HomeMy Public PortalAboutOrd. 983 Amending Title 3 Local Housing and STR
ORDINANCE NO. 983
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING,
ENACTING, OR DELETING THE FOLLOWING SECTIONS OF TITLE 3, PLANNING AND
ZONING, OF THE McCALL CITY CODE, TO-WIT: SECTION 3.2.02, MEANINGS OF
TERMS OR WORDS, TO MODIFY THE DEFINITIONS FOR ACCESSORY USE,
BUILDING, OR STRUCTURE, DWELLING UNIT, ACCESSORY, AND DWELLING,
MULTI-FAMILY, TO ADD DEFINITIONS FOR BEDROOM, DWELLING UNIT, LOCAL
HOUSING, DWELLING UNIT, SEASONAL, OWNER OCCUPANCY, McCALL AREA
AND SHORT-TERM RENTAL, AND TO DELETE DEFINITIONS FOR COMMUNITY
HOUSING UNIT, DUPLEX, AND DWELLING, TWO FAMILY; SECTION 3.3.02,
RESIDENTIAL USE REGULATIONS, TO MODIFY THE ALLOWED USE FOR
4
ACCESSORY STRUCTURE, <1,500 SQUARE FEET, TO ADD ALLOWED USES FOR
DWELLING UNIT, LOCAL HOUSING AND DWELLING, SHORT TERM RENTAL,
OCCUPANCY LESS THAN 20 PERSONS, AND TO DELETE THE ALLOWED USES FOR
ACCESSORY STRUCTURE >1,500 SQUARE FEET AND DWELLING, TWO FAMILY,
AND ADD FOOTNOTE 4, A REFERENCE TO SECTION 3.8.11; SECTION 3.4.02,
COMMERCIAL USE REGULATIONS, TO CHANGE THE TITLE OF THE SECTION TO
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN COMMERCIAL
ZONES, TO ADD THE ALLOWED USES FOR DWELLING UNIT, LOCAL HOUSING AND
DWELLING UNIT, SEASONAL HOUSING, AND TO DELETE ITEM 2 UNDER NOTES
AND RENUMBER THE REMAINING ITEMS UNDER NOTES ACCORDINGLY; SECTION
3.4.04, COMMERCIAL ZONE SPECIAL DEVELOPMENT STANDARDS,
SUBPARAGRAPH (D), USES, TO MODIFY SUBPARAGRAPH (D), USES, TO ALLOW
SINGLE FAMILY, MULTI-FAMILY, AND LOCAL HOUSING AS PART OF A MIXED-
USE DEVELOPMENT, INCLUDING COMMERCIAL AND OR PUBLIC USES AND TO
PROVIDE THE CONDITIONS THEREFOR BY MODIFYING ITEM 1 FOR MULTI-STORY
STRUCTURES, BY MODIFYING ITEM 2 FOR DEVELOPMENTS WITH COMMERCIAL
AND/OR PUBLIC USE, BY DELETING ITEM 3, AND BY MODIFYING ITEM 4 TO
RENUMBER IT ITEM 3 AND INCLUDING A REQUIREMENT FOR EQUIVALENT
SQUARE FOOTAGE IN A CC ZONE; SECTION 3.6.02, PUBLIC ZONE USE
REGULATIONS, TO CHANGE THE TITLE OF THE SECTION TO PERMITTED AND
CONDITIONALLY PERMITTED USES WITHIN PUBLIC ZONES, TO ADD THE
ALLOWED USE FOR DWELLING, LOCAL HOUSING; SECTION 3.7.032,
REQUIREMENTS FOR DEVELOPMENT, SUBPARAGRAPH (C), STRUCTURE HEIGHT,
TO EXCEPT CERTAIN STRUCTURES FROM SUBPARAGRAPH (C), STRUCTURE
HEIGHT; SECTION 3.8.11, ACCESSORY USE, BUILDINGS AND STRUCTURES, TO
DELETE SUBPARAGRAPH (A), TO MODIFY SUBPARAGRAPH (B) BY RELETTERING
IT SUBPARAGRAPH (A) TO SUBSTITUTE APPROVAL BY AN ADMINISTRATOR IN
PLACE OF A COMMISSION, TO DELETE SUBPARAGRAPH (C), AND TO ADD A NEW
SUBPARAGRAPH TO BE LETTERED (B) TO LIMIT THE SIZE OF AN ACCESSORY
STRUCTURE; ENACTING SECTION 3.8.11.01, ENTITLED ACCESSORY DWELLING
UNITS, PERMITTING ACCESSORY DWELLING UNITS AND ESTABLISHING THE
NUMBER, LOCATION, DENSITY, BASIC REQUIREMENTS FOR HABITATION,
HEALTH AND SAFETY CODE REQUIREMENTS, SIZE, PARKING, REQUEST FOR
WAIVERS OF MONTHLY WATER SERVICES FEES, AND RENTAL REQUIREMENTS;
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ENACTING SECTION 3.8.21, ENTITLED LOCAL HOUSING DENSITY BONUS
PROGRAM, SETTING FORTH THE PURPOSE, APPLICABILITY, GENERAL
PROVISIONS, AND CALCULATION OF THE DENSITY BONUS; ENACTING SECTION
3.8.22, ENTITLED SEASONAL DWELLING UNITS, PERMITTING SEASONAL
DWELLING UNITS FOR USE BY EMPLOYEES OF BUSINESSES OR INSTITUTIONS
WITHIN THE McCALL AREA AND ESTABLISHING THE CONDITIONS THEREFOR;
SECTION 3.10.01, PURPOSE, TO ADD A SUBPARAGRAPH (E) PROMOTING LOCAL
HOUSING AND A VARIETY OF HOUSING TYPES IN QUALITY DEVELOPMENT;
SECTION 3.10.024, DENSITY BONUS, TO MODIFY SUBPARAGRAPH (C) TO DELETE
THE MAXIMUM INCREASE IN DENSITY AND SUBSTITUTE COMPLIANCE WITH
SECTION 3.08.21; DELETING SECTION 3.13.036, RENTAL OF ACCESSORY DWELLING
UNITS, IN ITS ENTIRETY; ENACTING NEW SECTION 3.13.036, ENTITLED
ADDITIONAL CONDITIONAL USE PERMIT STANDARDS FOR DWELLING, SHORT-
TERM RENTAL WITH OCCUPANCY OF 20 OR MORE GUESTS, SETTING FORTH THE
STANDARDS FOR COMPLIANCE, USE, NEIGHBORHOOD IMPACT AND
APPLICATION REQUIREMENTS; ENACTING SECTION 3.13.09, PERMIT STANDARDS
FOR DWELLING, SHORT-TERM RENTALS, PROVIDING FOR THE PERMITTING OF
DWELLING AND SHORT-TERM RENTALS; SECTION 3.15.02, PRELIMINARY
DEVELOPMENT PLAN REVIEW, SUBPARAGRAPH (B), NEIGHBORHOOD MEETINGS,
TO MODIFY SUBPARAGRAPH (B), NEIGHBORHOOD MEETINGS, TO PROVIDE FOR
THE SUBMISSION OF AN APPLICATION INSTEAD OF A PLAN AND TO ESTABLISH
TIMING, NOTIFICATION, AND SUMMARY OF THE MEETING REQUIREMENTS; AND
SECTION 9.4.06, PERMITS AND INSPECTION, TO MODIFY SUBPARAGRAPH (B),
TEMPORARY USE PERMITS, BY DELETING PARAGRAPH 1, FEES, RESTRICTIONS,
AND RENUMBERING PARAGRAPH 2, EMERGENCY PERMITS, AS PARAGRAPH 1
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, VALLEY COUNTY, IDAHO:
Section 1: That Title 3, Planning and Zoning, and Section 9.4.06, Permits and
Inspection, of the McCall City Code, be, and the same are hereby, AMENDED as described on
the attached Schedule A.
Section 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
Section 3. Validity: The McCall City Council hereby declares that any section,
paragraph, sentence or word of this ordinance as adopted and amended herein be declared for
any reason to be invalid, it is the intent of the McCall City Council that it would have passed all
other portions of this ordinance independent of the elimination herefrom of any portion as may
be declared invalid.
Section 4. Savings Clause: This ordinance does not affect an action or proceeding
commenced or right accrued before this ordinance takes effect.
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Section 5. Date of Effect: This ordinance shall be in full force and effect on January
1, 2020.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL
IDAHO, THIS 19 DAY OF DECEMBER 2019
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Mee .. Approved:
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BessieJo Wage -r, ity Clerk
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Ord.983 Local Housing and Short-term Rental Code Update
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SCHEDULE A
3.2.02: MEANINGS OF TERMS OR WORDS:
ACCESSORY USE, BUILDING, OR STRUCTURE: A use, building, or structure on the same
lot with, and of a nature customarily incidental and subordinate to, the principal use, building, or
structure. An accessory structure is outside the building roofline of the principal residence.
ADMINISTRATOR: The city manager, or in the event the city manager chooses to delegate that
authority, that official who is appointed by the city manager to administer this title.
ADULT ENTERTAINMENT ESTABLISHMENT: A commercial establishment intended for
the entertainment of adults, to the exclusion of minors, which offers sexually oriented
entertainment, such as an adult arcade, adult bookstore, adult novelty store, adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, seminude
model studio, or sexual encounter center.
AFFECTED PERSON: One having an interest in real property which may be adversely affected
by the issuance or denial of a permit, or zoning map amendment under this title.
AGRICULTURAL STRUCTURE: Any structure (see definition of Structure) that is related to or
used in the science, business or art of cultivating soil, producing crops, and/or raising livestock.
AGRICULTURAL USE: The science, business or art of cultivating soil, producing crops, and/or
raising livestock.
AGRICULTURE AND FOREST: The use of land for farming, dairying, pasturage, agriculture,
horticulture, floriculture, viticulture, silviculture, animal and poultry husbandry and the
necessary accessory uses for packing, treating, or storing the product; provided, however, that
the operation of any such accessory uses shall be secondary to that of normal agricultural
activities. "Agriculture" does not include confined animal feeding operations.
AIRPORT: Any runway, land area or other facility designed or used, other than for an
emergency, either publicly or privately, by any person for the landing and the taking off of
aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other
necessary buildings.
APPLICANT: One who files an application under this title. The applicant must be the owner of
the subject property, or a person who has written permission from the owner to make an
application in the name of the owner.
APPLICATION: A document submitted to the commission conforming to the requirements of
this title applying for a permit or approval under this title.
AREA DEVELOPMENT PLAN: A plan encompassing all contiguous parcels controlled by the
same owner, which includes:
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(A) Legal description of contiguous parcels.
(B) Name(s) of owner(s) of contiguous parcels.
(C) Streets, whether public or private.
(D) Water main lines and sewer main lines.
(E) Other utilities including power, telephone, cable, etc.
(F) Parks, if required under this title.
(G) Grading and drainage.
(H) Easements.
(I) Hazardous or natural resource areas.
AREA OF FIRE HAZARD: Lands on which there is vegetation that is prone to fire; and also
means lands where there is heavy fuel loading, where fuels are arranged in close continuity,
where development or timber management slash exists, or where wildfires are likely to be
difficult to suppress and become a threat to public safety.
ATTACHED STRUCTURE: A structure attached to a principal structure, or is located within
three feet (3'), such that the two (2) (or more) structures result in a nearly contiguous whole.
BASEMENT: That level of a dwelling unit all or partly underground and having the plane on top
1
of at least one-half (/) of its perimeter wall within two feet (2') of the average level of the
2
adjoining ground.
BED AND BREAKFAST: See definition of Dwelling, Rooming House.
BEDROOM: A room within a dwelling which is designed and built as an area for sleeping.
Spaces not originally designed or built for sleeping which are converted from another use in
order to be used as an area for sleeping will not be counted as a bedroom unless a building
permit and certificate of occupancy were issued.
BIKE PATH: An asphalt or concrete path which has been created for nonmotorized
transportation and is usually physically separate from automobile travel lanes.
BILLBOARD: See definition of Sign, Off Premises.
BLOCK: A group of lots within defined and fixed boundaries, usually within a parcel of land,
bounded by physical barriers, one or more streets, or a boundary line of a subdivision that has
been legally surveyed and recorded.
BOARD: The board of county commissioners of Valley County.
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BOND: A security contract between the applicant and the city which guarantees that the
applicant will perform certain requirements of an approval or permit under this title or title IX of
this code, by surety, cash, or letter of credit sufficient in amount and terms to assure either
reclamation, or performance of any act or acts authorized by the approval or permit.
BREWPUB: A small brewery, generally producing fewer than ten thousand (10,000) barrels of
beer and ale a year and frequently selling its products on the premises.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection
of persons, animals, chattels or property of any kind.
BUILDING ELEMENT: An exterior wall, or roof, or bay window, or deck, or patio, or balcony,
or any other part of the exterior of a building which has an exterior surface that is in a different
plane from the other parts of the building to which the element is attached.
BUILDING PERMIT: A permit pursuant to title II of this code, including without limitation the
international building code adopted by that title. Such permits shall be issued only if the activity
to be permitted conforms to title II and this title. Building permits are issued by the city building
department.
BUILDING, PRINCIPAL OR PRIMARY: A building in which is conducted the main or
principal use of the lot on which said building is situated.
BUSINESS: Any retail or wholesale store, professional office, or similar kind of commercial
establishment. See also, definition of Home Occupation.
