HomeMy Public PortalAboutOrdinance 1015 Banning Service Stations in Scenic Route ORDINANCE NO. 1015
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE III CHAPTER 2 DEFINITIONS, TO PROVIDE DEFINITIONS FOR AMENDED AND
NEW TERMS; AMENDING TITLE III CHAPTER 3 RESIDENTIAL ZONES AND
STANDARDS, MODIFYING PERMITTED, ADMINISTRATIVELY APPROVABLE,
CONDITIONAL,AND PROHIBITED USES IN RESIDENTIAL ZONES; AMENDING TITLE
III CHAPTER 4 COMMERCIAL ZONES AND STANDARDS, MODIFYING PERMITTED,
ADMINISTRATIVELY APPROVABLE, CONDITIONAL, AND PROHIBITED USES IN
COMMERCIAL ZONES; AMENDING TITLE III CHAPTER 5 INDUSTRIAL AND
BUSINESS PARK ZONES AND STANDARDS, MODIFYING PERMITTED,
ADMINISTRATIVELY APPROVABLE, CONDITIONAL, AND PROHIBITED USES IN
INDUSTRIAL AND BUSINESS PARK ZONES; AMENDING TITLE III CHAPTER 6 CIVIC,
AIRPORT AND AGRICULTURAL/FOREST ZONES, MODIFYING PERMITTED,
ADMINISTRATIVELY APPROVABLE, CONDITIONAL, AND PROHIBITED USES IN
CIVIC, AIRPORT, AND AGRICULTURAL/FOREST ZONES; AMENDING TITLE III
CHAPTER 7 SPECIAL DISTRICTS, ADDING A NEW CHAPTER OF PROBITED USES
WITHIN SCENIC ROUTE OVERLAY ZONES.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO:
Section 1: Title III, Chapters 2, 3, 4, 5, 6, and 7 are amended as described below.
Section 2: All ordinances,resolutions, orders, or parts thereof in conflict herewith are
hereby repealed, rescinded, and annulled.
Section 3. Validity: The McCall City Council hereby declares that any section,
paragraph, sentence,or word of this ordinance as adopted and amended herein be declared for any
reason to be invalid, it is the intent of the McCall City Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of any portion as may be
declared invalid.
Section 4. Savings Clause: This ordinance does not affect an action or proceeding
commenced or right accrued before this ordinance takes effect.
Section 6. Date of Effect This ordinance shall be in full force and effect after its
passage, approval, and publication, according to law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 30th DAY OF MARCH, 2023.
0 OF 1Mec a, Approved:
'��y
"� Robert S. Giles, Mayor
Attest: * = y
By"4./A :��!�__ _/`ie •J %� O`er
:essieJo Wag. , City '� erk 1, IDAne
Page l of 16
Ordinance 1015 Title 3 CA Service Stations
March 30,2023
3.2.02: MEANINGS OF TERMS OR WORDS:
GASOLINE OR DIESEL FUELING ISLANDS: Facilities generally intended for the fueling of
internal combustion automobiles located away from enclosed structures.
SERVICE STATION: Buildings and premises where gasoline, with or without gasoline or diesel
fueling islands, where oil, grease, batteries, tires and motor vehicle accessories may be supplied
and dispensed at retail and where, in addition, light maintenance activities such as engine tuneups,
lubrication, exhaust system repair, minor repairs and carburetor cleaning are conducted. Activities
conducted at a service station shall not include major mechanical and body work, straightening of
body parts, painting, welding or storage of automobiles. Additionally, the sales of cold drinks,
packaged food, tobacco and similar convenience goods for service station customers is permitted,
as accessory and incidental to principal service station operations.
3.3.02: RESIDENTIAL USE REGULATIONS:
(A) Permitted And Conditionally Permitted Uses: The uses identified in table 3.3.02 of this
section shall be the primary uses allowed to occur on a property. All uses, unless otherwise
provided for in this title, shall be conducted within enclosed structures. All uses not listed in table
3.3.02 of this section require review by the commission and a conditional use permit. The primary
uses identified in table 3.3.02 of this section shall be permitted or conditionally permitted as
indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
C: Where the symbol C appears, the use shall be permitted subject to the issuance of a conditional
use permit in accordance with section 3.13.03 of this title.
