HomeMy Public PortalAboutOrd. 930 - Short Term RentalsORDINANCE NUMBER 930
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 2 AND CHAPTER 3; AMENDING SECTION 3.2.02 MEANINGS OF
TERMS OR WORDS TO INCLUDE A DEFINITION OF SHORT-TERM RENTAL AND
CLARIFYING DWELLING, ROOMING HOUSE AND HOTEL OR MOTEL; AMENDING
SECTION 3.3.02 TABLE RESIDENTIAL USE REGULATIONS TO REQUIRE A
CONDITIONAL USE PERMIT FOR SHORT-TERM RENTALS WITH OCCUPANCY OF
TWENTY OR MORE PERSONS; 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 October 22, 2014; and
WHEREAS, the City of McCall has received several complaints from neighbors of dwellings
used for short-term rentals with occupancies in excess of twenty (20) persons, citing issues with
noise and traffic; and
WHEREAS, the Conditional Use Permit Standards within McCall City Code (MCC 3.13.03)
state that certain uses shall be subject to the granting of a conditional use permit so that they may
be located properly subject to conditions designed to mitigate the effects of those uses on
surrounding properties; and
WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and
regularly scheduled public hearing on November 4, 2014 to consider these proposed zoning
ordinance amendments; and
WHEREAS, at its November 4, 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
December 18, 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 December 18, 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 2, Section 2: DEFINITIONS is amended by
amending the definition of "Dwelling, Rooming House" and "Hotel or Motel," and adding a
definition of "Dwelling, Short -Term Rental" as follows:
DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE,
DORMITORY, BED AND BREAKFAST): A dwelling or part thereof, other than a hotel, motel
Page l of 5
Ord. 930 Short Term Rentals
December 18,2014
or restaurant, where lodging and, occasionally, meals are provided for compensation for three (3)
or more unrelated persons, where no cooking or dining facilities are provided in the individual
rooms.
DWELLING, SHORT-TERM RENTAL: A residence, including single-family or a multi -family
unit, which is rented for the purpose of overnight lodging for compensation, money, rent or other
bargained for consideration for a period of one (1) or more days and not more than thirty (30)
consecutive days. Short-term rentals are also commonly referred to as tourist or vacation rentals.
Short-term rentals with occupancy of twenty (20) persons or more within residential zones shall
require a conditional use permit.
HOTEL OR MOTEL, AND APARTMENT HOTEL: A building in which lodging or boarding
and lodging are provided and offered to the public for compensation. The term does not include a
"dwelling, rooming house" or "dwelling, short-term rental (see definition of Dwelling, Rooming
House or Dwelling, Short-term Rental in this section). "Hotel" also includes any dwelling rented
for -periods- f two (2) . eeks „r less a♦ a timo
Section 2: McCall City Code Title 3 Chapter 3 Section 02: RESIDENTIAL USE
REGULATIONS is amended to read as follows:
(A) Permitted And Conditionally Permitted Uses: The uses identified in table 3.3.02 in 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 require review by the commission and a conditional use permit. The primary uses
identified in table 3.3.02 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
r
Accessory structure >1,500 square feet
C
C
CCC
C
Page 2 of 5
Ord. 930 Short Term Rentals
December 18,2014
Accessory structure < 1,500 square feet
A
A
A
A
A
A
Accessory use, residential
P
P
P
P
P
P
Agricultural structure A
A
ACC
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
-
-
-
r
Animals, small farm animals
P
P
P P
A A
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, two-family
-
-
-
C
C
P
Dwelling, short-term rental, occupancy 20 or more
C
C
C
C
C
C
persons
Dwelling, short-term rental, occupancy less than 20
P
P
P
P
P
P
persons
Dwelling unit, accessory (including guesthouses)
C C C C
C
C
Dwelling unit, principal (single-family)
P
P P P
P P
Page 3 of 5
Ord. 930 Short Term Rentals
December 18,2014
r
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 - -
-
Large scale retail business2
-
-
- -
-
-
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
Restaurant, formula3
-
-
-
-
-
-
Retail business C
C
C
C
C
C
Retail, formulas
-
- -
-
-
-
Retirement or assisted living home
C C C
C
C
C
Roadside produce stand
A
A A
-
-
-
School, public or private
C
C
C
C
C
C
Service retail business
C C
C
C C
C
Stable or riding arena, commercial C C
-
- -
-
Storage facility, self-service C C
C
- -
-
Storage yard (outdoor) C
C
C
-
-
-
f
Temporary living quarters
A
A
A
A
A
A
r Tower or antenna structure
C
C
C
C
-
-
Page 4 of 5
Ord. 930 Short Term Rentals
December 18,2014
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.
Section 3: Effective Date: That this ordinance shall take effect and be in full force January 1,
2016 and upon its passage, approval, and publication in accordance with Idaho law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 18 DAY OF DECEMBER, 2014.
