HomeMy Public PortalAboutOrd. 615 - Revising Zoning OrdinanceI
ORDINANCE NO. 615
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, REPEALING AND RE-ENACTING
THE PLANNING AND ZONING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO,
AS FOLLOWS:
ORDINANCE 615 TABLE OF CONTENTS
Section 1, Enactment of zoning ordinance
CHAPTER TITLE
PAGE
1 PLANNING AND ZONING COMMISSION 3
2 ZONING 6
3 ZONING MAP 8
4 DEFINITIONS 9
5 ZONE R-10 23
6 ZONE R-5 25
7 ZONE R-1 27
8 ZONE A, LOW DENSITY RESIDENTIAL 29
9 ZONE B, MEDIUM DENSITY RESIDENTIAL 33
10 ZONE CB, CENTRAL BUSINESS DISTRICT 36
11 ZONE C, COMMERCIAL 39
12 ZONE GC, GENERAL COMMERCIAL 42
13 ZONE I, INDUSTRIAL 44
14 ZONE NW, NAVIGABLE WATER 47
15 ZONE SL, SHORELINE AND RIVER ENVIRONS 49
16 ZONE SR, SCENIC ROUTE DISTRICT 53
17 PAYETTE LAKES WATER AND SEWER DISTRICT 55
18 FLOOD HAZARD AREAS 56
19 MODULAR HOUSING 62
20 MOBILE HOMES AND MOBIL HOME SUBDIVISIONS
AND PARKS 63
21 SUBDIVISION REGULATIONS 86
22 PLANNED UNIT DEVELOPMENT 119
23 COMPREHENSIVE PLAN 134
24 SIGNS 135
25 PARKING REGULATIONS 141
26 AIRPORT ZONING 145
27 GENERAL DEVELOPMENT STANDARDS 151
ORDINAiNCE NO. 615 page 1 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
28 NON -CONFORMING BUILDINGS,
STRUCTURES AND USES 165
29 MITIGATION OF EFFECTS OF DEVELOPMENT
(Reserved for Legislation) 168
30 VARIANCES 169
31 CONDITIONAL USE PERMITS 172
32 PROCEDURES, APPEALS AND ACTION 177
33 CODE AMENDMENT PROCEDURES 181
34 AMENDMENT OF ZONING MAP 182
35 ENFORCEMENT 186
Section 2 of Ordinance 615, Planning Reports 188
Section 3,
MCC 2-1-12 ZONING AND SITE DEVELOPMENT 190
Section 4. Savings Clause 190
ORDINANCE NO.615 page 2 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
Section 1. Enactment. Titles III and IIIA of the McCall City Code are
repealed in their entirety, and re-enacted as Title III, Planning and Zoning, to read
as follows:
CHAPTER 1
PLANNING AND ZONING COMMISSION
SECTION:
3-1-010. Affected Lands
3-1-020. Area of City Impact Described
3-1-030. Commissions Created
3-1-040. Qualifications; Term of Office
3-1-050. Organization
3-1-060. Compensation; Reports; Meetings
3-1-070. Duties
3-1-080. Authority to Expend Money Withheld
3-1-010. AFFECTED LANDS. This Title applies to all land within the boundaries of the
City of McCall, and to all land within the boundaries of the City of McCall Area of City Impact,
both of which areas are commonly referred to together in this Title as the Planning Jurisdiction,
including but not limited to any lands that may after March 24, 1994 become part of the City of
McCall or of the Impact Area.
3-1-020. AREA OF CITY IMPACT IDENTIFIED. The land and water areas included
within the boundaries set out in the most recent City and County ordinances fixing the same
boundary of the City of McCall Area of City Impact, is the Area of City Impact referred to in this
Title and to which, along with lands in the City proper, this Title applies. Copies of a map of the
Impact Area shall be on file for use and examination by the public in the office of the City Clerk;
the current such map is labeled:
McCall, Idaho
Area of City Impact
3-1-030. COMMISSIONS CREATED.
A. There is created a Planning and Zoning Commission the jurisdiction of which consists of
matters relating to lands within the City Limits of the City of McCall and matters entrusted
by the Idaho Code to the Planning and Zoning Commission of the City, referred to in the
rest of this Chapter as the City Planning and Zoning Commission and in the rest of this
Title as the Planning Commission and/or the Commission.
B . There is created a City of McCall Area of City Impact Joint Planning and Zoning
Commission, the jurisdiction of which consists of the other matters relating to lands outside
the City Limits of the City of McCall and within the City of McCall Area of City Impact,
referred to in the rest of this Chapter as the Impact Area Planning and Zoning Commission
and in the rest of this Title as the Planning Commission and/or the Commission.
C. Wherever the words Planning Commission and/or the Commission appear in the rest of
this Title they refer to whichever of the foregoing commissions has jurisdiction of the
matter in question. The Governing Board for both Commissions is the Council.
3-1-040. QUALIFICATIONS; TERM OF OFFICE.
(A) The City Planning Commission shall consist of five members appointed by the Mayor with
the consent of the Council and without respect to political affiliation. All members shall be
ORDINANCE NO. 615 page 3 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
residents of the City for a period of at least two years prior to appointment. The Impact
Area Planning and Zoning Commission shall consist of five members appointed by the
Mayor with the consent of the Council and without respect to political affiliation. All
members shall be residents of the City or of the Area of City Impact for a period of at least
two years prior to appointment. The ratio on the Impact Area Commission of residents of
the City to non-residents of the City shall approximate the ratio of population in the City to
population of the Impact Area; population shall be approximated on the basis of the U. S.
Census, voter registration, and other data available to the City of similar character. Initially
the membership of the Impact Area Commission shall consist of 3 City residents and 2
Impact Area residents. One member of the Impact Area Commission appointed from the
Impact Area shall be selected from a list of qualified persons recommended by the Board of
County Commissioners of Valley County.
(B) The members of each of these commissions in office on March 24, 1994 are continued in
office each for her or his unexpired term. Thereafter, their successors shall be appointed
for and shall hold office for a term of three years. Members may be removed by a majority
vote of the Council. The City Council may remove a member for chronic absenteeism. In
the event of the death, resignation or any other vacancy in said Commissions, the Mayor
and Council shall fill such vacancy in the manner prescribed by law.
3-1-050. ORGANIZATION. The Planning Commission shall at its first meeting elect a
Chairman and a Vice Chairman who shall be members and shall serve for a term of one year. The
Commission shall appoint a Secretary who shall not be a member of the Commission.
3-1-060. COMPENSATION; REPORTS; MEETINGS.
(A) Members of the Planning Commission shall receive no compensation. The staff shall keep'
an accurate record of all proceedings of the Commission and shall distribute copies of the
minutes of the Planning Commission to the City Manager and members of the Council and
to the Valley County Commissioners.
(B) The Commission shall hold at least one meeting each month on a regular day and at a
regular time fixed in its By -Laws. Pending adoption of such By -Laws by resolution of the
Commission approved by resolution of the Council, the City Commission shall hold a
meeting on the first and on the third Tuesday of each month at 7:30 p.m., unless there is no
business to transact, and the Impact Area Commission shall hold a meeting on the second
and fourth Tuesday of each month at 7:30 p.m., unless there is no business to transact.
The Commission shall meet at such other times as may in its judgment be necessary.
3-1-070. DUTIES. The duties of each Commission are to:
(A) Meet jointly with the other Commission for the purposes of recommending a
comprehensive plan for the development of the Planning Jurisdiction, the laying out,
widening, extending and locating of streets, roads and highways for the relief of traffic, for
density of population and development of land within the jurisdiction of the Planning
Jurisdiction, for the future growth, development and beautification of the Planning
Jurisdiction in respect to its public buildings, streets, parks, grounds and lands consistent
with the future growth and development of the Planning Jurisdiction, all in order to
promote the public health, safety, and welfare of the inhabitants thereof, and to give
suggestions and advice to individuals concerning landscaping or location of buildings,
structures or works to be erected, constructed or altered by for such individuals. The
Commissions shall cooperate with other and like commissions along the lines and purpose
prescribed in Sections 50-1101 through 50-1106, Idaho Code.
(B) Recommend amendments to the McCall City Code, and develop regulations and other
related matters pursuant to 67-6511, Idaho Code.
(C) Recommend the granting or denial of Variances, Conditional Use Permits, subdivisions,
Planned Unit Developments, amendments to the zoning map, and vacation of streets,
ORDINANCE NO.615 page 4 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
Planned Unit Developments, amendments to the zoning map, and vacation of streets,
which recommendations shall only be made in the form of Findings of Fact and
Conclusions of Law, pursuant to Idaho Code 67-6535, and only through the procedures
(including hearings) required by Chapters 32 and 34 of this Title.
(D) Review and make recommendations for the administration of this Title.
(E) Carry out the duties delegated by the City Manager and City Council and the Idaho Code.
3-1-080. CITY DEPARTMENTS TO COOPERATE. All departments and employees of
the City shall cooperate with the Planning Commission, and furnish to the Planning Commission
maps, reports and all available data necessary for the Commission properly and adequately to carry
out its functions. The Planning Commission is also authorized to appoint such technical and
advisory committees as are necessary to carry out its work, and to call upon the citizens of the
community and the various civic organizations for cooperation and assistance to the end that a
coordinated program of Planning Jurisdiction planning and zoning may be promoted.
3-1-090. RELATION TO OTHER BOARDS. Nothing in this Title shall be construed as
infringing upon the authority previously granted to any existing commission or board, provided
that such commissions or boards shall coordinate their activities to the end that a more
comprehensive plan of the Planning Jurisdiction development may be evolved.
3-1-100. AUTHORITY TO EXPEND MONEY WITHHELD. The Planning Commission
shall have no authority to make expenditures on behalf of the City, nor to obligate the City for the
payment of any sum of money unless authorized by the Council, who shall specify the
administrative method by which such funds shall be expended.
ORDINANCE NO.615 page 5 of 191
As amended and approved for first reading by Council March 3,1994, printed March 7,1994
CHAPTER 2
ZONING
SECTION:
3-2-010. Purpose of Zoning
3-2-020. Application of Regulations
3-2-030. Establishment of Regulations
3-2-010. PURPOSE OF ZONING. This Title may be cited and referred to as the Zoning
Ordinance for the Planning Jurisdiction. This Title is enacted in pursuant to Article 12, Section 2
of the Constitution of Idaho, and Title 67, Chapter 65 of the Idaho Code, which empower the City
to exercise the police power and to enact a Zoning Ordinance and to provide for its administration,
enforcement and amendment. The purpose of this Title shall be:
(A) To maintain and promote the small town character and attraction of the Planning
Jurisdiction, and the natural beauty of the surrounding lands and lake shore, present and
future, for residents and visitors.
(B) To ensure that all physical growth is carried out in an orderly way and in a way which
compliments the landscape, ecology and existing urban character of McCall.
(C) To regulate the use of land, and the use, height, location and size of buildings and
structures.
(D) To implement the Comprehensive Plan for the Planning Jurisdiction.
(E) To facilitate the provision of public services and to promote and protect the health, safety
and welfare of all residents and visitors.
3-2-020. APPLICATION OF REGULATIONS.
(A) Except as herein specified, no land, building, structure or premises, and no part thereof,
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 conformity with the
requirements herein specified for the zone 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.
(B) Conflicting Provisions: In case of a conflict between the provisions of various sections of
this Title, the more restrictive provisions shall prevail.
3-2-030. ESTABLISHMENT OF ZONING DISTRICTS. In order to carry out the
provisions of this Title, the following Zones and Overlay Zones are created for the Planning
Jurisdiction, and the lands within the Planning Jurisdiction are placed into one or more of these
Zones as depicted on the Zoning Map or as defined (overlay districts) in this Title:
(A) Zone R 10 - Rural Residential, 1 Unit per 10 Acres.
(B) Zone R 5 - Rural Residential, 1 Unit per 5 acres
(C) Zone R 1 - Rural Residential, 1 Unit per Acre
(D) Zone A - Low Density Residential
(E) Zone B - Medium Density Residential
(F) Zone CB - Central Business District
(G) Zone C - Commercial District
(H) Zone GC - General Commercial District
ORDINANCE NO.615 page 6 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(I) Zone I - Industrial
(J) Zone NW - Navigable Water Zone
(K) Zone SL - Shoreline and River Environs District (overlay)
(L) Zone SR - Scenic Route District (overlay)
(M) Zone PLWSD - Payette Lakes Water and Sewer District (overlay)
The provisions of this Title respecting an overlay district are cumulative with, not in lieu of, the
provisions respecting the underlying zoning district; in the event of a difference between the
provisions of this Title applied within an overlay district and the provisions of this Title applied
within the underlying zoning district, both must be complied with.
ORDINANCE NO.615 page 7 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 3
ZONING MAP
SECTION:
3-3-010. Zoning Map
3-3-020. Interpretation of Boundaries
3-3-010. ZONING MAP. The boundaries of the Planning Jurisdiction, the zoning districts,
and the overlay zones are as shown on the Zoning Map or as defined (overlay districts) in this
Title, which map (which may exist on multiple sheets) is a part of this Title, and up-to-date copies
of which shall be placed and remain on file in the office of the City Clerk and be open for public
inspection.
3-3-020. INTERPRETATION OF BOUNDARIES. Where uncertainties exist as to the
boundaries of any zone as shown upon the Zoning Map, the following shall apply:
(A) Boundaries indicated as approximately following the centerlines of streets, highways, or
alleys shall be construed to follow such centerlines.
(B) Boundaries indicated as approximately following platted lot lines shall be construed as
following such lines.
(C) Boundaries indicated as approximately following jurisdictional limits shall be construed as
following such limits.
(D) Boundary lines indicated as following shoreline or as parallel to shoreline shall be
construed to follow or be parallel to such shorelines, as the case may be, and in the event of
change in the shoreline shall be construed as moving with the actual shoreline; boundary
lines indicated as approximately following the centerline of streams, rivers, canals, or other
bodies of water, shall be construed to follow such centerlines.
(E) Where a district boundary line divides a lot which was in single ownership and of record
on the effective date of the applicable regulations, the Council upon recommendation of the
Planning Commission may permit the application of the regulations for either portion of the
lot to the other portion of the lot to a distance not to exceed 50 feet from the district
boundary line. A use permitted under the regulations so extended is conforming. The
division of a subdivision lot by a zoning boundary should be avoided in zoning map
actions.
ORDINANCE NO.615 page 8 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 4
DEFINITIONS
SECTION:
3-4-010. Interpretation of Terms or Words
3-4-020. Meaning of Terms or Words
3-4-010. INTERPRETATION OF TERMS OR WORDS. For the purpose of this Title,
certain terms or words used herein shall be interpreted as follows:
(A) The word "person" includes an association, partnership, trust, joint venture, syndicate, or
corporation, as well as an individual, and any other legal person capable of owning land;
(B) The present tense includes the future and past tense; the singular number includes the
plural, and the plural number includes the singular; and the masculine, feminine, and neuter
genders include each other;
(C) The word "shall" and the word "must" indicate a mandatory requirement, the word "may"
indicates a permissive requirement, and the word "should" indicates a preference; and
(D) The words "used" or "occupied" include the words "intended, designed or arranged to be
used or occupied."
3-4-020. MEANING OF TERMS OR WORDS
1. Accessory Use, Building, or Structure - A use, building, or structure on the same lot
with, and of a nature customarily incidental and subordinate to, the principal use, building,
or structure.
2. Administrator - The City Manager, or in the event the City Manger chooses to delegate
that authority, that official who is appointed by the City Manager to administer this Title.
3. Agriculture and Forest - The use of land for farming, dairying, pasturage, agriculture,
horticulture, floriculture, viticulture, silviculture, animal and poultry husbandry and the
necessary accessory uses for packing, treating, or storing the product; provided, however,
that the operation of any such accessory uses shall be secondary to that of normal
agricultural activities
4. Airport - Any runway, land area or other facility designed or used, other than for an
emergency, either publicly or privately by any person for the landing and the taking off of
aircraft, including all necessary taxiways, aircraft storage and tie -down areas, hangars and
other necessary buildings.
5. Alley - A minor way which is used primarily for vehicular service access to the back or
side of properties also abutting on a street.
6. Applicant - An owner who has or should have filed an application under this Title. See
definition of "owner" below.
7. Application - A document submitted to the Commission conforming to the requirements
of this Title applying for a permit or approval under this Title; a document which calls itself
an application, but which materially fails to meet submission requirements under this Title
may in the discretion of the Administrator be considered not an application.
8. Basement - That level of a dwelling unit all or partly underground and having the plate on
top of at least one-half of its perimeter wall within two feet of the average level of the
adjoining ground.
9. Bed and Breakfast - See Dwelling, Rooming House.
ORDINANCE NO.615 page 9 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
10. Block - A group of lots within defined and fixed boundaries, usually within a parcel of
land, bounded by physical barriers, one or more streets, or a boundary line of a
subdivision that has been legally surveyed and recorded.
11. Board - The Board of County Commissioners of Valley County.
12. Billboard - Outdoor advertising signs containing a message, commercial or otherwise,
unrelated to any use or activity on the property on which the sign is located, but not
including directional signs, traffic control devices, or jurisdictional limit signs.
13. Bond - A security device of the types described in the subdivision regulations, MCC 3-21;
generally a security contract between the applicant and the City which guarantees that the
applicant will perform certain requirements of an approval or permit under this Title, by
surety, cash, or letter of credit sufficient in amount and terms to assure either reclamation,
or performance of any act or acts authorized by the approval or permit.
14. Building - Any structure designed or intended for the support, enclosure, shelter or
protection of persons, animals, chattels or property of any kind.
15. Building element means an exterior wall, or roof, or bay window, or deck, or patio, or
balcony, or any other part of the exterior of a building which has an exterior surface that is
in a different plane from the other parts of the building to which the element is attached.
16. Building Height - The vertical distance measured from the elevation of the existing grade
prior to construction at the lowest point of the building, to the highest point of the roof.
Building height of the building element or structure element shall be determined as
follows: in all instances the height shall be measured from the existing grade prior to
construction; and, if that existing grade and the top of the element are not parallel,
determined as an average of three distances, one computed at each of the two ends of the
element (if the greatest vertical distance is at an end of the element, the midpoint of the
element shall be substituted for that end of the element), and the third being the greatest
vertical distance of the element. Where there is more than one building element, the
computation shall be made for each element, and each element shall be set back from the lot
line at least the distance computed with respect to that element. The measurement shall be
made to the furthest protrusion of the element towards the lot line in question.
roof level at highest
structure point
building height
measurement
ground level at
lowest structure
point
mid height
a -
greatest height Wall height measurement
—v
end + greatest +mid/end
setback measurement
dormer setback
measurement
10
roof setback 1 p
measurement 1 e
It
f height ; Y
setback 11
surement 1
In
e
ORDINANCE NO.615
As passed and approved by Council March 24, 1994, printed March 25, 1994
page 10 of 191
17. Building, Principal or Primary - A building in which is conducted the main or principal
use of the lot on which said building is situated.
18. Building Permit - A permit pursuant to the McCall City Code Title II, including without
limitation the Uniform Building Code adopted by that Title. Such permits shall be issued
only if the activity to be permitted conforms to Title II and this Title. Building permits are
issued by the City Building Department.
19. Business - Any retail or wholesale store, professional office, or similar kind of
commercial establishment.
20. Camp - Property owned or leased by any organization exempt from Federal income tax
which property is used for such purposes as recreation, outdoor education, outdoor
instruction, and deliberation. "Camp" does not include a church building or church school
unless it is accessory to an outdoor operation of larger scope, does not include property
used for commercial purposes, and does not include facilities at which services or lodging
are offered to the general public for a fee. Thus "camp" includes youth summer and youth
winter camps operated by the Girl Scouts, Boy Scouts, Campfire, YMCA, YWCA, and the
like, and youth summer and youth winter camps operated by various organized churches;
to the extent not used for generation of unrelated business income; and includes State Park
and U. S. Forest Service public campgrounds. Thus a "camp", when permitted as a
conditional use, does not include renting rooms, cabins, buildings, campsites, spaces, or
the like, with or without meals, to tourists or vacationers, even if the tourists or vacationers
are members of the owner organization.
21. Care Center - A place, home or facility providing care for which compensation is paid,
for more than five children of pre-school age, or for more than eight adults with diminished
capacity to manage their own affairs, for example in the latter case, the Payette Lakes Care
Center.
22. Cemetery - Land used or intended to be used for the burial of the human or animal dead
and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if
operated in connection with and within the boundaries of such cemetery, for which
perpetual care and maintenance is provided. However, a law for the protection of
cemeteries shall apply only to that portion of land actually platted and improved for such
use with respect to humans.
23. Church Building - A building or portion of a building used for the purpose of worship by
any religious organization exempt as such from Federal income tax.
24. City - The area within the corporate city limits of the City of McCall, and the government,
thereof.
25. Clinic - A building used for the care, diagnosis and treatment of sick, ailing, infirm or
injured persons and those who are in need of medical and surgical attention; but which
building does not provide board, room or regular hospital care and services.
26. Club - A building, or a portion thereof, primarily for the exclusive use of members and
their guests, owned or operated by an association of persons organized for a social,
literary, political, educational or recreational purpose; but not including any organization,
group or association, the principal activity of which is to render a service usually and
ordinarily carried on as a business.
27. Cluster Development - A subdivision or other development planned and constructed so
as to group structures or lots into relatively concentrated and contiguous areas while
providing a unified network of open space, wooded area, recreational, or agricultural land.
28. Commission - The Planning and Zoning Commission having jurisdiction.
ORDINANCE NO.615 page 11 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
29. Common Ownership - The joint and simultaneous ownership of a piece of property by
the owners of separate parcels or units within a condominium or PUD development.
30. Comprehensive Plan - A plan, or any portion thereof, adopted by the Board and/or Coun-
cil affecting land within the Planning Jurisdiction, and including such things as the general
location and extent of present and proposed physical facilities including housing, industrial
and commercial uses, major transportation, parks, schools and other community facilities.
31. Conclusions of Law - That part of a decision document which relates found facts to
applicable provisions of this Title. See IC 67-6535.
32. Conditional Use - A special or conditional use, as defined in Idaho Code 67-65,
permitted within a zone under a permit approved by the Council. Conditional uses
authorized to be permitted in each zone are listed in the Chapter relating to that zone.
33. Contractor Storage Yard - Area used for the storage of equipment and material used in
contractor's business.
34. Council - The City Council of the City.
35. County Surveyor - The professional land surveyor appointed by the County pursuant to
IC 50-1305 to check plats and computations thereon.
36. Day Care - See definition of Care Center.
37. Deck - An unenclosed flat floored area, whether roofless or covered, whether on one level
or multiple levels, adjoining or used in conjunction with a dwelling; the term includes
porches, and patios; a fully enclosed porch is considered a room of the dwelling.
38. Dedication, Dedicate - The setting apart of land or interests in land for use by the public,
and unless otherwise stated in the document making the dedication, the legal equivalent of a
deed in fee simple determinable for the purposes evident, for example, streets, and the
purposes reasonably implied, for example, utilities. Land becomes dedicated for purposes
of title immediately upon the recording of an approved final plat showing the dedication.
For purposes of street maintenance, or for purposes of a deed dedicating the land,
dedication is effective only when accepted by the Council as a public dedication, either by
the passage of a City Ordinance or by entry of a Resolution of Approval in the official
minute book of the official meetings of the Council. The offer of dedication heretofore
made in a final plat may be accepted at any time after the plat becomes final. "Dedicate" is
the verb transitive for the making of a dedication.
39. 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 street rights -of -way within the land and one half of the abutting rights -of -way.
b. Net Density - The number of dwelling units per acre of land when the acreage
involved is computed excluding street rights -of -way.
40. Development - Any construction or activity that changes the existing character or use of
land upon which such construction or activity occurs.
41. Director of Public Works - That official of the City who is responsible for the
administration of the public utilities and streets within the City and whose responsibilities
include review of plats, maps and surveys for compliance with this Title.
42. Dock - Any structure extending from dry land into, upon, or over a body of water,
providing moorage for water craft and/or access to the body of water. Dock includes landing
pier and wharf, and includes the means of access and egress to and from the dry land.
43. 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.
ORDINANCE NO. 615 page 12 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
44. Domestic Livestock - Animals such as, but not limited to, horses, cows, goats, rabbits,
poultry, pigs, sheep or other typical farm animals and may include mink, chinchillas and
such animals raised for pelts.
45. Dwelling, Multifamily - A dwelling consisting of two or more dwelling units, including
townhouses and condominiums with varying arrangements of entrances, and party walls.
Multifamily housing may include public housing.
46. Dwelling, Rooming House (Boarding House, Lodging House, Dormitory, Bed
and Breakfast) - A dwelling or part thereof, other than a hotel, motel or restaurant, where
meals and/or lodging are provided for compensation for three or more unrelated persons
where no cooking or dining facilities are provided in the individual rooms.
47. Dwelling, Single Family - A dwelling consisting of a single dwelling unit only,
separated from other dwelling units by open space; when considered in the context of
enforcement of restrictions, any space so used.
48. Dwelling, Two Family - A multifamily dwelling consisting of two dwelling units which
may be either attached side by side, or one above the other; a duplex; when considered in
the context of enforcement of restrictions, any space so used.
49. Dwelling Unit - Living, dining, sleeping room or rooms, storage closets, as well as space
and equipment for cooking, bathing and toilet facilities, of a size and configuration suitable
for use by only one family and its household employees; when considered in the context of
enforcement of restrictions, any space so used.
50. Easement - A property interest (less than a fee simple estate) which one person has in
land owned by another, entitling the holder of the interest to limited use or enjoyment of the
other's land, such as for a driveway, installation of utility lines, or the like.
51. Effective Date of the Applicable Regulations - means the effective date of the first
pertinent ordinance ever adopted by the City. "Pertinent ordinance" means, for example
with respect to a nonconforming use, the first ordinance which prohibited that use on that
land, which ordinance (and its successors) have continued in effect to the time as of which
the legality of the use needs to be determined.
52. Engineer - A Professional Engineer registered in Idaho.
53. Excavation - See Chapter 70 of the Uniform Building Code.
54. Family - One or more persons occupying a single dwelling unit, provided that all members
are related by blood, adoption, marriage or as provided by law. (IC 67-6531)
55. Fence - A hedge, structure, or partition, erected for the purpose of enclosing a piece of
land, or to divide a piece of land into distinct portions, or to separate two contiguous
estates.
56. Findings of Fact - That part of a decision document which sets out those facts in evidence
found believable by the fact finder, and which the fact finder believes are necessary and
material to their decision. See IC 67-6535.
57. Garage, Service Station - Buildings and premises where gasoline, oil, grease, batteries,
tires and motor vehicle accessories may be supplied and dispensed at retail and where, in
addition, the following services may be rendered and sales made:
a. Sales and service of spark plugs, batteries and distributors parts;
b. Tire servicing and repair, but not recapping or regrooving;
c. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light
bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease
retainers, wheel bearings, mirrors and the like;
ORDINANCE NO.615 page 13 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
d. Radiator cleaning and flushing;
e. Washing, polishing and sale of washing and polishing materials;
f. Greasing and lubrication;
g. Providing and repairing fuel pumps, oil pumps and lines;
h. Minor servicing and repair of carburetors;
i. Adjusting and repairing brakes;
j . Minor motor adjustment not involving removal of the head or crankcase or racing
the motor;
k. Sales of cold drinks, packaged food, tobacco and similar convenience goods for
service station customers, as accessory and incidental to principal operations.
1. Provisions of road maps and other information material to customers, provision of
restroom facilities; and
m. Warranty maintenance and safety inspections.
n. Activities conducted at a filling station shall not include major mechanical and body
work, straightening of body parts, painting, welding, storage of automobiles not in
operating condition or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in filling stations. A filling
station is not a repair garage nor a body shop.
58. Guest House, Quarters - Any building, structure, or portion of a structure separate from
a main residence, on the same lot or unsubdivided acreage, not intended for a primary
residence or for lease or rental purposes, which may be used for visitors, guests and family
members. (Such buildings must meet the requirements of City Code, where applicable, for
separate water connections, and shall be separately connected to a municipal sewer main, or
meet all governmental standards for water and sewage systems where municipal systems
are not available.)
59. Health Authority or Health Department - That office of the Central District Health
Department having approval jurisdiction over land development at McCall.
