HomeMy Public PortalAboutOrd. 864 - Omnibus Code Amendment - Title 3 - CA-08-06&07ORDINANCE NUMBER 864
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING
MCCALL CITY CODE TITLE 3, TO PROVIDE OMNIBUS MINOR UPDATES.
WHEREAS, an application for approval of code amendments, pursuant to MCC 1-1-3, was
submitted by the City of McCall on September 23, 2008; and
WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and
regularly scheduled public hearing on November 4, 2008 to consider this proposed code
amendment; and
WHEREAS, the McCall Area Planning and Zoning Commission recommended this proposed
Code Amendment for approval by the McCall City Council at the November 6, 2008 meeting;
and
WHEREAS, an additional application for approval of code amendments, pursuant to MCC 1-1-
3, was submitted by Council Member Bailey and the City of McCall on October 20, 2008; and
WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and
regularly scheduled public hearing on December 2, 2008 to consider this proposed code
amendment; and
WHEREAS, the McCall Area Planning and Zoning Commission recommended this proposed
Code Amendment for approval by the McCall City Council at the December 2, 2008 meeting;
and
WHEREAS, the combined code amendments would clarify definitions, add residential uses,
clarify residential lot coverage calculations, add maximum residential density to the industrial
zone, rename Chapter 6, introduce sustainable building standards for public projects, adjust Civic
zone setbacks, require proof of stormwater certification, prohibit for sale items in the Scenic
Route, identify compact parking space dimensions, set maximum driveway widths, clarify sign
size calculations, add "Public Service Facility" to use tables, change the approval requirements
for outdoor dining, reinforce language requiring building permits prior to site work, and link
Design Review approval dates to accompanying applications; and
WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on
January 8, 2009 to consider the combined code amendment; and
WHEREAS, the combined code amendments were approved by the McCall City Council at a
regularly scheduled and properly noticed public meeting on February 12, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO, AS FOLLOWS:
Ordinance Number 864: Omnibus Code Amendments Page 1 of 18
February 12, 2009
Section 1: McCall City Code Section 3.2.02 is amended with the following changes:
DWELLING UNIT, ACCESSORY: A dwelling unit that is secondary and incidental to the
principal residence. An accessory dwelling unit may be separate from, or a part of, the principal
residence, and may be used for visitors, guests and family members or as the residence of a
caretaker or other employee who works on the same property. Any inhabitable space that
includes a kitchen is considered a dwelling unit.
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.
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) In -ground 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; and
(D) Docks and retaining walls otherwise permitted by this title.
Section 2: McCall City Code Table 3.3.02 is amended with the following changes:
Allowed Use
Accessory structure, >1,500 square feet
Accessory structure, <_1,500 square feet
Accessory use, residential
Agricultural structure
Agricultural use P
Amusement or recreation facility, indoor (only)
Animal clinic, animal hospital, or veterinary office C C C -
Animals, large or common farm animals
RR RE R1 R4 R8 R16
C C C C l C
iA A A A ll
FP P P P l P
1111111111111111111111111111111111111111111111111
Ordinance Number 864: Omnibus Code Amendments Page 2 of 18
February 12, 2009
Automotive, hobby A A A �TA- - -
Camp — —C C PC-- -
Care center ��rC C C�II C
Cemetery _ I �- X C C�-
Children's treatment facility C C C
Church C C C C
Clinic rC C C C
Club or lodge or social hall C C C
Convenience store C �C C C
Drug and alcohol treatment facility
Dwelling unit, accessory (including guesthouses)
Dwelling, multi -family .....................................................
Dwelling unit, principal (single-family)
Dwelling, rooming house
Dwelling, two-family
Foster home, group
Golf course and country club
Home occupation
------------------------------------
Kennel
Large-scale retail business2
Mortuary
Nursery, wholesale (only)
Nursing facility, skilled
Public parks, recreation areas, easements, trails
Recreational vehicle park
Professional Office
Rental store and storage yard
Restaurant
Restaurant, formula3
Y
C C C
C C C C ��
Ir IP P Ir Ir
C C
C C C C
C C C C
P P P
C
RI-Y-��
C
P - II��
C C C C
�A �A A 1—A---Fok—
C C C C
N C C C C
C C C
C C C C C
A
C
C
C
C
C
C
C
C
C
P
P
C
P
C
C
P
C
A
C
C
C
Retail business
Retail, formula'
Retirement or assisted living home
Roadside produce stand
C
- - _77---
C C orb C C
A A A
m
Ordinance Number 864: Omnibus Code Amendments
February 12, 2009
Page 3 of 18
School, public or private C C C C C
Service retail business C C C
Stable or riding arena, commercial
Storage facility, self-service C C
Storage yard (outdoor) C C -
Temporary living quarters A A A TA —TA— A
Tower or antenna structure FC C C C
Section 3: McCall City Code Section 3.3.03 is amended with the following changes:
Dimensional
Standard
RR
RE
Nominal property size
10.0
acres
5.0
acres
R1
R4
Minimum property size per unit
(square feet)
Street frontage, minimum (in feeiji [- 300
360,000
180,000
200
1.0
acre
40,000
100
4 units/
acre
10,000
R8 R16'
8 units/ 16
acre units/
acre
5,000 [3,500
2,500
75
50 I 25
Setback (in feet) from:
1. Any property line on an arterial or 30
collector street
30
30
25
20
20
2. Front property line on a minor or
private street
25
25
25
20
20
155
3. Front property line where alley
provides access to garage or where
the garage is side loaded
25
20
20
15
15
105
4. Interior side property line2'"
5. Rear property line2,5,9
50
30 �-
3
3
3
50
30 �-
8
8
8
6. Side property line on minor or
private street2'4'5'9
25
25
20
3
3
506
10
Maximum height (in feet)
Minimum distance between
buildings (in feet)'
35
35 35
20
20 20
m,,,
35 35
10 10
3
Ordinance Number 864: Omnibus Code Amendments
February 12, 2009
Page 4 of 18
Section 4: McCall City Code Section 3.3.06 is amended with the following changes:
Building/house footprint 100 percent of footprint area =
Decks, patios, walkways, plazas, etc. 50 percent of covered area = B
Driveways, walls; surface parking, etc. 135 percent of covered area = C
I i Total = A+B+C
Section 5: McCall City Code Section 3.4.02 is amended with the following changes
Allowed Use
NC
CC
CBD
Adult entertainment establishment
-
-
-
Amusement or recreation facility, indoor C
P P
Amusement or recreation facility, outdoor C
C C
Animal boarding with outside runs C
C -
Animal clinic, animal hospital, or veterinary office C
C C
Auction establishment, outdoor
C
C
-
Automobile or recreational vehicle sales or service
(used or new)
-
C
-
Automobile, major repair -
C -
Bank P
P P
Bar, brewpub, or nightclub C
P P
Boardinu house C
C C
Camp -
C -
Car wash C
C -
Care center C
C C
Cemetery C
C -
Church C
C C
Clinic, medical (excluding animal or veterinary) P
P P
Club or lodge or social hall C
C C5
Contractor's yard or shop -
C 1 -
0
Convention facility
Crematory
Drive -up window service
C
C
C
Ordinance Number 864: Omnibus Code Amendments
February 12, 2009
Page 5 of 18
Dry cleaning facility
Dwelling, accessory
C
C
A
A
A
Dwelling, multi -family
Dwelling, single-family
Farm, garden, lumber, or building supply store
Hotel or motel
Kennel, commercial
C
C
C
P
C
C
P
P
C
C
Large scale retail business4
Laundromat
Mixed usel
Mortuary
Nursery, retail (only)
P P C
Use procedure of most restrictive
use
P
P
P
P
P
Nursing facility, skilled
C
C
Off street parking facility when not accessory
Office, temporary construction
Package and letter delivery service
C
P
C
A
A
A
C
P
P
Personal, business, or professional service or small
business
Portable classroom
Professional offices
P
P
P
A
Public Service Facility
P
P
P5
C
C
A
Public or quasi -public use, except:
Public parks, recreations areas or easements, and trails
Radio and television broadcasting station
C
C
C
P
P
P
C
P
C
Recreational facility, indoor
Recreational vehicle park
C
