HomeMy Public PortalAboutDraft Zoning Ordinance 19700.0/1141.64)
'Section 1.00 Title Purpose and General Provisons 1
Section 2.00 Establishment of Districts 2
Section 3.00 Zoning Map 3
Section 4.00 Severability 5
Section 5.00 Application or Regulations 6
Section 6.00 Use Districts 7
Section 6.10 Agriculture District (A) 7
Section 6.20 Low Density Residential District (R) 8
Secti"on 6.40 Medium Density Residential District (R-1) 12
Section 6.60 Commercial District (C) 15
Section 6.70 General Commercial District (C-G) 18
Section 6.80 Industrial District (I) 21
Section 6.90 Open District.(0) 24
Section 6.100 Shoreline and River Environs District (W) 27
Section 6.110 Scenic Route District (S) 30
Section 7.00 Special Use Permits 31
Section 7.41 Planned Development 34
Section 8.00 Signs 39
Section 9.00 Permits, Application and Variances 40
Section 10.00 Supplementary Regulations 46
Section 10.10 General Requirements 46
Section 10.20 Exceptions 47
'Section 10.30 Off -Street Parking 47
Section 11.00 Non -Conforming Uses 52
Section 12.00 Enforcement 55
Zoning Ordinance for the City of McCall
1.00 Title Purpose and General Provisions
1:10 This ordinance shall be ,mown and may be citied and referred to as
the "Zoning Ordinance for the City of McCall". This Ordinance
is designed and enacted in accordance with Article 12, Section 2,
of the Constitution of Idaho and Title 67, Chapter 65, of the Idaho
Code which impowers the City to enact a zoning ordinance and to
provide for its administration, enforcement and amendment. It is
hereby adopted:
A. To maintain and promote the small town character and attraction
of the City of McCall and the natural beauty of the surrounding
open lands and lake shore present and future for residents and
visitors.
B. To ensure that all physical growth is carried out in an orderly
way and in sensitive relation to landscape, ecology and existing
urban character of McCall.
C. To regulate the use of buildings, structures, and land for
different purposes and to regulate the location, height, bulk
and size of buildings and structures.
D. To implement the intent and purpose of the adopted General Plan.
E. To facilitate the adequate provision of public services and to
promote and protect the health, safety and welfare of all residents
and visitors.
2.00 Establishment of Districts;
In order to carry out the provisions of this Ordinance, the incorporated
area of the City of McCall is hereby divided into the following categories
of major Use Districts and Special Districts:
Agriculture District A
Residential Districts
1. Low Density Residential R
2. Medium Density Residential R-1
Commercial Districts
1. Commercial C
2. General Commercial C-G
Industrial District I
Open District 0
Shoreline and River Environs District
Scenie Route District S
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3.00 Zoning Map:
3.10 The boundaries of these zoning districts and special districts are
hereby established as shown on the Zoning Map or Maps of the City
of McCall, Idaho, which Map or Maps are hereby made a part of this
Ordinance, up-to-date copies of which shall be placed and remain on
file in the office of the Planning Department.
3.20 Interpretation of Boundaries:
Where a district boundary line obviously does not coincide with the
property lines, lot lines or such center line as extended or where
it is not designated by dimensions of reference, it shall be deemed
to be located as follows:
A. Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to follow
such center lines.
B. Boundaries indicated as approximately following plotted lot lines
shall be construed as following such lot lines.
C. Boundaries indicated as approximately following jurisdictional
limits shall be contrued as following such limits.
D. Where a district boundary line divides a lot which was in single
ownership and of record at the time of enactment of this Ordinance,
the use authorized therein and the other district requirements
applying to the least restricted portion of such lot under this
Ordinance shall be considered as extending to the entire lot;
provided the more restricted portion of such lot is entirely
within 50 feet of said divided district boundary line. The use
so extended shall be deemed to be conforming.
E.. District boundary lines indicated as following railroad lines
shall be construed to be midway between the main tracks.
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F. District boundary lines indicated as following shorelines
shall be construed to follow such shorelines, and in the event
of change in the shoreline shall be construed as moving with
the actual shoreline boundaries indicated as approximately
following the center lines of streams, rivers, canals, lakes,
or other bodies of water, shall be coitrued to follow such
center lines.
4.00 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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5.00 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 requirements herein
specified for the district 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 mimimum requirements set forth herein.
5.10 Conflicting Provisions:
In the case of a conflict between the provisions of various sections
of the text of this Ordinance, the more stringent provisions shall
prevail.
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6.00 Use Districts
6.10 Agriculture District (A)
6.11 Purposes:
A. To protect the productive, scenic and open space .value of
agricultural and forest lands which lie in the City of McCall
and adjoining areas of Valley County from intrusion of urban
uses, fragmentation of ownerships and inflation of land values.
B. To maintain parcels of adequate size to permit effective
agricultural or forestry use.
C. To promote the orderly development of the City of McCall by
limiting and controlling the dispersal of residential and other
urban uses in agricultural or forest lands.
D. To protect adjoining districts from incompatible or objectionable
agricultural activities and to maintain environmental quality.
6.12 Permitted Uses
A. Agriculture (as defined)
B. Single family residential
d��J1✓ 4�`. C. Forest management, timber harvesting, and fish and wildlife
• p- '
management and protection
�t,tY1 D. Roadside stands offering for sale agricultural products produced
on the same premises
E. Accessory uses and structures
6.13 Special Uses and Their Accessory Uses Are Permitted in Accordance
With Section 7.00
A. Public Use
B. Semi -Public Use
C% Planned Development
6.14 Lot Size
A. One dwelling unit per ten acres; provided, however, that —no -
mere --than-- aur°-dwe-l-l-tag—uni ts—may—tre—de•ve-loped—onw-any—one-- Rarce.:l .
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B. The average length of any lot shall not be greater than four
(4) times its width.
6.15 Setback Requirement
A. Front yard setback shall be a minimum of twenty (20) feet.
Aot-4)(7
B. A side yard setback shall be a minimum of wive—( feet a --Qne
half the—heniight ofthe•-h4ghest—b•u-iTd4ng—wh ,che-ver-- is—peatex.
