HomeMy Public PortalAboutOrd. 984 Amending Title 3 Chapter 6 7 and 2 Airport Zone
ORDINANCE NO. 984
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, TO-WIT: IN
CHAPTER 6, CIVIC, AIRPORT AND AGRICULTURAL/FOREST ZONES, CHANGING THE
TITLE OF THE CHAPTER TO PUBLIC ZONES; IN SECTION 3.6.01, PURPOSE,
CLARIFYING SUBSECTION (C), AIRPORT (AP) ZONE TO MORE CLEARLY STATE THE
OBJECTIVES OF THE ADOPTED AIRPORT MASTER PLAN; IN SECTION 3.6.02, PUBLIC
ZONES USE REGULATIONS, RE-ORDERING AND CLARIFYING SUBSECTIONS (A) – (C)
REGARDING PERMITTED AND CONDITIONALLY PERMITTED USES AND MAKING
SUBSTANTIVE CHANGES TO TABLE 3.6.02 AS FOLLOWS: ADDING AERONAUTICAL
AS A NEW USE IDENTIFIED TO BE PERMITTED IN THE AP ZONE; ELIMINATING
DWELLING, CARE-TAKER FOR AN APPROVED USE AS AN ALLOWED USE THROUGH A
CONDITIONAL USE PERMIT IN THE AP ZONE; ADDING DWELLING UNIT, LOCAL
HOUSING AS A PERMITTED USE IN THE CV ZONE; PERMITTING PARK, PUBLIC AS A
USE IN THE AP ZONE; SECTION 3.6.03, PUBLIC ZONES GENERAL DEVELOPMENT
STANDARDS, REMOVING THE WORD “GENERAL” FROM THE SECTION TITLE, RE-
ORDERING, CLARIFYING AND ELIMINATING EXTRANEOUS INFORMATION,
ADDING NEW SECTIONS (B) THROUGH (H) WHICH REFERENCE SPECIAL SITE
DESIGN AND FENCING REQUIREMENTS OF THE FAA AND MAKING SUBSTANTIVE
CHANGES TO TABLE 3.6.03 AS FOLLOWS: ADDING THE APP ZONE AND DIFFERENT
REQUIREMENTS FROM THE AP ZONE, IDENTIFYING MINIMUM PROPERTY SIZE AS
NOT APPLICABLE IN THE AP AND APP ZONES, ADDING MINIMUM LEASE SIZE AS A
NEW STANDARD FOR THE AP AND APP ZONES, DELETING MINIMUM STREET
FRONTAGE FROM AP AND ADDING MINIMUM STREET FRONTAGE FOR APP AT 75’,
DELETING MINIMUM SETBACKS FOR AP AND APP, CHANGING MAXIMUM SITE
COVERAGE FOR THE AP AT 100%, ADDING STANDARD OF 10’ TO DISTANCE
BETWEEN STRUCTURES FOR AP AND APP ZONES, ADDING LANDSCAPE BUFFER AS
20’ IN APP ZONE, AND RELOCATING NOTE 4 TO THE NEW SECTION (C); DELETING
SECTIONS 3.6.031, APPROVALS, 3.6.04, AIRPORT ZONING, 3.6.041, PURPOSE, 3.6.042,
SHORT TITLE, 3.6.043, DEFINITIONS, 3.6.044, AIRPORT ZONES, 3.6.045, AIRPORT ZONE
HEIGHT LIMITATIONS, 3.6.046, USE RESTRICTIONS, 3.6.047, AIRPORT
NONCONFORMING USES, 3.6.048, PERMITS, 3.6.049, ENFORCEMENT, 3.6.0410, APPEALS,
DECISIONS OF COMMISSION, 3.6.0411, CONFLICTING REGULATIONS, 3.6.0412,
APPEALS, DECISIONS OF AIRPORT MANAGER, 3.6.0413, JUDICIAL REVIEW: IN
CHAPTER 7, SPECIAL DISTRICTS, ENACTING SECTIONS 3.7.05, McCALL MUNICIPAL
AIRPORT INFLUENCE OVERLAY ZONES, 3.7.050, PURPOSE, AND 3.7.051, AIRPORT
OPERATION PROTECTION ZONES, TO CREATE A NEW SPECIAL DISTRICT, DEFINING
ITS PURPOSE AND DISTINGUISHING IT FROM OTHER ZONES: AND IN CHAPTER 2,
DEFINITIONS, ADDING DEFINITIONS FOR “AERONAUTICAL,” “AIRPORT
ELEVATION,” “APPROACH SURFACE,” “CONICAL SURFACE,” “FAIR DISCLOSURE
STATEMENT,” “HAZARD TO AIR NAVIGATION,” “HEIGHT, AIRPORT,” “HORIZONTAL
SURFACE,” “OBSTRUCTION,” “PERSON,” “PRIMARY SURFACE,” “RUNWAY,”
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Ord. 984 Airport Zone Code Update
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"TRANSITIONAL SURFACES," "UTILITY RUNWAY," AND REDEFINING "AIRPORT"
TO MEAN THE McCALL MUNICIPAL AIRPORT; 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, 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.
Section 5. Date of Effect: This ordinance shall be in full force and effect January 1, 2020.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL
IDAHO, THIS 19 DAY OF DECEMBER 2019.
OI N[ ALL Approved:
SEAL x _ kie J. •ivon, Mor
Attest: =* m.o., 0
4 'ft,i
�L Ait,l ai y� 0 .
BessieJo Wa!ter, City Clef
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Ord.984 Airport Zone Code Update
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SCHEDULE A
Chapter 6
PUBLIC ZONES
3.6.01: PURPOSE:
3.6.02: PUBLIC ZONE USE REGULATIONS:
3.6.03: PUBLIC ZONES GENERALDEVELOPMENT STANDARDS:
3.6.031: APPROVALS:
3.6.04: AIRPORT APPROACH ZONINGAND OPERATIONAL ZONES
3.6.041: PURPOSE:
3.6.042: SHORT TITLE:
3.6.043: DEFINITIONS:
3.6.044: AIRPORT ZONES:
3.6.045: AIRPORT ZONE HEIGHT LIMITATIONS:
3.6.046: USE RESTRICTIONS:
3.6.047: AIRPORT NONCONFORMING USES:
3.6.048: PERMITS:
3.6.049: ENFORCEMENT:
3.6.0410: APPEALS, DECISIONS OF COMMISSION:
3.6.0411: CONFLICTING REGULATIONS:
3.6.0412: APPEALS, DECISIONS OF AIRPORT MANAGER:
3.6.0413: JUDICIAL REVIEW:
3.6.01: PURPOSE:
The McCall area comprehensive plan identifies the importance of a variety of land uses including
public uses. It is the purpose of this chapter to implement the plan's vision through development
regulations that allow for a range of public lands, buildings and services designed to be compatible
in scale and character with their surrounding environment.
(A) Agriculture And Forest (AF) Zone: The AF land use designation is intended to provide a
designation for agricultural areas, including forestlands, within the city. Some of these lands
may be held in public ownership.
(B) Civic Use (CV) Zone: The CV land use designation is intended to provide for governmental
offices and other civic facilities. This includes governmental, cultural and recreational
facilities. Mixed use is allowed in combination with public uses.
(C) Airport (AP) Zone: The AP land use designation is intended for airport and aviation use by the
McCall mMunicipal aAirport and the surrounding related facilities and properties to implement
the objectives of the McCall Municipal Airport. See the airport mMaster pPlan. Within the
AP zone there is an Airport Perimeter (APP) zone which includes the land 150 feet from the
interior edge of the AP zone. The Airport Internal (API) zone includes all other land in the AP
zone that is internal to the APP zone. (Ord. 821, 2-23-2006, eff. 3-16-2006)
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Ord. 984 Airport Zone Code Update
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3.6.02: PUBLIC ZONE USE REGULATIONS:
(A) Permitted And Conditionally Permitted Uses: The uses identified in tTable 3.6.02, identifies
the “Ppermitted and Cconditionally Ppermitted Uuses Wwithin the 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 nNo symbol, or a dash: , appears, tThe 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
Aeronautical - - P
Agricultural service establishment C - -
Agricultural structure A - -
Agricultural use P - -
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 -
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Dwelling, caretaker for an approved use A A -C
Dwelling, single-family detached C P -
1
Dwelling unit - C -
Dwelling unit, local housing A A A
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
Office, temporary construction A A A
Park, public C P -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 - -
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Notes:
1. Housing must be a part of a mixed use project.
2. See section 3.8.18 of this title for limitations on retail, formula.
3. See subsection 3.8.02(E) of this title.
4. Residential uses are permitted in mixed use building when the primary use of the ground floor
is a nonresidential use allowed in the CV zone.
5. Multi-family housing must be a part of a mixed use project.
6. See section 3.8.17 of this title for limitations on restaurants, formula.
(Ord. 875, 5-27-2010)
(B) All uses not listed in table 3.6.02 of this section shall require review by the Planning and
Zoning Commission and a conditional use permit.
(C) All uses, except for those allowed by 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.
3.6.03: PUBLIC ZONES GENERAL DEVELOPMENT STANDARDS:
The following property development standards shall apply to all land and permitted or
conditionally permitted buildings located within their respective zones:
(A) Table 3.6.03 of this section lists the site development identifies the dimensional standards
required within the public zones. Chapter 10 of this title provides special provisions for
planned developments.
