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Home My Public Portal AboutOrd. 931 - Accessory Dwelling UnitsORDINANCE NUMBER 931 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTERS 3 AND 16; AMENDING SECTION 3.3.02 TABLE RESIDENTIAL USE REGULATIONS TO REMOVE THE REQUIREMENT THAT ACCESSORY AND TWO- FAMILY DWELLINGS OBTAIN A CONDITIONAL USE PERMIT AND PERMITTING ACCESSORY AND TWO-FAMILY DWELLINGS IN ALL RESIDENTIAL ZONES; AMENDING SECTION 3.16.02 TO REQUIRE DESIGN REVIEW APPROVAL FOR RESIDENTIAL PROJECTS OF TWO (2) OR MORE UNITS; 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 November 25, 2014; and WHEREAS, the McCall Area Comprehensive Plan (2007) includes a goal that "housing is affordable, available and well -integrated into the community;" and WHEREAS, City Staff has identified that accessory dwelling units and duplexes help create affordable housing options and the requirement that these types of housing obtain a Conditional Use Permit creates unnecessary longer review timelines; and WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on January 6, 2015 to consider these proposed zoning ordinance amendments; and WHEREAS, at its January 6, 2015 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 February 12, 2015 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 February 12, 2015. 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 3, Section 2 (MCC 3.3.02): RESIDENTIAL USE REGULATIONS is amended to read as follows: 3.3.02: RESIDENTIAL USE REGULATIONS: Page 1 of 5 Ord. 931 Accessory Dwelling Units February 12, 2015 (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 C R16 Accessory structure >1,500 square feet C C C C C 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 - - - Animals, small farm animals P P P P A A Automotive, hobby A A A C A C A A Camp C C C C Care center C C C C C C Page 2 of 5 Ord. 931 Accessory Dwelling Units February 12, 2015 Cemetery C CCCC C Children's treatment facility 1 C CCCC C Church C CCCC C Clinic C CCCC C Club or lodge or social hall C CCCC C Convenience store C CCCC C Drug and alcohol treatment facility C C C - - - Dwelling. multi -family - - - C P P Dwelling, rooming house C CCCC —P Q-P C Dwelling, two-family —P —P EP P Dwelling, short-term rental, occupancy 20 or more persons C CCCC C Dwelling, short-term rental, occupancy less than 20 persons P P PPP P Dwelling unit, accessory (including guesthouses) Q-P Q-P EP C—P P P Dwelling unit, principal (single-family) P P PPP P Foster home, group C CCCC C Golf course and country club C CCCC C Home occupation P P PPP P Kennel C C C - - - Large scale retail business2 - - - - - - 1 Mortuary C C - - - - Nursery, wholesale (only) P - - - - - Nursing facility. skilled C C CCC C Professional office C CCCC C Public parks, recreation areas, easements, trails A A A A A A Page 3 of 5 Ord. 931 Accessory Dwelling Units February 12, 2015 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, formula' - - - - - - 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 r-- 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 - - - Temporary living quarters A A A A A A Tower or antenna structure C C C C - - 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 2: McCall City Code Title 3, Chapter 16, Section 2 (MCC 3.16.02): DESIGN REVIEW APPLICABILITY is amended to read as follows: Design review approval is required for any development that is a commercial, business park, industrial, public or semipublic (including private clubhouses or recreational facilities) development, all developments within the CV, AF, or AP zones, accessory dwelling unit, multi- family residential project of three (3) two (2) or more units, or single-family dwelling units with total living area greater than three thousand five hundred (3,500) square feet within the city of McCall and the area of city impact. Design review is also required in the shoreline and river environs zone and the scenic route zone as provided for in chapter 7 of this title. Page 4 of 5 Ord. 931 Accessory Dwelling Units February 12, 2015 Design review will not be required for the following building or site modifications (although a building permit may be required): (A) Interior remodeling of a structure which does