HomeMy Public PortalAboutOrd. 391 - Area of Impact Zoning Ordinance,\
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McCALL AREA CITY OF IMPACT ZONING ORDINANCE
ORDINANCE NO. 391
An ordinance concerning the McCall Area of City Impact;
providing a zoning ordinance therefor; establishing zoning
districts; adopting a zoning map; providing definitions;
providing purposes, permitted uses, special uses, conditions
of use and development standards for such zoning districts;
providing for mobile home subdivisions and travel trailer
courts and parks; adopting the Valley County Subdivision
Regulations as amended; providing for planned unit developments;
regulating signs; providing supplementary regulations; pro-
viding for non -conforming uses; providing for building
permits, and application and procedures therefor; providing
for variances; providing procedure, appeals and action by
affected persons; providing for amendments; providing for
enforcement of the zoning ordinance; defining unlawful acts;
providing penalties; and providing for severability.
WHEREAS, pursuant to an Alternative Writ of Mandate
dated September 6, 1979, issued by the District Court of the
Fourth Judicial District of the State of Idaho in and for
the County of Valley in Case No. 2368, which among other
things, commanded the Board of County Commissioners of
Valley County, Idaho, and the Mayor and Council of the City
of McCall, Idaho, to forthwith adopt an ordinance providing
for application of plans and ordinances to the Area of City
Impact for the City of McCall, Idaho, and,
WHEREAS, pursuant to the provisions of Section 67-
6526(b), Idaho Code, the County Commissioners of Valley
County, Idaho, and three (3) elected city officials of the
City of McCall, Idaho, designated by the Mayor and confirmed
by the City Council selected three (3) city and county
residents and such nine persons by majority vote recommended
to the city and county governing boards, an Area of City
Impact together with a mutually agreed upon plan and ordinance
requirements therefor.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council
of the City of McCall, Idaho, as follows:
CHAPTER 1
ZONING ORDINANCE
SECTION:
1-1: Purpose of Ordinance
1-2: Establishment of Zoning Districts
1-3: Severability
1-4: Application of Regulations
1-5: Conflicting provisions
1-1: PURPOSE OF ORDINANCE: This ordinance shall be known and
may be cited and referred to as the "Zoning Ordinance for
the McCall Area of City Impact". This Ordinance is designed and
enacted in accordance with Article 12, Section 2, of the Consti-
tution of Idaho and Title 67, Chapter 65, of the Idaho Code which
empowers the County to enact a zoning ordinance and to provide
for its administration, enforcement and amendment. It is hereby
adopted:
(A) To maintain and promote the small town character and attrac-
tion of the City of McCall and the natural beauty of the
surrounding lands and lake shore present and future for resi-
dents and visitors.
(B) To insure that all physical growth is carried out in an or-
derly way and in sensitive relation to the landscape, ecology,
and existing urban character of the McCall Area.
(C) To regulate the use of buildings, structures and land for
different purposes and to regulate the location, height, bulk
and size of buildings and structures.
(D) To implement the intent and purposes of the adopted General
Plan.
(E) To facilitate the adequate provision of public services and
to promote and protect the health, safety and welfare of all
residents and visitors.
1-2: ESTABLISHMENT OF ZONING DISTRICTS: In order to carry out
the provisions of this Ordinance, the area of McCall City
Impact is hereby divided into the following categories of Major
Use Districts and Special Districts:
Zone
Zone
Zone
Zone
Zone
Zone
Zone
"A"
"B"
"C"
"E"
"F"
- Low Density Residential
- Medium Density Residential
- Commercial District
- Industrial District
- Agricultural District
- Shore Line and River Environs District (Overlay)
- Scenic Route District (Overlay)
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1-2j SEVERABILITY: If any section or part of a section, clause
or provision of this Ordinance be declared by the Court to
be invalid, the same shall not affect the validity of the Ordinance
as a whole or any part thereof other than the part so declared
invalid.
1-4: APPLICATION OF REGULATIONS:
(a) In administering and applying the provisions of this Ordinance,
unless otherwise stated, they shall be held to be the minimum
requirements necessary to accomplish the purpose of this Ord-
inance.
(B) Except as herein specified, no land, building, structure or
premises shall hereafter be used, and no building or part
thereof, or other structures, shall be located, erected, moved,
reconstructed, extended, enlarged or altered except in con-
formity with the requirements herein specified for the district
in which it is located; nor shall any yard, lot or open space
be reduced in dimensions or area to an amount less than the
minimum requirements set forth herein.
(C) It shall be unlawful hereafter to commence construction of
any building or structure, or to occupy said building or
structure, until a Building Permit has been obtained as pro-
vided in Section 18-2, (Permits and Applications).
1-5: CONFLICTING PROVISIONS: In the case of a conflict between
the provisions of various sections of the text of this
Ordinance, the more stringent provisions shall prevail.
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1. 4
CHAPTER 2
ZONING MAP
SECTION:
2-1: Zoning Map
2-2: Interpretation of Boundaries
2-1: ZONING MAP: The boundaries of the zoning districts and
special districts are hereby established as shown on the
zoning map of the McCall Area of City Impact, which map or maps
are hereby made a part of this Ordinance, up-to-date copies of
which shall be placed and remain on file in the office of the
County Clerk. Copies of which are open for public inspection.
2-2: INTERPRETATION OF BOUNDARIES: Where uncertainties exist
as to the boundaries of any zoning district as shown upon
the zoning maps the following rules shall apply:
(A) Boundaries indicated as approximately following the center
lines of streets, highways, or alleys shall be construed
to follow such center lines.
(B) Boundaries indicated as approximately following plotted
lot lines shall be construed as following such lot lines.
(C) Boundaries indicated as approximately following jurisdic-
tional limits shall be construed as following such limits.
(D) District boundary lines indicated as following railroad
lines shall be construed to be midway between the main tracks.
(E) District boundary lines indicated as following shoreline
shall be construed to follow such shorelines, and in the
event of change in the shoreline shall be construed as
moving with the actual shoreline boundaries indicated as
approximately following the center lines of streams, rivers,
canals, or other bodies of water, shall be construed to
follow such center lines.
(F) Where a district boundary line divides a lot which was in
single ownership and of record at the time of enactment of
this Ordinance, the Planning Commission may permit the ex-
tension of the regulations for either portion of the lot
not to exceed 50 feet from said district boundary line.
The use so extended shall be deemed to be conforming.
CHAPTER 3
DEFINITIONS
SECTION:
3-1: Definitions
3-1: DEFINITIONS: Words not defined herein shall be given the
meaning ordinarily applied to such words as used in Zoning
terminology.
Accessory Building, Structure of Use
A building, structure or use on the same lot with, and of a
nature customarily incidental, appropriate and subordinate to the
principal use of an area, lot, building or structure.
Building Permit
Written approval from Valley County authorizing the construc-
tion, improvement, extension, alteration or demolition of any
building, residence or structure. In addition, building permits
shall apply to the change of use of structures and parcels or pro-
perty except for public street or public utility distribution pur-
poses. Such permits shall be issued only if the project conforms
to all of the applicable Impact Area standards specified in the
building regulations and zoning regulations. Building permits
shall be issued by the County Assessor.
Density
A unit of measurement: the number of dwelling units per acre
of land.
(a) Gross Density - the number of dwelling units per acre
of total land to be developed, including public right-
of-way.
(b) Net Density - the number of dwelling units per acre of
land when the acreage involved includes only the land
devoted to residential uses, excluding public right-
of-way.
Domestic Agriculture
The use of land for the growing of lawns, horticulture,
floriculture, viticulture, nurseries, fruit trees, berry bushes
and livestock for the use of the family residing on the premises.
Height, Building
The vertical
proposed finished
point on the roof
roofs, the top of
and shed roofs.
distance measured from the elevation of the
grade, from the lowest point to the highest
for flat roofs, to the deckline of mansard
the highest point for gable, hip, gambrel
Height, Fence or Screen
The vertical distance measured from the ground level to
the top of the fence. For the purpose of applying height re-
gulations, the average height of the fence along any unbroken
run may be used provided the height at any point is not more
than ten (10) percent greater than that normally permitted.
Home Occupation
An occupation conducted within a dwelling unit which acti-
vity is clearly incidental to the use of said residence as a
dwelling and does not change the residential character thereof,
is conducted in such a manner as to not give any outward appear-
ance nor manifest any characteristic of a business in the ordin-
ary meaning of the term, and does not infringe upon the right of
neighboring residents to enjoy a peaceful occupancy of their
homes for which purpose the residential zone was created and
primarily intended. An occupation which does not comply with
the following criteria shall not be deemed a home occupation.
(a) The use, including all storage space, shall not
occupy more than fifty (50) percent of the residence's
floor area which is finished for living purposes.
(b) There shall be no commercial advertising, except one (1)
nonluminous sign bearing the name and occupation of
the resident not exceeding two (2) square feet in area
and placed flat against the building may be permitted.
(c) No materials or mechanical equipment shall be used
which will be detrimental to the residential use of
said residence or surrounding residences because of
vibration, noise, dust, smoke, odor, interference with
radio or television reception or other factors.
(d) Materials or commodities delivered to or from the
residence which are of such bulk or quantity as to
require delivery by a commercial motor vehicle or a
trailer, or the parking of customer's automobiles in
a manner or frequency causing disturbance or incon-
venience to nearby residents or so as to necessitate
a public parking lot shall be primavacie evidence that
the occupation is a primary business, and not a home
occupation.
Lot coverage
The ratio of enclosed ground floor area of all buildings on
a lot to the horizontally projected area of the lot, expressed
as a percentage.
Overlay
Where characteristics of the land or the type of development
proposed for the land require special considerations, additional
regulations are applied in conjunction with the regulations of
the underlying zoning district. In cases of conflicts, the regu-
lations of the overlay district shall prevail. Overlays in this
ordinance include:
Zone "F" - Shore Line and River Environs District, Chp 9
Zone "G" - Scenic Route District, Chp 10
Planned Unit Development, Chp 13
Parking Space
A space designed for the parking of automobiles. Minimum
dimensions for such a space shall be obtained from the City
Engineer.
Private Street
A roadway providing access to two or more property owners
and not dedicated to the public. The right-of-way width of
private streets shall conform to subdivision regulations.
School
An institution providing full-time day instruction which
is accredited by and meets the requirements of the Idaho State
Board of Education, including nursery schools or kindergartens
whose annual session does not exceed the school sessions for
full-time day schools.
Setback Line
A line established by the Zoning Ordinance, generally
parallel with and measured from the lot line, defining the limits
of a yard in which no building or structure may be located above
ground except as may be provided in said code. Setback lines
shall be measured from the appropriate property line to the outer-
most protrusion of the building such as the roof drip line, eaves
or deck.
Special Use Permit
A permit issued under the definite procedure provided in this
Ordinance allowing a certain use which is conditionally permitted
for the particular district.
Story
That portion of a building included between the surface
of any floor and the surface of the floor next above it, or if
there be no floor above it, then the surface between such floor
and the ceiling next above.
Structural Alteration
Any change in the supporting members of a building, such as
in a bearing wall, column, beam or girder, floor or ceiling joist,
roof rafters, roof diaphragms, foundation, piles or retaining
walls or similar components or changes in roof or exterior lines.
Structures
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a fixed
location on the ground. Structures include buildings, mobile
homes, walls, fences and billboards or other obstructions over
four feet (4) in height.
Subdivider
A subdivider shall be deemed to be the individual, firm,
corporation, partnership, association, syndicate, trust or
other legal entity that executes the application and initiates
proceedings for the subdivision of land in accordance with the
provisions of this ordinance. The subdivider need not be the
owner of the property; however, he shall be an agent of the owner
or have sufficient proprietory rights in the property to repre-
sent the owner.
CHAPTER 4
ZONE "A"
LOW DENSITY RESIDENTIAL
SECTION:
T
4-1: Purposes
4-2: Permitted Uses
4-3: Special Uses
4-4: Conditions of Use
4-5: Development Standards for Residential Structures and Lots
4-6: Application of Desnity and Development Standards
4-1: PURPOSES: In furtherance of the provisions of section
1-1 (Zoning Ordinance):
(A) To establish standards governing the development, construc-
tion and use of housing and the residential environment in
urbanized or partially urbanized areas of the McCall Area
of City Impact.