(B) Sidewalks, curbs and gutters may be required if specified in a development agreement as
provided for in title IX of this code.
(C) Fencing shall be in accordance with permitted forms for the applicable zone; see chapter 8,
"General Development Standards", of this title and title IX of this code.
(D) City projects shall be built to sustainable construction standards as defined by resolution.
TABLE 3.6.03
DIMENSIONAL STANDARDS FOR PUBLIC ZONES
Dimensional Standards AF CV AP APP
Minimum property size 40 acres 3,000 square feet 10,000 square feet
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Minimum lease size - - 1,500 square feet 10,000 square feet.
Minimum street frontage n/a 50 75 75
(in feet)
1
Minimum setback from: (in feet):
(For scenic routes, see note 1.)
1. Arterial, collector, or 30 ft. 0 35
section line street
2. Other roadway 25 ft. 0 20
3. Property line not fronting a 50 ft. 0 10
2
roadway
Maximum site coverage in 5% 80% 50100% 100%
percent) of structures
3,4
Maximum height (in feet) 35 ft. 50 ft. 60 ft. 60 ft.
Minimum property width (in 100 ft. 30 ft. 75
feet)
Minimum distance between 10 ft. 10 ft.
structures
Landscaped buffer 20 ft.
Notes:
1.See section 3.7.03, "Scenic Route Zone", of this title.
2.Setbacks abutting a residential zone are the same as the residential zone setback applying to the
subject property line.
3.Building heights adjacent to residential zones shall conform to the building height stepback
requirements in section 3.8.14 of this title.
4.Exception to height allowance as noted in chapter 7, "Special Districts", of this title. All
buildings with a height over 35 feet will require a conditional use permit and conform with the
building stepback standard in chapter 8, "General Development Standards", of this title.
(Ord. 864, 2-12-2009)
(B) FAA Airport Design standards identified in the current edition of Federal Aviation
Administration (FAA) Advisory Circular 150/5300-13 Airport Design shall be adhered to
when determining leaseholds and siting structures in the AP Zone.
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(C) All buildings with a height over 35 feet shall require a conditional use permit and conform
with the building stepback standards in chapter 8, “General Development Standards”, of this
title.
(D) Exception to the development standards may be allowed through the provisions of a planned
unit development as set forth in Chapter 10 of this Title.
(E) Sidewalks, curbs and gutters may be required if specified in a development agreement as
provided for in Title 9 “Subdivision and Development” of this code.
(F) Fending shall be in accordance with permitted forms for the applicable zone; see chapter 8,
“General Development Standards”, of this title and Title 9 “Subdivision and Development”
of this code. In the AP Zone, fencing will be built to standards outlined in the current edition
of FAA Advisory Circular AC 150/5370-10 Standards for Specifying Construction of
Airports, where identified as necessary to comply with FAA grant assurances.
(G) City projects shall be built to sustainable construction standards as defined by Title 2,
BUILDING REGULATIONS.
(H) Design review is required as provided for in chapter 16 “Design Review” of this title, except
within the AP Zone.
3.6.031: APPROVALS:
Design review is required as provided for in chapter 16 of this title. (Ord. 821, 2-23-2006, eff. 3-
16-2006)
3.6.04: AIRPORT ZONING:
3.6.041: PURPOSE:
(A) An obstruction has the potential for endangering the lives and property of users of the McCall
municipal airport and property or occupants of land in its vicinity; an obstruction may affect
existing and future instrument approach minimums of the McCall municipal airport1; and an
obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering
of aircraft, thus tending to destroy or impair the utility of the McCall municipal airport and
the public investment therein. Accordingly, it is declared:
1. That the creation or establishment of an obstruction has the potential of being a public
nuisance and may injure the region served by the McCall municipal airport;
2. That it is necessary in the interest of the public health, public safety, and general welfare
that the creation or establishment of obstructions that are a hazard to air navigation be
prevented; and
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3. That the prevention of these obstructions should be accomplished, to the extent legally
possible, by the exercise of the police power, without compensation.
(B) The prevention of the creation or establishment of hazards to air navigation; the elimination,
removal, alteration or mitigation of hazards to air navigation; or the marking and lighting of
obstructions, are public purposes for which a political subdivision may raise and expend
public funds and acquire land or interests in land. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.042: SHORT TITLE:
This section 3.6.04 may be known and may be cited as the MCCALL AIRPORT ZONING
ORDINANCE. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.043: DEFINITIONS:
As used in this section 3.6.04, unless the context otherwise requires:
AIRPORT: The McCall municipal airport.
AIRPORT ELEVATION: The highest point of an airport's usable landing area measured in feet
from sea level, i.e., five thousand twenty one feet (5,021').
APPROACH SURFACE: A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the
approach zone height limitation slope set forth in section 3.6.045 of this chapter. In plan, the
perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES: These zones are set
forth in section 3.6.044 of this chapter.
CONICAL SURFACE: A surface extending outward and upward from the periphery of the
horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet
(4,000').
HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
HEIGHT: For the purpose of determining the height limits in all zones set forth in this section
3.6.04 and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise
specified.
HELIPORT PRIMARY SURFACE: The areas of the primary surface coincides in size and shape
with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the
elevation of the established heliport elevation.
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HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the established
airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal
zone.
NONCONFORMING USE: Any preexisting structure, object of natural growth, or use of land
which is inconsistent with the provisions of this section 3.6.04 or an amendment thereto.
NONPRECISION INSTRUMENT RUNWAY: A runway having an existing instrument approach
procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation
equipment, for which a straight-in nonprecision instrument approach procedure has been approved
or planned.
OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds
a limiting height set forth in section 3.6.045 of this chapter.
PERSON: An individual, firm, partnership, corporation, company, association, joint stock
association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar
representative of any of them.
PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a
specifically prepared hard surface, the primary surface extends two hundred feet (200') beyond
each end of that runway; for military runways or when the runway has no specially prepared hard
surface, or planned hard surface, the primary surface is set forth in section 3.6.044 of this chapter.
The elevation of any point on the primary surface is the same as the elevation of the nearest point
on the runway centerline.
RUNWAY: A defined area on an airport prepared for landing and take off of aircraft along its
length.
STRUCTURE: An object, including a mobile object, constructed or installed by man, including,
but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead
transmission lines.
TRANSITIONAL SURFACES: These surfaces extend outward at ninety degree (90°) angles to
the runway centerline, and the runway centerline extended, at a slope of seven feet (7') horizontally
for each foot vertically from the sides of the primary and approach surfaces to where they intersect
the horizontal and conical surfaces. Transitional surfaces for those portions of the precision
approach surfaces, which project through and beyond the limits of the conical surface, extend a
distance of five thousand feet (5,000') measured horizontally from the edge of the approach surface
and at ninety degree (90°) angles to the extended runway centerline.
TREE: Any object of natural growth.
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UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach
procedures. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.044: AIRPORT ZONES:
In order to carry out the provisions of this section 3.6.04, there are hereby created and established
certain zones which include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to the McCall municipal airport.
Such zones are shown on the "Airport Approach And Clear Plan" consisting of one sheet, prepared
by Toothman-Orton Engineering Company, and dated January 17, 1989. An area located in more
than one of the following zones is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as follows:
(A) Utility Runway Visual Approach Zone: The inner edge of this approach zone coincides with
the width of the primary surface and is five hundred feet (500') wide. The approach expands
outward uniformly to a width of one thousand two hundred fifty feet (1,250') at a horizontal
distance of five thousand feet (5,000') from the primary surface. Its centerline is the
continuation of the centerline of the runway.
(B) Utility Runway Nonprecision Instrument Approach Zone: The inner edge of this approach
zone coincides with the width of the primary surface and is five hundred feet (500') wide. The
approach zone expands outward uniformly to a width of two thousand feet (2,000') at a
horizontal distance of five thousand feet (5,000') from the primary surface. Its centerline is
the continuation of the centerline of the runway.
(C) Horizontal Zone: The horizontal zone is established by swinging arcs of five thousand feet
(5,000') radii from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does
not include the approach and transitional zones.
(D) Conical Zone: The conical zone is established as the area that commences at the periphery of
the horizontal zone and extends outward there from a horizontal distance of four thousand
feet (4,000'). (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.045: AIRPORT ZONE HEIGHT LIMITATIONS:
Except as otherwise provided in this section 3.6.04, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow in any zone created by this section 3.6.04 to a
height in excess of the applicable height limit herein established for such zone. Such applicable
height limitations are hereby established for each of the zones in question as follows:
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(A) Utility Runway Visual Approach Zone: Slopes twenty feet (20') outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a
horizontal distance of five thousand feet (5,000') along the extended runway centerline.
(B) Utility Runway Nonprecision Instrument Approach Zone: Slopes twenty feet (20') outward for
each foot upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of five thousand feet (5,000') along the extended runway
centerline.
(C) Transitional Zones: Slope seven feet (7') outward for each foot upward beginning at the sides
of and at the same elevation as the primary surface and the approach surface, and extending
to a height of one hundred fifty feet (150') above the airport elevation which is five thousand
twenty one feet (5,021') above mean sea level. In addition to the foregoing, there are
established height limits sloping seven feet (7') outward for each foot upward beginning at the
sides of and at the same elevation as the approach surface and extending to where they
intersect the conical surface. Where the precision instrument runway approach zone projects
beyond the conical zone, there are established height limits sloping seven feet (7') outward
for each foot upward beginning at the sides of and at the same elevation as the approach
surface, and extending a horizontal distance of ten thousand feet (10,000') measured at ninety
degree (90°) angles to the extended runway centerline.