CAMP: Property owned or leased by any organization exempt from federal income tax, which
property is used for such purposes as recreation, outdoor education, outdoor instruction, and
deliberation. "Camp" does not include a church building or church school unless it is accessory
to an outdoor operation of larger scope, does not include property used for commercial purposes,
and does not include facilities at which services or lodging are offered to the general public for a
fee. Thus "camp" includes youth summer and youth winter camps operated by the Girl Scouts,
Boy Scouts, Campfire, YMCA, YWCA, and the like, and youth summer and youth winter camps
operated by various organized churches; to the extent not used for generation of unrelated
business income; and includes state park and U.S. forest service public campgrounds. Thus a
"camp", when permitted as a conditional use, does not include renting rooms, cabins, buildings,
campsites, spaces, or the like, with or without meals, to tourists or vacationers, even if the
tourists or vacationers are members of the owner organization.
CAR WASH: An area of land and/or a structure with machine or hand operated facilities used
principally for the cleaning, washing, polishing or waxing of motor vehicles.
CARE CENTER: A place, home or facility providing care for which compensation is paid, for
more than five (5) children of preschool age, or for more than eight (8) adults with diminished
capacity to manage their own affairs.
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CEMETERY: Land used or intended to be used for the burial of the human or animal dead and
dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated
in connection with and within the boundaries of such cemetery, for which perpetual care and
maintenance is provided.
CHURCH: A structure or portion of a structure used for the purpose of worship by any religious
organization exempt as such from federal income tax.
CITY: The area within the corporate city limits of the city of McCall, and the government
thereof.
CITY ENGINEER: An employee of or contractor to the city who is a registered professional
engineer responsible for advising the city as to infrastructure design, mapping, code issues,
planning, plat review and other related tasks.
CITY STANDARDS: Those standards for improvements as set forth in the city of McCall
improvement standard drawings, etc., as adopted by the city council.
CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured
persons and those who are in need of medical and surgical attention but which building does not
provide board (outpatient only).
CLUB: A building, or a portion thereof, primarily for the exclusive use of members and their
guests, owned or operated by an association of, but not including any organization, group or
association, the principal activity of which is to render a service usually and ordinarily carried on
as a business.
CLUSTER DEVELOPMENT: A subdivision or other development planned and constructed so
as to group structures or lots into relatively concentrated and contiguous areas while providing a
unified network of open space, wooded area, recreational, or agricultural land.
COMMERCIAL COACH: A manufactured structure designed to be used for commercial and
other nonresidential purposes, which bears the label of the department of labor and industrial
services, building bureau. The label shall designate the unit's plan approval number, occupancy
group classification and type of constructions specified in the international building code
COMMERCIAL PROJECT: A structure or development that, after completion, would be
devoted to commercial or business purposes.
COMMISSION: The city or county planning and zoning commission, one or the other having
jurisdiction.
COMMON OWNERSHIP: The joint and simultaneous ownership of a piece of property (a
common area) by the owners of separate parcels or units; for example, within a condominium or
PUD development.
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COMMUNITY HOUSING GUIDELINES: Guidelines adopted by the city, county and other
local jurisdictions which delineate authority, policies, procedures, and reporting methods for
managing community housing.
COMMUNITY HOUSING UNIT: Dwelling units restricted (typically via deed restrictions) by
size and type for individuals meeting asset, income, and minimum occupancy guidelines
approved by the city.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the board and/or council
affecting land within the planning jurisdiction, and including such things as the general location
and extent of present and proposed physical facilities including housing, industrial and
commercial uses, major transportation, parks, schools and other community facilities.
CONCLUSIONS OF LAW: That part of a decision document which relates found facts to
applicable provisions of this title. See Idaho Code section 67-6535.
CONDITIONAL USE: A special or conditional use, as defined in Idaho Code title 67, chapter
65, permitted within a zone under a permit approved by the council. Conditional uses authorized
to be permitted in each zone are listed in the chapter relating to that zone.
CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property,
an interest or interests in real property, or any combination thereof, together with b) a separate
interest in real property, in an interest or interests in real property, or a combination thereof.
Condominium development within the city of McCall and its area of impact is subject to title IX,
"Subdivision And Development", of this code, and shall be developed in accordance with
section 9.2.08 of this code. See Idaho Code section 55-101B, as amended.
CONDOMINIUM AREA: The entire project excepting all units.
CONDOMINIUM PROPERTY: The land described in the declaration recorded pursuant to
Idaho Code section 55-1505, together with every building, improvement or structure thereon,
and every easement or right appurtenant thereto, and all personal property intended for use in
connection therewith or for the use, benefit or enjoyment of the condominium owners.
CONDOMINIUM UNIT: The separate interest in a condominium.
CONFINED ANIMAL FEEDING OPERATION (CAFO): Involved in the feeding or holding of
animals or poultry, including, but not limited to, horse, cattle, sheep, or swine feeding areas,
dairy confinement areas, slaughterhouse or shipping terminal holding pens, poultry and egg
production facilities and fur farms. The buildings, pens, or lot surfaces have been prepared with
concrete, rock, or other material to support animals in wet weather. They have wastewater
treatment facilities or discharge waste into adjacent water bodies. The facility does not produce
crops, forage, vegetation, or provide pasture for the animals.
CONTAINER: A garbage can, dumpster or any other kind of storage device customarily sold or
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rented for use as a temporary storage of waste matter and lawfully located on the property in
question.
CONTRACTOR STORAGE YARD: Area used for the storage of equipment and material used
in contractor's business.
CONVENIENCE STORE (NEIGHBORHOOD CONVENIENCE STORE): Any retail
establishment offering for sale prepackaged food products, household items, and other limited
goods and having a gross floor area of less than four thousand (4,000) square feet.
CORNER VISION: Those areas near intersections of roadways and motor vehicle access points
where a clear field of vision is necessary for traffic safety.
COUNCIL: The city council of the city of McCall.
COUNTY SURVEYOR: The professional land surveyor appointed by the county pursuant to
Idaho Code section 50-1305 to check plats and computations thereon.
DAYCARE: See definition of Care Center.
DECK: An unenclosed flat floored area, whether roofless or covered, whether on one level or
multiple levels, adjoining or used in conjunction with a building; the term includes porches, and
patios; a fully enclosed porch is considered a room of the dwelling.
DEDICATION, DEDICATE: The setting apart of land or interests in land for use by the public,
and unless otherwise stated in the document making the dedication, the legal equivalent of a deed
in fee simple determinable for the purposes evident, for example, streets, and other utilities and
the purposes reasonably implied. "Dedicate" is the verb transitive for the making of a dedication.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
(A) Gross Density: The number of dwelling units per acre of total land area, including street
1
rights of way within the land and one-half (/) of the abutting rights of way.
2
(B) Net Density: The number of dwelling units per acre of land when the acreage involved is
computed excluding street rights of way.
DEVELOPMENT: Any construction or activity that changes the existing character or use of land
upon which such construction or activity occurs.
DEVELOPMENT AGREEMENT: A contract or agreement between the city and a developer or
developers in accordance with Idaho Code section 67-6511A.
DIRECTOR OF PUBLIC WORKS: That official of the city who is responsible for the
administration of the public utilities and streets within the city and whose responsibilities include
review of plats, maps and surveys for compliance with this title.
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DOCK: Any structure extending from dry land into, upon, or over a body of water, providing
moorage for watercraft and/or access to the body of water. "Dock" includes landing pier and
wharf, and includes the means of access and egress to and from the dry land.
DOMESTIC LIVESTOCK: Animals such as, but not limited to, horses, cows, goats, rabbits,
poultry, pigs, sheep or other typical farm animals and may include mink, chinchillas and such
animals raised for pelts.
DOUBLE FRONTAGE LOT: A lot other than a corner lot having frontage on two (2) parallel or
approximately parallel streets.
DRIVEWAY: A nondedicated vehicular access constructed on private property providing access
to not more than five (5) residential dwelling units.
DUPLEX: See definition of Dwelling, Two-Family.
DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units
including townhouses, condominiums, and apartments, with varying arrangements of entrances,
and party walls.
DWELLING, ROOMING HOUSE (BOARDING HOUSE, DORMITORY, BED AND
BREAKFAST): A dwelling or part thereof, other than a hotel, motel or restaurant, where lodging
and, occasionally, meals are provided for compensation for three (3) or more unrelated persons,
where no cooking or dining facilities are provided in the individual rooms.
DWELLING, SHORT TERM RENTAL: A residence, including single-family or a multi-family
unit, which is rented for the purpose of overnight lodging for compensation, money, rent or other
bargained for consideration for a period of one or more days and not more than thirty (30)
consecutive days. Short term rentals are also commonly referred to as tourist or vacation rentals.
Short term rentals with occupancy of twenty (20) persons or more within residential zones shall
require a conditional use permit.
DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only,
separated from other dwelling units by open space; when considered in the context of
enforcement of restrictions, any space so used.
DWELLING, TWO-FAMILY: A dwelling consisting of two (2) dwelling units which may be
either attached side by side, or one above the other; a duplex; when considered in the context of
enforcement of restrictions, any space so used.
DWELLING UNIT: Living, dining, sleeping room or rooms, storage closets, as well as space
and equipment for cooking, bathing and toilet facilities, of a size and configuration suitable for
use by only one family and its household employees; when considered in the context of
enforcement of restrictions, any space so used.
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DWELLING UNIT, ACCESSORY: A residential dwelling located on the same property as a
principal dwelling unit either within or attached to that is secondary and incidental to the
principal residence or in a detached structure that provides basic Building Code requirements for
sleeping, eating, cooking and sanitation. An accessory dwelling unit may be separate from, or a
part of, the principal residence, and may be used for visitors, guests and family members or as
the residence of a caretaker or other employee who works on the same property. Any inhabitable
space that includes a kitchen is considered a dwelling unit.
DWELLING UNIT, LOCAL HOUSING: A residential dwelling unit deed restricted for the
primary residence of (1) an employee working a minimum of 30 hours per week or 1560 hours
per year within the McCall Area for a set period (six months) or have an employment offer from
a McCall Area business; (2) a senior age 65 years or over where the dwelling unit is their
primary residence; or (3) a person with disability. Local housing units may be for
homeownership or long-term rental (more than thirty days).
DWELLING UNIT, PRINCIPAL: A dwelling unit which serves as the principal or primary
dwelling for a household, as opposed to a guest home or accessory dwelling.
DWELLING UNIT, SEASONAL: A residential dwelling unit including modular units,
containers, soft wall shelters, mobile prefabricated structures, recreational vehicles, or trailers,
not affixed to the ground by a permanent foundation.
EASEMENT: A property interest (less than a fee simple estate) which an entity has in land
owned by another, entitling the holder of the interest to limited use or enjoyment of the other's
land, such as for a driveway, installation of utility lines, or the like, the purpose of which shall be
designated and placed on the plat as appropriate. Plats shall show the entity to which the
easement has been granted.
EFFECTIVE DATE OF THE APPLICABLE REGULATIONS: The effective date of the first
pertinent ordinance ever adopted by the city. "Pertinent ordinance" means, for example with
respect to a nonconforming use, the first ordinance which prohibited that use on that land, which
ordinance (and its successors) has continued in effect to the time as of which the legality of the
use needs to be determined.
ENVIRONMENTAL ASSESSMENT: The critical appraisal of the likely effects of a proposed
project, activity, or policy on the environment, both positive and negative.
EXCAVATION: See chapter 70 of the international building code.
EXTERIOR: Those outside portions of a structure, landscape, or lot that are visible from a public
right of way or an adjacent property.
FENCE: A hedge, structure, or partition, erected for the purpose of enclosing or delineating a
piece of land, or to divide a piece of land into distinct portions or ownerships.
FINDINGS OF FACT: That part of a decision document which sets out those facts in evidence
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found by the fact finder, and which the fact finder believes are necessary and material to their
decision. See Idaho Code section 67-6535.
FOOTPRINT: The area of the lot which is within the perimeter created by a vertical extension to
the ground of the exterior walls of all enclosed portions of a building, including all attached
structures, decks, porches, and accessory annexes.
GARAGE, REPAIR: A building designed and used for the storage, care, repair, or refinishing of
motor vehicles including both minor and major mechanical overhauling, paint and body work.
GARAGE, RESIDENTIAL: A building designed and used for the storage and care of motor
vehicles owned by the property owner or guests.
GROUND FLOOR: The floor of a building with a principal entrance which faces the street to
which the building address is assigned.
HARDSHIP: As applied to a request for a variance, an act of depriving an owner of a property
the opportunity to use that property to the reasonable use because of some feature or condition of
the property.
HEALTH AUTHORITY OR HEALTH DEPARTMENT: That office of the Central district
health department having approval jurisdiction over land development within the city, such as:
location and engineering for septic systems; water systems (wells and distribution); review of
subdivision plats, etc.
HEIGHT, BUILDING: Building height shall be measured vertically from any point on a
proposed or existing building element to the existing grade prior to construction directly below
said point on a proposed or existing building element. (The highest to lowest measurement at any
given vertical structure line.)
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Excluded from the height measurement are: antennas (approved), roof stair access
enclosures/projections, cupolas, chimneys (up to 10 feet above the highest point of the roof
surface), steeples, and spires.
HEIGHT, FENCE OR SCREEN: The vertical distance measured from the existing grade prior to
construction to the top of the fence. For the purpose of applying height regulations, the average
height of the fence along any unbroken run may be used, provided the height at any point is not
more than ten percent (10%) greater than that permitted by this title.
HOME OCCUPATION: A business conducted within a dwelling unit, which activity is clearly
incidental to the use of the residence as a dwelling and does not change the residential character
thereof, is conducted in such a manner as to not give any outward appearance of a business in the
ordinary meaning of the term, and does not infringe upon the right of neighboring residents to
enjoy a peaceful occupancy of their homes for which purpose the residential zone was created
and primarily intended.