On a street side the required yard shall be a minimum of fifteen
(15) feet.
C. A rear yard setback shall be a minimum of ten (10) feet.
6.16 Minimum 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.
6.17 The Maximum Height of Any Building Shall Be Thirty Five (35) Feet
6.20 Low Density Residential District (R)
6.21 Purposes:
A. To establish standards governing the development, construction
and use of housing and the residential environment in urbanized
or partially urbanized areas of the City of McCall.
B. To provide and protect residential lands for conventional
single family housing and other uses beneficial to urban residential
development.
C. To provide opportunity for all groups of persons to obtain
adequate housing within each area of the City suitable for
residential use in relation to other land uses and consistent
with the preservation of natural, scenic and historic resources.
D. To encourage a variety of housing types, sizes and densities
necessary to meet the needs of all economic groups and to avoid
environmental monotony detrimental to the quality of life.
6.22 Permitted Uses:
A. Single family detached and attached dwelling units at no more
than four units per acre.
B. Home occupations (as defined)
C. Accessory uses located on the same premises as permitted uses,
such as private garages and the use of land for domestic agricul-
tural purposes defined in Section 10.
6.23 Special Uses and Their Accessory Uses Are Permitted in Accordance
With Section 7.00
A. Compatible limtcommerci_al--usesa °such-e°sAoffices,-afrd-
, ryeigh.boxh.oad_canvani-ence- retal 1- stofes, not exceeding 1,000 square
feet in floor -area-.•
B. Dormitories, guest and boarding houses, but not hotels and motels.
C. Public and private parks not for overnight use, and hiking,
biking, riding and skiing trails and casements.
L� D. Public use
E. Semi-public use
F. Planned development
6.24 Lot Size For Uses Other Than Attached Single Family Dwellings.
(See Section 6.27 For Lot Size Requirements of Attached Single Family
Dwellings.)
A. Lot Area:
1. The minimum awe -lot area shall be 10,000 square feet.
2-.--Nc-1-at--srhe-ll-be 1-ess-Ethan 73500-sgtra°re-feet.
B. Lot Width:
1. Minimum -a-ve.na=ge lot width shall be sixty (60) feet.
2.J o 1-ot -shall--be"Tes„s- than fifty T5Ci feet7iIT7-w ,dth .
3. The pole section of a flag lot shall not be less than twenty
(20) feet in width.
C. Lot Length:
1. The average length of any lot shall not be greater than three
(3) times the average width.
2. The maximum length of the pole portion of a flag lot shall
be 150 feet.
6.25 Setback Requirements:
A. A front yard setback shall be a minimum of•twenty_(20) feet.
B. A side yard setback shall be a minimum of 44-ve45-) feet or --one
faa_1_f the_hei•ght---of— theT-highest—bu l-ding—whtch-eveff is"'greater.
On a street side the required yard shall be a minimum of fifteen
(15) feet.
C. A rear yard setback shall be a minimum of ten (10) feet.
6.26 Minimum 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.
6.27 Single Family Attached Dwellings:
A. Lot Area:
A d '°:°
1. The minimum &ver-a•ge lot area shall be •,V 000. square feet.
2. No lot shall be less than 3,000 square feet.
B. For every two lots, there shall be permanent open space in common
ownership and readily acessible to each single family attached
lot usable for recreation and community activities. The open
space shall not include streets, driveways and parking, and shall
be equal to no less than twenty five percent of the total area
of all single family attached lots.
G. Lot Width:
1. The minimum average lot width shall be thirty five (35) feet.
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2. No lot shall be less than thirty (30) feet in width.
D. Lot Length:
1. The average length of any lot shall not exceed four (4) times
its average width.
6.28 Setback Requirements
A. Front yard setback shall be a minimum of twenty (20) feet.
B. A side yard setback shall be minimum of five (5) feet or one half
the height of the highest building, whichever is greater. On
a street side the required yard shall be a minimum of fifteen
(15) feet. The minimum setback from property lines between single
family attached dwellings within the same subdivision shall be
either less than six (6) inches or greater than five (5) feet.
C. A rear yard setback shall be a minimum of fifteen (15) feet unless
a maintenance easement is required in which case minimum rear
setbacks shall be twenty five (25) feet.
1. Maintenance Easements:
Easements shall be provided for maintenance access to the
rear or exposed sides of all single family attached lots
which do not have exterior access. Side access easements
shall be not less than five (5) feet and rear access easements
shall be not less than ten (10) feet.
6.29 Distance Between Buildings:
A. When the parallel walls of two or more single family attached
units are not over one foot apart, they shall be considered as
one building in determining the minimum distance between buildings.
B. The minimum distance between units shall be five (5) feet where
buildings are side to side, twenty five (25) feet where buildings
are rear to rear, and twenty five (25) feet in all other cases.
6.30 Maximum Building Height
The maximum height or any building shall be thirty five (35) feet.
6.40 Medium Density Residential District (R-1)
6.41 Purposes:
A. To establish standards governing the development and use of housing
and compatible uses in areas of McCall which already contain, or
are suitable for, moderately intensive residential use.
B. To preserve the environmental quality of areas which attract more
intensive residential use for the benefit of all residents and
visitors.
To,.p.rovide ,opportunity. for all groups of persons to obtainadequate
housing within each, Area of 'the City suitable for residentia
use in relation to other land uses and consistent with the preserva-
tion of natural, scenic and historic resources.
6.42 Permitted Uses:
A. Single family attached and detached dwelling units at densities
of no more than eight dwelling units per acre.
B. Home occupation (as defined)
C. Accessory uses location on the same premises: as permitted uses,
such as private garages and the use of land for domestic
agricultural purposes defined in Section 10.