(B) To provide and protect residential lands for conventional
single-family housing and other uses beneficial to urban
residential development.
(C) To provide opportunity for all groups of persons to obtain
adequate housing within each area of the Impact Area suit-
able for residential use in relation to other land uses and
consistent with the preservation of natural, scenic and his-
torical resources.
(D) To encourage a variety of housing types, sizes and densities
necessary to meet the needs of all economic groups.
4-2: PERMITTED USES: The following uses, shall be permitted
provided as they are deemed appropriate in each particular
application by the Planning Commission:
(A) Single family and multifamily dwelling units at no more than
four dwelling units per acre.
(B) Compatible limted commercial uses, such as home occupations
provided that such uses meet the approval of the Commission.
(C) Outbuildings, shed for tools, fuel and accessories to and
used in connection with a residence building.
4-3: SPECIAL USES: The following uses and their accessory uses
are permitted in accordance with Section 18-4 (Special
Use Permits)
(a) Planned Unit Development
(B) Public and private parks not for overnight use; and hiking,
biking, riding and skiing trails and easements.
(C) Public or private community uses, such as churches, clubs,
community centers, museums, libraries, hospitals and care
centers, public services and facilities, which satisfy the
requirements set forth in Section 16-2 (General Requirements)
(D) Guest and boarding houses, but not hotels and motels.
(E) Neighborhood convenience stores
(F) Mobile Home Subdivisions
(G) Other uses deemed appropriate by the commission
4-4: CONDITIONS OF USE: All uses within this district shall
conform to the provisions specified in Chapter 16 (Sup-
plementary Regulations)
4-5: DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES AND LOTS:
(A) Single-family dwellings: The following criteria shall apply
where an applicant seeks approval for single family dwellings:
1. Lot Area:
a. The minimum average lot area shall be 10,000 square
feet;
b. No lot shall be less than 7,500 square feet.
2. Lot Width:
a. Minimum lot frontage width shall be sixty (60) feet;
except as provided in 2b.
b. The pole section of a flag shall not be less than
twenty (20) feet in width.
3. Lot Length:
a. The average length of any lot shall not be greater
than three times the average width;
b. The maximum length of the pole portion of a flag
lot shall be 150 feet.
4. Setback Requirements:
a. No portion of a building shall be closer than
twenty (20) feet to the right-of-way line of a public
thorougfare to allow for planting strips, sidewalks,
trails or easements.
b. No portion of a building shall be closer to a side
or rear property line than five feet or one-half
the total height of the highest building wall from
the ground level nearest the property line, which
ever is the greater.
5. Maximum Building Height:
The maximum height of all buildings shall be thirty-
five (35) feet.
6. Minimum Distance Between Buildings:
a. The minimum distance between detached dwelling
units on separate lots shall be ten (10) feet where
buildings are side to side, thirty (30) feet where
buildings are rear to rear, and twenty (20) feet
in all other cases.
b. No more than one dwelling unit per lot shall be
permitted.
7. Access, Driveways and Off -Street Parking:
a. No residential building may be constructed on a
parcel that is in excess of three -hundred (300)
feet of traveling distance from vehicular access
adequate for fire protection vehicles, refuse
collection vehicles, moving vans, or other stan-
dard service vehicles.
b. No cul-de-sac streets will be permitted.
c. No driveway shall be wider than forty percent of
the lot frontage on a public thoroughfare except
on the pole section of flag lots.
d. Driveway connections to public streets shall con-
form to standards of design and construction
established by the County.
e. It is encouraged that an adequate area for the
storage of snow be provided for in situations where
snow removal and storage may pose a problem to
traffic circulation and street maintenance.
8. Streets:
a. All proposed public streets shall conform to the
standards specified in subdivision regulations.
b. The right-of-way width for private streets shall
be equivalent to County standards for public streets
as specified in subdivision regulations.
c. In the event that private streets are requested
for dedication as public streets, such streets
must meet the construction standards specified in
subdivision regulations prior to dedication.
9. Fences, Walls or Obstructions:
a. Fences, walls, or obstructions built on the front
property line shall not exceed four (4) feet in
height.
b. Fences, walls or obstructions built on the side
and/or rear property lines shall not exceed six
(6) feet in height.
4-6: 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 develop-
ment 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 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.
4. Permissible density in the Low Density Residential
District shall not exceed four (4) dwelling units per
acre.
(B) Plot Plans Where Subdivision Approval Not Sought:
Where a permit is sought for residential development con-
taining 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 purchaser 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.
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CHAPTER 5
ZONE "B"
MEDIUM DENSITY RESIDENTIAL
SECTION:
5-1: Purpose
5-2: Permitted Uses:
5-3: Special Uses:
5-4: Conditions of Use:
5-5: Development Standards for Residential Structures and
Lots
5-6: Application of Density and Development Standards
5-1: PURPOSES: In furtherance of the provisions of
section 1-1 (Zoning Ordinance):
(A) To establish standards governing the development,
construction, and use of housing and compatible
uses in areas of the McCall area of city impact
which already contain, or are suitable for, moderately
intensive residential use.
(B) To preserve the environmental quality of areas
which attract more intensive residential use.
(C) To provide opportunity for all groups of persons to
obtain adequate housing within each area of the
McCall area of city impact suitable for residential
use in relation to other land uses and consistent
with the preservation of natural, scenic and historical
resources.
(D) To encourage a variety of housing types, sizes and
densities necessary to meet the needs of all economic
groups.
5-2: PERMITTED USES: The following uses and their
accessory uses shall be permitted provided they are
deemed appropriate in each particular application
by the Planning and Zoning Commission:
(A) Single family and multi -family dwelling units at
densities of no more than eight (8) dwelling units
per acre,
(B) All limited commerical uses permitted in Section
4-2-B (Low Density Residential District).
(C) Accessory uses located on the same premises as
permitted uses, such as private garages and the use
of land for domestic agricultural purposes defined
in Section 3-1, (Definitions).
5-3: SPECIAL USES: The following uses and their accessory
uses may be permitted in accordance with Section 17-4,
(Permits and Applications):
(A) All Special Uses permitted in Section 4-3 (Low Density
Residential District)
(B) Planned Unit Development
(C) Public and private parks not for overnight use, and
hiking, biking, riding, and skiing trails and easements.
(D) Mobile home subdivisions
(E) Public or private community uses, such as churches,
clubs, community centers, museums, hospitals & care
centers, libraries and public services and facilities,
which satisfy the requirements set forth in Section
15-2 (General Requirements)
(F) Professional offices built in residential style
(G) Residential storage units, for the purpose of storing
personal or family household items.
(H) Other uses deemed appropriate by the Commission.
5-4: CONDITIONS OF USE: All uses within this district
shall conform to the provisions specified in Chapter
15, (Supplementary Regulations)
5-5: DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES
AND LOTS:
(A) Subject to the more flexible allowable densities of
this District, single family and multifamily dwellings
shall meet the development standards specified in
Section 4-5 (Low Density Residential).
5-6: APPLICATION OF DENSITY AND DEVELOPMENT STANDARDS:
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Calculation of Permissible Densities, and the sub-
mission of plot plans where subdivision approval is
not sought shall be as set forth in Section 4-6
(Low Density Residential) except that the density
requirements in the Medium Density Residential District
shall not exceed eight (8) dwelling units per acre.
CHAPTER 6
ZONE "C"
COMMERICAL DISTRICT
SECTION:
6-1: Purpose
6-2: Permitted Uses
6-3: Special Uses
6-4: Conditions of Use
6-5: Standards for Commerical Development
6-1: PURPOSES: In furtherrance of the provisions of
section 1-1, Zoning Ordinance:
(A) To encourage and regulate commerical and public and
private business activities appropriate to the McCall
area of city impact distributed so as to supply goods
and services to residents and visitors in a convenient
and efficient manner.
(B) To assure that commerical and business development
and uses will not detract from the environmental
qualities of the surrounding areas.
6-2: PERMITTED USES: The following uses shall be per-
mitted provided they are deemed appropriate and
similar in nature in each particular application
by the Planning Commission.
(A) Banks and financial institutions
(B) Business and personal services
(C) Department stores
(D) Dwelling units
(E) Eating and drinking places
(F) Hotels and motels
(G) Indoor recreation
(H) Professional offices and buildings
(I) Public parks, hiking, riding, biking, and skiing trails
and easements
(J) Retail stores
(K) Funeral Homes
(L) Public Parking Garages
6-3: SPECIAL USES: The following uses and their accessory
uses shall be permitted in accordance with Section
17-4, (Special Uses Permits):
(A) Planned Unit Development
(B) Public use
(C) Drive-in restaurant
(D) Laundromat
(E) Medical facilities
(F) Outdoor amusement facilities
(G) Radio, T.V., and telephone relay stations and radio
and T.V. studios
(H) Other uses which are found by the Planning and
Zonning Commission to be appropriate and similar
in nature may be permitted.
6-4: CONDITIONS OF USE: All uses within this district
shall conform to the provisions specified in Chapter
15, (Supplementary Regulations)
6-5: STANDARDS FOR COMMERICAL DEVELOPMENT:
(A) Setback Requirements:
1. The minimum front yard setback shall be five (5)
feet for landscaping purposes.
2. The minimum rear yard setback shall be twenty
(20) feet.
3. The minimum flanking street setback shall be five
(5) feet.
4. The minimum flanking alley setback shall be three
(3) feet and no part of any structure shall project
over the setback area.
(B) Driveways and Parking:
1. The minimum driveway width shall be twenty (20)
feet for two-way traffic and fourteen (14) feet for
one-way traffic.
2. Parking areas shall conform to standards of
design and construction established by the County
provided that:
(a) No parking lot pavement may be located
closer than five (5) feet from the right-of-way
line of a public street.
(b) No part of parked vehicles shall protrude
into that setback; and a fence, wall or plant screen
shall be installed.
(c) All parking lots shall be screened from public
throughfares 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/or to the standards of the County,
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 conform to the
space requirements and standards specified in Chapter
15, (Supplementary Regualtions.)
(e) Where special conditions exist which make
compliance with these standards impractical, 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, the developer
of the property shall designate a snow storage area
or make other provisions to remove the snow as
necessary.
(C) Height Limitations:
No building within the Commerical District shall
exceed thirty-five (35) feet in height measured
from the ground level of the primary building entrance.
(D) Lot Coverage:
1. The amount of land covered by buildings and
pavement, shall not exceed eighty (80) percent of a
lot or parcel within a neighborhood commerical district.
2. All uncovered area shall be landscaped.
(E) Waste Collection:
Waste collection areas shall be enclosed.
(F) Public Access:
The Planning Commission should encourage the dedication
of public access -ways not less than ten (10) feet in
width to publicly owned land or waters and should en-
courage the preservation of all historic and archaeo-
logic sites, known or discovered on the parcel subject
to development.
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CHAPTER 7
ZONE "D"
INDUSTRIAL DISTRICT
SECTION:
7-1: Purpose
7-2: Permitted Uses
7-3: Special Uses
7-4: Conditions of Use
7-5: Standards for Industrial Development
7-1: PURPOSES: In furtherance of the provisions of section
1-1, Zoning Ordinance:
(A) To provide and protect lands conveniently located to
existing and potential transportation routes for the
grouping of heavy commerical, warehousing, processing
and manufacturing uses that are not compatible with
the permissible activities in the Commerical or
Residential Districts.
(B) To regulate and control development, construction,
and organization of land for those uses.
(C) To insure that industrial uses are not detrimental
to any bordering residential, commerical or
agricultural district and do not interfere with the
operation of the airport.
7-2: PERMITTED USES: The following uses shall be
permitted provided they are deemed appropriate in
each particular situation by the Planning Commission.
(A) Accessory uses and structures
(B) Banks and financial institutions
(C) Bulk petroleum storage
(D) Business and personal services
(E) Chemical storage and manufacturing
(F) Contractor's storage yard
(G) Department stores
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(H) Eating and drinking places
(I) Forest management, timhier harvesting, and fish and
wildlife management and protection.
