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Home My Public Portal AboutOrd. 923 - Development StandardsORDINANCE NUMBER 923 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 4 SECTION 3.4.02 TABLE PERMITTED AND CONDITIONALY PERMITTED USES WITHIN COMMERCIAL ZONES TO ALLOW OFFICE USES ON GROUND FLOORS OF BUILDINGS AND REDUCING THE NUMBER OF USES THAT FIRST REQUIRE A CONDITIONAL USE PERMIT; AMENDING SECTION 3.4.061 SPECIAL PARKING STANDARDS IN CENTRAL BUSINESS DISTRICT ADDING A NEW SUBSECTION (D) TO EXEMPT CERTAIN PROPERTIES FROM HAVING TO PROVIDE OFF STREET PARKING; AND TITLE 3 CHAPTER 8 SECTION 3.8.061(A)(1) SURFACING TO PROVIDE DRIVEWAYS MUST HAVE IMPROVED SURFACES AND SECTION 3.8.16(B) SIDEWALK, CURB AND GUTTER AND/OR PATHWAYS TO PROVIDE FOR THE WAIVER OF CERTAIN IMPROVEMENTS UNDER LIMITED CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application for approval of zoning ordinance amendments, pursuant to MCC 1- 1-3, was submitted by the City of McCall on January 10, 2014; and WHEREAS, the McCall Area Comprehensive Plan (2007) includes an objective that states, "Assistance to existing and new businesses is one of the highest priority actions the City can take to protect and nurture the economic base;" and WHEREAS, the McCall Downtown Master Plan (2013) includes an action item (#2) to perform a land use regulation audit in order to identify desired businesses and uses downtown and revise code to encourage and allow desired uses; and WHEREAS, the McCall Downtown Master Plan (2013) includes an action item (#5) to amend code to allow office uses in downtown and remove limitations on ground floor street facing offices; and WHEREAS, the McCall Downtown Master Plan (2013) includes an action item (#12) to eliminate on -site parking requirements and parking in lieu fees to incentivize the formation of a Local Improvement District (LID) or other stable funding source; and WHEREAS, the McCall Downtown Master Plan (2013) includes an action item (#26) to evaluate land use regulations to ensure that they facilitate recreational outfitter and outdoor recreation equipment businesses in downtown; and WHEREAS, the McCall Downtown Master Plan (2013) includes an action item (#27) to revise land use code to encourage convention center development in downtown; and WHEREAS, the McCall Downtown Master Plan (2013) includes an action item (#48) to allow for a mix of housing types in downtown; and Page 1 of 8 Ord. 923 Development Standards May 22, 2014 WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on March 4, 2014 and continued the hearing on April 1, 2014 to consider these proposed zoning ordinance amendments; and WHEREAS, at its April 1, 2014 meeting the McCall Area Planning and Zoning Commission recommended this proposed zoning ordinance amendment for approval by the McCall City Council and Valley County Board of Commissioners; and WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on May 8, 2014 and continued the hearing on May 22, 2014 to consider the proposed zoning ordinance amendments; and WHEREAS, the zoning ordinance amendments were approved by the McCall City Council at a regularly scheduled and properly noticed public meeting on May 22, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: McCall City Code Title 3 Chapter 4: COMMERCIAL ZONES AND STANDARDS is amended to read as follows: 3.4.02: COMMERCIAL USE REGULATIONS: (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. TABLE 3.4.02 PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN COMMERCIAL ZONES Page 2 of 8 Ord. 923 Development Standards May 22, 2014 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 C-A C Animal boarding with outside runs C C - Animal clinic, animal hospital, or veterinary office C EP EP Animals, small farm animals A A A Auction establishment, outdoor C C —C Automobile, major repair - C - Automobile or recreational vehicle sales or service (used or new), outdoor - C - Automobile or recreational vehicle sales or service (used or new), C P C indoor Bank P P P Bar, brewpub, or nightclub C P P Boarding house Dwelling, rooming house C .P C-P Camp - C - Car wash C C - C Care center Q-P Q-P .P Cemetery C C - Church C .P EP Clinic, medical (excluding animal or veterinary) P P P Club lodge hall C Q-P P