D. Dormitories, guest and boarding houses, but not hotels and motels.
6.43 Special Uses and Their Accessory Uses Are Permitted in Accordance
With Section 7.00 '
a
A. Compatible 1 mi tedy-commer-ci-al--use°s`; -such--al o fi ces and neighbor-
hood can -ye nience—retail—stores not exceeding 1,000 square feet
in floor area.
B. Public and private parks not for overnight use, and hiking, biking
riding and skiing trails and casements.
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C. Multi family dwelling
D. Public use
E. Semi-public use
F. Planned developments
6.44 Lot Size For Uses Other Than Attached Single Family Dwellings (See
Section 6.47 For Lot Size of Attached Single Family Dwellings.
0 A. Lot Area:
1. The minimum evera-ge lot area shall be 10,000 square feet.
2 .- - No l ot--sbal1-----be-= l-es-s than�F7-; 500,squa:re—feet .
B. Lot Width:
1. Minimum average lot width shall be sixty (60) feet.
2. No lot shall be less than fifty (50)' feet in width.
3. The pole section of a flag lot shall not be less than twenty
(20) feet i&d ,taW6).
6.45 Setback Requirements:
A. Front yard setback shall be a minimum of twenty (20) feet.
B. A side yard setback shall be a minimum of five (5) feet or one
half the height of the highest building whichever is greater.
On a street side the required yard shall be minimum of fifteen
(15) feet.
C. A rear yard setback shall be minimum of ten (10) feet.
6.46 Minimum 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.
6.47 Single Family Attached Dwellings:
A. Lot Area:
1. The minimum average lot area shall be 4,000 square feet.
2. No lot shall be less than 3,000 square feet.
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B. For every two lots, there shall be a permanent open space in common
ownership and readily accessible to each single family attached
lot usable for recreation and community activities. The open
space shall not include streets, driveways and parking, and shall
be equal to no less than twenty five _percent of the total area
of all single family attached lots.
C. Lot Width:
1. The minimum average lot width shall be thirty five (35) feet.
2. No lot shall be less than thirty (30) feet in width.
D. Lot Length:
The average length of any lot shall not exceed four (4) times its
average width.
6.48 Setback Requirements
A. Front yard setback shall be a minimum of twenty (20) feet.
B. A side yard setback shall be a minimum of five (5) feet or
one half the height of the highest building, whichever is
greater. On a street side the required yard shall be a minimum
of fifteen (15) feet. The minimum setback from property lines
between single family attached dwellings within the same sub-
division shall be either less than six (6) inches or greater than
five (5) feet.
C. A rear yard setback shall be minimum of fifteen'(15) feet unless
a maintenance easement is required in which case minimum rear
setbacks shall be twenty five (25) feet.
1. Maintenance Easements:
Easements shall be provided for maintenance access to the
rear or exposed sides of all single family attached lots
which do not have exterior access. Side access easements
shall be not less than five (5) feet and rear access easements
shall be not less than ten (10) feet.
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6.49 Distance Between Buildings:
A. When the parallel walls of two or more single family attached
units are not over one foot apart, they shall be considered
as one building in determining the minimum distance between
buildings.
B. The minimum distance between units shall be five (5) feet where
buildings are side to side, twenty five (25) feet where buildings
are rear to rear, and twenty five (25) feet in all other cases.
6.50 Maximum Building Height
The maximum height of any building shall be thirty five (35) feet.
6.51 Commercial Buildings Shall Meet the Requirements Set Forth in Section
6.60
6.60 Commercial District (C)
6.61 Specific Purposes:
A. To encourage and regulate commercial and public and private
business activities appropriate to the City of McCall distributed
so as to supply goods and services to residents and visitors
in a convenient and efficient manner.
B. To allow certain non-commercial uses in keeping with the desired
environmental quality of McCall, pending preparation of the Plan
for the Specific Plan Area.
C. To assure that commercial and business development and uses will
not detract from the environmental qualities of the surrounding
areas.
6.62 Permitted Uses:
.> Dwel.l ng___unats--accessory—to—other-- perat ;ted-uses
B.. Retail stores
C. Department stores
6��
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D. Eating and drinking places
E. Indoor recreation
F. Service stations
G. Banks and financial institutions
H. Professional offices and buildings
I. Business and personal services
J. Hotels and motels
K. Public parks, hiking, riding, biking and skiing trails and
easements
6.63 Special Uses Permitted in Accordance With Section 7.00
A. Uses which are found to be appropriate and similar in nature may
be permitted.
B. Public use
C. Semi-public use
D. Planned development
6.64 Lot Size:
A. The minimum lot area that may be created or developed shall be
6,000 square feet.
B. Lot Width:
Minimum average lot width shall be sixty (60) feet.
C. Lot Depth:
Minimum average lot depth shall be one hundred (100) feet.
6.65 Setback Requirements:
A. A-f-r-ontt yard -setback shal-l-be-minimum-of-fi-fteen°•-(15)= feet:-- This -
area shall... -be 1 andscaped.
B. A -street side-ya-r-d-shall--be- a -minimum of -fifteen (15)---feet.
C. A rear yard shall be a minimum of ten (10) feet.
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6 66 Maximum Building Height:
No building shall exceed thirty five (35) feet in height measured
from the ground level of the primary building entrance.
6.67 Lot Coverage:
A. The amount of land covered by buildings and pavement, shall not
exceed eighty (80) percent of the lot or parcel.
6.68 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 thoroughfares
by a fence, wall or plant screen not less than four (4).feet
high; provided, however, that the screening 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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F. The Planning Commission should encourage the dedication of
public access -ways not less than ten (10) feet in width to
publicly owned land or waters and should encourage the preservation
of all historic and archaeologic sites, known or discovered on
the parcel subject to development.
6 70 General Commercial District (C-G)
6.71 Specific Purposes:
A. To designate areas suitable for commercial and public or private
business activities distributed so as to supply goods and services
to the public in a convenient and efficient manner.
B. To relate commercial and business activities to established or
projected transport, utility and community patterns so that they
may contribute to the general health, safety and welfare of the
public.
C. To assure that commercial and business development and uses will
not detract from the environmental qualities of the surrounding
areas.