(J) Indoor recreation
(K) Professional offices and buildings
(L) Public parks, hiking, riding, biking and skiing
trails and easements
(M) Research and development
(N) Retail stores
(0) Service stations
(P) Terminal yard, trucking
(Q) Truck and tractor repair
(R) Warehouse and wholesaling
(S) Wood processing plant
(T) Storage Building and yards
7-3: SPECIAL USES: The following uses and their accessory
uses are permitted in accordance with Section 17-4
(Special Use Permits):
(A) Electrical substations
(B) Planned Unit Development
(C) Public and semi-public use
(D) Quarries
(E) Radio, T.V. and telephone relay stations
(F) Wrecking yards.
7-4: CONDITIONS OF USE:
(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
emmission of odor, dust, smoke, cinders, gas, fumes,
noise, vibration, refuse matter or watercarried waste.
3. The cause of unhealthy conditions resulting from
improper storage of materials, or impoundment of waste
water, attracting and aiding the propagation of insects
or rodents.
4. Objectionable due to a failure to wholly enclosure
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) No use in the general vicinity of the airport shall
be permitted which may impede, confuse, distract,
or otherwise encumber the safe and efficient use of
the airport landing field, approach zones, or other
facilities.
(C) No uses shall be located in the general vicinity of
the airport which may, according to the City of McCall
Airport Development Plan, prevent expansion of the
airport or facilities associated with it.
(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 any operation, material or activity which
constitutes a potential threat to public health,
safety and welfare or to the quality of the
environment. When requiring such a statement the
precise nature of the items to be included in the
Environmental Impact Statement shall be indicated.
(E) All uses within this district shall conform to the
provisions specified in Chapter 15, (Supplementary
Regulations)
7-5: STANDARDS FOR INDUSTRIAL DEVELOPMENT:
(A) Lot Area:
1. The minimum lot area that may be created or developed
shall be 10, 000 square feet.
2. 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 industrial use.
Q 0
(B) Setback Requirements:
1. The minimum front yard setback shall be thirty-
five (35) feet.
2. The minimum side yard and rear yard setback shall
be 10 feet, except 20 feet when abutting on a resident-
ial district.
3. The minimum flanking street setback shall be
thirty-five (35) feet.
4. The minimum distance between detached buildings
on the same parcel shall be ten (10) feet.
5. A sight -obscuring fence or other suitable screening
shall be required where a proposed commerical or
industrial use abuts the side or rear yard of any
property in a residential district. Such fence
shall be six (6) feet in height except in the required
front yard where it shall be not more than three
(3) feet in height.
(C) Parcel Dimension Requirements:
No parcel shall be created unless it has a minimum
street frontage of seventy-five (75) feet.
(D) Driveways and Parking:
1. The minimum driveway width in the Industrial
District shall be twenty (20) feet for two-way traffic
and fourteen (14) feet if there is one-way traffic.
2. Parking areas shall conform to standards of design
and construction established by the County provided
that:
(a) No parking lot pavement edge may be located
closer than five (5) feet from the right-of-way line
of a public street.
(b) All parking lots shall be screened from public
thoroughfares by a fence, wall or plant screen not
less than four (4) feet high; provided however, that
the screening height shall be lowered to the standards
as required under the County Traffic Code, 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.
3. All uncovered area shall be landscaped.
a o
4. All industrial development accessible to a
public sewer shall provide for sanitary sewer
facilities in accordance with standards established
by the State Board of Health.
5. The Planning and Zoning Commission should encourage
the dedication of public accessways not less than
ten (10) feet 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.
(E) Location:
No industrial uses shall be located closer than 500'
to a major highway.
" "
C H A P T E R 8
Z O N E " E "
A G R I C U L T U R A L D I S T R I C T
S E C T I O N :
8 - 1 : P u r p o s e s
8 - 2 : P e r m i t t e d U s e s
8 - 3 : S p e c i a l U s e s
8 - 4 : C o n d i t i o n s o f U s e
8 - 5 : D e v e l o p m e n t S t a n d a r d s f o r C o n s t r u c t i o n a n d U s e
8 - 1 : P U R P O S E S : I n f u t h e r a n c e o f t h e p r o v i s i o n o f S e c t i o n
1 - 1 ( Z o n i n g O r d i n a n c e )
( A ) T o p r o t e c t t h e p r o d u c t i v e , s c e n i c a n d o p e n s p a c e
v a l u e o f a g r i c u l t u r a l a n d f o r e s t l a n d s w h i c h l i e i n
t h e M c C a l l a r e a o f c i t y i m p a c t f r o m i n t r u s i o n o f
u r b a n u s e s , f r a g m e n t a t i o n o f o w n e r s h i p s a n d i n f l a t i o n
o f l a n d v a l u e s .
( B ) T o m a i n t a i n p a r c e l s o f a d e q u a t e s i z e t o p e r m i t
e f f e c t i v e a g r i c u l t u r a l o r f o r e s t r y u s e .
( C ) T o p r o m o t e t h e o r d e r l y d e v e l o p m e n t o f t h e M c C a l l
a r e a o f c i t y i m p a c t b y l i m i t i n g a n d c o n t r o l l i n g
t h e d i s p e r s a l o f r e s i d e n t i a l a n d o t h e r u r g a n u s e s
i n a g r i c u l t r u a l o r f o r e s t l a n d s .
( D ) T o p r o t e c t a d j o i n i n g d i s t r i c t s f r o m i n c o m p a t i b l e o r
o b j e c t i o n a b l e a g r i c u l t r u a l a c t i v i t i e s a n d t o m a i n t a i n
e n v i r o n m e n t a l q u a l i t y .
8 - 2 : P E R M I T T E D U S E S : T h e f o l l o w i n g u s e s s h a l l b e
p e r m i t t e d p r o v i d e d t h e y a r e d e e m e d a p p r o p r i a t e i n
e a c h p a r t i c u l a r s i t u a t i o n b y t h e P l a n n i n g C o m m i s s i o n :
( A ) A g r i c u l t u r e
( B ) A c c e s s o r y u s e s a n d s t r u c t u r e s
( C ) F o r e s t m a n a g e m e n t , t i m b e r h a r v e s t i n g a n d f i s h a n d
w i l d l i f e
( D ) S i n g l e - f a m i l y r e s i d e n t i a l
8-3: SPECIAL USES: The following uses and their accessory
uses may be permitted in accordance with Section 17-4
(Special Use Permits):
(A) Airport, heliports and landing strips
(B) Bulk storage
(C) Developed campgrounds
(D) Electrical substations
(E) Kennels and Veterinary Clinics
(F) Organized campgrounds
(G) Planned Unit Development
(H) Public and semi-public use
(I) Quarries
(J) Radio, T.V. and telephone relay stations
(K) Recreational vehicl parks
(L) Subdividing in accordance with county comprenhensive
plan.
8-4: CONDITIONS OF USE: All uses within this district
shall conform to the provisions specified in Chapter
15, (Supplementary Regualtions)
8-5: DEVELOPMENT STANDARDS FOR CONSTRUCTION AND USE:
The development standards applicable in the Argicul-
ture District shall be the same as those established
in Section 4-5 (Low Density Residential District).
CHAPTER 9
ZONE "I"
SHORELINE AND RIVER ENVIRONS DISTRICT
(OVERLAY)
SECTION:
9-1: Purpose
9-2: Lands Included
9-3: Permitted Uses
9-4: Requirements for Development
9-1: PURPOSE: In furtherance of the provisions of
Section 2-1, Zoning Ordinance:
(A) To regulate development and alternations to the shoreline
of Payette Lake and the banks and immediate flood plain
of the Payette River in order to protect and maintain
physical, biological and scenic resources of particular
value to the public.
(B) To regulate the type, amount, height and bulk of building
within one hundred (100) feet of the high water mark of
Payette Lake in order to preserve physical and visual
access to the lake and the characteristic lake -oriented
downtown environment.
9-2: LANDS INCLUDED:
(A) From the low water mark to one hundred (100) feet inland
from the high water mark of Payette Lake.
(B) From the Payette River to seventy-five (75) feet from
the apparent high water line or one hundred fifty (150)
feet from the top of the bank that describes the flood
plain delineated on the zoning map whichever is greater,
on each side.
9-3: PERMITTED USES:
All those uses permitted in the
Use Districts upon which the
Shoreline District is superim-
posed shall be permitted provided
they satisfy the special condi-
tions set for this section,
except that:
(A) No public or commercial marinas, docks and piers shall
be permitted in areas of the shoreline of unique scenic
beauty which should be retained in their natural condition
or unless there is demonstrable public need for a new
marina, dock or pier.
(B) Development of multi -family dwelling units or condominiums,
including accessory buildings or other buildings or
structures shall be set back seventy-five (75) feet or 1/3
of the property depth, whichever is less, from the high water
line of Payette Lake, except in the existing commercial dis-
trict where the setback shall be twenty (20) feet.
(C) Development shall be prohibited within fifty (50) feet of
the apparent high water level of the Payette River or closer
to the river than the limit of existing structures.
(D) No building shall be permitted within a flood plain unless it
is constructed in such a manner as to be free of possible in-
jury from flood waters.
9-4: REQUIREMENTS FOR DEVELOPMENT: No zoning, special use
or building permit shall be issued, nor shall any use
requiring the development, grading or alteration of
any portion of this district be permitted, unless
the applicant establishes conformity with the require-
ments of this Section.
(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
2. Docks, piers and marinas shall conform to the following
standards:
a. Floating piers or piers on pilings shall be used
to provide access to boats, rather than dredging,
whenever possible.
b. Where marians, docks or piers are permitted, they
shall be located in areas where dredging can be
minimized.
c. Where a barrier wall is required in connection with
a marina or dock, it shall be carried deep enough
below the bottom to prevent movement of back -fill
materials into the water.
d. Materials used to stabilize the bottom of the
marina, dock harbor or pier structures shall be
chemically inert sand, gravel, or similar substances.
e. Restrooms, pump -out facilities for boat sewage
receptacles, and trash receptacles for other boat
wastes shall be provided at a commercial marina or
dock.
3. All breakwater retaining walls and similar type construc-
tion shall 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
City of McCall Planning Commission.
4. Construction of breakwaters or similar types of develop-
ment shall not extend beyond the presently established
high water level unless approved by the Planning Com-
mission and deemed as beneficial to the public and the
visual and environmental qualities of the lakeshore.
5. Approval for construction of breakwaters or similar
types of development shall be granted only if such
development will be:
a. Visually compatible with the surrounding natural
shoreline environment through the use of native
rock and/or concrete.
b. Left unpainted and allowed to weather
c. Set deep enough and reinforced enough to prevent
frost heaving and other natural structural
deterioration
d. Not more than twenty-four (24) inches above the
normal high water line
6. Any development application within the Shoreline District
shall be accompanied by a topographic survey and all
available flood data, pending establishment of the one
hundred year flood plain.
(B) Development Landward of the Shoreline or Beyond the
River Banks:
1. Any construction, alteration or use in this portion of
the Shoreline District shall require a Special Use Permit
which shall regulate in each case.
a. Distance between buildings to preserve open views
b. Park or trail dedication or easements
c. Building width and height to preserve open views
7. No development, alteration or use shall be permitted
which would:
a. Block views of Lake or River from nearest frontage
street for more than fifty percent (50%) of the
lot width parallel to the shoreline, except in
the existing commercial district, where twenty
percent (20%) of the view must be preserved.
b. Create lot coverage in excess of eighty percent
(80%) .
c. Be finished in a manner clearly in conflict with
the general desire for natural, earth -toned
finishing materials.
(C) The Planning Commission shall approve, approve with conditions
or deny the permit.
CHAPTER 10
ZONE "J"
SCENIC ROUTE DISTRICT
(OVERLAY)
SECTION:
10-1: Purpose
10-2: Lands Included
10-3: Requirements for Development
10-4: Procedure
10-1:
10-2:
PURPOSE:
To preserve, maintain and improve visual
access from major public thoroughfares and
to improve the visual quality of existing
thoroughfares and adjacent uses, and con-
trol the visual quality of future development.
LANDS INCLUDED:
The Scenic Route District shall
include the right-of-way of State
Highway 55 and of its bypass, when
constructed, and structures within
one -hundred fifty (150) feet of
the right-of-way on each side.
