HomeMy Public PortalAboutOrd. 875 - Urban Chicken Code Amendment - Title 3 - CA-10Ordinance Number 875: Micro-livestock Page 1 of 11
May 27, 2010
ORDINANCE 875
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING
MCCALL CITY CODE TITLE 3, TO ALLOW SMALL FARM ANIMALS WITHIN THE
CITY OF MCCALL WITH CERTAIN REGULATIONS.
WHEREAS, an application for a draft code amendment to allow chickens within residential
zones, pursuant to MCC 1-1-3, was submitted by a McCall Area Planning and Zoning
Commissioner on December 15, 2009 related specifically to chickens; and
WHEREAS, staff researched how other communities have adopted ordinances and documented
the main points in the regulations regarding chickens. This information was compiled into a Staff
Report dated January 27, 2010 and was distributed to the City Council, McCall Area Planning
and Zoning Commissioner and other interested persons; and
WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and
regularly scheduled public meeting and work session on February 2, 2010 to consider this
proposed code amendment and realized the code was silent to other small farm animals that are
used for local food production or pets; and
WHEREAS, based on the work session and research from other communities City Staff
developed standards for allowing chickens and other small animals within the jurisdiction; and
WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and
regularly scheduled public hearing on April 6, 2010 to consider this proposed code amendment;
and.
WHEREAS, the McCall Area Planning and Zoning Commission recommended this proposed
Code Amendment for approval by the McCall City Council at the April 6, 2010 meeting; and
WHEREAS, the code amendments would clarify definitions of farm animals, zones allowed, and
conditions required to keep small farm animals; and
WHEREAS, the McCall City Council held a properly noticed public hearing on May 27, 2010 to
consider the proposed amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO, AS FOLLOWS:
Section 1: McCall City Code Table 3.3.02 is amended with the following changes:
TABLE 3.3.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN RESIDENTIAL ZONES
Ordinance Number 875: Micro-livestock Page 2 of 11
May 27, 2010
Allowed Use RR RE R1 R4 R8 R16
Accessory structure >1,500 square feet C C C C C C
Accessory structure >1,500 square feet A A A A A A
Accessory use, residential P P P P P P
Agricultural structure A A A C C C
Agricultural use P P C - - -
Amusement or recreation facility, indoor (only) - - - - - -
Animal clinic, animal hospital, or veterinary office C C C - - -
Animals, large or common farm animals C A C A A - - -
Animals, small farm animals P P P P A A
Automotive, hobby A A A A A A
Camp C C C C C C
Care center C C C C C C
Cemetery C C C C C C
Children's treatment facility C C C C C C
Church C C C C C C
Clinic C C C C C C
Club or lodge or social hall C C C C C C
Convenience store C C C C C C
Drug and alcohol treatment facility C C C - - -
Dwelling, multi-family - - - C P P
Dwelling, rooming house C C C C C C
Dwelling, two-family - - - C C P
Dwelling unit, accessory (including guesthouses) C C C C C C
Ordinance Number 875: Micro-livestock Page 3 of 11
May 27, 2010
Dwelling unit, principal (single-family) P P P P P P
Foster home, group C C C C C C
Golf course and country club C C C C C C
Home occupation P P P P P P
Kennel C C C - - -
Large scale retail business2 - - - - - -
Mortuary C C - - - -
Nursery, wholesale (only) P - - - - -
Nursing facility, skilled C C C C C C
Professional office C C C C C C
Public parks, recreation areas, easements, trails A A A A A A
Recreational vehicle park C C C C C C
Rental store and storage yard C C C - - -
Restaurant C C C C C C
Restaurant, formula3 - - - - - -
Retail business C C C C C C
Retail, formula1 - - - - - -
Retirement or assisted living home C C C C C C
Roadside produce stand A A A - - -
School, public or private C C C C C C
Service retail business C C C C C C
Stable or riding arena, commercial C C - - - -
Storage facility, self-service C C C - - -
Storage yard (outdoor) C C C - - -
Ordinance Number 875: Micro-livestock Page 4 of 11
May 27, 2010
Temporary living quarters A A A A A A
Tower or antenna structure C C C C - -
Notes:
1.See section 3.8.18 of this title for limitations on retail, formula.