not impact the exterior appearance of the structure or significantly impact the parking, landscaping or other exterior uses of the property. (B) Repairs to an existing building if the outward appearance is not significantly changed. (C) Improvements to or maintenance to an existing building or site where these do not significantly impact the outward appearance of the building or site. Applications for nonemergency temporary structures are not subject to design review, but are subject to the conditional use permit process as set forth in chapter 13, "Permits And Applications", of this title. Any application within a residential zone which is subject to a subdivision design approval, and for which the design guidelines of the subdivision have been reviewed and approved by the commission, shall show evidence of subdivision design review and approval by the authority of the subdivision prior to the granting of a building permit. Absent such evidence, the applicant shall proceed under the procedures below. 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. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 12 DAY OF FEBRUARY, 2015. `otsnantio, Approved: 1. c rC1 S. * SEAL ).= x i Jac l e J. Aymon, Mayor O Z. �2. Attest:. 1, By 4 t.0fir% uI / BessieJo Wagner Ay Clerk Page 5 of 5 Ord. 931 Accessory Dwelling Units February 12, 2015 A SUMMARY OF ORDINANCE NO. 931 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 CHAPTERS 3 AND 16; AMENDING SECTION 3.3.02 TABLE RESIDENTIAL USE REGULATIONS TO REMOVE THE REQUIREMENT THAT ACCESSORY AND TWO- FAMILY DWELLINGS OBTAIN A CONDITIONAL USE PERMIT AND PERMITTING ACCESSORY AND TWO-FAMILY DWELLINGS IN ALL RESIDENTIAL ZONES; AMENDING SECTION 3.16.02 TO REQUIRE DESIGN REVIEW APPROVAL FOR RESIDENTIAL PROJECTS OF TWO (2) OR MORE UNITS; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of the Ordinance provide: • In Section 3.3.02, amending the Table to permit two-family dwellings and accessory dwelling units (including guesthouses) in all residential zones without having to obtain a conditional use permit • In Section 3.16.02, changing the number "3" to "2" so as to require design review approval for residential projects of "2 or more units" instead of "3 or more units" This ordinance is effective 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 12 DAY OF FEBRUARY, 2015. `'``�UNnurrp,��' .`pv McC,q� �'',ir . :� � r 1 ?U *SgAL =o= = ATTEST: % c, •'1L IN rr, /er,, City C rk By BessieJo Wag Approved: KIE J. MON, ayor Page 1 of 1 Ord. 931 Summary Accessory Dwelling Units February 12, 2015 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 931 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 12 day of February, 2015. 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 February 19, 2015 and ended February 19, 2015. C. COnoJze_ Subscribed alnd sworn before me this the 19th day of February, 2015. STATE OF IDAHO COUNTY OF VALLEY On this 19th day of February in the year of 2015, 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.931 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 CHAPTERS 3 AND 16; AMENDING SECTION 3.3.02 TABLE RESIDENTIAL USE REGULATIONS TO REMOVE THE REQUIRE- MENT THAT ACCESSORY AND TWO-FAMI- LY DWELLINGS OBTAIN A CONDITIONAL USE PERMIT AND PERMITTING ACCESSO- RY AND TWO-FAMILY DWELLINGS IN ALL RESIDENTIAL ZONES; AMENDING SEC- TION 3.16.02 TO REQUIRE DESIGN REVIEW APPROVAL FOR RESIDENTIAL PROJECTS OF TWO (2) OR MORE UNITS; AND PROVID- ING AN EFFECTIVE DATE. The principal provisions of the Ordinance pro- vide: • In Section 33.02, amending the Table to permit two-family dwellings and accessory dwell- ing units (including guesthouses) in all residential zones without having to obtain a conditional use permit • In Section 3.16.02, changing the number "3" to "2" so as to require design review approval for residential projects of "2 or more units" instead of "3 or more units" This ordinance is effective upon its passage, approval and publication in accordance with Ida- ho 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.mc- call .id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 12 DAY OF FEBRUARY, 2015. Approved: By JACKIE J. AYMON, Mayor ATTEST: By BessieJo Wagner, City Clerk. 1 tc2/19