HOTEL OR MOTEL: A building in which lodging or boarding and lodging are provided and
offered to the public for compensation. The term does not include a "dwelling, rooming house"
or "dwelling, short term rental" (see definition of Dwelling, Rooming House (Boarding House,
Dormitory, Bed And Breakfast) or Dwelling, Short Term Rental in this section).
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HOUSEHOLD: One or more persons related by blood, marriage, legal adoption or guardianship,
plus not more than five (5) additional persons who live together in one dwelling unit; or one or
more handicapped persons as defined in the fair housing amendments act of 1988, with
amendments, plus not more than five (5) additional persons, who live together in one dwelling
unit.
INDUSTRY, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing,
separating, cleaning or marketing of any mineral natural resource; "mineral" for these purposes
also including the so called "common varieties" of earth materials.
INFRASTRUCTURE: The facilities, properties, supports and utilities which provide services.
INSTITUTION: Building and/or land designed for educational services (school) or to aid
individuals in need of mental, therapeutic, rehabilitative, counseling, correctional, or like
services.
JUNK: Any kind of liquid or solid waste when kept under objectively bona fide claim that the
same may be of future use as is, as repaired, for parts, or as recycled; including, without
limitation, trash or refuse of any kind, litter, commercial waste, industrial or construction or
demolition debris of any kind, such as rubble, broken asphalt and concrete, crates, cartons, metal,
glass; appliances or appliance shells, vehicle bodies and parts, and inoperable or damaged
vehicles, and any castoff tangible personal property or fixtures; where kept without any such
claim of future use, such material constitutes waste material prohibited under title V of this code.
JUNK BUILDINGS, JUNK SHOPS, JUNKYARDS: Any land, property, structure, building or
combination of the same, on which junk is stored or processed, including, but not limited to,
recycling facilities.
KENNEL: Any lot or premises, on which three (3) or more domesticated animals more than six
(6) months of age are bred, boarded, trained or sold.
LARGE SCALE RETAIL BUSINESS DEVELOPMENT: A development that is proposed to
consist of any structure designed with a footprint larger than forty thousand (40,000) square feet
for any one retail establishment. This definition does not include government uses, educational
uses, health centers or hospitals, and similar establishments.
LAUNDROMAT: A self-service laundry facility not offering dry cleaning, and open to the
public; the term does not include a laundry facility which is an accessory use for a planned unit
development, for a multi-family housing development, or for a mobile home or travel trailer park
or campground, or the like.
LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups
and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles
when required off street parking spaces are filled.
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LOT: A quantity of land shown as an individual unit on the most recent relevant, approved plat
of record or approved record of survey; and also a quantity of land described in a deed recorded
prior to March 24, 1994, and apparently executed for the purpose, whether immediate or future,
of building development. The word "lot" includes the words "parcel" and "tract" where such
parcel or tract is the smallest quantity of land that includes the site of a proposed use or building
with respect to which a permit is sought, which quantity of land is the subject of a deed of
record. "Lot" does not include a strip or gore of land which was apparently conveyed for the
purpose of adjusting the boundary between ownerships of record. "Parcel" and "tract" can also
mean a larger quantity of land out of which a subdivision is being created, or a tract of land set
aside for future development, as the context makes most suitable. "Approved" as used in this
paragraph means formally approved under these or predecessor subdivision regulations.
LOT, AREA OF: The area of a lot is computed exclusive of any portion of the right of way of
any public or private street.
LOT, CORNER: A lot located at the intersection of two (2) or more streets.
LOT COVERAGE: The building footprint plus other surfaces such as driveways, decks, patios,
and walkways expressed as a percentage of the total lot area. See section 3.3.06 of this title.
LOT, FLAG: A lot with access to the bulk of the lot provided by a narrow corridor.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For
the purpose of determining yard requirements on corner lots and through lots, all sides of a lot
adjacent to streets shall be considered frontage, and yards shall be provided as indicated under
the definition of "yards" in this section.
LOT LINE ADJUSTMENT: A change or modification of easement lines or boundary lines
between existing lots, parcels of land, or properties, which does not reduce the area, frontage,
width, depth, or building setback lines of each lot, parcel of land, or property below the
minimum zoning requirements and which does not create additional lots or new streets.
LOT OF RECORD: A lot in a subdivision the plat of which is of record in the office of the
county recorder; or a lot or parcel described in a record of survey or deed so recorded prior to
March 24, 1994.
LOT, THROUGH: A lot other than a corner lot with frontage on more than one street. Through
lots abutting two (2) streets may also be referred to as "double frontage" lots.
LOT WIDTH: The distance parallel to the front lot line, measured between side lot lines through
that part of the building envelope or buildable area of the lot where the lot is narrowest.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and
similar industrial uses which are generally major operations and extensive in character, which
require large sites, open storage and service areas, extensive services and facilities, ready access
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to regional transportation and which normally generate some nuisances such as smoke, noise,
vibration, dust, glare, air pollution and water pollution.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually
controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements
such as smoke, noise, odor, or dust; operating and storing within enclosed structures, and
generating little industrial traffic and no nuisances.
McCALL AREA: The geographic area defined in the adopted Local Housing Policy for the City
of McCall, or in the absence of the same, the City limits of the City of McCall, Idaho and its
Area of Impact.
MEAN HIGH WATER MARK: The mark on all watercourses, where the presence and action of
waters is so common and continued in all ordinary years as to mark upon the soil a character
distinct from that of the abutting upland, in respect to vegetation, and destroys its value for
agricultural purposes. In areas where riprap bank stabilization has occurred, the measurement
shall begin on the landward side of such stabilization work.
MOBILE HOME: A vehicle or structure constructed with wheels for use on the public highways,
which has sleeping, cooking and plumbing facilities, is intended for human occupancy and is
being used for residential purposes. The term "mobile home" does not apply to any prefabricated
section of a factory built house to which wheels may be attached for the purpose of moving it to
a permanent location where it becomes affixed to real property.
MOBILE HOME PARK: Any privately owned place where two (2) or more mobile homes used
for human occupancy are parked within five hundred feet (500') of each other on a lot, tract or
parcel of land under the same ownership.
MOBILE HOME SPACE: A plot of land within a mobile home park designated for the
accommodation of a mobile home.
NONCONFORMING MOBILE HOME: A mobile home which is not permitted under the
district in which it is located, but which was permitted by or conformed to requirements of a
zoning ordinance in effect prior to March 16, 2006.
NONCONFORMING USE, DEVELOPMENT, OR STRUCTURE: A use, development, or
structure not permitted in the relevant zone or not conforming to one or more standards in this
title or title IX of this code, but which lawfully existed prior to the effective date of this title and
which is permitted to continue. See chapter 11 of this title.
NOTICE: As required by chapter 15 of this title.
NURSERY: Land, building, structure or combination thereof for the storage, cultivation, and
transplanting of live trees, shrubs or plants offered for retail sale on the premises; such use may
include sale of products used for gardening or landscaping.
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OPEN SPACE: An area substantially open to the sky which may be on the same lot with a
building. The area may include, along with natural environmental features, water areas,
swimming pools, tennis courts and any other recreational facilities deemed similar by the
commission and approved by the council. Streets, parking areas, structures for habitation, and the
like, shall not be included as open space.
OVERLAY: Describes a zone imposing requirements in addition to those of an underlying zone,
applied where characteristics of the land or the type of development proposed for the land
require special considerations.
OWNER: The person or persons holding the fee simple estate. For purposes of enforcement, the
owner in fee simple and also the person or persons in possession.
OWNER OCCUPANCY: A residential dwelling unit that is occupied by the property owner on
a full-time basis.
PARK, PUBLIC: An area of publicly owned land retained in the natural state and/or developed
with walks, recreation facilities, picnic areas, etc., for the use and enjoyment of the public.
(A) Park: A parcel of land dedicated to the public or privately owned. A park is maintained for
the primary purposes of recreations and/or green space.
(B) Green Space: Planned and preserved open land, an interconnected system of open land,
and determined to have cultural, ecological, and/or recreational value.
(C) Parks And Recreation Advisory Committee: The McCall parks board, a recommending
body whose members are appointed by the council.
(D) Master Plan: The McCall parks, lands and trails master plan, as may be amended from
time to time.
PARKING AREA: An area reserved for the parking of vehicles consisting of one, or more,
parking spaces.
PARKING, ON SITE: The area off of any public or private street, access easement or alley used
for the transient storage, with appropriate dimensions, of passenger vehicles, parking stalls,
access drives and aisles.
PARKING SPACE, OFF STREET: A space designed and designated for the parking of vehicles
located totally outside of the right of way of any street or alley, together with properly designed
access to a public street or alley, and maneuvering room.
PATIO: A recreation or living area that adjoins or is used in conjunction with a dwelling or other
building, is on grade, and is usually paved or surfaced, e.g., wood, stone, brick, etc., often used
for outdoor dining.
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PEDESTRIAN AMENITY: An area adjacent to a street right of way that is improved for
pedestrians; such areas include, but are not limited to, plazas, outdoor seating areas, bus waiting
areas, and street furnishings (e.g., seating, planter, drinking fountains, public art, kiosks, way
finding signs, etc.) within such areas.
PERIMETER FENCING: Fencing which substantially encloses the property in question.
PERMANENT LIVING QUARTERS: The use of a mobile home on one specific site for living
quarters for a period in excess of forty five (45) days in any twelve (12) month period shall
constitute a use for permanent living quarters.
PERSONAL SERVICES: Services rendered to the general public, such as, but not limited to,
those rendered by shoe repair shops, barbershops, beauty parlors and similar activities, for
financial gain.
PIER: That construction erected upon the shore for the purpose of providing access to docks.
PLANNED UNIT DEVELOPMENT (PUD): An area of land described in a final plan approved
pursuant to chapter 10 of this title, and the improvements and land features to be constructed on
it pursuant to the approval given.
PLANNING JURISDICTION: The geographic area consisting of the city of McCall together
with the city of McCall area of city impact.
PLANNING STAFF: The individuals assigned by the city to conduct the planning functions of
the city.
PLAT, FINAL: The plat of a subdivision or dedication, or any portion thereof, completely
approved and executed for filing and recording in the office of the Valley County recorder,
pursuant to title IX, chapter 2 of this code.
PLAT, PRELIMINARY: A preliminary plan of the plat, subdivision or dedication containing the
elements and requirements set forth in title IX, chapter 2 of this code.
PLOT PLAN: A plan showing the layout of improvements on a lot. The plot plan usually
includes location, dimensions, parking areas, landscaping and the like.
PRINCIPAL STRUCTURE: A structure located on a parcel which is designed for and used as
the primary structure as opposed to an attached or accessory structure.
PRIVATE COMMUNITY USES: Parochial schools, colleges, camps, hospital, and other
facilities of an educational, charitable, philanthropic or nonprofit nature.
PROFESSIONAL OFFICES: The use of a building or part thereof and related spaces for such
professional services as are provided by medical practitioners, lawyers, architects, engineers, real
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estate brokers/agents, title companies, subdivision or fractional ownership sales and marketing,
and similar professions.
PUBLIC OR SEMIPUBLIC PROJECT: A structure or development that, after completion,
would be devoted to public or semipublic uses, including churches and schools.
PUBLIC SERVICE FACILITY: Buildings, power plants or substations, water treatment plants,
pumping stations, sewage disposal or pumping plants, and other similar public service structures;
operated by a public utility, or by a municipal or other governmental agency; for purposes of
furnishing of electrical, gas, communication, water, sewer, and similar services.
PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures; not
including public land or buildings devoted solely to the storage and maintenance of equipment
and materials, and not including public service facilities.
RECORD GRADE: The natural grade existing prior to any site preparation grading, or filling,
unless a new record grade is approved at the time of subdivision approval and noted on the filed
final plat.
RECREATIONAL VEHICLE: A vehicular unit primarily designated as temporary living
quarters for recreation, camping or travel which either has its own power or is mounted on or
drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper and
motor home.
RECREATIONAL VEHICLE PARK: An area for the temporary placing of movable vehicles
designed and used for human occupation and housekeeping which involves land under single
ownership with lots rented for the location of recreational vehicles and provision of facilities and
services to campers by management.
REPLAT: A plat of a resubdivision, altering an existing plat or portion thereof. A replat does not
automatically change the dedication of rights of way and easements on previous plats; the
dedicated parts of the plat can only be vacated by specific action of the council, with commission
recommendation, on an application for a vacation.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as
chemistry, pharmacology, medicine, electronics, transportation, and engineering.
RESTAURANT: A place of business which sells or serves food products and beverages for
consumption on the premises, with a building consisting of a permanent structure that is fully
enclosed with a roof and walls, and where incidental dining may be permitted out of doors on a
patio, deck or terrace integrated into the building design.
RESTAURANT, FORMULA: An eating establishment devoted to the preparation and offering
of food and beverages for sale to the public for consumption either on or off the premises which,
by contractual or other arrangement, established or recognized business practice, or membership
affiliation, maintains any of the following:
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(A) Business name common to more than five (5) similar businesses located elsewhere;
(B) Standardized menus, ingredients, food preparation, uniforms, or other standardized
features common to more than five (5) restaurants located elsewhere;
(C) Interior decor common to more than five (5) similar businesses located elsewhere;
(D) Architecture or exterior signs common to more than five (5) similar businesses located
elsewhere;
(E) Use of trademark or logo common to more than five (5) similar businesses located
elsewhere (but not including logos or trademarks used by Chambers of Commerce, Better
Business Bureaus, or indicating a rating organization including, but not limited to, AAA,
Mobile or Michelin); or
(F) A name, appearance, or food presentation format which causes it to be substantially
identical to more than five (5) restaurants within or outside Valley County.