D. The General Commercial District may accommodate a greater variety
of goods and services than is permitted in the Commercial District
and may include certain non -objectionable service activities which
are semi -industrial in character, subject to a use permit.
6.72 Permitted Uses:
A. Single family dwelling unit
B. Dwelling units accessory to other permitted uses
C. Retail stores
D. Department stores
E. Eating and drinking places
F. Indoor recreation
G. Service stations
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H. Banks and financial institutions
I. Professional offices and buildings
J. Business and personal services
K. Hotels and motels
L. Public parks, hiking, riding,biking and skiing trails and
easements
6.73 Special Uses Permitted in Accordance With Section 7.00
A. Retail and service commercial uses which are semi -industrial in
nature may be permitted.
B. Uses which are found to be appropriate and similar in nature may
IA permitted.
C. Public use
D. Semi-public use
E. Planned development
6.74 Lot Size:
A. The minimum lot area that may be created or developed shall be
8,000 square feet..
B. Lot Width:
Minimum average lot width shall be one hundred (100) feet.
C. Lot Depth:
Minimum average lot depth shall be one hundred (100) feet, but
not greater than four (4) times the average width.
6 75 Setback Requirements:
A. A front yard setback shall be a minimum of fifteen (15) feet. The
area shall be landscaped.
B. A street side yard shall be a minimum of fifteen (15) feet.
C. A rear yard shall be a minimum of ten (10) feet.
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6 76 Maximum Building Height:
No building shall exceed thirty five (35) feet in height measured
from the ground level of the primary building entrance.
6.77 Lot Coverage:
The amount of land covered by buildings and pavement, shall not
exceed eighty (80) percent of. the lot or parcel.
6.78 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 constuction
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 thoroughfares
by a fence, wall or plant screen not less than four (4) feet
high; provided, however, that the screening 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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F. The Planning Commission should encourage the dedication of public
access -ways not less than ten (10) feet in width of publicly owned
land or waters and should encourage the preservation of all historic
and archaeologic sites, known or discovered on the parcel subject
to development.
6.80 Industrial District (I)
6.81 Specific Purposes:
A. To provide and protect lands conveniently located to existing
and potential transportation routes for the grouping of heavy
commercial, warehousing, processing and manufacturing uses that
are not compatible with the permissible activities in the Commercial
or Residential Districts.
B. To regulate and control development, construction, and organization
of land for those uses.
C. To ensure that industrial uses are not detrimental to any bordering
residential commercial, agricultural or open district and do not
interfere with the operation of the airport.
6.82 Permitted Uses:
A. Light manufacturing and processing
B. Distribuing
C. Service
D. Research and Development
E. Dwelling units accessory to other permitted uses
F. Retail stores
G. Department stores
H. Eating and drinking places
I. Indoor recreation
A. Service stations
K. Banks and financial institutions
L. Professional offices and buildings
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M. Business and personal services
N. Hotels and motels
O. Public parks, hiking, riding, biking and skiing trails and
easements
P. Agriculture (as defined)
Q. Single family residential
R. Forest management, timber harvesting,and fish and wildlife
management and protection
S. Roadside stands offering for sale agricultural products produced
ccessory'uses and structures
6.83 Special Uses and Their Accessory Uses Are Permitted in Accordance
With Section 7.00
A. Public use
B. Semi-public use
C. Planning development
6.84 Lot Size:
A. The minimum lot area that may be created or developed shall be
10,000 square feet.
6.85 Setback Requirements:
A. A front yard setback shall be minimum of thirty five (35) feet.
B. A side yard and rear yard setback shall be a minimum of ten (10)
feet, except twenty (20) feet when abutting on a residential
district.
C. The minimum street side setback shall be thirty five (35) feet.
6.86 The Minimum Distance Between Buildings
fhe minimum distance between detached buildings on the same parcel
shall be ten (10) feet.
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6 87 Building Height:
No building or portion thereof shall exceed thirty five (35) feet
in height.
6 88 Lot Coverage:
The amount of land coverage created, including buildings and pavement,
shall not exceed eighty (80) percent of the lot or parcel area;
6 89 Conditions of Use
The following conditions shall apply.
A. The minimum driveway width in the Industrial 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 edge may be located closer than five
(5) feet from the right-of-way line of a public street.
2. No part of parked vehicles shall protrude into that setback.
3. All parking lots shall be screened from public thoroughfares
by a fence, wall or plant screen not less than four (4) feet
high, provided, however, that the screening height shall be
lowered to the standard as required under the County Traffic
Code and/or to the standards of the City Engineer.
C. A sight -obscuring fence or other suitable screening shall be
required where a proposed commercial or industrial use abuts the
side or rear yard of,any .property in a.residential .district.
..
Such fence shall be six (6) feet in height except in the required
front yard where it shall be not more than thirty-six (36) inches
in height.
D. All uncovered area shall be landscaped.
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E. All industrial development accessible to a public sewer shall
provide for sanitary sewer facilities in accordance with
standards established by the State Board of Health.
F. The Planning Commission should encourage the dedication of public
accessways not less than ten (10) feet in width to publicly
owned land or waters and should encourage the preservation of
all historic and archaeologic sites, known or discovered on the
parcel subject to development.
..90 Open District (0)
W6.91 Purposes:
A. To preserve, maintain or improve the essential characteristics
of land and water areas that are:
1. Of significant value to the public as scenic or recreation
resources.
2. Important to the overall structure and organization of urban
areas and which provide access to usable open areas for active
recreational, scenic and esthetic purposes.
B. To identify those lands susceptible to future development pursuant
to the preparation of specific plans indicating the impacts of
the proposed land uses as required under Section
C. To preserve, maintain, or improve the essential functions of
physical and ecological system and features which significantly
affect the general health,safety and welfare and recreational
opportunities of the public.
D. To define and regulate use and development within areas which
may be potentially hazardous.
E. To guide development in a manner which makes wise and prudent
use of the City's open space and natural resources.
24
L _-1
F. To include areas indicated on the County General Plan as open
or as parks.