Where no symbol, or a dash, appears, the use is not permitted.
TABLE 3.3.02
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN RESIDENTIAL
ZONES
Allowed Use RR RE R1 R4 R8 R16
4
Accessory structure P P P P P P
Accessory use, residential P P P P P P
Agricultural structure A A A C C C
Agricultural use P P C - - -
Amusement or recreation facility, indoor (only) - - - - - -
Animal clinic, animal hospital, or veterinary office C C C - - -
Animals, large or common farm animals A A A - - -
Animals, small farm animals P P P P A A
Antenna, private P P P P C C
Antenna, public A A A A A A
Page 2 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
Automotive, hobby A A A A A A
Camp C C C C C C
Care center C C C C C C
Cemetery C C C C C C
Children's treatment facility C C C C C C
Church C C C C C C
Clinic C C C C C C
Club or lodge or social hall C C C C C C
Convenience store C C C C C C
Drug and alcohol treatment facility C C C - - -
Dwelling, multi-family - - - C P P
Dwelling, rooming house C C C C C C
Dwelling, short term rental, occupancy less than 20 A A A A A A
persons
Dwelling, short term rental, occupancy 20 or more C C C C C C
persons
Dwelling unit, accessory (including guesthouses) P P P P P P
Dwelling unit, local housing P P P P P P
Dwelling unit, principal (single-family) P P P P P P
Foster home, group C C C C C C
Golf course and country club C C C C C C
Home occupation P P P P P P
Kennel C C C - - -
2
Large scale retail business - - - - - -
Mortuary C C - - - -
Nursery, wholesale (only) P - - - - -
Nursing facility, skilled C C C C C C
Professional office C C C C C C
Public parks, recreation areas, easements, trails A A A A A A
Recreational vehicle park C C C C C C
Rental store and storage yard C C C - - -
Restaurant C C C C C C
3
Restaurant, formula - - - - - -
Retail business C C C C C C
1
Retail, formula - - - - - -
Retirement or assisted living home C C C C C C
Roadside produce stand A A A - - -
Page 3 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
School, public or private C C C C C C
Service retail business C C C C C C
Service Station - - - - - -
Stable or riding arena, commercial C C - - - -
Storage facility, self-service C C C - - -
Storage yard (outdoor) C C C - - -
Temporary Food Vendor - - - A A A
Temporary Merchandise Vendor - - - C C C
Temporary Vendor Court - - - C C C
Temporary living quarters A A A A A A
Wireless communication facility, major C C C C
Wireless communication facility, small scale A A A A A A
Notes:
1. See section 3.8.18 of this title for limitations on retail, formula.
2. See subsection 3.8.02(E) of this title.
3. See section 3.8.17 of this title for limitations on restaurants, formula.
4. See Section 3.8.11 of this title for limitation on size and requirements of design review.
5. A conditional use permit is required for any Short-Term Rental with occupancy of eleven
(11) persons or more.
3.4.02: PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN
COMMERCIAL ZONES:
(A) Permitted And Conditionally Permitted Uses: The uses identified in table 3.4.02 of this
section, uses within commercial zones, shall be the primary uses allowed to occur on a property.
All uses, unless otherwise provided for in this title, shall be conducted within enclosed structures.
For example, some businesses, such as a gas station or car wash, will have a portion of a use
outside the primary structure. All uses not listed in table 3.4.02 of this section require review by
the commission and a conditional use permit. The primary uses identified in table 3.4.02 of this
section may be permitted or conditionally permitted as indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
C: Where the symbol C appears, the use may be permitted subject to the issuance of a
conditional use permit in accordance with section 3.13.03 of this title.
Where no symbol, or a dash, appears, the use is not permitted.