Provided, an eating establishment which has commonality with another restaurant or
business in a manner which is described in subsection (A), (B), (C), (D), (E) or (F) of this
definition shall not be considered a "restaurant, formula" under this chapter if the
commonality is shared with five (5) or fewer other restaurants or businesses.
RETAIL BUSINESS: A business which sells goods to the public at a price normally greater than
the wholesale price.
RETAIL, FORMULA: A retail, service retail, vending service retail, or restaurant business
(including fast food and coffee shops) that is required by contractual or other arrangement to
maintain standardized services, merchandise, menus, ingredients, food preparation, uniforms,
decor, logos, architecture, signs, or similar features.
RETIREMENT OR ASSISTED LIVING HOME: A dwelling designed for the habitation of
elderly, or invalid, individuals who may require some limited level of living assistance.
RIGHT-OF-WAY (PUBLIC): A strip of land taken, dedicated, or otherwise acquired for use as a
public way. In addition to the roadway, it normally incorporates space for curbs, planting strips,
sidewalks, lighting, drainage facilities, and snow storage; and may include special features
(required by the topography or treatment) such as back slopes, fill slopes, grade separation,
landscaped areas, viaducts and bridges. See the definitions of Street and Street, Gated.
RIPARIAN SETBACK: The distance measured at right angles from the mean high water mark
of a waterway, between the mean high water mark and an imaginary line parallel to the mean
high water mark, defining an area between such lines within which no building or other
applicable structure may be placed, and whereby any existing vegetation shall remain
undisturbed.
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ROADWAY: A portion or portions of a street right-of-way or of a street without platted right-of-
way developed, appropriately surfaced, and opened for vehicular traffic, commonly used by the
public, measured to the curb, in the absence of a curb to the top of the back slope of the borrow
ditch, and in the absence of curb or borrow ditch, to the bottom of the fill slope; where there is no
curb, no borrow ditch, and no fill slope, then to the edge of the traveled way.
SCHOOL: An institution providing full time day instruction which is accredited by and meets
the requirements of the Idaho State Board of Education, including nursery schools or
kindergartens whose annual session does not exceed the school sessions for full time day
schools.
SEAT: For purposes of determining the number of off street parking spaces for certain uses, the
number of seats is the number of seating units installed or indicated, or each twenty four (24)
linear inches of benches, pews or space for loose chairs.
SECURITY TRAILER: A mobile home used for residential purposes in the operation of a
business or industry to provide living quarters on the premises for a night watchman or caretaker.
SERVICE RETAIL BUSINESS: A business which sells a service to the public at a price
normally greater than the wholesale price.
SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and
motor vehicle accessories may be supplied and dispensed at retail and where, in addition, light
maintenance activities such as engine tuneups, lubrication, exhaust system repair, minor repairs
and carburetor cleaning are conducted. Activities conducted at a service station shall not include
major mechanical and body work, straightening of body parts, painting, welding or storage of
automobiles. Additionally, the sales of cold drinks, packaged food, tobacco and similar
convenience goods for service station customers is permitted, as accessory and incidental to
principal service station operations.
SETBACK LINE: A line established by this title, generally parallel with and measured from the
lot line, defining the limits of a yard in which an element of a building or structure shall not be
located aboveground except as may be provided in this title. The setback line for any particular
building element shall be determined by measuring from the appropriate lot line to the outermost
protrusion of the building element or structure such as the roof drip line of a roof, eaves of a
roof, or rail of a deck. The setback line from the water pool shore contour or high water mark
shall be measured from the nearest point of such water pool shore contour or high water mark.
Setbacks shall be measured on the horizontally projected plane.
SHOPPING CENTER: A complex of retail businesses grouped together and having a common
parking area.
SHORELINE: See water pool shore contour, high water mark.
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SHORT-TERM RENTAL: Any individually or collectively owned single-family house or
dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, or
owner-occupied residential home that is offered for a fee and for thirty (30) consecutive days or
less.
SIDEWALK: That portion of the road right of way outside the roadway which is improved for
the use of pedestrian traffic.
SIGN: See chapter 9, "Signs", of this title.
SITE PLAN: A detailed plan for a parcel which includes information about the plot, buildings
and other improvements, rights of way, easements, natural features, etc.
SLASH: Brush, severed limbs, poles, tops and other waste material incident to logging or land
clearing which are less than or equal to three inches (3") in diameter.
STORAGE FACILITY, SELF-SERVICE: A facility designed primarily for the covered or
enclosed storage of belongings of the public on a rental basis. These facilities are usually secured
with fencing and security gates.
STORAGE OR MERCHANDISING FACILITY, TEMPORARY: Includes, but is not limited to,
tents, freight trailers, freight containers, or other storage units, which are being used for storage
of equipment or inventory, or used for the display and sale or rental of equipment or
merchandise; but does not include personal utility or boat trailers in a residential district on the
property of the owner of the same.
STORAGE YARD: Any area used for storage of vehicles, equipment, materials and/or similar
items, either commercial or private.
STORY: That part of a building between the surface of a floor and the ceiling immediately above
it, including the ceiling structure.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties.
The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue,
boulevard, lane, place, and other such terms. Streets are classified as follows (where an existing
street has less than the below indicated width of right of way, such fact shall not deprive it of the
status of "street", but shall instead evidence city policy for lawful acquisition of right of way in
the fullness of time). Streets are designated in title VIII, "Public Ways And Property", of this
code.
(A) Minor: A street which has the primary purpose of providing access to abutting properties,
of which the right of way shall be not less than sixty feet (60') in width;
(B) Collector: A street designated in title VIII of this code for the purpose of carrying traffic
from minor streets to other collector streets and/or arterial streets, of which the right of way
shall be not less than seventy feet (70') in width.
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(C) Arterial: A street designated in title VIII of this code for the purpose of carrying fast
and/or heavy traffic, of which the right of way shall be not less than eighty feet (80') in
width.
(D) Private: A street that is not accepted by the city (or, in the impact area, by the county) for
public maintenance which provides vehicular and pedestrian access, of which the roadway
shall be adequate in width to provide access for emergency vehicles when snow is being
stored, and in any event with a paved roadway not less than twenty feet (20') wide.
Minimum right of way for a private street shall conform to the functional classification in
subsections (A), (B), and (C) of this definition or as otherwise approved by the commission
(see section 9.6.05 of this code).
(E) Emergency Access Street: A street designed to connect two (2) otherwise incompatible
streets with excessive cul-de-sac lengths so as to remove the incompatibility and which will
accommodate emergency, and other, vehicles. The right of way shall not be less than forty
feet (40'), with a paved roadway of at least twenty feet (20') wide.
(F) Cul-De-Sac: A short street terminated by a vehicular turnaround.
(G) Dead End: An adjective describing a street terminating at a property line, having no outlet.
(H) Alley Or Alleyway: A minor way which is used primarily for vehicular service access to
the rear or side or properties also abutting on a street.
(I) Frontage: A minor street parallel to and adjacent to an arterial street providing access to
abutting properties and protection from through traffic.
(J) Highway: A street designated as a state or federal highway by the state or federal agency
responsible therefor.
(K) Half: A portion of the width of a street, usually along the edge of a subdivision, where the
remaining portion of the street could be provided by dedication in connection with approval
of an adjoining subdivision.
STREET, GATED: Any street, public or private, with a gate across the traveled way, whether
open at all times or periodically closed and locked or otherwise secured.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as
a bearing wall, column, beam or girder, floor or ceiling joist, roof rafter, roof diaphragms,
foundation, pilings, retaining walls, or similar elements, or changes in roof or exterior lines.
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,
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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 of this title; and
(D) Docks and retaining walls otherwise permitted by this title.
SUBDIVIDER: An applicant for approval of the platting of a subdivision of land pursuant to title
IX of this code. The subdivider shall be an "owner" as defined in this section. For purposes of
enforcement, "subdivider" also includes a person who creates an unapproved subdivision.
SUBDIVISION: The division of a tract or parcel of land into two (2) or more lots, sites, or other
divisions for the purpose, whether immediate or future, of sale, lease, or building development,
including any resubdivision, and when appropriate to the context, the process of subdividing the
land subdivided. "Subdivision" is so defined for purposes of subject matter jurisdiction; that
certain action constitutes a "subdivision" for purposes of this title and title IX of this code does
not imply the necessity of a plat under state law, as opposed to a "record of survey" under state
law approved as to zoning by the city. See title IX of this code.
SUPERMARKET: A "supermarket" or "grocery store" is a store that sells a wide variety of food.
A supermarket is larger than and more than a grocery store. Most supermarkets also sell a variety
of other household products that are consumed regularly, such as alcohol (where permitted),
household cleaning products, medicine, and clothes.
SUPPLY YARD: A commercial establishment storing and offering for sale building supplies,
steel supplies, coal, heavy equipment, feed and grain and similar goods.
SURVEYOR: A professional land surveyor registered in the state of Idaho.
TEMPORARY LIVING QUARTERS: A living quarters used by a family or individual(s) for a
limited period of time for an approved purpose, such as the construction of a permanent
dwelling; the time limit is to be proposed by an applicant and approved by the administrator.
TOWNHOUSE DEVELOPMENT: A planned residential project of two (2) or more townhouse
units which may be constructed as single building(s) containing two (2) or more townhouse
units. Each unit within the development shall be separated from the adjoining unit or units by
firewalls as required by the international building code, as amended, each unit having its own
access to the outside, and no unit located over another unit in part or whole. All townhouse
development(s) shall be platted under the procedures contained in title IX of this code.
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TOWNHOUSE SUBLOT: The lot resulting from platting a residential townhouse development.
TOWNHOUSE UNIT: One or more rooms, including a minimum of one bathroom and a single
kitchen, designed for or occupied as a unit by one family for living and cooking purposes,
located in a townhouse development on a platted townhouse sublot, and meeting the efficiency
dwelling unit standards established in the international building code, as amended.
TREE: A tall perennial woody plant having a main trunk and branches forming a distinct
elevated crown.
UPPER FLOOR: Any floor of a building which is situated above the elevation of the ground
floor.
USE: The specific purposes for which land or a building, or a portion of either or both, is
designated, arranged, or intended, or for which it is or may be occupied or maintained.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, and
stormwater, and similar facilities providing service to and used by the public.
VARIANCE: The relaxation of an otherwise applicable dimensional requirement. See chapter
13 of this title.
VEHICLE: A "vehicle" as defined in the Idaho Code; however, for purposes of the sign
regulations, authorization of signs on vehicles, a vehicle which is currently, regularly,
commonly, and principally used for a significant transportation purpose other than display of
such sign and which motor vehicle is not under any circumstances to be used principally as a
sign for a business, either in the scenic route overlay district, or elsewhere, no matter how
conforming to this title the sign may otherwise be.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming,
diagnosis and treatment of sick, ailing, infirm, or injured animals, and those who are in need of
medical or surgical attention, and may include overnight accommodations on the premises for
treatment, observations and/or recuperation. It may also include boarding that is incidental to the
primary activity.
VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of
the proposed development to other nearby developments or landmarks and community facilities
and services within the general area, in order to better locate and orient the area affected by an
application.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or
not along the side of a road.
WASTE MATTER: Any kind of liquid or solid waste, including without limitation, trash,
household garbage or refuse of any kind, such as rubble, broken asphalt and concrete, crates,
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cartons, metal, glass; appliances or appliance shells; vehicle bodies and parts; or accumulations
of manure other than that customarily in pastures and in association with fertilization of lawful
on site agricultural uses. "Waste matter" also includes anything that was in a waste container but
which has escaped from the same.
WATER POOL SHORE CONTOUR, PAYETTE LAKE: The intersection with the shore of a
horizontal plane at an elevation of 4,988.79 feet above sea level. It is irrelevant for purposes of
this title that such contour is or is not covered by water at any particular time or times.
WETLANDS: Lands which are dedicated and protected in accordance with Federal laws and are
not to be included in the calculation of land to meet the requirements for parks.
WRECKING YARD: A place where the dismantling or wrecking of two (2) or more used motor
vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts, occurs. See also definition of Junk
Buildings, Junk Shops, Junkyards.
YARD: An area, unoccupied and unobstructed by any structure or portion of a structure;
provided, that accessories, ornaments and furniture may be permitted in any yard, subject to
height limitations and requirements limiting obstruction of visibility, defined as the area between
the lot line and the setback line.
YARD, USABLE: One (1) or more well drained open areas covered with lawn grass or other
suitable cover material, located on the same lot as the principal use, for use by the residents for
outdoor activities. Usable yard may be computed in part using sandboxes, horseshoe pits, and
like outdoor recreational facilities. No dimension of the usable yard shall be less than ten feet
(10'). "Usable yard" does not include driveways, common walks, refuse storage or collection
areas, or off street parking or loading areas. Decks and accessible flat roof areas having at least
one (1) dimension of ten feet (10'), and no dimension less than three feet (3'), may be used to
meet a usable yard requirement. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 840, 9-6-2007;
Ord. 846, 11-5-2007; Ord. 864, 2-12-2009; Ord. 880, 9-23-2010; Ord. 930, 12-18-2014, eff. 1-1-
2016; Ord. 952, 11-3-2016)
3.3.02: RESIDENTIAL USE REGULATIONS:
(A) Permitted And Conditionally Permitted Uses: The uses identified in table 3.3.02 of this
section shall be the primary uses allowed to occur on a property. All uses, unless otherwise
provided for in this title, shall be conducted within enclosed structures. All uses not listed in
table 3.3.02 of this section require review by the commission and a conditional use permit.
The primary uses identified in table 3.3.02 of this section shall be permitted or conditionally
permitted as indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
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C: Where the symbol C appears, the use shall be permitted subject to the issuance of a
conditional use permit in accordance with section 3.13.03 of this title.