6.92 Permitted Uses:
A. Single family dwelling provided public sewer is available.
B. Public parks and day use recreation areas.
C. Hiking, riding and snowmobiling trails and other public easements
D. Undeveloped campgrounds
E. Developed campgrounds, travel trailer parks and church camps
F. Outdoor recreation concessions
G. Recreation equipment rental.
H. Agriculture
6.93 Special Uses and Their Accessory Uses Are Permitted in Accordance
With Section 7.00
A. Public use
B. Semi-public use
6.94 Lot Size:
A. The minimum lot area that may be created or developed shall be
(2)
square feet.
B. Minimum average lot width shall be (7) feet.
6.95 Setback Requirements:
A. A front yard setback shall be a minimum of feet.
B. A side yard and rear yard setback shall be a minimum of
feet, except feet when abutting on residential district.
C. The minimum street side setback shall be feet.
6.96 The Minimum Distance Between Buildings
The minimum distance between detached buildings on the same parcel
shall be feet.
25
6 97 Building Height:
No building or portion thereof shall exceed thirty five (35) feet
in height.
6 98 Lot Coverage:
The amount of land coverage created, including buildings and pavement,
shall not exceed thirty (30) percent of the lot or parcel area.
6 99 Conditions of Use:
The following conditions shall apply.
A. For any permitted use, other than agriculture in this District:
1. Land coverage shall not exceed thirty (30) percent of the
total area.
B. At least fifty (50) percent of the total parcel area shall be
maintained in a manner which preserves existing natural vegetation;
provided, however, that if less than fifty (50) percent of the
total parcel area contains existing natural vegetation all such
existing natural vegetation shall be preserved.
C. All uncovered land shall be planted and vegetated in a manner
which is usually and ecologically compatible with existing
vegetation.
D. No use shall have a significant adverse environmental impact upon
natural vegetation or the survival of valuable wildlife or change
the amount of water, sediment or pollutants caused by any stream
or waterway in the Payette Basin.
E. Where more than one dwelling unit is proposed on a parcel in
single ownership or control, clustering of those units and
construction of joint accessways shall be encouraged.
F. The Planning Commission may require dedication of adequate public
accessways not less than ten (10) feet in width to publicly
owned land or waters.
26
G. Parcels no more than ten (10) acres may not be subdivided.
H. Parcels larger than ten (10) acres may be subdivided, provided
each parcel thereby created is ten (10) acres or more.
I. Development standards applicable in the Open District shall be
the same as those established in the Low Density Residential and
Commercial Districts (Section 6.20 and 6.60).
6.100 Shoreline and River Environs Districts (W)
6.101 Purpose:
A. To regulate development and alterations to the shoreline of
Payette 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.
6.1C2 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 back from the
apparent high water water line or one hundred fifty (150) feet
from the top of the bank that describes the flood plain delineated
on the Physical Constraint Map, whichever is greater, on each
side.
6.1C3 Permitted Uses:
All those uses permitted in the Use Districts upon which the Shoreline
District is superimposed shall be permitted proved they satisfy the d
^ �v
Fyi /
27 'J
special conditions set for this section, except that:
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.
C. Development of dwelling units, accessory buildings or other
buildings or structures shall be set back,seventy five (75) feet
or 1/3 of the property depth from the high water line of Payette
Lake.
D. Development shall be prohibited within fifty (50) feet of the
apparent high water level of the Payette River or closer to the
River than the limit of existing structures.
6 104 Requirements for Development
No Zoning, Conditional Use or Building permit shall be issued, nor
shall any use requiring the development, grading or alteration of
any portion of this.District be permitted, unless the applicant
establishes conformity with the requirements of this Section.
A. Development on the Shoreline, Riverfront or Within Water Areas:
1. No construction, alteration or activity shall cause harm to:
a. Water quality
b. Fish and aquatic habitats
c. The natural beauty of the Lake or River
d. Navigation, safety or health
2. a. Floating piers or piers on pilings shall be used to provide
access to boats, rather than dredging, whenever possible.
b. Where marinas, docks or piers are permitted, they shall
be located in areas where dredging can be minimized.
c. Where a barrier wall is required in connection with a
marina or dock, it shall be carried deep enough below
the botton to prevent movement of back -fill materials
into the water.
d. Materials used to stabilize the botton of the marina,
dock harbor or pier structures shall be chemically inert
sand, gravel, or similar substances.
e. Restrooms, pump -out facilities for boat sewage receptacles,
and trash receptacles for other boat wastes shall be
provided at a marina or dock.
3. Any development application within the Shoreline District
shall be accompanied by a topographic survey and all available
flood data, pending establishment of the one hundred year
flood plain.
B. Development Landward of the Shoreline or Beyond the River Banks:
1. Any construction, alteration or use in this portion of the
Shoreline District shall require a Conditional Use Permit
which shall regulate in each case.
a. Distance between buildings to preserve open views
b. Park or trail dedication or easements
c. Building width and height to preserve open views
2. No development, alteration or use, other than single family
dwelling units on lots or parcels of record as of the date
of this Ordinance, shall be permitted which would:
a. Block views of Lake or River from nearest frontage street
for more than 50 percent of the lot width parallel to
the shoreline.
b. Create lot coverage in excess of fifty percent.
c. Be finished in a manner clearly in conflict with the
general desire for natural, earth -toned finishing
materials.
C. Procedure:
The Planning Commission shall approve, approve withconditions
or deny the permit.
6.110 Scenic Route District (S)
6.111 Purpose:
To preserve, maintain and improve visual access from major public
thoroughfares and to improve the visual quality of existing thorough-
fares and adjacent uses, and control the visual and land use quality
of future development.
6.112 Lands Included:
The Scenic Route District shall include the right-of-way of State
Highway 55 and of its bypass, when constucted,,, and structures within
fifty (50) feet of the right-of-way on each side.
6.113 Requirements for Development:
A. The Administrator may require the applicant to furnish graphic
or pictorial material sufficient to indicate the nature of the
proposed use, type of structure, finish materials and proposed
signing, and an indication of views obscured by the structure.