60. Height, Fence or Screen - The vertical distance measured from the existing grade prior
to construction to the top of the fence. For the purpose of applying height regulations, the
average height of the fence along any unbroken run may be used provided the height at any
point is not more than 10% greater than that permitted by this Title.
61. High Water Mark, Stream - That line which the water of a river, creek or stream of any
kind impresses on the soil by covering or flowing across it with sufficient force and
frequency to deprive it of nonaquatic vegetation and destroy its value for agriculture. The
term has the same meaning as high water mark for purposes of title to land.
62. Home Occupation - An occupation conducted within a dwelling unit which activity is
clearly incidental to the use of the residence as a dwelling and does not change the residential
character thereof, is conducted in such a manner as to not give any outward appearance nor
manifest any characteristic of a business in the ordinary 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 50% of the
residence's floor area which is finished for living purposes.
b. There shall be no commercial advertising, except one nonluminous sign bearing the
name and occupation of the resident, not exceeding two square feet in area, and
placed flat against the building.
ORDINANCE NO. 615 page 14 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
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
and 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
inconvenience to nearby residents or so as to necessitate a parking lot, shall be
prima facie evidence that the occupation is a primary business, and not a home
occupation. "Commercial motor vehicle," for these purposes, shall not be said to
include a United Parcel Service or Federal Express delivery, or other like courier
services and parcel post services, making deliveries to the subject property with a
frequency not uncommon in residential neighborhoods.
63. 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, above. Hotel also includes any dwelling rented for
periods of two weeks or less at a time.
64. Industry, Extractive - Any mining, quarrying, excavating, processing, storing,
separating, cleaning or marketing of any mineral natural resource, "mineral" for these
purposes also including the so-called "common varieties" of earth materials.
65. Institution - Building and/or land designed to aid individuals in need of mental,
therapeutic, rehabilitative, counseling, correctional, or like services.
66. Junk - Any kind of liquid or solid waste when kept under objectively bona fide claim that
the same may be of future use as is, as repaired, for parts, or as recycled; including,
without limitation, trash or refuse of any kind, litter, commercial waste, industrial or
construction or demolition debris of any kind, such as rubble, broken asphalt and concrete,
crates, cartons, metal, glass; appliances or appliance shells, vehicle bodies and parts, and
inoperable or damaged vehicles, and any cast-off tangible personal property or fixtures;
where kept without any such claim of future use, such material constitutes waste material
prohibited under Title 5.
67. Junk Buildings, Junk Shops, Junk Yards - Any land, property, structure, building or
combination of the same, on which junk is stored or processed, including, but not limited
to, recycling facilities.
68. Kennel - Any lot or premises on which three or more domesticated animals more than six
months of age are housed, groomed, bred, boarded, trained or sold.
69. Laundromat - A self-service laundry facility not offering dry cleaning, and open to the
public; the term does not include a laundry facility which is an accessory use for a planned
unit development, for a multifamily housing development, or for a mobile home or travel
trailer park or campground, or the like.
70. Loading Space, Off -Street - Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and accessible to such
vehicles when required off-street parking spaces are filled. Required of -street loading
space is not to be included as off-street parking space in computation of required off-street
parking space. All off-street loading spaces shall be located totally outside of any right-of-
way of a street or alley.
71. Lot - A quantity of land shown as an individual unit on the most recent relevant, approved
plat of record or approved record of survey; and also a quantity of land described in a deed
recorded prior to March 24, 1994 and apparently executed for the purpose, whether
immediate or future, of building development. The word "lot" includes the words "parcel"
ORDINANCE NO.615 page 15 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
and "tract" where such parcel or tract is the smallest quantity of land that includes the site of
a proposed use or building with respect to which a permit is sought, which quantity of land
is the subject of a deed of record. "Lot" does not include a strip or gore of land which was
apparently conveyed for the purpose of adjusting the boundary between ownerships of
record. 'Parcel" and "tract" can also mean a larger quantity of land out of which a
subdivision is being created, or a tract of land set aside for future development, as the
context makes most suitable. "Approved" as used in this paragraph means formally
approved under these or predecessor subdivision regulations.
72. Lot Coverage - The ratio of the combined ground floor area of all structures on a lot, to
the horizontally projected plane area of the lot, expressed as a percentage.
73. Lot Frontage - The front of a lot shall be construed to be the portion nearest the street.
For the purpose of determining yard requirements on corner lots and through lots, all sides
of a lot adjacent to streets shall be considered frontage, and yards shall be provided as
indicated under "Yards" in this section.
74. Lot, Area of - The area of a lot is computed exclusive of any portion of the right-of-way of
any public or private street.
75. Lot of Record - A lot in a subdivision the plat of which is of record in the Office of the
County Recorder; or a lot or parcel described in a record of survey or deed so recorded.
76. Lot Types - Terminology used in this Title with reference to corner lots, interior lots and
through lots means as follows:
a. Corner Lot - A lot located at the intersection of two or more streets;
b . Interior Lot - A lot with only one frontage on a street;
c. Through Lot - A lot other than a corner lot with frontage on more than one street.
Through lots abutting two streets may also be referred to as "double frontage"
lots; and
d. Reversed Frontage Lot - A lot on which frontage is at right angles to the general
pattern in the area. A reversed frontage lot may also be a corner lot.
77. Manufacturing, Heavy - Manufacturing, processing, assembling, storing, testing and
similar industrial uses which are generally major operations and extensive in character,
which require large sites, open storage and service areas, extensive services and facilities,
ready access to regional transportation and which normally generate some nuisances such
as smoke, noise, vibration, dust, glare, air pollution and water pollution.
78. Manufacturing, Light - Manufacturing or other industrial uses which are usually
controlled operations; relatively clean, quiet, and free of objectionable or hazardous
elements such as smoke, noise, odor, or dust; operating and storing within enclosed
structures, and generating little industrial traffic and no nuisances.
79. Mobile Home and Manufactured Home (formerly mobile home) - means a structure,
constructed according to HUD/FHA mobile home construction and safety standards,
transportable in one or more sections, which in the traveling mode is eight feet or more in
body width or is 40 feet or more in body length; or, when erected on site, is 320 or more
square feet, and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities,
and, includes the plumbing, heating, air conditioning, and electrical systems contained
therein; and, such term shall also include any structure which meets all the requirements of
this definition except the size requirements, as to which the manufacturer voluntarily files a
certification required by the Secretary of Housing and Urban Development and complies
with the standards established under 42 U. S. C. 5401 et seq. "Manufactured home" does
not include "modular home."
ORDINANCE NO.615 page 16 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
80. Mobile Home and Travel Trailer Subdivision, Park and Court - See Chapter 20,
Mobile Home Subdivision and Parks.
81. Modular Home - Any building or building component, other than a manufactured home,
mobile home or house trailer, which is used primarily as a dwelling unit and is constructed
according to the standards contained in the Uniform Building Code as adopted by the City,
or any amendments thereto and local building standards, which is of closed construction
and is either entirely or substantially prefabricated or assembled at a place other than the
building site and is designed to be placed upon a permanent foundation. Closed
construction shall mean any manufactured building or building component which may
enclose factory installed structural, mechanical, electrical, or plumbing systems and is not
open for visual inspection at the building site.
82. Nonconforming Use or Structure - A use or structure not permitted in the relevant
zone, but which existed on the date of applicable regulations, and which generally speaking
is permitted to continue. See Chapter 28.
83. Notice - As required by McCall City Code 3-32-020.
84. Nursery, Plant Materials - Land, building, structure or combination thereof for the
storage, cultivation, and transplanting of live trees, shrubs or plants offered for retail sale
on the premises; such use may include sale of products used for gardening or landscaping.
85. Open Space - An area substantially open to the sky which may be on the same lot with a
building. The area may include, along with natural environmental features, water areas,
swimming pools, tennis courts and any other recreational facilities deemed similar by the
Commission and approved by the Council. Streets, parking areas, structures for
habitation, and the like, shall not be included.
86. Overlay - Describes a zone imposing requirements in addition to those of an underlying
zone, applied where characteristics of the land or the type of development proposed for the
land require special considerations. Overlay zones in this Title include:
Zone SL - Shoreline and River Environs District, Chapter 15.
Zone SR - Scenic Route District, Chapter 16
Payette Lake Water and Sewer District, Chapter 17
Flood Hazard Areas, Chapter 18.
87 Owner -
a. The person or persons holding the fee simple estate; and
b. for purposes of eligibility to be an Applicant:
1) a purchaser under a term real estate contract; also
2) a purchaser under an executory purchase, closing of which is conditioned
on approval of such an application, and who has written permission to
apply from the owner defined in (a); also
3) a lessee proposing the use which necessitates the application, and who has
written permission to apply from the owner defined in (a); also
4) a proposed lessee under an unexecuted lease, proposing the use which
necessitates the application, and execution of which lease is conditioned on
approval of such an application, and who has written permission to apply
from the owner defined in (a); and
c. for purposes of enforcement, the owner defined in (a) and also the person or
persons in possession.
ORDINANCE NO.615 page 17 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
88. Parking Space, Off Street - A parking space as defined below, together with properly
related access to a public street or alley, and maneuvering room; and located totally outside
of the right-of-way of any street or alley.
89. Parking Space - A space designed and designated for the parking of automobiles. A
parking space is 9' X 20' for a standard size automobile. A parking space is 7 1/2' X 15'
for a compact size automobile.
90. Patio - A recreation or living area that adjoins or is used in conjunction with a dwelling, is
on grade, and is usually paved or surfaced, e.g., wood, stone, brick, etc., often used for
outdoor dining.
91. Personal Services - Services rendered to the general public, such as, but not limited to, those
rendered by shoe repair shops, barber shops, beauty parlors and similar activities, for gain.
92. Pier - That construction erected upon the shore for the purpose of providing access to
docks.
93. Planned Unit Development (PUD) - An area of land described in a final plan and a
final plat approved pursuant to McCall City Code 3-22, and the improvements and land
features to be constructed on it pursuant to the approval given. This Title recognizes three
types of PUD's with varying requirements.
94. Planning Jurisdiction - The geographic area consisting of the City of McCall together
with the City of McCall Area of City Impact.
95. Plat, Preliminary - A preliminary plan of the plat, subdivision or dedication containing the
elements and requirements set forth in Section 3-21-080.
96. Plat, Final - The plat of a subdivision or dedication, or any portion thereof, completely
approved and executed for filing and recording in the Office of the Valley County
Recorder, pursuant to Chapter 3-21, in particular Section 3-21-140. After the plat is in fact
filed or recorded in the Office of the Recorder for Valley County, it is "final," and is
"recorded" or "of record."
97. Plot Plan - A plan showing the layout of improvements on a lot. The plot plan usually
includes location, dimensions, parking areas, landscaping and the like.
98. Private Community Uses - Churches, Sunday Schools, Parochial schools, colleges,
camps, hospital, and other facilities of an educational, religious, charitable, philanthropic or
non-profit nature.
99. Professional Offices - The use of a building or part thereof and related spaces for such
professional services as are provided by medical practitioners, lawyers, architects,
engineers and similar professions.
100. Public Service Facility - Buildings, power plants or substations, water treatment plants,
pumping stations, sewage disposal or pumping plants, and other similar public service
structures; operated by a public utility, or by a municipal or other governmental agency; for
purposes of furnishing of electrical, gas, communication, water, sewer, and similar services.
101. Public Uses - Public parks, schools, administrative and cultural buildings and structures;
not including public land or buildings devoted solely to the storage and maintenance of
equipment and materials, and not including public service facilities.
102. Replat - A plat of a resubdivision, altering an existing plat or portion thereof. A replat
does not automatically change the dedication of rights -of -way and easements on previous
plats; the dedicated parts of the plat can only be vacated by specific action of the Council,
with Commission recommendation, on an application for a vacation.
103. Research Activities - Research, development and testing related to such fields as
chemistry, pharmacology, medicine, electronics, transportation, and engineering.
ORDINANCE NO. 615 page 18 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
104. Right -of -Way (Public) - A strip of land taken, dedicated, or otherwise acquired for use as
a public way. In addition to the roadway, it normally incorporates space for curbs,
planting strips, sidewalks, lighting, drainage facilities, and snow storage; and may include
special features (required by the topography or treatment) such as back slopes, fill slopes,
grade separation, landscaped areas, viaducts and bridges. See the definitions of "Street."
105. Roadway - A portion or portions of a street right-of-way or of a street without platted
right-of-way developed and opened for vehicular traffic, commonly used by the public,
measured to the curb, in the absence of a curb to the top of the backslope of the borrow
ditch, and in the absence of curb or borrow ditch, to the bottom of the fill slope; where
there is no curb, no borrow ditch, and no fill slope, then to the edge of the traveled way.
106. 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.
107. Seat - For purposes of determining the number of off-street parking spaces for certain
uses, the number of seats is the number of seating units installed or indicated, or each 24
lineal inches of benches, pews or space for loose chairs.
108. Service Station - See Garage.
109. Setback Line - A line established by this Title, generally parallel with and measured from
the lot line, defining the limits of a yard in which a element of a building or structure shall
not be located above ground except as may be provided in this Title. The setback line for
any particular building element shall be determined by measuring from the appropriate lot
line to the outermost protrusion of the building element or structure such as the roof drip
line of a roof, eaves of a roof, or rail of a deck. The setback line from the water pool shore
contour or high water mark shall be measured from the nearest point of such water pool
shore contour or high water mark. Setbacks shall be measured on the horizontally
projected plane.
110. Shoreline - See water pool shore contour, high water mark.
111. Sidewalk - That portion of the road right-of-way outside the roadway which is improved
for the use of pedestrian traffic.
112. Sign - Any device designed to inform or attract the attention of persons not on the
premises on which the sign is located.
a. Sign, On -Premises - Any sign calling attention to a business or profession
conducted, or a commodity or service sold or offered, upon the premises where
such sign is located.
b. Sign, Off -Premises - Any other sign.
c. Sign, Illuminated - Any sign illuminated by electricity, gas or other artificial light
including reflecting or phosphorescent light.
d. Sign, Lighting Device - Any light, string of lights or group of lights located or
arranged so as to cast illumination on a sign.
e. Sign, Projecting - Any sign which projects from the exterior of a building.
113. Slash - Brush, severed limbs, poles, tops and other waste material incident to logging or
land clearing which are less than or equal to 3 inches in diameter.
114. Storage Yard - Any area used for storage of vehicles, equipment, materials and/or similar
items, either commercial or private.
115. Story - That part of a building between the surface of a floor and the ceiling immediately
above it, including the ceiling structure.
ORDINANCE NO.615 page 19 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
116. Street - A right-of-way which provides vehicular and pedestrian access to adjacent
properties. The term "street" also includes the terms highway, thoroughfare, parkway,
road, avenue, boulevard, lane, place, and other such terms. Streets are classified as
follows (where an existing street has less than the below indicated width of right of way,
such fact shall not deprive it of the status of "street," but shall instead evidence City policy
for lawful acquisition of right of way in the fullness of time):
a. Minor - A street which has the primary purpose of providing access to abutting
properties, of which the right-of-way shall be not less than sixty feet in width;
b. Collector - A street designated on the Comprehensive Plan for the purpose of
carrying traffic from minor streets to other collector streets and/or arterial streets, of
which the right-of-way shall be not less than seventy feet in width.
c. Arterial - A street designated on the Comprehensive Plan for the purpose of
carrying fast and/or heavy traffic, of which the right-of-way shall be not less than
eighty feet in width.
d. Private - A street that is not accepted by the City (or, in the Impact Area, by the
County) for public maintenance which provides vehicular and pedestrian access, of
which the roadway shall be adequate in width to provide access for emergency
vehicles when snow is being stored, and in any event with a traveled surface not
less than twenty feet wide. Minimum right-of-way for a private street shall
conform to the functional classification in paragraphs a., b., and c. immediately
above. Such a street shall be dedicated to the public, but the question of opening it
as a public street or for public maintenance rests in the sound discretion of the
Council with respect to lands at the time inside the City Limits, and the Board with
respect to lands at the time in the Impact Area..
e. Cul-de-sac - A short street terminated by a vehicular turn -around.
f. Dead-end - An adjective describing a street terminating at a property line, having no
outlet.
Frontage - A minor street parallel to and adjacent to an arterial street providing
access to abutting properties and protection from through traffic.
h. Highway - A street designated as a State or Federal Highway by the State or federal
agency responsible therefor.
i. Half - A portion of the width of a street, usually along the edge of a subdivision,
where the remaining portion of the street could be provided by dedication in
connection with approval of an adjoining subdivision.
117. Structural Alterations - Any change in the supporting members of a building, such as a
bearing wall, column, beam or girder, floor or ceiling joist, roof rafter, roof diaphragms,
foundation, pilings, retaining walls, or similar elements, or changes in roof or exterior lines.
118. Structure - Anything constructed or erected, the use of which requires location on the
ground or attachment to something having a fixed location on the ground. Among other
things, structures include buildings, mobile homes, walls, fences, decks, patios, satellite
dishes, billboards, and piers or any other construction erected to connect docks to the
shore; "structure" does not for purposes of setbacks from the lot lines include:
a. paths, steps, and sidewalks of less than 49 inch width; and driveways from access
street to automotive vehicle storage areas;
b. in -ground patios;
c. detached planter boxes, or other landscaping features which landscaping features
are not more than 30 inches above the natural terrain, or lot line fences; and
d. docks and retaining walls otherwise permitted by this Title.
g•
ORDINANCE NO.615 page 20 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
119. Subdivider - An applicant for approval of the platting of a subdivision of land pursuant to
this Title. The subdivider shall be an owner as defined above. For purposes of
enforcement, subdivider also includes a person who creates an unapproved subdivision.
(Ord. 387, 7-2-79, am. Ord. 615, -92)
120. Subdivision - The division of a tract or parcel of land into two or more lots, sites, or other
divisions for the purpose, whether immediate or future, of sale, lease, or building
development, including any resubdivision, and when appropriate to the context, the
process of subdividing the land subdivided. "Subdivision" is so defined for purposes of
subject -matter jurisdiction; that certain action constitutes a "subdivision" for purposes of
this Title does not imply the necessity of a plat under State law, as opposed to a "record of
survey" under State law approved as to zoning by the City. See Chapter 21.
121. Supply Yard - A commercial establishment storing and offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
122. Surveyor - A Professional Land Surveyor registered in the State of Idaho.
123. Use - The specific purposes for which land or a building, or a portion of either or both, is
designated, arranged, or intended, or for which it is or may be occupied or maintained.
124. Utilities - Installations for conducting water, sewage, gas, electricity, television, and storm
water, and similar facilities providing service to and used by the public.
125. Variance - The relaxation of an otherwise applicable requirement. See Chapter 30.
126. Veterinary Animal Hospital or Clinic - A place used for the care, grooming, diagnosis
and treatment of sick, ailing, infirm, or injured animals, and those who are in need of
medical or surgical attention, and may include overnight accommodations on the premises
for treatment, observations and/or recuperation. It may also include boarding that is
incidental to the primary activity.
127. Vicinity Map - A drawing which sets forth by dimensions or other means the relationship
of the proposed development to other nearby developments or landmarks and community
facilities and services within the general area, in order to better locate and orient the area
affected by an application.
128. Walkway - A public way, four feet or more in width, for pedestrian use only, whether or
not along the side of a road.
129. Water Pool Shore Contour, Lake - The points and the resulting contour line at which a
horizontal plane intersects the shoreline at the regulatory maximum water pool elevation of
a lake the water pool elevation of which is artificially controlled. In the case of (Big)
Payette Lake, the water pool shore contour is the intersection with the shore of a horizontal
plane at an elevation of 4,988.79 feet above sea level. In the case of a lake the water pool
elevation of which is not artificially controlled, the term water pool shore contour shall
mean the high water mark as the same is defined for purposes of title to land. It is
irrelevant for purposes of this Title that such contour is or is not covered by water at any
particular time or times. It is the intent of this definition that the setback line from a lake be
ascertainable from a surveyable fixed contour the location of which need not necessarily be
the location of the high water mark for purposes of title; because the location of such high
water mark is itself sometimes only conclusively established by litigation, and thus
calculating setbacks from the high water mark is pseudo -precision which makes
enforcement of lake setbacks difficult.
130. Wrecking Yard - A place where the dismantling or wrecking of two or more used motor
vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts, occurs.
131. Yard - A required open space, other than a court, unoccupied and unobstructed by any
ORDINANCE NO.615 page 21 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
structure or portion of a structure; provided, accessories, ornaments and furniture may be
permitted in any yard, subject to height limitations and requirements limiting obstruction of
visibility, defined as the area between the lot line and the setback line. Usable yard
means one or more well -drained open areas covered with lawn grass or other suitable cover
material, located on the same lot as the'principal use, for use by the residents for outdoor
activities. Usable yard may be computed in part using sand boxes, horseshoe pits, and like
outdoor recreational facilities. No dimension of the usable yard shall be less than 10 feet.
Usable yard does not include driveways, common walks, refuse storage or collection
areas, or off-street parking or loading areas. Decks and accessible flat roof areas having at
least one dimension of ten feet, and no dimension less than three feet, may be used to meet
a usable yard requirement.
ORDINANCE NO.615 page 22 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 5
ZONE R-10
RURAL RESIDENTIAL - 10
SECTION:
3-5-010. Purposes
3-5-020. Permitted Uses
3-5-030. Conditional Uses
3-5-040. Prohibited Uses
3-5-050. General Development Standards.
3-5-060. Development Standards
3-5-010. PURPOSES. In furtherance of the provisions of Section 3-2-010, the purposes of
this Chapter are:
(A) To provide areas for residential use which are rural in nature.
(B) To provide for open space recreation.
(C) To preserve, maintain or improve the essential function of physical and ecological systems
and features which significantly affect the general health, safety, welfare and recreational
opportunities of the public.
(D) To define and regulate use and development within areas which may be potentially
hazardous.
(E) To guide development in a manner which makes wise and prudent use of the open spaces
and natural resources of the Planning Jurisdiction.
3-5-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Single family units at no more than one dwelling unit per ten acres, gross density. For any
property within the Payette Lakes Water and Sewer District, the density of development
shall be no greater than that permitted by the District. The more restrictive requirement
shall apply.
(B) Accessory uses in connection with a residence.
(C) Public parks and day -use recreation areas.
(D) Public easements such as: hiking, biking, riding and snowmobile trails and other
easements.
(F) Agriculture and forest: agricultural uses such as grazing, pasturing animals, row crop
production, hay and silage production; provided that commercial feed lots, commercial
poultry operations, hare/rabbit operations, and any other intensive use generating noise,
insects and odors beyond the boundaries of the land ownership on which located, are
prohibited uses.
3-5-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) Planned Unit Developments.
(B) Campgrounds, whether or not developed.
(C) Recreational vehicle parks.
(D) Camps.
(E) Outdoor recreational concessions and recreational equipment rental; and
(F) Kennels and stables
(G) Commercial Farming operations such as plant materials nurseries and other industrial farm
ORDINANCE NO.615 page 23 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
use may be permitted. A permit shall address fencing, management of fecal matter and
agricultural chemicals, insect and rodent control, and odor. Cattle feed lots, commercial
poultry operations, and hare/rabbit operations are prohibited.
(H) Public service facilities.
(I) Dwelling, rooming house (including Bed & Breakfast).
3-5-040. PROHIBITED USES. The following uses are also prohibited in this Zone:
(A) Any use which causes or may reasonably be expected to cause excessive traffic congestion,
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. 'Excessive" is defined for these purposes as a degree exceeding that
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Any use not listed above as a permitted or conditional use.
3-5-050. GENERAL DEVELOPMENT STANDARDS. All uses within the Zone shall
conform to the provisions of Chapter 27, General Development Standards.
3-5-060 DEVELOPMENT STANDARDS.
(A) Within any single plat the minimum lot area shall be 360,000 square feet, provided the
average lot area within such plat equals or exceeds 395,000 square feet. No land shown on
a previous plat for purposes of such a density calculation may be included in a plat being
considered, unless the plat in which it was previously included for such calculations,
without the land in question, still conforms to the minimum average lot size applicable to it.
The minimum lot size in the absence of an applicable plat is 395,000 square feet.
(B) For any permitted use in this District:
1. Land coverage by structures shall not exceed 5% of the total parcel.
2. At least 30% of the total parcel area shall be:
(a) maintained in a manner that preserves existing natural vegetation, or
(b) landscaped with plant species native to similarly situated lands.
3. No use shall have a significant adverse environmental impact upon natural
vegetation or the survival of valuable wildlife or change the amount of water,
sediments or pollutants introduced to any stream, waterway or waterbody in the
Payette River Basin. Natural drainages shall be maintained.
(C) Setback requirements, driveway and parking standards, height limitations and other
development standards shall be the same as specified in Section 3-8-060, Zone A - Low
Density Residential, except that the limitation on the total square footage of accessory
buildings shall not apply.
(D) Waste Collection: Trash and waste collection containers shall be fenced or screened from
public view. After July 1, 1994, any containers in violation of this requirement shall be
considered prohibited, rather than nonconforming.
(E) No building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for on -site sewer service together with any related
septage dumping permit, or for connection to public sewer, as the case may be, by the
appropriate authority in accordance with applicable State health and environmental
requirements and Title 6, McCall City Code.
ORDINANCE NO.615 page 24 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 6
ZONE R-5
RURAL RESIDENTIAL - 5
SECTION:
3-6-010. Purposes
3-6-020. Permitted Uses
3-6-030. Conditional Uses
3-6-040. Prohibited Uses
3-6-050. General Development Standards
3-6-060. Development Standards
3-6-010. PURPOSES. In furtherance of the provisions of Section 3-2-010, Zoning:
(A) To provide areas for residential use which are rural in nature.
(B) To provide open space recreation.
(C) To preserve, maintain or improve the essential function of the physical and ecological
systems and features which significantly affect the general health, safety, welfare and
recreational opportunities of the public.
(D) To define and regulate use and development within areas which may be potentially hazardous.
(E) To guide development in a manner which makes wise and prudent use of the open spaces
and natural resources of the Planning Jurisdiction.
3-6-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Single family units at no more than one dwelling unit per five acres, gross density. For
any property within the Payette Lakes Water and Sewer District, the density of the
development shall be no greater than that permitted by the District. The more restrictive
requirements shall apply.
(B) Accessory uses in connection with a residence.
(C) Public parks and day -use recreation areas.
(D) Hiking, biking, riding and snowmobile trails and other public easements.
(E) Animals such as horses, cows, goats, chickens, pigs, sheep or other typically farm
animals, or any large or domesticated wild animals, may be kept in the R-5 zone as an
accessory use, providing that there shall be no more than one large animal per each two
acres of land.
(F) Agriculture and forest: agricultural uses such as grazing, pasturing animals, row crop
production, hay and silage production; provided that commercial feed lots, commercial
poultry operations, hare/rabbit operations, and any other intensive use generating noise,
insects and odors beyond the boundaries of the land ownership on which located, are
prohibited uses.
3-6-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) Planned Unit Development;
(B) Campgrounds, whether or not developed.
(C) Recreational vehicle parks.
(D) Camps.
(E) Outdoor recreational concessions and recreational equipment rental.
(F) Public service facilities.
ORDINANCE NO.615 page 25 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
(G) Dwelling, rooming house (including Bed & Breakfast).
3-6-040. PROHIBITED USES. The following uses are prohibited in this Zone:
(A) Any use which causes or may reasonably be expected to cause excessive traffic congestion,
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. 'Excessive" is defined for these purposes as a degree exceeding that
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Commercial farm operations such as cattle feed lots, commercial poultry operations,
hare/rabbit operations, and other industrial farm uses which may have deleterious effects on
neighboring properties and their values.
(D) Any use not listed above as a permitted or conditional use.
3-6-050. GENERAL DEVELOPMENT STANDARDS. All uses within the Zone shall
conform to the provisions of Chapter 27, General Development Standards.
3-6-060. DEVELOPMENT STANDARDS.
(A) Lot Area: Within any single plat, the minimum lot area shall be 180,000 square feet,
provided that the average lot area within such plat equals or exceeds 195,000 square feet.
No land shown on a previous plat for purposes of such a density calculation may be
included in the plat being considered, unless the plat in which it was previously included
for such calculations, without the land in question, still conforms to the average lot size
applicable to it. The minimum lot size in the absence of an applicable plat is 195,000
square feet.