(D) Horizontal Zone: Established at one hundred fifty feet (150') above the airport elevation or at
a height of five thousand one hundred seventy one feet (5,171') above mean sea level.
(E) Conical Zone: Slopes twenty feet (20') outward for each foot upward beginning at the periphery
of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and
extending to a height of three hundred fifty feet (350') above the airport elevation. (Ord. 821,
2-23-2006, eff. 3-16-2006)
3.6.046: USE RESTRICTIONS:
Notwithstanding any other provision of this section 3.6.04, no use may be made of land or water
within any zone established by this section 3.6.04 in such a manner as to create electrical
interference with navigational signals or radio communication between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights and other objects, result in glare in
the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike
hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering
of aircraft intending to use the airport. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.047: AIRPORT NONCONFORMING USES:
(A) Regulations Not Retroactive: The regulations prescribed by this section 3.6.04 shall not be
construed to require the removal, lowering, or other change or alteration of any structure or
tree not conforming to the regulations as of the effective date of the applicable regulations, or
otherwise interfere with the continuance of nonconforming use. Nothing contained herein
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shall require any change in the construction, alteration, or intended use of any structure, the
construction or alteration of which was begun prior to March 16, 2006.
(B) Marking And Lighting: Notwithstanding the preceding provision of this section 3.6.04, the
owner of any existing nonconforming structure or tree is hereby required to permit the
installation, operation, and maintenance thereon of such markers and lights as shall be deemed
necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the
airport the presence of such airport obstruction. Markers and lights shall be installed, operated
and maintained at the expense of the city. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.048: PERMITS:
(A) Future Uses: Except as specifically provided in subsections (A)1, (A)2, and (A)3 of this
section, no material change shall be made in the use of land, no structure shall be erected or
otherwise established, and no tree shall be planted in any zone hereby created, unless a permit
therefor shall have been applied for and granted. Each application for a permit shall indicate
the purpose for which the permit is desired, with sufficient particularity to permit it to be
determined whether the resulting use, structure, or tree would conform to the regulations
herein prescribed. If such determination is in the affirmative, the permit shall be granted. No
permit for a use inconsistent with the provisions of this section 3.6.04 shall be granted unless
a variance has been approved in accordance with subsection (D) of this section.
1. In the area lying within the limits of the horizontal zone and conical zone, no permit shall
be required for any tree or structure less than seventy five feet (75') of vertical height above
the ground, except when, because of terrain, land contour, or topographic features, such
tree or structure would extend above the height limits prescribed for such zones.
2. In areas lying within the limits of the approach zones, but at a horizontal distance of not
less than four thousand two hundred feet (4,200') from each end of the runway, no permit
shall be required for any tree or structure less than seventy five feet (75') of vertical height
above the ground, except when such tree or structure would extend above the height limit
prescribed for such approach zones.
3. In the areas lying within the limits of the transition zones beyond the perimeter of the
horizontal zone, no permit shall be required for any tree or structure less than seventy five
feet (75') of vertical height above the ground, except when such tree or structure, because
of terrain, land contour, or topographic features, would extend above the height limit
prescribed for such transition zones. Nothing contained in any of the forgoing exceptions
shall be construed as permitting or intending to permit any construction, or alteration of
any structure, or growth of any tree in excess of any of the height limits established by
this section 6.4.04 except as set forth in section 3.6.045 of this chapter.
(B) Existing Uses: No permit shall be granted that would allow the establishment or creation of an
obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air
navigation than it was on the effective date of the applicable regulations or than it is when the
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application for a permit is made. Except as indicated and except for abandoned or destroyed
existing uses, as hereafter defined, all applications for such a permit shall be granted.
(C) Nonconforming Uses Abandoned Or Destroyed: Whenever the airport manager determines
that a nonconforming tree or structure has been abandoned or more than eighty percent (80%)
destroyed, physically deteriorated, or dead or decayed, no permit shall be granted that would
allow such structure or tree to exceed the applicable height limit or otherwise deviate from
the zoning regulations.
(D) Variances: Any person desiring to erect or increase the height of any structure, or permit the
growth of any tree, or use property, not in accordance with the regulations prescribed in this
section 3.6.04, may apply to the commission for a variance from such regulations. The
application for variance shall be accompanied by a determination from the federal aviation
administration as to the effect of the proposal on the operation of air navigation facilities and
the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly
found that a literal application or enforcement of the regulations will result in unnecessary
hardship, and relief granted: will not be contrary to the public interest; will not create a hazard
to air navigation; will do substantial justice; and will be in accordance with the spirit of this
section 3.6.04. Additionally, no application for variance to the requirements of this section
3.6.04 may be considered by the planning commission unless a copy of the application has
been furnished to the airport manager, the airport advisory committee and the airport
engineers for advice as to the aeronautical effects of the variance. If those so named do not
respond to the application within thirty (30) days after receipt, the McCall city council may
act on its own to grant or deny said application. Such action shall be in full conformance with
the city's other zoning regulations and procedures for variances outlined in chapter 13 of this
title.
(E) Obstruction Marking And Lighting: Any permit or variance granted may, if such action is
deemed advisable to effectuate the purpose of this section 3.6.04 and be reasonable in the
circumstances, be so conditioned as to require the owner of the structure or tree in question to
install, operate, and maintain, at the owner's expense, such markings and lights as may be
necessary. If deemed proper by the commission, this condition may be modified to require
the owner to permit the city, at its own expense, to install, operate, and maintain the necessary
marking and lights. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.049: ENFORCEMENT:
It shall be the duty of the airport manager to administer and enforce the regulations prescribed
herein. Applications for permits and variances shall be made to the city clerk. Applications
required by this section 3.6.04 to be submitted to the commission shall be considered in accordance
to the provisions of this title. Application for action by the commission shall be filed with the city
clerk. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.0410: APPEALS, DECISIONS OF COMMISSION:
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The McCall planning and zoning commission and city council shall, for the purposes of this section
3.6.04, act upon appeals of decisions of the commission as otherwise outlined in chapter 15,
"Procedures, Appeals And Actions", of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.0411: CONFLICTING REGULATIONS:
Where there exists a conflict between any of the regulations or limitations prescribed in this section
3.6.04 and any other regulations applicable to the same area, whether the conflict is with respect
to the height of structure or trees, and the use of land, or any other matter, the more stringent
limitation or requirement shall govern and prevail. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.0412: APPEALS, DECISIONS OF AIRPORT MANAGER:
Any person aggrieved, or any taxpayer affected, by any decision of the airport manager made in
the administration of this section 3.6.04 may appeal to the commission and to the council pursuant
to chapter 15 of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.6.0413: JUDICIAL REVIEW:
Any person aggrieved by any decision of the council pursuant to this section 3.6.04 may seek
judicial review under the procedures provided by Idaho Code. (Ord. 821, 2-23-2006, eff. 3-16-
2006)
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Chapter 7
SPECIAL DISTRICTS
3.7.01: NAVIGABLE WATER ZONE:
3.7.010: GENERAL:
3.7.011: PERMITTED USES:
3.7.012: CONDITIONAL USES:
3.7.013: PROHIBITED USES:
3.7.02: SHORELINE AND RIVER ENVIRONS ZONE:
3.7.020: PURPOSE:
3.7.021: LANDS INCLUDED:
3.7.022: PERMITTED USES:
3.7.023: REQUIREMENTS FOR DEVELOPMENT:
3.7.03: SCENIC ROUTE ZONE:
3.7.030: PURPOSE:
3.7.031: LANDS INCLUDED:
3.7.032: REQUIREMENTS FOR DEVELOPMENT:
3.7.04: PAYETTE LAKES WATER AND SEWER DISTRICT ZONES OVERLAY:
3.7.040: PURPOSE:
3.7.041: DATE OF DESIGNATION OF OVERLAY:
3.7.042: PERMITTED HOOKUP DENSITIES:
3.7.043: EXEMPTIONS:
3.7.05: McCALL MUNICIPAL AIRPORT INFLUENCE OVERLAY ZONES:
3.7.050: PURPOSE:
3.7.051: AIRPORT OPERATION PROTECTION ZONES:
3.7.01: NAVIGABLE WATER ZONE:
3.7.010: GENERAL:
(A) The navigable water zone is intended to provide for the appropriate usage of, and for the
adequate protection of, the surface water resource within the city limits and the area of city
impact. The "landward boundary" of the navigable water zone is the water pool shore contour
of Payette Lake, the high water mark of the North Fork of the Payette River, and the water
pool shore contour of such other navigable lakes and the high water mark of such other
navigable streams as are or may become within the planning jurisdiction. The "navigable water
zone" includes the entire water body between or encircled by the landward boundaries.
"Navigable", for purposes of this chapter, has the same meaning as "navigable" for purposes
of this title under the submerged lands act and the equal footing doctrine, whether or not there
were any federal reserved rights as might have prevented vesting of title in the state as to some
particular navigable waters.
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(B) The use of navigable waters, in addition to recreation and other public uses should recognize
the littoral and riparian rights of the upland property owners adjacent to the lake and river.
(C) Compliance with all applicable county, state and federal laws is required.