10-3: REQUIREMENTS FOR DEVELOPMENT:
(A) The Planning Commission may require the applicant to furnish
graphic or pictorial material sufficient to indicate the
nature of the proposed use, type of structure, finish
materials and proposed signing, and an indication of views
obscured by the structure.
(B) The Planning Commission shall ascertain whether the proposed
development, structure 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.
10-4: PROCEDURE: The Planning Commission shall approve, approve
with conditions or deny the permit.
CHAPTER 11
MOBILE HOMES SUBDIVISIONS; TRAVEL TRAILERS
SECTION:
11-1: Purpose
11-2: Additions; Inspections
11-1: PURPOSE: For the purpose of protecting and improving_,
the health, safety, morals and general welfare, to
protect against fire hazards, to provide for better
light and air, to protect public water supplies, to
control the density of population, to protect the
market value of real property and to create and con-
serve desirable environmental conditions for and in
the City of McCall and for the benefit of the inhabi-
tants of said City, the "Minimum Standards and Criteria
for Approval of Development and Operation of Mobile
Home Subdivisions and Parks and Travel Trailer Courts
and Parks" adopted by resolution of the Valley County
Board of County Commissioners on May 12, 1971, at
Cascade, Idaho, of which not less than three (3)
copies now are on file in the office of the County
Clerk.
11-2: ADDITIONS; INSPECTIONS: No structure may be built to
cover a trailer or mobile home to protect it from
the weather or snow unless the plans and specifications
therefor are first approved by the Commission and it
has authorized the issuance of a permit therefor.
SECTION:
12-1:
11-1:
CHAPTER 12
SUBDIVISION REGULATIONS
Regulations Adopted
REGULATIONS ADOPTED: The subdivisions Regulations
for Valley County, Idaho, adopted March 31, 1970,
as amended be, and the same are hereby adopted by
reference.
CHAPTER 13
PLANNED UNIT DEVELOPMENT
(OVERLAY)
SECTION:
13-1: Purpose
13-2: Procedure
13-3: Development Standards
13-4: Permitted Uses
13-5: Changes and Modifications
13-6: Expiration
13-1: PURPOSE: The purpose of the Planned Unit Development
designation is to provide opportunities to create more desir-
able environments through the application of flexible and
diversified land development standards under a comprehensive
plan and program professionally prepared. The Planned Unit
Development designation is intended to be used to encourage
the application of new techniques and new technology to
community development which will result in superior living or
development arrangements with lasting values. It is further
intended to achieve economics in land development, mainten-
ance, street systems and utility networks while providing
building groupings for privacy, useable and attractive open
spaces, safe circulation and the general well-being of the
inhabitants.
13-2: 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 pre-
liminary plan in schematic fashion and a written program
containing the following elements:
a. Plan Elements:
1. Proposed land uses and densities
2. Building types and intensities
3. Circulation pattern
4. Parks, playgrounds, open spaces
5. Existing natural features
b. Program Elements:
1. Applicant's market analysis of proposed use
2. Proposed ownership pattern
3. Operation and maintenance proposal, i.e. Homes
Association, Condominium, Co-op or other
4. Waste disposal facilities
5. Lighting
6. Water supply
7. Public transportation
8. Community facilities, i.e. 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 applicant
requests such hearing in the application.
3. The Planning Commission shall informally 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 the Ordinance and other regulations and the suitability of
the proposed development in relation to the character of the
area.
4. Approval in principle of the preliminary development
plan and program shall be limited to the preliminary accept-
ability of the land uses proposed and their inter-realtionships
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 13-2 B to be submitted with the general development
plan and program.
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 r5ceiving 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 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 develop-
ment.
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 sewer, water mains, and other under-
ground facilities within and adjacent to the development and
their certified capacities.
5. Proposed sewer, 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 reserved for
interior circulation, public parks, playgrounds, school sites,
public buildings or other uses dedicated or reserved to the
public, if any.
9. Open space that is to be maintained and con-
trolled by the owner of the property and the proposed use
thereof.
10. A traffic flow map showing the circulation
pattern within and adjacent to the proposed development.
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 arrangement 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 groves 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 constru-
ction. 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 13-3 (N), the above requirements
11-17 will be tentative as to the subsequent stages 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 objects of
the planned unit development.
2. A completed market analysis, if required by the
Planning Commission.
3. Evidence of resources available to develop the
project.
4. Tables showing the total number of acres, the
distribution of areas by use, the percentage designated for
each dwelling type, off-street parking, streets, parks, play-
grounds, schools and open spaces as shown on the proposed
development plan.
5. Tables showing the overall density of the pro-
posed 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 unit development
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.
d. 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, or a unit thereof, can
be substantially completed within four (4) years of the approval.
2. After action by the Planning Commission, the County
Commissioners 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 County Commissioners, the applicant shall 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.
2. If the final plan and program is found to be in com-
pliance, it shall be so certified by the Planning Commission
and recorded by the applicant in the offices of the County
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 County
Commissioners.
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.
13-3: DEVELOPMENT STANDARDS:
(A) Application of Standards
1. In cases of conflict between standards of an underlying
district and the planned unit development, the standards for
the planned unit developments shall apply.
(B) Minimum Site Size
1. Planned unit developments shall be established only on
parcels of land which are suitable for the proposed develop-
ment and of sufficient size to be planned and developed in a
manner consistent with the purposes of this Chapter.
2. A planned unit development shall not be established on
less than four (4) acres of contiguous land unless the Plan-
ning Commission finds that property of less than four (4)
acres is suitable as a planned unit development by virtue of
its unique character, topography, or landscaping features, or
by virtue of its qualifying as an isolated problem area as
determined by the Planning Commission.
(C) Compatability with Neighborhood
1. The plans and program shall present an organized
arrangement of buildings, service facilities, open spaces and
improvements such as recreation facilities, landscaping and
fincing to insure compatability with the comprehensive plan,
and the character of the neighborhood.
2. Periphery yards of a planned unit development site shall
be at lease as deep as those required by the yard regulations
of the adjoining district unless the Planning Commission finds
that equal protection will be accorded through specific
features of the approved plan.
(D) Lot Coverage
1. Lot coverage shall be the same as an underlying district
unless the Planning Commission finds that an exception is
warranted in terms of the character and amenities proposed
in the total development.
(E) Open Space
1. Open space in a planned unit development means the
land area to be used for scenic, landscaping or open
recreational purposes within the development.
a. It shall not include street rights of ways, drive-
ways or open parking areas.
2. Open space shall be adequate for the recreational and
leisure use of the population occupying the planned unit
development and designed to enhance the present and future
value of the development.
3. To the maximum extent possible, the plan and program
shall assure that natural features of the land are preserved
and landscaping is provided.
4. In order to assure that open space will be permanent,
dedication of development rights to the County of Valley
for other than open space use may be required.
5. Instruments guaranteeing the maintenance of open
space shall be reviewed and approved by the Planning
Commission. Documents dedicating development rights
and provisions for maintenance of open space shall be approved
as to form by the County Attorney.
6. The Planning Commission may require that instruments
of conveyance provide that in the event the open space is
permitted to deteriorate or is not maintained in a condition
consistent with the approved plan and program, then and in
such event the County may at its option cause such mainten-
ance to be done and assess the costs to the affected property
owners.
(F) Density
1. In order to preserve the integrity of the comprehensive
plan, the character and general welfare of the neighborhood
or area and relate it to the planned unit development, the
number of dwelling units permitted shall be determined as
follows:
a. Divide the net development area by the minimum lot
area per dwelling unit required by an underlying district or
districts in which the planned unit development is located, or
a reasonably comparable area within the County.
1. Net development area shall be determined by
subtracting the area set aside for churches, schools or other
non-residential uses from the gross development area and
deducting twenty percent (20%) of the remainder.
b. A greater number of dwelling units may be permitted
by the Planning Commission in the event the applicant pro-
poses a development which effectively limits the overall
"
d e n s i t y o f t h e p r o j e c t t o t h e s t a n d a r d o f a n u n d e r l y i n g
d i s t r i c t , o r a r e a s o n a b l y c o m p a r a b l e a r e a w i t h i n t h e C o u n t y ,
t h r o u g h r e s t r i c t i o n s o n a g e , f a m i l y c o m p o s i t i o n s o r o t h e r
e f f e c t i v e m e a n s .
1 . I f t h e a p p l i c a n t p r o p o s e s t o u t i l i z e t h i s p r o -
v i s i o n , f u l l w r i t t e n d e t a i l s s h a l l b e p r e s e n t e d i n t h e
p r o g r a m s e l e c t i o n o f t h e p r e l i m i n a r y d e v e l o p m e n t p l a n .
c . I f t h e p r o p o s e d s i t e f o r t h e p l a n n e d u n i t d e v e l o p -
m e n t l i e s w i t h i n t h e P a y e t t e L a k e s W a t e r a n d S e w e r D i s t r i c t ,
t h e d e n s i t y o f t h e p r o p o s e d d e v e l o p m e n t s h a l l b e n o m o r e
t h a n p e r m i t t e d b y t h e d i s t r i c t f o r t h a t p a r t i c u l a r a r e a .
( G ) S u b d i v i s i o n L o t S i z e s
1 . M i n i m u m a r e a , w i d t h , d e p t h a n d f r o n t a g e r e q u i r e m e n t s
f o r s u b d i v i s i o n l o t s i n a p l a n n e d u n i t d e v e l o p m e n t m a y b e
l e s s t h a n t h e m i n i m u m s s p e c i f i e d i n a n u n d e r l y i n g d i s t r i c t i f
i n a c c o r d a n c e w i t h t h e a p p r o v e d g e n e r a l d e v e l o p m e n t p l a n
a n d p r o g r a m a n d t h e d e n s i t y s t a n d a r d s o f t h i s S e c t i o n . T h e
b a l a n c e o f t h e t o t a l t r a c t a r e a s h a l l b e d e v o t e d t o o p e n s p a c e
a s d e f i n e d h e r e i n .
( H ) S t a g i n g
1 . T h e a p p l i c a n t m a y e l e c t t o d e v e l o p t h e s i t e i n s u c c e s s i v e
s t a g e s i n a m a n n e r i n d i c a t e d i n t h e g e n e r a l d e v e l o p m e n t p l a n
a n d p r o g r a m . E a c h s u c h s t a g e s h a l l b e s u b s t a n t i a l l y c o m p l e t e
w i t h i n i t s e l f .
2 . T h e P l a n n i n g C o m m i s s i o n m a y r e q u i r e t h a t d e v e l o p m e n t
b e d o n e i n s t a g e s i f p u b l i c f a c i l i t i e s a r e n o t a d e q u a t e t o
s e r v i c e t h e e n t i r e d e v e l o p m e n t i n i t i a l l y .
1 3 - 4 : P E R M I T T E D U S E S :
( A ) T h e f o l o w i n g u s e s a r e p e r m i t t e d i n a p l a n n e d u n i t
d e v e l o p m e n t :
1 . H o u s i n g c o n c e p t s m a y i n c l u d e b u t a r e n o t l i m i t e d t o
s i n g l e f a m i l y r e s i d e n c e , d u p l e x e s , r o w h o u s e s , t o w n h o u s e s ,
c l u s t e r u n i t s , m u l t i p l e f a m i l y d w e l l i n g s , o r c o n d o m i n i u m s .
2 . R e l a t e d c o m m e r c i a l u s e s w h i c h a r e d e s i g n e d e x c l u s i v e l y
t o s e r v e t h e d e v e l o p m e n t o f w h i c h t h e y a r e a p a r t , w h e n
a p p r o v e d b y t h e P l a n n i n g C o m m i s s i o n .
3 . R e l a t e d c o m m u n i t y s e r v i c e u s e s w h i c h a r e d e s i g n e d t o
s e r v e t h e d e v e l o p m e n t o f w h i c h t h e y a r e a p a r t , w h e n a p p r o v e d
b y t h e P l a n n i n g C o m m i s s i o n .
a . S u c h c o m m u n i t y s e r v i c e u s e s a m y a l s o b e d e s i g n e d t o
s e r v e t h e a d j a c e n t a r e a i f c o n s i d e r e d d e s i r a b l e b y t h e P l a n -
n i n g C o m m i s s i o n u p o n e x a m i n a t i o n o f t h e p l a n
4 . A c c e s s o r y b u i l d i n g s a n d u s e s .
