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HomeMy Public PortalAboutOrd. 426 - New Chapt. 10 of Village Code . ORDINANCE NO . Z 6 r AN ORDINANCE OF THE CITY OF MCCALL, IDAHO RELATING TO ZONING; REPEALING CHAPTER 10 OF TITLE 3 OF THE VILLAGE CODE OF MCCALL, IDAHO; AMENDING TITLE 3 OF SAID VILLAGE CODE BY THE ADDITION THERETO OF A NEW CHAPTER 10 PROVIDING FOR PURPOSES, PERMITTED USES, SPECIAL USES, CONDITIONS OF USE, LIMITATION ON SUBDIVISION OF PARCELS AND DEVELOPMENT STANDARDS; PROVIDING FOR CONFLICTS WITH EXISTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO AS FOLLOWS: Section 1 . That Chapter 10 of Title 3 of the Village Code of McCall, Idaho is hereby repealed. Section 2 . That Title 3 of the Village Code of McCall, Idaho be and the same hereby is amended by the addition thereto of a new Chapter 10 to read as follows : CHAPTER 10 ZONE F-URBAN AGRICULTURE AND RECREATION DISTRICT SECTION: 3-10-1 : Purposes 3-10-2 : Permitted Uses 3-10-3 : Special Uses 3-10-4: Conditions of Use 3-10-5 : Limitations on Subdivision of Parcels 3-10-6 : Development Standards 3-10-1 : PURPOSES : In furtherance of the provisions of section 3-2-1 ( Zoning Ordinance) : (A) To provide areas for residential use which are rural in nature. (B) To preserve, maintain or improve the essential characteristics of land and water area that are : 1 . Of significant value to the public as scenic or recreation resources . 2 . Important to the overall structure and organization of urban areas and which provide access to usable open areas for active recreational, scenic and esthetic purposes . (C) To preserve, maintain or improve the essential function of physical and ecological systems and features which significantly affect the general health., safety, welfare and recreational opportunities of the public . (D) To define and regulate use and development within areas which may be potentially hazardous . -1- (E) To guide development in a manner which makes wise and prudent use of the open spaces and natural resources of the City of McCall and the surrounding areas . (F) To include areas indicated on the General Plan las open or as parks. (G) To maintain parcels of adequate size to permit small- scale domestic agricultural uses . 3-10-2 : PERMITTED USES: The following uses shall be permitted provided they are deemed appropriate and similar in nature in each particular application by the Planning Commission. Areas in Zone F may be designated F-1 , F- 2 and F-3 and from time to time deliniated on the zoning map accordingly. Any area in Zone F which is not so designated shall be F-1 . (A) 1 . In Zone F-1 , single family units at no more than one dwelling unit: per ten ( 10) acres or on smaller recorded lots or parcels of record at time of enactment of this ordinance. 2. In Zone. F-2, single family dwelling units at no more than one unit on parcels of no less than 5 acres . 3 . In Zone F-3, single family dwelling units at no more than one unit per acre. (B) In all zones accessory buildings may be used in connection with a residential building. (C) The following agricultural activities for the domestic use of the products and animals by the family residing on the premises involved: 1 . Livestock raising, except that in Zone F-3, no livestock raising shall be permitted. 2 . Crop production. 3 . Nurseries . 4. Orchards . 5 . Truck Farming. (D) No commercial uses shall be permitted other than commercial recreational uses included below: 1 . Public parks and day-use recreation areas . 2 . Hiking, biking, riding and snowmobile trails and other public easements . 3 . Undeveloped campgrounds . 4. Developed campgrounds, recreational vehicle parks and church camps . 5 . Outdoor recreation concessions and recreation equipment rental. 3-10-3 : SPECIAL USES: The following uses may be permitted in accordance with Section 3-22-4 (Special Use Permits) . (A) Planned unit development. (B) Public and semi-public use. 1 See Chapter 18 of this Title -2- 3-10-4: CONDITIONS OF USE: (A) For any permitted use, other than agriculture, in this District: 1 . Land coverage by any buildings shall not exceed thirty percent (30%) of the total. 2 . At least fifty percent (50%) of the total parcel area shall be maintained in a manner which preserves existing natural vegetation; provided however, that if less than fifty percent (50% ) of the total parcel area contains existing natural vegetation, it shall be preserved . 3 . All uncovered land shall be planted and vegetated in a manner which is usually and ecologically compatible with existing vegetation. 4. No use shall have a significant adverse environmental impact upon natural vegetation or the survival of valuable wildlife or change the amount of water, sediments or pollutants introduced to any stream, waterway or waterbody in the Payette Basin. (B) All uses within this District shall conform to the provisions specified in Chapter 20 (Supplementary Regulations) . 