or or social Contractor's yard or shop - C - r Convention facility - C C—P r Crematory - C - Drive -up window service - C - Page 3 of 8 Ord. 923 Development Standards May 22, 2014 Dry cleaning facility - C C Dwelling, accessory A A—P A—P Dwelling, multi -family E-P'z P1'2 ,P Dwelling, single-family C—P G-P - P1,2 Farm, garden, lumber, or building supply store - C P G—P Hotel or motel C P P Kennel, commercial C C - Large scale retail business4 - - - Laundromat P P G—P Mixed user Use procedure of most restrictive use Mortuary P P - Nursery, retail (only) P P P Nursing facility, — C— G- skilled Off street parking facility when not accessory C1- P' C' Office, temporary construction A A A Package and letter delivery service C P P Personal, business, business, P P P or professional service or small Portable classroom - A A - A Professional offices P P P3 Public G- G- Q- or quasi public use, except: Public parks, recreation areas or easements, and trails P P P Public service facility C C A—C Radio and television broadcasting station Q—P P EP Recreational vehicle park C C - Recycling center -P P - Rental or retail store with outdoor storage or display yard C C - C Page 4 of 8 Ord. 923 Development Standards May 22, 2014 Rental or retail store without outdoor storage or display yard P P P Research and development facility - P P E3-P Residential facility G- G- G- care Restaurant P P P Restaurant, formulas - P P P Retail, formula3 - P P P Retail sales relating to an approved use A A A Retirement or assisted living home C--P G—P G—P School, public or private G—P G-P G-P r School, vocational or trade - P P G-P Service retail business C—A G—A G—A Service station 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 Theater G-P P P Tower or antenna structure, commercial C C C Tower or antenna structure, private A A C 1 Transit facility (e.g., bus stop, bus shelter, transit center) A—P A—P A—P r Truck stop - C - Notes: 1.Subject to subsection 3.4.04(D) of this chapter. 2.Single, two-family, or multi -family dwellings are allowed as part of a mixed use development. 3.See section 3.8.18 of this title for limitations on retail, formula. 4.See subsection 3.8.02(E) of this title. greu.,d Fle r to ations ♦ha♦ do not front the street 65. See section 3.8.17 of this title for limitations on restaurants, formula. Ord. 923 Development Standards May 22, 2014 Page 5 of 8 3.4.061: SPECIAL PARKING STANDARDS IN CBD: Off street parking areas shall be provided according to the standards specified in chapter 8, "General Development Standards", of this title. In the CBD, the required parking spaces must be provided as follows: (A) On site, or pursuant to shared parking agreement approved as provided in chapter 8 of this title; or (B) For each required space, the owner may contribute the amount most recently specified by resolution of the council to the city's parking lot trust fund which shall be used exclusively for the purchase of land or air rights for, and the construction and maintenance of, public parking lots or structures within or adjacent to the central business district; or (C) By a combination of subsections (A) and (B) of this section to provide the required number of parking spaces. (D) Improvement District or Renewal District Exemption: Commercial, Business Park, or Industrial uses within established and current Business Improvement District or Urban Renewal Districts are exempt from providing off street parking as required by this section and section 3.8.062 of this chapter. Section 2: McCall City Code Title 3 Chapter 8: GENERAL DEVELOPMENT STANDARDS is amended to read as follows: 3.8.061: PARKING AREA DEVELOPMENT STANDARDS: (A) Surfacing: 1. Parking and loading spaces and driveways for commercial, Business Park and industrial uses shall have an improved surface including asphalt, concrete, paving stones, or bricks. 