( B ) F o r C o m m e r c i a l a n d I n d u s t r i a l D i s t r i c t s :
1 . U s e s p e r m i t t e d i n a n u n d e r l y i n g d i s t r i c t .
2 . C o m m u n i t y s e r v i c e u s e s a p p r o v e d b y t h e P l a n n i n g
C o m m i s s i o n .
3 . O t h e r u s e s a s a p p r o v e d b y t h e P l a n n i n g C o m m i s s i o n a s
consistent with the plan and program.
4. Accessory buildings and uses.
13-5: CHANGES AND MODIFICATIONS:
(A) Major Changes
1. Major changes in the general development plan and
program after it has been adopted shall be considered the
same as a new petition and shall be made in accordance with
the procedures specified in this Section.
(B) Minor Changes
1. Minor changes in the general development plan and
program may be approved by the Planning Commission,
provided that such changes:
a. Do not increase the densities.
b. Do not change boundaries.
c. Do not change any use.
d. Do not change the location or amount of land
devoted to specific land uses.
2. All limitations of (a) - (d) of 1. above may be waived
if the changes are determined to be minor with respect to such
limitations or do not appreciably alter the general concept,
continuity and comprehensiveness of the general development
plan and program.
13-6: EXPIRATION:
(A) If substantial construction or development has not taken
place within four (4) years from the date of approval of the
General Development Plan and Program, the Planning
Commission shall review the Planned Unit Development desig-
nation at a public hearing to determine whether or not its
continuation in whole or in part is in the public interest,
and if found not to be, shall recommend to the County
Commissioners that the Planned Unit Development designation
on the property be removed.
(B) After action by the Planning Commission, the County
Commissioners shall consider the matter and, by resolution,
accept or reject it or return it to the Planning Commission
for further action.
SECTION:
14-1:
14-2:
14-3:
14-4:
14-5:
14-6:
14-7:
14-8:
14-9:
14-10:
CHAPTER 14
SIGNS
Purpose
Sign Standards by Zone
Temporary Signs
Exemptions
Non -conforming Signs
Prohibited Signs
Illumination
Permits and Fees
Structural Requirements
Inspection, Removal and Safety
14-1: PURPOSE:
(1A) To establish standards to regulate all exterior signs so as to
protect health, safety, and morals and to promote the general
welfare of residents and visitors.
(B) To regulate the sizes, location, character and other pertinent
features of all exterior signs in the Area of City Impact.
(C) To reduce undue and confusing competition between signs.
(D) To prevent conflicts between advertising signs and traffic
control signs or signals.
(E) To prevent possible harm from outdoor signs suspended from or
placed on top of structures and otherwise erected above the
ground and especially where susceptible to high winds.
14-2: SIGNS STANDARDS BY ZONE:
(A) General
1. The following sign standards by zone are intended to include
every zone in the Area of City Impact. The zones are as
defined by the Zoning Ordinance and Official Zoning Map.
Only signs as described herein and as may be described under
Sections 14-3 (Temporary Signs) and 14-4 (Exemptions) will
be permitted in each particular zone.
2. If any zone is omitted from this ordinance, or if a new
zone is created after the enactment of this ordinance,
no signs shall be permitted therein until this ordinance
shall be amended to include this zone.
(B) Residential
1. General: The regulations and specifications set forth
herein shall apply to both Zone "A", Low Density Resi-
dential and Zone "B", Medium Density Residential Districts.
2. Size: One sign not exceeding two (2) square feet in area
shall be permitted per dwelling unit. For multiple dwell-
ings one or more additional signs totaling twelve (12) square
feet in area shall be permitted.
3. Location: Permitted signs may be anywhere on the premises,
except that they may not provide beyond any property line
and except that, if ground mounted, the top shall be not
over five (5) feet above the ground and, if building mount-
ed shall be flush mounted, shall not be mounted on any
roof of the building and shall not project above the roof
line.
4. Content: The sign per dwelling unit shall indicate only
the name of the occupant and may include the address. The
additional sign area permitted for multiple dwellings shall
be only for identification of the building.
5. Illumination: Illumination, if used, shall be what is known
as white and not colored light and shall not be blinking,
fluctuating or moving. Light rays shall shine only upon
the sign or upon the property within the premises and shall
not spill over the property lines, in any direction, except
by indirect reflection.
(C) Commercial
1. General: The regulations and specifications set forth here-
in shall apply to Zone "C" Commercial District.
2. Size: A total sign area of one and one-half (11) square
feet for each lineal foot of building frontage or one-
half (2) square foot for each lineal foot of lot frontage,
whichever results in the larger sign area, but the maximum
total area of all permited signs for any establishment
shall not exceed two hundred (200) square feet.
Where frontage is on more than one (1) street, only the
signs computed with the frontage of that street shall face
that street.
3. Location:
aa. Signs may be flat wall signs, and located anywhere on
the surface of the building.
bb. Signs may be projecting signs only where, in compliance
with the Zoning Ordinance, there is no building set-
back and then may project no more than six (6) feet
beyond the street property line, but no closer than
two (2) feet to a curb line and must have a minimum
clearance of eight (8) feet above a public sidewalk
and fifteen (15) feet above public driveways or alleys.
cc. When a projecting sign is closer than twelve (12) feet
to a corner of the property, its projection shall be
no more than a distance equal to one-half the hor-
izontal distance from the sign to that corner.
dd. Where a building does not cover the full area of the
property, a sign may be freestanding, or ground sup-
ported, and may be located any where back of the street
setback lines. Such a sign may extend up to twenty
(20) feet above the average ground level at the base
of the sign.
ee. Signs may be on the vertical faces of marquees and
may project below the lower edge of the marquee not
more than twelve (12) inches. The bottom of marquee
signs shall be no less than eight (8) feet above the
sidewalk or grade at any point. No part of the sign
shall project above the vertical marquee face.
ff. Signs shall not project above the roof lines.
4. Content: Signs allowed in this zone shall be identity
signs only, except for highway oriented establishments.
5. Illumination: Illumination of signs is permitted but in
accordance with the restrictions specified on Section 14-7,
(Signs -Illumination).
6. Highway -Oriented Establishments:
aa. Automobile service stations, new and used car lots,
garden shops and other such businesses which may be
defined as outdoor merchandising or highway -oriented -
enterprises may be permitted to have, per establishment,
one identity sign not over twenty (20) feet high above
ground level, building mounted, roof mounted or ground
mounted, with no part or projection closer to a street
property line than twenty (20) feet.
bb. The maximum area for this sign shall be forty (40) square
feet for one face or eighty (80) square feet for the
two (2) faces of a double-faced sign.
cc. Incidental signs indicating services, products, prices,
trade, information, or other information not including
product advertising, may be attached to the structure
or may be listed on one permanently installed sign
structure at least twenty (20) feet from any property
line.
dd. No products or product containers or signs shall be
closer to a street property line than twenty (20)
feet.
ee. The total sign area, excepting the identy sign, shall
not exceed eighty (80) square feet.
(D) Industrial
1. General: This section of the code shall apply to all zones
designated by the Zoning Ordinance as Industrial or any
variety of it.
2. Size: There shall be permitted in this zone, for each in-
dustrial establishment, one (1) identity sign for each street
frontage, each with a maximum area of one (1) square foot
for each lineal foot of building street frontage, or one-
half (z) square foot for each lineal foot of property street
frontage which ever is greater.
3. Location: Requirements shall be the same as specified for
the Commercial districts.
4. Content: Signs permitted in this zone shall be identity
signs only, except for highway oriented establishments, which
shall be allowed in accordance with Section 14 -2 -cc, (High-
way Oriented Establishments).
5. Illumination: Illumination of signs is permitted in ac-
cordance with the restrictions specified in Section 14-7,
(Signs -Illumination).
(E) Urban Agriculture and Recreation
1. General: The regulations and specifications set forth herein
shall apply to all zones designated by the Zoning Ordinance
as Zone E, Agricultural District.
2. Size and Location:
aa. One sign not exceeding thirty-five (35) square feet
adjacent (to the nearest access intersection) to public
and commercial recreation facilities.
bb. One sign on the premises of such facilities for iden-
tification purposes not exceeding one C1) square foot
for each lineal foot of the main building front.
cc. One entrance sign placed within the property boundaries
providing it does not exceed twenty-five (25) square
feet in surface area.
dd. Directional signs where needed not exceeding six (6)
square feet in surface area per sign.
ee. All signs shall meet the specifications of Section
12-2, C-3, (Commercial Signs -Location).
3. Content:
aa. Signs allowed in this Zone shall be identity and direc-
tional signs only.
4. Illumination: Illumination of signs is permitted but in
accordance with the restrictions specified in Section 14-7,
(Signs -Illumination).
(F) Non -Conforming Uses
Any building or land use not conforming to the zoning ordinance
provisions for the zone in which it is located shall, nevertheless,
comply with all the provisions of this sign ordinance for the
conforming zone.
14-3: TEMPORARY SIGNS: The following signs shall be permitted
anywhere within the city and shall not require a permit:
(A) Construction Signs
1. Signs which identify the architects, engineers, contractors
and other individuals or firms involved with the construction,
but not including any advertisement of any product, and signs
announcing the character of the building enterprise of the
purpose for which the building is intended, during the con-
struction period, to a maximum area of sixteen (16) square
feet for each firm.
2. The signs shall be confined to the site of the construction
and shall be removed within fourteen (14) days of the begin-
ing of the intended use of the project.
(B) Real Estate Signs
1. Signs advertising the sale, rental or lease of the premises
or part of the premises on which the signs are displayed,
up to a total area of twelve (12) square feet.
2. Such signs shall be removed within fourteen U4)_ days of the
sale, rental or lease.
(C) Political Campaign Signs
1. Signs announcing the candidates seeking public political
office and other data pertinent thereto, up to an area of
thirty-two (32) square feet for each premise.
2. Such signs shall be confined within private property and
removed within fourteen (14) days after the election for
which they were made.
(D) Street Banners
Street Banners advertising a public entertainment or event, if
specially approved by the City Council and only for locations des-
ignated by the City Council, during and for fourteen (14) days
before and seven (7) days after the event.
(E) Show Window Signs
Show window signs in a window display of merchandise when in-
corporated with such a display. They need not be related in
content with the display.
14-4: EXEMPTIONS: The following types of signs are exempted from
all the provisions of this ordinance; except for construction
and safety regulations and the following requirements:
(A) Public Signs: Signs of a non-commercial nature and in the public
interest, erected by, or on the order of, a public officer in the
performance of his public duty, such as safety signs, danger signs,
trespassing signs, traffic signs, memorial plaques, signs of his-
torical interest and the like.
(B) Institutional:
1. Signs setting forth the name or any simple announcement for
any public, charitable, educational or religious institution,
located entirely within the premises of that institution, up
to an area of twenty-four (24) square feet.
2. Such signs may be illuminated in accordance with the regula-
tions specified in Section 14-7 (Signs -Illumination).
3. If building mounted, these signs shall be flat wall signs
and shall not project above the roof line, If ground mount-
ed, the top shall be no more than six (6) feet above ground
level.
(C) Integral
Names of buildings, dates of erection, monumental citations, com-
memorative tablets and the like when carved into stone, concrete
or similar material or made of bronze, aluminum, or other perm-
anent type construction and made an integral part of the structure.
(D) Private Traffic Direction
1. Signs directing traffic movement onto a premise or within a
premise, not exceeding three(3) square feet in area for each
sign.
2. Such signs may be illuminated in accordance with the regula-
tions specified in Section 14-7 (Signs -Illumination).
3. Horizontal directional signs on and flush with paved areas
are exempt from these standards.
(E) Small Signs:
Signs not exceeding two (2) square feet in area, attached flat
against the building, stationary and not illuminated, announcing
only the name and occupation of building tenant.
(F) Rental Signs:
Signs on the premises announcing rooms for rent, table board,
appartment or house for rent and not exceeding four (4) square
feet in area.
(G) Vehicles:
Signs on vehicles of any kind, provided the sign is painted or
attached directly to the body of the original vehicle and does
not project or extend beyond the sides or ends of the vehicles.