B. The Administrator shall ascertain whether the proposed develop-
ment, structure or use will:
1. Block or disrupt the visibility of significant views or features.
2. Be compatible, in terms of setback, bulk, height, design,
finish materials signing and landscaping, with its immediate
context and the desired visual quality of the scenic route.
C. Procedure:
The Planning Commission shall approve, approve with conditions
or deny the permit.
30
7.00 Special Use Permits
7.10 Purpose:
The purpose of the "Use Permit" procedure is to assure the proper
integration into the community of uses which may be suitable only
in specific location, or only under certain conditions, or only if
such uses are designed, arranged and/or conducted in a particular
manner, and to prohibit such uses if such proper integration cannot
be assured.
7.20 When Required:
A. No person shall commence or carry out any of the following uses
or activities, or any other use or activity for which a special
Use Permit is required by this Ordinance, without first obtain-
ing a Special Use Permit:
1. Airports, heliports and landing strips
2. Bulk Storage
3. Commercial developments covering three or more acres
4. Commercial forest products removal
5. Commercial parking lots
6. Construction in stream channels
7. Developed camp grounds
8. Electric power plants
9. Electrical substations
10. Public services
11. Sewage treatment plants and transfer stations
12. Hotels and motels and apartment houses of five or more units
13. Marinas
14. Medical facilities
15. Mobile home parks
16. Organized recreation camps
31
17. Outdoor amusement facilities
18. Outdoor recreation concessions
19. Overhead or underground utilities, but excluding service
connections
20. Water storage tanks and reserviors
21. Water treatment plant
22. Planned development
23. Quarries
24. Recreation vehicle park
25. Radio, TV and telephone relay stations, transmission lines
and structures
26. Skiing facilities
27. Transportation facilities
28. Wrecking yards
29. Religious facilities
30. Highways, roads and related structures
7 30 Application:
An application for a Special Use Permit shall be filed and processed
according to the following procedure:
The applicant shall file a written application on a formprovided
by the Administrator. Such application shall 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 the
following information:
a. Relationship of the proposed development to the com-
prehensive plan.
b. The relationship of the property to the surrounding area.
c. The plan of subdivision or resubdivison, if any.
d. Land uses, building locations, and number of dwelling
units.
e. The arrangement of streets and pedestrian ways.
f. The location of off-street parking spaces.
g. The location of public or communal open space.
h. Plans for site grading and landscaping.
i. Plans for water supply, sewage disposal, and storm water
drainage.
j. Such additional information as the zoning commission may
request.
3. If public hearings, advertising costs or other expenses
attributable to the project for which a permit is requested
will be involved a deposit of a sum approximating the
anticipated costs may be required.
7.40 Standards:
A. A Use Permit may be granted only if the Planning Commission finds
that the establishment, maintenance, or operation of the con-
struction, development, activity or use in the particular case:
1. Is not detrimental to health, safety, peace, morals, comfort
and general welfare of persons residing or working in the
neighborhood of such proposed use.
2. Is not detrimental or injurious to property and improvements
in the neighborhood or to the general welfare of the community,
and will not cause any substantial harmful environmental con-
sequences on the land of the applicant or on other lands or
waters, and will not be inconsistent with the intent of this
Ordinance and the General Plan.
33
3. That the location of the proposed use is compatible with
other land uses in the general area, and does not place an
undue burden on existing transportation and service facilities
in the area.
4. That the site is of sufficient size to accommodate the proposed
use and all the yards, open space, walls, fences, parking
areas, loading areas, and design standards applicable to such
use as required by this Ordinance.
5. That the site will be served by streets of capacity sufficient
to carry the traffic generated by the proposed use.
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
noise, vibrations, and other potentially or objectionable
elements.
3. Limits on the maintenance and operation and on the time of
day for the conduct of specified activities.
4. The period within which the permit shall be exercised or
otherwise lapse.
5. Guarantees as to compliance with the terms of the approval.
6. Approval of building appearance and landscaping.
7. Limits on the type and amount of traffic, off-street parking,
condition and width of adjoining streets, and access.
7.41 Planned Development
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.
34
7.42 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 owner-
ship of one person or cooperatively joined for the purpose
of development.
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 develop-
ment 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.
7.43 Lands Included:
A. Any land area twenty acres or more in single ownership or control
whose development is propused and which:
1. Lies in a Residential, Commercial or Industrial District.
2. Has received tentative rezoning approval from an Agricultural
District.
B. All proposed developments including twenty or more units.
C. All proposed multi -family residential developments.
7.44 Uses, Structures and Developments Permitted:
A. Any use, structure or development that is permitted in the Use
District in which the land of the applicant is located, and any other
use, structure or development subordinate to, or in support of,
such uses may be allowed if it is demonstrated that such
subordinate or supportive use, structure or development is:
Compatible ''and "'complementary 'to"the''generally .'` permitted uses'"
and to public health, safety and welfare.
2. Compatible and complementary to uses on lands adjacent to
the project development site and to uses in the general vicinity;
and will not create conditions that overload existing transport
systems, utility systems or other public facilities.
7.45 Requirements for Planned Development Use Permits:
A. The applicant shall submit drawings and plans comprising a general
development plan covering the entire parcel that shows: uses,
dimensions and locations of proposed structures, widths, alignments
U and improvements of proposed streets, pedestrian and drainage
V
JJ 1:(c ways, how the property could be divided for individual parcel
�' sale, parking areas, public uses, landscaping and open spaces,
a schedule of development, architectural drawings demonstrating
the design and character of the proposed buildings and uses, and
u
any otherinformation of plans deemed necessary by the Administrator.
B. The applicant shall substantially commerce construction of the
development within one year from the date of full approval, and
shall demonstrate that the development will be completed within
the schedule furnished with the application.
C. The applicant shall demonstrate, and the Planning Commission must
find, that the proposed planned development substantially conforms
to the intent of the General Plan.
