District boundary lines indicated as following shoreline
21 , shall be construed to follow such shorelines, and in the
27 event ofchange in the shoreline shall be construed as moving
23 with the actual shoreline boundaries indicated as
24 approximately following the center lines of streams, rivers,
25 canals, lakes, or other bodies of water, shall be construed
26 ,to follow such center lines.
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1 F. Where a district boundary line divides a lot which was in
2 single ownership and of record at the time of enactment of
3 this Ordinance, the Planning Commission may permit the
4 extension of the regulations for either portion of the lot
5 not to exceed 50 feet from said district boundary line. The
6 use so extended shall be deemed to be conforming.
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Severability:
If any section or part of a section, clause or provision of this
Ordinance be declared by the Court to be invalid, the same shall not
affect the validity of the Ordinance as a whole or any part thereof
other than the part so declared invalid.
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Application of Regulations:
A. In administering and applying the provisions of this Ordinance,
unless otherwise stated, they shall be held to be the minimum
requirements necessary to accomplish the purpose of this Ordinance.
B. Except as herein specified, no land, building, structure or premises
shall thereafter be used, and no building or part thereof, or other
structures, shall be located, erected, moved, reconstructed, -
extended, enlarged or altered except in conformity with the require-
ments herein specified for the districts in which it is located;
nor shall any yard, lot or open space be reduced in dimensions or
area to an amount less than the minimum requirements set forth
herein.
Conflicting Provisions:
In the case ofa conflict between the provisions of various
sections of the text of this Ordinance, the more stringent
provisions shall prevail.
1 Use Districts
2 Agriculture. District
3 Purposes:
4 A. To protect the productive, scenic and open space value of
5 agricultural and forest lands which lie in the City of McCall
6. and adjoining areas of Valley County from intrusion of urban
7 uses, fragmentation of ownerships and inflation of land
8 values.
9 B. To maintain parcels of adequate size to permit effective
10 agricultural or forestry use.
11 C. To promote the orderly development of the City of McCall by
12 limiting and controlling the dispersal of residential and
13 other urban uses in agricultural or forest lands.
14 D. To protect adjoining districts from incompatible or
15 objectionable agricultural activities and to maintain
16 environmental quality.
17 Permitted Uses
18 A. Accessory uses and structures
19 B. Agriculture (as defined)
20 C. Forest management, timber harvesting, and fish and wildlife
21 D.. Single-family residential
22 Special Uses and Their Accessory Uses Are Permitted in Accordance
23 With Section
24 A. Planned Development
25 B. Public Use
26 C. Semi -Public Use
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1 Minimum Distance Between Buildings
2 The minimum distance between detached dwelling units shall be
3 ten (10) feet where buildings are side to side, thirty (30)
4 feet where building are rear to rear, and twenty (20) feet in
5 all other cases.
6 Low Density Residential District
7 Purposes:
8 A. To establish standards governing the development, construction
9 and use of housing and the residential environment in
10 urbanized or partially urbanized areas of the City of McCall.
ii B. To provide and protect residential lands for conventional
12 single-family housing and other uses beneficial to urban
13 residential development.
14 C. To provide opportunity for all groups of persons to obtain
15 adequate housing within each area of the City suitable for
16 residential use in relation to other land uses and consistent
17 with the preservation of natural, scenic and historic
18 resources.
19 D. To encourage a variety of housing types, sizes and densities
20 necessary to meet the needs of all economic groups and to
21 avoid environmental monotony detrimental to the quality of
22 life.
23 Permitted Uses:
24 A. Accessory uses located on the same premises as permitted
25 uses, such as private garages and the use of land for
26 domestic agricultural purposes defined in Section
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1 B. Home occupations (as defined).
2 C. Single-family dwelling unit
3 Special Uses and Their Accessory Uses Are Permitted in Accordance
4 With Section
5 A. Planned development
6 B. Public and private parks not for overnight use, and hiking,
7 biking, riding and skiing trails and easements.
8 C. Public use
9 D. Semi-public use
10 Minimum Distance Between Buildings
11 The minimum distance between detached dwelling units shall be
12 ten (10) feet where buildings are side to side, thirty (30)
13 feet where buildings are rear to rear, and twenty (20) feet in
14 all other cases.
15 Medium Density Residential District
16 Purposes:
17 A. To establish standards governing the development and use of
18 housing and compatible uses in areas of McCall which already
19 contain, or are suitable for, moderately intensive residential
20 use.
21 B.. To preserve the environmental quality of areas which attract
22 more intensive residential use for the benefit of all
23 residents and visitors.
24 C. To provide opportunity for all groups of persons to obtain
25 adequate housing within each area of the City suitable for
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residential use in relation to other land uses and consistent
with the preservation of natural, scenic and historical
resources.
Permitted Uses:
5 A. Accessory uses location on the same premises as permitted
6 uses, such as private garages and the use of land for
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domestic agricultural purposes defined in Section
B. Home occupation (as defined)
C. Single-family dwelling unit.
10 Special Uses and Their Accessory Uses Are Permitted in Accordance
11 With Section
12 A. Compatible professional offices not exceeding 1,000 square
13 feet in floor area
14 B. Multi -family dwelling
15 C. Planned developments
16 D. Public and private parks not for overnight use, and hiking,
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biking, riding and skiing trails and easements
E. Public use
F. Semi-public use
Mimimum Distance Between Buildings
The minimum distance between detached dwelling units shall be
ten (10) feet where buildings are side to side, thirty (30)
feet where buildings are rear to rear, and twenty (20) feet
in all other cases.
Commercial Buildings Shall Meet the Requirements Set Forth in
Section
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1 Commercial District
2 Specific Purposes:
3 A. To encourage and regulate commercial and public and private
4 business activities appropriate to the City of McCall
5 distributed as to supply goods and services to residents
6 and visitors in a convenient and efficient manner.
7 B. To assure that commercial and business development and uses
8 will not detract from the environmental qualities of the
9 surrounding areas.
10 Permitted Uses:
11 A. Banks and financial institutions
12 B. Business and personal services
13 C. Department stores
14 D. Dwelling units
15 E. Eating and drinking places
16 F. Hotels and motels
17 G. Indoor recreation
18 H. Professional offices and buildings
19 I. Public parks, hiking, riding, biking and skiing trails and
20 easements
21 J... Retail stores
2 K. Service stations
23 Special Uses Permitted in Accordance With Section
24 A. Planned development
25 B. Public use
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C. Semi-public use
D. Uses which are found by the Planning Commission to be
appropriate and similar in nature may be permitted.