Where no symbol, or a dash, appears, the use is not permitted.
TABLE 3.3.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN RESIDENTIAL ZONES
Allowed Use RR RE R1 R4 R8 R16
Accessory structure >1,500 square feet C C C C C C
4
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 A 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
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Dwelling, rooming house C C C C C C
Dwelling, short term rental, occupancy less than 20 P P P P P P
persons
Dwelling, short term rental, occupancy 20 or more C C C C C C
persons
Dwelling, two-family P P P P P P
Dwelling unit, accessory (including guesthouses) P P P P P P
Dwelling Unit, local housing P P P P P P
Dwelling, short term rental, occupancy less A A A A A A
than 20 persons
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 - - -
2
Large scale retail business - - - - - -
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
3
Restaurant, formula - - - - - -
Retail business C C C C C C
1
Retail, formula - - - - - -
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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 - - -
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.
4. See Section 3.8.11 of this title for limitation on size and requirements of design review.
(Ord. 931, 2-12-2015)
3.4.02: COMMERCIAL USE REGULATIONS PERMITTED AND CONDITIONALLY
PERMITTED USES WITHIN COMMERCIAL ZONES:
(A) Permitted And Conditionally Permitted Uses: The uses identified in table 3.4.02 of this
section, uses within commercial zones, shall be the primary uses allowed to occur on a
property. All uses, unless otherwise provided for in this title, shall be conducted within
enclosed structures. For example, some businesses, such as a gas station or car wash, will
have a portion of a use outside the primary structure. All uses not listed in table 3.4.02 of this
section require review by the commission and a conditional use permit. The primary uses
identified in table 3.4.02 of this section may be permitted or conditionally permitted as
indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
C: Where the symbol C appears, the use may be permitted subject to the issuance of a
conditional use permit in accordance with section 3.13.03 of this title.
Where no symbol, or a dash, appears, the use is not permitted.
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TABLE 3.4.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN COMMERCIAL ZONES
Allowed Use NC CC CBD
Adult entertainment establishment - - -
Agricultural or garden use, without farm animals P P P
Amusement or recreation facility, indoor C P P
Amusement or recreation facility, outdoor C A C
Animal boarding with outside runs C C -
Animal clinic, animal hospital, or veterinary office C P P
Animals, small farm animals A A A
Auction establishment, outdoor C C C
Automobile, major repair - C -
Automobile or recreational vehicle sales or service (used C P C
or new), indoor
Automobile or recreational vehicle sales or service (used - C -
or new), outdoor
Bank P P P
Bar, brewpub, or nightclub C P P
Camp - C -
Car wash C C C
Care center P P P
Cemetery C C -
Church C P P
Clinic, medical (excluding animal or veterinary) P P P
Club or social hall C P P
Contractor's yard or shop - C -
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Convention facility - C P
Crematory - C -
Drive-up window service - C -
Dry cleaning facility - C C
Dwelling, accessory A P P
Dwelling Unit, local housing P P P
Dwelling Unit, seasonal housing A A A
1,21,2
Dwelling, multi-family P P P
Dwelling, rooming house C P P
1,2
Dwelling, single-family P P P
Farm, garden, lumber, or building supply store C P P
Hotel or motel C P P
Kennel, commercial C C -
4
Large scale retail business - - -
Laundromat P P P
1
Mixed use Use procedure of most restrictive
use
Mortuary P P -
Nursery, retail (only) P P P
111
Off street parking facility when not accessory C P C
Office, temporary construction A A A
Package and letter delivery service C P P
Personal, business, or professional service P P P
Portable classroom A A A
Professional offices P P P
Public parks, recreation areas or easements, and trails P P P
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Public service facility C C C
Radio and television broadcasting station P P P
Recreational vehicle park C C -
Recycling center P P -
Rental or retail store with outdoor storage or display C C C
yard
Rental or retail store without outdoor storage or display P P P
yard
Research and development facility P P P
Restaurant P P P
5
Restaurant, formula P P P
3
Retail, formula P P P
Retail sales relating to an approved use A A A
Retirement or assisted living home P P P
School, public or private P P P
School, vocational or trade P P P
Service retail business A A A
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 P 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) P P P
Truck stop - C -
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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.
3.2. See section 3.8.18 of this title for limitations on retail, formula.
4.3. See subsection 3.8.02(E) of this title.
5.4. See section 3.8.17 of this title for limitations on restaurants, formula.
(Ord. 923, 5-22-2014)
3.4.04: COMMERCIAL ZONE SPECIAL DEVELOPMENT STANDARDS:
(A) Design Review: Design review is required as provided for in chapter 16 of this title. (Ord.
821, 2-23-2006, eff. 3-16-2006)
(B) Sidewalks, Curbs And Gutters: Sidewalks, curbs and gutters or pathways according to the
McCall area pathways master plan are required as provided for in title IX of this code. (Ord.
898, 5-10-2012)
(C) Outdoor Eating And Seating: Outdoor and/or sidewalk eating and seating provisions may be
administratively approved, subject to the review of an applicant's plan for outdoor seating.
The submitted plan must include:
1. Hours of operation for outdoor seating versus indoor seating;
2. Location of outdoor seating facilities during and outside of business hours;
3. Necessary food and alcohol permits for outdoor operation;
4. Plans for waste abatement;
5. Letter of agreement to the conditions outlined in the outdoor seating plan. (Ord. 864, 2-12-
2009)
(D) Uses: Residential uses, including single family, multi-family, and local housing are allowed
as part of a mixed-use development, including commercial and or public uses within the
CBD and CC zones and under the following conditions provided, that commercial and/or
public use development shall be incorporated into any residential development. This can be
achieved in several ways, such as:
1. In a multi-story structure, provide for commercial space and/or public uses are provided at
the street level with residential space above (or below).
2. In a development with Within a parcel, provide for a commercial and/or public use building
facing the primary street, with residential units are located to the rear or side.
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3. Provide for a combination of living and entrepreneurial spaces, such as artists' lofts and
quarters or specialized training facilities within a site residence.
4. 3. In each case, a proposal will be expected to provide at least fifty percent (50%) ground
floor area in commercial and/or public uses; or in the CC zone, an equivalent square footage
are deed restricted for local housing. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.02: PUBLIC ZONE USE REGULATIONS PERMITTED AND CONDITIONALLY
PERMITTED USES WITHIN PUBLIC ZONES:
(A) Permitted And Conditionally Permitted Uses: The uses identified in table 3.6.02, "Permitted
And Conditionally Permitted Uses Within Public Zones", of this section shall be the primary
uses allowed to occur on a property. All uses, except for those provided for in
subsection 3.8.01(H), "Outdoor Display Areas", section 3.8.05, "Temporary Storage And
Merchandising Facilities Not To Become Permanent", of this title, and aircraft parking and
light maintenance in the AP zone, shall be conducted within enclosed structures. All uses not
listed in table 3.6.02 of this section require review by the commission and a conditional use
permit. The primary uses identified in table 3.6.02 of this section shall be permitted or
conditionally permitted as indicated
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
C: Where the symbol C appears, the use may be permitted subject to the issuance of a
conditional use permit in accordance with section 3.13.03, "Conditional Use Permit
Standards", of this title.
Where no symbol, or a dash, appears, the use is not permitted. (Ord. 821, 2-23-2006, eff. 3-
16-2006)
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 - -
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Airport (public ownership) C - P
Animals, small farm animals P A -
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, local housing A A A
Dwelling, single-family detached C P -
1
Dwelling unit - C -
Golf course and country club C C -
Hospital or clinic C A -
Hotel, motel, lodge C C -
Kennel A - -
3
Large scale retail business - - -
Livestock facility .300 AU C - -
Manufacturing facility (light) - C C
4,5
Mixed use - C -
Mortuary C A -
Museum C C C
Nursery, wholesale (only) P - -
Nursing facility, skilled - A -
Office building or use, relating to an approved development C A C
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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
6
Restaurant, formula - C C
2
Retail, formula - 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
Warehousing facility - - C
Winery C - -
Notes:
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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.
(Ord. 875, 5-27-2010)
3.7.032: REQUIREMENTS FOR DEVELOPMENT:
Prior to the issuance of a building permit, and prior to any clearing, grubbing, excavation, or
other construction (including removal of any existing structures or improvements), the owner
shall apply for scenic route and design review approval in accordance with the procedure
outlined in chapter 16 of this title, which application shall include a site plan. A building permit
shall neither be issued, nor any such work or construction undertaken, until approval of the site
plan and design approval of proposed structures.
(A) Materials Provided By Applicant: The applicant shall furnish graphic or pictorial material
sufficient to indicate the nature of any proposed development or improvement to include
signing and landscaping, and an indication of obscured views, if any.
(B) Commission Determination: The commission shall ascertain whether the proposed
development, improvement 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 surroundings and the desired visual quality of the scenic
route.
(C) Structure Height: The maximum height for any structure is thirty five feet (35'), except for
structures containing deed restricted local housing, created by the density bonus provision set
forth in Section 3.8.21, where the maximum height may be 50’ if setback 75’ from the right-
of-way.
(D) Setbacks: All structures in subdivisions platted after March 16, 2006, are to be set back from
the property line not less than seventy five feet (75'), except that where the lot is within any
residential zone, commercial zone, airport (AP) zone, business park or industrial zone, the
setbacks provided for such zone shall govern instead. The setback requirements for parcels
along South Third Street (Highway 55) from Deinhard Lane to the south boundary of the
impact area are as follows:
1. Adjacent to, or within, three hundred feet (300') of a street intersection, the setback will be
ten feet (10').
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2. Otherwise, the setback will be thirty five feet (35').
(E) Timber Harvesting: The existing forest in the McCall area is considered a public resource,
important to the character of the planning jurisdiction and its tourist economy. Prior to the
issuance of a relevant building permit, the harvesting of timber shall be limited to dead,
dying or damaged trees. Slash shall not be accumulated or piled within view of the roadway.
Following issuance of a relevant building permit, tree removal is additionally permitted
within the area of the building footprint, other structures, driveways, and other
improvements, and in accord with section 3.8.04, "Fire Hazard Mitigation Standards", of this
title. Development of the lot should endeavor to preserve standing, healthy trees outside the
area occupied by improvements; lawn not being considered an improvement for these
purposes. Landscaping shall replace trees harvested or removed.
(F) Access Roads:
1. Access roads in subdivisions and resubdivisions platted after March 16, 2006, will be kept
to a minimum. Every subdivision platted after March 16, 2006, shall provide an interior
roadway providing access to each lot, which interior roadway shall connect to the scenic
route at a single point of access, as is the case with Lucks Point Subdivision, for example,
except as the fire chief may require an additional access. The intersections of any two (2)
access roads with the scenic route in the impact area and any portion of the planning
jurisdiction that was in the impact area on March 16, 2006, shall be no closer than one
thousand feet (1,000') to each other. Where the entire frontage of a parcel on the scenic
route on March 16, 2006, is less than one thousand feet (1,000') from the intersection of its
side boundaries with the right of way, and if an agreement with adjacent property owners
for a common property line point of access is not reached after bona fide effort, that shorter
distance between intersections is permitted which is consistent with a minimization of
points of access. Direct driveway access shall be discouraged to the scenic route in the
impact area.
2. Inside the city limits within existing subdivisions where individual lots with scenic route
right of way as a lot boundary cannot obtain access to the public road from a road interior to
the subdivision, direct access onto the scenic route may be allowed; provided, that the
driveway distances in the applicable zone shall apply. In such cases, common driveways on
common lot lines, thus two (2) driveway accesses per four (4) lots, may be required.
(G) Bike Paths: Some or all of the routes listed in section 3.7.031 of this chapter are designated
by the parks and recreation master plan (also see the "McCall area pathways master plan") to
have a bike path, walkway or other recreational routing alongside, or as a part of the scenic
route. Where such designation exists, the commission shall assist in the effectuation of the
master plans by the exaction of recreational easements or dedication of additional right of
way or other techniques to ensure a continuous route for such uses. In all cases, the city must
show that such exaction is roughly proportional to the impacts of the development and that
the conditions for implementing portions of the bike paths are to be based upon an
individualized determination for each development that the conditions are related to both the
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nature and extent of such impacts. Digital data for easements shall be provided according to
the digital data submittal standards policy.
(H) For Sale: Along the scenic route, vehicles and other personal property shall not be displayed
for sale outside of a building unless the occupant of the property is an authorized dealer of
merchandise that is consistent with the primary business and has obtained approval from the
administrator. The owner or occupant of property along the scenic route may display his or
her own vehicle or other personal property for sale on his or her own premises. (Ord. 902, 7-
12-2012)
3.8.11: ACCESSORY USE, BUILDINGS AND STRUCTURES:
(A) Accessory dwelling units may be used for lease or rental purposes by obtaining a business
license for rental. See chapter 13, "Permits And Applications", of this title. Accessory
dwelling units are not considered for purposes of determining development density. An
accessory dwelling unit must meet the requirements of the city code, where applicable, for
separate water connections, and shall be separately connected to a municipal sewer main, or
meet all governmental standards for water and sewage systems where municipal systems are
not available.
(B) An accessory building shall have the same exterior finishing colors and textures as the
principal building to which it is accessory, unless some other design or materials are
approved by the commission under the procedures for a conditional use Administrator;
provided, that if the building roof does not comply with fire mitigation standards, materials
which do meet those standards may be substituted.
(C) Accessory dwelling units intended for rental or lease (greater than 30 days), are considered
long term rentals; short term, or vacation, rentals are intended for rental periods of thirty (30)
days or less. (Ord. 821, 2-23-2006, eff. 3-16-2006)
(B) The size of an accessory structure shall be limited to 1500 square feet unless the structure
contains a local housing unit then there is no limitation on size.