Approved:
Attest:
By
BessieJo Wagner, City Clerk
STATE OF IDAHO, )
: ss:
County of Valley )
On this )/ day of b,Ee,st:ii1a,1-ce- , 20 /before me, a Notary Public,
appeared JACKIE J. AYMON and BESSIEJO WAGNER, known, or identified to me to be the
MAYOR and CITY CLERK, respectively, of CITY OF MCCALL that executed the said
instrument, and acknowledged to me that they executed the same on behalf of THE CITY OF
MCCALL.
(SEAL)
Ord. 930 Short Term Rentals
December 18,2014
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Page 5 of 5
A SUMMARY OF ORDINANCE NO.930
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 2 AND CHAPTER 3; AMENDING SECTION 3.2.02 MEANINGS OF
TERMS OR WORDS TO INCLUDE A DEFINITION OF SHORT-TERM RENTAL AND
CLARIFYING DWELLING, ROOMING HOUSE AND HOTEL OR MOTEL; AMENDING
SECTION 3.3.02 TABLE RESIDENTIAL USE REGULATIONS TO REQUIRE A
CONDITIONAL USE PERMIT FOR SHORT-TERM RENTALS WITH OCCUPANCY OF
TWENTY OR MORE PERSONS; AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance provide:
• In Section 3.2.02, Meanings Of Terms Or Words, amending the definition of "Dwelling,
Rooming House" to remove the words "Lodging House" from the definition; adding a
definition for "Dwelling, Short -Term Rental" (commonly known as tourist or vacation
rentals) to define that which is rented for the purpose of overnight lodging for
compensation or other consideration for one but not more than 30 consecutive days to no
more than 20 persons within residential zones without the requirement of a conditional
use permit; and amending the definition of "Hotel or Motel" to remove the words "And
Apartment Hotel" from the definition, to except Dwelling, Short -Term Rental from the
definition, and to remove the language that included the term "hotel" as any dwelling
rented for periods of 2 weeks or less at a time
• In Section 3.3.02, Residential Use Regulations, to amend the Table of Permitted And
Conditionally Permitted Uses Within Residential Zones to include "Dwelling, short-term
rental, occupancy 20 or more persons" as a permitted use subject to the issuance of a
conditional use permit in accordance with section 3.13.03 of this title, and "Dwelling,
short-term rental, occupancy less than 20 persons" as a permitted use under this title
This ordinance is effective January 1, 2016 and upon its passage, approval and publication in
accordance with Idaho 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 18 DAY OF
DECEMBER, 2014.
000.1" Mint/
=a �4
if
ATTEST
`� ,
• 'e F • City ' 4": N�a••�
oved:
, Mayor
Page 1 of 1
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 930
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 18 day of December, 2014.
William F. Nichols
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 December 31, 2014 and ended December 31, 2014
C . cona.Iaz_
Subscribed akld sworn before me this the 31 st day of December, 2014.
STATE OF IDAHO
COUNTY OF VALLEY
On this 31st day of December 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 acknowl-
edged to me that she executed the same.
saitu4•44,
Tom
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/18
A SUMMARY OF ORDINANCE NO.930
PASSED BY THE CITY OF MCCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORA-
TION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING
MCCALL CITY CODE TITLE 3 CHAPTER 2 AND CHAPTER 3; AMENDING
SECTION 3.2.02 MEANINGS OF TERMS OR WORDS TO INCLUDE A DEFI-
NITION OF SHORT-TERM RENTAL AND CLARIFYING DWELLING, ROOM-
ING HOUSE AND HOTEL OR MOTEL; AMENDING SECTION 3.3.02 TABLE
RESIDENTIAL USE REGULATIONS TO REQUIRE A CONDITIONAL USE
PERMIT FOR SHORT-TERM RENTALS WITH OCCUPANCY OF TWENTY OR
MORE PERSONS; AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance provide:
• In Section 3.2.02, Meanings Of Terms Or Words, amending the definition of
"Dwelling, Rooming House" to remove the words "Lodging House" from the defini-
tion: adding a definition for "Dwelling, Short -Term Rental" (commonly known as
tourist or vacation rentals) to define that which is rented for the purpose of over-
night lodging for compensation or other consideration for one but not more than 30
consecutive days to no more than 20 persons within residential zones without the
requirement of a conditional use permit; and amending the definition of "Hotel or
Motel" to remove the words "And Apartment Hotel" from the definition, to except
Dwelling, Short -Term Rental from the definition, and to remove the language that in-
cluded the term "hotel" as any dwelling rented for periods of 2 weeks or less at a time
• In Section 33.02, Residential Use Regulations, to amend the Table of Permitted
And Conditionally Permitted Uses Within Residential Zones to include "Dwelling,
short-term rental, occupancy 20 or more persons" as a permitted use subject to the
issuance of a conditional use permit in accordance with section 3.13.03 of this title,
and "Dwelling, short-term rental, occupancy less than 20 persons' as a permitted
use under this title
This ordinance is effective January 1, 2016 and upon its passage, approval and
publication in accordance with Idaho 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
18 DAY OF DECEMBER, 2014.
Approved: By Jackie J. Aymon, Mayor
ATTEST: By BessieJo Wagner, City Clerk 1tc12/3I