Conditions of Use: The Following Conditions Shall Apply:
A. The minimum driveway width in the Commercial District shall
be twenty (20) feet if there is two-way traffic and fourteen
(14) feet if there is one-way traffic.
B. Parking areas shall conform to standards of design and
construction established by the City Engineer provided that:
1. No parking lot pavement may be located closer than five
(5) feet from the right-of-way line of a public street.
2. All parking lots shall be screened from public thorough-
fares by a fence, wall or plant screen not less than
four (4) feet high; provided, however, that the screen-
ing height shall be lowered to the standards as required
under the County Traffic Code and/or to the standards
of the City Engineer, at street corners, driveway
intersections, and other locations. The setback area
between the parking area paving and the public right-
of-way shall be planted and shall not be paved.
C.. All uncovered area shall be landscaped.
D. Waste collection areas shall be enclosed.
E. All commercial development accessible to a public sewer shall
provide for sanitary sewer facilities in accordance with
standards established by the City.
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1 F. The Planning Commission should encourage thededication of
2 public access -ways not less than ten (10) feet in width to
3 publicly owned land or waters and should encourage the
4 preservation of all historic and archaeologic sites, known
5 or discovered on the parcel subject to development.
6 General Commercial District
7 Specific Purposes:
8 A. To designate areas suitable for commercial and public or
9 private business activities distributed so as to supply
10 goods and services to the public in a convenient and
11 efficient manner.
12 B. To relate commercial and business activities to established
13 or projected transport, utility and community patterns so
14 that they may contribute to the general health, safety and
15 welfare of the public.
16 C. To assure that commercial and business development and uses
17 will not detract from the environmental qualities of the
18 surrounding areas.
19 D. The General Commercial District may accommodate a greater
20 variety of goods and services than is permitted in the
21 . Commercial District and may include certain non -objectionable
22 service activities which are semi -industrial in character,
23 subject to a use permit.
24 Permitted Uses:
25 A. Automobile sales and service
26 B. Banks and financial institutions
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1 C. Business and personal services
2 D. Department stores
3 E. Dwelling units
4 F. Eating and drinking places
5 G. Funeral home
6 H. Hotels and motels
7 I. Indoor recreation
8 J. Professional offices and buildings
9 K. Public parks, hiking, riding, biking and skiing trails and
10 easements
11 L. Retail stores
12 M. Service stations
13 N. Theatre
14 Special Uses Permitted in Accordance With Section
15 A. Planned development
16 B. Public use
17 C. Retailand service commercial uses which are semi -industrial
18 in nature may be permitted
19 D. Semi-public use
20 E. Uses which are found by the Planning Commission to be
21 . appropriate and similar in nature may be permitted
22 Conditions of Use: The Following Conditions Shall Apply:
23 A. The minimum driveway width in the Commercial District shall
24 be twenty (20) feet if there is two-way traffic and fourteen
25 (14) feet if there is one-way traffic.
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1 B. Parking areas shall conform to standards of design and
2 construction established by the City Engineer provided that:
3 1. No parking lot pavement may be located closer than five
4 (5) feet from the right-of-way line of a public street.
5 2. All parking lots shall be screened from public thorough -
6 fares by a fence, wall or plant screen not less than
7 four (4) feet high; provided, however, that the screen -
8 ing height shall be lowered to the standards as required
9 under the County Traffic Code and/or to the standards
10 of the City Engineer, at street corners, driveway
11 intersections, and other locations. The setback area
12 between the parking area paving and the public right -of -
13 way shall be planted and shall not be paved.
14 C. All uncovered area shall be landscaped.
15 D. Waste collection areas shall be enclosed.
16 E. All commercial development accessible to a public sewer shall
17 provide for sanitary sewer facilities in accordance with
18 standards established by the City.
19 F. The Planning Commission should encourage the dedication of
20 public access -ways not less than ten (10) feet in width of
21 . publicly owned land or waters and should encourage the
2 preservation of all historic and archaeologic sites, known
23 or discovered on the parcel subject to development.
24 Industrial District
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1 Specific Purposes:
2 A. To provide and protect lands conveniently located to exist -
3 ing and potential transportation routes for the grouping
4 of heavy commercial, warehousing, processing and manufactur-
5 ing uses that are not compatible with the permissible
6 activities in the Commercial or Residential Districts.
7 B. To regulate and control development, construction, and
8 organization of land for those uses.
9 C. To ensure that industrial uses are not detrimental to any
10 bordering residential commercial, agricultural or open
11 district and do not interfere with the operation of the
12 airport.
13 Permitted Uses:
14 A. Accessory uses and structures
15 B. Banks and financial institutions
16 C. Bulk petroleum storage
17 D. Business and personal services
18 E. Chemical storage and manufacturing
19 F. Contractor's storage yard
20 G. Department stores
21 J.. Eating and drinking places
22 K. Forest management, timber harvesting, and fish and wildlife
23 management and protection
24 L. Indoor recreation
25 M. Professional offices and buildings
26 N. 'Public parks, hiking, riding, biking and skiing trails and
27 easements
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1 0. Research and development
2 P. Retail stores
3 Q. Service stations
4 R. Terminal yard, trucking
5 S. Truck and tractor repair
6 T. Warehouse and wholesaling
7 U. Wood processing plant
8 Special Uses and Their Accessory Uses Are Permitted in Accordance
9 With Section
10 A. Planning development
11 B. Public use
12 C. Semi-public use
13 The Minimum Distance Between Buildings
14 The minimum distance between detached buildings on the same
15 parcel shall be ten (10) feet.
16 Conditions of Use
17 The following conditions shall apply.
18 A. The minimum driveway width in the Industrial District shall
19 be twenty (20) feet if there is two-way traffic and fourteen
20 (14) feet if there is one-way traffic.
21 B.. Parking areas shall conform to standards of design and
22 construction established by the City Engineer, provided that:
23 1. No parking lot pavement edge may be located closer than
24 five (5) feet from the right-of-way line of a public
25 street.
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1 2. No part of parked vehicles shall protrude into that set -
2 back.
3 3. All parking lots shall be screened from public thorough-
4 fares by a fence, wall or plant screen not less than
5 four (4) feet high, provided, however, that the screen-
6 ing height shall be lowered to the standard as required
7 under the County Traffic Code and/or to the standards
8 of the City Engineer.
9 C. A sight -obscuring fence or other suitable screening shall
10 be required where a proposed commercial or industrial use
11 abuts the side or rear yard of any property in a residential
12 district. Such fence shall be six (6) feet in height except
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13 in the required front yard where. it shall be not more than
14 thirty-six (36) inches in height.
