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HomeMy Public PortalAboutOrd. 437 - Chapter 13 of Title 3 (Repeal, Amend and Add)3-13-4: REQUIREMENTS --/RDEVELOPMENT continued 1. No contruction, 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 2. Docks 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. Bred:water 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 approvedsby the Commission and deemed as beneficial to the public and the environmental qualities of the shoreline. c. Be constructed of native rock and/or concrete. d. Not be painted. c. 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 3-13-2: 1. No structure shall occupy more than seventy (70) percent of of the lot width, to be measured parallel to the shoreline at the fifty (50) foot setback line from the Lake or River. Decks and other structures, if no higher than six (6) feet from ground level, may be constructed within the other thirty (30) percent, maintaining at least a minimum of 71/2 foot or one half (1/2) the total height of the highest building wall from the ground level nearest the property line, whichever is greater, side property line setback. No future alterations shall be permitted which would intrude into the thirty (30) percent set- back spaces unless kept to this maximum height. This particular percentage shall not apply whenever: a. Any lot is narrower than fifty (50) feet; in which case a 71/2 foot, or one half (1/2) height, whichever is greater, side property line setback, on each side of the structure shall he required, or b. 'Any lot is greater than one hundred (100) feet in width; in which case the allowable coverage percentage of seventy (70) feet shall decrease five (5) percent for every addi- tional twenty-five (25) feet over one hundred (100), with no lot width coverage less than 50%. ' 2. No structure other than fencing shall be located any closer than 71/2 feet from any side property line. 3. If no other buildings exist 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 structures to the River or Lake. 4. Multi -family developments and any accessory structures higher than six (6) fe% 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. 5. Any structure or alteration made in a commercial district on the lake shall be set back from Payette Lake the same distance as the existing structure or existing structures on the imme- diately 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 from parking areas designed to accomodate more than three (3) cars shall be subject to the ap- proval of the Commission. 8. Exterior building materials shall not create an offensive con- trast with the natural surroundings or any kind of glare-, earth - toned colors are recommended. 9. The planned removal of any trees on a lot or parcel which is having a now structure constructed upon it shall require the approval of the Planning and Zoning Commission. No vegetation shall be removed unnecessarily, unless it is to be replaced with new plant materials or opens up a view of the lake or river. Complete removal of all trees on the waterfront side of a struc- ture shall not be permitted. 10. No waterfront property which is presently zoned for recreation or open space may be rezoned for other development. 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 -Hallo Star News. Passed and approved this Attest: Mar Fogg, City Cle day of 4 , 1981 Mcc471 727 Ey aye ORDINANCE NO. oi AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO ZONING; REPEALING CHAPTER 13 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 13 ENTITLED SHORELINE AND RIVER ENVIRONS DISTRICT; PROVIDING A STATEMENr" OF PURPOSE; DESCRIBING LANDS INCLUDED THEREIN; DEFINING PERMITTED USES; PROVIDING REQUIREMENTS FOR DEVELOPMENT; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICE HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Chapter 13 of Title 3 of the Village Code of McCall, Idaho, is hereby repealed Section 2. That Title 3 of the Village Code of McCall be and the same hereby is amended by the addition thereto of a new chapter, to be known and designated as Chapter 13 of Title 3 of the Village Code of McCall, Idaho, and to read as follows: CHAPTER 13 ZONE "I" SHORELINE AND RIVER ENVIRONS DISTRICT (OVERLAY) SECTION: 3-13-1: PURPOSE 3-13-2: LANDS INCLUDED 3-13-3: PERMITTED USES 3-13-4: REQUIREMENTS FOR DEVELOPMENT 3-13-1: 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 scenic resources of particular value to the public and to prevent a "wall-to-wall" appearance., by protecting open space between structures. 3-13-2: LANDS INCLUDED: (A) From the low water mark to the nearest frontage road, but not more than three hundred (300) feet, except on lots fronting East Lake Street, where it shall be to Mill Road, but not more than three hundred (300) feet. From the Payette River to the back property line (that which is farthest from the river) of all waterfront lots or parcels on Payette River. (B) 3-13-3: PERMITTED USES: All those uses permitted in the Use Districts upon which the shoreline District is superimposed ehi1 1 he permitted pro- vided they I; the !q,cci:Al cnnditiow; !:ct Forth clewhere in thin Chanter except that: (A) Open storage of anything but firewood or recreational equipment on the lakefront side of a residence shall not be permitted. (B) No public or commercial marinas, docks and piers shall be per- mitted unless there is a demonstratable public need for such facilities. (C) No building shall be permitted within a designated U. S. Geologi- cal Survey flood prone arca unless property owners are aware of the flooding possibilities and have taken the proper precautions in their building and landscaping plans. 3-13-4: REQUIREMENTS FOR DEVELOPMENT: No special use or.building permit shall be issued, nor shall any use requiring the development, grading or alteration of any porton of this District be permitted, unless the applicant established 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: