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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 2 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. 3 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. 5 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. 6 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 . 7 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. 10 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. 12 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. 13 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. 14 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�� 15 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. 16 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. 17 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 18 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. 19 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. 20 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 21 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. 22 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. 23 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. 53 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. 54 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. 55