15 D. All uncovered area shall be landscaped.
16 E. All industrial development accessible to a public sewer shall
17 provide for sanitary sewer facilities in accordance with
18 standards established by the State Board of Health.
is F. The Planning Commission should encourage the dedication of
20 public accessways not less than ten (10) feet in width to
21 • publicly owned land or waters and should encourage the
22 preservation of all historic and archaeologic sites, known
23 or discovered on the parcel subject to development.
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OFFICIAL HEIGHT, AREA AND SETBACK REGULATIONS
Min -mum Yard Requirements Minimum Lot Dimensions
Rear Maximum
Maximum Abbutting Interior Street Lot Cov. Minimum Lot Average Average
District Height Front Rear An Alley Side Side (in %) Area Width Depth
10 Acres * *
Agricultural 1 35 ft. 20 ft. 15 ft. 10 ft. 7 ft. 15 ft. 435,600 sq. ft.
Low Density f -- --- - ----
Residential ' 35 ft. 20 ft. 15 ft. 10 ft. 7 ft. 15 ft. 10,000 sq. ft. 60 ft. **
tedium Density 155,000 sq. ft.
Residential 35 ft. 20 ft. 15 ft. 10 ft. 7 ft. 15 ft. -- Per D.U. 60 ft.
Commercial 35 ft. 0 10 ft. 10 ft. 0 0 80 6,000 sq. ft. 60 ft. 100 ft.
General
Commercial
Industrial
35 ft. 15 ft. 10 ft. 10 ft. 0 15 ft. 80 8,000 sq. ft. 100 ft. 100 ft.
+ +
35 ft. 35 ft. 10 ft. 10 ft. 10 ft. 35 ft. 80 10,000 sq. ft.
The average length of any lot shall not be greater than four (4) times its width.
** The averagelength of any lot shall not be greater than three (3) times the width.
The average length of any lot shall be a minimum of 20 feet when abutting a residential district.
The pole section of a flag lotshall not be less than twenty (20) feet in width.
The maximum length of the pole portion of a flag lot shall be 150 feet.
1 SPECIAL USES
2 Agriculture District
3 A. Airnort, helinorts and landing strips
4 B. Bulk storage
5 C. Developed camp grounds
6 D. Electrical substations
7 E. Kennels and veterinary clinics
8 F. Organized camp grounds
9 G. Public use
10 H. Quarries
11 I. Radio, T.V. and telephone relay stations
12 J. Recreational vehicle park
13 K. Semi-public use
14 Low Density Residential District
15 A. Electrical substations
16 B. Planned development
17 C. Public and private parks not for overnight use, and hiking,
18 biking, riding and skiing trails and easements.
19 D. Public use
20 E. Radio, T.U. and telephone relay stations
21 F. Semi-public use
22 Medium Density Residential District
23 A. Compatible professional offices not exceeding 1,000 square
24 feet in floor area
25 B. Electrical substations
26 C. Mobile home narks
27 D. Multi -family dwelling
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E. Planned developments
F. Public and private parks not for overnight use, and hiking,
biking, riding and skiing trails and easements
G. Public use
H. Radio, T.V. and telphone relay stations
I. Semi-public use
Commercial District
A. Drive-in restaurant
B. Electrical substations
C. Laundromat
D. Medical facilities
E. Outdoor amusement facilities
F. Planned development
G. Public use
H. Radio, T.V. and telephone relay stations
General Commercial District
A. Bulk storage
B. Developed camp ground
C. Drive-in restaurant
D. Electrical substations
E. Kennel and veterinary clinic
F. Laundromat
G. Mobile -Park.
H. Outdoor amusement facilities
Planned development
j. Public use
K. Radio, T.U. and telephone relay stations
L. Recreation vehicle nark
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M. Retail and service commercial uses which are semi -industrial
in nature may be permitted
N. Semi-public use
0. Uses which are found by the Planning Commission to be
appropriate and similar in nature may be permitted
Industrial District
A. Bulk storage
B. Electrical substations
C. Planning development'
D. Public use
E. Quarries
F. Radio, T.U. and telephone relay stations
G. Semi-public use
H. Wrecking yards
1 Shoreline and River Environs Districts
2 Purpose:
3 A. To regulate development and alterations to the shoreline of Payette
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Lake and the banks and immediate flood plain of the Payette River
in order to protect and maintain physical, biological and scenic
resources of particular value to the public.
B. To regulate the type, amount, height and bulk of building within
one hundred (100) feet of the high water mark of Payette Lake in
order to preserve physical and visual access to the Lake and the
characteristic open, lake -oriented downtown environment.
Lands Included:
A. From the low water mark to one hundred (100) feet inland from the
high water mark of Payette Lake.
B. From the Payette River to seventy-five (75) feet from the apparent
high water water line or one hundred fifty (150) feet from•the
16 top of the bank that describes the flood plain delineated on the
17 zoning map, whichever is greater, on each side.
18 Permitted Uses:
19 All those uses permitted in the Use Districts upon which the Shoreline
20 District is superimposed shall be permitted proved they satisfy the
21 special conditions set for this section, except that:
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A. A two hundred (200) foot lake frontage shall be required for a
private docking facility.
B. Development of marinas, docks and piers shall not be permitted in
areas of the shoreline which may be designated by the Planning
Commission as being of unique scenic beauty which should be retained
in their natural condition or where there is no demonstrable
public need for a new marina, dock or pier.
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1 C. Development of dwelling units, accessory buildings or other buildings
2 or structures shall be set back seventy-five (75) feet or 1/3 of the
3 property depth whichever is less from the high water line. of Payette
4 Lake.
5 D. Development shall be prohibited within fifty (50) feet of the
6 apparent high water level of the Payette River or closer to the
7 river than the limit of existing structures.
8 Requirements for Development
9 No zoning, conditional use or building permit shall be issued, nor
10 shall any use requiring the development, grading or alteration of any
11 portion of this District be permitted, unless the applicant establishes
12 conformity with the requirements of this Section.
13 A. Development on the Shoreline, Riverfront or Within Water Areas:
14 1. No construction, alteration or activity shall cause harm to:
15 a. Water quality
16 b. Fish and aquatic habitats
17 c. The natural beauty of the lake or river
18 d. Navigation, safety or health
19 2. a. Floating piers or piers on pilings shall be used to provide
20 access to boats, rather than dredging, whenever possible.
21 b. Where marinas, docks or piers are permitted, they shall be
2 located in areas where dredging can be minimized.