(B) For any permitted use in this District:
1. Land coverage by any buildings shall not exceed 8% of the total parcel.
2. At least 30% of the total parcel area shall be:
(a) maintained in a manner that preserves existing natural vegetation, or
(b) landscaped with plant species native to similarly situated lands.
3. No use shall have a significant adverse environmental impact upon natural
vegetation or the survival of valuable wildlife or change the amount of water,
sediments or pollutants introduced to any stream, waterway or waterbody in the
Payette River Basin. Natural drainages shall be maintained.
(D) Setback requirements, driveway and parking standards, height limitations and other
development standards shall be the same as specified in Section 3-8-060, Zone A Low
Density Residential, except that the limitation on the total square footage of accessory
buildings shall not apply.
(E) Waste Collection: Trash and waste collection containers shall be fenced or screened from
public view. After July 1, 1994, any containers in violation of this requirement shall be
considered prohibited, rather than nonconforming.
(F) No building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for on -site sewer service together with any related
septage dumping permit, or for connection to public sewer, as the case may be, by the
appropriate authority in accordance with applicable State health and environmental
requirements and Title 6, McCall City Code.
ORDINANCE NO.615 page 26 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 7
ZONE R-1
RURAL RESIDENTIAL - 1
SECTION:
3-7-010. Purposes
3-7-020. Permitted Uses
3-7-030. Conditional Uses
3-7-040. Prohibited Uses
3-7-050. General Development Standards
3-7-060. Development Standards
3-7-010. PURPOSES. In furtherance of the provisions of Section 3-2-010, Zoning.
(A) To provide areas for residential use which are rural in nature.
(B) To provide open space recreation.
(C) To preserve, maintain or improve the essential function of physical and ecological systems
and features which significantly affect the general health, safety and welfare.
(D) To define and regulate use and development within areas which may be potentially
hazardous.
(E) To guide development in a manner which makes wise and prudent use of the open spaces
and natural resources of the Planning Jurisdiction.
3-7-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Single family units at no more than one dwelling per acre, gross density. For any property
within the Payette Lakes Water and Sewer District, the density of development shall be no
greater than that permitted by the District. In each case, the more restrictive requirements
shall apply.
(B) Accessory uses in connection with a residence.
3-7-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) The keeping of animals such as horses, cows, goats, chickens, pigs, sheep or other typical
farms animals, or any large or domesticated wild animals; large animals such as horses and
cows, shall be limited to five acre or larger tracts. No more than one large animal shall be
permitted per each two acres of land; a principal use of one lot on which there is no
dwelling, which use in fact is an accessory use to the residence on an adjacent lot in
common ownership, may be considered an accessory use for these purposes.
(B) Camps.
(C) Public service facilities.
(D) Dwelling, rooming house (including Bed & Breakfast).
3-7-040. PROHIBITED USES. The following uses are prohibited in this Zone:
(A) Any use which causes or may reasonably be expected to cause excessive traffic congestion,
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. "Excessive" is defined for these purposes as a degree exceeding that
ORDINANCE NO.615 page 27 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Any use not listed above as a permitted or conditional use.
3-7-050. GENERAL DEVELOPMENT STANDARDS. All uses within the Zone shall
conform to the provisions of Chapter 27, General Development Standards.
3-7-060 DEVELOPMENT STANDARDS.
(A) Within any single plat the minimum lot area shall be 35,000 square feet, provided that the
average lot area within such plat equals or exceeds 37,500 square feet; no land shown on a
previous plat for purposes of such a density calculation may be included in the plat being
considered, unless the plat in which it was previously included for such calculations would
be conforming even if the land in question had not been within that plat's boundary. The
minimum lot size in the absence of an applicable plat is 37,500 square feet.
(C) For any permitted use in this District:
1. Land coverage by structures shall not exceed 30% of the total parcel.
2. At least 30% of the total parcel area shall be:
(a) maintained in a manner that preserves existing natural vegetation, or
(b) landscaped with plant species native to similarly situated lands.
(D) Setback requirements, driveway and parking standards, height limitations and other
development standards shall be the same as specified in Section 3-8-060, Zone A - Low
Density Residential.
(E) Waste Collection: Trash and waste collection containers shall be fenced or screened from
public view. After July 1, 1994, any containers in violation of this requirement shall be
considered prohibited, rather than nonconforming.
(F) No building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for on -site sewer service together with any related
septage dumping permit, or for connection to public sewer, as the case may be, by the
appropriate authority in accordance with applicable State health and environmental
requirements and Title 6, McCall City Code.
ORDINANCE NO.615 page 28 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 8
ZONE A
LOW DENSITY RESIDENTIAL
SECTION:
3-8-010. Purposes
3-8-020. Permitted Uses
3-8-030. Conditional Uses
3-8-040. Prohibited Uses
3-8-050. General Development Standards
3-8-060. Development Standards for Residential Structures and Lots
3-8-070. Application of Density and Development Standards
3-8-010. PURPOSES. In furtherance of the provisions of Section 3-2-010, Zoning:
(A) To establish standards governing the development, construction and use of housing and the
residential environment in urbanized or partially urbanized areas of the Planning
Jurisdiction.
(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 people to obtain adequate housing within each area of the
Planning Jurisdiction suitable for residential use in relation to other 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.
3-8-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Single family dwelling units at no more than four dwelling units per acre.
(B) Home occupations.
(C) Accessory uses in connection with the residential use.
3-8-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) Public and private parks for day use only;
(B) Public or private community uses, such as churches, clubs, community centers, museums,
libraries, hospital, medical clinic, care centers and schools which satisfy the requirements
set forth in Section 3-27, General Development Standards.
(C) Guest house, as defined in Section 3-4-020;
(D) Neighborhood convenience stores;
(E) Multifamily dwelling units.
(F) Camps.
(G) Public service facilities.
(H) Dwelling, rooming house (including Bed & Breakfast).
3-8-040. PROHIBITED USES. The following uses are prohibited in this Zone:
ORDINANCE NO.615 page 29 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(A) Any use which causes or may reasonably be expected to cause excessive traffic congestion,
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. "Excessive" is defined for these purposes as a degree exceeding that
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Any use not listed above as a permitted or conditional use.
3-8-050. GENERAL DEVELOPMENT STANDARDS. All uses within the Zone shall
conform to the provisions of Chapter 27, General Development Standards.
3-8-060. DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES AND
LOTS.
(A) The minimum lot area shall be:
1. In an area that on March 24, 1994 was not platted, but has been developed with
individual lots, 10,000 square feet;
2. In platted subdivisions existing on the effective date of applicable regulations, and
in subdivisions that are created by plan of survey or by plat under this Title and
after March 24, 1994, within any single plat the minimum lot area shall be 7,500
square feet, provided that the average lot area within such plat equals or exceeds
10,000 square feet; no land shown on a previous plat for purposes of such a
density calculation may be included in the plat being considered, unless the plat in
which it was previously included for such calculations would be conforming even if
the land in question had not been within that plat's boundary. The minimum lot
size in the absence of an applicable plat is 10,000 square feet.
(B) Lot Width:
(a) Minimum lot frontage width shall be 75 feet at the set back line; the average lot
width shall be 100 feet within any single plat. No land shown on a previous plat
for purposes of such a frontage calculation may be included in the plat being
considered, unless the plat in which it was previously included for such
calculations, without the land in question, still conforms to the frontage
requirements applicable to it.
(b) The pole section of a flag lot shall not be less than 30 feet in width nor more than
150 feet in length.
(C) Lot Length: The length of any lot shall not be greater than three times the average width.
(D) Buildings: No more than one dwelling unit per lot shall be permitted except as
conditionally permitted under Section 3-8-030 (C), Guest house, or 3-8-030 (E),
Multifamily dwelling units. The total combined square footage of accessory buildings such
as detached garages, sheds for tools, fuel and accessories to be used in connection with a
residence building, computed excluding a two vehicle garage per dwelling unit of up to 576
square feet each, shall not exceed 1/2 of the square footage of the building footprint of the
primary dwelling, and no such accessory structure shall exceed 10 feet in height at the
eaves.
(E) Setback Requirements:
(a) No portion of a building shall be closer than 20 feet to the right-of-way line of a
street, nor closer than 10 feet to the right-of-way line of an alley.
(b) No building element shall be closer to a side or rear property line than five feet or
one-half the building height of the building element, whichever is the greater.
ORDINANCE NO.615 page 30 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
t
(F) Maximum Building Height: The maximum height of all buildings shall be 35 feet.
(G) Minimum Distance Between Buildings: The minimum distance between detached dwelling
units on separate lots shall be ten feet; the minimum distance between detached dwelling
units on the same lot shall be 20 feet.
(H) Access, Driveways and Off -Street Parking:
1. No residential building may be constructed in excess of 300 feet of traveling
distance from vehicular access adequate for fire protection vehicles, refuse
collection vehicles, moving vans or other standard service vehicles.
2. Cul-de-sac streets shall meet the requirements in Chapter 21.
3. No driveway shall be wider than 40% of the lot frontage on a public thoroughfare,
except on the pole section of flag lots.
4. Driveway connections to a public street shall conform to standards of design and
construction established by the City.
5. Adequate area for the storage of snow shall be provided for in situations where
snow removal and storage may pose a problem to traffic circulation and street
maintenance.
(I) Streets:
1. All proposed public streets shall conform to the standards specified in Chapter 3-
21, Subdivision Regulations, and Chapter 3-27, General Development Standards.
2. In the event that private streets are proposed for maintenance as public streets, such
streets must meet the requirements in Chapter 21, prior to acceptance for
maintenance.
(J) Fences:
1. Fences and portions thereof built on, or located within twenty feet of the front
property line shall not exceed four feet in height.
2. Other fences built on the property shall not exceed six feet in height.
3-8-070. CALCULATION OF DENSITY, AND DEVELOPMENT STANDARDS
(A) The area to be utilized in calculating the permissible gross density shall consist of all land
owned or controlled by the applicant designated in the permit application which is within
the boundaries with respect to which the permit is requested, but shall not include land
utilized in calculating the permissible density of an earlier application unless all land
designated in the earlier application is designated in the present application.
(B) A separate calculation shall be made for each zone when the permit application specifies
land in more than one zone and the application requests approval of more than two dwelling
units.
(C) Dwelling units previously authorized, or constructed, within the area so designated in the
application shall be included in the calculation.
(D) Permissible density in the Low Density Residential Zone shall not exceed four units per
acre, except as provided under Section 3-8-030(C), Guest house, and (E), Multifamily
dwelling units.
(E) Plot Plans When Subdivision Approval is Not Sought: Where a permit is sought for
residential development containing fewer dwelling units than are permissible on the lot or
parcel in the zone in which the lot or parcel is located, and no subdivision approval is
sought, the applicant shall submit a to -scale plot plan prepared and stamped by a licensed
land surveyor which shall show that future structures can be located on the lot or parcel in a
manner that will conform to the standards established in this Title. Such plot plan shall be
filed by the Clerk in such a manner that it will be available in the future to the Commission
ORDINANCE NO. 615 page 31 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
and to any subsequent purchaser of the lot or parcel 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. (Ord. 387.7-2-79).
(F) Waste Collection: Trash and waste collection containers shall be fenced or screened from
public view. After July 1, 1994, any containers in violation of this requirement shall be
considered prohibited, rather than nonconforming.
(G) No building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for on -site sewer service together with any related
septage dumping permit, or for connection to public sewer, as the case may be, by the
appropriate authority in accordance with applicable State health and environmental
requirements and Title 6, McCall City Code.
ORDINANCE NO.615 page 32 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 9
ZONE B
MEDIUM DENSITY RESIDENTIAL
SECTION:
3-9-010. Purposes
3-9-020. Permitted Uses
3-9-030. Conditional Uses
3-9-040. Prohibited Uses
3-9-050. General Development Standards
3-9-060. Development Standards for Residential Structures and Lots
3-9-070. Application of Density and Development Standards
3-9-010. PURPOSES. In furtherance of the provisions of Section 3-2-010, Zoning.
(A) To establish standards governing the development, construction and use of housing and
compatible uses in areas of the Planning Jurisdiction which already contain, or are suitable
for, moderately intensive residential use.
(B) To preserve the environmental quality of areas which are designated for more intensive
residential use.
(C) To provide opportunity for all people to obtain adequate housing within each area of the
Planning Jurisdiction suitable for residential use in relation to other land uses and consistent
with the preservation of natural, scenic and historical resources.
To encourage a variety of housing types, sizes and densities necessary to meet the needs of
all economic groups.
3-9-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Dwelling units at densities of no more than eight dwelling units per acre, gross density.
(B) Home occupations.
(C) Accessory uses in connection with the residential use.
3-9-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) All conditional uses listed in Section 3-8-030, Zone A - Low Density Residential.
(B) Public and private parks for day use only.
(C) Public or private community uses, such as churches, clubs, community centers, museums,
hospitals, medical clinics, care centers, libraries, and schools which satisfy the
requirements set forth in Chapter 3-27, General Development Standards.
Professional offices built in a residential style; the design of such offices shall be submitted
to the Commission for review and approval without public hearing, which approval
requires a finding that the design is compatible with the residential nature of the
neighborhood and meets the parking requirements of Section 3-25-040, Parking
Regulations.
(E) Mobile home subdivisions, mobile home parks, travel trailer parks, and travel trailer
courts.
(D)
(D)
(F) Camps.
(G) Public service facilities.
ORDINANCE NO.615 page 33 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(H) Dwelling, rooming house (including Bed & Breakfast).
3-9-040. PROHIBITED USES. The following uses are prohibited in this Zone:
(A) Any use which causes or may reasonably be expected to cause excessive traffic congestion,
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. "Excessive" is defined for these purposes as a degree exceeding that
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Any use not listed above as a permitted or conditional use.
3-9-050. GENERAL DEVELOPMENT STANDARDS. All uses within the Zone shall
conform to the provisions of Chapter 27, General Development Standards.
3-9-060. DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES AND
LOTS.
(A) SINGLE FAMILY DWELLING: Single family dwellings shall meet the development
standards specified in Section 3-8-060 of the McCall City Code, except that two such
dwellings may be built attached with a common, party wall upon the lot line with each of
the two involved lots being at least 5,000 square feet; in such a case a party wall agreement
must be recorded in a form satisfactory to the Administrator.
(B) MULTIFAMILY DWELLING UNITS:
1. Lot Area:
a. The minimum lot area for a two unit (duplex) structure to be in one single
ownership shall be 10,000 square feet.
b. The lot area for any other shared wall, zero -lot line, townhouse, and other
multifamily dwelling units shall be not less than 5000 square feet
attributable to each unit, including limited common area to the extent
exclusively for the use of the owner of the unit, but excluding all other
common areas.
c. "Cluster housing", i.e. where single family units in separate ownerships are
clustered together, with or without party walls, may be sited upon 5000
square foot lots only if the Commission approves such a modification of the
lot standards in b. above at the time of plat approval, or if not at such time,
then under the procedures for a conditional use.
2. Street Frontage and Lot Width:
a. Minimum street frontage and lot width for a lot 10,000 square feet or larger,
shall be 60 linear feet.
b. Minimum street frontage and lot width for any development containing a
shared wall, zero -lot line, townhouse or other multifamily dwelling units
shall be 30 linear feet.
c. The street frontage for the pole section of a flag lot shall not be less than 30
linear feet.
3. Lot Length:
a. For any lot in this zone, the average length of any lot shall not be greater
than three times the average width.
b. The maximum length of the pole section of a flag lot shall be 150 feet.
ORDINANCE NO. 615 page 34 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
4. Setback Requirements:
a. No portion of a building shall be closer than 20 feet to the street right-of-
way boundary line.
b. No building element shall be closer to a side or rear property line than five
feet or one-half the building height of the building element, whichever is the
greater, except where cluster or zero -lot -line development involves a party
wall.
5. Building Height: The maximum height of any building shall be 35 feet from the
ground level to the roof peak.
6. Distance between buildings: The minimum distance between buildings in this zone
shall be 10 feet.
7. Accessory units not permitted: On 5,000 square foot lots, no guest houses shall be
permitted nor any other type of adjunct living unit, separated from or
' unconsolidated with the permitted single family unit on the lot.
8. 'Driveways: Driveway connections to public streets shall be no wider than 40% of
the frontage and shall meet the standards set forth in the McCall City Code.
9. Streets: All street rights -of -way in this zone shall be a minimum of 60 feet in width,
whether public or private.
10. Fences: Fences and portions thereof built on, or located within twenty feet of the
front property line shall not exceed four feet in height. Other fences built upon the
i property may not exceed six feet in height.
(C) BUILDINGS. The total combined square footage of accessory buildings such as detached
garages, sheds for tools, fuel and accessories to be used in connection with the residence
buildings, computed excluding a two vehicle garage per dwelling unit of up to 576 square
feet each, shall not exceed 1/2 of the square footage of the building footprint of the primary
dwelling buildings, and no such accessory structure shall exceed 10 feet in height at the
eaves.
3-9-070.APPLICATION OF DENSITY AND DEVELOPMENT STANDARDS;
(A) Calculation of permissible densities and the submission of plot plans where subdivision
approval is not sought shall be as set forth in Section 3-8-070(b), except that the density
requirements in the Medium Density Residential Zone shall not exceed eight dwelling units
per acre.
(B) Waste Collection: Trash and waste collection containers shall be fenced or screened from
public view. After July 1, 1994, any containers in violation of this requirement shall be
considered prohibited, rather than nonconforming.
(C) No building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for on -site sewer service together with any related
septage dumping permit, or for connection to public sewer, as the case may be, by the
appropriate authority in accordance with applicable State health and environmental
requirements and Title 6, McCall City Code.
ORDINANCE NO.615 page 35 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 10
ZONE CB
CENTRAL BUSINESS DISTRICT ZONE
SECTION:
3-10-010. Purposes
3-10-020. Permitted Uses
3-10-030. Conditional Uses
3-10-040. Prohibited Uses
3-10-050. General Development Standards
3-10-060. Standards for Commercial Development
3-10-070. Specific Standards for Residential Development
3-10-010. PURPOSES. In furtherance of the provisions of Section 3-2-010, Zoning.
(A) To encourage and regulate commercial and public and private business activities appropriate
to the Planning Jurisdiction distributed so as to supply goods and services to residents and
visitors in a convenient and efficient manner.
(B) To assure that commercial and business development and uses will not detract from the
environmental qualities of the surrounding areas.
(C) To encourage the maintenance of an alive and well central core to the Planning Jurisdiction,
where people are present at all times of the day and night.
3-10-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Banks and financial institutions.
(B) Business and personal services.
(C) Department stores.
(D) Single and multifamily dwelling units.
(E) Eating and drinking places.
(F) Hotels and motels.
(G) Indoor recreation.
(H) Professional and governmental offices.
(I) Public parks, hiking, riding, biking and skiing trails and easements.
(J) Retail stores.
(K) Funeral homes.
(L) Public parking garages.
(M) Combination buildings with both commercial and residential uses under the procedures for
a Planned Development.
(N) Radio and TV studios.
(0) Rental facilities such as video tape and related equipment, recreational equipment such as
boats, personal watercraft, sailboats, ATV's, snowmobiles, bicycles, but not the rental of
trucks, trailers nor contractor rental yards.
(P) Dwelling, rooming house (including Bed & Breakfast).
ORDINANCE NO. 615 page 36 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
3-10-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) Governmental facilities of an industrial nature, e.g. warehouses, shops and yards.
(B) Drive-in restaurants.
(C) Laundromats and dry cleaning establishments.
(D) Hospitals.
(E) Outdoor amusement facilities.
(F) Radio, TV and telephone towers and relay stations.
(G) Public service facilities.
3-10-040. PROHIBITED USES. The following uses are prohibited in this Zone:
(A) Any use which causes or may reasonably be expected to cause excessive traffic congestion,
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. "Excessive" is defined for these purposes as a degree exceeding that
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Any use not listed above as a permitted or conditional use.
3-10-050. GENERAL DEVELOPMENT STANDARDS. All uses within the Zone shall
conform to the provisions of Chapter 27, General Development Standards.
3-10-060. STANDARDS FOR COMMERCIAL DEVELOPMENT.
(A) Setback Requirements: The minimum building setback from any public street or roadway
right-of-way line shall be five feet.
(B) Driveways and Parking Areas:
1. The minimum driveway width shall be 20 feet for two-way traffic and 14 feet for
one-way traffic.
2. Off-street parking areas shall be provided according to the standards specified in
Chapter 25, Parking Regulations. In this zone the required parking spaces must be
provided as follows:
(a) On site, or pursuant to shared parking agreement approved as provided in
Chapter 25, 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 (a) and (b) above to accommodate the required number
of parking spaces.
3. Where snow removal and storage may pose a problem to traffic circulation or
reduce the amount of required parking, the owner of the property shall designate a
snow storage area and remove snow as necessary.
(C) Height Limitations: No building within the Central Business District shall exceed 35 feet in
height.
(D) Lot Coverage: The amount of land covered by buildings and parking areas shall not exceed
95% of the lot or parcel; landscaping shall be provided throughout the area of the lot or
ORDINANCE NO.615 page 37 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
parcel not covered by buildings, paved parking, or sidewalks.
(E) Waste Collection: Trash and waste collection containers shall be fenced or screened from
public view. After July 1, 1994, any containers in violation of this requirement shall be
considered prohibited, rather than nonconforming.
Public Access and Historic Features: The City encourages the dedication of public access
ways not less than .10 feet in width to publicly -owned land or waters and the preservation
of all historic and archaeological sites known or discovered on the parcel subject to
development. Buildings listed on the National Register of Historic Places shall be removed
or the exterior thereof modified only with the prior approval of the Planning Commission
obtained according to the procedures and standards applicable to variances.
(G) Sidewalks, Curbs and Gutters: Eight foot wide sidewalks with curbs and gutters may be
required where deemed by the Commission to be appropriate and necessary. Monolithic
construction of a sidewalk, curb, and gutter is prohibited.
(H) Buffers: When abutting a Residential Zone, a commercial use shall be responsible for
buffering the residential area from noise, vehicle headlight glare, dust or other impacts with
walls, fences or vegetative barriers sufficient to mitigate those impacts. Prior to the
issuance of a building permit for construction on such abutting Commercial Zone, a site
plan for buffering shall be submitted to the Administrator for approval; an approved
buffering plan shall be a condition of the building permit; its approval may be combined
with the approval of a subdivision or of a zoning map amendment.
3-10-070. SPECIFIC STANDARDS FOR RESIDENTIAL DEVELOPMENT IN THE
CENTRAL BUSINESS DISTRICT.
(A) Density: No more than 20 dwelling units per acre shall be permitted.
(B) Snow Storage Areas: An area equal to 1/3 the size of the required parking lot shall be
provided for snow storage. This area shall not be designated between any property line and
setback line.
(C) Development shall conform to the development requirements in Chapter 9, Zone B,
Medium Density Residential, except that mixed commercial and residential development
pursuant to the provisions for Planned Developments in Chapter 22 are encouraged. No
building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for connection to public sewer by the appropriate
authority in accordance with applicable State health and environmental requirements and
Title 6, McCall City Code.
(F)
ORDINANCE NO.615 page 38 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 11
ZONE C
COMMERCIAL DISTRICT
SECTION:
3-11-010. Purposes
3-11-020. Permitted Uses
3-11-030. Conditional Uses
3-11-040. Prohibited Uses
3-11-050. General Development Standards
3-11-060. Standards for Commercial Development
3-11-070. Specific Standards for Residential Development
3-11-010. PURPOSES. In furtherance of the provisions of Section 3-2-010 Zoning.
(A) To encourage and regulate commercial, public, and private business activities distributed so
as to supply goods and services to residents and visitors in a convenient and efficient
manner.
(B) To assure that commercial and business development and uses will not detract from the
environmental qualities of the surrounding areas.
3-11-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Banks and financial institutions.
(B) Business and personal services.
(C) Department stores.
(D) Dwelling units.
(E) Eating and drinldng 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. (Ord. 387, 7-2-79).
(M) Dwelling, rooming house (including Bed & Breakfast).
3-11-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) Public use.
(B) Drive-in restaurant.
(C) Laundromats and dry cleaning establishments.
(D) Medical facilities.
(E) Outdoor amusement facilities.
ORDINANCE NO.615 page 39 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(F) Radio, TV, and telephone relay stations and radio and TV studios.
(G) Combination buildings with both commercial and residential uses. (Ord. 436, 8-10-81).
(H) Mobile home subdivisions, mobile home parks, travel trailer parks, and travel trailer courts.
(I) Public service facilities.
3-11-040. PROHIBITED USES. The following uses are prohibited in this Zone:
(A) Any use which causes or may reasonably be expected to cause excessive traffic congestion,
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. 'Excessive" is defined for these purposes as a degree exceeding that
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Any use not listed above as a permitted or conditional use.
3-11-050. GENERAL DEVELOPMENT STANDARDS. All uses within this district shall
conform to the provisions specified in Chapter 27, General Development Standards. (Ord. 387, 7-
2-79).
3-11-060. STANDARDS FOR COMMERCIAL DEVELOPMENT.
(A) Setback Requirements:
1. The minimum front yard setback shall be five feet for landscaping purposes.
2. The minimum rear yard setback shall be 20 feet where no alley exists.
3. The minimum flanking street setback shall be five feet.
4. The minimum flanking alley setback shall be three feet.
and no part of any structure shall project over the setback area.
(B) Driveways and Parking.
1. The minimum driveway width shall be 20 feet for two-way traffic and 14 feet for
one-way traffic.
2. Parking areas shall conform to standards of design and construction established by
the City provided that:
(a) No parking lot pavement may be located closer than five feet from the right-
of-way line of a public street, except entrances and exits to such lots.
(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 thoroughfares by a fence,
wall or plant screen; provided, however, that the screening height shall be
lowered to the standards as required under the applicable Traffic Codes
and/or to the standards of the City, 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 27, General Development Standards.
(0 Where snow removal and storage may pose a problem to traffic circulation
or reduce the amount of required parking, the owner of the property shall
designate a snow storage area and remove snow as necessary.
ORDINANCE NO.615 page 40 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(C) Height Limitations. No building within the Commercial District shall exceed 35 feet in
height measured from at any point from the grade prior to construction to the highest point
of the building.
(D) Lot Coverage:
1. The amount of land covered by buildings and parking areas not exceed 80% of a lot
or parcel.
2. All uncovered areas shall be landscaped.
(E) Waste Collection: Trash and waste collection containers shall be fenced or screened from
public view. After July 1, 1994, any containers in violation of this requirement shall be
considered prohibited, rather than nonconforming.
(F) Public Access. The Planning Commission should encourage the dedication of public
access -ways not less than 10 feet in width to publicly owned land or waters and should
encourage the preservation of all historic and archaeological sites known or discovered on
the parcel subject to development. Buildings listed on the National Register of Historic
Places shall neither be removed nor the exterior thereof modified without the prior approval
of the Planning Commission obtained according to the procedures and standards applicable
to variances.
(G) Buffers: When abutting a Residential Zone, a commercial use shall be responsible for
buffering the residential area from noise, vehicle headlight glare, dust or other impacts with
walls, fences or vegetative barriers sufficient to mitigate those impacts. Prior to the
issuance of a building permit for construction on such abutting Commercial Zone, a site
plan for buffering shall be submitted to the Administrator for approval; an approved
buffering plan shall be a condition of the building permit; its approval may be combined
with the approval of a subdivision or of a zoning map amendment.
3-11-070. SPECIFIC STANDARDS FOR RESIDENTIAL DEVELOPMENT.
(A) Density. No more than 16 dwelling units per acre shall be permitted on commercially zoned
property.
(B) Development shall conform to the development requirements in Chapter 9, Zone B,
Medium Density Residential, except that mixed commercial and residential development
pursuant to the provisions for Planned Developments in Chapter 22 are encouraged. No
building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for connection to public sewer, by the appropriate
authority in accordance with applicable State health and environmental requirements and
Title 6, McCall City Code.
(C) Snow Storage Areas. An unpaved area equal to 1/3 the size of the planned parking lot shall
be provided for snow storage. This area shall not be designated between property line and
setback line. (Ord. 436, 8-10-81).