14-5: NON -CONFORMING SIGNS:
(A) Signs existing at the time of the enactment of this ordinance
and not conforming to its provisions shall be regarded as non-
conforming signs which may be continued for a period of five (5)
years from the date of their construction or three (3) years
from the date of the enactment of this ordinance, whichever is
longer, if properly repaired and maintained as provided in this
code and continue to be in conformance with other ordinances of
Valley County. At the end of this period they shall be removed
by the owner, agent, or person having beneficial use of the
structure or land on which the signs are located.
(B) Any sign existing in violation of Section 14-6 (Prohibited Signs),
shall be removed, altered or repaired in accordance with the pro-
visions of this ordinance within six (6) months after the date
of passage of this ordinance.
(C) Non -conforming signs which are structurally altered, relocated,
or replaced shall comply immediately with all provisions of
this code.
14-6: PROHIBITED SIGNS: Prohibited are signs which:
(A) Contain statements, words, or pictures of an obscene, indecent,
or immoral character, such as will offend public morals or decency.
(B) Contain or are an imitation of an official traffic sign or sig-
nal or contain the words "stop", "go slow", "caution:, "danger",
"warning", or similar words.
(C) Are of a size, location, movement, content, coloring, or manner
of illumination which may be confused with or construed as a
traffice control device or which hide from view any traffic or
street sign or signal.
(D) Advertise an activity, business, product or service no longer
conducted on the premises upon which the sign is located.
(E) Move in any manner or have a major moving part. Only minor dec-
orative parts may move.
(F) Contain or consist of banners, posters, pennants, ribbons,
streamers, strings of light bulbs, spinners, or other similarly
moving devices. These devices when not part of any sign are
similarly prohibited, unless they are permitted specifically
by other legislation.
(G) May swing or otherwise noticeably move as a reult of wind pres-
sure because of the manner of their suspension or attachment.
14-7: ILLUMINATION:
(A) The light from any illuminated sign shall be so shaded, shield-
ed or directed that the light intensity or brightness will not
be objectionable to surrounding areas.
(B) No sign shall have blinking, flashing or fluttering lights or
other illuminating devise which has a changing light intesity,
brightness or color. Beacon lights are not permitted.
(C) No colored lights shall be used at any location or in any manner
so as to be confused with or construed as traffic control devices.
(D) Neither the direct, nor reflected light from pr-mary light sources
sahll create a traffic hazard to operators of motor vehicles on
public thoroughfares.
(E) No exposed reflective type bulbs and no strobe light or incan-
descent lamp which exceeds fifteen (15) watts shall be used on
the exterior surface of any sign so as to expose the face of the
bulb, light or lamp to any public street or adjacent property.
14-8: PERMITS AND FEES:
(A) Permit Requirements:
1. No sign shall be erected, altered or relocated without a
permit issued by the building inspector.
2. Where electrical permits are required, they shall be ob-
tained at the same time as the sign permit.
(B) Applications:
The permit application shall contain the location of the sign
structure, the name and address of the sign owner and of the
sign erector, drawings showing the design and location of the
sign and such other pertinent information as the building of-
ficial may require to insure compliance with the ordinance of
the city.
(C) Fees:
Fees for sign permits shall be as fixed from time to time by
the Valley County Commisioners.
(D) Nullification:
A sign permit shall become null and void if the work for which
the permit was issued has not begun within a period of one
hundred twenty (120 ) days from the date of the permit.
(E) Permit Exceptions: The following operations shall not be con-
sidered as creating a sign and therefore, shall not require a
sign permit:
1. Replacing Copy
The changing of the advertising copy or message on an ap-
proved painted or printed sign or on a theatre marquee and
similar approved signs which are specifically designed for
the use of replacable copy.
2. Maintenance
Painting, repainting, cleaning and other normal maintenance
and repair of a sign or a sign structure unless a structural
change is made.
3. Temporary Signs
Signs indicated in Section 13-3 (Temporary Signs) and 13-4
(exemptions), are also exempt from permit requirements.
14-9: STRUCTURAL REQUIREMENTS: All signs shall comply with the
pertinent requirements of the building code of Valley County.
14-10: INSPECTION, REMOVAL, SAFETY:
(A) Inspection:
Signs for which a permit are required may be inspected period-
ically by the building inspector for compliance with this and
other codes of Valley County.
(B) Maintenance:
All signs and components thereof shall be kept in good repair
and in safe, neat, clean and attractive condition.
(C) Removal of Sign:
The building official may order the removal of any sign erected
or maintained in violation of this code. He shall give thirty
(30) days notice in writing to the owner of such sign, or of the
building, structure or premises on which such sign is located,
to remove the sign or to bring it into compliance. The building
inspector may remove a sign immediately and without notice if,
in his opinion, the condition of the sign is such as to present
an immediate threat to the safety of the public.
(D) Abandoned Signs:
1. A sign shall be removed by the owner of lessee of the premises
upon which the sign is located when the business which it
advertises is no longer conducted on the premises. If the
owner or lessee fails to remove it, the building inspector
shall give the owner or lessee fifteen (15) days written
notice to remove it. Upon failure to comoly with this
notice, the building official or his duly authorized repre-
sentative may remove the sign at cost to the owner.
2. Where a successor to a defunct business agrees to maintain
the signs as provided in this code, this removal requirement
shall not apply.
CHAPTER 15
SUPPLEMENTARY REGULATIONS
SECTION:
15-1: Purpose
15-2: General Requirements
15-3: Exceptions
15-4: Off -Street Parking
15-5: Parking Space Requirements
15-1: PURPOSE: To establish standards applicable to all use
districts which will:
(A) Protect and promote the health, safety and welfare of all
residents and visitors
(B) Prevent excessive detrimental environmental impact from
development
(C) Preserve and improve the visual character of all lands within
the jurisdiction of the City of McCall
15-2: 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 vibra-
tion, refuse matter or water -carried waste.
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, pre-
serving natural features such as streamside environments
and vegetation.
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.
(C) No parcel shall be created subsequent to the effective
date of this Ordinance which is occupied by existing dwell-
ing 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 any operation,
material or activity which constitutes a potential threat to
public health, safety and welfare or to the quality of the
environment. When requiring such a statement the precise
nature of the items to be included in the Environmental
Impact Statement shall be indicated.
(E) 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 appro-
priate for the particular uses involved. In addition, all
construction on these properties shall meet the buildings
procedures and standards outlined in Section 18-1 (Permits
and Applications), and the Valley County building regula-
tions.
15-3: 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 Ord-
inance, unless they are located within the 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 similar projections.
(C) Cornices, eaves, canopies, gutters, chimneys, flues, and
other similar architectural features shall not project more
than twenty-four (24) inches into a required yard.
15-4: 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 exist-
ing use or is added to an existing use, the parking space
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 eliminated 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.
(C) In cases where the provisions of off-street parking to meet
these requirements is not feasible with the parcel size or
location, the applicant may be allowed to meet these require-
ments at any other location within two hundred (200) feet
of the parcel where the use is proposed, provided that the
requisite number of parking spaces at such location are
under the control of the applicant and devoted exclusively
to parking uses in connection with the development for which
the application is made; and provided further, that recorded
easement of other interest is created in the land at such
other location that assures permanent use of such other
location for such parking purposes.
(D) Driveway connections to public streets shall conform to
standards of design and construction established by Valley
County.
(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 (120) feet long.
(F) All proposed private streets shall conform to county stan-
dards for public streets specified in subdivision regula-
tions.
(G) No residential building may be constructed on a parcel
that is in excess of six hundred (600) feet of traveling
distance from a public thoroughfare, or is in excess of
three hundred (300) feet of traveling distance from vehicu-
lar access adequate for fire protection vehicles, refuse
collection vehicles, moving vans, or other standard service
vehicles unless said parcel is located in the Agricultural
District.
(H) Parking spaces for other permitted or special uses not listed
in this section shall be determined by the Planning and
Zoning Commission.
15-5: PARKING SPACE REQUIREMENTS: For the purpose of this
Ordinance, the following parking space requirements
shall apply:
TYPE OF USE PARKING SPACE REQUIRED
(A) Residential
1. Single-family or two (2)
family dwelling
2. Apartments, or multi-
family dwelling
3. Boarding houses, rooming
houses, dormitories and
fraternity houses which
have sleeping rooms
4. Mobile home park
(B) Commercial
1. Automobile service garages
which also provide repair
2. Hotels, motels
3. Funeral parlors, mortuaries
and similar type uses
4. Dining rooms, restaurants,
taverns, night clubs, etc.
5. Retail stores
6. Banks, financial institu-
tions and similar uses
7. Offices, public or profes-
sional administration of
service buildings
8. All other types of business
or commercial uses permit-
ted in a business district
Two (2) for each unit
Two (2) for each unit
One (1) for each sleeping
room or one (1) for each
permanent occupant
One (1) for each unit plus
one (1) space for each five
(5) units
One (1) for each two (2)
gasoline pumps and two (2)
for each service bay
One (1) per each sleeping
room plus one (1) space for
each two (2) employees
One (1) for each one hundred
(100) sq. ft.of floor area in
slumber rooms, parlors or
service rooms
One (1) for each two hundred
(200) sq. ft. of floor area
One (1) for each two hundred
and fifty (250) sq. ft floor
area
One (1) for each two hundred
(200) sq. ft. of floor area
One (1) for each four hundred
(400) sq. ft. of floor area
One (1) for each three hun-
dred (300) sq. ft. of floor
area
TYPE OF USE
(C) Recreation or Entertainment
1. Bowling Alleys
2. Dance floors, skating
rinks
3. Outdoor swimming pools
public or community
or club
4. Auditorium, sports arenas,
theaters and similar uses
(D) Institution
1. Churches and other places
of religious assembly
2. Hospitals
3. Sanitariums, homes for the
aged, nursing homes, children
homes, asylums and similar
4. Medical and dental clinics
5. Libraries, museums and
art galleries
(E) Schools (Public, Parochial, or
1.
Elementary and Jr. High
schools
PARKING SPACE REQUIRED
Four (4) for each alley or
land plus one (1) additional
space for each one hundred
(100) sq. ft. of the area
used for restaurant, cocktail
lounge or similar use
One (1) for each one hundred
(100) sq. ft. of floor area
used for the activity
One (1) for each five (5)
persons capacity plus one
(1) for each (4) seats or
one (1) for each thirty (30)
sq. ft. floor area used for
seating purposes whichever
is greater.
One (1) for each four (4)
seats
One (1) for each five (5)
seats
One (1) for each bed
One (1) for each two
One (1) for every two
sq. ft. floor area of
ation, treating room,
and waiting room
(2) beds
hundred
examin-
office
One (1) for each four hun-
dred sq. ft. floor area
Private)
Two (2) for each teaching
station for staff and inci-
dental use. One for each
three (3) seats of capacity
for school events.
2. High schools One (1) for every ten (10)
TYPE OF USE PARKING SPACE REQUIRED
3. Kindergartens, child care
centers, nursery schools and
similar uses
4. Business, technical and
trade schools
5. Colleges, universities
(F) Manufacturing
1. All types of manufacturing,
storage and wholesale uses
permitted in any manufactur-
ing district
2. Express, parcel delivery
and freight terminal
students and one
each teacher and
Two
but
for
(1) for
employee
(2) for each classroom
not less than six (6)
the building
One (1) for each two (2)
students
One (1) for each four (4)
students
One (1) for every_.two j2)
employees (on the largest
shift for which the building
is designed) plus one (1)
for each motor vehicle used
in the business
One (1) for every two (2)
employees (on the largest
shift for which the building
is designed) and one (1) for
each motor vehicle maintained
on the premises
o o
16-2: NON -CONFORMING USES:
(A) A non -conforming use of land, building, or other structures may
continue to the extent such use existed on the effective date of
Ordinance or any amendments hereto, as provided in this section;
provided however, that the Planning Commission may, after hearing,
recommend to the County Commissioners the termination of a non -conforming
use that creates substantial danger to public health, safety or welfare.
(B) If any non -conforming use ceases for any reason for a continuous
period of twelve (12) calendar months, or for one season if the use
be seasonal, then such use shall not be resumed and any use of the
land and/or building thereafter shall be in full conformity with
the provisions of this Ordinance.