23 c. Where a barrier wall is required in connection with a
24 marina or dock, it shall be carried deep enough below the
05 bottom to prevent movement of back -fill materials into the
26 water.
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1 d. Materials used to stabilize the bottom of the marina, dock
2 harbor or pier structures shall be chemically inert sand,
3 gravel, or similar substances.
4 e. Restrooms, pump -out facilities for boat sewage receptacles,
5 and trash receptacles for other boat wastes shall be provided
6 at a marina or dock.
7 3. Any development application within the Shoreline District shall
8 be accompanied by a topographic survey and all available flood
9 data, pending establishment of the one hundred year flood plain.
10 B. Development Landward of the Shoreline or Beyond the River Banks:
11 1. Any construction, alteration or use in this portion of the
12 Shoreline District shall require a Conditional Use Permit which
13 shall regulate in each case.
14 a. Distance between buildings to preserve open views
15 b. Park or trail dedication or easements
16 c. Building width and height to preserve open views
17 2. No development, alteration or use, other than single-family
18 dwelling units on lots or parcels of record as of the date of
19 this. Ordinance, shall bepermitted which would:
20 a. Block views .of Lake or River from nearest frontage street
21 for more than 50 percent of the lot width parallel to the
22 shoreline.
23 b. Create lot coverage in excess of 50 percent.
04 c. Be finished in a manner clearly in conflict with the general
5 desire for natural, earth -toned finishing materials.
26 C. Procedure:
77 The Planning Commission shall approve, approve with conditions or deny
28 the permit.
1 Scenic Route District
2 Purpose:
3 To preserve, maintain and improve visual access from major public
4 thoroughfares and to improve the visual quality of existing thorough -
5 fares and adjacent uses, and control the visual and land use quality
6 of future development.
7 Lands Included:
8 The Scenic Route District shall include the right-of-way of State
g Highway 55 and of its bypass, when constructed, and structures within
10 fifty (50) feet of the right-of-way on each side.
11 Requirements for Development:
12 A The Planning Commission may require the applicant to furnish
13 graphic or pictorial material sufficient to indicate the nature
14 of the proposed use, type of structure, finish materials and
15 proposed signing, and an indication of views obscured by the
16 structure.
17 B The Planning Commission shall ascertain whether the proposed
18 development, structure or use will:
19 1. Block or disrupt the visibility of significant views or
20 features.
21 2. Be compatible, in terms of setback, bulk, height, design,
22 finish materials signing and landscaping, with its immediate
23 context and the desired visual quality of the scenic route.
24 C Procedure:
25 The Planning Commission shall approve, approve with conditions
96 or deny the permit.
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1 Special Use Permits
2 Purpose:
3 The purpose of the "Use Permit" procedure is to assure the proper
4 integration into the community of uses which may be suitable only
5 in specific location, or only under certain conditions, or only if
6 such uses are designed, arranged and/or conducted in a particular
7 manner, and to prohibit such uses if proper integration cannot
8 be assured.
9 Application:
10 An application for a Special Use Permit shall be filed and processed
11 according to the following procedure:
12 A. The applicant shall file a written application on a form provided
13 by the Planning Commission. Such applicaton shall be accompanied
14 by:
15 1. A legal description of the property in sufficient detail to
16 to determine its precise location.
17 2. A plot plan of the property, drawn to scale, showing the
18 following information:
19 a. Relationship of the proposed development to the com
20 prehensive plan.
21 b.. The relationship of the property to the surrounding area.
22 c. The plan of subdivision or resubdivison, if any.
73 d. Land uses, building location, and number of dwelling units.
24 e. The arrangement of streets and pedestrian ways.
f. The location of off-street parking spaces.
26 g. The location of public or communal open space.
27 h. Plans for site grading and landscaping.
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1 i. Plans for water supply, sewage disposal, and storm water
2 drainage.
3 j. Such additional information as the Commission may request.
4 Standards:
5 A. A Use Permit may be granted only if the Planning Commission finds
6 that the establishment, maintenance, or operation of the con-
7 struction, development, activity or use in the particular case:
8 1. Is not detrimental to health, safety, peace, morals, comfort
9 and general welfare of persons residing or working in the
10 neighborhood of such proposed use.
11 2. Is not detrimental or injurious to property and improvements
12 in the neighborhood or to the general welfare of the
13 community, and will not cause any substantial harmful
14 environmental consequences on the land of the applicant or
15 on other lands or waters, and will not be inconsistent with
16 the intent of this Ordinance and the General Plan.
17 3 That the location of the proposed use is compatible with
18 other land uses in the general area, and does not place an
19 undue burden on existing transportation and service facilities
20 in the area..
21 4. That the site is of sufficient size to accommodate the
22 proposed use and all the yards, open space, walls, fences,
23 parking areas, loading areas, and design standards applicable
24 to such use as required by this Ordinance.
75 5. That the site will be served by streets of capacity sufficient
26 to carry the traffic generated by the proposed use.
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B. The Commission, in acting upon an application, shall provide the
approval of the Special Use Permit be contingent upon acceptance
and observance of specific conditions, including, but not
limited to the following:
1. Conformity to approved plans and specifications.
2. Performance characteristics, related to the omission of
7 noise, vibrations and other potentially or objectionable
8 elements.
9 3. Limits on the maintenance and operation and on the time of
10 day for the conduct of specified activities.
11 4. The period within which the permit shall be exercised or
12 otherwise lapse.
13 5. Guarantees as to compliance with the terms of the approval.
14 6. Approval of building appearance and landscaping.
15 7. Limits on the type and amountof traffic, off-street parking,
16 condition and width of adjoining streets, and access.
17 Planned Development
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When an application is for a Special Use Permit to approve a planned
development the following standards and purposes shall be complied
with, in addition to the other requirements of the Ordinance.
Purpose
A. The purpose of the planned development shall be:
1. To facilitate comprehensive site planning and design for
optimum development of significant land areas under the
ownership of one person or cooperatively joined for the
purpose of development.
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2. To provide a process that will allow diversification in the
relationships of various uses, buildings, structures, open
spaces and yards, building heights, lot sizes and streets
and utility systems in planning and designing development
while maintaining the intent of this Ordinance.
3. To assure, in appropriate cases, that the complete development
of a parcel has been planned prior to the development or
subdivision of any portion of the parcel so that public
service, transport, and utility systems can be effectively
anticipated and coordinated.
Minimum Area
12 A. A PUD for the following principal uses shall contain an area of not
13 less than:
14 1. Three (3) acres for residential development.
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2. Five (5) acres for residential use with subordinate commercial
or industrial uses.
