HomeMy Public PortalAboutOrd. 436 - Zoning ORDINANCE NO. Li
AN ORDINANCE RELATED TO ZONING; AMENDING SECTION 3-7-3
OF THE VILLAGE CODE OF MCCALL, IDAHO, BY ADDING A NEW
SUBSECTION (1) THERETO DEFINING A NEW SPECIAL USE;
AMENDING SECTION 3-7-5 OF THE VILLAGE CODE OF MCCALL,
IDAHO, MAKING SNOW' STORAGE AREAS MANDATORY; AMENDING
SECTION 3-7-5 OF THE VILLAGE CODE OF MCCALL, IDAHO, TO
PROVIDE THAT NO BUILDING SHALL EXCEED THIRTY FIVE FEET
IN HEIGHT; AMENDING CHAPTER 7 OF TITLE III OF THE
VILLAGE CODE OF MCCALL, IDAHO, BY THE ADDITION OF A NEW
SECTION 6 THERETO, TO PROVIDE SPECIFIC STANDARDS FOR
RESIDENTIAL DEVELOPMENT; AMENDING SECTION 3-16-4 OF
THE VILLAGE CODE OF MCCALL, IDAHO, TO ADD A NEW SERVICE
TO BE PROVIDED BY DEVELOPERS; AMENDING SECTION 3-17-2
OF THE VILLAGE. CODE OF McCALL, IDAHO, 14AKING A PUBLIC
HEARING MANDATORY FOR PLANNED UNIT DEVELOPMENTS;
AMENDING 3-17-2 BY ADDING A NEW SUBSECTION 5 THERETO
REQUIRING THE CITY COUNCIL TO APPROVE PLANNED UNIT
DEVELOPMENTS UPON RECOMMENDATION OF THE PLANNING AND
ZONING COMMISSION; AMENDING SECTION 320-2 OF THE VILLAGE
CODE OF MCCALL, IDAHO, TO REQUIRE ROOFING OF NON-
REFLECTIVE MATERIALS; AMENDING SECTION 3-20-3 OF THE
VILLAGE CODE OF MCCALL, IDAHO, TO STRIKE THE WORD
"EAVES" THEREFROM; AMENDING SECTION 3-20-4 OF THE
VILLAGE CODE OF MCCALL, IDAHO, TO STRIKE SUBPARAGRAPH
(C) THEREFROM AND .AMENDING SAID SECTION 3-20-4 OF THE
VILLAGE CODE OF MCCALL, IDAHO, BY THE ADDITION OF A NEW
SECTION (C) TO PROVIDE DIMENSION OF PARKING SPACES:
AMENDING SECTION 3-22-1 OF THE VILLAGE CODE OF MCCALL,
'IDAHO, TO REQUIRE A BUILDING PERMIT FOR ALL ALTERATIONS
OR IMPROVEMENTS EXCEEDING $150. 00 IN VALUE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MCCALL, IDAHO, AS FOLLOWS:
Section 1. That Section 3-7-3 of the Vilage Code of
McCall, Idaho, be and the same is hereby amended to read as
follows :
3-7-3 : SPECIAL USES: The following uses and their
accessory uses shall be permitted in accordance with
Section 3-22-4 (Special Use Permits) .
(A) Planned unit development.
(B) Public use.
(C) Drive-in restaurant.
(D) Laundromat.
(E) Medical facilities.
(F) Out(-I.00r amusement facilities.
(H) Other uses which are found by the Planning Commission
to be appropriate and similar in nature may be
permitted.
(I) Combination buildings with both commercial and
residential uses.
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Section 2. That' Section 3-7-5 of the Village Code. of.
McCall, Idaho, be and the same is hereby amended to read as
follows:
3-7-5: ' STANDARDS FOR COMMERCIAL DEVELOPMENT:
(A) Setback Requirements;
1. The .minimum front yard, setback, shall be.
five feet (5.' ) for. landscaping purposes.
2. 'The 'minimum rear yard setback shall be
twenty feet (201 ) .
3. The minimum flanking street setback shall
be five feet (5 '`') .
4. The 'minimuin flanking- alley- setback shall.
be three, feet (.3 ' .) . and no .part" of. any structure
shall project over the setback- 'area.
(B) Driveways'- and Parking
1. The minimum driveway width shall be twenty
feet (20 ' ) for two-way traffic and fourteen feet
(14 ' ) for one.-way .traffic.
2. Parking area's shall .conform to standards of
design and construction established by the City
provided that:
(a) No 'parking lot pavement may be located
closer than five . feet (5 '. ) from the right. of.
:.way line of a .public street..