P
C
C
C
Recycling center
Research and development facility
Residential care facility
P
P
C5
C
C
C
Restaurant
P
Restaurant, formula6
Retail, formula
P P
P P
P
Retail sales relating to an approved use
A I A
Ordinance Number 864: Omnibus Code Amendments Page 6 of 18
February 12, 2009
Retirement or assisted living home
C
C
C
Rental or retail store with outdoor storage or display
yard
C
C
Rental or retail store without outdoor storage or
display yard
School, public or private
School, vocational or trade
Service retail business
Service station
P
P
P
C
C
C
P
C
C
C
C
C
C
Storage facility, self-service
C
Storage yard (outdoor)
Studio (music, art, dance or similar studio)
Swimming pool, private
Theater
C
P
P
P
A
A
A
C
P
P
Tower or antenna structure, commercial
C
C
C
Tower or antenna structure, private
A
A
C
Transit facility (e.g., bus stop, bus shelter, transit
center)
A
A
A
Truck stop
Section 6: McCall City Code Section 3.4.04 is amended with the following changes:
(C) Outdoor Eating and Seating: Outdoor and/or sidewalk eating and seating provisions may be
permitted with a conditional use permit administratively approved, subject to the review of
an applicant's plan for outdoor seating. The submitted plan must include:
1. Hours of operation for outdoor seating versus indoor seating
2. Location of outdoor seating facilities during and outside of business hours
3. Necessary food and alcohol permits for outdoor operation
4. Plans for waste abatement
5. Letter of agreement to the conditions outlined in the outdoor seating plan
Section 7: McCall City Code Section 3.5.01 is amended to read as follows:
3.5.01: PURPOSE:
Ordinance Number 864: Omnibus Code Amendments Page 7 of 18
February 12, 2009
The McCall area comprehensive plan identifies the importance of a variety of land uses
including industrial areas. It is the purpose of this chapter to implement the plan's vision through
development regulations that permit industrial uses that will support a growing economy and yet
are not detrimental to any abutting uses. Furthermore, industrial activities shall not interfere with
the operation of the airport or any transportation facility. The Industrial zone allows residential
uses at a maximum of forty (40) dwelling units per acre.
Section 8: McCall City Code Title 3, Chapter 6 Title is amended to read as follows:
Chapter 6
OPEN SPACE AND PUBLIC ZONES AND STANDARDS CIVIC, AIRPORT AND
AGRICULTURE/FOREST ZONE
Section 9: McCall City Code Table 3.6.02 is amended to read as follows:
Allowed Use
Accessory structure, >1,500 square feet
Agricultural service establishment
Agricultural structure
Agricultural use
Airport (public ownership)
Assembly plant (light manufacturing)
Camp
Cemetery
Church
AF CV
A A
�C �-
�1 -
C -
AP
A
P
C
P
C
C C
Club or lodge or social hall C C
College or university - C
Conference or convention center C C
Dwelling, caretaker for an approved use A A
Dwelling unitl - C
C P
C C
Dwelling, single-family detached
Golf course and country club
Hospital or clinic
Hotel, motel, lodge
C A
C C
C
C
Ordinance Number 864: Omnibus Code Amendments
February 12, 2009
Page 8 of 18
Kennel
Large scale retail business3
Livestock facility, <300 AU
Manufacturing facility (light) - C
Mixed use4s
Mortuary
Museum
Nursery, wholesale (only)
Nursing facility, spilled
- C
C A
�C u C
Ir
- 1 A
Office building or use, relating to an approved development
Office, temporary construction FA —FA --
Storage building and yard 17-17—
C
A
C
Public Service Facility
Park, public
Pit, mine, or quarry
Portable classroom
Post office or mail delivery service
C
C P
NC N-
A A
- A
Power plant C C
Professional offices orbuildings - A
Public or quasi -public use �C P
Research and development facility C
Restaurant C
Restaurant, formula6 r C
Retail, formula' r C
Roadside produce stand _._._._._._._._._._._._._._._._._._._ FA- A
Sanitary landfill, restricted C A
School, public or private, including vocational C C
Soil or water remediation C
Stable or riding school, commercial C C
Swimming pool, private or public A A
Temporary living quarters N A N A
Tower or antenna structure, commercial C C
Tower or antenna structure, private
Warehousing facility
A A C
C
Ordinance Number 864: Omnibus Code Amendments Page 9 of 18
February 12, 2009
Winery
Section 10: McCall City Code Section 3.6.03 and Table 3.6.03 are amended to read as follows:
3.6.03: PUBLIC ZONE 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 in this section lists the site development 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
Minimum property size kl0 acres 3,000 square 10,000 square
feet I feet
Minimum street frontage (in feet) n/a 50 ° 75
Minimum setback from (in feet):
(For scenic routes, see note 1.)
1. Arterial, collector, or section line
street
2. Other roadway
3. Property line not fronting a
roadway
30
25
50
35
50
20
50
50
10
Maximum coverage (in percent)
5
80
50
Maximum height4 (in feet)
Minimum property width (in feet)
35
50
60
JEW
100 30
75
Ordinance Number 864: Omnibus Code Amendments Page 10 of 18
February 12, 2009
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.
Section 11: McCall City Code Section 3.7.023.B is amended to read as follows:
(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 title III 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.
6. Proof of stormwater certification training has been provided by the individual applying
for the building permit.
Ordinance Number 864: Omnibus Code Amendments Page 11 of 18
February 12, 2009
Section 12: McCall City Code Section 3.7.023.C.3.c is amended to read:
(c) All structures other than those addressed by subsection (C)4 and 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 MCC 3.2.02). Fencing shall not extend below such 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.
Section 13: McCall City Code Section 3.7.032 is amended to read:
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 to the commission for approval of a site plan. Procedures for the processing of the
application shall be governed by the procedural rules set out in subsection (H) of this section. 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 in accordance with chapter
16 of this title.
(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
Ordinance Number 864: Omnibus Code Amendments Page 12 of 18
February 12, 2009
within any residential zone, commercial zone, airport (AP) zone, 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:
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 timber 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 re -subdivisions 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.
Ordinance Number 864: Omnibus Code Amendments Page 13 of 18
February 12, 2009
(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 (see the "McCall Bike Path Master
Plan, 2005") 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 plan 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 impacts.
(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.
Procedural Rules:
1. If the construction relates to a commercial, industrial, or mixed used building, or the
enlargement of an existing such building; or to a new or enlarged residential building
of three thousand five hundred (3,500) square feet, or more the process shall include a
neighborhood meeting, pre -application meeting, and a public hearing before the
Commission.
2. If the construction relates to exterior remodeling (including painting, roofing, siding,
landscaping, etc.) the process shall include the submission of an application, without
a fee, and be subject to administrative approval, based upon the Design Guidelines.
3. Exceptions in the opinion of the administrator. Scenic route approval will not be
required for the following building or site modifications (although a building permit
may be required):
(a) Interior remodeling of a structure which does not impact the exterior appearance
of the structure or significantly impact the parking, landscaping or other exterior
uses of the property.
(b) Repairs to an existing building if the outward appearance is not significantly
changed.
(c) Improvements to or maintenance of an existing building or site where these do
not significantly impact the outward appearance of the building or site.