3. Ten (10) acres for commercial use.
4. Ten (10) acres for industrial use.
19 Uses Permitted
20 • A. All uses that may be allowed within the land use district are
21 permitted within a PUD. Also, up to ten percent (10%) of the gross
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land area may be directed to other commercial, industrial, public
and quasipublic uses that are not allowed within the land use
district; provided, there is a favorable finding by the Commission:
1. That the uses are appropriate with the residential
uses.
2. That the uses are intended to serve principally the residents
of PUD.
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2 4. That the uses be located and so designed as to provide direct
3 access to a collector or an arterial street without creating
4 congestion or traffic hazards.
5 5. That a minimum of 50 percent of the residential
6 development occur prior to the development of the related
7 commercial or industrial land uses.
8 Common Open Space
9 A minimum of 10 percent of the gross land area developed in
10 any residential PUD project shall be reserved for common open space
11 and recreational facilities for the residents or users of the area
12 being developed.
3. That the uses ere planned as an integral part of the PUD.
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The required amount of common open space land reserved under a PUD
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shall either be held in corporate ownership by owners of the project
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area for the use of each owner who buys property within the
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development or be dedicated to the public and retained as common
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open space for parks, recreation and related uses. Public utility
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and similar easements and right-of-ways for water cources and
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other similar channels are not acceptable for common open space
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dedication unless such land or right-of-way is usable as a trail or
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other similar purpose and approved by the Commission.
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The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the Final Development
25 Plan.
26 A. The applicant shall submit drawings and plans comprising a general
27 development plan covering the entire parcel that shows: uses,
28 dimensions and locations of proposed structures, widths,
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1 alignments and improvements of proposed streets, pedestrian and
2 drainage ways, how the property could be divided for individual
3 parcel sale, parking areas, public uses, landscaping and open
4 spaces, a schedule of development, architectural drawings
5 demonstrating the design and character of the proposed buildings
6 and uses, and any other information of plansdeemed necessary
7 by the Planning Commission.
8 B. The applicant shall substantially commence construction of the
9 development within one year from the date of full approval, and
10 shall demonstrate that the development will be completed within
11 the schedule furnished with the application.
12 C. The applicant shall demonstrate, and the Planning Commission
13 must find, that the proposed planned development substantially
14 conforms to the intent of the General Plan.
15 D. The Planning Commission must find that the planned development
16 will create an environment of substainable desirability and
17 stability, shall be compatible with the character of the
18 surrounding neighborhood.
19 E. A permit may not be granted for any commercial development which
20 will create any substantial traffic congestion, will interfere
21 with any projected public improvements, and which does not
22 include adequate provisons for entrances and exits, internal
23 traffic and parking, or will create adverse effects upon the
2.1 adjacent and surrounding existing or prospective development.
75 F. Al; industrial developments included in a project development
26 shall be in conformity with performance standards established
27 in Section and by the City Engineer, shall constitute an
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1 an efficient and well organized development with adequate
2 provisions for freight service and necessary storage, and shall
3 not create adverse effects upon adjacent and surrounding existing
4 or prospective development.
5 G. The applicant shall demonstrate and the Planning Commission must
6 find that the development is a harmonious, integrated whole and
7 that the contemplated arrangements or uses justify the application
8 of regulations and requirements differing from those ordinarily
9 applicable in the Use District in which the land is located,
10 except that the requirements of the Shoreline and River Environs
11 and the Scenic Route Districts shall stand.
12 H. Conditions attached to the Planned Development Permit, in addition
13 to the requirements previously states, may include:
14 1. Controlling the sequence and timing of development.
15 2. Designating the exact location and nature of development.
16 3. Requiring the provision for either on or off site public
17 facilities or services.
18 4. Assuring proper maintenance of development.
19 Permit Procedure
20 A permit shall be issued in accordance with the procedure set forth
21 in Section . The issuance of a Project Development Permit
22 does not establish a precedent_ binding the Planning Commission to
23 similar action at some future time or on some future development
74 proposal. The Project Development Permit is not transferable.
25 Re-application
26 When a Special Use Permit is denied by the Planning Commission and
27 no appeal is taken, or is denied by the Planning Commission, an
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2c)
application for a Use Permit involving the same or substantial similar
construction, development, activity or use may not be filed sooner
than six (6) months following such denial.
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Signs
Purpose:
To establish standards for signs which will add to rather than
detract from the visual quality of the City of McCall.
Signs Included:
No permanent sign may be erected or attached to a building without
a building permit approved by the Zoning Commission unless it is
less than a total of six (6) square feet.
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Permits, Applications and Variances
Zoning Permits
Where Required:
No vacant land or structures shall be occupied or used, except for
public street or public utility distribution purposes, and no
structure shall be erected or altered, nor shall the use of any land
or structure be changed, without first obtaining a Zoning Permit.
Application:
9 A. The applicant may file a written application on a form provided
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by the Planning Commission. Such application shall contain or
be accompanied by:
1. A description of the property in sufficient detail to
determine its precise location.
2. A plot plan of the property, drawn to scale, showing all
existing and proposed structures yards and parking areas
and may other information necessary:
a. To show conformity with the standards and requirements
established in this Ordinance.
b. To a proper determination relative to the request.
3. Any other plans and information required by the Planning
Commission.
B The Planning Commission shall check the application and all data
submitted therewith to see that all provisions, purposes and
standards of this Ordinance will be complied with. If such a
compliance is established, he shall issue the permit and keep
a written record of his findings and action. The Planning
Commission may request additional information in order to make
a determination where necessary. If the application does not
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1 comply with the provisions of the Ordinance, the Planning
2 Commission shall deny the application for a zoning permit, setting
3 forth his reasons in writing. Zoning permits shall become invalid
4 one year from the date of issuance if the proposed use or
5 construction has not commenced or does not continue at a
6 reasonable rate.
7 Special Use Permit:
8 Application:
9 An application for a Special Use Permit may be filed, with an applica-
10 tion for a zoning permit and a single application may be used for
11 both permits in such cases. The application shall contain the
12 information required by Section
13 Procedure:
14 A. The Planning Commission shall set the date for a public hearing
15 in accordance with provisions contained in Section Notices
16 of Public Hearings shall be made in accordance with provisions
17 contained in Section
18 B. The Planning Commission shall hear and take action upon each
19 Special Use application in accordance with provisions contained
20 in Section
21 C. Use Permits may be revoked by the Planning Commission after due
22 hearing if such action shall be necessary to effectuate the
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purpose of this Ordinance.