3.8.11.01: ACCESSORY DWELLING UNITS
Accessory Dwelling Units: Accessory dwelling units are permitted subject to the provisions of
Chapter 16 DESIGN REVIEW of this Title and the following conditions:
(A) Number: One accessory dwelling unit is permitted as subordinate to any existing principal
dwelling unit or on property where there is a development permit to establish a principal
dwelling unit, except as allowed through the LOCAL HOUSING DENSITY BONUS
PROGRAM set forth in Section 3.8.21.
(B) Location: An accessory dwelling unit shall be separate from, a part of, or added to the
principal dwelling unit.
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(C) Density: Accessory dwelling units shall not be considered for purposes of determining
development density.
(D) Basic Requirements for Habitation: An accessory dwelling unit shall provide basic
requirements for living, sleeping, eating, cooking and sanitation.
(E) Health and Safety Code Requirements: An accessory dwelling unit shall meet the
requirements of city code Title 2 BUILDING REGULATIONS and meet all governmental
standards for water and sewage systems.
(F) Size: The square footage of the accessory dwelling shall not exceed 1500 square feet, unless
the unit has been dedicated as a local housing unit.
(G) Parking: No additional parking is required.
(H) Accessory dwelling units that qualify as Local Housing may request a waiver from the
monthly water service fees subject to available funding.
(I) Rental Requirements:
1. Accessory dwelling units may be used for lease or rental purposes by obtaining a business
license for rental pursuant to Title 4 BUSINESS REGULATIONS of the Municipal Code.
In the situation where there is a short-term rental on a property, either the accessory
dwelling unit or the principal residence shall be owner occupied or a deed restricted local
housing unit.
3.8.21 LOCAL HOUSING DENSITY BONUS PROGRAM
(A) Purpose: The purpose of the Local Housing Density Bonus Program is to implement the
goals of the 2018 McCall Area Comprehensive Plan:
1. Promote a variety of quality housing types for current and future residents.
2. Support a local housing program as part of the vision for a diverse and year-round
economy.
3. Support multi-faceted strategies to address local housing opportunities.
(B) Applicability: The density bonus may be applied in any residential or commercial district.
(C) General Provisions: Review and approval of a density bonus and the general provisions set
forth below shall be determined through the required permit process as set forth in section
3.13.01. The applicant must demonstrate that the proposed units/lots comply with the criteria
for local housing as set forth in City Council adopted policies.
1. Local housing units in a development shall be mixed with, and not clustered together or
segregated in any way from, market-rate units.
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2. All development on the property, including the portion proposed for local housing, shall
meet all the provisions of section 3.3.03 RESIDENTIAL ZONE GENERAL
DEVELOPMENT STANDARDS; 3.3.04 RESIDENTIAL ZONE LOT WIDTH VERSUS
SIDE YARD SETBACK; 3.3.041 SNOW SHEDDING ROOF SETBACK; and 3.3.05
RESIDENTIAL ZONE LOT COVERAGE OF IMPROVEMENTS.
3. The location of parking spaces as set forth in section 3.8.06(D) and the number of parking
spaces required as set forth in Table 3.8.062 VEHIICLE PARKING may be modified for
local housing units pursuant to 3.8.06(I) REDUCTION OF REQUIREMENTS.
4. The local housing unit(s) provided as part of the density bonus shall be made available
concurrent with the availability of the market rate units and recorded as a deed restricted
local housing unit or lot.
(D) Calculation of the Density Bonus:
1. In the residential zones, density bonuses include additional dwelling units, additional
building lots and reduction in minimum lot size above what is entitled in the base zone.
2. In the Community Commercial (CC) and Central Business District (CBD) zones, density
bonus includes additional height above what is entitled in the zone.
3. The calculation of the density bonus is as shown in Table 3.8.21.
4. Only one incentive may be applied to any one project.
TABLE 3.8.21:
DENSITY BONUS CALCULATION
Incentive Density Bonus
Additional dwelling units 1 additional unit for each local housing unit
Additional building lots 1 additional building lot for each lot deed
restricted for local housing
1
Additional height in commercial zones50’ maximum height without a conditional
use permit when 25% of the floor area of
the development devoted to local housing
units.
Reduction in minimum lot size to the standards 50% of the additional lots created by the
allowed by the next higher density residential bonus shall be deed restricted to local
zoning category. housing.
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Ord. 983 Local Housing and Short-term Rental Code Update
December 19, 2019
Notes:
1. Not applicable where height is restricted for health and safety purposes, as for aircraft
navigation. See special provisions within the scenic route overlay, Section 3.7.032.
3.8.22 SEASONAL DWELLING UNITS
Seasonal Dwelling Units: Seasonal dwelling units for use by employees of businesses or
institutions within the McCall Area including the city limits and McCall Impact Area are
permitted subject to section 3.13.01 ADMINISTRATIVE REVIEW and under the following
conditions:
(A) Approval of an application through the Administrative Review shall be based on the carrying
capacity of the site for the addition of seasonal dwelling unit(s) and the impacts on
surrounding properties considering the following factors: number of proposed units, setbacks
of the units to the property lines, access and parking, visibility to the public right of way and
surrounding properties, refuse disposal and ability to maintain healthy and safe living
conditions.
(B) A declaration signed by the property owner and the employer filed with the city prior to
occupancy of the seasonal dwelling unit stating that the seasonal dwelling unit will be used
for the exclusive use of seasonal employees; stipulating the length of time the seasonal
dwelling will be occupied; and declaring that the location for the seasonal dwelling unit is on
property owned or managed by the employer.
(C) An inspection by the city verifying that the seasonal dwelling unit adheres to all health and
safety standards and setbacks and height standards of the zoning district within which it is
located.
(D) Seasonal dwelling unit(s) may occupy a parcel/lot between May 1 and October 31.
3.10.01: PURPOSE:
The planned unit development (PUD) process provides an opportunity for land development that
preserves natural features, allows efficient provision of services, and provides common open
spaces or other amenities not found in traditional lot by lot development. The procedure may
allow a combination or variety of residential, commercial, office, technical, business park and
industrial land uses. It also provides for the consistent application of conditions of approval for
the various phases of the planned unit development. A planned unit development is intended to:
(A) Permit greater flexibility and, consequently, more creative design for development than
generally is possible under conventional zoning regulations.
(B) Retain and preserve natural scenic qualities and topographic features of open spaces;
promote aesthetics; prevent disruption of natural drainage patterns.
(C) Promote the creation and efficient use of open space and park area.
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Ord. 983 Local Housing and Short-term Rental Code Update
December 19, 2019
(D) Provide a harmonious variety of neighborhood development and a higher level of urban
amenities. (Ord. 885, 3-24-2011)
(E) Promote local housing and a variety of housing types in quality development.
3.10.024: DENSITY BONUS:
The following maximum increases in density may be granted singularly or cumulatively only if
the accompanying conditions are met:
(A) Ten percent (10%): Solar, wind, geothermal, or other alternative renewable energy source
will provide at least fifty percent (50%) of the total energy needs of the PUD.
(B) Ten percent (10%): At least twenty five percent (25%) of the property included in the PUD is
located in the floodplain and no development occurs within the floodplain, except that the
PUD shall provide public access to the floodplain for passive open space use.
(C) Twenty percent (20%): At least fifty percent (50%) of the units are community housing units
as defined within this title In compliance with section 3.08.21 Local Housing Density Bonus
Program.
(D) Density bonuses exceeding those listed above, and for project amenities and benefits to the
community other than those listed may be granted by unanimous vote of the council,
following a recommendation by the commission, in order to carry out the purpose and intent
of this section 3.10.02 and the land use policies of the city.
(E) Twenty percent (20%): The developer incorporates into the subdivision a facility for
approved treatment of sewage and disposal of the treated effluent on site, and which is
approved by the state of Idaho. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.13.036: RENTAL OF ACCESSORY DWELLING UNITS:
Accessory dwelling units located within any residential or commercial zone may be rented by the
owner upon approval of an administrative permit pursuant to section 3.13.01 of this chapter.
(A) Term Of Permit: Permits are good for one year and must be renewed annually to be valid.
Permits will expire automatically one year after the application is filed and accepted by the
city unless renewed.
1. The applicant may reapply for a permit renewal in writing to the administrator; no further
hearing will be required unless the administrator determines, through review of the
previous history of this permit, there have been excessive complaints by the police
department or violations of the terms of the permit.
2. Reapplication should be filed at least forty five (45) days before expiration to assure
renewal before expiration.
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December 19, 2019
(B) Recordation Not Required: There is no recordation required (see section 3.13.035 of this
chapter).
(C) Violation Of Terms Of Permit: In the event that the terms of the permit (i.e., findings and
conclusions) are violated by the owner, or representative of the owner, then the permit shall
immediately become null and void. Such an action taken under this section will be decided
by the administrator.
(D) Hearing Concerning Complaints: In the event of complaints received (due to excessive noise,
disruptions, parking violations, or other valid nuisances) from interested parties, the
administrator may hear, in a public meeting, these complaints and decide on a further course
of action. The owner, or representative, or the complainant may appeal a ruling to the
commission for a final judgment.
(E) Criteria For Maintaining Accessory Dwelling Unit:
1. An accessory dwelling unit shall be separate from, or a part of, the principal residence.
2. An accessory dwelling unit shall be used for lease or rental purposes subject to the
requirements in this chapter.
3. Accessory dwelling units shall not be considered for purposes of determining
development density.
4. An accessory dwelling unit shall meet the requirements of city code, where applicable,
for separate water connections, and shall be separately connected to a municipal sewer
main, or meet all governmental standards for water and sewage systems where
municipal systems are not available. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.13.036 ADDITIONAL CONDITIONAL USE PERMIT STANDARDS FOR
DWELLING, SHORT-TERM RENTAL WITH OCCUPANCY OF 20 OR MORE
GUESTS
(A) The conditional use permit for the short-term rental with occupancy of 20 or more guests
shall comply with the general standards and findings for approval of a conditional use permit
as set forth in 3.13.03.B and the standards for all short- term rentals set forth in 03.13.09.
(B) The use of the dwelling unit as a short-term rental shall not have greater impacts than would
be created by long term occupancy of the dwelling unit including the following:
1. Access: The access and ingress to the site shall maintain safe conditions for pedestrians
and vehicles and shall be adequately sized and designed so that access to other properties
is not impacted or unsafe conditions on public streets are created.
2. Parking: Improved surface areas on the site shall be the minimum necessary to provide
adequate parking for the occupancy.
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December 19, 2019
3. Noise: Loud music, outdoor activities or any other source of noise that can be heard
beyond the perimeter of the short-term rental premises shall not be generated during the
hours of 10 pm to 8 am the following day.
4. Health and Safety: The building is designed to accommodate the occupancy expected.
Smoke, propane gas and carbon monoxide detectors shall be installed and maintained.
5. Exterior Changes: No exterior changes shall be made to the structures or site conditions
that would eliminate its appearance or use as a dwelling unit for long term residency.
6. Use Restrictions: A copy of the use restrictions (occupancy, number and location of
parking spaces, restrictions on RV parking, solid waste collection, quiet hours and noise
restrictions, outdoor activity restrictions) as imposed through the conditional use permit,
and the name and phone number of local representative and property owner shall be
posted within the short-term rental dwelling unit for user reference.
(C) Neighborhood Impacts: a communication strategy with neighbors within 300’ of the short-
term rental regarding any complaints shall include:
1. The contact information of the property representative to serve as initial contact if there
are questions or complaints regarding the operation of the short-term rental, and
2. A copy of the conditions of approval.
(D) Application Requirements: In addition to the Conditional Use Permit (CUP) application, the
following submittals are required prior to the noticing of a public hearing before the McCall
Area Planning and Zoning Commission:
1. A basic site plan that indicates the location of on-site parking;
2. an operations plan;
3. a communication strategy;
4. a stormwater management plan, if there are changes to the site; and
5. a declaration identifying the date and location of the neighborhood meeting and a roster
of the persons attending.
3.13.09 PERMIT STANDARDS FOR DWELLING, SHORT-TERM RENTALS
(A) All short-term rentals shall comply with this section and file with the Administrator, a signed
declaration affirming that the property will be managed to adhere to the following
requirements:
1. Parking: all parking for the unit is contained on the site and not more than one (1) parking
space per bedroom is provided. All trailers shall be parked on a surfaced area, if space is
provided, and shall not park on the right-of way.
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Ord. 983 Local Housing and Short-term Rental Code Update
December 19, 2019
2. Occupancy: Short-term rentals shall contain no more than four (4) people per bedroom.
Total maximum occupancy of the short-term rental shall be based on the number of
bedrooms times four (4).
3. Noise: Quiet hours from 10 pm to 8 am the following day are enforced.
4. Safety: Smoke, propane gas, and carbon monoxide detectors are installed within the
premises.
5. A posting of the requirements set forth in 1-3 are posted in a visible spot on the premises
and a copy provided to all renters.
6. Contact Information: The name and contact information for the property manager is
identified and has been sent to all property owners within 300 feet of the location of the
short-term rental.
7. No events are held that include additional guests beyond those staying at the short-term
rental without first obtaining a conditional use permit.
8. If the short-term rental is located on a parcel that contains an accessory dwelling unit and
a primary residence, then one of the dwellings must be owner occupied or a local
housing, non-short-term rental, dwelling unit.
9. Camping shall comply with conditions set forth in 3.8.01 and shall not be used to exceed
the number of tenants specified on the short-term rental business license.