Page 4 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
TABLE 3.4.02
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN COMMERCIAL
ZONES
Allowed Use NC CC CBD
Adult entertainment establishment - - -
Agricultural or garden use, without farm animals P P P
Amusement or recreation facility, indoor C P P
Amusement or recreation facility, outdoor C A C
Animal boarding with outside runs C C -
Animal clinic, animal hospital, or veterinary office C P P
Animals, small farm animals A A A
Antenna, private A A C
Antenna, public A A A
Auction establishment, outdoor C C C
Automobile, major repair - C -
Automobile or recreational vehicle sales or service (used or new), indoor C P C
Automobile or recreational vehicle sales or service (used or new), outdoor - C -
Bank P P P
Bar, brewpub, or nightclub C P P
Camp - C -
Car wash C C C
Care center P P P
Cemetery C C -
Church C P P
Clinic, medical (excluding animal or veterinary) P P P
Club or social hall C P P
Contractor's yard or shop - C -
Convention facility - C P
Crematory - C -
Drive-up window service - C -
Dry cleaning facility - C C
Dwelling, accessory A P P
Dwelling unit, local housing P P P
Dwelling unit, seasonal housing A A A
1,2 1,2
Dwelling, multi-family P P P
Dwelling, rooming house C P P
1 1,2
Dwelling, single-family P PP
Page 5 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
Farm, garden, lumber, or building supply store C P P
Hotel or motel C P P
Kennel, commercial C C -
3
Large scale retail business - - -
Laundromat P P P
1
Mixed use Use procedure of
most restrictive use
Mortuary P P -
Nursery, retail (only) P P P
1 1 1
Off street parking facility when not accessory C P C
Office, temporary construction A A A
Package and letter delivery service C P P
Personal, business, or professional service P P P
Portable classroom A A A
Professional offices P P P
Public parks, recreation areas or easements, and trails P P P
Public service facility C C C
Radio and television broadcasting station P P P
Recreational vehicle park C C -
Recycling center P P -
Rental or retail store with outdoor storage or display yard C C C
Rental or retail store without outdoor storage or display yard P P P
Research and development facility P P P
Restaurant P P P
4
Restaurant, formula P P P
2
Retail, formula P P P
Retail sales relating to an approved use A A A
Retirement or assisted living home P P P
School, public or private P P P
School, vocational or trade P P P
Service retail business A A A
Service Station, without gasoline or diesel fueling islands C C -
Service station, with gasoline or diesel fueling islands C- C -
Storage facility, self-service - C -
Storage yard (outdoor) - C -
Studio (music, art, dance or similar studio) P P P
Swimming pool, private A A A
Page 6 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
Temporary Food Vendor P P P
Temporary Merchandise Vendor A A P
Temporary Vendor Court A A P
Theater P P P
Transit facility (e.g., bus stop, bus shelter, transit center) P P P
Truck stop - C -
Wireless communication facility, major C C C
Wireless communication facility, small scale A A A
Notes:
1. Subject to subsection 3.4.04(D) of this chapter.
2. See section 3.8.18 of this title for limitations on retail, formula.
3. See subsection 3.8.02(E) of this title.
4. See section 3.8.17 of this title for limitations on restaurants, formula.
5. A conditional use permit is required for any Short-Term Rental with occupancy of eleven
(11) persons or more.
3.5.02: INDUSTRIAL ZONE USE REGULATIONS:
(A) Permitted And Conditionally Permitted Uses: The uses identified in table 3.5.02 of this
section shall be the primary uses allowed to occur on a property. All uses, unless otherwise
provided for in this title, shall be conducted within enclosed structures. For example, some
industrial uses such as recycling centers for storage yards may have a portion of the use not
enclosed. All uses not listed in table 3.5.02 of this section require review by the commission and
a conditional use permit. The primary uses identified in table 3.5.02 of this section shall be
permitted or conditionally permitted as indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
C: Where the symbol C appears, the use may be permitted subject to the issuance of a
conditional use permit in accordance with section 3.13.03, "Conditional Use Permit Standards",
of this title.