2. Parking and loading spaces for residential uses may use other materials (such as gravel) that provide a stable driving surface under all weather and moisture conditions and during ordinary use by wheeled vehicles which prevents the raising of road dust or other like particulate matter into the air. (Ord. 885, 3-24-2011) (B) Drainage: All parking and loading areas shall provide for proper drainage of surface water so as to prevent the drainage of such water onto adjacent properties or walkways. (C) Lighting: Any parking area which is intended to be used during non -daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property. See chapter 14, "Outdoor Lighting", of this title. Page 6 of 8 Ord. 923 Development Standards May 22, 2014 (D) Access: Any parking area (except approved residential driveways) shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street. (E) Screening And/Or Landscaping: Parking areas shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence or planting screen. Use of chainlink fencing in or adjacent to residential areas is discouraged; if proposed, approval by the administrator is required. Such fence or wall shall be not less than four feet (4') or more than six feet (6') in height and shall be maintained in good condition. Planting screens shall not be less than four feet (4') in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential zone shall be landscaped with appropriate natural vegetation, including grasses, hardy shrubs, or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of such fence, wall or planting screen will not serve the intended purpose, then with the prior concurrence of the administrator, in writing, no such fence, wall or planting screen and landscaping shall be required. 3.8.16: OTHER REQUIREMENTS: (A) Property Numbers: All structures shall have a street property number, as assigned by the city, with characters not less than four inches (4") tall, with a color contrasting with the color of the background and visible day and night from the street at a point of driveway egress from the street or, for commercial business, at a point near the primary entrance to the business. (B) Sidewalk, Curb And Gutter And/Or Pathways: Sidewalks or pathways shall be required improvements for projects requiring design review approval in the commercial zones, or other districts where existing sidewalk/pathways adjoins the subject property, or where the Ceommission determines sidewalks/pathways are necessary for public safety or located on the McCall Aarea Ppathways Mmaster Pplan. The requirement for sidewalks/pathways may be waived if the cost of the proposed construction is less thantwent5,-theusancl-dellafs-($2050000-0) disproportional to the total construction costs and impact of the project. Sidewalks (and curb and gutter where required) shall meet the standards set forth in the city's improvement standard drawings, as adopted. (C) Data Submission: The applicant shall provide the data as required by the digital data submittal standards policy if applicable. Section 3: Effective Date: That this ordinance shall take effect and be in full force upon its passage, approval, and publication in accordance with Idaho law. Page 7 of 8 Ord. 923 Development Standards May 22, 2014 PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 22 DAY OF MAY, 2014. Attest: �00111Mn,,,, %,oS`` ; ) F MCC- •, 4S, , ,y . . .. •. •. , �•• * s (y t n .0 14 ity C (rk Ord. 923 Development Standards May 22, 2014 Approved: ckie J. Ay , May Page 8 of 8 A SUMMARY OF ORDINANCE NO.923 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 4 SECTION 3.4.02 TABLE PERMITTED AND CONDITIONALY PERMITTED USES WITHIN COMMERCIAL ZONES TO ALLOW OFFICE USES ON GROUND FLOORS OF BUILDINGS AND AMENDING SECTION 3.4.061 SPECIAL PARKING STANDARDS IN CENTRAL BUSINESS DISTRICT ADDING A NEW SUBSECTION (D) TO EXEMPT CERTAIN PROPERTIES FROM HAVING TO PROVIDE OFF STREET PARKING; AND TITLE 3 CHAPTER 8 SECTION 3.8.061(A)(1) SURFACING TO PROVIDE DRIVEWAYS MUST HAVE IMPROVED SURFACES AND SECTION 3.8.16(B) SIDEWALK, CURB AND GUTTER AND/OR PATHWAYS TO PROVIDE FOR THE WAIVER OF CERTAIN IMPROVEMENTS UNDER LIMITED CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE. This ordinance incorporates the recommendations from the adopted Downtown Master Plan (2013) regarding the economic base for McCall's downtown businesses and uses; to encourage and allow desired uses; to allow office uses and remove limitations on ground floor street facing offices; to eliminate on -site parking requirements and parking in lieu fees to incentivize the formation of a Local Improvement District and/or other stable funding sources; to ensure