3-10-5 : LIMITATIONS ON SUBDIVISION OF PARCELS : (A) Any parcel in Zone F-1 may be subdivided provided each parcel created is ten (10) acres or more. 1 . The minimum average lot area shall be 395 ,000 square feet. 2 . No lot shall be less than 360,000 square feet. (B) Any parcel in Zone F-2 may be subdivided provided each parcel created is five (5) acres or more. 1 . The minimum average lot area shall be 195 ,000 square feet. 2.. No lot shall be less than 180,000 square feet. (C) Any parcel in Zone F-3 may be subdivided provided each parcel created is one (1 ) acre or more. 1 . The minimum average lot area shall be 37, 500 square feet. 2 . No lot shall be less than 35 ,000 square feet. 3-10-6: DEVELOPMENT STANDARDS: Subject to the density, parcel and other requirements specified in Section 3-10-2 (Permitted Uses) ; Section 3-10-4 (Conditions of Use) ; Section 3-10-5 (Limitations on Subdivision of Parcels ) ; the development standards in this District shall be the same as those established in Chapter 5 (Low Density Residential District) , Section 7, 8 and 9, and including the following: (A) Lot length: 1 . The average length of any lot shall not be greater than four (4) times the average width. -3- (B) Setback Requirements : 1 . No portion of a building shall be closer than twenty (20) feet to the front right-of-way line of a public thoroughfare to allow for planting strips, sidewalks, trails or easements . or rear property line than twenty ( 20) feet. 2 . No portion of a building shall be closer to a side or rear property line than twenty (20) feet. (C) Maximum Building Height: 1 . The maximum height permitted for any building shall be thirty-five (35) feet. (D) Where more than one dwelling unit is proposed on a parcel in single ownership or control, clustering of those units and construction of joint access ways shall be encouraged . (E) The Planning Commission may require dedication of adequate public access ways not less than ten feet (10 ' ) in width to publicly owned land or waters . 3-10-7 : APPLICATION OF DENSITY AND DEVELOPMENT STANDARDS : (A) Calculation of permissible Densities : 1 . The area to be calculated for permissible density shall consist of all land owned or controlled by the applicant designated in the permit application as the land development for which the permit is sought. 2 . A separate calculation shall be made for the lands in such areas that are contained in differently zoned districts where the application is made for more than two ( 2) dwelling units and the land area designated in the permit application comes within more than one zoned district . 3 . The number of permissible dwelling units shall include dwelling units previously authorized, or constructed, within the area so designated in the application. (B) Plot Plans Where Subdivision Approval Not Sought: Where a permit is sought for residential development containing fewer dwelling units than are permissible on the lot or parcel in the residential density district in which the lot or parcel is located, and no subdivision approval is sought, the applicant shall submit a plot plan which shall show that future location of other structures on the lot or parcel can be done in a manner that will conform to the standards established in this Ordinance . Such plot plan shall be filed by the Planning Commission in such a manner that it will be available in the future to the Commission and to any subsequent purchasers from the applicant to determine the future permissible development on such lot or parcel . Deviation from the original plot plan may be permitted provided that the deviation is as acceptable as the original plan. 3-10-8: APPLICATION PROCEDURE AND QUALIFICATION FOR HIGHER DENSITY ZONING IN ZONE F -4- (A) Procedure 1 . An applicant shall submit the following: a . Completed application form available at the City Office . b . The names and addresses of all property owners within 300 feet of the property for which the application is made . c . Legal description of the property. d . Three copies of a plot plan of the property, drawn to scale, showing the following information: ( 1) The relationship of the property to the surrounding area. ( 2) The plan of subdivision, if any. ( 3) Land uses , and building location and number of dwelling units if appropriate. (4) The arrangement of streets and pedestrian ways . (5) Plans for water supply, sewage disposal , connection to public utilities and road access and maintenance to the property. (6) Such additional information as the Commission may request. (B) Criteria for Decision In considering the application the Commission shall give consideration, including, but not limited to, the following matters : 1 . Road Access-Consideration shall be given to whether or not access is currently available to the property; whether such an access is private or public; whether improvements and right-of-ways will be needed; whether the traffic generated will have adverse impacts on existing development; how much road length will have to be constructed improved and/or main- tained. 2 . Utilities-Consideration shall be given to whether or not planned utilities will be private or public; if public, whether capacity and maintenance is available and what the costs will be to the city; if private, whether it is likely that there may be a future request to connect to public facilities , also whether right-of-ways will be needed to bring utilites to the property and th_e_sqp._], _nions__ofCentral District Health regarding the proposed utility systems . 3 . City Services-Consideration shall be given to the demand for fire and police protection, solid waste disposal and snow removal and the economic impact on the city in providing any or all of these services . Factors to be considered shall include the distance of the proposed development from areas of existing service and the overall proposed density. 4. Density Compatibility-Consideration shall be given to the existing and likely future density of surrounding adjacent properties . The creation of Zone F-3 should be encouraged contiguous to areas of equal or greater density and Zone F-2 should serve as a transition area between F-3 and F-1 properties . -5- Section 3 . That all ordinances and parts of ordinances in conflict herewith, are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in one issue of the Central Idaho Star News . Passed and approved this 4th day of May, 1981 . City f MCC a -o BY / / M 'y r Attest• City lerk -6-