TABLE 3.5.02
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN THE
INDUSTRIAL ZONE
Allowed Use I
Antenna, public A
Assembly plants A
Bulk petroleum storage P
Page 7 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
Church C
Craft beverage production with or without tasting room P
1
Dwelling, multi-family C
Dwelling unit1 A
Heavy equipment sales, rental, repair and service C
Indoor recreation P
Industry, extractive C
Large scale retail business3 -
Manufacturing, heavy C
Manufacturing, light P
Professional offices and buildings P
Public service facilities C
Radio, TV and telephone relay stations C
Recycling centers A
Rental store and yard C
Research and development facilities A
Retail, formula2 C
Retail stores, when accessory to a primary industrial use P
Retail stores, when not an accessory to a primary industrial use C
Service Station, without gasoline or diesel fueling islands C
Service Station, with gasoline or diesel fueling islands C
Storage buildings and yards, including contractor A
Storage facility, self-service C
Temporary Food Vendor A
Temporary Merchandise Vendor A
Temporary Vendor Court A
Terminal yards trucking facilities P
Truck and tractor repair facilities P
Vehicle sales P
Vehicle service stations, including truck stop P
Warehouse and wholesaling facilities P
Wireless communication facility, major C
Wireless communication facility, small scale A
Wrecking yards C
Notes:
Page 8 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
1. Housing must be a part of a mixed use project.
2. See section 3.8.18 of this title for limitations on retail, formula.
3. See subsection 3.8.02(E) of this title.
3.5.05: BUSINESS PARK USE REGULATIONS:
The intent of the Business Park Zone is to provide an ideal zone to attract and accommodate new,
high quality, stable businesses and light industries that will foster economic growth and diversify
the economy of McCall. It is critical that all development within this zone be held to a level of
quality that enhances the area as a whole and creates an attractive and desirable environment within
the business park.
(A) Business Park Subzones: To minimize the impacts of Business Park Zone activities where
the zone abuts an existing residential zone, there are two (2) subzones within the Business Park
Zone. The BP-Exterior Zone is located within the first two hundred feet (200') of the perimeter of
the business park property where it abuts an existing residential zone. The purpose of this subzone
is to limit uses to those that will have limited impact on adjacent properties. The more intense uses
that are likely to have greater impacts of noise, vehicular traffic, and activity shall be located in
the BP-Interior Subzone which is located on the interior portion of the site and along boundaries
adjacent to properties with similar permitted uses.
(B) Intent: The intent of the business park use regulation is to:
1. Allow a wide variety of uses that are compatible with each other; and
2. Attract high quality businesses and industries; and
3. Encourage uses that may not be appropriate in the Central Business District, Community
Commercial, or Industrial Zones; and
4. Minimize impacts on adjacent residential zones.
(C) Permitted And Conditionally Permitted Uses: The uses identified in table 3.5.05, "Permitted
And Conditionally Permitted Uses Within Business Park Zones", of this subsection C, shall be the
primary uses allowed to occur on a property. All uses not listed in table 3.5.05 of this subsection
C require review by the commission and a conditional use permit. The primary uses identified in
table 3.5.05 of this subsection C may be permitted or conditionally permitted as indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
C: Where the symbol C appears, the use may be permitted subject to the issuance of a
conditional use permit in accordance with section 3.13.03 of this title.
Where no symbol, or a dash, appears, the use is not permitted.