(D) Project review under the procedures for a conditional use permit is required for all proposed
future uses. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.011: PERMITTED USES:
In addition to public uses of the public waters, all uses that are normal accessory uses to the
principal use on the adjacent upland property and within the littoral or riparian rights of the owners
of that property are permitted uses, including the following:
(A) Accessory uses related to boating, swimming and other water related activities.
(B) Public and private docks. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.012: CONDITIONAL USES:
The following uses may be permitted in accordance with the procedures and standards set out
in chapter 13, "Permits And Applications", of this code.
(A) Commercial docks, wharves, piers and marinas.
(B) Boat ramps.
(C) Outdoor recreation facilities.
(D) Fish pens (as an accessory, noncommercial use). (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.013: PROHIBITED USES:
The following uses are prohibited in the navigable water zone:
(A) Buildings, structures, and uses not expressly permitted in section 3.7.011 or 3.7.012 of this
chapter.
(B) Any use which causes or may reasonably be expected to cause excessive noise, vibration,
smoke, heat or glare, noxious fumes, toxic or hazardous waste, or visible refuse, at or beyond
the extension of the side lot lines of the associated upland lot or parcel over the water and at
right angles to the shoreline. "Excessive" is defined for these purposes as a degree exceeding
that generated by uses permitted in the zone in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience.
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(C) Disposal or storage of junk, including, without limitation, inoperable or unlicensed motor
vehicles, watercraft, used appliances, building and construction debris, auto parts, fuels and
other contaminating liquids. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.02: SHORELINE AND RIVER ENVIRONS ZONE:
3.7.020: PURPOSE:
Payette Lake and the North Fork of the Payette River are critical economic resources of the
planning jurisdiction, because they are the distinguishing features of this area making it a
destination resort for tourists and summer residents. It is therefore the purpose of this
section 3.7.02 to regulate development along and alterations of the shoreline of Payette Lake and
the banks and immediate vicinity of the Payette River in order to protect and maintain water
quality, fish and wildlife habitat, edge and forest habitat, vistas, and public visual and physical
access. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.021: LANDS INCLUDED:
The lands between the water pool shore contour of the named lakes and the high water mark of the
other named water bodies below, and a line parallel to and one hundred fifty feet (150') away from
the water pool shore contour or high water mark, except on lots fronting East Lake Street in
McCall, where it shall be to Mill Road, but no more than three hundred feet (300'):
(A) Payette Lake.
(B) North Fork of the Payette River.
(C) Little Payette Lake and tributaries.
(D) Lake Fork Creek below Little Payette Lake.
The above environs together with so much of the land below such line or high water mark as
is affected by a use addressed in this chapter. If any portion of a structure lies within this zone,
then the total structure shall be deemed to be within this zone. Docks, landfills, retaining walls,
and other uses addressed in this section 3.7.02 shall be deemed within and regulated by this
zone without regard to whether all or any part thereof also falls within the "navigable water
zone" as defined in this chapter. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.022: PERMITTED USES:
All those uses permitted in the underlying zones upon which this zone is superimposed shall be
permitted, provided they satisfy the special conditions set forth in this chapter, except that:
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(A) Open storage of anything but firewood or water oriented recreational equipment (no
automobiles or off highway vehicles) on the lake front side of the residence shall not be
permitted.
(B) No building and no land filling shall be permitted within a floodway and no building within
an area of special flood hazard as such terms are defined in title IX, chapter 8, "Flood Control
Regulations (Overlay)", of this code, unless the applicant complies with the standards set forth
in that chapter.
(C) Any structure, wholly or partially within this zone, which may be visible from the water bodies,
and any part of which is within the one hundred fifty foot (150') land strip as specified in
section 3.7.021 of this chapter, is subject to design review and approval under chapter 16,
"Design Review", of this title, notwithstanding that portions of the structure are not on land
that is within this zone. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.023: REQUIREMENTS FOR DEVELOPMENT:
(A) Review: Design review is required for all development, including all single-family residences
and accessory buildings, as provided for in chapter 16 of this title. (Ord. 821, 2-23-2006, eff.
3-16-2006)
(B) Permit Criteria: No conditional use or building permit shall be issued, nor is any development,
grading, or alteration of any land within this zone permitted, unless the applicant establishes
to the satisfaction of the commission and council in the case of a conditional use, or of the
administrator in the case of a building permit, that:
1. The proposed development meets all applicable requirements of this title and title IX of this
code.
2. The plans accurately identify the water pool shore contours and high water marks, which, in
the case of river environs, shall mean the limits of the area of special flood hazard.
3. A letter is on file from a specialist certified by the United States army corps of engineers
wetlands expert that certifies that no wetlands related issues or issues related to fill of
navigable waters issues were presented by the proposed development; or that a section 404
permit has been issued or is forthcoming by the corps of engineers, whichever is appropriate,
city approval(s) under this title and title IX of this code are contingent upon all applicable
section 404 permit requirements being met; if a permit requirement is not met, the city may
revoke its approval(s) under this title and title IX of this code.
4. The requirements of the underlying zone are met.
5. The fifty foot (50') building setback line is met per subsection (C)3(c) of this section.
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6. Proof of stormwater certification training has been provided by the individual applying for
the building permit. (Ord. 864, 2-12-2009)
(C) Development:
1. Prohibitions: No construction, alteration or activity shall cause harm to:
(a) Water quality.
(b) Fish and aquatic habitats.
(c) Wetlands.
(d) Significant wildlife habitat harboring any threatened or endangered species.
(e) Views of, from, or across a lake or river.
(f) To this end, all applications for building permits within this overlay zone, no matter what
the permit may be for, shall be accompanied by a plan for the installation of appropriate
natural, storm, and melt water drainage and treatment facilities. Such plans for natural,
storm and melt water drainage of the property and on and through the property, shall be
consistent with best management practices under state and federal storm and melt water
regulatory programs to which the city is subject and consistent with other city programs in
these regards to the satisfaction of the city.
2. Harm Defined: "Harm" for these purposes means:
(a) The creation of conditions which foster runoff of, or other source of fertilizers, toxic
substances, or other pollutants or contaminants, into the water;
(b) The excessive clearing of natural vegetation or change of natural landforms within the
area between the water pool shore contour or high water mark and the fifty foot (50')
building setback line;
(c) The removal, burial, or destruction in whole or part of boulders, sandy beaches, rocky
shores, or other features of the water pool shore contour or high water mark, the land below
the same, or the immediate upland edge;
(d) The filling or dredging of lake bottom or wetlands;
(e) The erection of visual barriers between the lake or river and the roads on the uplands,
beyond the extent reasonably necessary for an owner's usage of the land for a permitted
use; or
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(f) The creation of any other condition which would be inconsistent with best management
practices under, or threaten a violation of, state and federal storm and melt water regulatory
programs to which the city is subject, or fail otherwise to be consistent with other city
programs in these regards, all as established to the satisfaction of the city.
3. Improvements:
(a) The owner shall apply for approval under the provisions of chapter 10, "Planned Unit
Development", of this title, if the owner wishes to construct, in whole or part on the land
within the zone, any improvements other than:
(1) A single-family residence; and/or
(2) Accessory structures commonly associated with dwellings, such as garages or
toolsheds; however,
(3) The application for a building permit for such a dwelling or accessory structure must
be accompanied by a site plan demonstrating that no "harm", as defined above, is
threatened by the construction; and construction in accord with that site plan shall be a
condition of the permit issuance.
(b) The application shall be evaluated against the standards set out in subsections (C)1 and
(C)2 of this section, except that improvements discussed in subsection (C)4 and the
following subsections of this section shall be evaluated against the standards in those
subsections. (Ord. 821, 2-23-2006, eff. 3-16-2006)
(c) All structures other than those addressed by subsection (C)4 and the following subsections
of this section regardless of underlying zone shall be set back fifty feet (50') from the lake
water pool shore contour and fifty feet (50') from the stream high water mark (see definition
of "structure" in section 3.2.02 of this title). Fencing greater than thirty inches (30") shall
not extend below such fifty foot (50') setback from the lake water pool shore contour or
stream high water mark, and access along the beach below such lake water pool shore
contour or stream high water mark shall be unobstructed, except as otherwise provided in
the approval of an applicable conditional use or variance. Public walkways to the
waterfront, and private walkways not exceeding eight feet (8') in width of like purpose
from the area of upland structures, are permitted. Setbacks shall be measured along a line
perpendicular to a line tangent to the nearest point so determined on the lake water pool
shore contour or stream high water mark, without regard to the spatial relationship between
that nearest point and any boundary lines of the lot in question. (Ord. 880, 9-23-2010)
(d) Additionally, development in commercial zones, including buildings, parking areas, and
sidewalks, shall not cover more than eighty percent (80%) of the total area of the lot or
parcel; except in the central business district zone where the total lot coverage may be up
to ninety five percent (95%), with not less than the remaining five percent (5%) maintained
in landscaping.
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(e) Maximum height of any structure is thirty five feet (35').
4. Private And Public Docks And Piers: Private and public docks and piers shall:
(a) Require a building permit from the city in addition to the permits required by the state
department of lands, or other authorities having jurisdiction.
(b) Be used to provide access to boats.
(c) Be floating or held on pilings.
(d) Be built with chemically inert materials; and foam materials shall be fully enclosed.
(e) Not be constructed in whole or part by or in association with excavation or dredging,
unless a conditional use permit has first been issued.
5. Commercial Marinas: Commercial marinas are a conditional use and shall meet all
requirements in subsection (A) of this section, and in addition shall:
(a) Provide an environmental assessment which addresses the issues identified by the
commission and/or city staff during the required preapplication consultation.