the land use regulations facilitate recreational outfitter and outdoor recreation equipment businesses; to encourage convention center development; and to allow a mix of housing types within the TABLE section 3.4.02 PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN COMMERCIAL ZONES; additionally to add a new subsection D to 3.4.061 SPECIAL PARKING STANDARDS IN Central Business District within the Improvement District or Renewal District that businesses within these districts will be exempt from providing off street parking; that in 3.8.061(A)(1) SURFACING driveways shall be included and shall have improved surfaces; and in 3.8.16 (B) SIDEWALK, CURB AND GUTTER AND/OR PATHWAYS to provide for waiver of the cost of the requirement for construction for sidewalks/pathways if the cost of those improvements is disproportional to the total construction costs and impact of the project. This ordinance is effective immediately after its passage and publication as required by 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. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 22 DAY OF May 22, 2014. Wei ATTES 4 By BessieJo Wag -74 Ordinance 923 Summary May 22, 2014 Approved: C By CKIE J. A , Mayor ORDINANCE SUMMARY CERTIFICATION Ordinance No. 923 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 22 day of May, 2014. William F. Nic ols Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Kim C. Drake, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Val- ley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began May 29, 2014 and ended May 29, 2014. \\-�~ C C Subscribed a d sworn before me this the 29th day of May, 2014. STATE OF IDAHO COUNTY OF VALLEY On this 29th day of May in the year of 2014, before me, a Notary Public, personally appeared Kim C. Drake, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. , Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/18 A SUMMARY OF ORDINANCE NO.923 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 4 SECTION 3.4.02 TABLE PERMITTED AND CONDITIONALY PERMITTED USES WITHIN COMMERCIAL ZONES TO AL- LOW OFFICE USES ON GROUND FLOORS OF BUILDINGS AND AMENDING SECTION 3.4.061 SPECIAL PARKING STAN- DARDS IN CENTRAL BUSINESS DISTRICT ADDING A NEW SUBSECTION (D) TO EXEMPT CERTAIN PROPERTIES FROM HAVING TO PROVIDE OFF STREET PARKING; AND TITLE 3 CHAPTER 8 SECTION 3.8.061(A)(1) SURFACING TO PRO- VIDE DRIVEWAYS MUST HAVE IMPROVED SURFACES AND SECTION 3.8.16(B) SIDEWALK, CURB AND GUTTER AND/ OR PATHWAYS TO PROVIDE FOR THE WAIVER OF CERTAIN IMPROVEMENTS UNDER LIMITED CIRCUMSTANCES; AND PROVIDING AN EFrhCTIVE DATE. This ordinance incorpo- rates the recommendations from the adopted Downtown Master Plan (2013) regarding the economic base for McCall's downtown busi- nesses and uses; to encourage and allow desired uses; to allow office uses and remove limitations on ground floor street facing offices; to eliminate on -site parking requirements and parking in lieu fees to in- centivize the formation of a Local Improvement District and/or other stable funding sources; to ensure the land use regulations facilitate recreational outfitter and outdoor recreation equipment businesses; to encourage convention center development; and to allow a mix of housing types within the TABLE section 3.4.02 PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN COMMER- CIAL ZONES; additionally to add a new subsection D to 3.4.061 SPECIAL PARKING STANDARDS IN Central Business District within the Improvement District or Renewal District that businesses within these districts will be exempt from providing off street park- ing; that in 3.8.061(A)(1) SURFACING driveways shall be included and shall have improved surfaces; and in 3.8.16 (B) SIDEWALK, CURB AND GUI I ER AND/OR PATHWAYS to provide for waiver of the cost of the requirement for construction for sidewalks/path- ways if the cost of those improvements is disproportional to the total construction costs and impact of the project. This ordinance is effec- tive immediately after its passage and publication as required by 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. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 22 DAY OF May 22, 2014. Approved: By JACKIE J. AYMON, Mayor ATTEST: By BessieJo Wagner, City Clerk 1 tc5/29