TABLE 3.5.05
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN BUSINESS PARK
ZONES
Allowed Use BP-BP-
Exterior Interior
Administrative offices P P
Amusement or recreation facility (indoor) C P
Amusement or recreation facility (outdoor) - C
Page 9 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
Animal clinic, animal hospital, or veterinary office C C
Automobile, major repair - C
Bank C P
Bar, brewpub - C
Business support services C P
Call center C P
Clinic, medical P P
Computer, software development, web based business P P
Contractor's yard or shop C C
Convenience store C C
Convention facility, conference center C P
1
Dwelling, attached P C
Dwelling, single-family detached - -
Government or agency offices P P
Industrial, heavy - -
Industrial, light C C
Manufacturing, heavy - -
Manufacturing, light - C
Mixed use C C
Nursery, retail C C
Nursery, wholesale C C
Package and letter delivery service C P
Professional office P P
Public or quasi-public use P P
Public parks, plazas, recreation areas or easements, trails, P P
pathways
Public service facility P P
Radio and television broadcasting station C P
Recycling center (serving business park only) - C
Research and development facility C P
Restaurant C C
Retail business, large scale - C
Retail stores, when ancillary to a primary use2 P P
School, environmental resource center C P
School, university extension C P
School, vocational, technical or trade C P
Service Station C C
Page 10 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
Service retail business P P
Storage facility, outdoor3 - C
Storage facility, self-service C -
Storage facility, warehouse C -
Studio (music, art, dance or similar studio) P C
Temporary Food Vendor P P
Temporary Merchandise Vendor C C
Temporary Vendor Court A A
Transit facility (bus stop, shelter) P P
Warehouse and wholesaling facilities - C
Wireless communication facility, major - C
All other uses not specified C C
Notes:
1. Dwelling units must be part of a mixed use project and only permitted on upper floors. The
maximum allowed density is 40 units per acre.
2. Ancillary uses are secondary uses and activities that are associated with and support the
primary use. They typically require a minor portion of the square footage of the space of the
primary use.
3. All outdoor storage areas shall be completely screened from view from any adjacent street.
CHAPTER 6 CIVIC, AIRPORT AND AGRICULTURE/FOREST ZONES
3.6.02: PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN PUBLIC
ZONES:
(A) Permitted And Conditionally Permitted Uses: Table 3.6.02, identifies the permitted and
conditionally permitted uses within the Public Zones. The primary uses identified in table 3.6.02
of this section shall be permitted or conditionally permitted as indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
C: Where the symbol C appears, the use may be permitted subject to the issuance of a
conditional use permit in accordance with section 3.13.03, "Conditional Use Permit Standards", of
this title.
No symbol, or a dash: The use is not permitted. (Ord. 821, 2-23-2006, eff. 3-16-2006)
TABLE 3.6.02
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN PUBLIC ZONES
Allowed Use AF CV AP
Accessory structure >1,500 square feet A A A
Aeronautical - - P
Agricultural service establishment C - -
Agricultural structure A - -
Page 11 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
Agricultural use P - -
Airport (public ownership) C - P
Animals, small farm animals P A -
Antenna, private A A C
Antenna, public A A A
Assembly plant (light manufacturing) - - C
Camp P - -
Cemetery C P -
Church C C -
Club or lodge or social hall C C -
College or university - C C
Conference or convention center C C -
Dwelling, caretaker for an approved use A A C
Dwelling, single-family detached C P -
13
Dwelling unit - C -
Dwelling unit, local housing A A A
Golf course and country club C C -
Hospital or clinic C A -
Hotel, motel, lodge C C -
Kennel A - -
Library, public - P -
31
Large scale retail business - - -
Livestock facility 300 AU C - -
Manufacturing facility (light) - C C
4,53
Mixed use - C -
Mortuary C A -
Museum C C C
Nursery, wholesale (only) P - -
Nursing facility, skilled - A -
Office building or use, relating to an approved development C A C
Office, temporary construction A A A
Park, public C P P
Pit, mine, or quarry C - C
Portable classroom A A -
Post office or mail delivery service - A -
Power plant C C C
Professional offices or buildings - A C
Page 12 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
Public or quasi-public use C P C
Public service facility C C C
Research and development facility - C C
Restaurant - C C
64
Restaurant, formula - C C
21
Retail, formula - C -
Roadside produce stand A A -
Sanitary landfill, restricted C A -
School, public or private, including vocational C C C
Service Station - - -
Soil or water remediation C - -
Stable or riding school, commercial C C -
Storage building and yard C C C
Swimming pool, private or public A A -
5
Temporary Food Vendor- - -
Temporary living quarters A A C
Temporary Merchandise Vendor - - -
Temporary Vendor Court - A -
Warehousing facility - - C
Winery C - -
Wireless communication facility, major C C C
Wireless communication facility, small scale A A A
Notes:
1. See section 3.8.18 of this title for limitations on retail, formula.
2. See subsection 3.8.02(E) of this title.
3. Residential uses are permitted in mixed use building when the primary use of the ground
floor is a nonresidential use permitted or conditionally permitted in the CV zone.