10. Trash Service: Bear proof solid waste collection facilities shall be available on the site
and adequate for the occupancy of the short-term dwelling unit.
(B) Short-term rentals shall comply with the provisions set forth in this section by March 1,
2020.
(C) No short-term rentals within the City of McCall shall operate without obtaining a business
license. Short-term rentals with a local property manager who maintains a physical office in
the City of McCall or Impact Area may operate under the business license held by that local
property manager.
(D) Enforcement of the requirements set forth in this section shall follow the provisions pursuant
to Chapter 17 ENFORCEMENT of this title.
3.15.02: PRELIMINARY DEVELOPMENT PLAN REVIEW:
(A) Presentation Of Plan: The applicant will present to the administrator and commission, in a
scheduled meeting, but a nonpublic hearing, a preliminary development plan for review and
discussion. All materials to be reviewed and discussed shall be provided, or be available, to
commission members at a regular scheduled meeting of the commission.
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Ord. 983 Local Housing and Short-term Rental Code Update
December 19, 2019
(B) Neighborhood Meetings: It is required that the applicant organize one, or more, meetings of
neighboring groups before submitting plans an application for a public hearing. The purpose
of such meetings is to obtain input to improve plans and reduce negative comment from
neighbors.
1. Timing: Within 75 days and not less than 7 days prior to the submittal of an application,
the applicant shall conduct a neighborhood meeting.
2. Notification: Notification of the neighborhood meeting shall be sent by US mail to all
property owners within 300’ of the site of the proposed application at least 14 days prior
to the date of the meeting. The notice shall describe the application and invite those
property owners to the neighborhood meeting to discuss the proposal.
3. Summary of the Meeting: The application submitted to the City shall include a summary
of the comments received at the meeting and a listing of the persons attending.
(C) Review And Meetings Not Required For Appeals: Preliminary development plan review and
neighborhood meetings are not required for appeals.
(D) Waiver Of Requirements: The administrator may waive the requirements of this section for
those applications deemed to be routine in nature or to have no substantial impact on adjacent
properties or the community at large. (Ord. 821, 2-23-2006, eff. 3-16-2006)
9.4.06: PERMITS AND INSPECTION:
(A) Building Permits:
1. Prior to occupancy of any mobile home upon real property in the city, the property owner
shall obtain a building permit. The fee for such installation permit is established by
resolution of the council and includes the cost of inspection by the building official.
2. Said permit shall be valid until removal of the mobile home from the property.
3. A building permit shall not be transferable from one location to another but may be
transferable from one person to another for the same mobile home in the same location.
4. When an approved mobile home installation for which a fee has been paid is replaced by its
owner with a mobile home using the same connections, the permit fee for replacement shall
be the same as a new installation.
5. Upon issuance of a building permit for the installation of a mobile home, a decal indicating
approval of the mobile home shall be placed on the unit by the building official so as to be
visible from the street, unless otherwise screened from view.
(B) Temporary Use Permits:
1. Fees, Restrictions: A fee set by the council for a temporary use permit for a mobile home or
recreational vehicle not to exceed forty five (45) days in any twelve (12) month period may
Page 47 of 48
Ord. 983 Local Housing and Short-term Rental Code Update
December 19, 2019
be used by the building official to allow the use of one or more units upon a parcel of land
of single ownership. Any such temporary permit shall not, other than permitting a smaller
area requirement, vary or alter the provisions of this title. No public hearing shall be
required for the issuance of such temporary use permit. The intent of this section is to allow
friends, relatives and bona fide visitors to place and use their mobile homes or recreational
vehicles for a limited period of time under circumstances which would otherwise be
prohibited by this title. No permit shall be required of friends, relatives or bona fide visitors
staying two (2) weeks or less and not using plumbing or electrical connections to the mobile
home or recreational vehicle.
21. Emergency Permits: When a true emergency condition exists (example: fire or flood), a
mobile home may be used for temporary living quarters for a period of time not to exceed
sixty (60) days. Documentation of the emergency condition must be submitted with an
application for an emergency permit. Said permit may at the time be issued by the building
official when an extended emergency exists.
Page 48 of 48
Ord. 983 Local Housing and Short-term Rental Code Update
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A SUMMARY OF ORDINANCE NO. 983
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING,
ENACTING, OR DELETING THE FOLLOWING SECTIONS OF TITLE 3, PLANNING AND
ZONING, OF THE McCALL CITY CODE, TO-WIT: SECTION 3.2.02, MEANINGS OF
TERMS OR WORDS, TO MODIFY THE DEFINITIONS FOR ACCESSORY USE,
BUILDING, OR STRUCTURE, DWELLING UNIT, ACCESSORY, AND DWELLING,
MULTI-FAMILY, TO ADD DEFINITIONS FOR BEDROOM, DWELLING UNIT, LOCAL
HOUSING, DWELLING UNIT, SEASONAL, OWNER OCCUPANCY, McCALL AREA
AND SHORT-TERM RENTAL, AND TO DELETE DEFINITIONS FOR COMMUNITY
HOUSING UNIT, DUPLEX, AND DWELLING, TWO FAMILY; SECTION 3.3.02,
RESIDENTIAL USE REGULATIONS, TO MODIFY THE ALLOWED USE FOR
4
ACCESSORY STRUCTURE, <1,500 SQUARE FEET, TO ADD ALLOWED USES FOR
DWELLING UNIT, LOCAL HOUSING AND DWELLING, SHORT TERM RENTAL,
OCCUPANCY LESS THAN 20 PERSONS, AND TO DELETE THE ALLOWED USES FOR
ACCESSORY STRUCTURE >1,500 SQUARE FEET AND DWELLING, TWO FAMILY,
AND ADD FOOTNOTE 4, A REFERENCE TO SECTION 3.8.11; SECTION 3.4.02,
COMMERCIAL USE REGULATIONS, TO CHANGE THE TITLE OF THE SECTION TO
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN COMMERCIAL
ZONES, TO ADD THE ALLOWED USES FOR DWELLING UNIT, LOCAL HOUSING AND
DWELLING UNIT, SEASONAL HOUSING, AND TO DELETE ITEM 2 UNDER NOTES
AND RENUMBER THE REMAINING ITEMS UNDER NOTES ACCORDINGLY; SECTION
3.4.04, COMMERCIAL ZONE SPECIAL DEVELOPMENT STANDARDS,
SUBPARAGRAPH (D), USES, TO MODIFY SUBPARAGRAPH (D), USES, TO ALLOW
SINGLE FAMILY, MULTI-FAMILY, AND LOCAL HOUSING AS PART OF A MIXED-
USE DEVELOPMENT, INCLUDING COMMERCIAL AND OR PUBLIC USES AND TO
PROVIDE THE CONDITIONS THEREFOR BY MODIFYING ITEM 1 FOR MULTI-STORY
STRUCTURES, BY MODIFYING ITEM 2 FOR DEVELOPMENTS WITH COMMERCIAL
AND/OR PUBLIC USE, BY DELETING ITEM 3, AND BY MODIFYING ITEM 4 TO
RENUMBER IT ITEM 3 AND INCLUDING A REQUIREMENT FOR EQUIVALENT
SQUARE FOOTAGE IN A CC ZONE; SECTION 3.6.02, PUBLIC ZONE USE
REGULATIONS, TO CHANGE THE TITLE OF THE SECTION TO PERMITTED AND
CONDITIONALLY PERMITTED USES WITHIN PUBLIC ZONES, TO ADD THE
ALLOWED USE FOR DWELLING, LOCAL HOUSING; SECTION 3.7.032,
REQUIREMENTS FOR DEVELOPMENT, SUBPARAGRAPH (C), STRUCTURE HEIGHT,
TO EXCEPT CERTAIN STRUCTURES FROM SUBPARAGRAPH (C), STRUCTURE
HEIGHT; SECTION 3.8.11, ACCESSORY USE, BUILDINGS AND STRUCTURES, TO
DELETE SUBPARAGRAPH (A), TO MODIFY SUBPARAGRAPH (B) BY RELETTERING
IT SUBPARAGRAPH (A) TO SUBSTITUTE APPROVAL BY AN ADMINISTRATOR IN
PLACE OF A COMMISSION, TO DELETE SUBPARAGRAPH (C), AND TO ADD A NEW
SUBPARAGRAPH TO BE LETTERED (B) TO LIMIT THE SIZE OF AN ACCESSORY
STRUCTURE; ENACTING SECTION 3.8.11.01, ENTITLED ACCESSORY DWELLING
UNITS, PERMITTING ACCESSORY DWELLING UNITS AND ESTABLISHING THE
NUMBER, LOCATION, DENSITY, BASIC REQUIREMENTS FOR HABITATION,
HEALTH AND SAFETY CODE REQUIREMENTS, SIZE, PARKING, REQUEST FOR
Page 1 of 4
Ordinance 983 Summary
December 19, 2019
WAIVERS OF MONTHLY WATER SERVICES FEES, AND RENTAL REQUIREMENTS;
ENACTING SECTION 3.8.21, ENTITLED LOCAL HOUSING DENSITY BONUS
PROGRAM, SETTING FORTH THE PURPOSE, APPLICABILITY, GENERAL
PROVISIONS, AND CALCULATION OF THE DENSITY BONUS; ENACTING SECTION
3.8.22, ENTITLED SEASONAL DWELLING UNITS, PERMITTING SEASONAL
DWELLING UNITS FOR USE BY EMPLOYEES OF BUSINESSES OR INSTITUTIONS
WITHIN THE McCALL AREA AND ESTABLISHING THE CONDITIONS THEREFOR;
SECTION 3.10.01, PURPOSE, TO ADD A SUBPARAGRAPH (E) PROMOTING LOCAL
HOUSING AND A VARIETY OF HOUSING TYPES IN QUALITY DEVELOPMENT;
SECTION 3.10.024, DENSITY BONUS, TO MODIFY SUBPARAGRAPH (C) TO DELETE
THE MAXIMUM INCREASE IN DENSITY AND SUBSTITUTE COMPLIANCE WITH
SECTION 3.08.21; DELETING SECTION 3.13.036, RENTAL OF ACCESSORY DWELLING
UNITS, IN ITS ENTIRETY; ENACTING NEW SECTION 3.13.036, ENTITLED
ADDITIONAL CONDITIONAL USE PERMIT STANDARDS FOR DWELLING, SHORT-
TERM RENTAL WITH OCCUPANCY OF 20 OR MORE GUESTS, SETTING FORTH THE
STANDARDS FOR COMPLIANCE, USE, NEIGHBORHOOD IMPACT AND
APPLICATION REQUIREMENTS; ENACTING SECTION 3.13.09, PERMIT STANDARDS
FOR DWELLING, SHORT-TERM RENTALS, PROVIDING FOR THE PERMITTING OF
DWELLING AND SHORT-TERM RENTALS; SECTION 3.15.02, PRELIMINARY
DEVELOPMENT PLAN REVIEW, SUBPARAGRAPH (B), NEIGHBORHOOD MEETINGS,
TO MODIFY SUBPARAGRAPH (B), NEIGHBORHOOD MEETINGS, TO PROVIDE FOR
THE SUBMISSION OF AN APPLICATION INSTEAD OF A PLAN AND TO ESTABLISH
TIMING, NOTIFICATION, AND SUMMARY OF THE MEETING REQUIREMENTS; AND
SECTION 9.4.06, PERMITS AND INSPECTION, TO MODIFY SUBPARAGRAPH (B),
TEMPORARY USE PERMITS, BY DELETING PARAGRAPH 1, FEES, RESTRICTIONS,
AND RENUMBERING PARAGRAPH 2, EMERGENCY PERMITS, AS PARAGRAPH 1
AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance
● In Section 3.2.02, Meanings of Terms or Words, modifies the definitions for
Accessory Use, Building, Or Structure, Dwelling Unit, Accessory, and Dwelling,
Multi-Family, adds the terms and definitions for Bedroom, Dwelling Unit, Local
Housing, Dwelling Unit, Seasonal, Owner Occupancy, McCall Area and Short-
Term Rental, and deletes the terms Community Housing Unit and Dwelling, Two
Family
● In Section 3.3.02, Residential Use Regulations, modifies the allowed use for
4,
Accessory Structure<1,500 Square Feet, adds allowed uses for Dwelling Unit,
Local Housing and Dwelling, Short Term Rental, Occupancy Less Than 20
Persons, and deletes allowed uses for Accessory Structure >1,500 Square Feet
and Dwelling, Two Family
● In Section 3.4.02, Commercial Use Regulations, changes the title of this section to
Permitted and Conditionally Permitted Uses Within Commercial Zones and adds
Page 2 of 4
Ordinance 983 Summary
December 19, 2019
new allowed uses for Dwelling Unit, Local Housing and Dwelling Unit, Seasonal
Housing
● In Section 3.4.04, Commercial Zone Special Development Standards, modifies
Subparagraph (D), Uses, to allow single family, multi-family, and local housing
as part of a mixed-use development including commercial and or public uses and
provides the conditions therefor
● In Section 3.6.02, Public Zone Use Regulations, changes the title of this section to
Permitted and Conditionally Permitted Uses Within Public Zones, and adds new
allowed uses for Dwelling, Local Housing
● In Section 3.7.032, Requirements for Development, modifies Subparagraph (C),
Structure Height, to except certain structures
● In Section 3.8.11, Accessory Use, Buildings and Structures, deletes Subparagraph
(A), reletters Subparagraph (B) as Subparagraph (A), requires the approval of an
Administrator instead of a Commission, deletes Subparagraph (C), and adds a
new Subparagraph (B) limiting the size of an accessory structure
● Enacts Section 3.8.11.1, Accessory Dwelling Units, to permit accessory dwelling
units and establish the conditions therefor
● Enacts Section 3.8.21, Local Housing Density Bonus Program, and provides the
conditions therefor
● Enacts Section 3.8.22, Seasonal Dwelling Units, to permit seasonal dwelling units
for use by employees of businesses or institutions within the McCall Area
● In Section 3.10.01, Purpose, adds Subparagraph (E) promoting local housing and
a variety of housing types
● In Section 3.10.024, Density Bonus, modifies Subparagraph (C) to delete the
maximum increase in density provision and substitute it for compliance with
Section 3.08.21
● Deletes Section 3.13.036, Rental of Accessory Dwelling Units
● Enacts a new Section 3.13.036, Additional Conditional Use Permit Standards for
Dwelling, Short-Term Rental with Occupancy of 20 or More Guests, providing
the standards for compliance, use, neighborhood impact and application
requirements
● Enacts Section 3.13.09, Permit Standards for Dwelling, Short-Term Rentals,
providing for the permitting of all short-term dwelling rentals and imposing
requirements for all short-term dwelling rentals
Page 3 of 4
Ordinance 983 Summary
December 19, 2019
• In Section 3.15.02, Preliminary Development Plan Review, modifies
Subparagraph (B), Neighborhood Meetings, to provide for the submission of an
application to establish timing, notification, and summary of meeting
requirements
• In Section 9.4.06, Permits and Inspection, modifies Subparagraph (B), Temporary
Use Permits, to delete paragraph 1, Fees, Restrictions
The Ordinance shall take effect January 1, 2020.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 19 DAY OF
DECEMBER 2019.