ORDINANCE NO.615 page 41 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 12
ZONE GC
GENERAL COMMERCIAL ZONE
SECTION:
3-12-010. Purposes
3-12-020. Permitted Uses
3-12-030. Conditional Uses
3-12-040. Prohibited Uses
3-12-050. General Development Standards
3-12-060. Standards for Commercial Development
3-12-070. Specific Standards for Residential Development in the Business District
3-12-010. PURPOSES. In furtherance of the provisions of Section 3-2-010, Zoning.
(A) To designate areas suitable for commercial and public and private business activities
appropriate to the Planning Jurisdiction distributed so as to supply goods and services to
residents and visitors in a convenient and efficient manner.
(B) To relate commercial and business activities to established or projected transport, utility and
community pattern so that they may contribute to the general health, safety and welfare of
the public.
(C) To assure that commercial and business development and uses will not detract from the
environmental qualities of the surrounding areas.
(D) The General Commercial District may accommodate a greater variety of good and services
than is permitted in the Central Business District and may include certain non -objectionable
service activities which are semi -industrial in character, subject to a conditional use permit.
3-12-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Automobile sales and service.
(B) Banks and financial institutions.
(C) Business and personal services.
(D) Commercial and personal storage units (mini storage)
(E) Department stores.
(F) Single and Multifamily dwelling units.
(G) Eating and drinking places.
(H) Funeral homes.
(I) Hotels and motels.
(J) Indoor recreation.
(K) Professional offices and buildings.
(L) Public parks, hiking, riding, biking, and skiing trails and easements.
(M) Retail stores.
(N) Service stations.
(0) Theaters.
(P) Supply yards.
(Q) Governmental offices and facilities.
ORDINANCE NO.615 page 42 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(R) Schools.
(S) Churches.
(T) Drive-in restaurants.
(U) Medical facilities.
(V) Outdoor amusement facilities.
(W) Laundromats.
(Y) Rental facilities, including truck and trailer rental and contractor rental yards.
(Z) Dwelling, rooming house (including Bed & Breakfast).
3-12-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Chapter 3-31, Conditional Use Permits:
(A) Light manufacturing uses which are determined by the Planning Commission to be
compatible with the character of the General Commercial Zone.
(B) Public service facilities.
(C) Dry cleaning establishments
(D) Other uses deemed appropriate by the Commission
3-12-040. PROHIBITED USES. The following uses are prohibited in this Zone:
(A) Any use which causes or may reasonably be expected to cause traffic congestion, excessive
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. "Excessive" is defined for these purposes as a degree exceeding that
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Any use not listed above as a permitted or conditional use.
3-12-050. GENERAL DEVELOPMENT STANDARDS. All uses within this District shall
conform to the provisions specified in Chapter 27, General Development Standards.
3-12-060. STANDARDS FOR GENERAL COMMERCIAL DEVELOPMENT.
Development standards for commercial development shall be the same as specified in Section 3-
11-060, Commercial District.
3-12-070. SPECIFIC STANDARDS FOR RESIDENTIAL DEVELOPMENT IN
GENERAL COMMERCIAL DISTRICT
(A) Density shall be no more than 16 dwelling units per acre.
(B) Provision for snow storage shall be the same as for the central business district, Section 3-
10-060 (B).
(C) Development shall conform to the development requirements in Chapter 9, Zone B,
Medium Density Residential, except that mixed commercial and residential development
pursuant to the provisions for Planned Developments in Chapter 22 are encouraged. No
building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for connection to public sewer by the appropriate
authority in accordance with applicable State health and environmental requirements and
Title 6, McCall City Code.
ORDINANCE NO.615 page 43 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 13
ZONE
INDUSTRIAL
SECTION:
3-13-010. Purposes
3-13-020. Permitted Uses
3-13-030. Conditional Uses
3-13-040. Prohibited uses
3-13-050. General Development Standards
3-13-060. Standards for Industrial Development
3-13-010. PURPOSES. In furtherance of the provisions of Section 3-2-010, Zoning.
(A) To provide and protect lands conveniently located to existing and potential transportation
routes for the grouping of heavy commercial warehousing and assembly uses that are not
compatible with the permissible activities in Commercial or Residential Zones.
(B) To regulate and control development, construction and organization of land for the above
uses.
(C) To insure that industrial uses are not detrimental to any bordering residential or commercial
zone and do not interfere with the operation of the airport or any transportation facility.
3-13-020. PERMITTED USES. The following uses are permitted provided that all
applicable standards established in this Title are met.
(A) Bulk petroleum storage.
(B) Contractor storage yards.
(C) Eating and drinking places.
(D) Indoor recreation.
(E) Professional offices and buildings.
(F) Manufacturing, Light.
(G) Public parks and private parks.
(H) Research and development facilities.
(I) Service stations.
(J) Terminal yards trucking facilities.
(K) Truck and tractor repair facilities.
(L) Warehouse and wholesaling facilities.
(M) Assembly plants.
(N) Storage buildings and yards.
(0) Recycling Centers.
(P) Dwelling, rooming house (including Bed & Breakfast).
3-13-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) Public service facilities.
(B) Manufacturing, Heavy.
ORDINANCE NO.615 page 44 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(C)
(D)
(E)
(F)
Planned unit development.
Industry, extractive.
Radio, TV and telephone relay stations.
Wrecking yards.
3-13-040. PROHIBITED USES. The following uses are prohibited in this Zone:
Any use which causes or may reasonably be expected to cause traffic congestion, excessive
noise, vibration, smoke, dust, or other particulate matter, humidity, heat or glare, noxious
fumes, toxic or hazardous waste, or visible refuse, at or beyond any lot line of the lot on
which it is located. 'Excessive" is defined for these purposes as a degree exceeding that
generated by uses permitted in the district in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts, except in
wrecking yards operated under and in conformity with a conditional use permit.
(C) Any use not listed above as a permitted or conditional use.
3-13-050. GENERAL DEVELOPMENT STANDARDS.
(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 or odor, dust, smoke,
cinders, gas, fumes, vibration, refuse matter or water -carried waste or toxic
chemicals.
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.
(B) No uses in the general vicinity of the airport are 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 prevent expansion,
according to the Airport Master Plan, of the airport or facilities associated with the airport.
The Planning Commission may require an Environmental Impact Statement to be submitted
prior to making a recommendation on a zoning map amendment, conditional use permit, or
variance, when it concludes on a rational basis that the use contemplated by the application
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
analyzed in the Environmental Impact Statement shall be specified by the Commission.
All uses within this District shall conform to the provisions specified in Chapter 27,
General Development Standards.
3-13-060. STANDARDS FOR INDUSTRIAL DEVELOPMENT.
(A) Lot Area:
1. The minimum lot size shall be 10,000 square feet.
(B) Setback Requirements:
1. The minimum front yard setback shall be 35 feet.
2. The minimum side yard and rear yard setback shall be 10 feet, except 20 feet when
abutting on a residential district.
3. The minimum flanking street setback shall be 35 feet.
(D)
(E)
ORDINANCE NO.615 page 45 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
4. The minimum distance between detached buildings on the same parcel shall be 10
feet.
5. A sight -obscuring fence or other suitable screening is required where a commercial
or industrial use abuts the side or rear yard of any property in a residential district.
6. Such fence shall be six feet (6') in height except in the required front yard where it
shall be not more than four (4') in height.
(C) Lot Width Requirements: No lot shall be created unless it has a minimum street frontage of
75 feet.
(D) Driveways and Parking:
1. The minimum driveway width in the Industrial Zone shall be 20 feet for two-way
traffic and 14 feet if there is one-way traffic.
2. Parking areas shall conform to standards of design and construction established by
the City provided that:
(a) No parking lot pavement edge may be located closer that five feet from the
right-of-way line of a public street.
(b) All lots shall be screened from public thoroughfares by a fence, wall or
plant screen not less that four feet and not more than six feet in height;
provided, however, that the screening height shall be lowered to the
standards as required under the applicable Traffic Codes at street corners,
driveway intersections and other locations.
(c) Off-street parking areas shall conform to the space requirements and
standards specified in Chapter 27, General Development Standards.
(d) Where special conditions exists which make compliance with these
standards impractical the Commission will consider alternative proposals
presented according to the procedures and standards for a variance.
(e) 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 and remove snow as
necessary.
(E) Waste Collection: Trash and waste collection containers shall be fenced or screened from
public view. After July 1, 1994, any containers in violation of this requirement shall be
considered prohibited, rather than nonconforming.
(F) All areas not covered by buildings, by improved parking areas, or by improved roads or
pathways shall be landscaped.
(G) No building permit for a structure which contains, will contain, or is required to contain
wastewater generating fixtures or appliances shall be issued unless and until a permit has
been issued for the same development for on -site sewer service together with any related
septage dumping permit, or for connection to public sewer, as the case may be, by the
appropriate authority in accordance with applicable State health and environmental
requirements and Title 6, McCall City Code.
(H) The Planning Commission encourages the dedication of public access ways not less than
10 feet in width to publicly owned land or waters and encourages the preservation of all
historic and archaeological sites known or discovered on the parcel subject to development.
ORDINANCE NO.615 page 46 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
CHAPTER 14
ZONE NW
NAVIGABLE WATER ZONE
SECTION:
3-14-010. Generally
3-14-020. Permitted Uses
3-14-030. Conditional Uses
3-14-040. Prohibited Uses
3-14-010. GENERALLY.
(A) The Navigable Water Zone is intended to provide for the appropriate usage of, and for the
adequate protection of, the surface water resource within the City limits and the Area of
City Impact. The landward boundary of the Navigable Water Zone is the water pool shore
contour of Payette Lake, the high water mark of the North Fork of the Payette River, and
the water pool shore contour of such other navigable lakes and the high water mark of such
other navigable streams as are or may become within the Planning Jurisdiction. The
Navigable Water Zone includes the entire waterbody between or encircled by the landward
boundaries. "Navigable", for purposes of this Chapter, has the same meaning as
"navigable" for purposes of title under the Submerged Lands Act and the equal footing
doctrine, whether or not there were any Federal reserved rights as might have prevented
vesting of title in the State as to some particular navigable waters.
(B) The use of navigable waters, in addition to recreation and other public uses should
recognize the littoral and riparian rights of the upland property owners adjacent to the lake
and river.
(C) Compliance with all applicable County, State and Federal laws is required.
(D) Project review under the procedures for a conditional use is required for all proposed future
uses.
(E) The landward boundary of the Navigable Water Zone is not necessarily coextensive with
the waterward boundary of the Shoreline and River Environs Zone. The Shoreline and
River Environs Zone is an overlay zone which can apply to areas within the Navigable
Water Zone, as well as to dry land.
3-14-020. PERMITTED USES. In addition to public uses of the public waters, all uses that
are normal accessory uses to the principal use on the adjacent upland property and within the
littoral or riparian rights of the owners of that property, including the following:
(A) Accessory uses related to boating, swimming and other water -related activities.
(B) Private docks.
3-14-030. CONDITIONAL USES. The following uses may be permitted in accordance with
the procedures and standards set out in Section 3-31-030, Conditional Use Permits:
(A) Commercial docks, wharves, piers and marinas.
(B) Boat ramps.
(C) Outdoor amusement facilities.
3-14-040. PROHIBITED USES. The following uses are prohibited in this Zone:
(A) Buildings or structures not expressly permitted above.
ORDINANCE NO.615 page 47 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
(B) Any use which causes or may reasonably be expected to cause excessive noise, vibration,
smoke, heat or glare, noxious fumes, toxic or hazardous waste, or visible refuse, at or
beyond the extension of the side lot lines of the associated upland lot or parcel over the
water and at right angles to the shoreline. "Excessive" is defined for these purposes as a
degree exceeding that generated by uses permitted in the district in their customary manner
of operation, or to a degree injurious to the public health, safety, welfare or convenience;
(B) Disposal or storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
(C) Any use not listed above as a permitted or conditional use.
ORDINANCE NO.615 page 48 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 15
ZONE SL
SHORELINE AND RIVER ENVIRONS
(OVERLAY)
SECTION:
3-15-010. Purpose
3-15-020. Land Included
3-15-030. Permitted Uses
3-15-040. Requirements for Development
3-15-01 O. PURPOSE. Payette Lake and the North Fork of the Payette River are critical
economic resources of the Planning Jurisdiction, because they are the distinguishing feature of this
area making it a destination resort for tourists and summer residents. It is therefore the purpose of
this Chapter to regulate development along and alterations of the shoreline of Payette Lake and the
banks and immediate flood plain of the Payette River in order to protect and maintain water quality,
fish and wildlife habitat, edge and forest habitat, viewsheds, and public visual and physical access.
3-15-020. LANDS INCLUDED. The lands between the water pool shore contour of the
named Lakes and the high water mark of the other named water bodies below, and a line parallel to
and 150 feet away from the water pool shore contour or high water mark, except on lots fronting
East Lake Street in McCall, where it shall be to Mill Road, but no more than 300 hundred feet:
(A) Payette Lake, and
(B) The North Fork of the Payette River.
together with so much of the land below such line or high water mark as is affected by a use
addressed in this Chapter. If any portion of a structure lies within this district, then the total
structure shall be deemed to be within this district. Docks, land fills, retaining walls, and other
uses addressed in this Chapter shall be deemed within and regulated by this District without regard
to whether all or any part thereof also falls within the Navigable Water Zone.
3-15-030. PERMITTED USES. All those uses permitted in the underlying zones upon
which this zone is superimposed shall be permitted provided they satisfy the special conditions set
forth in this Chapter, except that:
(A) Open storage of anything but firewood or recreational equipment (other than highway
vehicles) on the lake front side of the residence shall not be permitted.
(B) No building and no land filling shall be permitted within a floodway as such term is defined
in Chapter 18, and no building within an Area of Special Flood Hazard as such term is
defined in Chapter 18, unless the applicant complies with the standard set forth in Section
3-18-060, Flood Hazard Areas.
3-15-040. REQUIREMENTS FOR DEVELOPMENT.
(A) No conditional use or building permit shall be issued, nor is any development, grading, or
alteration of any land within this Zone permitted, unless the applicant establishes to the
satisfaction of the Commission and Council in the case of a conditional use, or of the
Administrator in the case of a building permit, that:
1. The proposed development meets all requirements of this Title.
2. The plans accurately identify the water pool shore contours and high water marks,
which in the case of river environs, shall mean the limits of the area of special flood
hazard.
ORDINANCE NO.615 page 49 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
3. A letter is on file from a specialist certified by the United States Army Corps of
Engineers as a wetlands expert, which letter certifies that no wetlands or fill of
navigable waters issues were presented by the proposed development; or a Section
10 or a Section 404 permit, whichever is appropriate, is on file.
4. The requirements of the underlying zone are met.
(B) Development:
1. No construction, alteration or activity shall cause harm to
(a) water quality, or
(b) fish and aquatic habitats, or
(c) wetlands, or
(d) significant wildlife habitat harboring any threatened or endangered species, or
(e) views of, from, or across the Lake or River.
2. "Harm" for these purposes means
(a) the creation of conditions which foster run-off of, or other entrance of, toxic
substances, pollutants, or contaminants into the water; or
(b) the excessive clearing of natural vegetation or change of natural landforms
within the area between the water pool shore contour or high water mark
and the 50-foot building set -back line; or
(c) the removal, burial, or destruction in whole or part of boulders, sandy
beaches, rocky shores, or other features of the water pool shore contour or
high water mark, the land below the same, or the immediate upland edge; or
(d) the filling or dredging of lake bottom or wetlands; or
(e) the erection of visual barriers between the Lake or river and the roads on the
uplands, beyond the extent reasonably necessary for an owner's usage of
the land for a permitted use.
3. Improvements.
(a) The owner shall apply for approval under the provisions of 3-22-200 et
seq., Planned Development, if the owner wishes to construct, in whole or
part on the land within the Zone, any improvements other than:
1. A single family residence, and/or
2. Accessory structures commonly associated with dwellings, such as
garages or tool sheds; however,
3. The application for a building permit for such a dwelling or
accessory structure must be accompanied by a site plan
demonstrating that no harm, as defined above, is threatened by the
construction; and construction in accord with that site plan shall be a
condition of the permit issuance.
(b) The application shall be evaluated against the standards set out paragraphs 1
and 2 of this Section, except that improvements discussed below in
paragraphs 4 and following of this Section shall be evaluated against the
standards in those paragraphs.
(c) All structures other than those addressed by paragraphs 4. and following of
this Section, regardless of underlying zone, shall be set back fifty feet from
the lake water pool shore contour or high water mark and fifty feet from the
stream high water mark. Fencing shall not extend below such water pool
shore contour or high water mark, and access along the beach below such
water pool shore contour or high water mark shall be unobstructed, except
ORDINANCE NO. 615 page 50 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
as otherwise provided in the approval of an applicable conditional use or
variance. Public walkways to the waterfront, and private walkways not
exceeding 8 feet in width of like purpose from the area of upland structures,
are permitted.
(d) Additionally, development in Commercial Zones, including buildings,
parking areas, and sidewalks, shall not cover more than 80% of the total
area of the lot or parcel; except in the Central Business District Zone where
the total lot coverage may be up to 95%, with not less than the remaining
5% maintained in landscaping.
4. Private docks and piers shall:
(a) Require a building permit from the City in addition to the permits required
by the State Department of Lands, or other authorities having jurisdiction.
(b) Be used to provide access to boats.
(c) Be floating or held on pilings.
(d) Be built with chemically inert materials; and foam materials shall be fully
enclosed.
(e) Not be constructed in whole or part by or in association with excavation or
dredging, unless a conditional use permit has first been issued.
5. Public or commercial marinas, docks and piers are a conditional use and shall meet
all requirements in 3-15-040(a) and in addition shall:
(a) Provide an Environmental Assessment which addresses the issues identified
by the Planning Commission upon initial inquiry by a person who proposes
to become an applicant for such conditional use.
(c) Have restrooms, pump -out facilities for boat sewage receptacles, and trash
receptacles for other boat wastes, on or near and accessible from such facilities.
(d) Meet all other building code and environmental requirements.
6. Retaining walls and similar construction to arrest erosion shall be permitted and
shall:
(a) Be at or above the higher of:
1. the ordinary high water mark for purposes of title to land, as
determined by the Idaho Department of Lands, or
2. the lake water pool shore contour;
and not involve fill above original, natural grade and contour at the location,
unless a different location, and/or different fill, is approved by the Planning
Commission as a conditional use, and is also declared by it to be beneficial
to the public and the environmental qualities of the shoreline; and unless that
different location is also permitted by other governmental authorities having
jurisdiction1 provided, however, that fill may be added directly behind a
retaining wall to an extent not greater than 18 inches above original, natural
grade at the wall, and blended back into the natural slope. "Original", for
purposes of this subsection, means existing historically within the prior two
years.
(b) Be constructed of reinforced native rock and/or concrete.
(c) Not be painted.
(d) Be set at such a depth to prevent movement of backfill materials into the
water, and at such a depth set and reinforced to the extent to prevent frost
heaving and other natural structural deterioration.
ORDINANCE NO.615 page 51 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
7. Breakwater and similar construction shall:
(a) 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 by the Planning Commission as a conditional use.
(b) Be floating, and shall not extend more than 1 foot above the surface of the
lake; and shall be lit or marked as required by the State of Idaho.
ORDINANCE NO.615 page 52 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 16
ZONE SR
SCENIC ROUTE DISTRICT
(OVERLAY)
SECTION:
3-16-010. Purposes
3-16-020. Lands Included
3-16-030. Requirements for Development
3-16-010. PURPOSES. To preserve, maintain and improve visual access from public
collector and arterial streets and to improve the visual quality of existing streets and adjacent uses,
and control the visual quality of future development. To preserve and maintain the scenic quality
of Warren Wagon Road and East Side Road.
3-16-020. LANDS INCLUDED. The Scenic Route District includes:
(A) One hundred fifty foot 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 away from such
right-of-way lines, together with any right of way not part of the roadway:
(1) State Highway 55, its bypass, and any business alternate, when constructed or
designated;
(2) East Side Road;
(3) Warren Wagon Road; and
(4) Lick Creek Road from Pilgrim Cove Road east to the boundary of the Impact Area.
Additional streets or roads may be designated as a part of this district by amending this
section.
(B) Any structure any part of which is within 150 feet 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 Section 3-16-030, notwithstanding that portions of the
structure are not on land that is within the District.
3-16-030. REQUIREMENTS FOR DEVELOPMENT. Prior to the issuance of a building
permit, and prior to any clearing, grubbing, excavation, or other construction, the owner shall
apply for approval of a site plan. Procedures for the processing of the application shall be
governed by the procedural rules for conditional uses. No building permit shall be issued, nor any
such construction undertaken, until approval of the site plan.
(A) 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 views, if any, obscured.
(B) The Planning Commission shall ascertain whether the proposed development, improvement
or use will:
1. Block or disrupt the visibility of significant views or features. Unless approved
under the standards of subparagraph 2, below, no structure shall be approved
within that portion of the Zone which includes East Side Drive and Warren Wagon
Road except upon those lands that prior to March 24, 1994 are a portion of a platted
subdivision or have already been otherwise subdivided into individual parcels in a
pattern suitable, without further subdivision, for the commercial or residential uses
typically being made in the vicinity.
ORDINANCE NO.615 page 53 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
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) Setbacks: All structures in subdivisions platted after March 24, 1994 are to be set back
from the property line not less than seventy-five feet, except that where the lot is within
Zones "A", "B", "C", "CB", or "GC", the setbacks provided for such Zone shall govern
instead.
(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 timber. 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 3-27-030 respecting Fire Hazard Mitigation.
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 take into consideration the replacement of trees thereafter dying.
(E) Access roads.
1. Access roads in subdivisions and resubdivisions platted after March 24, 1994 will
be kept to a minimum. Every subdivision platted after March 24, 1994 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 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 24, 1994, shall be no closer than one thousand feet to each
other. Where the entire frontage of a parcel on the Scenic Route on March 24, 1994
is less than one thousand feet 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, and in existing subdivisions where individual lots with
Scenic Route right of way as a lot boundary cannot obtain access to the public road
from some access road interior to the subdivision, the driveway distances in the
applicable zone shall apply, although common driveways on common lot lines, thus
two driveway accesses per four lots, are encouraged.
(F) Bike paths. Some or all of the routes listed in Section 3-16-020 are designated by the
Parks and Recreation Master Plan, first adopted in 1986, to have a bike path, walkway or
other recreational routing along side, or as a part of the scenic route. Where such
designation exists, the Commission shall assist in the effectuation of the master plan by the
exaction of recreational easements or dedication of additional right-of-way or other
techniques to ensure a continuous route for such uses.
ORDINANCE NO.615 page 54 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 17
PAYETTE LAKES WATER AND SEWER DISTRICT
(OVERLAY)
SECTION:
3-17-010. Purpose
3-17-020. Date of Designation of Overlay
3-17-030. Permitted Hook -Up Densities
3-17-040. Exemptions
3-17-010. PURPOSE. The purpose of the Payette Lakes Water and Sewer District Overlay
is to conform the use and development of lands so designated to the grant conditions imposed by
the U. S. Environmental Protection Agency in conjunction with the funding provided by such
Agency to the Payette Lakes Water and Sewer District for the construction of the District's
Facilities including the expansion and rehabilitation of certain facilities owned by the City:
The relevant grant condition is that currently identified as Special Condition 7, dated June
7, 1977, replacing the original Special Condition 7 set forth in paragraph III b., page 5, of
the Grant Agreement dated September 3, 1976. This grant condition, in the relevant part,
relates to the population predictions and other planning assumptions implicit in the overall
facilities plan jointly adopted by the City and the District, which factors are reflected in the
District's Design Density Map. By resolution adopted March 3, 1980, the City agreed to
conform to such densities in the event any District lands were annexed into the City.
This Chapter implements such Agreement, and further provides for zoning enforcement of the
District's requirements within the Impact Area.
3-17-020. DATE OF DESIGNATION OF OVERLAY. Land which was within the
boundaries of the Payette Lakes Water and Sewer District as of June 7, 1977, and which is also
within the boundaries of the City, is designated to be within the Payette Lakes Water and Sewer
District (Overlay) Zone.
3-17-030. PERMITTED HOOK-UP DENSITIES. The lands within the Payette Lakes
Water and Sewer District (Overlay) Zone shall be restricted to a finite number of sewer hook-ups.
The specific number applicable to a given parcel of land within the overlay shall conform to Payette
Lakes Water and Sewer District densities. Any applicant seeking the issuance of a building permit
within this Overlay Zone shall investigate the need for and seek the approval of the Payette Lakes
Water and Sewer District with respect to any sewer hook-ups involved in the proposed work or
use. Further, as provided by Title II of the McCall City Code, no building permit shall be issued
unless such a sewer service connection permit has been issued simultaneously.
3-17-040. EXEMPTIONS. In the event the land in question is not actually serviced by the
Payette Lakes Water and Sewer District in that no sewer lines are physically or legally accessible
within the 300 foot service criteria, even though the Sewer District's design density map standards
qualify such land for some number of hook-ups, the Applicant, upon demonstrating such
inaccessibility, may seek the necessary hook-up approvals through the City rather than the District.
(Ord. 482, 8-20-84)
ORDINANCE NO.615 page 55 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 18
FLOOD HAZARD AREAS
(Overlay)
SECTION:
3-18-010. Statement of Purpose
3-18-020. Adoption of Flood Insurance Rate and Flood Insurance Study
3-18-030. Definitions
3-18-040. General Provisions
3-18-050. Administration
3-18-060. Provisions for Flood Hazard Reduction
3-18-070. Severability
3-18-010. STATEMENT OF PURPOSE. It is the purpose of this Chapter to promote the
public health, safety, and general welfare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed, and to adopt regulations required under the
Federal flood insurance program. Therefore, nothing in this Chapter shall be deemed to permit a
land use or structure prohibited by another Chapter of this Title. Such purpose includes:
(A) To protect human life and health;
(B) To minimize expenditure of public money and costly flood control projects;
(C) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public.
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and utilities such as water mains, electric, telephone
and sewer lines, streets, and bridges located in areas of special flood hazard;
(F) To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so to minimize future flood blight areas;
To ensure that potential buyers are notified that property is in an area of special flood
hazard;
(H) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions; and
(I) To establish a flood hazard zone which shall be an overlay zone.
3-18-020. ADOPTION OF FLOOD INSURANCE RATE AND FLOOD INSURANCE
STUDY. The City hereby adopts by reference the flood insurance rate maps and flood
insurance study as compiled by the Federal Emergency Management Agency, for the City, the
effective date of which is April 17, 1989, as well as Flood Insurance Rate Map No. 160220 0304A
compiled for the Valley County insofar as it relates. to lands and waters since annexed by and
within the City Limits of the City of McCall, and three copies of both of which are available for
public review at the office of the City Clerk, City Hall, City of McCall.
3-18-030. DEFINITIONS. Unless specifically defined below, words or phrases used in this
Chapter shall have the meaning they have in common usage and be construed to give this Chapter
its most reasonable application. The definitions below apply to this Chapter and to Chapter 15, but
to Chapter 15 only to the extent expressly stated in that Chapter.
(G)
ORDINANCE NO.615 page 56 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(A) Area of Special Flood Hazard - The land in the flood plain within a community subject
to a 1 % or greater chance of flood in any given year. Designation on maps always includes
the Letters A or V.
(B) Base Flood - The flood having a 1% chance of being equaled or exceed in any given year.
Also referred to as the "100-year flood." Designation on maps always includes the letters
A or V.
(C) Development - Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of special flood hazard.
(D) Flood or Flooding - A general and temporary condition of partial or complete inundation
of normally dry land areas from:
1. The overflow of inland or tidal waters and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
(E) Flood Insurance Rate Map (FIRM) - The official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
(F) Flood Insurance - The official report provided by the Federal Administration that
includes profiles, the Flood Boundary-Floodway Map, and the water surface elevation of
the base flood.
(G) Floodway - The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
(H) Lowest Floor - The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable non -elevation design requirements of this Chapter.
(I) Manufactured Home - For purposes of this Chapter, a structure, transportable in one or
more sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities. For flood plain
management purposes the term "manufactured home" also includes park trailers, travel
trailers, motor homes, and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes the term "manufactured home" does not include
park trailers, travel trailers, and other similar vehicles.
(J) New Construction - Structures for which the "start of construction" commenced on or
after April 13, 1989.
(K) Start of Construction - Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavating; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers, or foundation or the erection of
temporary forms; nor does it include the installation of the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure.
(L) Structure - For purposes of this Chapter, a walled and roofed building including a gas or
ORDINANCE NO.615 page 57 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
liquid storage tank that is principally above ground.