(b) Have restrooms, pump-out facilities for boat sewage receptacles, and trash receptacles for
other boat wastes, on or near and accessible from such facilities.
(c) Meet all other building code and environmental requirements.
6. Commercial Docks And Piers: Commercial docks and piers are a conditional use and shall
meet requirements in subsection (A) of this section and shall meet all other building code and
environmental requirements.
7. Retaining Walls And Similar Construction: Retaining walls and similar construction to arrest
erosion shall be permitted and shall:
(a) Be at or above the higher of:
(1) The ordinary high water mark for purposes of this title to land, as determined by the
Idaho department of lands; or
(2) The lake water pool shore contour; and not involve fill above original, natural grade
and contour at the location, unless a different location, and/or different fill, is approved
by the commission as a conditional use, and is also declared by it to be beneficial to the
public and the environmental qualities of the shoreline; and unless that different location
is also permitted by other governmental authorities having jurisdiction; provided,
however, that fill may be added directly behind a retaining wall to an extent not greater
than eighteen inches (18") above original, natural grade at the wall, and blended back
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into the natural slope. "Original", for purposes of this subsection, means existing
historically within the prior two (2) years.
(b) Be constructed of reinforced native rock and/or concrete.
(c) Not be painted.
(d) Be set at such a depth to prevent movement of backfill materials into the water, and at
such a depth set and reinforced to the extent to prevent frost heaving and other natural
structural deterioration.
8. Breakwater And Similar Construction: Breakwater and similar construction shall:
(a) Conform to the structural standards required by the U.S. corps of engineers, and must be
approved in writing by the Idaho department of lands and by the planning commission as a
conditional use.
(b) Be floating, and shall not extend more than one foot (1') above the surface of the lake; and
shall be lit or marked as required by the state of Idaho. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.03: SCENIC ROUTE ZONE:
3.7.030: PURPOSE:
The purpose of the scenic route zone is to preserve, maintain and improve visual access from
public collector and arterial streets and to improve the visual quality of existing streets and adjacent
uses, and control the visual quality of future development. To preserve and maintain the scenic
quality of Warren Wagon Road, East Side Drive, East Side Road, State Highway 55, and other
routes as defined below. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.031: LANDS INCLUDED:
The scenic route zone includes:
(A) One hundred fifty foot (150') wide strips of land bounded by the right of way lines of the
following named streets, and by lines parallel to and one hundred fifty feet (150') away from
such right of way lines, together with any right of way not part of the roadway:
1. State Highway 55, from the southern boundary to the northern boundary of the impact area
(Third Street and Lake Street).
2. East Side Road and East Side Drive from Lick Creek Road to Warren Wagon Road.
3. Warren Wagon Road to the northern boundary of the area of city impact.
4. Lick Creek Road from the intersection of Spring Mountain Boulevard east to the eastern
boundary of the impact area.
5. Spring Mountain Boulevard from Deinhard Lane to Lick Creek Road.
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6. Deinhard Lane from 3rd Street (Highway 55) to Spring Mountain Boulevard and from 3rd
Street (Highway 55) to Boydstun Street.
7. Boydstun Street from Deinhard Lane to West Lake Street (Highway 55).
8. Mission Street and Norwood Road to boundary of the area of city impact.
9. West Mountain Road, including the proposed eastward extension to Boydstun Street or
Deinhard Lane, extended to the western or southern boundary of the area of city impact.
(B) Any structure or a portion thereof which may be visible when traveling along the roadways
designated above and any part of which is located on a lot any portion of which is within one
hundred fifty feet (150') of the nearest right of way line of a road named in this section or
designated pursuant to this section; such a structure is subject to design review and approval
under chapter 16, "Design Review", of this title, notwithstanding that portions of the structure
are not on land that is within this zone. (Ord. 848, 2-12-2008)
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').
(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:
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1. Adjacent to, or within, three hundred feet (300') of a street intersection, the setback will be
ten feet (10').
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 nature and extent of such
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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)
3.7.04: PAYETTE LAKES WATER AND SEWER DISTRICT ZONES OVERLAY:
3.7.040: PURPOSE:
The purpose of the Payette Lakes recreational water and sewer district overlay is to conform the
use and development of lands so designated to the grant conditions imposed by the U.S.
environmental protection agency in conjunction with the funding provided by such agency to the
Payette Lakes recreational water and sewer district for the construction of the district's facilities,
including the expansion and rehabilitation of certain facilities owned by the city.
(A) The relevant grant condition is that currently identified as special condition 7, dated June 7,
1977, replacing the original special condition 7 set forth in paragraph III b, page 5, of the grant
agreement dated September 3, 1976. This grant condition, in the relevant part, relates to the
population predictions and other planning assumptions implicit in the overall facilities plan
jointly adopted by the city and the district, which factors are reflected in the district's design
density map. By resolution adopted March 3, 1980, the city agreed to conform to such densities
in the event any district lands were annexed into the city.
(B) This section 3.7.04 implements such agreement, and further provides for zoning enforcement
of the district's requirements within the impact area. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.041: DATE OF DESIGNATION OF OVERLAY:
Land which was within the boundaries of the Payette Lakes water and sewer district as of June 7,
1977, and which is also within the boundaries of the city, is designated to be within the Payette
Lakes water and sewer district (overlay) zone. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.042: PERMITTED HOOKUP DENSITIES:
The lands within the Payette Lakes water and sewer district (overlay) zone shall be restricted to a
finite number of sewer hookups. The specific number applicable to a given parcel of land within
the overlay shall conform to Payette Lakes water and sewer district densities. Any applicant
seeking the issuance of a building permit within this overlay zone shall investigate the need for
and seek the approval of the Payette Lakes water and sewer district with respect to any sewer
hookups involved in the proposed work or use. Further, as provided by title II of this code, no
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building permit shall be issued unless such a sewer service connection permit has been issued
simultaneously. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.043: EXEMPTIONS:
In the event the land in question is not actually serviced by the Payette Lakes water and sewer
district in that no sewer lines are physically or legally accessible within the three hundred foot
(300') service criteria, even though the sewer district's design density map standards qualify such
land for some number of hookups, the applicant, upon demonstrating such inaccessibility, may
seek the necessary hookup approvals through the city rather than the district. (Ord. 821, 2-23-2006,
eff. 3-16-2006)
3.7.05: McCALL MUNICIPAL AIRPORT INFLUENCE OVERLAY ZONES:
3.7.050: PURPOSE:
The purpose of the McCall Municipal Airport Influence Overlay Zones is to implement the goals
and policies of the McCall Area Comprehensive Plan and the McCall Municipal Airport Master
Plan:
(A) To proactively protect the health, safety and general welfare and property of the users of the
airport and the property and inhabitants in the airport vicinity;
(B) To operate, maintain, and develop the McCall Municipal Airport to ensure safe and efficient
aeronautical facilities for all aviation users per City and FAA standards and requirements and
in manner that it remains a safe neighbor to surrounding land uses; and
(C) To provide for land uses that are compatible with the airport operations, approach zones and
aircraft noise.
3.7.051: AIRPORT OPERATION PROTECTION ZONES:
(A) Purpose: Airport operation protection zones are established to protect the existing and future
instrument approach minimums of the airport and maintain safe operation of the airport for
landing, takeoff and maneuvering of aircraft. These zones do so by preventing the creation of
hazards and nuisances to air navigation including obstructions and lighting.
(B) Applicability: In order to carry out these purposes, all of the land lying beneath the approach
surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the
McCall Municipal Airport shall be protected. Such zones are designated on “the current
approach plan included in the Airport Layout Plan set included in the Airport Master Plan”,
incorporated herein by reference. An area located in more than one of the zones shall be subject
to the more restrictive height limitation.
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(C) Establishment of Zones: The various zones are hereby established and defined as follows:
1. Utility Runway Non-Precision Instrument Approach Zone: The inner edge of this approach
zone coincides with the width of the primary surface and is five hundred feet (500') wide.
The approach zone expands outward uniformly to a width of two thousand feet (2,000') at
a horizontal distance of five thousand feet (5,000') from the primary surface. Its centerline
is the continuation of the centerline of the runway.
2. Horizontal Zone: The horizontal zone is established by swinging arcs of five thousand feet
(5,000') radii from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone
does not include the approach and transitional zones.
3. Conical Zone: The conical zone is established as the area that commences at the periphery
of the horizontal zone and extends outward there from a horizontal distance of four
thousand feet (4,000').
(D) Height Limitations: No structure shall be erected, altered, or maintained, and no tree shall be
allowed to grow in any zone created by this section to a height in excess of the applicable
height limit herein established for such zone. Such applicable height limitations are hereby
established for each of the zones in question as follows:
1. Utility Runway Non-Precision Instrument Approach Zone: Slopes thirty-four feet (34')
outward for each foot upward beginning at the end of and at the same elevation as the
primary surface and extending to a horizontal distance of five thousand feet (5,000') along
the extended runway centerline.
