HomeMy Public PortalAboutOrd. 880 - Code Amendment - Fences - Title 3Ordinance Number 880: Code Amendment – Fences Page 1 of 2
September 23, 2010
ORDINANCE NUMBER 880
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING
MCCALL CITY CODE 3.2.02 AND 3.7.023 TO PROHIBIT FENCES GREATER THAN
THIRTY INCHES IN HEIGHT WITHIN THE FIFTY FOOT SETBACK IN THE SHORELINE
AND RIVER ENVIRONS ZONE.
WHEREAS, an application for the code amendment, pursuant to MCC 3.13.04, was initiated by
the McCall Area Planning and Zoning Commissioner on July 6, 2010; and
WHEREAS, the code amendment would prohibit fences within the fifty foot setback in the
Shoreline and River Environs Zone; and
WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and
regularly scheduled public hearing on August 10, 2010 to consider the proposed code amendment;
and
WHEREAS, the McCall Area Planning and Zoning Commission recommended the proposed
Code Amendment for approval by the McCall City Council at the August 10, 2010 meeting; and
WHEREAS, the McCall City Council held a properly noticed public hearing on September 23,
2010 to consider the proposed code amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO, AS FOLLOWS:
Section 1: McCall City Code Section 3.2.02 is amended with the following changes:
3.2.02: MEANINGS OF TERMS OR WORDS:
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground
or attachment to something having a fixed location on the ground. Among other things, structures
include buildings, mobile homes, walls, fences, decks, patios, satellite dishes, billboards, fuel
tanks, refuse enclosures, and piers or any other construction erected to connect docks to the shore;
"structure" does not, for purposes of setbacks from the lot lines, include:
(A) Paths, steps, and sidewalks of less than forty nine inch (49") width; and driveways from
access streets to automotive vehicle storage areas;
(B) Inground patios;
(C) Detached planter boxes, walls not more than thirty inches (30") in height, or other
landscaping features, which landscaping features are not more than thirty inches (30")
above the natural terrain, or lot line fences except as otherwise provided in section 3.7.023;
and
(D) Docks and retaining walls otherwise permitted by this title.
Section 2: McCall City Code Section 3.7.023 is amended with the following changes:
3.7.023: REQUIREMENTS FOR DEVELOPMENT:
(C) Development:
3. Improvements:
(c) All structures other than those addressed by subsection (C)4 and the following
subsections of this section regardless of underlying zone shall be set back fifty feet
(50') from the lake water pool shore contour and fifty feet (50') from the stream
high water mark (see definition of "structure" in section 3.2.02 of this title).
Fencing greater than thirty inches (30") shall not extend below such fifty foot (50')
setback from the lake water pool shore contour or stream high water mark, and
access along the beach below such lake water pool shore contour or stream high
water mark shall be unobstructed, except as otherwise provided in the approval of
an applicable conditional use or variance. Public walkways to the waterfront, and
private walkways not exceeding eight feet (8') in width of like purpose from the
area of upland structures, are permitted. Setbacks shall be measured along a line
perpendicular to a line tangent to the nearest point so determined on the lake water
pool shore contour or stream high water mark, without regard to the spatial
relationship between that nearest point and any boundary lines of the lot in
question.
Section 3: 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;13 DAY OF SQp--e,vliaer,-2010.
4101101°21.4
Attest: �.�� 40
•
By
BessieJo W. gn r, City
Approved.
7
onald C. Bailey, Mayor
Ordinance Number 880: Code Amendment — Fences
September 23, 2010
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