(b) _ No part' of parked vehicles shall pro-
trude into that setback; ..and a fence, wall or
- plant screen shall be installed.
(c) All parking lots shall be screened from
public thoroughfares by a fence, wall .or
plant screen; provided, however, that the
screening height shall be lowered to the
standards as required under the County -Traffic
Code and/orto the standards of the City,.. at
street corners, driveway- intersections and
other locations. . The setback area. between
the parking area paving and the public right
of way shall ,be planted and shall not .be
paved-. .
(d) Off-street parking areas shall: con.forM
to the space requirements and standards
specified- in` Chapter 20 (Supplementary
Regulations), .
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(e)— Where' special conditions -exist which
make compliance with these standards im-
practical, the Commission will consider
alternative proposals.
(f) Where snow removal and storage may pose
a problem to traffic circulation or reduce
the amount of adequate parking for winter
business, thedeveloper of the property .shall
designate a snow storage area ar:.n'atke e4--her
pj!evis-inns to and remove the snow as necessary.
(C) Height Limitations :' No building within the
Commercial District shall exceed thirty five feet (35 ' )
in height measured from the ground level of the .primary
building entr.arice.. "
(D) Lot Coverage:
1. The amount
'Of 'land covered -by,buildings and
pavement -shall 'not exceed eight percent (800) of a
lot or parcel within a neightborhood commercial
district.
2. . ' All uncovered area shall be landscaped.
(E) .Waste Collection: Waste. collectionareas shall
be enclosed.
(F) Public Access: The Planning Commission should
encourage the.-dedication of public access-ways not less
than ten feet (10 ',) in width to publicly owned land or
waters and should encourage the preservation of all
historic and archaeologic sites known or discovered on
the parcel subject to :development.
Section 3. 'That Chapter 7 of Title III - of the Village
Code of McCall, Idaho, be and the same is hereby amended by
the addition of a- new section thereto, to be known and
designated as Section 3=7-6 of the Village Code of McCall,
Idaho, and to read as follows:
3-7-6: SPECIFIC STANDARDS FOR RESIDENTIAL DEVELOPMENT:
(A) Density
No more than twelve (12) dwelling units per acre
shall 'be permitted on commercially zoned property.
(B) Setback Requirements .
Single and multi-family dwellings in commercial
districts shall meet the set back standards
specified in Section 3-5-5 (Low .Density Residential) .
(C) Snow Storage Areas
An unpaved area equal 'to - one-third (1/3) the size
of the planned parking lot shall be provided for
snow storage.. This area shall not be designated
between any property line .and setback line.
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Section 4., That Section 3-16-4 •:.: *• of the Village Code
of McCall, Idaho, be and. the same is hereby amended to read
as follows:
. 3-16-4: COMPLETION 'OF ' SERVICE CONNECTIONS: .
(A) Developer shall be responsible for ,the planning,
installation and/or construction of all services within
a subdivision. These services shall include:
1. Paved streets.
2 . Water and sewer lines.
3. , Undergrotrid power and telephone. .
4. Street lights.
(B) No building permits will be approved by the Planning
Commission nor shall any construction take place upon
any land within a, subdivision until these services are
constructed, installed and approved.',
(C) Final paving of streets may be' postponed not more
that one year provided the developer presents- reasonable
cause for postponement and -provides .,acceptable surety _
to guarantee completion of. the streets within:. the sub-
division and connecting to an existing street.
(D) In order to guarantee that- the construction of the
water and sewer- lines -and the .streets will . stand the
test of time and to assure the public of a near-maintenance--
free facility, the City shall retain a surety in the
amount of twenty_ percent (200) of the original surety
for a period of two (2) years after the original construction
has been accepted. If, during this .two (2) ' year period,
-it is discovered that the original construction was
deficient due to drainage, settling, defective . or
insufficient materials or other unforeseen circumstances,
then the City Engineer shall notify the subdivider to
correct these deficiencies and repair the facility back
to City standards.
Section 5. That Section 3-17-2 of the Village Code of
McCall, Idaho;, be and :the, same is hereby amended to ;read
- as follows :
3-17-2: PROCEDURE:
(A) Preliminary Development Plan and Program.
1., The applicant shall submit a . Preliminary Development
Plan and Program to the Planning Commission for an
approval in principle. Such presentation shall
consist of the preliminary plan in schematic
fashion and .a writteri 'program containing the
following elements:
(a) Plan Elements :
1. Proposed land uses and densities.
2. Building types and intensities.
3 . Circulation pattern.
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4. Parks, playgrounds, open spaces.
5. Existing natural features.
(b) Program Elements:
1. Appli'cant' a market analysis of proposed
use.