Approved:
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Page 4 of 4
Ordinance 983 Summary
December 19,2019
Publisher’s Affidavit of Publication
STATE OF IDAHO
County of Valley }.ss
}
I, Tricia Warren, being duly sworn and say, I am the office manager of
The Star-News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began December 26, 2019 and ended December 26th, 2019.
_______________________________________
Subscribed and sworn before me this the 26th day of December, 2019.
STATE OF IDAHO
COUNTY OF VALLEY
On this 26th day of December in the year of 2019, before me, a
Notary Public, personally appeared Tricia Warren, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
________________________________________
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 1/19/2024
A SUMMARY OF ORDINANCE NO. 983PASSED BY THE CITY OF MCCALL, IDAHOAN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING, ENACTING, OR DELETING THE FOLLOWING SECTIONS OF TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, TO-WIT: SECTION 3.2.02, MEANINGS OF TERMS OR WORDS, TO MODIFY THE DEFINITIONS FOR ACCESSORY USE, BUILDING, OR STRUCTURE, DWELLING UNIT, ACCESSORY, AND DWELLING, MULTI-FAMILY, TO ADD DEFINITIONS FOR BEDROOM, DWELLING UNIT, LOCAL HOUSING, DWELLING UNIT, SEASONAL, OWNER OCCUPANCY, McCALL AREA AND SHORT-TERM RENTAL, AND TO DELETE DEFINITIONS FOR COMMUNITY HOUSING UNIT, DUPLEX, AND DWELLING, TWO FAMILY; SECTION 3.3.02, RESIDENTIAL USE REGULATIONS, TO MODIFY THE AL-LOWED USE FOR ACCESSORY STRUCTURE4, <1,500 SQUARE FEET, TO ADD ALLOWED USES FOR DWELLING UNIT, LOCAL HOUSING AND DWELLING, SHORT TERM RENTAL, OCCUPANCY LESS THAN 20 PERSONS, AND TO DELETE THE ALLOWED USES FOR AC-CESSORY STRUCTURE >1,500 SQUARE FEET AND DWELLING, TWO FAMILY, AND ADD FOOTNOTE 4, A REFERENCE TO SECTION 3.8.11; SECTION 3.4.02, COMMERCIAL USE REGULATIONS, TO CHANGE THE TITLE OF THE SECTION TO PERMITTED AND CONDI-TIONALLY PERMITTED USES WITHIN COMMERCIAL ZONES, TO ADD THE ALLOWED USES FOR DWELLING UNIT, LOCAL HOUSING AND DWELLING UNIT, SEASONAL HOUS-ING, AND TO DELETE ITEM 2 UNDER NOTES AND RENUMBER THE REMAINING ITEMS UNDER NOTES ACCORDINGLY; SECTION 3.4.04, COMMERCIAL ZONE SPECIAL DEVEL-OPMENT STANDARDS, SUBPARAGRAPH (D), USES, TO MODIFY SUBPARAGRAPH (D), USES, TO ALLOW SINGLE FAMILY, MULTI-FAMILY, AND LOCAL HOUSING AS PART OF A MIXED-USE DEVELOPMENT, INCLUDING COMMERCIAL AND OR PUBLIC USES AND TO PROVIDE THE CONDITIONS THEREFOR BY MODIFYING ITEM 1 FOR MULTI-STORY STRUCTURES, BY MODIFYING ITEM 2 FOR DEVELOPMENTS WITH COMMERCIAL AND/OR PUBLIC USE, BY DELETING ITEM 3, AND BY MODIFYING ITEM 4 TO RENUMBER IT ITEM 3 AND INCLUDING A REQUIREMENT FOR EQUIVALENT SQUARE FOOTAGE IN A CC ZONE; SECTION 3.6.02, PUBLIC ZONE USE REGULATIONS, TO CHANGE THE TITLE OF THE SECTION TO PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN PUBLIC ZONES, TO ADD THE ALLOWED USE FOR DWELLING, LOCAL HOUSING; SEC-TION 3.7.032, REQUIREMENTS FOR DEVELOPMENT, SUBPARAGRAPH (C), STRUCTURE HEIGHT, TO EXCEPT CERTAIN STRUCTURES FROM SUBPARAGRAPH (C), STRUCTURE HEIGHT; SECTION 3.8.11, ACCESSORY USE, BUILDINGS AND STRUCTURES, TO DELETE SUBPARAGRAPH (A), TO MODIFY SUBPARAGRAPH (B) BY RELETTERING IT SUB-PARAGRAPH (A) TO SUBSTITUTE APPROVAL BY AN ADMINISTRATOR IN PLACE OF A COMMISSION, TO DELETE SUBPARAGRAPH (C), AND TO ADD A NEW SUBPARAGRAPH TO BE LETTERED (B) TO LIMIT THE SIZE OF AN ACCESSORY STRUCTURE; ENACTING SECTION 3.8.11.01, ENTITLED ACCESSORY DWELLING UNITS, PERMITTING ACCESSORY DWELLING UNITS AND ESTABLISHING THE NUMBER, LOCATION, DENSITY, BASIC REQUIREMENTS FOR HABITATION, HEALTH AND SAFETY CODE REQUIREMENTS, SIZE, PARKING, REQUEST FOR WAIVERS OF MONTHLY WATER SERVICES FEES, AND RENTAL REQUIREMENTS; ENACTING SECTION 3.8.21, ENTITLED LOCAL HOUSING DENSITY BONUS PROGRAM, SETTING FORTH THE PURPOSE, APPLICABILITY, GENERAL PROVISIONS, AND CALCULATION OF THE DENSITY BONUS; ENACTING SECTION 3.8.22, ENTITLED SEASONAL DWELLING UNITS, PERMITTING SEASONAL DWELLING UNITS FOR USE BY EMPLOYEES OF BUSINESSES OR INSTITUTIONS WITHIN THE McCALL AREA AND ESTABLISHING THE CONDITIONS THEREFOR; SECTION 3.10.01, PURPOSE, TO ADD A SUBPARAGRAPH (E) PROMOTING LOCAL HOUSING AND A VARIETY OF HOUSING TYPES IN QUALITY DEVELOPMENT; SECTION 3.10.024, DENSITY BONUS, TO MODIFY SUBPARAGRAPH (C) TO DELETE THE MAXIMUM INCREASE IN DENSITY AND SUBSTITUTE COMPLIANCE WITH SECTION 3.08.21; DELETING SECTION 3.13.036, RENTAL OF ACCESSORY DWELLING UNITS, IN ITS ENTIRETY; ENACTING NEW SEC-TION 3.13.036, ENTITLED ADDITIONAL CONDITIONAL USE PERMIT STANDARDS FOR DWELLING, SHORT-TERM RENTAL WITH OCCUPANCY OF 20 OR MORE GUESTS, SET-TING FORTH THE STANDARDS FOR COMPLIANCE, USE, NEIGHBORHOOD IMPACT AND APPLICATION REQUIREMENTS; ENACTING SECTION 3.13.09, PERMIT STANDARDS FOR DWELLING, SHORT-TERM RENTALS, PROVIDING FOR THE PERMITTING OF DWELLING AND SHORT-TERM RENTALS; SECTION 3.15.02, PRELIMINARY DEVELOPMENT PLAN RE-VIEW, SUBPARAGRAPH (B), NEIGHBORHOOD MEETINGS, TO MODIFY SUBPARAGRAPH (B), NEIGHBORHOOD MEETINGS, TO PROVIDE FOR THE SUBMISSION OF AN APPLICA-TION INSTEAD OF A PLAN AND TO ESTABLISH TIMING, NOTIFICATION, AND SUMMARY OF THE MEETING REQUIREMENTS; AND SECTION 9.4.06, PERMITS AND INSPECTION, TO MODIFY SUBPARAGRAPH (B), TEMPORARY USE PERMITS, BY DELETING PARAGRAPH 1, FEES, RESTRICTIONS, AND RENUMBERING PARAGRAPH 2, EMERGENCY PERMITS, AS PARAGRAPH 1 AND PROVIDING AN EFFECTIVE DATE.The principal provisions of the Ordinance• In Section 3.2.02, Meanings of Terms or Words, modifies the definitions for Accessory Use, Building, Or Structure, Dwelling Unit, Accessory, and Dwelling, Multi-Family, adds the terms and definitions for Bedroom, Dwelling Unit, Local Housing, Dwelling Unit, Seasonal, Owner Occupancy, McCall Area and Short-Term Rental, and deletes the terms Community Housing Unit and Dwell-ing, Two Family• In Section 3.3.02, Residential Use Regulations, modifies the allowed use for Accessory Struc-ture4,<1,500 Square Feet, adds allowed uses for Dwelling Unit, Local Housing and Dwelling, Short Term Rental, Occupancy Less Than 20 Persons, and deletes allowed uses for Accessory Structure >1,500 Square Feet and Dwelling, Two Family• In Section 3.4.02, Commercial Use Regulations, changes the title of this section to Permitted and Conditionally Permitted Uses Within Commercial Zones and adds new allowed uses for Dwelling Unit, Local Housing and Dwelling Unit, Seasonal Housing• In Section 3.4.04, Commercial Zone Special Development Standards, modifies Subparagraph (D), Uses, to allow single family, multi-family, and local housing as part of a mixed-use development including commercial and or public uses and provides the conditions therefor• In Section 3.6.02, Public Zone Use Regulations, changes the title of this section to Permitted and Conditionally Permitted Uses Within Public Zones, and adds new allowed uses for Dwelling, Local Housing• In Section 3.7.032, Requirements for Development, modifies Subparagraph (C), Structure Height, to except certain structures• In Section 3.8.11, Accessory Use, Buildings and Structures, deletes Subparagraph (A), relet-ters Subparagraph (B) as Subparagraph (A), requires the approval of an Administrator instead of a Commission, deletes Subparagraph (C), and adds a new Subparagraph (B) limiting the size of an accessory structure• Enacts Section 3.8.11.1, Accessory Dwelling Units, to permit accessory dwelling units and establish the conditions therefor • Enacts Section 3.8.21, Local Housing Density Bonus Program, and provides the conditions therefor• Enacts Section 3.8.22, Seasonal Dwelling Units, to permit seasonal dwelling units for use by employees of businesses or institutions within the McCall Area • In Section 3.10.01, Purpose, adds Subparagraph (E) promoting local housing and a variety of housing types• In Section 3.10.024, Density Bonus, modifies Subparagraph (C) to delete the maximum increase in density provision and substitute it for compliance with Section 3.08.21• Deletes Section 3.13.036, Rental of Accessory Dwelling Units• Enacts a new Section 3.13.036, Additional Conditional Use Permit Standards for Dwelling, Short-Term Rental with Occupancy of 20 or More Guests, providing the standards for compliance, use, neighborhood impact and application requirements• Enacts Section 3.13.09, Permit Standards for Dwelling, Short-Term Rentals, providing for the permitting of all short-term dwelling rentals and imposing requirements for all short-term dwell-ing rentals• In Section 3.15.02, Preliminary Development Plan Review, modifies Subparagraph (B), Neigh-borhood Meetings, to provide for the submission of an application to establish timing, notification, and summary of meeting requirements• In Section 9.4.06, Permits and Inspection, modifies Subparagraph (B), Temporary Use Permits, to delete paragraph 1, Fees, RestrictionsThe Ordinance shall take effect January 1, 2020.The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us.APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 19 DAY OF DECEMBER 2019.Approved:By JACKIE J. AYMON,MayorATTEST: By BessieJo Wagner,City Clerk1tc12/26
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 983
Certification of City Legal Advisor
of the Summary prepared
for the above-numbered Ordinance
I, William F. Nichols, City Attorney for the city of McCall, Idaho, hereby declare and certify that
in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50-901A(3)
of the Idaho Code as amended, I have reviewed a copy of the above Summary of Ordinance, have
found the same to be true and complete, and said Summary of Ordinance provides adequate notice
to the public of the contents, including the exhibits, of Ordinance No. 983.
DATED this 19th day of December 2019.
__________________________________________
William F. Nichols, City Attorney
McCall, Idaho
DocuSign Envelope ID: 32693F57-97DA-456C-A229-31132681AF2E