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HomeMy Public PortalAboutOrd. 443 - New Chapt. of Shoreline Dist. of Impact ORDINANCE NO. 443 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO ZONING; REPEALING AND RE-ENACTING CHAPTER 10 OF TITLE 3A OF THE VILLAGE CODE OF McCALL, IDAHO, CON- CERNING SHORELINE AND RIVER ENVIRONMENTS DISTRICT: PROVIDING A STATEMENT OF PURPOSE; DESCRIBING LANDS INCLUDED THEREIN; DEFINING PERMITTED USES; PROVIDING REQUIREMENTS FOR DEVELOPMENT; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE MAYOR AND COUNCIL• OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Chpater 10 of Title 3P. of the Village Code of McCall, Idaho, is hereby repealed. Section 2. That Title 3A of the Villaqe Code of McCall be and the same hereby is amended. by the addition thereto of a new Chpater, to be known and designated as Chapter 10 of Title 3A of the Village Code of McCall, Idaho, and to read as follows : CHAPTER 10 ZONE "I" SHORELINE AND RIVER ENVIRONS DISTRICT (OVERLAY) SECTION: 3A-10-1: PURPOSE 3A-10-2: LANDS INCLUDED 3A-10-3: PERMITTED USES 3A-10-4: REQUIREMENTS FOR DEVELOPMENT 3A-10-1: Purpose: To regulate development and alterations along the shoreline of Payette Lake and the banks and immediate floodplain of the Payette River in order to protect and maintain the physical, biological and other resources of particular value to the public. 3A-10-2 LANDS INCLUDED: (A) From the low water mark of Payette Lake to the nearest frontage road, but not more than one hundred fifty (150) feet. (B) From the Payette River to one hundred fifty (150) feet on all waterfront lots or parcels on Payette River. 3A-10-3: PERMITTED USES: All those uses permitted in the Use Districts upon which the Shoreline District is superimposed shall be permitted pro- vided they satisfy the special conditions set forth elsewhere in this Chapter except that: (A) No public or commercial marinas, docks and piers shall be per- mitted unless there is a demonstrable public need for such facilities. (B) No building shall be permitted within a designated U. S. Geologi- cal Survey flood prone area unless property owners are aware of the flooding possibilities and have taken the proper precautions in. their building and landscaping plans. 3A-10-4: REQUIREMENTS FOR DEVELOPMENT: No special use or building permit shall be issued, nor shall any use requiring the development of any portion of this District be permitted, unless the applicant estab- lished conformity with the requirements of this section and submits a topographic survey showing high and low water lines, flood prone boundary lines and any other available flood data: (A) Development on the Shoreline, Riverfront or Within Water Areas : 1. No construction, alteration or activity shall cause harm to: a. Water quality b. Fish and aquatic habitats c. The natural beauty'-of the lake or river d. Navigation safety or health d 2. Dock and piers shall: a. Be used to provide access to boats rather than dredging b. Be constructed on floating piers or piers on pilings, and dredging shall be minimal. c. Have chemically inert sand, gravel or similar materials used to stabilize the structures. d. Have restrooms, pump-out facilities for boat sewage recep- tacles and trash receptacles for other boat wastes on or near them if constructed as part of a public or commercial marina. 3. Breakwater retaining walls 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 the Planning and Zoning Commission. b. Not extend beyond high water levels unless approved by the Commission and deemed as beneficial to the public and the environmental qualities of the shoreline. 3A-10-4: REQUIREMENTS FOR DEVELOPMENT continued c. Be constructed of native rock and/or concrete d. Not be painted e. Be carried deep enough below the bottom to prevent move- ment of back fill materials into the water. f. Be set deep enough and reinforced enough to prevent frost heaving and other natural structural deterioration. (B) Development Landward of the Shoreline or beyond the Riverbanks as defined in Section 3A-10-2: 1. No structure shall occupy more than seventy (70) percent of the lot width, to be measured parallel to the shoreline at the fifty (50) foot setback line from the Lake or River. This particular percentage shall not apply whenever: a. Any lot. is fifty (50) feet or narrower; in which case a 72 foot, or one half height , whichever is greater,. side property line setback, on each side of the structure shall be required, or b. Any lot is one hundred (100) feet or greater in width; in which case the allowable coverage percentage of seventy (70) percent shall decrease five (5) percent for every additional twenty-five (25) feet over one hundred (100) , with no lot width coverage less than fifty (50) percent. 2. No structure other than fencing shall be located any closer than 72 feet from any side property line. No fence shall be over four (4) feet high. 3. If no other building exists on either of the immediately ad- jacent lots, all structures shall be set back fifty (50) feet from the high water line of the Payette River and Payette Lake; otherwise, the setback shall be the same as the distance of immediately adjacent dwellings to the River or Lake. 4. Multi-family developments and any accessory structures higher than six (6) feet above any existing or planned ground eleva- tions shall be set back fifty (50) feet or one-third the pro- perty depth if that depth is greater than one hundred and fifty (150) feet from the high water line of Payette Lake or Payette River. -2- e S. Any structure of alteration made in a commercial district oil the Lake shall be set back from Payette bake the same distance as the existing structure or existing structures on the immediately adjacent properties. If no structures exist on such properties, the setback shall be fifty (50) feet. 6. Development, including parking areas, shall not cover more than eighty (80) percent of the total acreage of the lot or parcel. 7. Plans for handling the drainage and snow removal from parking areas designed to accomodate more than three (3) cars shall be subject to the approval of the Commission. 8. Exterior building materials shall not create a contrast with the natural surroundings or any kind of glare; earth-toned colors are recommended. Section 3. Iliat al] ordinances ,uid parts eC ovdinances in conflict lic rowith are hor.eby a,cpoa.led. Section 4. Ih«t: 't::is Ordina.ncc shall be in fi.d.i i'o� -cc and effect upon its�pa.ssagc and publi.cati.on In enc issue of the. Central Idaho Star Pews. Passed and approvod this 1st day of February Ci.t.v of 1lcC;ila , id'.ho tay�- Attest: IL r o iota gabt C. 1'0gg, C` (,1orl< —3—