Application to Amend or Reclassify a Use District
A. Any person or persons desiring to effect a change in the district
classification of a parcel or parcels of land shall file an
application in triplicate, including a map drawn to scale with
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1 a north point and setting forth the area requested to be changed
2 and such further information as the Planning Commission upon
3 examination of the application may require.
4 B. In the case of a proposed reclassification of land in the
5 Agricultural District, the applicant or applicants shall be
required, unless the requirement is waived by the Planning
7 Commission, to submit an impact study, independently prepared,
8 and covering the social, economic, fiscal and environmental
9 impacts of the loss of such open or agricultural land and of the
10 generally proposed use or uses.
11 C The application shall include a map showing all parcels of land
12 lying within a three hundred (300) foot radius of the exterior.
13 boundaries of the parcel together with a list in duplicate of
14 the names and addresses of the last known owner of record of
15 each lot or parcel. The Planning Commission shall hold at least
16 one public hearing on each application and shall give public
17 notice of such hearing in a newspaper of general circulation.
18 The Planning Commission shall also make available a notice to
19 other papers, radio, and television stations serving the
20 jurisdiction for use as a public service announcement. The date
21 for such public hearing shall be fixed by the Planning Commission
22 within a reasonable time and in every case at least fifteen (15)
23 days prior notice shall be given the public and in no case shall
24 the date set be later than forty (40) days after receipt of the
25 application and all necessary documents pertinent thereto, in
26 accordance with the rules of procedure of the Planning Commission
77 Notice shall also be given by regular U.S. mail, or personal
78 delivery to each property owner whose name and address appears on
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1 the list accompanying such application, which notice shall give
2 the date, time and place of hearing, the name of the applicant,
.3 the relief sought, an identification of the subject property,
4 and such other facts as may be prescribed by the Planning
5 Commission.
6 D. At every hearing before the Planning Commission, all persons
7 interested in the subject matter shall be heard. The Planning
8 Commission shall file with the City Clerk a written report
9 stating its recommendation to the City Council.
10 E. At its next regular meeting after the Planning Commission has
11 filed its recommendation with the City Clerk, the City Council
12 shall set a date, time and place to hold a public hearing on the
13 application and shall publish such notice using the same notice
14 and hearing procedure as the Planning Commission.
15 F. No application for a reclassification of any property which has
16 been denied shall be resubmitted in either substantially the
17 same form or with reference to substantially the same form or
18 with reference to substantially the same premises, for the
19 same purposes within a period of one year from the date of such
90 final action.
21 Variances
Authority:
93 The Planning Commission may grant variances from the specific detailed
24 provisions of this Ordinance. A variance shall not be considered
Q5 a right or special privilege, but may be granted to an applicant only
26 upon a showing of undue hardship because of characteristics of the
27 site and that the variance is not in conflict with the public interest,
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1 Standards:
2 A. Variances from the terms of this Ordinance shall be granted only
3 upon a showing of undue hardship by the applicant and if it is
4 found that because of special circumstances applicable to this
5 property, including size, shape, topography, location, traffic
6 condition, or surroundings, strict application of the use
7 regulations would:
8 1. Deprive such property of privileges enjoyed by other property
9 in the vicinity.
10 2. Render the land economically useless.
11 3. Clearly not be in conflict with the public interest.
12 B. Where such conditions are found, the variance permitted shall
13 be the minimum departure from existing regulation necessary to
14 avoid such deprivation of privileges enjoyed by such other
15 property and to facilitate a reasonable use, and which will not
16 create significant probabilities of harm to property and improve -
17 ment in the, neighborhood or of substantial harm to property and
18 improvements in the neighborhood or of substantial harmful
19 environmental consequences. In no case may a variance be granted
20 that will provide the applicant with any special privileges not
21 enjoyed by other properties in the vicinity.
2 Application:
23 An application for a Variance shall be filed, whenever feasible,
24 together with the applicaton for the required Zoning Permit and a
25 single application shall be used for both permits in such cases.
26 The application shall contain the information required pursuant to
27 Section and other information justifying the issuance of. the
28 variance.
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Procedure:
The Planning Commission shall hold at least one public hearing. and
the notice of the hearing shall be published at least once in a
newspaper of general circulation at least fifteen (15) days prior
to the date of said hearing and notice and an opportunity to be
heard shall be provided to property owners adjoining the parcel
under consideration.
Environmental Impact
The Planning Commission may require an Environmental Impact Statement
to be submitted prior to the issuance of any zoning, use or variance
permit when there is any operation, materialor activity which
constitutes a potential threat to public health, safety and welfare
13- or to the quality of the environment. When requiring such a state -
14 ment the precise nature of the items that the Environmental Impact
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Statement shall cover shall be indicated.
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Supplementary Regulations
General Requirements
A. No use shall be permitted or authorized to be established or
maintained which is or may become:
1. Hazardous from fire, or cause excessive traffic generation.
2. Noxious, or cause offensive conditions due to emission, of
odor, dust, smoke, cinders, gas, fumes, noise vibration,
refuse matter or water -carried waste.
3. The cause of unhealthy conditions resulting from improper
storage of materials, or impoundment of waste water, which
may attract and aid the propagation of insects of rodents.
4. Objectionable due to failure to wholly enclose any unsightly
service, processing or storage operation within a building
or to properly screen such an operation from the view of
an adjoining residential district.
B. All development shall:
1. Be designed to take advantage of natural settings, preserving
natural features such as streamside environments and
vegetation.
2. Cluster parking where feasible, and minimum number and width
of driveways' and access roads to avoid tree removal.
3. Locate parking along sides of commercial buildings.
4. Minimize signing on street frontage.
C. No parcel shall be created subsequent to the effective date of
this Ordinance which is occupied by existing dwelling units
unless the parcel created is large enough to meet the density
and acreage requirements for such existing dwelling units in
the lictrict in which it is located.
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Exceptions
A. Any existing legal lot or parcel of record as of the date of
this Ordinance that is smaller than the required size may be
developed for a permitted use subject to the other requirement
of the zone in which the property is located except that
residential use shall be limited to a single-family dwelling.
B. The following types of structures of structural parts are not
subject to the building height limitation of this Ordinance,
unless they are located within the approach zones of an airport
or are meant for human habitation. Chimneys, tanks, church
spires, belfries, domes, monuments, fire and hose towers,
observation towers, transmission towers, smokestacks, flagpoles,
radio and television towers, masts, aerials, cooling towers,
elevator shafts, and other similar projections.
C. Cornices, eaves, canopies, gutters, chimneys, flues, and other
similar architectural features shall not project more than 24'
inches into a required yard.