(M) Substantial Improvement - Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the structure either:
1. Before the improvement or repair is started, or
2. If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure.
3-18-040. GENERAL PROVISIONS.
(A) Lands to Which this Chapter Applies: This Chapter shall apply to all areas of special flood
hazard within the corporate limits of the City. Should it ever be held by a court of
competent jurisdiction that laws of the type of which this Chapter is one, are properly a
creature of the power to plan and to zone, and that the equivalent ordinance of Valley
County is thus inapplicable to the Impact Area, then this Chapter shall also apply to the
Impact Area and be deemed to have so applied since March 24, 1994, and within such
Impact Area the official report used by Valley County shall be utilized in administering this
Chapter in the Impact Area.
(B) Basis for Establishing the Areas of Special Flood Hazard: The areas of special flood hazard
identified by the Federal Insurance Administration in a scientific and engineering report
entitled "The Flood Insurance Study for McCall, Idaho", dated April 17, 1989, with
accompanying flood insurance maps is hereby adopted by reference and declared to be a
part of this Chapter. The Flood Insurance Study is on file at the office of the City Clerk,
McCall City Hall, 216 Park Street, P. O. Box 1065, McCall, Idaho, 83638. Should the
City annex lands not shown in such report, but shown in a similar report prepared for use
by Valley County, then such report used for Valley County shall be used in the
administration of this Chapter.
3-18-050 ADMINISTRATION.
(A) Establishment of Development Permit:
Development Permit Required: A development permit shall be obtained before construction
or development begins within any area of special flood hazard. The permit shall be for all
structures including manufactured homes, as defined in the definitions in Section 3-18-030
and for all development including fill and other activities, also as defined in the definitions
in Section 3-18-030.
(B) Designation of the Office of City Manager as Administrator: The City Manager or the City
Manager's designee is hereby appointed to administer and implement this Chapter by
granting or denying development permit applications in accordance with its provisions.
(C) Duties and Responsibilities of the Administrator: Duties of the Administrator shall include,
but not be limited to:
1. Permit Review:
(a) Review all development permits to determine that the permit requirements of
this Chapter have been satisfied.
(b) Review all development permits to determine that all necessary permits have
been obtained from those Federal, State, or local governmental agencies
from which prior approval is required.
(c) Review all development permits to determine if the proposed development is
located in the floodway. If proposed development is located in the
floodway, assure that the encroachment provisions of Section 3-18-060 (C)
ORDINANCE NO.615 page 58 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
1 are met.
2. Use of Other Base Flood Data: When base flood elevation data has not been
provided in accordance with Section 3-18-040 (B). "Basis for Establishing the
Areas of Special Flood Hazard", the Administrator shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a
Federal, State or other source in order to administer Sections 3-18-060(C),
"Floodways."
3. Information to be Obtained and Maintained;
(a) Where base flood elevation is provided through the Flood Insurance Study
or required as in Section 3-18-050 (C) 2, obtain and record the actual
elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures, and whether or
not the structure contains a basement.
(b) For all new or substantially improved flood improved structures:
(1) Verify and record the actual elevation (in relation to mean sea level),
and
(2) Maintain the permits required in Section 3-18-050(C)1.
(c) Maintain for public inspection all records pertaining to the provisions of this
Chapter.
4. Alteration of Watercourses;
(a) Notify adjacent communities and the Idaho Department of Water Resources
prior to any alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Insurance Administration.
(b) Require that maintenance is provided within the altered or relocated portion
of said watercourse so that the flood carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries: Make interpretations where needed, as to exact
location of the boundaries of the areas of special flood hazard (for example where
there appears to be a conflict between a mapped boundary and actual field
conditions). The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation. Such appeals shall be granted
or denied consistent with the standards of Section 60.6 of the Rules and
Regulations of the National Flood Insurance Program.
3-18-060. PROVISIONS FOR FLOOD HAZARD REDUCTION.
(A) General Standards: In all areas of special flood hazards, the following standards are
required:
1. Anchoring:
(a) All new construction and substantial improvements shall be anchored to
prevent floatation, collapse, or lateral movement of the structure.
(b) All manufactured homes must likewise be anchored to prevent floatation,
collapse or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but
are not limited to, use of over -the -top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard
Areas" guidebook for additional techniques).
2. Construction Materials and Methods:
(a) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
ORDINANCE NO.615 page 59 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(b) All new construction and substantial improvements shall be constructed
using methods and practices that minimize damage.
(c) Electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities shall be designed and/or otherwise elevated or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
3. Utilities:
(a) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(b) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharge from the systems in flood waters; and,
(c) On -site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
4. Subdivision Proposals:
(a) All subdivision proposals shall be consistent with the need to minimize
flood damage;
(b) All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to
minimize flood damage,
(c) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and,
(d) Where base flood elevation data has not been provided or is not available
from another authoritative source, it shall be generated for subdivision
proposals and other proposed developments which contain 50 or more lots
or five or more acres (whichever is less).
5. Review of Building Permits: Where elevation data is not available either through
the Flood Insurance Study or from another authoritative Source Section 3-18-050
(C) 2, applications for building permits will be reasonably safe from flooding. The
test of reasonableness is a local judgment and includes use of historical data, high
water marks, photographs of past flooding, etc., where available. Failure to elevate
at least two feet above grade in these zones may result in higher insurance rates.
(B) Specific Standards: In all areas of special flood hazards where base flood elevation data
has been provided as set forth in Section 3-18-040(B), "Basis for Establishing the Areas of
Special Flood Hazard" or Section 3-18-050(C)2, "Use of Other Base Flood Data", the
following provisions are required:
1. Residential Construction:
(a) New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to or above base
flood elevation.
(b) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
(1) A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
ORDINANCE NO.615 page 60 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above
grade.
Openings may be equipped with screens, louvers, or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
2. Nonresidential Construction: New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated to the level of the base flood elevation;
or, together with attendant utility and sanitary facilities, shall:
(a) Be flood proofed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
(c) Be certified by a registered professional engineer or architect that the design
and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their
development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the official as set forth in
Section 3-18-050-(C)3 b.
(d) Nonresidential structures that are elevated, not flood proofed, must meet the
same standards for space below the lowest floor as described in 3-18-
060(B)1(b).
Applicants flood proofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one foot below the
flood proofed level (e.g. a building constructed to the base flood level will
be rated as one foot below that level).
3. Manufactured Homes: All manufactured homes to be placed or substantially
improved within FIRM Zones A1-30, AH, and AE shall be elevated in a permanent
foundation such that the lowest floor of the manufactured home is at or above the
base flood elevation and be securely anchored to an adequately anchored foundation
system in accordance with the provisions of subsection 3-18-060(A)1(b).
(C) Floodways: Located within areas of special flood hazard established in Section 3-18-
040(B) are areas designated as floodways. Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry debris. potential projectiles, and
erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
2. If Section 3-18-060(C)1 is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Section 3-18-060, 'Provision for Flood Hazard Reduction".
3-18-070. SEVERABILITY. If any section, subsection, sentence, clause or phrase, or
portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
(e)
(3)
ORDINANCE NO.615 page 61 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 19
MODULAR HOUSING
SECTION:
3-19-010. Purposes
3-19-020. Standards
3-19-010. PURPOSES. To protect the health, safety and general welfare of the residents of
the City. To create and conserve desirable environmental conditions for the City. To set minimum
standards for the approval of modular homes in the Planning Jurisdiction.
3-19-020. STANDARDS
(A) Modular housing that meets the requirements of this Chapter may be permitted in any zone
in the Planning Jurisdiction.
(B) Permits: No person may place a modular home upon a site or lot in the Planning
Jurisdiction without first obtaining a permit from the City Building Department. The fee
for such permit shall be set by the Council by resolution.
(C) Inspection: Every person who wishes to place a modular home in the Planning Jurisdiction
shall, not less than ten days prior to the date of placement of said modular home, notify the
City Building Inspector and request an inspection of the modular home and its placement.
The City Building Inspector shall inspect and approve the foundation for said modular
home prior to placement. The Building Inspector shall further inspect the placement of the
modular home on the day of placement or within five days thereafter.
ORDINANCE NO.615 page 62 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 20
MOBILE HOMES AND MOBILE HOME
SUBDIVISIONS AND PARKS
(Manufactured Homes)
SECTION:
3-20-010. Purpose
3-20-020. Definitions
3-20-030. Standards
3-20-010. PURPOSE. To protect the health, safety and welfare of the residents of the
Planning Jurisdiction, preserve property values, to create and conserve desirable environmental
condition in the Planning Jurisdiction, and to protect and preserve the aesthetic value of natural
environment in the Planning Jurisdiction.
3-20-020. DEFINITIONS. For the purpose of this code, the following terms shall have the
meaning indicated in this chapter. No attempt is made to define ordinary words which are used in
accordance with their established dictionary meaning except where the word has been loosely used
and it is necessary to define its meaning as used in this code to avoid misunderstanding. Because
the primary purpose is to define terms rather than words, the definitions are arranged alphabetically
according to the first word of the term rather than the noun.
(A) Mobile Home Lot - A parcel of land for the placement of a single mobile home and the
exclusive use of its occupants.
(B) Mobile Home Park - A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for non -transient use.
(C) Mobile Home Stand - Part of an individual lot which has been reserved for placement of
the mobile home, appurtenant structures or additions.
(D) Mobile Home Subdivision - A parcel of land subdivided into lots, each lot individually
owned and utilized as the site for placement of a single mobile home and its facilities.
(E) Sanitary Station - A facility used for removing and disposing of wastes from trailer
holding tanks.
(F) Service Building - A structure housing toilet, lavatory, and such other facilities as may be
required by the Ordinance.
(G) Service Sink - A slop sink with a flushing rim for the disposal of liquid wastes from
trailers.
(H) Sewer Connection - The connection consisting of all pipes, fittings, and appurtenances
from the drain outlets of the mobile home or trailer to the inlet of the corresponding sewer
riser pipe of the sewerage system serving the mobile homes or trailer housing area.
(I) Sewer Riser Pipe - That portion of the sewer lateral which extends vertically to the
ground elevation and terminates at each trailer space or mobile home lot.
(J) Trailer - Any of the following, which in turn mean:
1. Travel Trailer - A vehicular, portable structure built on a chassis, designed to be
used as a temporary dwelling for travel, recreational and vacation uses, permanently
identified as a Travel Trailer by the manufacturer of the trailer and, when factory
equipped for the road, it shall have a body width not exceeding eight feet, and a
body length not exceeding 32 feet.
ORDINANCE NO.615 page 63 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
b. Camper or Pickup Coach - A structure designed to be mounted on a truck
chassis for use as a temporary dwelling for travel, recreation and vacation.
c. Motor -Home - A portable, temporary dwelling to be used for travel, recreation and
vacation, constructed as an integral part of a self-propelled vehicle.
d. Camping Trailer - A canvas, folding structure, mounted on wheels and designed
for travel , recreation and vacation use.
e. Dependent Trailer - A trailer which is dependent upon a service building for
toilet and lavatory facilities.
f. Self -Container Trailer - A trailer which can operate independent of connections
to sewer, water and electric systems. It contains a water -flushed toilet, lavatory,
shower and kitchen sink, all of which are connected to water storage and sewage
holding tanks located within the trailer.
(K) Travel Trailer Court - Any area, tract or plot, site of parcel of land whereupon two or
more trailers are maintained for dwelling purposes only, the tenure being on a short -time
basis for which a real fee is paid or made collectable to the person holding the land, and is
located on a highway or major county road in order to serve the transient traffic.
(L) Travel Trailer Park - Any area, tract, plot, site or parcel of land whereupon two or more
trailers are placed for dwelling purposes only, the tenure being for a short seasonable time
basis, for which a rental fee is paid or made collectable to the person holding the land, and
is located on a route to, or adjacent to, a recreational area.
(M) Trailer Space - A parcel of land in a travel trailer parking area for the placement of a
single trailer and the exclusive use of its occupants.
(N) Trailer Stand - A part of an individual trailer space which has been reserved for the
placement of a single trailer and its accessory structures.
(0) Water Connection - A connection consisting of all pipes, fittings and appurtenances from
the water riser pipe to the water inlet pipe of the distribution system within the mobile home
or trailer.
(P) Water Riser Pipe - A portion of the water supply system serving the travel trailer parking
area which extends vertically to the ground elevation and terminates at a designated point at
each mobile home stand or trailer space.
Watering Station - Means a facility for supplying water storage tanks of trailers with
portable water.
(R) Zoning Permit - A document issued by the Administrator which is for the purpose of
carrying out and enforcing the McCall City Code.
3-20-030 GENERAL STANDARDS
(A) Prohibitions:
1. No mobile home may be placed for use in the Planning Jurisdiction except within a
mobile home subdivision or a mobile home park which has been designated and
approved as such by the Council.
2. No mobile home, except one which is used as a residence of the operator or
manager, may be placed in a travel trailer park or court.
3. No structure may be constructed which attaches to a mobile home.
4. No structure may be constructed which covers a mobile home.
(B) Snow Load: Every mobile home within the Planning Jurisdiction must have a roof which
will meet the City snow load standards, as amended to conform to Federal preemption of
(Q)
ORDINANCE NO. 615 page 64 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
local standards by reference to adopted Federal standards. Existing coverings not meeting
that standard are non -conforming uses.
(C) Foundations: Every mobile home placed in a Mobile Home Subdivision within the
Planning Jurisdiction shall be placed upon a permanent foundation and all equipment for
moving it shall be removed, such as wheels, axles, and tongues. Mobile homes placed in
parks will be blocked and skirted on all sides.
Landscaping, Screening: Mobile Home subdivisions or Mobile Home Parks shall be
designed with a peripheral screen consisting of a wall, fence, or tree and shrub border of
no less than five feet in height. At least 30% of each lot within the mobile home
subdivision or mobile home park shall be landscaped with natural vegetation.
(E) Irrevocable Declaration of Mobile Home to Real Property:
Every person who places a mobile home within a Mobile Home subdivision in the Planning
Jurisdiction shall, prior to the issuance of an occupancy permit, execute and file with the
Valley County Assessor a irrevocable declaration of mobile home to real property which
may be obtained from the City Clerk's Office, City of McCall, Idaho.
(F) The construction of all on -site and off -site roads, drainage, utilities, open spaces,
playgrounds, landscaping, and other community amenities and facilities associated with the
Court, Park, or Subdivision shall be provided for by a Development Agreement similar in
form and content to a subdivision agreement, and its performance secured in the same
fashion as performance of a subdivision agreement is secured.
3-20-040 STANDARDS AND SCOPE
(A) All Classifications of developments designed to house mobile homes or trailers, as herein
defined, shall comply with the minimum standards hereby established for the selection of
approved sites for development and for required improvements thereon and appurtenant
thereto.
(B) It is hereby recognized that there are two distinct basic types of developments for the
permanent housing of mobile homes and two distinct types of developments for the
housing of trailers.
(C) The mobile home subdivision is for sale of individual lots to owner occupants, the mobile
home park is for occupancy made available to owners of mobile homes on a rental basis.
(D) The Trailer Court is located on a highway and oriented to serve owners of trailers en route
to other places. The Trailer Park is a destination point for a relative short time stay for
recreationists and vacationers with trailers.
(E) With this in view, the standards containing approval criteria for site selection; required
improvements thereto; and standards for improvements thereon, are set forth under four
site classification: namely, MHS-1, MHP-2, TTC-3 and TTP-4.
(F) The standards set out below are organized as follows:
A Minimum Criteria Standards for Site Approval
B General Design Requirements for Mobile Home Developments
C Standards for Circulation Development, Including Street Systems, Site Access,
Required Illumination, Parking, Walks, Street Construction and Design Standards
D Standards for Required Improvements of Individual Mobile Home Lots and Trailer
Spaces
E Standards of Required Improvements of a Water Supply for Mobile Home
Subdivisions and Parks, for Travel Trailer Courts and Parks
F Standards on Required Improvements for Sewage Disposal for Mobile Home
Subdivisions and Parks, for Travel Trailer Courts and Parks
(D)
ORDINANCE NO.615 page 65 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
G Standards for Required Improvements for the Electrical Distribution System for
Mobile Home Subdivisions and Parks, Travel Trailer Courts and Parks
H Standards for Required Service Buildings and Other Community Service Facilities
for Mobile Home Subdivisions and Parks, for Travel Trailer Courts and Parks
I Standards for Refuse Handling for Mobile Home Subdivisions and Parks, for
Travel Trailer Courts and Parks
J Standards for Insect and Rodent Control for Mobile Home Subdivisions and Parks,
for Travel Trailer Courts and Parks
K Standards Required for Fuel Supply and Storage for Mobile Home Subdivisions
and Parks, for Travel Trailer Courts and Parks
L Standards Required for Fire Protection for Mobile Home Subdivisions and Parks,
for Travel Trailer Courts and Parks
M Compliance with Health Practices Required for Mobile Home Parks, Travel Trailer
Courts and Parks
A. MINIMUM CRITERIA STANDARDS FOR SITE APPROVAL
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard TTC-3 for Travel Trailer Courts
1 2 3 4 Standard TTP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means non -applicable
X X X X 1. Sites selected for mobile home and trailer occupancy shall be:
well drained and free from topographical or geological hindrances or
other conditions unfavorable to proper enjoyment by user.
X X X X 2. Such sites should not be located near swamps, marches or other
breeding places for insects and rodents, or near heavy industrial
districts with objectionable odors or noise, not be subject to the
probability of flood or erosion.
X X X X 3. The condition of soil, ground water level, drainage, rock formations,
and topography shall be such as not to create hazards to the property
or the health and safety of occupants.
X X X X 4. The availability of an adequate water supply and satisfactory means
of sewage disposal are basic considerations in selecting a suitable site.
X X 5. It is essential that a site providing permanent occupancy for mobile
homes be readily accessible the year round to essential community
facilities and services such as employment centers, shopping
centers, schools and recreational areas.
X X 6. It is essential that sites providing for only temporary or seasonable
occupancy for trailers be either located to serve transient traffic and
their travel related needs, or be located along route to, or be adjacent
to, recreational or vacation areas, to serve as a stopping place, and
serve vacationers, recreational and daily needs.
7. Access to site:
X X X X (a) Character of access street. Direct vehicular access to the
court shall be provided be means of an abutting improved
public street or way or improved and permanently
maintained private street or way which is protected by a
ORDINANCE NO.615 page 66 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
permanent easement. Sole Vehicular access shall not be by
an alley.
X X X X (b) Street width and construction of the access streets or ways
shall be suitable for the vehicular traffic requirements of the
properties served.
X X X X (c) Frontage on Access Street. The site shall have reasonable
frontage on the required access street.
X X X X 8. It is recognized that mobile homes and trailers differ in appearance
from conventional homes. Therefore, it is deemed advisable that
mobile homes and trailers shall not be interspersed with
conventional homes; and that adequate better, screening or
separation areas should be provided between developments housing
mobile homes or trailers and the other areas.
B - GENERAL DESIGN REQUIREMENTS FOR MOBILE HOME DEVELOPMENTS
STANDARDS
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard 1TC-3 for Travel Trailer Courts
1 2 3 4 Standard TTP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means non -applicable
X X X X 1. General. Site planning should adapt to individual site conditions,
type of market to be served, reflect advances in site planning techniques,
and be adaptable to the trends in design of the mobile home or trailer,
itself. An informal park type of site planning which conforms to the
natural terrain, existing trees and shrubs and rock formations is
preferred. Adoption of a stylized pattern should be avoided.
X X X X 2. Objective. Site planning and improvements shall provide for
(a) facilities and amenities appropriate to the needs of the
occupants,
(b) safe, comfortable and sanitary use by the occupants under all
weather conditions, and
(c) practical and efficient operation and maintenance of all
facilities at reasonable costs.
X X X X 3. Arrangements of Structures and Facilities:
The site, including mobile home or trailer stands, patios, structures,
and all site improvements shall be harmoniously and efficiently
organized in relation to topography, the shape of the plot, and the
shape, size and position of structures and common facilities and
with full regard to use, appearance and livability. Special attention
should be given to new mobile home and trailer designs and the
common appurtenances that are available.
X X X X 4. Open Areas. The mobile home and trailer lot should provide
usable, open and private areas which are appropriately related to
functional areas of the mobile home and trailer unit.
X X 5. Lots should be so scaled and shaped that a reasonable variety of
mobile homes and additions can be placed on the lot.
ORDINANCE NO.615 page 67 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X X X 6. Consideration must be given to the movement of the mobile home
and trailer unit onto and off the lot. However, in the case of mobile
home subdivisions, the amount of movement is limited, hence a
more desirable and proper orientation of the unit on the lot is more
important than the ease of access.
X X X X 7. Location of drives, carports and/or general parking areas should
be appropriately related to the unit and other areas of the lot. Ease
and safety of ingress and egress to each lot and convenience of
access to the mobile home or trailer must be considered. Desirable
views from the unit should not be blocked by drives or parking
spaces, nor should drives and parking spaces break up important
use areas of the lot or adjoining lots.
X X X X 8. The mobile home, trailers, and open areas on one lot should
complement and supplement those on adjacent lots. Open areas
should flow together creating openness and enhancing primary
views.
X X 9. Groupings or clusters of units, which fit well together and provide
neighborliness and attractive interior areas, but yet provide a
separateness about each unit, should be encouraged.
X X X X 10. The general street design pattern should fit the topography and at
the same time provide a circulation system which effectively and
safely serves each lot. Land devoted to streets should be held to a
minimum and through traffic should be discouraged. Minor streets
should be appropriately designed so that they safely for into a
collector and major street system.
X X O O 11. Community facilities and other needed uses not classified as a
residential use should be appropriately located with respect to the
population to be served. Residential units should be separated or
insulated from areas of heavy traffic noise, commercial and
industrial activities, and should merge with parks and other suitable
open areas and community services.
X X 12. Blocks, cul-de-sac, clusters, loop streets and other methods of
groupings should be so designed and oriented to provide a
substantial number of lots of desirable widths and depths.
X X 13. Mobile home subdivisions and parks should be designed with a
periphery screen consisting of a wall, fence, or tree and shrub
border and they should have an attractively designed entrance over
which the manager can exercise close control.
X X X X 14. Adaptation to Site Assets. The mobile home or trailer unit shall be
fitted to the terrain with a minimum disturbance of the land. Existing
trees, rock formations, and other natural site features shall be
preserved to the extent practicable. Favorable views or outlooks
should be emphasized by the plan.
X X X X 15. Protection from Adverse Influences.
(a) Adequate protection shall be provided from undesirable off -site
views of any adverse influence from adjoining streets and areas.
(b) Park facilities shall be arranged to create a home -like atmosphere.
This objective is achieved by variations in the street pattern, block
shapes, and location of mobile home stands. Excessive repetition
of the principal elements of the plan is not acceptable.
ORDINANCE NO.615 page 68 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
X X X X 16. Suitability of Site Improvement. All site improvements shall be
appropriate to the type of development and durable under the use
and maintenance contemplated.
C - STANDARDS FOR CIRCULATION DEVELOPMENT INCLUDING STREET
SYSTEMS, SITE ACCESS, REQUIRED ILLUMINATION, PARKING, WALKS, STREET
CONSTRUCTION AND DESIGN STANDARDS
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard TTC-3 for Travel Trailer Courts
1 2 3 4 Standard TIP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means non -applicable
1. Street System
X X O O (a) General All mobile home subdivisions and parks shall be
provided with safe and convenient vehicular access from
abutting public streets or roads to each mobile home lot.
Alignment and gradient shall be properly adapted to
topography.
X X 00 (b) Access. Access to mobile home subdivisions and parks
shall be designed to minimize congestion and hazards to the
entrance or exit and all free movement of traffic on adjacent
streets. The entrance road connecting the park streets with a
public street or road shall have a minimum road pavement
width of 34 feet where parking is permitted on both sides, or
a minimum road pavement width of 27 feet where parking is
limited to one side. Where the primary entrance road is more
than 100 feet long and does not provide access to abutting
mobile home lots within such distance, the minimum road
pavement width may be 24 feet provided parking is
prohibited at both sides.
X X X X (c) Internal Streets. Surfaced roadways shall be of adequate
width to accommodate anticipated traffic, and in any case,
shall meet the following minimum requirements:
(1) All streets, except minor streets - 24 ft.
(2) Minor streets, no parking - 18 ft. (Acceptable only if
less than 500 ft. long and serving less than 25 mobile
homes, or of any length if one-way and providing
access to abutting mobile home lots on one side only)
(3) Cul-de-sac streets shall be limited in length to 1,000
feet and shall be provided at the closed end with a
turn -around having an outside roadway diameter of
at least 80 ft.
X X X X (d) Required Illumination of Park Street Systems. All parks
shall be furnished with lighting units so spaced and equipped
with luminaires placed at such mounting heights as will
provide the following average maintained levels of
illumination for the safe movement of pedestrians and
vehicles at night:
ORDINANCE NO.615 page 69 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
X X X X (1) All parts of the park street systems: 0.6 foot candle
with a minimum of 0.1 foot candle.
X X X X (2) Potentially hazardous locations, as major street intersections
and steps or stepped ramps: individually illuminated,
with a minimum of 0.3 candle.
(e) Street Construction and Design Standards:
X X X X (1) All streets shall be provide with a smooth, hard and
dense surface which shall be durable and well
drained under normal use and weather conditions.
Pavement edges shall be protected to prevent raveling
of the wearing surface and shifting of the pavement
base. Street surfaces shall be maintained free of
cracks, holes and other hazards.
X X X X (2) Grades. Grades of all streets
shall be sufficient to insure adequate surface
drainage, but shall be not more than eight percent.
Short runs with a maximum grade of 12 percent may
be permitted, provided traffic safety is assure by
appropriate paving, adequate leveling areas and
avoidance of lateral curves.
XXX X (3) Intersections. Within 100 feet
of an intersection, streets shall be at approximately
right angles. A distance of at least 150 feet shall be
maintained between center lines of offset intersecting
streets. Intersections of more than two streets at one
point shall be avoided.
2. Required Off-street Parking Areas.
X X X X (a) Off-street parking areas shall be
provided in all mobile home parks for the use of park
occupants and guests. Such areas shall be furnished at the
rate of at least 1.25 car spaces for each mobile home lot.
X X (b) Required car parking spaces shall be so
located as to provide convenient access to the mobile home,
but shall not exceed a distance of 200 feet from the mobile
home that it is intended to serve.
X X O O 3. Walks
(a) General Requirements. All parks shall be provided with
safe, convenient, all -season pedestrian access of adequate
width for intended use, durable and convenient to maintain,
between individual mobile homes, the park streets and all
community facilities provided for park residents. Sudden
changes in alignment and gradient shall be avoided.
X X X X (b) Common Walk System. A common walk
system shall be provide and maintained between locations
where pedestrian traffic is concentrated. Such common
walks shall have a minimum width of three and one-half
feet.
X X O O (c) Individual Walks. All mobile home stands shall be
connected to common walks, to paved streets, or to paved
ORDINANCE NO. 615 page 70 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
driveways or parking spaces connecting to a paved street.
Such individual walks shall have a minimum width of two
feet.
4. Street System For Trailers Only.
X X (a) General Requirements. All parking areas shall be provided
with safe and convenient vehicular access from abutting
public streets or roads to each trailer space. Alignment and
gradient shall be properly adapted to topography. Surfacing
and maintenance shall provide a smooth, hard and dense
surface which shall be well drained.
X X (b) Access. Access to travel trailer parking areas shall be
designed to minimize congestion and hazards at their
entrance or exit and allow free movement of traffic on
adjacent streets. All traffic into or out of the parking areas
shall be through such entrances and exits.
X X (c) Internal Streets. Surfaced roadways shall be of adequate
width to accommodate anticipated traffic and in any case
shall meet the following minimum requirements:
One-way, no parking - 11 feet acceptable only of less than
500 feet total length and serving less than 25 trailer spaces)
One-way, parking on one side only, or two-way, no parking
- 18 feet (Acceptable only if serving less than 50 trailer
spaces)
Two-way, no parking - 24 feet
Two-way, parking on one side only - 27 feet
Two-way, parking on both sides - 34 feet
X X (d) Off Street Parking and Maneuvering Space. Each travel
trailer parking area shall provide sufficient parking and
maneuvering space so that the parking loading, or maneuvering
of trailer incidental to parking shall not necessitate the use of any
public street, sidewalk or right-of-way or any private grounds
not part of the travel trailer parking area.