2. Transitional Zones:
a. Slope seven feet (7') outward for each foot upward beginning at the sides of and at
the same elevation as the primary surface and the approach surface, and extending
to a height of one hundred fifty feet (150') above the airport elevation which is five
thousand twenty one feet (5,021') above mean sea level.
b. Height limits sloping seven feet (7') outward for each foot upward beginning at the
sides of and at the same elevation as the approach surface and extending to where
they intersect the conical surface.
c. Where the precision instrument runway approach zone projects beyond the conical
zone, there are established height limits sloping seven feet (7') outward for each
foot upward beginning at the sides of and at the same elevation as the approach
surface, and extending a horizontal distance of ten thousand feet (10,000') measured
at ninety degree (90°) angles to the extended runway centerline.
3. Horizontal Zone: Established at one hundred fifty feet (150') above the airport elevation or
at a height of five thousand one hundred seventy-one feet (5,171') above mean sea level.
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4. Conical Zone: Slopes twenty feet (20') outward for each foot upward beginning at the
periphery of the horizontal zone and at one hundred fifty feet (150') above the airport
elevation and extending to a height of three hundred fifty feet (350') above the airport
elevation.
(E) Use Restrictions:
1. No use may be made of land or water within any zone established by this section in such a
manner as to create electrical interference with navigational signals or radio
communication between the airport and aircraft, make it difficult for pilots to distinguish
between airport lights and other objects, result in glare in the eyes of pilots using the airport,
impair visibility or ability to acquire and maintain visual acquisition of the airfield in the
vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or
interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
2. The owner of any existing nonconforming structure or tree is required to permit the
installation, operation, and maintenance markers and lights deemed necessary by the
airport manager to indicate to the operators of aircraft in the vicinity of the airport the
presence of such airport obstruction. Markers and lights shall be installed, operated and
maintained at the expense of the city.
(F) Permits Required
1. Future Uses: Except as specifically provided in subsections a, b, and c of this section, no
material change shall be made in the use of land, no structure shall be erected or otherwise
established, and no tree shall be planted in any operation protection zone unless a permit
is applied for and granted by the McCall Municipal Airport Manager. Each application
for a permit shall indicate the purpose for which the permit is desired, in sufficient details
to determine whether the use, structure, or tree would conform to these regulations. If such
determination is in the affirmative, the permit shall be granted.
a. In the area lying within the limits of the horizontal zone and conical zone, no permit
shall be required for any tree or structure less than seventy five feet (75') of vertical
height above the ground, except when, because of terrain, land contour, or
topographic features, such tree or structure would extend above the height limits
prescribed for such zones.
b. In areas lying within the limits of the approach zones, but at a horizontal distance
of not less than four thousand two hundred feet (4,200') from each end of the
runway, no permit shall be required for any tree or structure less than seventy five
feet (75') of vertical height above the ground, except when such tree or structure
would extend above the height limit prescribed for such approach zones.
c. In the areas lying within the limits of the transition zones beyond the perimeter of
the horizontal zone, no permit shall be required for any tree or structure less than
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seventy five feet (75') of vertical height above the ground, except when such tree
or structure, because of terrain, land contour, or topographic features, would extend
above the height limit prescribed for such transition zones.
d. Nothing contained in any of the forgoing exceptions shall be construed as
permitting or intending to permit any construction, or alteration of any structure, or
growth of any tree in excess of any of the height limits established by this section
except as set forth in section 3.7.051D of this chapter.
2. Existing Uses: No permit shall be granted that would allow the establishment or creation
of an obstruction or permit a nonconforming use, structure, or tree to become a greater
hazard to air navigation than it was on the effective date of the applicable regulations or
than it is when the application for a permit is made. Except for abandoned or destroyed
existing uses, all applications for such a permit shall be granted.
3. Variances: Any person may request a variance from the provisions of this section by
applying and following the procedures set forth in Chapter 13 PERMITS AND
APPLICATIONS. In considering a variance from the requirement of these provisions, the
application shall be sent to the McCall Municipal Airport Manager for a recommendation
prior to action by the Planning and Zoning Commission.
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Chapter 2
DEFINITIONS
3.2.01: INTERPRETATION OF TERMS OR WORDS:
3.2.02: MEANINGS OF TERMS OR WORDS:
3.2.01: INTERPRETATION OF TERMS OR WORDS:
For the purpose of this title, certain terms or words used herein shall be interpreted as follows:
(A) The word "person" includes an association, partnership, trust, joint venture, syndicate, or
corporation, as well as an individual, and any other legal person capable of owning land.
(B) The present tense includes the future and past tense; the singular number includes the plural,
and the plural number includes the singular; and the masculine, feminine, and neuter genders
include each other.
(C) The word "shall" and the word "must" indicate a mandatory requirement, the word "may"
indicates a permissive requirement, and the word "should" indicates a preference.
(D) The words "used" or "occupied" include the words "intended, designed or arranged to be used
or occupied". (Ord. 821, 2-23-2006, eff. 3-16-2006)
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.
AERONAUTICAL: Aeronautical uses include but are not limited to:
a) Air taxi and charter operation;
b) scheduled or nonscheduled air carrier services
c) Pilot training
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d) Aircraft rental and sightseeing
e) Aerial photography
f) Crop dusting
g) Aerial advertising and surveying
h) Aircraft sales and service
i) Aircraft storage
j) Sale of aviation petroleum products
k) Repair and maintenance of aircraft (includes paint, upholstery, engine, propeller, avionics,
instrument and airframe)
l) Sale of aircraft parts
m) Parachute activities
n) Ultralight activities
o) Sport pilot activities
p) Military flight operations
q) General and corporate aviation
r) Flying clubs
s) US Forest Service flight operations and training
t) General Aviation Terminal
u) Airport support buildings and equipment including airport administration, fire station,
airport equipment/vehicle storage, control tower (permanent and temporary), navigational
aids/lighting vaults, and other airport equipment.
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.
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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.
The McCall municipal airport.
AIRPORT ELEVATION: The highest point of an airport's usable landing area measured in feet
from sea level, i.e., five thousand twenty-one feet (5,021').
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.
APPROACH SURFACE: A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the
approach zone height limitation slope set forth in section 3.7.051. In plan, the perimeter of the
approach surface coincides with the perimeter of the approach zone.
AREA DEVELOPMENT PLAN: A plan encompassing all contiguous parcels controlled by the
same owner, which includes:
(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.
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(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.
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.
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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.
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.
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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.
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.
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.
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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.
CONICAL SURFACE: A surface extending outward and upward from the periphery of the
horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet
(4,000').
CONTAINER: A garbage can, dumpster or any other kind of storage device customarily sold or
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.
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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.
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.
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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.
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 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.
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.
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.
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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.
FAIR DISCLOSURE STATEMENT – A notification to prospective buyers of property near
airports that they may be exposed to potentially impactive levels of aircraft overflight.
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
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.
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HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
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, AIPORT: For the purpose of determining the height limits in all zones set forth in
section 3.6.05 and shown on the zoning map, the datum shall be mean sea level elevation unless
otherwise specified.
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.
HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the established
airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal
zone.
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).
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,
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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.
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.
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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
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
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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.
OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds
a limiting height set forth in section 3.7.051.
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.
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(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.
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.
PERSON: An individual, firm, partnership, corporation, company, association, joint stock
association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar
representative of any of them.
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.
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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.
PRIMARY SURFACE: A surface longitudinally centered on a runway. The primary surface
extends two hundred feet (200') beyond each end of that runway. The elevation of any point on the
primary surface is the same as the elevation of the nearest point on the runway centerline.
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
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.
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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:
(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;
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(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.
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.
RUNWAY: A defined area on an airport prepared for landing and take-off of aircraft along its
length.
SCHOOL: An institution providing full time day instruction which is accredited by and meets the
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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.
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.
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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.
(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).
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(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, 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.
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Ord. 984 Airport Zone Code Update
December 19, 2019
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.
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.
TRANSITIONAL SURFACES: These surfaces extend outward at ninety degree (90°) angles to
the runway centerline, and the runway centerline extended, at a slope of seven feet (7') horizontally
for each foot vertically from the sides of the primary and approach surfaces to where they intersect
the horizontal and conical surfaces. Transitional surfaces for those portions of the precision
approach surfaces, which project through and beyond the limits of the conical surface, extend a
Page 53 of 55
Ord. 984 Airport Zone Code Update
December 19, 2019
distance of five thousand feet (5,000') measured horizontally from the edge of the approach surface
and at ninety degree (90°) angles to the extended runway centerline.
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.
UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
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,
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
Page 54 of 55
Ord. 984 Airport Zone Code Update
December 19, 2019
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)
Page 55 of 55
Ord. 984 Airport Zone Code Update
December 19, 2019
A SUMMARY OF ORDINANCE NO. 984
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, TO-WIT: IN
CHAPTER 6, CIVIC, AIRPORT AND AGRICULTURAL/FOREST ZONES, CHANGING THE
TITLE OF THE CHAPTER TO PUBLIC ZONES; IN SECTION 3.6.01, PURPOSE,
CLARIFYING SUBSECTION (C), AIRPORT (AP) ZONE TO MORE CLEARLY STATE THE
OBJECTIVES OF THE ADOPTED AIRPORT MASTER PLAN; IN SECTION 3.6.02, PUBLIC
ZONES USE REGULATIONS, RE-ORDERING AND CLARIFYING SUBSECTIONS (A) – (C)
REGARDING PERMITTED AND CONDITIONALLY PERMITTED USES AND MAKING
SUBSTANTIVE CHANGES TO TABLE 3.6.02 AS FOLLOWS: ADDING AERONAUTICAL
AS A NEW USE IDENTIFIED TO BE PERMITTED IN THE AP ZONE; ELIMINATING
DWELLING, CARE-TAKER FOR AN APPROVED USE AS AN ALLOWED USE THROUGH A
CONDITIONAL USE PERMIT IN THE AP ZONE; ADDING DWELLING UNIT, LOCAL
HOUSING AS A PERMITTED USE IN THE CV ZONE; PERMITTING PARK, PUBLIC AS A
USE IN THE AP ZONE; SECTION 3.6.03, PUBLIC ZONES GENERAL DEVELOPMENT
STANDARDS, REMOVING THE WORD “GENERAL” FROM THE SECTION TITLE, RE-
ORDERING, CLARIFYING AND ELIMINATING EXTRANEOUS INFORMATION,
ADDING NEW SECTIONS (B) THROUGH (H) WHICH REFERENCE SPECIAL SITE
DESIGN AND FENCING REQUIREMENTS OF THE FAA AND MAKING SUBSTANTIVE
CHANGES TO TABLE 3.6.03 AS FOLLOWS: ADDING THE APP ZONE AND DIFFERENT
REQUIREMENTS FROM THE AP ZONE, IDENTIFYING MINIMUM PROPERTY SIZE AS
NOT APPLICABLE IN THE AP AND APP ZONES, ADDING MINIMUM LEASE SIZE AS A
NEW STANDARD FOR THE AP AND APP ZONES, DELETING MINIMUM STREET
FRONTAGE FROM AP AND ADDING MINIMUM STREET FRONTAGE FOR APP AT 75’,
DELETING MINIMUM SETBACKS FOR AP AND APP, CHANGING MAXIMUM SITE
COVERAGE FOR THE AP AT 100%, ADDING STANDARD OF 10’ TO DISTANCE
BETWEEN STRUCTURES FOR AP AND APP ZONES, ADDING LANDSCAPE BUFFER AS
20’ IN APP ZONE, AND RELOCATING NOTE 4 TO THE NEW SECTION (C); DELETING
SECTIONS 3.6.031, APPROVALS, 3.6.04, AIRPORT ZONING, 3.6.041, PURPOSE, 3.6.042,
SHORT TITLE, 3.6.043, DEFINITIONS, 3.6.044, AIRPORT ZONES, 3.6.045, AIRPORT ZONE
HEIGHT LIMITATIONS, 3.6.046, USE RESTRICTIONS, 3.6.047, AIRPORT
NONCONFORMING USES, 3.6.048, PERMITS, 3.6.049, ENFORCEMENT, 3.6.0410, APPEALS,
DECISIONS OF COMMISSION, 3.6.0411, CONFLICTING REGULATIONS, 3.6.0412,
APPEALS, DECISIONS OF AIRPORT MANAGER, 3.6.0413, JUDICIAL REVIEW: IN
CHAPTER 7, SPECIAL DISTRICTS, ENACTING SECTIONS 3.7.05, McCALL MUNICIPAL
AIRPORT INFLUENCE OVERLAY ZONES, 3.7.050, PURPOSE, AND 3.7.051, AIRPORT
OPERATION PROTECTION ZONES, TO CREATE A NEW SPECIAL DISTRICT, DEFINING
ITS PURPOSE AND DISTINGUISHING IT FROM OTHER ZONES: AND IN CHAPTER 2,
DEFINITIONS, ADDING DEFINITIONS FOR “AERONAUTICAL,” “AIRPORT
ELEVATION,” “APPROACH SURFACE,” “CONICAL SURFACE,” “FAIR DISCLOSURE
STATEMENT,” “HAZARD TO AIR NAVIGATION,” “HEIGHT, AIRPORT,” “HORIZONTAL
SURFACE,” “OBSTRUCTION,” “PERSON,” “PRIMARY SURFACE,” “RUNWAY,”
“TRANSITIONAL SURFACES,” “UTILITY RUNWAY,” AND REDEFINING “AIRPORT”
TO MEAN THE McCALL MUNICIPAL AIRPORT; PROVIDING AN EFFECTIVE DATE.
Page 1 of 4
Ordinance 984 Summary
December 19, 2019
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, VALLEY COUNTY, IDAHO:
The principal provisions of the Ordinance
● Title: The Title has shortened to "Public Zones".
● 3.6.01(C): The purpose of the Airport (AP) Zone is more clearly stated to be based
on the objectives of the adopted Airport Master Plan. A subzone within the AP
zones is identified as the Airport Perimeter (APP) Zone.
● 3.6.02((A)-(C)): These sections on the permitted and conditionally permitted zones
have been re-ordered and re-written for clarity. Sections crossed out in Paragraph
(A) have not been deleted but appear following the table in sections (B) and (C).
● Table 3.6.02 Substantive changes in the table of uses are as follows:
Aeronautical: this is a new use identified to be Permitted in the AP zone.
Dwelling, Care-taker: has been eliminated as a allowed use through a
conditional use permit in the AP zone.
Dwelling unit, local housing: has been added and is defined in the proposed
additions to Chapter 2. It is recommended to be a permitted use in the CV
zone.
Park, public: is recommended that it be a permitted use in the AP zone.
● 3.6.03 This subsection has been re-ordered and rewritten for clarity and elimination
of extraneous information. New provisions are paragraph (B) and (F) which
reference special site design and fencing requirements of the FAA.
● Table 3.6.03 Substantive changes in the table of dimensional standards are as
follows:
APP subzone: The chart adds the APP zone and adds different requirements
from the AP zone in some standards. These proposed standards reflex the
APP zone's location as a perimeter around the airport.
Minimum property size: Identified as not applicable in the AP and APP
zones.
Minimum Lease size: This is a new standard for the AP and APP zones.
Minimum street frontage: Deleted for AP and added for APP at 75'.
Page 2 of 4
Ordinance 984 Summary
December 19, 2019
Minimum Setbacks: Deleted for AP and APP. Those portions of the APP
zones adjacent to the Scenic Route Special Zone will be subject that zone's
setback standards.
Maximum Site Coverage: Changed for the added for the AP at 100%.
Distance between structures: Added standard of 10' for AP and APP zones.
Landscape Buffer: Added as 20" in APP zone.
Note 4: relocated to paragraph (C).
● 3.6.043 Definitions: The definitions have been relocated to Chapter 2 with the
exception of those terms that were defined but not used, have been deleted.
● 3.6.044-46 Airport Zones: These subsections have been edited and relocated to the
new section, 3.7.050 Purpose and 3.7.051 Airport Operation Protection Zones.
● 3.6.047(A) Airport Nonconforming Uses and 3.6.048(C) Nonconforming Uses
Abandoned or Destroyed: These sections have been deleted since the subject and
protections for nonconforming uses are addressed in Chapter 11 Nonconformities.
● 3.6.047(B)Marking and Lighting: This has been relocated to 3.7.051(F).
● 3.6.048(A) Future Uses and (B) Existing Uses: These sections have been relocated
to 3.7.051(F).
● 3.6.048(D) Variances: This section has been relocated to 3.7.051(F)and the text
revised to eliminate standards for approval of variance that deviate from those
standards set forth in Chapter 13 and State Law.
● 3.6.049-3.6.0413: These sections have been deleted since the provisions are
duplicate provisions already contained in City Code.
● 3.7.050: Purpose and 3.7.051: Airport Operation Protection Zones. Section 3.7.051
has been relocated from Chapter 6 with edits and minor substantive changes as
noted below.
● 3.7.050: Purpose: The purpose statement is based on language originally appearing
In Chapter 6, but in a more simplified and less redundant form. The Airport Master
Plan is referenced as guiding document for the code provisions.
● 3.7.051 Airport Operation Protection Zones: This is a new name that originally was
"Airport Zones" which was confusing with the base zoning district of "Airport
(AP)". It also now distinguishes these zones from the land use compatibility zones
Page 3 of 4
Ordinance 984 Summary
December 19, 2019
that follow.All of these zones are overlay zones, supplementing and/or superseding
provisions in the base zones.
• 3.7.051(A) Purpose: This is clearer statement of intent for operation protection
zones than what originally appeared in Chapter 6.
• 3.7.051 (B)Applicability: This also more clearly identifies the land affected by the
provisions and incorporates a map of the areas by reference.
• 3.7.051 (C) Establishment of Zones: The description of the zones are as was
previously instated in Chapter 6, except for the "Utility Runway Visual Approach"
zone which is not used at the McCall Municipal airport.
• 3.7.051 (D) Height Limitations: No changes in the standards;just minor edits from
what appeared in Chapter 6.
• 3.7.051 (E) Use Restrictions: With minor edits these provisions are what appeared
in Chapter 6.
• 3.7.051 (F) Permits Required: With minor edits, these provision are what appeared
in Chapter 6.
• 3.2.02 The changes drafted for Chapter 2 include terms and uses used in Chapter 6
and 7. New definitions not appearing before in Chapter 6 are: AERONAUTICAL
and LOCAL HOUSING UNIT. AIRPORT has been redefined as the McCall
Municipal Airport.