2. Proposed ownership pattern.
- 3. Operation and maintenance proposal, e.g.
Homes Association, Condominium, Cop-op or
other.
4 . Waste disposal - facilities.
5. Lighting.
6. Water supply.
7. Public transportation.
8.. : Community facilities, e.g. schools,
libraries, fire protection and shopping.
9. General timetable -of development.
10. Qualifications of the proposed design
team for the preparation of the general plan
and program. The design team shall be designated
on the basis of the extent and complexity of
the planned development and .shall consist of
one or more persons with qualifications such
as an urban planner, an architect, an . engineer,
a landscape architect, a designer, an- attorney
or other' similar professionals . or .technicians .
2. Planning Commission review of the preliminary
plan and. program need not be at a. public hearing
unless the applicaht' requests such. Bearing in the
application.
3. The Planning Commission shallinformally
review the preliminary, development- plan and .program
at a regular meeting and may act to grant preliminary
approval, approval with recommended modifications
or denial. Such action 'shall ,'be:. based upon a
comprehensive plan, if one exists, the standards
of this Ordinance and other regulations and the
suitability of the proposed development in relation .
to the character of the area.
.4. Approval in principal of the preliminary
development plan and program shall be limited to
the preliminary acceptabl'ility of the land uses
proposed and their interrelationships and shall
not be construed to endorse precise location of
uses nor engineering feasibility. The Planning
Commission may require the development of other
information than that specified in Section 371.5-
2 (B) to be submitted uith the general development
plan and program. .
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5. The Planning Commission shall review and may
recommend expansion, additions or modifications
in the qualifications of the proposed design
team for the preparation of the general development
plan and. program.
6 . The Planning Commission shall determine the
extent of any additional market analysis to be
included in the general development plan and program.
(B) General Development Plan and Program
1. After receiving approval in principle of
the preliminary plan and program, the applicant
shall have a general development plan and program
prepared by the professional design team having
the qualifications recommended or approved by
the Planning Commission.
2. Upon receipt of the general development plan
and program the Planning Commission may shall
hold a public hearing.
3. The general development plan and program shall
contain the following elements :
(a) Plan Elements
(1) General development plan in conformance
with the approved preliminary plan.
(2) Existing and proposed contour map or
maps of the site to a scale commensurate
with the size of the development.
(3) Location, widths and names of all existing
or platted streets or other public ways, railroad
and utility rights of way, parks, or other
public open spaces and land uses within five
hundred feet (500 ' ) of the boundaries of
the development.
(4) Existing sewers, water mains, and other
underground facilities within and adjacent
to the -development and their certified
capacities.
(5) Proposed sewers or other disposal facilities,
water mains and other underground utilities.
(6) A preliminary subdivision plan if the
property is proposed to be divided.
(7) A land use plan indicating the uses
planned for the development.
(8) Areas proposed to be dedicated or re-
served for interior circulation, public parks,
playgrounds, school sites, public buildings
or other uses dedicated or reserved to the
public_, if any.
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(9) Open space that is -to be maintained
and controlled by the owners of the property
and the proposed uses thereof.
(10) A traffic flow map showing .the circulation
pattern within and adjacent to the proposed
develoiDment.
(11) Location and dimensions of pedestrian
walkways, malls, trails or easements.
(12) Location, arrangement, number and dimensions
of automobile garages and parking spaces.,
width of aisles, bays and angle of parking..
(13) Location, arrangements, and dimensions
of truck loading and unloading spaces .and docks,
if any.
(14) Preliminary architectural plans and
elevations of typical buildings and structures,
indicating the general height,: bulk, appearance
and number of dwelling units. .
(15) A: preliminary tree planting and landscaping
plan including areas of ground cover and approximate
finished grades, slopes, banks and ditches.
All existing trees -over twelve inches (12")
in diameter and troves of trees shall be shown.
Trees to be. removed by development shall be
so marked.
(16) The approximate location, height and
materials of all walls, fences and screen
plantings ,' Elevation drawings of typical
walls and fences shall be included.
(17) .The stages, if any, of the development
construction. Such stages shall be' clearly
marked on .the general development plan.
(b) If the general development plan indicates
that the applicant has chosen to develop
the site in successive stages as authorized
in Section 3-15-3 (H) , the above requirements
11-17 will be tentative as to the subsequent
states but must be met as to each subsequent ..
stage prior to the development of that
stage.
(c) Program Elements
(1) Narrative statement of the goals and
objectives of the planned development.
(2) A 'completed market analysis, if required
by the .Planning Commission.
(3) Evidence of resources available .to
develop the project.