4. No approval by council is required unless there is an appeal to the council from the
decision of the commission.
Ordinance Number 864: Omnibus Code Amendments Page 14 of 18
February 12, 2009
Section 14: McCall City Code Section 3.8.01 is amended with the following changes:
(.1) A written construction plan shall be prepared and submitted for approval by the Public
Works Director and Community Development Director for large projects, as determined
by the Administrator, or the Building Official for single- or two-family dwelling units;
see Title 9, Chapter 6, Section 9.6.08.
Section 15: McCall City Code Section 3.8.02 is amended with the following changes:
(G) Until a valid building permit has been issued by the City of McCall, no construction work,
including grading, blasting, filling, trenching, tree removal, etc. may be started, except as
permitted in Section 3.8.03.
Section 16: McCall City Code Section 3.8.062.A is amended to read:
(A) Dimensions:
If parking is at: 45 Degrees 60 Degrees 90 Degrees Parallel
Y V
Then the:
Width of parking' 13 feet
Length of parking p 5 feet
space
r 10 feet
18 feet
Shall be:
9 feet 9 feet
2018 feet2 23 feet
Width of driveway
aisle
Notes:
13 feet
111111111111111111111111
17 feet
2520 feet 12 feet
1. Width is measured parallel to the sidewalk or paved street surface.
2. Compact parking spaces shall be 8 feet wide by 16 feet in length.
Section 17: McCall City Code Section 3.8.064 is amended to read:
3.8.064: DRIVEWAYS:
Ordinance Number 864: Omnibus Code Amendments Page 15 of 18
February 12, 2009
(A) The minimum driveway width in the commercial, industrial, and civic use zones shall be
twenty feet (20') for two-way traffic and fourteen feet (14') if there is one-way traffic. For
residential driveways, refer to section 9.6.03 of this code.
(B) Drive -up and drive -through uses and their queuing areas shall be oriented away from street
rights of way and away from residential districts. There shall be no such uses in the NC or
CBD zones (except those which already exist). All such uses otherwise require a CUP; see
chapter 13 of this title.
(C) Maximum driveway width in the commercial and civic zones shall not exceed thirty feet
(30') for two-way traffic or seventeen feet (17') for one-way traffic. Exceptions may be
granted with sufficient proof that maximums are not appropriate in the specific location.
Section 18: McCall City Code Section 3.9.03.A is amended to read as follows:
3.9.03: SIGN STANDARDS BY ZONE:
(A) General Standards Applicable To All Zones:
1. The following sign standards by zone are intended to include every zone in the planning
jurisdiction. The zones are as defined by this title. Only signs as described herein and as
may be described under section 3.9.04, "Temporary Signs" and 3.9.05, "Exempt Signs",
of this chapter, will be permitted in each particular zone. The area of a sign shall be
computed; if a sign includes silhouette designs or letters, whether cut out of the interior of
a background, or projecting beyond the edges of a background, or freestanding, the area
of the sign shall be computed to include the square footage of a rectangle that would
enclose such designs. For example, should a sign that is attached flat against a building
that is three feet (3') on a side (9 square feet) have a pine tree silhouette attached to and
extending above it, such tree being one foot (1') wide at the widest and two feet (2') tall,
then the one foot by two foot (1' x 2') rectangle which could enclose that tree shall be
added to the nine (9) square feet of the rest of the sign of which it is a part for a total of
eleven (11) square feet, notwithstanding that some of that area in fact includes space
around the tree. Additionally, in calculating the size of a two-sided sign, only one side is
counted.
Section 19: McCall City Code Section 3.13.03 is amended with the following changes:
(B) Findings For Granting Permit: A conditional use permit shall be granted only if the
commission fords that the use, as applied for, in fact will:
1. Constitute a conditional use authorized in the zone involved.
Ordinance Number 864: Omnibus Code Amendments Page 16 of 18
February 12, 2009
2. Be harmonious with and in accord with the general objectives and with any specific
objectives of the comprehensive plan and/or this title.