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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BessieJo Wag. City Cler
Page 4 of 4
Ordinance 984 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. 984PASSED BY THE CITY OF MCCALL, IDAHOAN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, TO-WIT: IN CHAPTER 6, CIVIC, AIRPORT AND AGRICULTURAL/FOREST ZONES, CHANGING THE TITLE OF THE CHAPTER TO PUBLIC ZONES; IN SECTION 3.6.01, PURPOSE, CLARIFYING SUBSECTION (C), AIRPORT (AP) ZONE TO MORE CLEARLY STATE THE OBJECTIVES OF THE ADOPTED AIRPORT MASTER PLAN; IN SECTION 3.6.02, PUBLIC ZONES USE REGULATIONS, RE-ORDERING AND CLARIFYING SUBSEC-TIONS (A) – (C) REGARDING PERMITTED AND CONDITIONALLY PERMITTED USES AND MAKING SUBSTANTIVE CHANGES TO TABLE 3.6.02 AS FOLLOWS: ADDING AERONAUTICAL AS A NEW USE IDENTIFIED TO BE PERMITTED IN THE AP ZONE; ELIMINATING DWELLING, CARE-TAKER FOR AN APPROVED USE AS AN ALLOWED USE THROUGH A CONDITIONAL USE PERMIT IN THE AP ZONE; ADDING DWELLING UNIT, LOCAL HOUSING AS A PERMITTED USE IN THE CV ZONE; PERMITTING PARK, PUBLIC AS A USE IN THE AP ZONE; SECTION 3.6.03, PUBLIC ZONES GENERAL DEVELOPMENT STANDARDS, REMOVING THE WORD “GENERAL” FROM THE SECTION TITLE, RE-ORDERING, CLARIFYING AND ELIMINATING EXTRANEOUS INFORMATION, ADDING NEW SECTIONS (B) THROUGH (H) WHICH REFERENCE SPECIAL SITE DESIGN AND FENCING REQUIREMENTS OF THE FAA AND MAKING SUBSTANTIVE CHANGES TO TABLE 3.6.03 AS FOLLOWS: ADDING THE APP ZONE AND DIFFERENT REQUIREMENTS FROM THE AP ZONE, IDENTIFYING MINIMUM PROPERTY SIZE AS NOT APPLICABLE IN THE AP AND APP ZONES, ADDING MINIMUM LEASE SIZE AS A NEW STANDARD FOR THE AP AND APP ZONES, DELETING MINIMUM STREET FRONTAGE FROM AP AND ADDING MINIMUM STREET FRONTAGE FOR APP AT 75’, DELETING MINIMUM SETBACKS FOR AP AND APP, CHANGING MAXIMUM SITE COV-ERAGE FOR THE AP AT 100%, ADDING STANDARD OF 10’ TO DISTANCE BETWEEN STRUCTURES FOR AP AND APP ZONES, ADDING LANDSCAPE BUFFER AS 20’ IN APP ZONE, AND RELOCATING NOTE 4 TO THE NEW SECTION (C); DELETING SECTIONS 3.6.031, APPROVALS, 3.6.04, AIRPORT ZONING, 3.6.041, PURPOSE, 3.6.042, SHORT TITLE, 3.6.043, DEFINITIONS, 3.6.044, AIRPORT ZONES, 3.6.045, AIRPORT ZONE HEIGHT LIMITATIONS, 3.6.046, USE RESTRICTIONS, 3.6.047, AIRPORT NONCONFORMING USES, 3.6.048, PERMITS, 3.6.049, ENFORCEMENT, 3.6.0410, APPEALS, DECI-SIONS OF COMMISSION, 3.6.0411, CONFLICTING REGULATIONS, 3.6.0412, APPEALS, DECISIONS OF AIRPORT MANAGER, 3.6.0413, JUDICIAL RE-VIEW: IN CHAPTER 7, SPECIAL DISTRICTS, ENACTING SECTIONS 3.7.05, McCALL MUNICIPAL AIRPORT INFLUENCE OVERLAY ZONES, 3.7.050, PURPOSE, AND 3.7.051, AIRPORT OPERATION PROTECTION ZONES, TO CREATE A NEW SPECIAL DISTRICT, DEFINING ITS PURPOSE AND DIS-TINGUISHING IT FROM OTHER ZONES: AND IN CHAPTER 2, DEFINITIONS, ADDING DEFINITIONS FOR “AERONAUTICAL,” “AIRPORT ELEVA-TION,” “APPROACH SURFACE,” “CONICAL SURFACE,” “FAIR DISCLOSURE STATEMENT,” “HAZARD TO AIR NAVIGATION,” “HEIGHT, AIRPORT,” “HORIZONTAL SURFACE,” “OBSTRUCTION,” “PERSON,” “PRIMARY SURFACE,” “RUNWAY,” “TRANSITIONAL SURFACES,” “UTILITY RUNWAY,” AND REDEFINING “AIRPORT” TO MEAN THE McCALL MUNICIPAL AIRPORT; PROVIDING AN EFFECTIVE DATE.NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO:The principal provisions of the Ordinance • Title: The Title has shortened to “Public Zones”. • 3.6.01(C): The purpose of the Airport (AP) Zone is more clearly stated to be based on the objectives of the adopted Airport Master Plan. A subzone within the AP zones is identified as the Airport Perimeter (APP) Zone. • 3.6.02((A)-(C)): These sections on the permitted and conditionally permitted zones have been re-ordered and re-written for clarity. Sections crossed out in Paragraph (A) have not been deleted but appear following the table in sections (B) and (C). • Table 3.6.02 Substantive changes in the table of uses are as follows: Aeronautical: this is a new use identified to be Permitted in the AP zone. Dwelling, Care-taker: has been eliminated as a allowed use through a conditional use permit in the AP zone. Dwelling unit, local housing: has been added and is defined in the proposed additions to Chapter 2. It is recommended to be a permitted use in the CV zone. Park, public: is recommended that it be a permitted use in the AP zone. • 3.6.03 This subsection has been re-ordered and rewritten for clarity and elimination of extraneous information. New provisions are paragraph (B) and (F) which reference special site design and fencing requirements of the FAA. • Table 3.6.03 Substantive changes in the table of dimensional standards are as follows: APP subzone: The chart adds the APP zone and adds different requirements from the AP zone in some standards. These proposed standards reflex the APP zone’s location as a perimeter around the airport. Minimum property size: Identified as not applicable in the AP and APP zones. Minimum Lease size: This is a new standard for the AP and APP zones. Minimum street frontage: Deleted for AP and added for APP at 75’. Minimum Setbacks: Deleted for AP and APP. Those portions of the APP zones adjacent to the Scenic Route Special Zone will be subject that zone’s setback standards. Maximum Site Coverage: Changed for the added for the AP at 100%. Distance between structures: Added standard of 10’ for AP and APP zones. Landscape Buffer: Added as 20” in APP zone. Note 4: relocated to paragraph (C). • 3.6.043 Definitions: The definitions have been relocated to Chapter 2 with the exception of those terms that were defined but not used, have been deleted. • 3.6.044-46 Airport Zones: These subsections have been edited and relocated to the new section, 3.7.050 Purpose and 3.7.051 Airport Operation Protection Zones. •3.6.047(A) Airport Nonconforming Uses and 3.6.048(C) Nonconforming Uses Abandoned or Destroyed: These sections have been deleted since the subject and protections for nonconforming uses are addressed in Chapter 11 Nonconformities. • 3.6.047(B)Marking and Lighting: This has been relocated to 3.7.051(F). • 3.6.048(A) Future Uses and (B) Existing Uses: These sections have been relocated to 3.7.051(F). • 3.6.048(D) Variances: This section has been relocated to 3.7.051(F)and the text revised to eliminate standards for approval of variance that deviate from those standards set forth in Chapter 13 and State Law. • 3.6.049-3.6.0413: These sections have been deleted since the provisions are duplicate provisions already contained in City Code. • 3.7.050: Purpose and 3.7.051: Airport Operation Protection Zones. Section 3.7.051 has been relocated from Chapter 6 with edits and minor substantive changes as noted below. • 3.7.050: Purpose: The purpose statement is based on language originally appearing In Chapter 6, but in a more simplified and less redundant form. The Airport Master Plan is referenced as guiding document for the code provisions. • 3.7.051 Airport Operation Protection Zones: This is a new name that originally was “Airport Zones” which was confusing with the base zoning district of “Airport (AP)”. It also now distinguishes these zones from the land use compatibility zones that follow. All of these zones are overlay zones, supplementing and/or superseding provisions in the base zones. • 3.7.051(A) Purpose: This is clearer statement of intent for operation protection zones than what originally appeared in Chapter 6. • 3.7.051 (B) Applicability: This also more clearly identifies the land affected by the provisions and incorporates a map of the areas by reference. • 3.7.051 (C) Establishment of Zones: The description of the zones are as was previously instated in Chapter 6, except for the “Utility Runway Visual Approach” zone which is not used at the McCall Municipal airport. • 3.7.051 (D) Height Limitations: No changes in the standards; just minor edits from what appeared in Chapter 6. • 3.7.051 (E) Use Restrictions: With minor edits these provisions are what appeared in Chapter 6. • 3.7.051 (F) Permits Required: With minor edits, these provision are what appeared in Chapter 6. • 3.2.02 The changes drafted for Chapter 2 include terms and uses used in Chapter 6 and 7. New definitions not appearing before in Chapter 6 are: AERONAUTI-CAL and LOCAL HOUSING UNIT. AIRPORT has been redefined as the McCall Municipal Airport.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:By JACKIE J. AYMON,MayorATTEST:By BessieJo Wagner,City Clerk1tc12/26
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 984
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. 984.
DATED this 19th day of December 2019.
__________________________________________
William F. Nichols, City Attorney
McCall, Idaho
DocuSign Envelope ID: 32693F57-97DA-456C-A229-31132681AF2E