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(4) Tables showing the total number of acres;
the distribution of areas by .use, the per-
centage designated' for each dwelling type,.
off-street parking, streets, parks, playgrounds,
schools and open spaces as shown_ on the pro-
posed development plan.
(5) Tables showing the overall density of
the proposed residential development and
showing density by dwelling types. and any
proposals for the limitation of density. .
(6) . Drafts of appropriate restrictive covenants
and drafts of documents providing for the
maintenance of any common open space, of
required dedications or reservations of public
open spaces and of any dedications of development
rights.
(C) Action and Findings.
. 1. The Planning ..Commission, after public hearing
may, ;by resolution, recommend approval of the
planned unitdevelopment and the general development
plan .and program, -with or without modifications, ,
or may deny the application. A decision to recommend
approval of a planned unit development shall be
based upon :the following findings : - '
(a) That exceptions from the standards of
an. underlying district are warranted by the
design and amenities incorporated in the .
development plan and program.
(b) That the. proposal is in harmony with the
surrounding area or its: potential .future use.
(c) That the system of ownership and the
means of developing,: preserving and maintaining
open spaces .is suitable.
(c1) That- the approval will have a beneficial '
effect on the area which could not. be achieved
under other zoning '_regulations
(e) That the proposed development,: ora unit
thereof', can be Substantially completed within
four (4) years of the approval.
2 . After action by the 'P.lanning'.`Commis sion,
the City Council- shall consider the matter, and,
by resolution, accept or reject it or return it
to the Planning Commission for further action.
(D) Final Plan and Program.
1. Following approval of the planned unit development
by the City Council the applicantshall- prepare
a _final plan and program which shall be submitted
to the Planning Commission to check for compliance
with the approved general development plan and
program. .
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2. If the final plan and program is found to -be
in compliance, it shall be so certified by the
Planning Commission and recorded by the applicant
in the offices of the City Clerk as the final
development plan along with all documents relating
to dedications, improvements, agreements, restrictions
and associations which shall constitute the final
program.
3. All public site dedications, development
rights to open spaces or other dedications for the
entire_ site or approved staged portion shall be '
recorded prior to the issuance of any building
permit, or upon a timetable adopted by the City
Council.
4 . Final copies of .all approved articles governing
operation and maintenance shall be placed on file
with the Planning Commission prior to the issuance
of any building permit, or upon a timetable
adopted by the Planning Commission.
5. The City Council upon recommendation of
the Planning and Zoning Commission that the
Final Plan and Program and all other required
documents have been received and are in compliance
with the ordinances shall approve the Final
Plat and authorize signatures.
Section 6. That Section 3-20-2 of the Village Code of
McCall, Idaho, be and the same is hereby amended to read as
follows:
3-20-2: GENERAL REQUIREMENTS:
(A) No use shall be permitted or authorized to be
established or maintained which is or may become:
1. Hazardous from fire, or cause excessive traffic
generation.
2. Noxious, or cause offensive conditions due to
emission of odor, dust, smoke, cinders, gas,
fumes, noise; vibration, refuse matter or water-
carried wastes.
3. The cause of unhealthy conditions resulting
from improper storage of materials, or impoundment
of waste water, which may attract and aid the
propagation of insects or rodents.
4. Objectionable due to failure to wholly enclose
any unsightly service, processing or storage
operation within' a building or to properly screen
such an operation from the view of an adjoining
residential district.
(B) All development shall:
1. Be designed to take advantage of natural
settings, . preserving natural features such as
streamside environments and vegetation.
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2. Cluster parking where feasible, and minimize
the number and width of driveways and access
roads to avoid tree removal.
3 . Locate parking along sides or in back of
commercial buildings.
4. Minimize signing on street frontage.
5. Have roofing of non-reflective materials.
(C) No parcel shall be created subsequent to the
effective date of -this Ordinance which is occupied by
existing dwelling .units unless the parcel created is
large enough to meet the density and acreage requirements
for such existing dwelling units in the zoning or .use
district in which it is located.
(D) The Planning Commission may require an Environmental
Impact Statement to be submitted prior to the issuance
of any zoning, special use or variance. permit when there
is an operation, material or activity which constitutes
a potential threat to .public health, safety and welfare
or to the quality of the envrionment. When requiring
such a statement the precise nature of the items to
be. included in the Environmental Imapct Statement
shall be indicated.
(E) Animals.
1. Animals considered domestic household pets
such as dogs, . cats, small rodents and birds may
be kept in any zoning district within. .the !City
boundaries, provided such are kept in conformance
with Title V,, Chapter 4 (McCall Leash Law) .
2. Animals such as horses, cows, goats, chickens,.
pigs, sheep or other typically farm animals or
any large or domesticated wild animals shall not
be kept in any residential or commercial district.