X X X X 5. General. Streets shall be provided on the site where necessary to
furnish principal traffic -ways for convenient access to the mobile
home or trailer stands and other important facilities on the property.
Streets shall be privately owned except in mobile home
subdivisions.
X X X X 6. Recognition of Existing Facilities. The street system shall be
designed
(a) to recognize existing easements, utility lines, etc., which are
to be preserved, and
(b) to permit connection to existing facilities where necessary for
the proper function; of the drainage and utility systems.
X X 7. Circulation. The street system shall provide convenient circulation
by means of minor streets and properly located collector streets.
Closed ends of dead-end streets shall be provided with adequate
paved vehicular turning or backing space. A turning circle shall be
at least 80 feet in diameter.
ORDINANCE NO.615 page 71 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X 8. Block Size and Shape. The street system shall be designed with
blocks of proper size and shape to provide desirable mobile home
lots and to reduce excessive length of street construction without
impairing convenient circulation and access.
X X 9. Extent of Improvements. The street improvements shall extend
continuously from the existing improved street system to provide
suitable access to the mobile home stands and other important
facilities on the property, to provide adequate connections to existing
or future streets at the boundaries of the property and to provide
convenient circulation for vehicles.
X X X X 10. Pavements and surfacing other than cement or concrete shall be
protected at the edges be curbs, gutter or other suitable edging where
necessary to prevent raveling of the wearing surface and shifting of
the pavement base.
X X X X 11. Access way to Mobile Home Stand
(a) Objective. Convenient access shall be provided to each mobile
or trailer home stand by means of an access way reserved for
maneuvering a mobile home or trailer into position and kept free
from trees and other immovable obstructions.
X X X X (b) Width. Minimum width of access way shall be 12 feet,
plus extra width as necessary for maneuvering a mobile
home on a curve, and as required by newer mobile home
models.
X X X X 12. Driveways.
(a) Extent. Driveways shall be provided on the site where
necessary for convenient access to service entrances of
buildings, to delivery and collection points for coal, refuse
and other material, and elsewhere as needed.
X X X X (b) Width. Driveway serving a single facility or single mobile home
lot: Full width driveway; minimum 8 feet; where used as walk,
minimum 10 feet.
13. Walks:
X X O O (a) Objective: Safe, convenient, all -season pedestrian access, of
adequate width for intended use, durable and convenient to
maintain.
X X O O (b) Extent. Individual walks: to each mobile home stand from
a paved street or from a paved driveway or parking space
connection to a paved street.
X X O O (c) Common Walks. In locations where pedestrian traffic is
concentrated, for example, at the court entrance, and to the
court office and other important facilities. Common walks
should preferably be through interior areas removed from the
vicinity of streets.
X X X X (d) Width, Alignment and Gradient. Width, alignment and
gradient of walks shall be appropriate for safety, both by '
pedestrians and for the circulation of small -wheeled vehicles
such as baby carriages and service carts.
X X O O (e) Width shall generally be at least 1 1/2 feet for walks on
individual lots and at least 3 feet for common walks.
ORDINANCE NO. 615 page 72 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X X X (f) Sudden changes in alignment and gradient shall be avoided.
D - STANDARDS FOR REQUIRED IMPROVEMENT OF INDIVIDUAL MOBILE HOME
LOTS AND TRAILER SPACES
MMT T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard 1TC-3 for Travel Trailer Courts
1 2 3 4 Standard TTP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means non -applicable
1. Lot Markers
X (a) The limits of each lot in a mobile home subdivision shall
be surveyed by a registered land surveyor and its boundaries
staked in accordance with the provisions contained in
Section 50-1303, Idaho Code.
X X X (b) The limits of each lot lying within a mobile home park, travel
trailer court or travel trailer park shall be clearly marked on
the ground by permanent flush stakes, markers or other
suitable means.
X X X (c) The location of lot limits on the ground of mobile home
parks, travel trailer courts, or travel trailer parks shall be
approximately the same as shown on the accepted plans.
The degree of accuracy obtained by working with a scale on
the plan and then a tape on the ground is acceptable. Except
for the need to survey the perimeter of parks and courts
herein referred to, the precise engineering of lot limits is not
required either on the plans or on the ground.
X X X X 2. Yards and Distances Between Stands and
Structures The objectives of yard requirements are:
X X X X (a) to obtain sufficient distances between
mobile homes or trailer stands on their respective lots and
obstructions on adjoining land to assure privacy, adequate
natural light and air and convenient access to the unit, and
X X X X (b) to provide for circulation around a mobile home or trailer
unit for such uses of the yard spaces as are considered
essential to the mobile home or trailer.
X X X X (c) Determination of Yards: Yard width shall be measured from t
he required mobile home or trailer lot line. At every point, it
shall be at least equal to the required minimum. Expandable
rooms, enclosed patios, garages or structural additions shall be
included in the mobile home standard area. Patios, carports and
individual storage facilities shall be disregarded in determining
yard widths.
X X 3. Minimum set -backs for Mobile Homes: Only one mobile home shall
be permitted per lot for occupancy, and shall be so set as to be the
following distances from the lines hereinafter enumerated:
X X (a) Front lot line - 15 feet
X X (b) Rear lot line - 10 feet
X X (c) Interior line - 6 feet
ORDINANCE NO.615 page 73 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X (d) Park area boundary line abutting upon a public street or
highway - 25 feet
X X (e) Between mobile homes - 18 feet
X X 4. Lot Size: The minimum Dimensions Required for Mobile Home
Lots served by public water and public sewer and accommodating
Mobile Homes up to and including overall dimensions of 60 X 35 feet,
shall be 6,000 square feet with a width of 60 feet and depth of 100 feet.
X X In the case of Mobile Home Subdivisions or Mobile Home Parks
served with individual sub -surface sewage disposal facilities, the
minimum lot dimensions shall be increased to the extent of additional
land needed for compliance with Bulletin No. 6 "Standards for Sub-
surface Sewage Disposal Systems" as adopted or amended by the Idaho
Department of Health and is as also needed to provide an alternate space
for the development of sub -surface sewage disposal system on each lot.
X X 5. Minimum set -backs for Trailers: Only one trailer shall be permitted
per lot for occupancy as a dwelling unit, and shall be so placed on the
lot as to be the following distances from the lines herein enumerated.
X X (a) Front lot line - 15 feet
(b) Rear lot line - 10 feet
(c) Interior lot line - 6 feet
X X (d) Park area boundary line abutting upon a
public street or highway - 25 feet
X X (e) Between trailers - 15 feet
X X (0 The above set -backs herein established have been arrived at
predicated on the assumption that no additional land will be
needed to comply with Health requirements involving well
set -backs or sub -surface sewage disposal requirements.
X X (g) Travel Trailer Courts and Parks shall be required to provide
water to each site through a central distribution system and to
provide a sewage collection system to serve each site for the
transportation of the effluent to a remote treatment facility,
such systems being subject to the approval of the Idaho State
Department of Health or its duly designated representative.
X X X X 6. Mobile Home or Trailer Stand
X X X X (a) The objective of the stand requirement is to provide for:
(1) practical placement on and removal from the lot of
the mobile home or trailer and their respective
appurtenant structures.
X X X X (2) Retention of the home or trailer on the lot in a stable
condition and in satisfactory relationship to its
surroundings.
X X X X (b) The size of the stand shall:
(1) Be suitable for the general market to be served by the
individual proposal
X X X X (2) Fit dimensions of mobile homes anticipated
X X X X (3) Accommodate mobile home or trailer appurtenant
structures or appendages.
ORDINANCE NO.615 page 74 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X X X (c) Location: The location of each mobile home or trailer stand
shall be at such elevation, distance, and angle in relation to
the access way, that placement and removal of the mobile
home or trailer is practical.
X X X X (d) Gradient: 0% - 5% longitudinal and adequate crown or
cross gradient for surface drainage
X X X X (e) Construction: Appropriate material, properly graded, placed
and compacted so as to be durable and adequate, for the
support of the maximum anticipated loads during all
seasons.
X X (f) Special Facilities: Special mobile home stand facilities shall
be provided as necessary to properly serve new units. Also
special situations may require special facilities in some
locations.
X X O O 7. Patio
(a) Objective: The objective of the patio requirements is to
provide an appropriate outdoor living space to supplement
the limited interior space of a mobile home. Patio may be
omitted when its equivalent is provided by mobile home
models.
X X X X (b) Size. Minimum 180 sq. feet
X X X X (c) Location: patio location shall be:
(1) convenient to the entrance of the mobile home,
(2) appropriately related to open areas of the lot and
other facilities,
(3) fitted to terrain and natural features, and
(4) related to anticipated mobile home models.
X X X X (d) Elevation. The patio shall be at an elevation at least as high
as the elevation of its mobile home stand with adequate
crown or cross gradient for surface drainage.
X X X X (e) Construction:
(1) Subgrade: Well drained, uniform graded, and
compacted.
(2) Provide a useful out -door surface constructed or
formed either monolithically or in movable units with
weather resistant materials placed sufficiently close
together to create a paved area.
X X O O 8. Tenant Storage:
(a) Objective: The objectives of the requirements for tenant
storage are to provide adequate storage facilities on or
conveniently near each mobile home lot for:
X X (1) the active storage of outdoor equipment, furniture
and tools, and
X X (2) the inactive storage of such other material as is
used only seasonally or infrequently by the typical
tenant and cannot be conveniently stored in the
typical mobile home.
ORDINANCE NO. 615 page 75 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X X X (b) Size: Minimum 90 cubic feet for general storage for each
mobile home lot, when required.
X X X X (c) Design and Location of Storage Facilities: Unless provided
in current mobile home models, storage facilities shall be
provided on the lot, or in compounds located within a
reasonable distance, generally not more than 100 feet from
each stand. Storage facilities shall be designed in a manner
that will enhance the appearance of the court and shall be
constructed of suitable weather resistant materials
appropriate under the use and maintenance contemplated.
Storage facilities shall comply with the provisions contained
in the paragraph on structural standards.
9. Individual Services and Facilities: The
following shall be provided for each mobile home or trailer space.
X X X X (a) A continuing supply of safe and potable water
X X X X (b) Sanitary facilities and a safe method of sewage disposal.
X X X X (c) Electricity for artificial lighting and to serve electrical
equipment used in the mobile home.
E - STANDARDS OF REQUIRED IMPROVEMENTS OF A WATER SUPPLY FOR
MOBILE HOME SUBDIVISIONS AND PARKS, FOR TRAVEL TRAILER COURTS AND
PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard TTC-3 for Travel Trailer Courts
1 2 3 4 Standard TTP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means disregard
X X X X 1. Water Supply: General Requirements: An accessible, adequate,
safe and potable supply of water shall be provided in each mobile
home subdivision or park and each Travel Trailer Court or Park
where a public supply of water of satisfactory quantity, quality, and
pressure is available, connection shall be made thereto and its supply
used exclusively. When a satisfactory public water supply is not
available, a community water supply system may be developed and
used as approved by the Idaho State Health Department.
X X X X 2. Source of Supply:
(a) The water supply shall be capable of supplying a minimum
of 150 gallons per day per mobile home.
X X X X (b) Every well or suction line of the water supply system shall
be located and constructed in such a manner that neither
underground nor surface contamination will reach the water
supply from any source. The following minimum distances
between wells and various sources of contamination shall be
required:
Contamination Sources Well or Suction Line (in feet)
Building Sewer 50
Septic Tank 50
Disposal Field 100
ORDINANCE NO.615 page 76 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
Seepage Pit 100
Dry Well 50
Cesspool 150
X X X X (c) No well -casings, pumping machinery or suction pipes shall
be placed in any pit, room or space extending below ground
level nor in any room or space above ground which is walled
in or otherwise enclosed, unless such rooms, whether above
or below ground have fee drainage by gravity to the surface
of the ground.
X X X X (d) The treatment of a private water supply shall be in
accordance with applicable laws and regulations.
X X X X 3. Water Storage Facilities: All water storage reservoirs shall be covered,
water tight and constructed of impervious material. Overflows and
vents of such reservoirs shall be effectively screened. Manholes
shall be constructed with overlapping covers, so as to prevent the
entrance of contaminated material. Reservoir overflow pipes shall
discharge through an acceptable air gap.
4. Water Distribution System:
X (a) The water supply system of the mobile home parks shall
be connected by pieces to all mobile homes, buildings, and
other facilities, requiring water.
X X X X (b) All water piping, fixtures, and other equipment shall be
constructed and maintained in accordance with Idaho State
Department of Reclamation and the Idaho State Plumbing
Board regulations and requirements shall be of a type and in
locations approved by the Idaho State Department of Health.
X X X X (c) The water piping system shall not be connected with non -
potable or questionable water supplies and shall be protected
against the hazards of backflow or back siphonage.
5. Individual Water -Riser Pipes and Connections:
X X (a) Individual water riser pipes shall be located within the
confined area of the mobile home stand at a point where the
water connection will approximate a vertical position.
X X (b) Water riser piped shall extend at least four inches above
ground elevation. The pipe shall be at least three-quarter
inch. The water outlet shall be capped when a mobile home
does not occupy the lot.
X X (c) Adequate provisions shall be made to prevent freezing of
service lines, valves and risers pipes to protect risers from
heaving and thawing actions of ground during freezing
weather. Surface drainage shall be diverted from the location
of the riser pipe.
X X (d) A shut off valve below the frost line shall be provided near
the water riser pipe on each mobile home lot.
X X (e) Underground stop and waste valves shall not be installed
on any water service.
X X 6. Individual Water Connections: If any facilities for individual water
service connections are provided, the following requirements shall
apply:
ORDINANCE NO.615 page 77 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X (a) Riser pipes provided for individual water service connections
shall be so located and constructed that they will not be
damaged by the parking of travel trailers.
X X (b) Water riser pipes shall extend at least four inches above
ground elevation. The pipe size shall be three-quarter inch.
X X (c) Adequate provisions shall be made to prevent freezing of
service lines, valves and riser pipes.
X X (d) Underground stop and waste valves shall not be installed
on any water service.
X X (e) Valves shall be provided near the outlet of each water
service connection. They shall be turned off and the outlets
capped or plugged when not in use.
X X X 7 . Watering Stations: Each travel trailer parking area shall be provided
with one or more easily accessible water supply outlets for filling
trailer water storage tanks. Such water supply outlets shall consist of
at least a water hydrant and the necessary appurtenances and shall be
protected against the hazards of backflow and back siphonage.
F - STANDARDS ON REQUIRED IMPROVEMENTS FOR SEWAGE DISPOSAL FOR
MOBILE HOME SUBDIVISIONS AND PARKS, FOR TRAVEL TRAILER COURTS AND
PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard TTC-3 for Travel Trailer Courts
1 2 3 4 Standard 1TP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means disregard
X X X X 1. General Requirements: An adequate and safe sewerage system shall
be provided in all mobile home subdivisions, parks and travel trailer
courts and parks for conveying and disposing of all sewage. Such
system shall be designed, constructed and maintained in accordance
with state and local laws.
X X X X 2. Sewer Lines: All sewer lines shall be located in trenches of
sufficient depth to be free of breakage from traffic or other
movements and shall be separated from the park water supply
systems at a safe distance. Sewers shall be at a grade which will
insure a velocity of two feet per second when flowing full. All
sewer lines shall be constructed of materials approved by the health
authority, shall be adequately vented and shall have water tight
joints.
X X X X 3. Individual Sewer Connections:
(a) Each mobile home and trailer stand shall be provided with at
least a four inch diameter sewer riser pipe. The sewer riser
pipe shall be so located on each stand that the sewer
connection to the mobile home drain outlet will approximate
a vertical position.
X X X X (b) The sewer connection (see definition) shall have a normal
inside diameter of at least three inches and the slope of any
portion thereof shall be at least one-fourth inch per foot. The
ORDINANCE NO.615 page 78 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
sewer connection shall consist of one pipe only without any
branch fittings. All joints shall be water tight.
X X X X (c) All materials used for sewer connections shall be semi -rigid,
corrosive resistant, nonabsorbent and durable. The inner
surface shall be smooth.
X X X X (d) Provision shall be made for plugging the sewer riser pipe
when a trailer does not occupy the space. Surface drainage
shall be diverted away from the riser.
X X X 4. Sink Wastes: No liquid wastes from sinks shall be charged onto
or allowed to accumulate on the ground surface.
X X X 5. Sanitary Stations: A sanitary station shall be provided consisting of
at least a trapped four inch sewer riser pipe, connected to the travel
trailer parking area sewerage system, surrounded at the inlet end by
a concrete apron sloped to the drain, and provided with a suitable
hinged cover; and a water outlet, with the necessary appurtenances,
connected to the parking area water supply system to permit periodic
washdown of the immediate adjacent areas.
X X X X 6. Sewage Treatment and/or Discharge: Where the sewer lines of the
mobile home park are not connected to a public sewer, all proposed
sewage disposal facilities shall be approved by the health authority
prior to construction. Effluents from sewage treatment facilities shall
not be discharged into any waters of the State except with prior
approval of the Idaho State Health Department.
G - STANDARDS FOR REQUIRED IMPROVEMENTS FOR THE ELECTRICAL
DISTRIBUTION SYSTEM FOR MOBILE HOME SUBDIVISIONS AND PARKS, FOR
TRAVEL TRAILER COURTS AND PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard TTC-3 for Travel Trailer Courts
1 2 3 4 Standard '1TP-4 for Travel Trailer Parks
means mandatory, O means optional, blank means disregard
X X X X 1. General Requirements: Every subdivision, court or park shall contain
an electrical wiring system consisting of wiring, fixtures, equipment and
appurtenances which shall be installed and maintained in accordance
with applicable codes and regulations governing such systems.
2. Power Distribution Lines:
X X X X (a) Main power lines, not located underground, shall be
suspended at least 18 feet above the ground. There shall be a
minimum horizontal clearance of three feet between overhead
wiring and any mobile home, service building or other structure.
The standards for burial of power lines in subdivisions and other
developments shall apply to all mobile home and travel trailer
facilities.
X X X X b) All direct burial conductors or cable shall be buried at least
18 inches below the ground surface and shall be insulated
and specially designed for the purpose. Such conductors
shall be located not less than one foot radial distance from
water, sewer, gas or communication lines.
ORDINANCE NO.615 page 79 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3. Individual Electrical Connections for Mobile Homes: Each mobile
home lot shall be provided with an approved disconnecting device
and overcurrent protective equipment. The minimum service per
outlet shall be 120/240 volts AC, 50 amperes.
4. Individual Electrical Connections for Trailers:
X X (a) If individual trailer spaces are connected to the electrical
wiring system an approved type of disconnecting device and
overcurrent protective equipment shall be provided. The
service per outlet shall be 120 volts AC, 15 amperes and/or
30 amperes.
X X X X (b) Outlet receptacles at individual mobile home and trailer
spaces shall be located not more than 25 feet from the
overcurrent protective devices in the trailer, or mobile home,
and a three -wire grounding type shall be used. Receptacles
shall be of weather proof construction and configurations
shall be in accordance with American Standard Outlet
Receptacles C-73.1.
X X (c) The trailer shall be connected to the outlet receptacle by
an approved type of flexible cable with connectors and a
male attachment plug.
X X (d) Where the calculated load of the mobile home is more
than 50 amperes, either a second outlet receptacle shall be
installed or electrical service shall be provided be means of
permanently installed conductors.
X X X X 5. Required Grounding: All exposed noncurrent carrying metal parts
of trailers and all other equipment shall be grounded by means of a'
grounding conductor run with branch circuit conductors or other
method of approved grounded metallic wiring. The neutral
conductor shall not be used as an equipment ground for trailers or
other equipment.
H - STANDARDS FOR REQUIRED SERVICE BUILDINGS AND OTHER COMMUNITY
SERVICE FACILITIES FOR MOBILE HOME SUBDIVISIONS AND PARKS, FOR
TRAVEL TRAILER COURTS AND PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
HHT T Standard MHP-2 for Mobile Home Parks
S P C P Standard TTC-3 for Travel Trailer Courts
1 2 3 4 Standard '1113-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means disregard
O X X X 1. General: The requirements of this Section shall apply to service
buildings, recreation buildings and other community service
facilities such as:
O X X X (a) Management offices, repair shops and storage areas;
O X X X (b) Sanitary facilities;
O X X (c) Laundry facilities;
O O O O (d) Indoor recreation areas;
O O O (e) Commercial uses supplying essential goods or services.
ORDINANCE NO.615 page 80 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X X 2. Required Community Sanitary Facilities: Every park shall be
provided with the following emergency sanitary facilities; For each
100 mobile home lots, or fractional part thereof, there shall be one
flushing toilet and one lavatory for each sex. The building
containing such emergency sanitary facilities shall be accessible to
all mobile homes.
X X X 3. Service Building:
(a) A central service building containing the necessary toilet and
other plumbing fixtures specified below shall be provided in
travel trailer parking areas which provide parking spaces for
dependent trailers. Service buildings shall be conveniently
located within a radius of approximately 300 feet to the
spaces to be served.
No. of toilets urinals lay. showers other
parking fixtures
spaces* M W M M W M W **
X X
X X
1-15 1 1 1 1 1 1 1 1 service
16-30 1 2 1 2 2 1 1 sink with
31-45 2 2 1 3 3 1 1 a flushing
46-60 2 3 2 3 3 2 2 rim***
61-80 3 4 2 4 4 2 2
81-100 3 4 2 4 4 3 3
For parking areas having more than 100 travel trailer spaces
there shall be provided: 1 additional toilet and lavatory for
each sex per each additional 30 travel trailer spaces; 1
additional shower for each sex per additional 40 travel trailer
spaces; and 1 additional men's urinal per each additional 100
travel trailer spaces.
* parking spaces for dependent trailers
additional fixtures including laundry trays, clothing
washing machines (one for every 30 sites) and an ice
making machine may be provided.
a service sink with a flushing rim shall be provided
for disposal of liquid wastes unless a sanitary station
is conveniently accessible for this purpose.
(b) Where a travel trailer parking area is designed for and
exclusively limited to use by self-contained trailers, only the
following minimum emergency sanitary facilities shall be
required; for each 100 trailer spaces, or fractional part
thereof, there shall be one flush toilet and one lavatory for
each sex.
(c) When a travel trailer parking area requiring a service
building is operated in connection with a resort of other
business establishment, the number of sanitary facilities for
such business establishment shall be in excess or those
required by the schedule for trailer spaces and shall be based
on the total number of persons using such facilities.
**
***
ORDINANCE NO.615 page 81 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
O O O (d) Exemptions: Any person desiring to furnish temporary
facilities for accommodating a travel trailer rally, or other
group of trailers assembled for the purpose of traveling
together, shall make application for such activity to the health
authority,. The requirements for a service building and other
sanitary and physical facilities may be waived by the health
authority on the determination that public health will not be
endangered; but the location of the site, the facilities which
are provided, and the method of conducting such rally shall
be acceptable to the health authority before a special license
shall be issued specifying the location of the site, the period
of operation not to exceed ten days, any conditions of
issuance.
4. Structural Requirements for Buildings:
X X X X (a) All portions of the structure shall be properly protected from
damage by ordinary use and by decay, corrosion, termites
and other destructive elements. Exterior portions shall be of
such materials and be so constructed and protected as to
prevent entrance or penetration of moisture and weather.
(b) All rooms containing sanitary or laundry facilities shall:
X X X X (1) Have sound resistant walls extending to the ceiling
between male and female sanitary facilities. Walls
and partitions around showers, bathtubs, lavatories
and other plumbing fixtures shall be constructed of
dense, non -absorbent, water -proof material or
covered with moisture resistant material.
X X X (2) Have at least one window or skylight facing directly
to the outdoors. The minimum aggregate gross area
of windows for each required room shall be not less
than 10 per cent of floor area served by them.
X X X X (3) Have at least one window which can be easily opened
or a mechanical device which will adequately
ventilate the room.
X X X X (c) Toilets shall be located in separate compartments equipped
with self closing doors. The shower stalls shall be of the
individual type. The rooms shall be screened to prevent
direct view of the interior when the exterior doors are open.
X X X X (d) Illumination levels shall be maintained as follows:
(1) general seeing tasks - 5 candles;
(2) laundry room work area - 40 candles;
(3) toilet room, in front of mirrors - 40 candles.
X X X X (e) Hot and cold water shall be furnished to every lavatory sink,
bathtub, shower and laundry fixture, and cold water shall be
furnished to every water closet and urinal.
O O O O 5. Barbecue Pits, Fireplaces, Stoves and Incinerators: Cooking
shelters, barbecue pits, fireplaces, wood -burning staves and
incinerators shall be so located, constructed, maintained and used as
to minimize fire hazard and smoke nuisance both on the property on
which used and on neighboring property.
ORDINANCE NO.615 page 82 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X X X (a) No open fire shall be permitted except in facilities provided.
X X X X (b) No open fire shall be left unattended.
X X X X (c) No fuel shall be used and no material burned which emits
dense smoke or objectionable odors.
I - STANDARDS FOR REFUSE HANDLING FOR MOBILE HOME SUBDIVISIONS AND
PARKS, FOR TRAVEL TRAILER COURTS AND PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
HHT T Standard MHP-2 for Mobile Home Parks
S P C P Standard TTC-3 for Travel Trailer Courts
1 2 3 4 Standard ITP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means disregard
X X X X 1. Refuse Handling: The storage, collection and disposal of refuse
in the mobile home and travel trailer parking area shall be so
conducted as to create no health hazards, rodent harborage, insect
breeding areas, accident or fire hazards, or air pollution.
X X X X 2. All refuse shall be stored in fly -tight, water -tight, rodent -proof
containers, which shall be located not more than 150 feet from any
trailer space. Containers shall be provided in sufficient number and
capacity to properly store all refuse.
X X X X 3. Refuse collection stands shall be provided for all refuse containers.
Such container stands shall be so designed as to prevent containers
from being tipped, to minimize spillage and container deterioration
and facilitate cleaning around them.
X X X X 4. All refuse containing garbage shall be collected at least twice weekly.
Where suitable collection service is not available from a public or
private agency, the owner or operator of the mobile home or travel
trailer parking area shall provide this service. All refuse shall be
collected and transported in covered vehicles or covered containers.
X X X X 5. Where municipal or private disposal is not available, the owner
or operator of the travel trailer parking area shall dispose of the
refuse by incineration or transporting to a disposal site approved by
the health authority.
X X X X 6. Refuse incinerators shall be constructed in accordance with engineering
plans and specifications which shall be reviewed and approved by
the health authority or other authority having jurisdiction.
X X X X 7. Incinerators shall be operated only when attended by some person
specifically authorized by the owner or operator of the mobile home
or travel trailer parking areas.
J - STANDARD FOR INSECT AND RODENT CONTROL FOR MOBILE HOME
SUBDIVISIONS AND PARKS, FOR TRAVEL TRAILER COURTS AND PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
HHT T Standard MHP-2 for Mobile Home Parks
S P C P Standard 1TC-3 for Travel Trailer Courts
1 2 3 4 Standard TTP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means disregard
ORDINANCE NO.615 page 83 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X X X 1. Grounds, buildings and structures shall be maintained free of insect
and rodent harborage and infestation. Extermination methods and
other measures to control insects and rodents shall conform with the
requirements of the health authority.
X X X X 2. Parking areas shall be maintained free of accumulation of debris
which may provide rodent harborage or breeding places for flies,
mosquitoes, and other pests.
X X X X 3. Storage areas shall be so maintained as to prevent rodent harborage;
lumber, pipe, and other building material shall be stored at least one
foot above the ground.
X X X X 4. Where the potential for insect and rodent infestation exists, all
exterior openings in or beneath any structure shall be appropriately
screened with wire mesh or other suitable materials.
X X X X 5. The growth of brush, weeds and grass shall be controlled to prevent
harborage of ticks, chiggers and other noxious insects. Parking
areas shall be so maintained as to prevent the growth of ragweed,
poison oak, poison sumac and other noxious weeds considered
detrimental to health. Open areas shall be maintained free of heavy
undergrowth of any description.