2. See subsection 3.8.02(E) of this title.
3. See section 3.8.17 of this title for limitations on restaurants, formula.
Section 2: McCall City Code Section 3.4.02 is amended with the following changes:
TABLE 3.4.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN COMMERCIAL ZONES
Allowed Use NC CC CBD
Adult entertainment establishment - - -
Amusement or recreation facility, indoor C P P
Amusement or recreation facility, outdoor C C C
Animal boarding with outside runs C C -
Animal clinic, animal hospital, or veterinary office C C C
Animals, small farm animals A A A
Auction establishment, outdoor C C -
Automobile, major repair - C -
Automobile or recreational vehicle sales or service (used
or new)
- C -
Bank P P P
Bar, brewpub, or nightclub C P P
Boarding house C C C
Camp - C -
Car wash C C -
Ordinance Number 875: Micro-livestock Page 5 of 11
May 27, 2010
Care center C C C
Cemetery C C -
Church C C C
Clinic, medical (excluding animal or veterinary) P P P
Club or lodge or social hall C C C5
Contractor's yard or shop - C -
Convention facility - C C
Crematory - C -
Drive-up window service - C -
Dry cleaning facility - C C
Dwelling, accessory A A A
Dwelling, multi-family C C1,2 C1,2
Dwelling, single-family C C -
Farm, garden, lumber, or building supply store - P C
Hotel or motel C P P
Kennel, commercial C C -
Large scale retail business4 - - -
Laundromat P P C
Mixed use1 Use procedure of most restrictive
use
Mortuary P P -
Nursery, retail (only) P P P
Nursing facility, skilled - C C
Off street parking facility when not accessory C P C
Office, temporary construction A A A
Ordinance Number 875: Micro-livestock Page 6 of 11
May 27, 2010
Package and letter delivery service C P P
Personal, business, or professional service or small
business
P P P
Portable classroom - A -
Professional offices P P P5
Public or quasi-public use, except: C C C
Public parks, recreation areas or easements, and trails P P P
Public service facility C C A
Radio and television broadcasting station C P C
Recreational facility, indoor C P C
Recreational vehicle park C C -
Recycling center - P -
Rental or retail store with outdoor storage or display yard C C -
Rental or retail store without outdoor storage or display
yard
P P P
Research and development facility - P C5
Residential care facility C C C
Restaurant P P P
Restaurant, formula6 - P P
Retail, formula3 - P P
Retail sales relating to an approved use A A A
Retirement or assisted living home C C C
School, public or private C C C
School, vocational or trade - P C
Service retail business C C C
Ordinance Number 875: Micro-livestock Page 7 of 11
May 27, 2010
Service station C C -
Storage facility, self-service - C -
Storage yard (outdoor) - C -
Studio (music, art, dance or similar studio) P P P
Swimming pool, private A A A
Theater C P P
Tower or antenna structure, commercial C C C
Tower or antenna structure, private A A C
Transit facility (e.g., bus stop, bus shelter, transit center) A A A
Truck stop - C -
Notes:
1.Subject to subsection 3.4.04(D) of this chapter.
2. Single, two-family, or multi-family dwellings are allowed as part of a mixed use development.
3. See section 3.8.18 of this title for limitations on retail, formula.
4. See subsection 3.8.02(E) of this title.
5. Use is not permitted on the ground floor fronting the street. Use is permitted in ground floor
courtyards or in other ground floor locations that do not front the street.