3 . Commercial kennels for the keeping of three
(3) or more animals shall be permitted only in
Zone F-Urban Agriculture and Recreation District
and Zone G-Agriculture District.
(F) Public institutions and properties such as State,
County and local ,agencies, which have not been designated
by a particular zone, shall be subject to the regulations
and standards deemed by the Planning Commission to
be appropriate for the particular uses involved. In
addition, all construction on these properties shall
meet the building procedures and standards outlined
in Section 3-22-1 (Permits and Applications, Building
Permit) and Title II, McCall City Code (Building
Regulations) .
Section 7. That Section 3-20-3 of the Village Code
of McCall, Idaho, be and the same is hereby amended to read
as follows :
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3-20-3 : EXCEPTIONS: ,
(A) Any existing legal lot or parcel of record as of
the date of this Ordinance that is smaller than the
required size may be developed for a permitted use
subject to the other requirements of the zone in which
the property is located, except that residential use
shall be limited to a single family dwelling.
(B) The following types of structures or structural
parts are not subject to the building height limitation
of this Ordinance, unless they are located withinthe
approach zones of an airport.:or are meant-:for human
habitation, chimneys, tanks, church spires, belfries,
domes, monuments, fire and hose towers, observation
towers, transmission towers, elevator shafts and other
similar projections.
(C). . cornices, eaves; canopies, gutters, chimneys,
flues and other similar architectural features shall
not project more than twenty four inches (24" ) into
a required yard.
Section 8 . That Section 3-20-4 of the Village Code
-of McCall, Idaho, be and the same is hereby amended to read
as follows :
3-20-4 : OFF.-STREET PARKING:
(A) At the time a new structure is erected or 'enlarged
or the use of an existing structure is changed, off-street
parking. spaces shall be provided as set forth in this.
Section. If parking space. has - been provided in connection
with an existing use or is added to an existing use,
the parking space, shall not be eleiminated if it would
result in less space than is required by this Ordinance.
Fractional -space requirements shall be counted as a
whole space.
(B) At the time a new residential structure. is designed,
space shall be allowed for the addition of covered parking
in the future.
ie+ in eases where the of eff=street pftrk4: g
to meet these net feasfb�e-witi�-the
payee- site or le'eatfen; the app+feant xray be a+lewed
to meet these req;dfrets at any ether leeatfen
wft12'4:n two kand.re,d feet 4-2991} of the pareel where
the ase fs prepes'ed; 15rev4ded that the �e��fsite
sx�be -of-pa ki e spaees -at saeh -1eeatfen are dnder
the eentrel of the app+feant and deveted exe1us4:ve+y
to parking uses fn einneetfen-w4the e1e e4:ep e t
fey wh4:eh the fs x3ade; and prov4:4ed fertAer.;
that reeer ea easement of ether fnterest fs ereated
. fn the +and at seek ether feeat4:en that. assures
permanent use of seeh other leeatfen fey stiek park4:net
p��peses-
(C) For the purpose of this Ordinance, each parking
space shall be measured at a minimum of ni-ne ' (9)
feet by twenty (20)- .feet-.
(D) Driveway connections to public streets shall
conform to standards of design and construction es-
tablished by the City.
(E) Cul-de-sac streets will not be permitted and a
driveway may not serve more than one single family lot
or dwelling- unit or be in excess of one hundred twenty
feet (120 ' ) long.
(F) All proposed private streets shall conform to City
standards for' public . streets specified in Section 3-16-
5 (Subdivision Regulations) .
(G) No residential building may be constructed on a
parcel that is in excess of 'six hundred feet (600 ' ) of
traveling distance from a public thoroughfare, or is in
excess of three hundred feet (300 ' ) of traveling dis-
tance from vehicular access adequate for fire protec-
tion vehicles, refuse collection vehicles, moving vans,
or other standard service vehicles unless said parcel
is located in the Agricultural District or the Urban
Agriculture and Recreation District.
(H.) Parking spaces for other permitted or special uses
not listed in this Section . shall be determined by the
Planning and Zoning Commission.
Section 9. That Section 3-22-1 of the Village Code of
McCall, Idaho, be and the same is hereby amended to read as
follows:
3-22-1: BUILDING PERMIT: No building, residence or
strucutre shall be constructed, improved, extended,
altered' or demolished nor shall the use of any land or ,
structure be substantially changed, except for public
streets or public utility distribution purposes, without
first obtaining a' building permit.
Any improvement or alteration in excess of $150 . 00
value shall require a building permit.
Passed and approved this day of A gust 1981.
f
Ma o
-Attest:
C' y Clerk