Off -Street Parking
A. At the time a new structure is erected or enlarged or the use
of an existing structure is changed, off-street parking spaces
shall be provided as set forth in this section. If parking
space has been provided in connection with an existing use or
is added to an existing use, the parking space shall not be
eliminated if it would result in less space than is required
by this Ordinance. Fractional space requirements shall be
counted as a whole space.
1 B. In cases where the provisions of off-street parking to meet
2 these requirements is not feasible with the parcel size or
3 location, the applicant may be allowed to meet these require -
4 ments at any other location within two hundred (200) feet of
5 the parcel where the use is proposed, provided that the requisite
6 number of parking spaces at such location are under the control
7 of the applicant are devoted exclusively to parking uses in
8 connection with the development for which the application is
9 made; and provided further, that recorded easement of other
10 interest is created in the land at such other location that
11 assures permanent use of such other location for such parking
12 purposes.
13 C. Driveway connections to public streets shall conform to
14 standards of design and construction established by the City
15 Engineer.
16 D. No cul-de-sac streets will be permitted and no common driveway
17 may serve more than four single-family lots or dwelling units
18 or be in excess of one hundred twenty (120) feet long.
19 E. The right-of-way width of private streets shall be equivalent
20 to City standards for public streets.
21 F. No residential building may be constructed on a parcel that is
22 in excess of six hundred (600) feet of traveling distance from
/3 a public thoroughfare, or is in excess of three hundred (300)
feet of traveling distance form vehicular access adequate for
fire protection vehicles, refuse collection vehicles, moving
vans, or other standard service vehicles unless said parcel
is located in the Agricultural District.
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G. Parking spaces for other permitted or conditional uses not
listed in this Article shall be determined by the Planning
Commission.
H. For the purpose of this Ordinance the following parking space
requirements shall apply:
TYPE OF USE
1. Residential
a. Single-family or two (2)
family dwelling
b. Apartments, or multi-
family dwelling
c. Boarding houses, rooming
houses, dormitories and
fraternity houses which
have sleeping rooms
d. Mobile home park
2. Commercial
a. Automobile service garage
which also provide repair
b. Hotels, motels
c. Funeral parlors, mortuaries
and similar type uses
d. Dining rooms, restaurants,
taverns, night clubs, etc.
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PARKING SPACES REQUIRED
Two (2) for each unit
One and one half (12) for
each unit
One (1) for each sleeping
room or one (1) for each
permanent occupant
One (1) for each unit plus
one (1) space for each
five (5) units
One (1) for each two (2)
gasoline pumps and two (2)
for each service bay
One (1) per each sleeping
room plus one (1) space
for each two (2) employees
One (1) for each one
hundred (100) sq. ft. of
floor area in slumber
rooms, parlors or service
rooms
One (1) for each two
hundred (200) sq. ft. of
floor area
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TYPE OF USE
e. Retail stores
f. Banks, financial instituti-
tions and similar uses
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Offices, public or profes-
sional administration or
service buildings
h. All other types of business
or commercial uses permitted
in any business district
3. Recreation or Entertainment
a. Bowling alleys
b. Dance floors, skating rinks
c. Outdoor swimming pools,
public or community or club
d. Auditoriums, sports arenas,
theaterS and similar uses
4. Institution
a. Churches and other places
Of religious assembly
b. Hospitals
c. Sanitariums, homes for the
aged, nursing homes, children
homes. asYlxms and c;fmilar
PARKING SPACES REQUIRED
One (1) for each two
hundred and fifty (250)
sq. ft. floor area
One (1) for each two
hundred (200) sq..ft. of
floor area
One (1) for each four
hundred (400) sq. ft. of
floor area
One (1) for each three
hundred /300\ sq. ft. of
floor area
Four (4) for each alley
Or lane plus one (1)
additional space for each
One hundred (100) sq. ft.
Of the area used for
restaurant, cocktail
lounge or similar use
One (1) for each one
hundred (100) sq. ft. of
floor area used for the
activity
One (l) for each five (5)
persons capacity plus one
(1) for each four (4)
seats or one (1) for each
thirty (30) sq, ft, floor
area used for seating
purposes whichever is
greater
One (1) for each four (4)
seats
One (1) for each five (5)
seats
One (1) for each bed
One (1) for each two (2)
beds
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TYPE OF USE
d. Medical and dental clinics
e. Libraries, museums and
art galleries
PARKING SPACES REQUIRED
One (1) for every two
hundred (200) sq. ft.
floor area of examination,
treating room office and
waiting room
-One (1) for each four
hundred (400) sq. ft.
floor area
5. Schools (Public, Parochial or Private)
a. Elementary and junior high
schools
b. High schools
c. Business, technical and
trade schools
d. Colleges, universities
e. Kindergartens, child care
centers, nursery schools
and similar uses
7. Manufacturing
a. All types of
manufacturing, storage
and.wholesale uses
permitted in any
manufacturing district
b. Express, parcel delivery
and freight terminal
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Two (2) for each class-
room and one (1) for
every eight (8) seats in
auditoriums or assembly
halls
One (1) for every ten (10)
students and one (1) for
each teacher and employee
One (1) for each two (2)
students
One (1) for each four (4)
students
Two (2) for each class-
room but not less than
six (6) for the building
One (1) for every two (2)
employees (on the largest
shift for which the
building is designed)
plus one (1) for each
motor vehicle used in the
business
One (1) for every two (2)
employees (on the largest
shift for which the
building is designed) and
one (1) for each motor
vehicle maintained on the
premises
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Non -Conforming Uses
Non -Conforming Buildings and Structures:
A. Buildings and structures that do not conform to the regulations
or the nature of the Use Districts established by this Ordinance
which lawfully existed, or upon which construction had begun
under valid permits, on the effective date of this Ordinance,
or which are to be created in connection with a subdivision
under construction, the final plat of which was recorded within
five years prior to the effective date of this Ordinance, are
now conforming. Such buildings and structures may be maintained,
transferred and sold; provided however, that the Planning
Commission may, after hearing, recommend to the Council the
termination of a non -conforming use that creates substantial
danger to public health, safety and welfare.
B. Ordinary maintenance and repairs may be made to any
non -conforming building or structure, provided however, that no
structural alterations are made, the building or structure is
not enlarged, and the cost of work does not exceed 20
percent of the replacement cost of the building or structure
in any one year.