(C) If a structure containing a non -conforming use is destroyed by any
cause to an extent exceeding eighty percent (80%) of the replacement
value, a future structure and use on the site shall conform to this
Ordinance.
(D) Any building lawfully in existence and vacant at the time of adoption
of this Ordinance may, within six (6) months thereafter, be occupied
by the use for which it was manifestly designed or arranged.
(E) Nothing contained in this Ordinance shall require any change in the
plans, construction, alteration, or designated use of a structure
for which a permit has been issued and construction work has commenced
prior to the adoption of this Ordinance, except that if the building
is non -conforming or is intended for a non -conforming use it shall be
completed and in use within two years from the time the permit was
issued or the right to a non -conforming use shall be lost.
0 o
CHAPTER 16
NON -CONFORMING USES
SECTION:
16-1: Non -Conforming Buildings and Structures
16-2: Non -Conforming Uses
16-1: NON -CONFORMING BUILDINGS AND STRUCTURES:
(A) Buildings and structures that do not conform to the regulations or the
nature of the Use Districts established by this Ordinance which lawfully
existed, or upon which construction had begun under valid permits, on the
effective date of this Ordinance, or which are to be created in connection
with a subdivision under construction, the final plat of which was recorded
within five years prior to the effective date of this Ordinance, are now
conforming. Such buildings and structures may be maintained, transferred
and sold; provided however, that the Planning Commission may, after hearing,
recommend to the Commissioners the termination of a non -conforming use that
creates substantial danger to public health, safety and welfare.
(B) Ordinary maintenance and repairs may be made to any non -conforming building
or structure, provided however, that no structural alterations are made,
the building or structure is not enlarged, and the cost of work does not
exceed twenty percent (20%) of the replacement cost of the building or
structure in the current year.
(C) A non -conforming building or structure that is damaged or destroyed may
not be reconstructed other than in accordance with the provisions of this
Ordinance unless the cost of reconstruction does not exceed fifty percent
(50%) of the replacement cost of such building or structure prior to the
damage having occurred, exclusive of foundations. Where reconstruction is
permissible, reconstruction shall be completed within one (1) year from the
date of damage or destruction and the building, as reconstructed, shall
have no greater floor area than it had prior to being damaged. Where
reconstruction is prohibited, the remaining portion of the non -conforming
building or structure shall be removed or brought into conformity with the
requirements of this Ordinance.
(D) Any commercial building located on a lot of less than 6,000 square feet
in the General Commercial District may be rebuilt to its existing size
subject to the condition that the front setback line shall be enforced
and the building size decreased to provide for the setback.
a 0
CHAPTER 17
PERMITS AND APPLICATIONS
SECTION:
17-1: Building Permit
17-2: Application for Building Permit
17-3: Application to Reclassify a Zoning District
17-4: Special Use Permit
17-5: Application for a Special Use Permit
17-6: Standards Pertaining to Special Uses
17-7: Procedures
17-1: BUILDING PERMIT: No building, residence, or structure 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.
17-2: APPLICATION FOR A BUILDING PERMIT:
(A) The applicant shall file a written application on a form provided by the
office of the County Assessor. Such application shall indicate the
intended use or change of use.
(B) Two (2) copies of the following shall also be submitted:
1. A plot plan of the property drawn to scale, showing street and
street number, or lot number, properties and major physical features
such as rivers, lakes and gulleys; all existing and proposed structures,
yards and parking areas; setback dimensions, and arrow indicating North.
2. Floor plans and building sections showing layout, structural details,
and exterior materials and colors when the proposed project involves
new construction or alterations to an existing structure.
3. Additional plans or documents if requested by the County Engineer.
(C) The applicant will investigate the need for and pursue approval by any
other concerned agencies or departments, such agencies may include but
are not limited to:
1. State Highway Department - opening on to State Highway.
2. State Health Department - wells, septic tanks, eating establishments.
3. Water -Sewer and/or Payette Lakes Water and Sewer District.
4. Fire Department - McCall Fire Department.
5. Electrical Inspector - Contact State Electrical Inspector.
6. Plumbing Inspector - Idaho Labor & Industrial Services -Public Safety
Department -317 Main St. Room 400 -Boise, Idaho Phone 384-3442.
7. Building Inspector - County Building Inspector.
8. State Land Office - Mc Call Branch.
(D) The County Engin shall check the application aall data submitted
therewith to see hat all provisions, purposes and standards of this
Ordinance will be complied with. If such a compliance is established, the
permit shall be issued and a written record kept of the Engineer's action.
(E) If the application does not comply with the provisions of the Ordinance,
the County Engineer may accept with conditions or deny the application
for a building permit, setting forth the reasons for such conditional
acceptance or denial in writing, if the applicant so requests.
(F) After one year from the date of issuance building permits shall become
invalid if the proposed use or construction has not commenced or does
not continue at a reasonable rate or is suspended or abandoned for a
period of one hundred eighty (180) days.
17-3: APPLICATION TO RECLASSIFY A ZONING DISTRICT: Applications to
reclassify a Zoning District shall be as specified in Chapter 20
(Amendment Procedures).
17-4: SPECIAL USE PERMITS: The purpose of the "Special Use Permit"
procedure is to assure the proper integration of uses into the community
which may be suitable only in a specific location, or only under certain
conditions, or only if such uses are designed, arranged and/or conducted
in a particular manner, and to prohibit such uses if proper integration
cannot be assured.
17-5: APPLICATION FOR A SPECIAL USE PERMIT: An application for a
Special Use Permit shall be filed and processed according to the following
procedure:
(A) The applicant shall file a written application on a form provided by the
Planning Commission. Such application shall be accompanied by:
1. Legal description of the property.
2. A plot plan of the property, drawn to scale, showing the following
information:
a. Relationship of the proposed development to the Comprehensive Plan.
b. The relationship of the property to the surrounding area.
c. The plan of subdivision or resubdivision, if any.
d. Land uses, building location, and number of dwelling units.
e. The arrangement of streets and pedestrian ways.
f. The location of off-street parking spaces and loading or service areas.
g. The location of public or communal open space.
h. Plans for site grading and landscaping.
i. Plans for water supply, sewage disposal, and storm water drainage.
j. Such additional information as the Commission may request.
3. A narrative statement evaluating the effects on adjoining property; the
effect of such elements as noise, glare, odor, fumes and vibration on
adjoining property; a discussion of the general compatibility with
adjacent and other properties in the district; and the relationship of the
proposed use to the Comprehensive Plan.
4. Statements by all property owners within 300' of subject property.
(B) Upon receipt of a request for a Special Use Permit the Planning Commission
shall set the date for and hold a public hearing and subsequently make
recommendations to the County Commissioners for approval or denial of the
request in accordance with the provisions set forth in Chapter 19.
(Procedures, Appeals, and Action by Affected Persons).
CHAPTER 18
VARIANCE
SECTION:
18-1: Variance
18-2: Application and Standards for Variance
18-3: Supplementary Conditions and Safeguards
18-4: Procedures
18-1: VARIANCE: The Planning Commission may recommend to the County
Commissioners, after public hearing, in specific cases such
variance from the terms of this ordinance as will not be contrary to
the public interest where, owing to special conditions, a literal en-
forcement of the provisions of this ordinance would result in unnecessary
hardship. No non -conforming use of neighboring lands, structures, or
buildings in other districts shall be considered grounds for issuance
of a variance. Variances shall not be granted on the grounds of con-
venience or profit, but only where strict application of the provisions
of this ordinance would result in unnecessary hardship.
(A) A variance from the terms of this Ordinance shall be granted only
upon a showing of undue hardship by the applicant and if it is
found that because of special circumstances applicable to this
property, including size, shape, topography, location, traffic
conditions, or surroundings, strict application of the use reg-
ulations would:
1. Deprive such property of privileges injoyed by other property
in the vicinity.
2. Render the land economically useless.
3. Clearly not be in conflict with the public interest.
(B) A variance from the terms of this Ordinance shall not be granted
by the Planning Commission unless and until a written application
for a variance is submitted to the Commission containing:
1. Description of the nature of the variance requested.
2. A narrative statement demonstrating that the requested
variance conforms to the following standards:
a. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures,
or buildings in the same district.
b. That special conditions and circumstances do not result
from the actions of the applicant.
c. That granting the variance requested will not confer on
the applicant any special privilege that is denied by
this Ordinance to other lands, structures, or buildings
in the same district.
3. Post office addresses of all persons entitled to notice.
(C) A variance shall not be granted unless the Commission makes spec-
ific findings of fact based directly on the particular evidence
presented to it which support conclusions that the above mentioned
standards and conditions have been met by the applicant.
"
1 8 - 3 : S U P P L E M E N T A R Y C O N D I T I O N S A N D S A F E G U A R D S : U n d e r n o c i r -
c u m s t a n c e s s h a l l t h e P l a n n i n g C o m m i s s i o n g r a n t a v a r i a n c e
t o a l l o w a u s e n o t p e r m i s s i b l e i n t h e d i s t r i c t i n v o l v e d , o r a n y u s e
e x p r e s s l y o r b y i m p l i c a t i o n p r o h i b i t e d b y t h e t e r m s o f t h i s o r d i n a n c e
i n s a i d d i s t r i c t . I n g r a n t i n g a n y a p p e a l o r v a r i a n c e , t h e C o m m i s s i o n
m a y p r e s c r i b e a p p r o p r i a t e c o n d i t i o n s a n d s a f e g u a r d s i n c o n f o r m i t y
w i t h t h i s o r d i n a n c e . V i o l a t i o n o f s u c h c o n d i t i o n s a n d s a f e g u a r d s ,
w h e n m a d e a p a r t o f t h e t e r m s u n d e r w h i c h t h e v a r i a n c e i s g r a n t e d ,
s h a l l b e d e e m e d a v i o l a t i o n o f t h i s O r d i n a n c e .
1 8 - 4 : P r o c e d u r e s ; u p o n r e c e i p t o f a n a p p l i c a t i o n f o r a v a r i a n c e
t h e P l a n n i n g C o m m i s s i o n s h a l l p r o c e e d i n a c c o r d a n c e w i t h t h e
p r o v i s i o n s e t f o r t h i n C h a p t e r 1 9 . ( P r o c e d u r e s , A p p e a l s , a n d A c t i o n
b y A f f e c t e d P e r s o n s ) .
Q CHAPTER 19
PROCEDURES, APPEALS, AND ACTION BY AFFECTED PERSONS
SECTION:
19-1: General
19-2: Notice of Public Hearing
19-3: Public Hearing
19-4: Action by the Planning Commission
19-5: Notification to Applicant
19-6: Action by the County Commissioners
19-7: Administrative Appeals
19-8: Stay of Proceedings
19-9: Appeal to the County Commissioners
19-10: Request for Hearing by Affected Persons
19-11: Environmental Impact
•
19-1: GENERAL: Upon receipt of a request for Amendment of the Zon-
ing Ordinance, Reclassification of a Zoning District, Variance,
Special Use Permit, or an Appeal by Affected Persons the Planning Com-
mission shall set the date for and hold a public hearing, and subse-
quently make recommendations to the County Commissioners and notify the
applicant(s) as outlined in the following provisions, Section 19-2
through 19-5.
19-2: NOTICE OF PUBLIC HEARING: Upon receipt of the application for
.Amendment to the Zoning Ordinance, reclassification of a Zoning
District Variance, Special Use Permit, or an Appeal, the Planning Com-
mission shall hold at least one public hearing on each application. The
date for such public hearing shall be fixed by the Planning Commission
within a reasonable time and in no case shall the date set be later
than forty (40) days after the receipt of the application and all nec-
essary documents pertinent thereto.
(A) The Planning Commission whall give at least fifteen (15) days prior
to notice to the public in a newspaper of general circulation in
Valley County. Notice whall also be made available to all radio
stations within the county for use as a public service announcement.
(B) Notice shall also be given by regular U.S. Mail or personal de-
livery to each property owner whose name and address appears on
the list accompanying such application and all others as required
by state law to be entitled to notice. The notice shall give the
date, time and place of the hearing, the name(s) of the applicant(s)
the relief sought, an identification of the subject property, and
such other facts as may be presecirbed by the Planning Commission.