K - STANDARDS REQUIRED FOR FUEL SUPPLY AND STORAGE FOR MOBILE
HOME SUBDIVISIONS AND PARKS, FOR TRAVEL TRAILER COURTS AND PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard ITC-3 for Travel Trailer Courts
1 2 3 4 Standard UP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means disregard
X X X X 1. Liquefied Petroleum Gas containers installed on a trailer space
shall be securely but not permanently fastened to prevent accidental
overturning. Individual container mounted on such vehicles shall be
limited to 1051bs. water capacity (approx. 451bs. gas capacity)
X X X X 2. No liquefied petroleum gas vessel shall be stored or located inside
or beneath any storage cabinet, carport, trailer, or any other struc-
ture, unless such installations are approved by the health authority.
X X X X 3. All fuel oil storage tanks or cylinders shall be securely fastened
in places and shall not be located inside or beneath any trailer or less
than five feet from any trailer exit.
X X X X 4. Storage tanks located in areas subject to traffic shall be protected
against physical damage.
L - STANDARDS REQUIRED FOR FIRE PROTECTION FOR MOBILE HOME
SUBDIVISIONS AND PARKS, FOR TRAVEL TRAILER COURTS AND PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard TTC-3 for Travel Trailer Courts
1 2 3 4 Standard TTP-4 for Travel Trailer Parks
X means mandatory, O means optional, blank means disregard
ORDINANCE NO.615 page 84 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
X X X X 1. Fire Protection: The travel trailer courts and parks, mobile home
subdivision and parks shall be subject to the rules and regulations of
the City or of the Fire District in which they are located.
X X X X 2. Mobile Home and trailer parking areas shall be kept free of litter,
rubbish and other flammable materials.
X X X X 3. Portable fire extinguishers of a type approved by the fire prevention
authority shall be kept in service buildings and at all locations
designated by such fire prevention authority, and shall be maintained
in good operating condition.
X X X X 4. Fires shall be made only in stoves, incinerators and other
equipment intended for such purposes.
M - COMPLIANCE WITH HEALTH PRACTICES REQUIRED FOR MOBILE HOME
PARKS, FOR TRAVEL TRAILER COURTS AND PARKS
M M T T Standard MHS-1 for Mobile Home Subdivisions
H H T T Standard MHP-2 for Mobile Home Parks
S P C P Standard ITC-3 for Travel Trailer Courts
1 2 3 4 Standard 1TP-4 for Travel Trailer Parks
X means mandatory, O means optional, Blank means disregard
X X X 1. Supervision: The person to whom a license is issued shall at all
times operate the Mobile Home Parks or Travel Trailer Courts and
Parks in compliance with this Ordinance and shall provide adequate
supervision to maintain such sites and their facilities and equipment
in good repair and in a clean and sanitary condition at all times.
X X X 2. Registration of Occupants: Every owner of a Mobile Home or
Travel Trailer Park or Travel Trailer Court shall maintain a register
containing a record of all mobile homes or travel trailers and
occupants. Such register shall be available to any authorized person
inspecting the site and shall be preserved for the period required by
the health authority. Such register shall contain: (1) the names and
permanent addresses of all trailer occupants; (2) the make, model
and license number of the mobile home or travel trailer and tow
vehicle; and (3) the dates of arrival and departure of each vehicle and
its occupants.
X X X 3. Reporting Communicable Diseases: Every owner, operator, attendant
or other person operating a Mobile Home Park or Travel Trailer
Court or Park shall notify the local health authority immediately of
any suspected communicable or contagious disease within the travel
trailer and mobile home site. In case of disease diagnosed by a
physician as quarantinable, the departure of a trailer or mobile home
or its occupants, or the removal therefrom of clothing or other
articles which have been exposed to infection without approval of
the health authority is prohibited.
ORDINANCE NO.615 page 85 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 21
SUBDIVISION REGULATIONS
SECTION:
3-21-010. Short Title
3-21-020. Purpose
3-21-030. Scope
3-21-040. Compliance with Planning Jurisdiction Comprehensive Plan
3-21-050. Definitions
3-21-060. Preliminary Plat Required
3-21-070. Contents of Preliminary Application to Plat
3-21-080. Contents of Preliminary Plat
3-21-090. Preliminary Plat Date and Drawings Required on Demand
3-21-100. Filing Fees
3-21-110. Departmental and Agency Review Including Time Limits
3-21-120. Commission Review and Approval Required
3-21-130. Commission Approval of Final Plat - Time Limits
3-21-140. Contents of Final Plat
3-21-150. Official Signature and Approvals Required
3-21-160. Recording Required.
3-21-170. Other Requirements Prior to Recording Final Plat
3-21-180. Waiver of Requirement to Record Final Plat
3-21-190. Design Standards in General
3-21-200. Blocks
3-21-210. Lots
3-21-220. Streets
3-21-230. Alleys
3-21-240. Easements
3-21-250. Street and Utility Improvement Requirements
3-21-260. Schedules of Required Street, Utility & Off -site Improvements
3-21-270. Subdivision Agreement and Security for Completion of Improvement Requirements
3-21-280. Notice of Construction
3-21-290. Release of Security; Warranty; Default
3-21-300. Procedure for Approval for Street Dedications
3-21-310. Procedure for Approval of Vacations of Plats, Portions thereof, Public
Rights -of -Way or Easements
3-21-320. Interpretation
3-21-010. SHORT TITLE. This Chapter may be cited as the "City of McCall
Subdivision Ordinance."
3-21-020. PURPOSE.
(A) The purpose and intent of this Chapter is to promote the health, safety, convenience and
general welfare of the population of the Planning Jurisdiction and to help assure the orderly
development of the Planning Jurisdiction consistent with applicable policies and plans
adopted by the Council through the proper subdivision of land and street layout; and to
clarify and make more useful the public records in the Office of the Recorder.
(B) These regulations are declared reasonable and necessary to accomplish the above purpose
and are designed, among other things, to achieve well laid out streets and building sites in
accordance with proposed uses and adapted to the terrain and natural setting, to conserve
the natural beauty of the Planning Jurisdiction, to provide safe access, adequate drainage;
and utilities for the proposed sites, to facilitate and reduce ambiguity in the transfer of real
property and in general to provide for the orderly development of the Planning Jurisdiction.
ORDINANCE NO.615 page 86 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3-21-030. SCOPE.
(A) These regulations shall apply to the subdivision of all land within the Planning Jurisdiction;
(B) It is unlawful to make a subdivision of land as defined by this Title, or to set apart land for
any public street or road, alley or any part thereof, until a plat thereof is submitted to and
approved by the Planning Commission and by the Council.
(C) Exceptions (Record of Survey Approved for Zoning).
1. Eligibility for Record of Survey Procedure. To be eligible for processing under
paragraph 2. below an application for approval of a plat or survey must be determined
by the Administrator to meet one or more of the standards set out in this paragraph 1:
(a) No lot or parcel which would be created by the plat or survey is less than 40
acres in extent; or
(b) A single, existing lot of record is being divided into not more than four lots
other than as part of an evident marketing program of greater extent, and
each lot or parcel within the proposed plat or survey clearly meets the lot
size regulations of the applicable zone, other requirements of that zone, and
the applicable Comprehensive Plan; or
(c) Two or more lots of record are being combined; or
(d) The proposed plat or survey implements a judicial decision in a probate,
partition, or quiet title action, which decision decrees the setting off of
individual lots or parcels to individual parties to or beneficiaries of the
action, and every lot or parcel within the proposed plat or survey meets
applicable zoning and the applicable Comprehensive Plan; provided that the
Administrator need not recognize for these purposes a partition or quiet title
action to which the City was not made a parry and which the Administrator
concludes in the Administrator's discretion was maintained to evade these
regulations; or
(e) The proposed plat or survey is coextensive with and only further defines
(including combining) one or more existing, contiguous lots of record, and
each such lot of record was both of record and in several ownership from
any contiguous other included lot of record on June 1, 1992.
2. Record of Survey Procedure.
(a) The surveyor or the owner shall apply for approval of proceeding under this
record of survey procedure. The application shall disclose the name and
address of the owner, disclose the property in question, state the alleged
purpose of the proposed survey, and either be accompanied by a
preliminary survey or a drawing depicting the layout of the proposed survey
in the context of the existing lots or tracts to which the survey or the
purpose of the survey relates. (For example, if a survey is for the purpose
of splitting an intervening lot between adjoiners, the application shall depict
the land included in all three existing lots showing the new lot line in
question, and the configuration of each of the two resulting lots.) The
depiction may be based on record information, and not newly surveyed.
(b) The Administrator shall review the proposed survey and determine whether
the application qualifies for record of survey procedure.
(c) If the Administrator determines that the proposed survey does not qualify
for this procedure, the Administrator shall give written notice of that
determination to the surveyor and the owner, stating the reason(s), and
advising the owner that the owner should either correct the deficiencies or
proceed to formal platting. If the owner modifies the plan of survey to
ORDINANCE NO.615 page 87 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
conform to the requirements of this Title, the Administrator may proceed
under (d) below; otherwise, an application for a formal plat must be filed
before any further proceedings can be conducted. However, if the owner
proceeds to create a record of survey without corrections to the plan of the
survey, it shall bear the following certificate:
"This record of survey has not been approved by the City of McCall
with respect to its compliance with the Zoning Ordinance and
subdivision regulations. It may constitute an illegal subdivision. A
building permit may be refused with respect to any individual lot
shown on this record of survey."
(d) If the Administrator determines that the application qualifies for record of
survey procedure, the Administrator shall place written notice of that
decision on the next agenda of the Planning Commission for approval,
specifying the reasons, and which requirements of platting the
Administrator intends to waive. The Commission may accept, modify, or
reject the decision of the Administrator at that meeting. The Administrator
may thereafter and in accord with the action of the Commission waive the
application of some or all provisions of this Chapter. However, the
following three conditions cannot be waived.
(1) name, and evidence of title under Section 3-21-070 (A) and (B), and
(2) the preparation and recording of a record of survey pursuant to
Idaho Code; and
the preparation, execution, and securing of the performance of, an
agreement in form and scope similar to a Subdivision Agreement,
addressing necessary improvements.
Following Commission approval of use of the procedure, the Administrator
shall notify the surveyor to proceed with the record of survey. Such survey
shall be prepared with the following certificate:
"This record of survey has been reviewed and approved by the City
of McCall with respect to its compliance with the Zoning Ordinance
and exemption from formal platting; an individual lot shown on this
record of survey shall be considered a single lot for purposes of City
ordinances. If this record of survey combines lots shown on a plat
or survey of record, separate sale of such former separate lots will
constitute an illegal subdivision under the McCall City Code."
(f) A surveyor who has complied with this Section does not violate this Title by
recording an unapproved record of survey when required by State law to do
(3)
(e)
SO.
3-21-040. COMPLIANCE WITH CITY COMPREHENSIVE PLAN. To carry out the
purpose of these Regulations, all subdivision of land, records of survey, and all dedications and
vacations of streets must comply with the applicable Comprehensive Plan adopted by the Council
and with the applicable zoning.
3-21-050. DEFINITIONS. Terms used in this Chapter 21 are defined in Chapter 4 of this
Title.
3-21-060. PRELIMINARY PLAT REQUIRED.
(A) Prior to filing a preliminary plat and application for conditional approval of the preliminary
plat, the subdivider shall submit generalized plans and data and discuss the proposed
application with the Administrator. Such discussions should cover the general objectives
of the subdivision, platting procedures and requirements. Within 15 days the
ORDINANCE NO.615 page 88 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
Administrator shall notify the Subdivider that the plans and data as submitted or as
modified do or do not meet the objectives of these regulations. When the Administrator
determines that plans and data submitted by the Subdivider do not satisfy the requirements
of these regulations, the Administrator shall express, in writing, the reasons for this
determination.
(B) Upon developing conclusions on an informal basis as provided in Section 3-21-060(A)
regarding the general program the Subdivider shall file the Application for Preliminary Plat
or Subdivision Approval and prepare or cause to be prepared a preliminary plat, together
with improvements, plans, and other supplementary material as specified in Section 3-21-
070, Preliminary Application to Plat, and Section 3-21-080., Contents of Preliminary Plat;
and, upon the request of the Administrator, Commission or Director of Public Works,
supplementary material as specified in Section 3-21-090. The application shall not be
deemed accepted for filing, nor the time limits hereinafter set out for action commence to
run, until the preliminary plat and all supplementary material required in Sections 3-21-070,
3-21-080 and 3-21-090 have been received by the Administrator. When all required
material has been received, the Administrator shall sign and date the application.
(C) Application Review. The Administrator shall indicate on the application form the names of
those City officials, departments, bodies or agencies that have legal jurisdiction to review
the application in matters affecting the health, safety or welfare of the area.
(D) The applicant shall furnish the Administrator with such number of filled -out application
forms, and such number of maps, as are required for referral to those agencies having
jurisdiction or advisory interest as required by law in the proposed subdivision.
3-21-070. CONTENTS OF PRELIMINARY APPLICATION TO PLAT. The preliminary
application to plat shall comply with these regulations and shall have the following form and
content:
(A) Name of Proposed Subdivision. When a proposed subdivision is an extension of an
existing subdivision and both subdivisions are under the same ownership, the same name
may be used to identify the additional subdivision except that two subdivisions shall be
distinguished from each other by the addition of a number in sequence; Block numbers in
the additional subdivision shall not duplicate those in any other subdivision of the same
name except as blocks themselves may expand. Otherwise, the proposed name shall not
duplicate or resemble the name of another subdivision in the city or county.
(B) Land Area - Existing Title Status to Tract. The subdivider shall attach to one copy of the
application, for the Commission file only, a statement setting forth:
1. Over the signature of a title company licensed to do business in Valley County:
(a) The names and addresses of the owners of record.
(b) The record nature of the interest of each in the development.
(c) A copy of any existing easement or deed restriction of record applicable to
the tract.
(d) A notation of the nature of any other lien or encumbrance of record.
2. The zoning classification applicable to the tract.
3. The total acreage of the tract and such adjacent lands under the same ownership.
4. Any unrecorded matter known to the subdivider that would have been disclosed
under paragraph 1. above, if it had been of record.
(C) Land Area - Existing Physical Conditions of Tract and Vicinity. The Subdivider shall
attach to the preliminary application, a statement describing the existing physical
characteristics of the tract and vicinity with respect to:
1. Terrain.
ORDINANCE NO.615 page 89 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(D)
(E)
2. Type of soil.
3. Location and direction of flow of all water courses on the tract and abutting
properties.
4. The possibilities of the tract being subject to inundation or storm water overflow.
and the approximate high water elevation; if within an area of special flood hazard,
a map of the area taken from any applicable FIRM.
5. Any significant natural features such as rock outcropping, marshes or wooded
areas; a marsh for these purposes includes any wetland for purposes of Corps of
Engineers regulation.
6. The location of existing sewers, water mains, culverts, drain pipes, and electric
conduits or telephone lines proposed to service the property to be subdivided.
7. The location of adjacent streets or existing structures that would affect the proposed
improvement program.
8. Easements by use such as but not limited to roads, driveways, buried or overhead
utilities, drainage.
Building Program. The subdivider shall indicate the type of subdivision intended.
Proposed Street, Utility or Other Off -Site Improvements. The subdivider shall attach to the
application an explanation of the program to make the required improvements and indicate
other improvements proposed in connection with the proposed subdivision which shall
address:
1. Street dedication and standards of improvements.
2. Irrigation and drainage programs.
3. Proposed sources of potable and fire flow water, whether public, water
associations, or individual wells.
4. Proposed methods of disposing of sanitary waste by public systems or individual
disposal, and refuse by land fill service.
5. Proposed source of electric power, gas and telephone service and cable television.
6. Any additional corrective or improvement programs.
(F) The subdivider shall submit proposed restrictive covenants, in outline form, as are required
to insure continuing conformance with the standards set forth in this Title, including but not
limited to building setback lines. There shall be a statement on the plat as follows:
"Building Setbacks shall conform with applicable sections of the zoning Title."
(G) Land Program. The subdivider shall submit information pertaining to the development
program, including proposed stages of development and the program for the installation of
off -site improvements, the number of lots, typical width and depth of lots, typical lot areas,
lineal feet of street average street length per lot, percentage of area in street, maximum street
gradient.
(H) Legal Description of Area.
(I) General Description of Area. A general description of the location of the plat shall be
submitted.
(J) Signatures. Signatures of applicant and of the Administrator and date of acceptance of
application and notation that filing fees have been paid shall be placed on the form.
(K) Fee for filing a preliminary plat required prior to acceptance and processing, in the amount
set by resolution of the Council.
3-21-080. CONTENTS OF PRELIMINARY PLAT. The preliminary plat shall comply with
these regulations and shall have the following form and content:
ORDINANCE NO.615 page 90 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(A) An actual draft preliminary plat. All mapped information shall be prepared in a neat and
legible manner in pencil or ink. All map data must be submitted in scale but need not be
based upon an actual ground survey, except that the exterior tract dimensions and boundaries
must be based on an actual survey made by a registered professional land surveyor.
(B) The preliminary plat shall show all contiguous land owned by the same owner or by a
related owner; two owners are "related" for purposes of this subsection if one owner has an
interest in land in which the other owner also has an interest. Lands which the owner does
not wish to subdivide or resubdivide, shall be depicted according to their existing platted
configurations; if not platted, they shall either be shown by their descriptions of record, or
be denoted "Unsubdivided Tract" plus a letter, e.g. "Unsubdivided Tract A."
(C) The name(s), address(es) and phone number(s) of the subdivider(s) and land surveyor
shall be noted.
All maps containing data shall contain the name of the person or firm responsible for the
drawing together with the date drawn and a serial number in order that further reference to
information contained and responsibility for same may be easily identified.
(E) The name of the proposed plat, subdivision or dedication, shall be shown including an
appropriate identification clearly stating that the map is a preliminary plat.
(F) The date, scale, true north point and section, township and range shall be shown.
(G) The preliminary plat shall be drawn to a scale adequate to show detail in a clearly legible
fashion, including all information required such as setback lines, street centerlines,
boundary lines and ties to monuments, etc., and all other drawings required such as
engineering data and contour maps.
(H) The initial point and tie shall be to at least two government corners, or in lieu of
government corners, to monuments recognized by the Director of Public Works.
(I) Descriptions of survey monuments shall be included. Proposed street names, and the
numbering of lots, together with the lay out of proposed street right-of-way lines, lot lines,
alley and easement lines, an building setback lines, including all approximate dimensions
and any and all proposed street extensions shall be shown.
The location, width and names of all existing or platted streets or other public ways within
the proposed development and other important features, such as the general outline of
existing buildings, water courses, power lines, telephone lines, railroad lines, any existing
easements, municipal boundaries and section lines, shall be shown.
(K) The tract designation of the immediate adjacent plats, subdivisions, or dedications as
shown in the files of the Valley County Recorder, if any.
(L) Zoning district boundary lines, if any are interior to or abut the plat, shall be shown; if no
lines are applicable, the zone in which the plat is located shall be shown in a note.
(M) The minimum setbacks for front yards, side yards, side streets, and the rear yards of
buildings to be placed on the property shall be shown.
(N) All parcels of land or interests therein intended to be dedicated or temporarily reserved for
public use or to be reserved in the deeds for the common use of property owners of the
subdivision and the purpose, condition, or limitations of such reservations shall be
indicated. In residential plats, all parcels lawfully intended for other than residential use
shall be indicated by hatching and appropriate labeling.
(0) If the subdivider plans a phased development of the area contained in the preliminary plat,
the respective areas of development shall be designated and shown on the preliminary plat
as to area and priority of development.
3-21-090. PRELIMINARY PLAT DATA AND DRAWINGS REQUIRED ON DEMAND.
(A) The applicant, upon request of the Administrator, shall furnish such of the drawings,
(D)
(J)
ORDINANCE NO.615 page 91 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
information and data described in Paragraphs B through F of this Section 3-21-090 as are
specified by the Administrator, for review by other reviewing authorities and the
Commission.
(B) Percolation test and water table data required by the Health Department in order to approve
each lot for individual sanitary waste disposal.
(C) The elevations of all corner points on the boundaries of the proposed plat, subdivision, or
dedication, referenced according to Section 3-21-080.
(D) Contours when required by the Director of Public Works, with intervals of five feet or less
referenced to such datum as is acceptable to the Director of Public Works.
(E) Inclusion on topographical drawings of the course, distance, and dimensions of the
rerouting of drainage courses and irrigation facilities as well as documentary evidence of
consent to rerouting by all interested land owners affected and having rights to and in such
facilities.
(F) Before a final application can be submitted, if sewers, storm drains or waterlines are to be
installed, the subdivider shall submit the following along with the preliminary plat as
required by the Director of Public Works:
1 A general layout showing the proposed location and approximate sizes and grade of
sewer lines, catch basins. pumps, and other drainage and sewerage structures.
2. A general layout showing the proposed location and approximate size and grade of
water distribution systems, pipes and valves and hydrants.
3 . An outline of the provisions of all points of protective covenants to be recorded
with the plat.
If these improvements are not to be installed at the time of platting and subdivision,
easements on the plat and other provisions shall be provided, as required by the Director of
Public Works or Payette Lakes Water and Sewer District, whichever may be applicable.
3-21-100. FILING FEES. Every preliminary plat filed with the Commission for review and
approval shall be accompanied by a receipt from the City Clerk for the payment of a filing fee in the
amount set by the Council by resolution.
3-21-110. DEPARTMENTAL AND AGENCY REVIEW INCLUDING TIME LIMITS.
(A) A minimum of four copies of the preliminary application and plat and four copies of the
supplementary material specified shall be submitted to the Commission at least 30 days
prior to the meeting at which time the material submitted will be reviewed for the
Commission's conditional approval.
(B) If no written recommendations are received by the Commission from any department or
agency hereinafter referred to within 15 days from the date that said applications and
preliminary drawings were sent to such department or agency by the Administrator, then in
such event, the Commission, at its option, may assume that such department or agency did
approve the preliminary application or plat.
(C) Officials, department and agencies to which the Commission shall refer copies of the
preliminary application and plat prior to the decision of the Commission shall include the
following:
1. Director of Public Works, who shall review the preliminary application and plat for
compliance with construction specifications and standards for roads and streets and
with all other applicable standards, rules and practice, including the proper street
design, alignment, grades of streets, adaptability of the plat for surface drainage,
the capacity to assure safe and efficient movement of traffic, and for such utilities as
are under the Public Works Director's jurisdiction and, for compliance with city
standards for water, sewer and drainage systems.
ORDINANCE NO.615 page 92 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
2. Idaho State Department of Health, which shall review the preliminary application
and plat for compliance with solid waste control regulations and standards adopted
by the Idaho Department of Health.
3 . The Fire Chief for review of the proposal in terms of access to proposed structures,
adequate water supply for fire suppression, potential fire hazards, and for the
possible elimination of such hazards.
4. County Engineer review of proposed streets that will be maintained by the Valley
County Road Department including proposed street names; the comments of the
County Engineer shall not be deemed received until presented in person or in a
writing signed by that official or by the Board.
5. Other agencies deemed appropriate, including but not limited to the McCall -
Donnelly School District, McCall Memorial Hospital District, Payette Lakes Water
and Sewer District, Idaho Department of Lands, Valley County, and any applicable
street or highway maintenance agency.
3-21-120. COMMISSION REVIEW, HEARING, AND ACTION REQUIRED.
(A) The Commission shall review the preliminary application, plat and other material submitted for
conformity to these regulations, proper street layout, proper building sites, harmony with
adjacent areas and street patterns, generally all factors pertaining to the orderly growth of the
Planning Jurisdiction and to the protection of the health, safety and general welfare of the
public, and shall notify the subdivider of changes required and the kind and extent of
improvements to be made by the subdivider. To assist in making this review, the Commission
shall schedule, notice, and conduct a public hearing in like procedural fashion as for the
consideration of a conditional use. If approved or disapproved, the Commission shall issue in
writing within 15 days of its decision, findings of fact and conclusions of law in support of the
decision. The Commission may condition its approval upon dedications or reservations for
future dedication of lands outside the proposed final plat, but within the contiguous ownership
shown on the drawing described in Section 3-21-080 (0), where the same would facilitate
implementation of the Comprehensive Plan, such as, for one example, by making provision for
through streets. The Commission may condition approval upon dedications being made not
only of lands within the proposed final plat, but also within other lands shown on the
preliminary plat, including from within lands not proposed for subdivision or resubdivision.
Where platted streets once existed, but were vacated and closed to permit the construction of a
railroad or other facility, which railroad or other facility has been removed from the land, the
Commission shall require rededicating of the former streets.
(B) The action of the Commission shall be noted on two copies of the preliminary plat,
referenced and attached to any conditions determined. One copy shall be returned to the
Subdivider and one copy shall be retained for the files of the Commission.
(C) Conditional approval of a preliminary plat shall not constitute approval of the fmal plat, but
shall be deemed an expression of approval of the layout submitted on the preliminary plat
as a guide to the preparation of the final plat which will be submitted for approval of the
Commission and for recording, upon fulfillment of the requirements of these regulations
and the conditions of the conditional approval, if any. When in the view of the Commission
conditional approval of the preliminary plat requires major changes, the Commission may
by motion provide that a second public hearing be held at the appropriate time to assist it in
determining whether those changes were appropriately made.
3-21-130. COMMISSION APPROVAL OF FINAL PLAT - TIME LIMITS.
(A) The final plat shall conform substantially to the preliminary plat as approved, and if desired
by the subdivider, it may constitute the entire preliminary plat or any portion thereof,
provided however, that such portion shall conform to all requirements of these rules and
regulations.
ORDINANCE NO.615 page 93 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(B) Application for approval of the final plat shall be submitted in writing to the Commission at
least 15 days prior to the meeting at which it is to be considered, except that if another hearing
was required under Section 3-21-120, the submission shall be at least 30 days prior to that
meeting. The application shall not be deemed accepted for filing, nor the time hereinafter set out
for action commence to run, until the final plat and all supplementary material required in
Sections 3-21-140 and 3-21-150, have been received by the Administrator.
(C) File copies of the final plat, as required, and other exhibits required for approval shall be
prepared as specified in this Chapter and the Idaho Code, and shall be submitted to the
Commission within 18 months after approval of the preliminary plat; otherwise, such
approval is null and void unless an extension of time is applied for and granted by the
Commission prior to such approval's becoming null and void; Provided, however, that
where development is to be phased in accord with a schedule, furnished to the Commission
with the preliminary plat and thereafter only modified with the approval of the
Commission, and such schedule is followed in an orderly and reasonable manner, a final
plat in conformity with the conditions of approval of the approved preliminary plat may be
submitted for each phase at not greater than thirteen month intervals.
Within 45 days (or 60 days, if a public hearing is required) of receipt of the final plat, the
Commission shall review the plat for compliance with the decisions made upon the review
of the preliminary plat, and subdivision and other agreements subsequent thereto, and if in
order, shall approve the plat by motion and transmit the final plat, the subdivision
agreement, and a copy of said minutes noting approval and the reasons for same to the
Council. If the plat is approved or disapproved, the Commission shall submit findings of
fact and conclusions of law. If the plat is approved, the final plat shall be signed by an
authorized agent of the Commission.
(E) Within the said 45 or 60 days, the applicant shall also secure the approval and signatures of
such other officials as required by Section 3-21-150 of this Title prior to filing the final plat
for recording; or in the event such official deems fit to disapprove said plat, the
Administrator shall secure a written statement from the appropriate officials as to the
reasons for disapproval and shall provide copies of such statement to the applicant.
(F) The City Council shall then review the plat, and if approved, shall signify the approval and
acceptance of the final plat in writing which shall include the date of acceptance and bear the
signature of the Mayor. A motion by the Council accepting said plat shall be duly recorded
in the Council minutes. Such approval and acceptance shall be conditioned upon execution
of the subdivision agreement, if any. Plats relating to land within the Impact Area shall be
submitted to the Board of County Commissioners for acceptance of dedication, approval of
road construction standards and agreements, and consideration of any relevant development
impact fees.
(G) The final plat and the covenants shall be filed with the Valley County Recorder within three
months after written approval by the Council; otherwise, such approval shall become null
and void unless an extension of time is applied for and granted by the Council. No plat,
subdivision, or dedication, or any instrument passing title to any portion of the land
included in it, shall be accepted for recording unless approved prior thereto in accordance
with these rules and regulations.
3-21-140. CONTENTS OF FINAL PLAT.
(A) The area covered by the final plat shall be surveyed, staked, and monumented in accord
with the Idaho Code and applicable State rules and regulations.