C. A non -conforming building or structure that is damaged or
destroyed may not be reconstructed other than in accordance
with the provisions of this Ordinance unless the cost of
reconstruction does not exceed 50 percent of the replacement
cost of such building or structure prior to the damage having
occurred, exclusive of foundations. Where reconstruction is
permissible, reconstruction shall be completed within one (1)
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year from the date of damage or destruction and the building
as reconstructed shall have no greater floor area than it had
prior to being damaged. Where reconstruction is prohibited,
the remaining portion of the non -conforming building or
structure shall be removed or brought into conformity with the
requirements of this Ordinance.
D. Any commercial building located on a lot of less than 6,000
square feet in the General Commercial District may be rebuilt
to its existing size subject to the condition that the front
setback line shall be enforced and the building size decreased
to provide for the setback.
Non -Conforming Uses
A. A non -conforming use of land, building, or other structures
may continue to the extent such use existed on the effective
date of this Ordinance or any amendments hereto, as provided
in this subsection; provided however, that the Planning
Commission may,, after hearing, recommend to the Council the
termination of non -conforming use that creates substantial
danger to public health, safety or welfare.
B. If any non -conforming use ceases for any reason for a continuous
period of twelve (12) calendar months, or for one season if
the use be seasonal, then such use shall not be resumed and
any use of the land and/or building thereafter shall be in
full conformity with the provisions of this Ordinance.
C If a non=conforming structure or a structure containing a
non -conforming use is destroyed by any cause to an extent
exceeding Rn percent of the replacement value, a future
structure or use on the side shall conform to this Ordinance.
1 D. Any building lawfully in existence and vacant at the time of
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adoption of this Ordinance may, within six (6) months thereafter„
be occupied by the use for which it was manifestly designed or
arranged.
E. Nothing contained in this Ordinance shall require any change
in the plans, construction, alteration, or designated use of
a structure for which a permit has been issued and construction
work has commenced prior to the adoption of this Ordinance,
except that if the building is non -conforming or is intended
for a non -conforming use it shall be completed and in use within
two years from the time the permit was issued.
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Enforcement, Legal Procedures and Penalties
A. Any person, firm or corporation, whether as principal, agent,
employee, or otherwise, violating or causing or permitting the
violation of any of the provisions of this Ordinance, shall be
guilty of a misdemeanor, and necessary legal proceedings,
criminal or civil, shall be undertaken to correct the violation
and punish the same.
B. Penalties
1. ,Each violation of these regulations shall be a misdemeanor.
Each day a violation continues after notification of
violation shall constitute a separate offense, and each
violation shall be punishable as provided in Section 18-113,
Idaho Code.
C. Penalties
1. In the event any action is taken or any construction
commenced in violation of the provisions of this Ordinance,
the proper authorities in addition of other remedies, may
constitute any appropriate action or proceeding to prevent
such unlawful action or construction, to restrain, correct
or abate such violation or to prevent any illegal act,
conduct,- business or use in or about such premises.
D. Filing Fees
Upon filing application for an amendment, Special Use Permit,
Zoning Permit, or for a variance, the applicant shall pay a
fee as determined by the City Council.
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1 E. Within thirty (30) days after a public hearing, the
2 Commission shall either approve, conditionally approve or
3 disapprove the application as presented. If the application
4 is approved or approved with modifications the Commission
5 shall list the specific conditions for approval,sending
6 one copy to the applicant and filing one copy with the City
7 Clerk.
8 F. Upon granting or denying any application the Commission
9 shall specify: .
10 1. The Ordinance and standards used in evaluating the
11 application.
12 2. The reasons for approval or denial.
13 3. The actions, if any, that the applicant could take to
14 obtain a permit.
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Signs Permitted. In an R
permitted:
Zone the following signs are
1. One name pate or home occupation sign for each dwelling
unit. The sign shall not be more than one and one-half square
feet in area.
2. One temporary sign advertising the sale, lease or rental of
the property on which it is located. The sign shall not be more
than six square feet in area.
3. One temporary sign advertising the sale of a tract of land or
subdivision or of lots in a subdivision. The sign shall not be
more than 42 square feet in area and shall be set back at least
30 feet from the street.
4. A sign identifying a conditional use. The sign shall not be
more than 25 square -fee.t in area and shall be set back at least
10 feet from the street.
In a C Zone signs are subject to the following restrictions:
1. Signs shall be limited to those identifying a business on the
premises.
2. A sign shall he set back at least 10 feet from a lot in a resi-
dential zone and 10 feet from a street.
3. Moving or intermittent flashing signs are prohibited.
4. The total area of ail signs shall not exceed one square fool for
each lineal foot of lot frontage on the street.
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AUG 2 6 1977
Domestic Agriculture - Livestock
Where the keeping of domestic agricultural animals is permitted
in a residential zone, the following standards shall apply:
a. Horses and Cattle. One head for the first one-half acre
and one head for each additional one-third acres (not
including sucklings).
b. Sheep. Five head of feeder sheep or three head of breeding
sheep for the first one-half acre and five head of sheep for
each additional one-half acre, (not including sucklings).
c. Poultry. 25 laying hens and 50 growing chickens for the
first one-half acre; additional chickens as determined in
each case by the zoning commission.
d. The keeping of goats or swine in a residential zone is
prohibited.
e. Animals shall be kept in such manner as not,:to constitute a
nuisance with respect to neighboring property.
f. No structure for housing or sheltering animals shall be
located nearer than 50 feet to an adjacent residential
use, not including the owner's place of residence.
g. When computing the area requirements for the keeping of
animals the minimum lot size shall be deducted from the total
parcel size. The remainder shall be the useful area for
computing the number of animals allowed.
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Definitions
Home Occupation - An occupation conducted in a dwelling unit,
provided that:
a. No person other than members of the family residing on the
premises shall be engaged in such occupation;
b. The use of the dwelling unit for the home occupation shall
be clearly incidental and subordinate to its use for
residential purposes by its occupants, and not more than 25
percent of the floor area of the dwelling unit shall be
used in the conduct of the home occupation;
c. There shall be no change in the outside appearance of the
building or premises, or other visible evidence of the
conduct of such home occupation other than one sign, not
exceeding one square foot in area, non -illuminated, and
mounted flat against the wall of the principal building;
d. No home occupation shall be conducted in any accessory
building;
e. No traffic shall be generated by such home occupation
in greater volumes than would normally be expected in a
residential neighborhood, and parking shall be met off the
street and other than in a required front yard.
f. No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or
electrical interference detectable to the normal senses off
the lot, if the occupation is conducted in a single-family
residence, or outside the dwelling unit if conducted in
other than a single-family residence. In the case of
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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
4 fluctuations in line voltage off the premises.
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