(C) A Filing fee of $25.00 will accompany each application for Public
Hearing and an additional amount will be paid by the applicant
for actual cost of notice mailing and publication prior to mail-
ing or publication.
NOTE: Most hearings on Variance, Notification of Action, Amend-
ments to Comprehensive Plan, Zoning Reclassification and Annex-
ation require hearings by both the Planning and Zoning Commission
1
and the Board of County Commissionersthus 2 filing fees and post-
age and publication fees are required.
19-3: PUBLIC HEARING: Prior to any action on a request for an
Amendment to the Zoning Ordinance, Reclassification of Zoning
District, Variance, Special Use Permit, or an Appeal by Affected Per-
sons the Planning Commission shall hold at least one (1) public hearing
in which interested persons shall have the opportunity to be heard.
19-4: ACTION BY THE PLANNING COMMISSION: Within thirty (30) days
after the public hearing the Planning Commision shall recom-
mend to the County Commissioners either approval, conditional approval
or disapproval, the request for a Reclassification of a Zoning District,
Variance, or Special Use Permit.
(A) Upon granting or denying an application the Commission shall
specify in the minutes:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain
a permit.
(B) Within thirty (30) days after a public hearing for Appeal by Af-
fected Persons the Planning Commission shall make a recommendation
to the County Commissioners for final action.
19-5: NOTIFICATION TO APPLICANT: Within ten (10) days after a de-
cision has been rendered the Chairman of the Planning Commis-
sion shall provide the applicant with written notice of the action by
regular mail if so requested by the applicant.
19-6: ACTION BY THE COUNTY COMMISSIONERS:
(A) The County Commissioners at its next regular meeting following
the receipt of the Planning Commission's report shall consider
and act upon the recommendation of the Commission.
(B) Upon granting or denying an application the County Commissioners
shall specify in the minutes:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain
a permit.
(C) In the event the County Commissioners shall approve an amendment,
such amendment shall thereafter be made a part of this Ordinance
upon the preparation and passage of an ordinance. The third and
final reading of the ordinance shall be the public hearing of
the Council.
19-7: ADMINISTRATIVE APPEALS: The Planning Commission shall con-
sider administrative appeals where it is alleged that an
error has been made by the Commission.
(A) Appeals to the Commission concerning interpretation or administra-
tion of this Ordinance may be taken by any person aggrieved or by
any officer or bureau of the legislative authority affected by
any decision of the Planning Commission. Such appeal shall be
taken within thirty (30) days after the decision of the Commission
by filing a notice of appeal with the County Clerk, specifying
the ground upon which the appeal is being taken. The Commission
shall review all the papers constituting the record upon which
the action appealed from was taken.
(B) The County Clerk shall notify the chairman of the Planning Commis-
sion within five (5) days of receipt of the appeal.
19-8: STAY OF PROCEEDINGS: An appeal stays all proceedings in fur-
therance of the action appealed from unless the Commission
finds after the notice of appeal is filed, that by reason of facts
stated in the application, a stay would, in its judgement, cause im-
minent peril to life and property. In such case, proceedings shall
not be stayed other than by order of the County Commissioners.
19-9: APPEAL TO THE COUNTY COMMISSIONERS: Upon receipt of an
appeal from the action of the Planning Commission, the
County Commissioners shall set a hearing date to consider all inform-
ation, testimony and the Commission's minutes of the public hearing
to reach a decision to uphold, conditionally uphold or overrule the
Commission by a favorable vote of one-half (2) plus one (1) of the
full Board of County Commissioners.
19-10: REQUEST FOR HEARING BY AFFECTED PERSONS: An affected person
shall mean one having an interest in real property which may
be adversely affected by the issuance or denial of a requested permit.
(A) Any affected person may at any time prior to final action on Re-
classification of a Use District, Special Use Permit, or Variance
Permit, if no hearing has been held on the application, petition
the Planning Commission or the County Commissioners in writing
to hold a hearing as required in Section 19-1 provided, however,
that if twenty (20) affected persons petition for a hearing, the
hearing shall be held.
(B) An affected person aggrieved by a decision may within sixty (60)
days after all remedies have been exhausted under local ordinances
seek judicial review under the procedures provided by Section
67-5215 (b) through (g) and 67-5216, Idaho Code.
19-11: ENVIRONMENTAL IMPACT: The Planning Commission may require an
Environmental Impact Statement to be submitted prior to the
issuance of any Building, Special Use or Variance Permit when there
is any operation, material or activity which constitutes a potential
threat to public health, safety, and welfare or to the quality of the
environment. When requiring such a statement, the precise nature of
the items that the Environmental Impact Statement shall cover shall
be indicated by the Planning Commission.
'i c.
CHAPTER 20
AMENDMENT PROCEDURES
SECTION:
20-1: General
20-2: Initiation of Zoning Amendments
20-3: Reclassification of Zoning Districts
20-4: Contents of Application
20-5: Procedures
20-6: Resubmission of Application
20-7: Compliance With State Laws
20-1: GENERAL:Whenever the public necessity, convenience, general
welfare, or good zoning practices require, this Ordinance
may, by ordinance adopted by the governing board of the City
of McCall and Valley County, pursuant to the provisions of
Section 67-6526 (d) and (e), Idaho Code, following the notice
and hearing procedures provided in Section 65-6509, Idaho
Code.
20-2: INITIATION OF ZONING AMENDMENTS: Amendments to this Ordinance
may be initiated in one of the following ways:
1. By adoption of a motion by the Planning Commission of the
City of McCall or the County of Valley.
2. By adoption of a motion by a governing board of the City or
the County.
3. By the filing of an application by a property owner or a
person who has an existing interest in property within the
area proposed to be changed or affected by said amendment.
20-3: RECLASSIFICATION OF ZONING DISTRICTS: When an amendment to
the Zoning Ordinance involves the reclassification of a
Zoning District the following shall apply:
(A) Any person or persons desiring to effect a change in the zoning
classification of a parcel or parcels of land shall file an
application with the Valley County Planning Commission, in
triplicate including the contents listed in Section 20-4 (Con-
tents of Application) and such further information that the
Planning Commission, upon examination of the application, may
require
(B) In the case of a proposed reclassification of land in the Ag-
ricultural District, the applicant(s) shall be required, unless
the requirement is waived by the Planning Commission of both
the City of McCall and Valley County, to submit an impact study,
independently prepared, and covering the social, economic, fiscal,
and environmental impacts of the loss of such open or agricultural
land and of the generally proposed use or uses.
r M�
(C) Upon receipt of a request for Amendment to the Zoning Ordinance
or for reclassification of a Zoning District, the respective
Planning Commissions shall:
1. Determine if the proposed change would also require an
amendment to the Comprehensive Plan to maintain complaince
between the two documents. If the request would require
an amendment to the Comprehensive Plan, the legal notice for
public hearing may include notice for the proposed changes
to both the Comprehensive Plan and the Zoning Ordinance.
2. Set the date for and hold required public hearings and sub-
sequently make recommendations to the governing boards of
the City and County for approval or denial of the request
in accordance with the provisions set forth in Chapter 19,
(Procedures, Appeals, and Action by Affected Persons).
20-4: CONTENTS OF APPLICATION: Applications for amendments to
the Comprehensive Plan and/or Reclassification of Zoning
Districts shall contain at least the following information:
(A) Name, address, and phone number of applicant.
(B) Proposed amending ordinance, approved as to form by the governing
boards of the City and County.
(C) Present land use.
(D) Present Zoning District.
(E) Proposed use.
(F) Proposed Zoning District.
(G) A vicinity map at a scale to sufficiently illustrate the property
in question and surrounding properties, roads, and geographical
features and including the following:
1. North arrow
2. Scale
3. Names of adjacent property owners on the respective parcels.
4. Existing and proposed zoning.
5. Other items as the Commissions may require.
(H) A list of all property owners and their mailing addresses who
are within three hundred (300) feet of the external boundaries
of the land being considered.
(I) A statement of how the proposed changes relate to the Comprehensive
Plan, availability of public facilities and compatibility with
the surrounding area.
"
A
4 0 A
( J ) A f e e w i l l a c c o m p a n y e a c h a p p l i c a t i o n a s i n C h a p t e r 1 9 , 1 9 - 2 ( C ) .
f t
2 0 - 5 : P R O C E D U R E S : U p o n r e c e i p t o f a n a p p l i c a t i o n t o A m e n d
t h e Z o n i n g O r d i n a n c e o r t o R e c l a s s i f y a Z o n i n g D i s t r i c t
t h e P l a n n i n g C o m m i s s i o n s h a l l p r o c e e d i n a c c o r d a n c e w i t h
t h e p r o c e d u r e s o u t l i n e d i n C h a p t e r 1 9 , ( P r o c e d u r e s , A p -
p e a l s , a n d A c t i o n b y A f f e c t e d P e r s o n s ) a n d t h e p r o -
c e d u r e s o u t l i n e d i n C h a p t e r 1 9 s h a l l b e f o l l o w e d b y
t h e P l a n n i n g a n d Z o n i n g C o m m i s s i o n o f b o t h t h e C i t y
a n d t h e C o u n t y a n d b y t h e g o v e r n i n g b o a r d s o f b o t h
s u c h C i t y a n d C o u n t y .
2 0 - 6 : R E S U B M I S S I O N O F A P P L I C A T I O N : N o a p p l i c a t i o n f o r a
r e c l a s s i f i c a t i o n o f a n y p r o p e r t y w h i c h h a s b e e n d e n i e d
b y t h e g o v e r n i n g b o a r d s s h a l l b e r e s u b m i t t e d i n e i t h e r
s u b s t a n t i a l l y t h e s a m e f o r m o r w i t h r e f e r n c e t o s u b -
s t a n t i a l l y t h e s a m e p r e m i s e s f o r t h e s a m e p u r p o s e s w i t h -
i n a p e r i o d o f o n e ( 1 ) y e a r f r o m t h e d a t e o f s u c h f i n a l
a c t i o n , u n l e s s t h e r e i s a n a m e n d m e n t i n t h e C o m p r e -
h e n s i v e P l a n w h i c h r e s u l t e d f r o m a c h a n g e i n c o n d i t i o n s
a s a p p l y i n g t o t h e s p e c i f i c p r o p e r t y u n d e r c o n s i d e r a t i o n .
2 0 - 7 : C O M P L I A N C E W I T H S T A T E L A W S : I f t h e r e i s a c o n f l i c t b e -
t w e e n C h a p t e r 6 5 o f T i t l e 6 7 I d a h o C o d e , a n d t h e p r o -
v i s i o n s o f t h i s O r d i n a n c e , c o m p l i a n c e w i t h C h a p t e r 6 5
o f T i t l e 6 7 I d a h o C o d e s h a l l p r e v a i l .
CHAPTER 21
ENFORCEMENT
SECTION:
21-1 GENERAL
21-2 VIOLATIONS
21-3 PENALTIES'
21-1: GENERAL: The Board of Valley County Commissions are
charged with enforcement of this ordinance.
21-2: VIOLATIONS: Any person, firm or corporation, whether as
principal, agent, employee, or otherwise, violating or causing or
permitting the violation of any of the provisions of this Ordinance,
shall be guilty of a misdemeanor, and necessary legal preceddings,
criminal or civil, shall be undertaken to correct the violation and
punish the same.
21-3: PENALTIES:
(A) Each violation of these regulations shall be a misdemeanor. Each
day a violation continues after notification of violation shall con-
stiture a separate offense, and each violation shall be punishable as
provided in Section 18-113, Idaho Code.
(B) In the event any action is taken or any construction commenced
in violation of the provisions of this Ordinance, the proper authorities
in addition to other remedies, may constitute any appropriate action
or proceeding to prevent such unlawful action or construction, to
restrain, correct or abate such violation or to prevent any illegal
act, conduct, business or use in or about such premises.
4 .+» 6 1
CHAPTER 22
SEVERABILITY
SECTION:
22-1 SEVERABILITY
22-1: SEVERABILITY: The provisions of this ordinance are
hereby declared to be serverable and if any provision of this or-
dinance or the application of such provisions to any person or
circumstance is declared invalid for any reason such declaration
shall not effect the validity of the remaining portions of this
ordinance.
Passed and approved this 28th day o _-ptember,
Attest:
AkW42:1
7ty Clerk 7)g)