4. See section 3.8.17 of this title for limitations on restaurants, formula.
5. Temporary food vendors with a concessionaire’s agreement with the City are permitted to
operate within public parks.
(B) All uses not listed in table 3.6.02 of this section shall require review by the Planning and
Zoning Commission and a conditional use permit.
(C) All uses, except for those allowed by subsection 3.8.01(H), "Outdoor Display Areas",
section 3.8.05, "Temporary Uses", of this title, and aircraft parking and light maintenance in the
AP Zone- shall be conducted within enclosed structures.
3.7.03: SCENIC ROUTE ZONE:
3.7.030: PURPOSE:
Page 13 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
The purpose of the scenic route overlay zone is to preserve and enhance the scenic quality of public
collector and arterial streets. (Ord. 821, 2-23-2006, eff. 3-16-2006)
3.7.031: LANDS INCLUDED:
The scenic route zone includes:
(A) One hundred fifty foot (150') wide strips of land bounded by the right of way lines of the
following named streets, and by lines parallel to and one hundred fifty feet (150') away from such
right of way lines, together with any right of way not part of the roadway:
1. State Highway 55, from the southern boundary to the northern boundary of the impact area
(Third Street and Lake Street).
2. East Side Road and East Side Drive from Lick Creek Road to Warren Wagon Road.
3. Warren Wagon Road to the northern boundary of the area of city impact.
4. Lick Creek Road from the intersection of Davis Avenue east to the eastern boundary of the
impact area.
5. Spring Mountain Boulevard from Deinhard Lane to Lick Creek Road.
6. Mission Street and Norwood Road to boundary of the area of city impact.
7. West Mountain Road, including the proposed eastward extension to Boydstun Street or
Deinhard Lane, extended to the western or southern boundary of the area of city impact.
8. South Samson Trail to the boundary of the area of city impact.
(B) Any structure or a portion thereof which may be visible when traveling along the roadways
designated above and any part of which is located within one hundred fifty feet (150') of the nearest
right of way line of a road named in this section or designated pursuant to this section; such a
structure is subject to design review and approval under chapter 16, "Design Review", of this title,
notwithstanding that portions of the structure are not on land that is within this zone. (Ord. 848, 2-
12-2008; amd. Ord. 998, 1-14-2021)
3.7.032: REQUIREMENTS FOR DEVELOPMENT:
Prior to the issuance of a building permit, and prior to any clearing, grubbing, excavation, or other
construction (including removal of any existing structures or improvements), the owner shall apply
for scenic route and design review approval in accordance with the procedure outlined in chapter
16 of this title, which application shall include a site plan as set forth in section 3.8.21 of this title.
A building permit shall neither be issued, nor any such work or construction undertaken, until
approval of the site plan and design approval of proposed structures.
(A) Materials Provided By Applicant: The applicant shall furnish graphic or pictorial material
sufficient to indicate the nature of any proposed development or improvement to include signing
and landscaping, and an indication of obscured views, if any.
(B) Commission Determination: The commission shall ascertain whether the proposed
development, improvement or use will:
1. Block or disrupt the visibility of significant views or features.
Page 14 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
2. Be compatible (in terms of setback, bulk, height, design, finish materials, signing and
landscaping) with its immediate surroundings and the desired visual quality of the scenic route.
(C) Structure Height: The maximum height for any structure is thirty five feet (35'), except for
structures containing deed restricted local housing, created by the density bonus provision set forth
in Section 3.8.21, where the maximum height may be 50' if setback 75' from the right-of-way.