3. Be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or likely character of the neighborhood, and that such use
will not change the essential character of the surrounding area.
4. Not be detrimental to the health, safety and general welfare of persons residing or
working in the neighborhood of such proposed use.
5. Not cause any substantially harmful environmental consequences to any land or waters
within the planning jurisdiction.
6. Not create excessive additional public cost for public facilities and services, and will not
be detrimental to the economic welfare of the community.
7. Be served adequately by essential public facilities and services including highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer,
and schools. The applicant may be required, as a condition of approval, to mitigate any
deficient public service.
8. Not involve uses, activities, processes, materials, equipment or conditions of operation
that will cause unreasonable production of traffic, noise, smoke, fumes, glare, odors or
other forms of pollution.
9. Have vehicular approaches to the property so designed as not to create a detrimental
interference with traffic on surrounding public or private thoroughfares, or adversely
affect the pedestrian environment.
10.Not result in the destruction, loss or damage of an important natural, scenic or historic
feature.
11.Be on a site of sufficient size to accommodate the proposed use, including the yards,
open spaces, snow storage, walls, fences, parking areas, loading zones and design
standards applicable.
12.Have a minimal negative economic impact on the neighborhood or surrounding
community.
Section 20: McCall City Code Section 3.16.03.A is amended to read as follows:
(A) Authority Of of the Administrator: The administrator Administrator has the authority to
recommend for approval or denial for applications for design review applications that the
administrator Administrator determines will have no substantial impact on adjacent
properties or on the community at large, subject to final approval or denial by the
commission on its consent agenda. Applications reviewed by the administrator Administrator
and placed on the consent agenda may include, but are not limited to: building heights less
than thirty feet (30') in any residential zone, additions under five hundred (500) square feet,
Ordinance Number 864: Omnibus Code Amendments Page 17 of 18
February 12, 2009
facade and exterior finish changes, changes to the color and type of roofing materials, and
signs.
The ackfiffistr-ater's Administrator's recommendation for approval or denial shall specify: the
ordinance and standards used in evaluating the application; the reasons for the approval or
denial; and recommended conditions, if any. Any commissioner may cause any application
on the consent agenda to be moved to the regular agenda in order to have a full public
hearing of potential impacts of the application.
Section 21: McCall City Code Section 3.16.08 is amended to read as follows:
3.16.08: LAPSE OF DESIGN REVIEW APPROVAL:
A design review approval shall lapse and become void whenever the building permit either
lapses or is revoked, or whenever the applicant has not applied for a building permit within one
year from the date of initial design review approval. The approval date for Design Review
applications accompanying other applications requiring Council approval shall be the same as
the Council approval date of the accompanying application(s).
Section 22: This Ordinance shall take effect immediately upon its passage and approval.
PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 12 DAY OF
FEBRUARY, 2009.
APPROVED BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS 12 DAY OF
FEBRUARY, 2009.
Approved:
By
B rt Kulesza, M. yor
Attest:
By
BessieJo Wag r , City C
Ordinance Number 864: Omnibus Code Amendments
February 12, 2009
Page 18 of 18
A SUMMARY OF ORDINANCE NO. 864
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
AMENDING McCALL CITY CODE TITLE 3, TO PROVIDE OMNIBUS MINOR
UPDATES; AND TO PROVIDE FOR AN EFFECTIVE DATE.
This ordinance amends Title 3 of the McCall City Code, the Zoning Code, by clarifying,
changing, and adding new provisions to the below sections:
3.2.02: the Definitions section is amended by specifying that an accessory dwelling unit includes
any inhabitable space that includes a kitchen. Vending Service Retail is added to the definition
of Retail, Formula. The definition of Structure is expanded to provide that walls not more than
30" in height are not considered structures for the purposes of determining setbacks from lot
lines.