D. The Planning Commission must find that the planned development
will create an environment of substainable desirability and stability,
shall be compatible with the character of the surrounding neighbor-
hood.
E. A permit may not be granted for any commercial development which
will create any substantial traffic congestion, will interfere
with any projected public improvements, and which does not include
adequate provisions for entrances and exits, internal traffic
and parking, or will create adverse effects upon the adjacent
and surrounding existing or prospective development.
F. All industrial developments included in a project development
hall be inconformity with performance standards establishe
in Section'6.80' and 'by`A the City Engineer'; shall `"constitute" a
efficient and well organized development with adequate provisions
for freight service and necessary storage, and shall not create
adverse effects upon adjacent and surrounding existing or
prospective development.
G. The applicant shall demonstrate and the Planning Commission must
find that the development is a harmonious, integrated whole and
that the contemplated arrangements or uses justify the application
of regulations and requirements differing from those ordinarily
applicable in the Use District in which the land is located, except
that the requirements of the Shoreline and River Environs and
the Scenic Route Districts shall stand.
H. Conditions attached to the Planned Development Permit, in addition
to the requirements previously stated, may include:
1. Controlling the sequence and timing of development.
2. Designating the exact location and nature of development.
3. Requiring the provision for either on or off site public
facilities or services.
4. Assuring proper maintenance of development.
7 46 Permit Procedure:
A Permit shall be issued in accordance with the procedure set forth
in Section 7.00. The issuance of a Project Development Permit
37
does not establish a precedent binding the Planning Commission to
similar action at some future time or on some future development
proposal. The Project Development Permit is not transferable.
7 50 Re -application
When a Special Use Permit is denied by the Administrator and no appeal
is taken, or is denied by the Planning Commission, an 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.
8.00 Signs
8.10 Purpose:
To establish standards for signs which will add to rather than detract
from the visual quality of the City of McCall.
8.20 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.
i•
39
9.00 Permits, Applications and Variances
9.10 Zoning Permits
9.11 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 hereafter be erected or altered, nor shall the use of any land
or structure be changed, without first obtaining a Zoning Permit.
9.12 Application:
A. The applicant may file a written application on a form provided
by the Administrator. 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 exist-
ing and proposed structures yards and parking areas and any
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 Administrator.
4. If public hearings, advertising costs or other expenses
attributable to the project for which a permit is requested
will be involved a deposit of a sum approximating the anticipated
costs may be required and all such costs shall be paid there-
from.
B. The Administrator or his designee shall check the application
and all data submitted therewith to see that all provisions,
purposes and standards of this Ordinance will be complied with.
40
If such compliance is established, he shall issue the permit and
keep a written record of his findings and action. The Administrator
may request additional information in order to make a determination
where necessary. If the application does not comply with the
provisions of the Ordinance, the Administrator shall deny the
application for a Zoning Permit, setting forth his reasons in
writing. Zoning Permits shall become invalid one year from the
date of issuance if the proposed use or construction has not
commenced or does not continue at a reasonable rate.
9.20 Special Use Permit:
9.21 Application:
An application for a Special Use Permit may be filed, with an applica-
tion for a zoning permit and a single application may be used for
both permits in such cases. The application shall contain the
information required by Section 7:00.
9.22 Procedure:
A. The Administrator shall set the date for a public hearing in
accordance with provisions contained in Section 9.30. Notices
of Public Hearings shall be made in accordance with provisions
contained in Section 9.30.
B. The Commission shall hear and take action upon each Special Use
application accordance with provisions contained in Section 9.30.
C. Use Permits may be revoked by the Commission after due hearing
if such action shall be necessary to effectuate the purpose of
this Ordinance.
9.30 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
41
application in duplicate, including a map drawn to scale with
a point and setting forth the area requested to be changed and
such further information as the Commission upon examination of
the application may require.
B. In the case of a proposed reclassificatio n'of land in the
Agricultural District, the applicant or applicants shall be
required unless the requirement is waived by the Commission to
submit an impact study, independently prepared, and covering
the social, economic, fiscal and environmental impacts of the
loss of such open or agricultural land and of the generally
proposed use or uses.
C. The application shall include a map showing all parcels of land
lying within a three hundred (300) foot radius of the exterior
boundaries of the the parcel together with a list in duplicate
of the names and addresses of the last known owner of record of
each lot or parcel. The Commission shall hold at least one
public hearing on each application and shall give public notice
of such hearing in a newspaper of general circulation. The
Commission shall also make available a notice to other papers,
radio, and television stations serving the jurisdiction for use
as a public service announcement. The date for such public hearing
shall be fixed by the Commission within a reasonable time and
in every case at least fifteen (15) days prior notice shall be
given the public and in no case shall the date set be later than
forty (40) days after receipt of the application and all necessary
documents pertinent thereto, in accordance with the rules of
procedure of the Commission. Notice shall also be given by U.S.
Mail, or personal delivery to each property owner whose name and
address appears on the list accompanying such application, which
42
notice shall give the date, time and place of hearing, the name
of the applicant, the relief sought, an identification of the
subject property, and such other facts as may prescribed by the
Commission. The failure to mail, or the failure of the applicant
to submit a complete list shall in no way affect the validity of
such proceedings; provided that such failure shall have occurred
in good faith.
D. At every hearing before the Commission, the Commission shall hear
all persons interested in the subject matter. The Commission
shall file with the City Clerk a written report stating its
recommendation to the City Council.
E. At its next regular meeting after the Commission has filed its
recommendation with the City Clerk, the City Council shall set
a date, time and place to hold a public hearing on the applica-
tion and shall publish such notice using the same notice and
hearing procedure as the Commission.
F. No application for a reclassification of any property which has
been denied shall be resubmitted in either substantially the
same form or with reference to substantially the same form or with
reference to substantially the same premises, for the same
purposes within a period of one year from the date of such final
action.
9.40 Variances
9.41 Authority:
The Planning Commission may grant variances from the specific detailed
provisons of this Ordinance. Such variances shall not be a right
or a special privilege but applied only when sufficient reasons exist
in such particular cases as set forth below.
43
9.42 Standards:
A. Variances from the terms of this Ordinance shall be granted only
upon a showing of under hardship by the applicant and if it is
found that because of special circumstances applicable to this
property, including size, shape, topography, location, traffic
condition, or surroundings, strict application of the use
regulations:
1. Deprives such property of privileges enjoyed by other property
in the vicinity.
2. Would render the land economically useless.
3. Would clearly not be in the public interest.
B. Where such conditions are found, the variance permitted shall
be the minimum departure from existing regulations necessary to
avoid such deprivation of privileges enjoyed by such other property
and to facilitate a reasonable use, and which will not create
significant probabilities of harm to property and improvement
in the neighborhood or of substantial harm to property and
improvements in the neighborhood o.r—afsub-stanti-a-l--harm_to_pr-ape-rty
and impnevement-s.—i-n the--neith-l.D-orhe d—or of substantial harmful
environmental consequences. In no case may a variance be granted
that will provide the applicant with any special privileges not
enjoyed by other properties in the vicinity.
9 43 Application:
An application for a Variance shall be filed, whenever feasible,
together with the application for the required Zoning Permit and
a single application shall be used for both permits in such cases.
The application shall contain the information required pursuant
to Section 7.30 and other information justifying the issuance
of the variance.
44
9.44 Fees:
There shall be no additional filing and processing fee for a variance
application filed in conjunction with an application for a Zoning
Permit.
9.45 Procedure:
The Administrator, or his designee shall check the application and
shall prepare a report indicating reasons for supporting or denying
the application. The report shall be sent to the Planning Commission
and the applicant. 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.
9.50 Environmental Impact
The administrator 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, material or activity which
constitutes a potential threat to public health, safety and welfare
or to the quality of the environment. When requiring such a statement
the precise nature of the items that the Environmental Impact
Statement shall cover shall be indicated.
9.60 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.
45
10.00 Supplementary Regulations
10.10 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
ordor, 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,
attracting and aiding the propagation of insects or
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 stream side 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 District
in which it is located.
46
10 20 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 a residential
use shall be limited to a single-family dwelling.
B. The following types of structures or structural parts are not
subject of the building height limitation of his 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
C'1 similar architectural features shall not project more than 24
inches into a required yard.
10 30 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 is Ordinance. Franctional space requirements shall be counted
as a whole space.
B. In cases where the provision of off-street parking to meet these
requirements is not feasible with the parcel size or location,
the applicant may be allowed to meet these requirements at any
A
other location within two hundred (200) feet of the parcel where
the use is proposed, provided that the requisite number of park-
ing spaces at such location are under the control of the applicant
are devoted exclusively to parking uses in connection with
the development for which the application is made; and provided
further, that a recorded easement of other interest is created
in the land at such other location that assures permanent use
of such other location for such parking purposes.
C. Driveway connections to public streets shall conform to standards
of design and construction established by the City Engineer.
D. No cul-de-sac streets will be permitted and no common driveway
may serve more than four single family lots or dwelling units
or be in excess of one hundred twenty (120) feet long.
E. The right-of-way width of private streets shall be equivalent
to City standards for public streets.
F. No residential building may be constructed on a parcel that is
in excess of six hundred (600) feet of traveling distance from
a public thoroughfare, or is in excess of three -hundred (300)
feet of traveling distance from vehicular accessadequate for
fire protection vehicles, refuse collection vehicles, moving
vans, or other standard service vehicles.
G. Parking spaces for other permitted or conditional uses not listed
in this Article shall be determined by the Administrator.
H. For the purpose of this Ordinance the following parking space
requirements shall apply.
TYPE OF USE
PARKING SPACES REQUIRED
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.
e. Retail stores
f. Banks, financial instituti-
tions and similar uses
g•
Offices, public or profes-
sional administration or
service buildings
h. All other types of business
or commercial uses permitted
in any business district
3. Recreational or Entertainment
a. Bowling alleys
Two (2) for each unit
One and one half (lz) 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
One (1) for each two hundred
and fifty (250) sq. ft. floor
area
One (1) for each
(200) sq. ft. of
One (1) for each
(400) sq. ft. of
One (1) for each
(300) sq. ft. of
two hundred
floor area
four hundred
floor area
three hundred
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
AO
TYPE OF USE
PARKING SPACES REQUIRED
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, asylums
and similar uses
d. Medical and dental clinics
e. Libraries, museums and
art galleries
5. Schools (Public, Parochial
One (1) for each one hundred
(100) sq. ft. of floor area
used for the activity
One (1) 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
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
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
Two (2) for each classroom 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) student:
One (1) for each four (4)
students
Two (2) for each classroom but
not less than six (6) for the
building
TYPE OF USE
PARKING SPACES REQUIRED
7. Manufacturing
a. All types of
manufacturing, storage
and wholesale uses
permitted in any
manufacturing district
b. Express, parcel delivery
and freight terminal
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
11.00 Non -Conforming Uses
11.10 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 map of which was approved 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 twenty 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 fifty 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) year from
the date of damage or destruction and the building as reconstructed
5Z
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 a 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.
11.20 Edon -Conforming Uses
A. A non -conforming use of land, building, or other structures
may continue to the extend such use existing 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 the non -conforming use is carried on in a non -conforming
building or structure and the portion of such building or
structure within which non -conforming use is conducted is
destroyed or damaged, such use may be resumed if restoration
or reconstruction as permitted by this Section, is completed
within one (1) year from the date of such damage or destruction.
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If the building or structure may not be restored or reconstructed
under the provisions of this Ordinance, or if the building or
structure was conforming with the provisions of this Ordinance.
B. Any building lawfully in existence and vacant at the time of
adoption of this Ordinance may, within six (6) months thereafter,
be occupied by the use for which it was manifestly designed or
arranged.
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12:00 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 proceed-
ings, 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 continuesafter 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 provisons of this Ordinance, the proper
authorities in addition to 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.
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