(D) Timber Harvesting: The existing forest in the McCall area is considered a public resource,
important to the character of the planning jurisdiction and its tourist economy. Prior to the issuance
of a relevant building permit, the harvesting of timber shall be limited to dead, dying or damaged
trees. Slash shall not be accumulated or piled within view of the roadway. Following issuance of
a relevant building permit, tree removal is additionally permitted within the area of the building
footprint, other structures, driveways, and other improvements, and in accord with section 3.8.04,
"Fire Hazard Mitigation Standards", of this title. Development of the lot should endeavor to
preserve standing, healthy trees outside the area occupied by improvements; lawn not being
considered an improvement for these purposes. Landscaping shall replace trees harvested or
removed.
(E) Access Roads:
1. Access roads in subdivisions and resubdivisions platted after March 16, 2006, will be kept
to a minimum. Every subdivision platted after March 16, 2006, shall provide an interior roadway
providing access to each lot, which interior roadway shall connect to the scenic route at a single
point of access, as is the case with Lucks Point Subdivision, for example, except as the fire chief
may require an additional access. The intersections of any two (2) access roads with the scenic
route in the impact area and any portion of the planning jurisdiction that was in the impact area on
March 16, 2006, shall be no closer than one thousand feet (1,000') to each other. Where the entire
frontage of a parcel on the scenic route on March 16, 2006, is less than one thousand feet (1,000')
from the intersection of its side boundaries with the right of way, and if an agreement with adjacent
property owners for a common property line point of access is not reached after bona fide effort,
that shorter distance between intersections is permitted which is consistent with a minimization of
points of access. Direct driveway access shall be discouraged to the scenic route in the impact area.
2. Inside the city limits within existing subdivisions where individual lots with scenic route
right of way as a lot boundary cannot obtain access to the public road from a road interior to the
subdivision, direct access onto the scenic route may be allowed; provided, that the driveway
distances in the applicable zone shall apply. In such cases, common driveways on common lot
lines, thus two (2) driveway accesses per four (4) lots, may be required.
(F) Bike Paths: Some or all of the routes listed in section 3.7.031 of this chapter are designated
by the parks and recreation master plan (also see the "McCall area pathways master plan") to have
a bike path, walkway or other recreational routing alongside, or as a part of the scenic route. Where
such designation exists, the commission shall assist in the effectuation of the master plans by the
exaction of recreational easements or dedication of additional right of way or other techniques to
ensure a continuous route for such uses. In all cases, the city must show that such exaction is
roughly proportional to the impacts of the development and that the conditions for implementing
portions of the bike paths are to be based upon an individualized determination for each
development that the conditions are related to both the nature and extent of such impacts. Digital
data for easements shall be provided according to the digital data submittal standards policy.
Page 15 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
(G) For Sale: Along the scenic route, vehicles and other personal property shall not be displayed
for sale outside of a building unless the occupant of the property is an authorized dealer of
merchandise that is consistent with the primary business and has obtained approval from the
administrator. The owner or occupant of property along the scenic route may display his or her
own vehicle or other personal property for sale on his or her own premises.
(H) Building Clustering: Building clustering shall be encouraged to provide more efficiency
and cohesion in design, reducing the number of access points, and reserving the natural landforms,
vegetation and open space.
(I) Landscaping: In addition to the requirements set forth in section 3.8.13 “Landscaping,
Screening And Buffering,” development within the scenic route zones shall provide the following
landscaping:
1. One (1) native tree including evergreen and deciduous and three (3) native shrubs each ten
feet (10') of the linear street frontage along the scenic route. Not less than fifty percent (50%) shall
be evergreen trees.
2. The required landscaping shall be located with a twenty-five feet (25') setback from the
scenic route. Landscaping shall be arranged within groups or clustered allowing spacing for natural
maturity. Linear designed landscaping is not acceptable.
3. If conflicts arise between this section and section 3.8.04 “Fire Mitigation Standards,” or in
the use of any snow storage or utlity easements, a recommended resolution will be the
responsibility of the McCall Fire Protection District or the Administrator.