6. See section 3.8.17 of this title for limitations on restaurants, formula.
Section 3: McCall City Code Section 3.6.02 is amended with the following changes:
TABLE 3.6.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN PUBLIC ZONES
Allowed Use AF CV AP
Accessory structure >1,500 square feet A A A
Agricultural service establishment C - -
Agricultural structure A - -
Agricultural use P - -
Ordinance Number 875: Micro-livestock Page 8 of 11
May 27, 2010
Animals, small farm animals P A -
Airport (public ownership) C - P
Assembly plant (light manufacturing) - - C
Camp P - -
Cemetery C P -
Church C C -
Club or lodge or social hall C C -
College or university - C C
Conference or convention center C C -
Dwelling, caretaker for an approved use A A C
Dwelling unit1 - C -
Dwelling, single-family detached C P -
Golf course and country club C C -
Hospital or clinic C A -
Hotel, motel, lodge C C -
Kennel A - -
Large scale retail business3 - - -
Livestock facility .300 AU C - -
Manufacturing facility (light) - C C
Mixed use4,5 - C -
Mortuary C A -
Museum C C C
Nursery, wholesale (only) P - -
Nursing facility, skilled - A -
Ordinance Number 875: Micro-livestock Page 9 of 11
May 27, 2010
Office building or use, relating to an approved development C A C
Office, temporary construction A A A
Park, public C P -
Pit, mine, or quarry C - C
Portable classroom A A -
Post office or mail delivery service - A -
Power plant C C C
Professional offices or buildings - A C
Public or quasi-public use C P C
Public service facility C C C
Research and development facility - C C
Restaurant - C C
Restaurant, formula6 - C C
Retail, formula2 - C -
Roadside produce stand A A -
Sanitary landfill, restricted C A -
School, public or private, including vocational C C C
Soil or water remediation C - -
Stable or riding school, commercial C C -
Storage building and yard C C C
Swimming pool, private or public A A -
Temporary living quarters A A C
Tower or antenna structure, commercial C C C
Tower or antenna structure, private A A C
Ordinance Number 875: Micro-livestock Page 10 of 11
May 27, 2010
Warehousing facility - - C
Winery C - -
Notes:
1. Housing must be a part of a mixed use project.
2. See section 3.8.18 of this title for limitations on retail, formula.
3. See subsection 3.8.02(E) of this title.
4. Residential uses are permitted in mixed use building when the primary use of the ground floor
is a nonresidential use allowed in the CV zone.
5. Multi-family housing must be a part of a mixed use project.
6. See section 3.8.17 of this title for limitations on restaurants, formula.
Section 4: McCall City Code Section 3.8.07 is amended with the following changes:
3.8.07: ANIMALS:
(A) Household Pets: Animals considered domestic household pets such as dogs, cats, small
rodents, and birds may be kept in any zone, provided such are kept in conformance with this
code.
(B) Farm Animals, Large: Animals such as horses, cows, goats, chickens, pigs, sheep or other
typical farm animals or any large or domesticated wild animals shall not be boarded permanently
or temporarily in any residential, industrial, or commercial zone except as specifically provided
in the chapters respecting such zones.
(C) Farm Animals, Small: Animals such as chickens, ducks, or rabbits may be boarded
permanently or temporarily in any residential, civic, agriculture/forest or commercial zone
according to the regulations as specifically provided in the chapters respecting such zones.
1. Roosters are prohibited; only hens, and chicks of either sex up to 4 months old, may be
kept.
2. The total number of small farm animals must be no more than 6 per parcel in all zones.
3. All small farm animals must be enclosed in a structure that provides for safety, protected
from the weather, and providing a minimum of two square feet per animal. Enclosures
must be roofed or otherwise enclosed on top as well as all sides and must be kept clean to
prevent offensive odors. All feed must be kept in animal proof containers or indoors. In
the residential zones, the enclosures should be located on the side or behind the dwelling
units.
4. Chicken enclosures must be setback a minimum of 10 feet meet from the property lines.
5. Outside slaughtering of small farm animals is prohibited.
(G) (D) Kennels: Kennels for the keeping of three four (4) or more like animals shall be
permitted by conditional use permit only in zones RR, RE, R1, NC, and CC.
(D) (E) CAFOs: Concentrated or confined animal feeding operations (CAFO) as defined in
Idaho statutes are not permitted within the city of McCall or the McCall impact area.
Section 4: This Ordinance shall take effect immediately upon its passage and approval.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, THIS 27 DAY OF MAY, 2010.
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Attest:
er, City Clerk
Appro
By
onald C. Bailey, Mayor
Ordinance Number 875: Micro -livestock Page II of 11
May 27, 2010