3.3.02: the Table is amended to provide that accessory dwelling units, including guest houses,
are conditional uses in all zones, and professional offices are conditional uses in all zones.
3.3.03: is amended to provide that the minimum property size per unit in an R-16 zone is 2,500
sq. ft. per unit.
3.3.06: is amended to delete the requirement that walkways be included in the computation of
covered areas.
3.4.02: is amended to provide that public service facilities are conditional uses in neighborhood
commercial and community commercial districts but are allowed uses in the Central Business
District.
3.4.04: is amended to provide that outdoor eating and seating areas can be administratively
approved, if the applicant submits a plan, which includes hours of operation for the outdoor
seating, the location of the outdoor seating, proof of necessary food and alcohol permits, plans
for waste abatement, and the applicant agrees to the conditions imposed by the city regarding the
outdoor seating plan.
3.5.01: is amended to provide that residential uses within the Industrial Zone are at a maximum
of 40 dwelling units per acre.
Title 3, Chapter 6 is re -titled CIVIC, AIRPORT AND AGRICULTURE/FOREST ZONE.
3.6.02: is amended to provide that public service facilities are conditional uses in the
agriculture/forest, civic, and airport zones.
Ordinance Summary 864
February 26, 2009 Page 1 of 3
3.6.03 and TABLE 3.6.03: are amended to provide that city projects are to be built to sustainable
construction standards as defined by City Council Resolution. Within the Civic Zone, the
minimum setbacks from arterial, collector, and section line streets, other roadways, and property
lines not fronting a roadway, are changed from five feet to zero feet.
3.7.023.B: is amended by providing that proof of storm water certification training is required for
individuals applying for a building permit.
3.7.023.C.3.c: is amended to clarify what structures are allowed within 50' from the stream high
water mark.
3.7.032: is amended to provide clarification that timber harvests are limited to dead, dying, or
damages trees. Along the scenic route, new restrictions are placed upon displaying vehicles and
other personal property for sale outside of a building by someone other than an authorized dealer,
or the owner or occupant of the property.
3.8.01: is amended by adding a new subsection which requires a written construction plan before
large projects, including single or two-family dwelling units, as determined by the administrator.
3.8.02: is amended by adding a new subsection which provides that construction work, including
grading, blasting, filling, trenching, tree removal, etc. may only begin upon issuance of a valid
building permit, or as provided in section 3.8.03.
3.8.062.A: Dimensions for parking spaces is amended to provide that 90 degree diagonal parking
spaces shall be 18' by 20', and compact parking spaces shall be 8' wide by 16' in length.
3.8.064: is amended to provide that the maximum driveway width in commercial and civic zones
shall not exceed 30' for two-way traffic or 17' for one-way traffic, subject to certain exceptions.
3.9.03.A: is amended to provide that when calculating the size of a two-sided sign, that only one
side is counted in determining whether the sign exceeds the maximum sign area.
3.16.03.A.: is amended to clarify the authority of the administrator.
3.16.08: is amended to provide that for the purpose of determining whether a Design Review
approval has lapsed, the approval date for the Design Review Application shall be the same as
the Council approval date of any accompanying applications to which the Design Review
Application is related.
The Ordinance shall be effective upon its passage, approval and publication as required by law.
Ordinance Summary 864
February 26, 2009 Page 2 of 3
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 26 DAY OF
FEBRUARY, 2009.
Approved:
By
ATTEST:
By
BessieJo Wagner4 ity Clerk
BeKulesza, Mayor
Ordinance Summary 864
February 26, 2009 Page 3 of 3
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 864
Certification of City Legal Advisor
of the Summary prepared
for the above -numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above -
numbered Ordinance and the Summary for the above -numbered Ordinance, believes the
Summary of the above -numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this �*day of 2009.
William F. Nichols
msgW: Mork\M \McCall, City of 21684\2009 Ordinances & Sum OrthAttomey Summary Certifications\Attorney Summary Certification Title 3 No 864.doc