3.7.033: PROHIBITED USES:
The following uses are prohibited within the Scenic Route Zone:
A. Service Stations with Gasoline or Diesel Fuel Islands
Page 16 of 16
Ordinance 1015 Title 3 CA Service Stations
March 30, 2023
A SUMMARY OF ORDINANCE NO. 1015
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE III CHAPTER 2 DEFINITIONS, TO PROVIDE DEFINITIONS FOR AMENDED AND
NEW TERMS; AMENDING TITLE III CHAPTER 3 RESIDENTIAL ZONES AND
STANDARDS, MODIFYING PERMITTED, ADMINISTRATIVELY APPROVABLE,
CONDITIONAL, AND PROHIBITED USES IN RESIDENTIAL ZONES; AMENDING TITLE
III CHAPTER 4 COMMERCIAL ZONES AND STANDARDS, MODIFYING PERMITTED,
ADMINISTRATIVELY APPROVABLE, CONDITIONAL, AND PROHIBITED USES IN
COMMERCIAL ZONES; AMENDING TITLE III CHAPTER 5 INDUSTRIAL AND
BUSINESS PARK ZONES AND STANDARDS, MODIFYING PERMITTED,
ADMINISTRATIVELY APPROVABLE, CONDITIONAL, AND PROHIBITED USES IN
INDUSTRIAL AND BUSINESS PARK ZONES; AMENDING TITLE III CHAPTER 6CIVIC,
AIRPORT AND AGRICULTURAL/FOREST ZONES, MODIFYING PERMITTED,
ADMINISTRATIVELY APPROVABLE, CONDITIONAL, AND PROHIBITED USES IN
CIVIC, AIRPORT, AND AGRICULTURAL/FOREST ZONES; AMENDING TITLE III
CHAPTER 7 SPECIAL DISTRICTS, ADDING A NEW CHAPTER OF PROBITED USES
WITHIN SCENIC ROUTE OVERLAY ZONES.
The principal provisions of the Ordinance:
Amend Title III Chapter 2, DEFINITIONS to revise the existing definition of “Service
Station” and add a new definition of “Gasoline or Diesel Fueling Islands.”
Amend Title III Chapter 3, RESIDENTIAL ZONES AND STANDARDS to provide
regulations for service stations.
Enact Title III Chapter 4, COMMERCIAL ZONE AND REVIEW STANDARDS to provide
regulations for service stations.
Amend Title III Chapter 5, INDUSTRIAL AND BUSINESS PARK ZONE AND
STANDARDS, to provide regulations for service stations.
Amend Title III Chapter 6, CIVIC, AIRPORT AND AGRICULTURE/FOREST ZONES, to
provide regulations for service stations.
Amend Title III Chapter 7, SPECIAL DISTRICTS adding anew chapter of prohibited uses
within Scenic Route Overlay Zones.
The Ordinance contains sections for conflict repeal, validity and a savings clause.
This ordinance shall be in full force and effect after its passage, approval and publication,
according to law.
The full text of the Ordinance is available for review at City Hall and will be provided by the City
Clerk to any citizen upon personal request or can be viewed on the City website at
www.mccall.id.us.
Ordinance 1015 Summary
March 30, 2023
DocuSign Envelope ID: 9ADA0AD9-33E2-4F0C-B075-2BB1F8DEB902
APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 301h DAY OF
MARCH, 2023.
Attest:
Ordinance 1015 Summary
March 30, 2023
Approved:
By�-�
Robert S. Giles, Mayor
DocuSign Envelope ID: 9ADA0AD9-33E2-4F0C-B075-2BB1F8DEB902
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 1015
Certification of City Legal Advisor
of the Summary prepared
for the above-numbered Ordinance
I, William F. Nichols, City Attorney for the city of McCall, Idaho, hereby declare and certify that
in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50-901A(3)
of the Idaho Code as amended, I have reviewed a copy of the above Summary of Ordinance, have
found the same to be true and complete, and said Summary of Ordinance provides adequate notice
to the public of the contents, including the exhibits, of Ordinance No. 1015
DATED this 30th day of March 2023.
__________________________________________
William F. Nichols, City Attorney
McCall, Idaho
DocuSign Envelope ID: 9ADA0AD9-33E2-4F0C-B075-2BB1F8DEB902