(B) All plats offered for record shall physically conform to the requirements of the Idaho Code
and applicable State rules and regulations.
(C) The final plat shall show all information required by the Idaho Code and applicable State
rules and regulations, and:
(D)
ORDINANCE NO.615 page 94 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
1. Title, scale, north arrow and date.
2. The name of the subdivision and of the respective streets therein dedicated,
including the location of the plat with respect to portion of section, township and
range.
3. Plats of subdivisions must not bear the name of any existing town, addition, or
subdivision; nor can the same word, or words similar, or pronounced the same, be
used for the subdivision name; provided, however, that the words "[First, Second,
etc.] Addition" or "No. [2, 3, etc.]," may be used when the proposed subdivision
is contiguous to that existing subdivision and is being subdivided by the same
subdivider, or when the subdivider files with the Administrator the written consent
of the subdivider who subdivided that existing subdivision. All plats of the same
name must continue the lot and block numbers of the plat previously filed.
4. The plat shall show minimum set back distances from front, side and rear lot lines,
and from flanking street lines, no less restrictive than applicable zoning.
5. The portions of the subdivision reserved for utility, irrigation, and other classes of
easements shall be clearly shown together with a.legend setting forth the purpose of
said easements.
6. Boundaries of flood prone areas.
7. The book, page, and recorder's fee number of the protective covenants governing
the subdivision shall be noted and shown on the plat.
(D) The final plat shall bear:
1. The signed certification by the owners of the land of the correct description of the
land included in the plat; and a statement of their intent to include the same in the
plat, and to make a dedication to the public of all streets and alleys shown on the
plat. The certification shall be signed and acknowledged by all owners shown on
the title information provided under Section 3-21-070 (B); the signature of a person
owning only an interest in the mineral estate need not be obtained.
2. The signed certification by the surveyor making the survey that the plat is correct,
and the surveyor's seal.
3-21-150. OFFICIAL SIGNATURES AND ENGINEERING APPROVAL REQUIRED.
(A) Sufficient space on the plat shall be reserved for the signatures and acknowledgments of the
persons required to review and approve the final plat. No City signatures shall be affixed
to the plat prior to the receipt by the City of the following, bearing all necessary signatures
and certifications:
1. restrictive covenants, if any, and
2. the subdivision agreement and a memorandum thereof, and
3. three prints of said final plat for distribution to the Commission and Director of
Public Works, and
4. the bond or other surety arrangement for the performance of the subdivision agreement.
(B) The County surveyor shall review the final plat for compliance with all standards as required
by law and with applicable rules and practice, including among other things, review of the
form, completeness, clarity and accuracy of the drawing, and the inclusion of all necessary
data, notes, and titles. Upon finding the final plat to be in order, said official shall sign the plat,
affix the official's seal, and transmit the plat to the Commission.
3-21-160. RECORDING REQUIRED. The subdivider shall make or cause to be made all
necessary recording and filings with the County Recorder prior to the closing of the sale of any lot
included in the plat.
ORDINANCE NO.615 page 95 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3-21-170. OTHER REQUIREMENTS PRIOR TO RECORDING FINAL PLAT.
(A) The subdivider shall cause the property to be surveyed, monumented and a plat thereof
prepared all in accordance with the Idaho Code, before the final plat is accepted for filing.
Any work required to be performed on the property to meet such requirements shall be
verified by the County Surveyor and a certificate of the completion of such work given by
him. The provisions of such sections as to monuments, stakes and other markings shall be
considered minimum requirements, and the County Surveyor may establish higher
reasonable requirements, by filing a written specification under this section of this Title
with the Council. Said written specifications shall become effective under this Title only
when approved by the Council and duly recorded in the minutes of the proceedings of the
Council.
(B) In the event the final plat is submitted for preliminary plat approval, or variations between
the final plat and the preliminary plat as approved have arisen, or the Subdivider gives
notice to the Administrator that the Subdivider desires to proceed by this method, the final
plat may be considered without this certificate of the County Surveyor; but any approval
shall be specifically conditioned upon the certificate being delivered to the Commission
within 30 days of conditional approval, and the final plat, together with the final restrictive
covenants and all documents submitted for the conditional approval, shall be retained in the
possession of the Administrator until said certificate is supplied.
(C) A certificate by the Administrator certifying that the subdivider has complied with one of
the following alternatives:
1. All improvements have been installed in accordance with the requirements of these
regulations and with the action of the Commission giving conditional approval of
the preliminary plat, and a Subdivision Agreement has been signed setting out the
bonding requirement respecting warranty of installed improvements; or
2. A Subdivision Agreement setting out all required improvements not yet in place or
not yet accepted, together with an acceptable surety arrangement guaranteeing
payment of up to 120% of the estimated cost of completion of improvements, and
setting out the bonding requirement respecting warranty of installed improvements,
has been executed.
(C) One copy of protective covenants in form for recording and one copy for the Commission's
file, and the necessary and required copies of the subdivision agreement and surety
documents if required, shall be provided.
(D) Such other certificates, affidavits, endorsements, or deductions as may be required by the
Commission in the enforcement of these regulations, shall be provided.
The applicant must submit a supplemental title report evidencing that all persons owning
any interest in the fee estate of the land have executed the final plat. It is not necessary for
the owner of a reserved mineral estate to execute the plat.
3-21-180. APPROVAL.
(A) Approval of preliminary plats shall be conditioned on and subject to the following
conditions and requirements:
1. The Commission shall review the proposed subdivision for conformance with the
development policies and in particular, the Commission shall review the proposed
subdivision with regard to provision of arterial streets and to future provision of an
adequate minor street pattern in the surrounding neighborhood.
2. A land survey, certified by a surveyor, shall be submitted of the exterior boundaries
of the proposed subdivision and of any proposed streets or widening of existing
streets.
3. Dedication of all necessary streets, and/or widening of existing streets.
(E)
ORDINANCE NO.615 page 96 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
4. Improvement of approved proposed streets upon which lots front in accordance
with City specifications for roads and streets or execution of a subdivision
agreement for later improvement in accordance with City specifications for roads
and streets.
5. Approval of proposed sewage disposal and water facilities by proper City, County
and State officials having jurisdiction thereof.
6. Approval of proposed drainage plans by Director of Public Works.
7. Filing of such restrictive covenants as are required to insure conformance with the
standards set forth in this Title.
8. Commercial and industrial areas shall show the general location of buildings, access
and egress points and other off-street parking facilities.
9. In the case of residential lots, the Commission may include a stipulation prohibiting
further resubdivision of said lots.
10. Provision of easements and such other facilities as are necessary to the orderly
future development of the neighborhood, in accordance with the provisions of this
Title.
11. The proposed plat shall indicate on each lot the street number assignable to such lot.
The proposed subdivision, as approved, shall be kept on file in the office of the
City Planning Commission and shall be posted on appropriate maps. Such data
shall also be furnished the County Assessor. Provided, however, approvals under
this Section shall not constitute the filing of a plat, and no conveyance describing
property shall be made which makes reference to lots or block numbers or any plat
or survey required by this Section unless such plat or survey has been subsequently
filed for record for the County Recorder.
12. All dedications and easements and covenants as required and approved by the
Commission shall be filed in the office of the Valley County Recorder and copies of
such instruments furnished the Commission.
3-21 190. DESIGN STANDARDS IN GENERAL.
(A) The following design standards shall be incorporated in any plat, subdivision or dedication
and each of the requirements hereinafter set forth shall be considered mandatory unless the
particular provision indicates to the contrary.
1. Land which the Commission has found to be unsuitable for subdivision because of
risk of flooding, poor drainage, steep slopes, rock formations, or other features
likely to be harmful to the safety and general health of the future residents and
which the Commission considers inappropriate for subdivision, shall not be
subdivided unless adequate methods approved by the Director of Public Works are
planned for overcoming these conditions.
2. Areas where topographical slopes are 10% or more may be subdivided in
conformance with such additional requirements as the Commission requires. The
Commission shall provide such additional requirements to any subdivider within 10
days after its decision imposing such requirements. Such additional requirements
shall be secured from the appropriate departments by the Commission or its
Administrator. Such additional requirements shall only relate to matters set forth in
this Title, shall be applied uniformly throughout the City under similar
circumstances and shall be reasonable under the circumstances.
(B) Subdivisions which set aside special areas for preservation of natural flora, fauna, to
preserve wetlands, to isolate and preserve archaeological or natural features, or to create
public recreational corridors through and about such areas shall be eligible for transferring
allowable densities within the subdivision to developable portions of the subdivision. Such
ORDINANCE NO.615 page 97 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
natural reserves must be perpetually dedicated to such use or preservation by a note on the
face of the plat. All such lots in a subdivision on such a plat with this provision shall be
prohibited from further subdivision. (cf. 3-21-18 (B) 9 and 3-21-8-(M))
3-21-200. BLOCKS. The length, widths and shapes of blocks shall be determined with due
regard to:
(A) Adequate building sites suitable for the type of use contemplated, including the zoning
requirements as to lot size and dimensions, shall be provided.
(B) Blocks shall have sufficient width to provide for two tiers of lots.
(C) The needs for convenient access, circulation, control and safety of street traffic shall be met.
The number of intersecting streets with arterials of all classes shall be held to a minimum.
(D) The limitations and opportunities of topography shall be recognized.
(E) Residential block lengths shall be between 300 feet and 600 feet, provided block lengths
may be a greater length upon showing of cause.
(F) Pedestrian crosswalks, not less than 10 feet wide, may be required where deemed essential
to provide circulation, or access to schools, playgrounds, shopping centers, transportation
and other community facilities, and shall be constructed in accordance with the standards
and specifications prescribed in the manual containing the road standards and specifications
adopted by the City.
3-21-210. LOTS.
(A) The lot size, width, depth, shape and orientation, and the minimum building setback lines,
shall conform to applicable zoning and be appropriate for the location of the subdivision
and for the type of development and use contemplated. Every lot shall abut upon a street.
Corner lots for residential use shall have extra width to permit building setbacks from and
orientation to both streets.
(B) Double frontage, and reverse frontage lots, shall be avoided, except where essential to
provide separation of residential development from traffic arteries or to overcome specific
disadvantages of topography and orientation. A screening easement at least 10 feet wide
parallel to the lot line and across which there shall be no right of access, shall be provided
along the line of a traffic artery or other easily incompatible use.
(C) Side lot lines shall be within 20 degrees of right angles or radial to street lines.
(D) The Subdivider, upon request by the Commission, shall provide the Commission with the
following information, or such portion thereof as the Commission deems necessary.
1. Data setting forth the highest known water tables for the proposed subdivision and
for the property lying down -grade and contiguous to subject subdivision.
2. A geological analysis addressing the suitability of the subsurface of the land for the
proposed development.
3. The location of all existing or proposed irrigation ditches, streams, drainage
ditches, or known underground water courses.
(E) If, upon consideration of such information, the Commission finds that by reason of the
factual situation and circumstances concerning the subdivision in question, the health, safety
and welfare of the inhabitants of the subdivision and the aquifers and streams in question
would not suffer from pollution, theCommissionmay approve minimum lot sizes for areas
within the plat in accordance with the applicable minimum or minimum average lot sizes in
the applicable Zone.
3-21-220. STREETS.
(A) The arrangement, character, extent, width, grade, and location of all streets shall conform
to adopted standards and policies, and shall be considered in their relation to existing and
ORDINANCE NO.615 page 98 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
planned streets, topographic conditions, to public convenience of safety, and in their
appropriate relation to the proposed uses of the land to be served by such streets. The
minimum street right of way width in the Planning Jurisdiction shall be 60 feet for minor
streets, 70 feet for collector streets, and 80 feet for arterial streets, whether public or
private. However, street right-of-way widths within the Impact Area shall not be less than
70 feet. The right of way for collector and arterial streets shall not be private property, but
must be dedicated; where the actual collector or arterial use of the right of way is in the
judgment of the Commission not a near -term use, the Commission may authorize interim
construction as a private roadway without public maintenance.
(B) The arrangement of streets in a subdivision shall either:
1. Provide for the continuation or appropriate projection of existing principal streets in
surrounding areas; or
2. Conform to a plan for the neighborhood approved or adopted by the Commission to
meet a particular situation where topographic or other conditions make continuance
of or conformance to existing streets impracticable.
(C) Where a subdivision abuts or contains an existing or proposed arterial street, the
Commission may require marginal access streets, reverse frontage streets or similar
treatment necessary for adequate protection of residential properties.
(D) Where a subdivision borders on or contains a railroad right-of-way or limited access highway
right-of-way, the Commission may require a street approximately parallel to and on each side
of such right-of-way, at a distance suitable for the appropriate use of the intervening land.
(E) Reserve strips controlling access to streets shall be prohibited except where their control is
placed in the City under conditions approved by the Commission.
(F) Street layout shall conform to the most advantageous development of adjoining areas and
the entire neighborhood, and shall provide for the following:
1. Adequate access to adjoining lands.
2. Streets intersecting at right angles, or as nearly as possible.
3. Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these
regulations and where the Commission finds it will be practicable to require the
dedication of the other half when the adjoining property is subdivided. In all other
instances where a half street is adjacent to an undeveloped tract, the other half of the
street shall be platted within such tract.
4. No street names shall be used which will duplicate or be confused with the names
of existing streets in any town or county area. Street names shall be subject to the
approval of the Commission.
5. If street trees are required to be installed, the minimum standard shall be two inches
(2") caliper, 40 feet to 60 feet apart. Trees or shrubs placed within 25 feet of a street
corner shall not obstruct clear vision of and across the corner between four feet and
eight feet above the ground level of the traveled way.
6. Cul-de-sac streets, designed to be permanent, shall not be longer than 900 feet and
shall be provided with a turn -around with a right-of-way diameter of at least 120
feet and a paved roadway of at least 90 feet.
(G) Property lines at street intersections shall be rounded with a radius of 10 feet or a greater
radius where the Commission may deem it necessary.
(H) Street jogs with centerline offsets of less than 125 feet shall be avoided.
(I) A tangent at least 100 feet long shall be introduced between reverse curves on arterial and
collector streets.
ORDINANCE NO.615 page 99 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
3-21-230. ALLEYS.
(A) Alleys shall be provided in commercial and industrial zoning districts, except that the
Commission may waive this requirement where other definite and assured provision is
made for service access, such as off-street loading, unloading and parking consistent with
and adequate for the uses proposed.
(B) The width of an alley shall be not less than 20 feet
(C) Alley intersections and sharp changes in alignment shall be avoided, and where necessary,
corners shall be cut off sufficiently to permit safe vehicular movement.
Dead-end alleys shall be avoided where possible; but, if unavoidable, shall be provided
with adequate turn -around facilities at the dead-end, as determined by the Commission.
3-21-240. EASEMENTS.
(A) Easements shall be provided for utilities inside the front lot line of a width of a minimum of
12 feet, subject to the right of access, and elsewhere as and where considered necessary by
the utilities and approved by the Commission.
(B) Where a subdivision is traversed by a water course, drainage way, channel or stream there
shall be provided a storm water easement or drainage right-of-way conforming substantially
with the lines of such water course, and such further width or construction, or both, as will be
adequate for the purpose. The Commission may require setbacks from water courses, appli-
cable not only to buildings, but also to any disturbance of the stream banks and edge habitats.
(C) Provisions for adequate drainage shall be made by the subdivider as prescribed by the
Director of Public Works in accordance with the manual containing the road standards and
specification as adopted by the City of McCall.
3-21-250. STREET AND UTILITY IMPROVEMENT REQUIREMENTS.
(A) Street, utility and other on -site and off -site improvements, as hereinafter listed, shall be
installed in each new subdivision at the subdivider's expense, or their later installation at
subdivider's expense provided for in the subdivision agreement, in accordance with the
minimum standards set forth below prior to the acceptance of any final plat filing.
(B) Neither the Board nor the City shall accept the dedication of any public rights -of -way and
any easements shown on the plat, together with appurtenant facilities lying therein which it
would have a duty to maintain after dedication, which are not improved, or construction
thereof guaranteed in accordance with the provisions of this Title or with policies,
standards, designs and specifications set forth in the road, street specifications adopted by
the City and, with respect to the Impact Area, by the County.
(C) Street name signs must be placed at all intersections per City standards, and street lighting
at intersections with arterial streets and within industrial and commercial zoning districts.
3-21-260. REQUIRED STREET, UTILITY AND OFF-STREET IMPROVEMENTS.
Improvements are required as follows; the decision of the City official having jurisdiction made in
good faith shall control all questions of interpretation of standards. This section and the Valley
County road standards shall be read together, with the stricter standard to control in the presence of
any conflict.
(A) The subdivider shall plan, and construct in residential, commercial, or industrial
subdivisions:
1. Paved streets; except that paving within the Impact Area is required only when:
(a) paving would be required by the County in a like location, as determined by
the County Engineer, or
(b) the land being subdivided is in whole or pertinent part within that area identified
as to be annexed to the City by the then current Comprehensive Plan.
(D)
ORDINANCE NO. 615 page 100 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
2. Appropriate drainage facilities.
3 . Water and sewer lines; except that installation of water or sewer lines, either or
both, may be waived under circumstances where applicable State health and
environmental requirements and Title 6, McCall City Code, do not require the same;
provided, however, that the Commission may nevertheless require the installation
of dry water or sewer lines when the land being subdivided is in whole or pertinent
part within that area identified as to be annexed to the City by the then current
Comprehensive Plan, and is shown as to be provided with water or sewer, as the
case may be, in adopted water or sewer master plans.
4. Underground power and telephone.
5. Street lights at intersections with collector or arterial streets as determined in good
faith by the Administrator.
(B) Within commercial and industrial subdivisions the subdivider shall also provide paved
alleys, except where alleys are omitted from the plat with approval of the Commission.
(C) Design plans for street construction and subdivision drainage shall be submitted to and
approved by the City Public Works Director prior to construction. Subgrade construction
must be approved before placing gravel fill and gravel fill inspected before placing base
course. For lands in the Impact Area, submittal is also to, and approval is from, the County
Engineer.
(D) The right of way beyond the limits of fill and back slopes shall be cleared to the extent and
not beyond the extent required by the City Engineer upon request of the subdivider for
direction, having regard to the safety of the traveling public and the appearance of the City.
(E) Subgrade embankment shall be placed in uniform layers not exceeding eight inches thick,
and shall be compacted, using NFS material. The top twelve inches of subgrade shall be
compacted to not less than 90% density by scarifying, watering, and rolling as required. In
the event of any conflict between this paragraph (E) and the standards set out in paragraph
(H), the latter shall govern.
(F) Drainage must be provided.
1. Storm sewer shall be employed where a connection to appropriately sized storm
sewer facilities within 300 feet is possible.
2. Surface drainage may be provided where storm sewer is not present, according to
the following standards, except where flowing water is generally present, standards
shall be as directed by the Public Works Director with an eye to both high water and
risks of winter glaciation.
(a) Street side ditches shall drain to cross -drains; the size of both are subject to
approval of the Public Works Director.
(b) Cross drains at intersections shall be set back ten feet from the property line
or located as approved by the Public Works Director.
(c) Driveway approach culverts shall be not less than twelve inches in diameter.
(G) Street grade. The maximum permitted grade is 6%; grades of up to 10% may be permitted
where the Public Works Director and the Fire Chief are satisfied by reason of site
topography and soils that a reasonable lesser -grade alternative does not exist. No street
may be artificially elevated over an underpass location merely to permit a private underpass.
(H) Standard streets. The standard street is centered on the centerline of the right-of-way;
constructed in accord with the above standards as to materials and drainage, and meets the
standards set out in the following standard profiles and referenced sources, all of which
together may be referred to as the City of McCall Standard Specifications:
ORDINANCE NO.615 page 101 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
ROAD STANDARDS FOR
CITY OF McCALL
DRAWINGS
PAVED STREETS
ARTERIAL STREET 100
COLLECTOR STREET 101
RESIDENTIAL STREET 102
CURB & GUTTER FOR
DOWN TOWN BUS. DISTRICT 103
DETAIL DRAWING 104
CURB & SIDEWALK DETAIL 105
CAR ACCESS RAMP 106
HANDICAPPED RAMP DETAILS 107
GRAVELED STREETS
DRAWING NUMBER
ARTERIAL STREET 120
COLLECTOR STREET 121
RESIDENTIAL STREET 122
REVISED 04/15/93 BK
DRAWING s D00
ORDINANCE NO.615 page 102 of 191
As amended and approved for first reading by Council March 3,1994, printed March 7, 1994
a
P
a
b
b
0
0
M
41
et
C-.)
C
4
w
,78
0
A
519 'ON aDN`dNIC 2I0
1613o COI a ud
1.0
R/W
22.00'
34.0Z.
... �I=III
<5.0a>
sHou_oER
22.PJ1a
12.00' x 12.00" )<5.a0�.aa�.00.
i 5LOE E
3% SLOPE
=1
4- BITUMINOUS SURFACE PAVEMENT
4' BASE COURSE
12" MINIMUM SUBBASE MATERIAL
�7IL71DER
54.010 SUBGRADE BASE
BE.00
s\_apE
�1
P.'I/4
NOTES:
BASE COURSE - 3/ 4' CRUSHED GRAVEL
SUBBASE = 2' MINUS
COMPACTION REQUIREMENT
USE LATEST EDITION OF I.S.P.W.C.
STANDARDS
STANDARD PROFILE
ARTERIAL STREET
DRAW 1 NG # 100
E;1DP1.
>o
v�
D., 0
z
g m
"z
bo
b
o .r
0
O
ti
y
a
oa
�c
n
0
4
c9
w
b
5"'
4
100
R/W
20.00'
28.00'
2(0.00'
12.00
3/ SLOPE
r/L
12.00
3/ SLOF'E
4' BITUMINOUS SURFACE PAVEMENT
4' BASE COUROC
sf ni r.0
agilatimn
12'MINIMUM SUBBAgF
48.00 SUBCRADE BASE
7 0.00'
41
}
Il iW
NOTES :
BASE COURSE =3/4' CRUSHED GRAVEL
SUBBASE = 2" MINUS
COMPACTION REOUIREMENT
USE LATEST EDITION OF 1.S.P.W.C.
STANDARDS
STANDARD PROFILE
COLLECTOR STREET
DRAW I NG # 101
v0
N
CD .44
a
az
b0
b�
o
LA
a
0
ti
o.
S'
as
a+
n
0
C
C
n
s
w
'ty
1613o SOT aged
L00'
R/bI
15.Ea.
28.00
15.00.
3:1
12.00'
3/ SLOPE
sKrJrJOR
C/L
12.00'
3i SLOPE
-------:
3' BIiUMINC:US SURFACE PAVEMENT
12-MINIMUM SUBBASE
2.00.
<
acuLDER
48.0111 SUBURADE BASE
5.00'
4:1
5.00'
>
4:1
60.00.
3:1
R.• I4
NOTES:
BASE COURSE= 3/4- CRUSHED GRAVEL
SUBBASE = 2' MINUS
COMPACTION REOUIREMENT
USE LAMEST EDITION OF I.S.P.W.0
STANDARDS
STANDARD PROFILE
RESIDENTIAL STREET
< I.EC'
1613o 90I a ud
SEE CRAWRNG 106 FOR DETAILS
T
J . LA - II- -L." �
E 2020 >: z0.00..l \
pf 9.00' FROM IIC
�1�9/-�
LL!
T T T T '7
SEE DRAWING # 105 FOR DETAILS
N.
.r':i 1.11.1 n i
IJaI ES: MIN OF 7520 REQUIRED FOR
DIAGONAL PARKING
MIN. CF 50.00. REQUIRED FOR
PARALLEL_ PARKING
2021
SEE DRAWING At 107 FOR DETAILS
SEE DRAWING # 106 FOR DETAILS —
1
J
r T T T 'r
L
DRAWING # 103
STANDARD CURB & GUTTER FOR DOWNTOWN DISTRICT
ao
�z
l� ,
az
b P
b�
0
C�
a
0
Cra
0
0
a
W
b
.r,
1613o LOT a2vd
7rZ
"IN
8.00
NOTES:
BASE COURSE= 3/4' CRUSHED GRAVEL
SUBBASE= 2' MINUS
COMPACTION REOUIREMENT
USE LATEST EDITION OF [.S.P.W.C.
STANDARDS
5Z.ZO' MIN.
2/ SLOPE
B AH '
4" BITUMOUS SURFACE PAV.
2/ SLOPE
4.00" OF 3/4" CRUSHED GRAVEL
COMPACTION REOUIRED C/L
4" BASE COURSE
12"MINIMUM SUBBASE
4' CONCRETE
STD. CURB & GUTT.
SEE DRAWING TSD
FOR DETAILS
DRAWING 104
RE3 STRI-HT STA\_:ARD
��z
2
g m
a z
b O
b r n
a
< < n
a .
0
a q
a
5
c r
0
W
a
I 6 1 3 o a n a u d
4 " M 1 N .
4 , , t ,
y y y y
y y y y
�
U N I F O R M C O M P A C T
S U B G R A D E
y
� .
3 / 4 - C R U S H E D G R A V E L B A S E
C O M P A C T I O N R E O U I R E M E N T S
U S E L A T E S T E D I T I O N O F
I . S . P . W . C . S T A N D A R D S
0 1 / 4 " - 1 " S L O P S I >
0 0 0 0 0 0 0 0 0 O 0 0 0 ����
0 � 0 � 0 0 � ��0 � 0 4 1 b ��N
o � 0 � o � 0 � 0 � o � 0 � I o
" o � o �
o
o
o
S I D E W A L K W I D T H V A R I E S
H
B M 1 N .
0
0
0
� 0 0 0 l . _ 0 "
\ 7
��o � o - 6
0
0
N O T E S : 3 / 8 " R E B A R 2 ' O C T I E M A T
R E B A R T O E X T E N D T O W I T H I N 3 " O F
O U 1 E R M O S T E D G E
E X P A N S I O N J O I N T S A T 2 P J ' M I N .
E X P A N S I O N J O I N T B E T W E E N S I D E W A L K
A N D B A C K O F C U R B
T O P O F S I D E W A L K T O B E 1 / 4 " A B O V E
C U R B D R A W I N G # 1 0 5
T Y P I C A L S I D E W A L K D E T A I L
C
2'- 0'
8'.0"MIN.
►•• .��—,,,-In=tll=11:
,n=!u=1d=111 l�I={�I=11111
n=H1=III=l11=;if=l11=III=l11=lIl=1l1=III=lIl=ill°
III .II��.II .II��'ll lII� .III III !_!_II III! 111��
I II I tli III-1;11 !II ill_I +II flf-111.II III .II III fll ill tl! ill III ,i,.11 ,�, ..I°
III 111 ill ICI III ��� III-i11=iI1=T�--
3/8' REBAR T1E MAT 2' OC
STANDARD 6" CURB AND GUTTER
SEE STD. DRAWING NO. 105
MIN. OF o COMPACTED 3/4" ROAD MIX
NOTES: DIMENSION FOR I A . l
TWO WAY TRAFFIC MIN. 22.00'
ONE WAY TRAFFIC AND PRIVATE
DRIVEWAYS MIN 10.00'
3.00' MIN.
/ IAl
3.00' MIN.
C
DRAWING * 106
D�IVEInAY APPROACH
ORDINANCE NO. 615 page 109 of 191
As amended and approved for first reading by Council March 3,1994, printed March 4,1994
NOTE: Pedestrian romps to be
placed at oil intersection rack
unless otherwise noted
Sidewoll c size to 6e 4' min.
Romos shall not be in conflict
with drop :islets.
2.- 0-
6..0-MIN.
STANDARD 6-
CURB AND GUTTER
SHOWN ON 5.
SIDEWALK
PEDESTRIAN RAMPS
i
V \
r- 0-
RAMP SAME AS DRIVEWAY
APPROACH.SEE STD. DRAW #106
STANDARD 6- CURB AND GUTTER
SEE STD. DRAWING NO. 105
NOT TO SCALE
DRAWING # 107
PEDESTRIAN RAMP FOR
THE HANDICAPPED
ORDINANCE NO. 615 page 110 of 191
As amended and approved for first reading by Council March 3, 1994, printed March 4, 1994
ao
y �p�-z-.,�
g v�
gz
a
a
g n
az
b o
"
0
< v�
0
a
0
5'
oa
a'
n
0
0.
0
w
b
5'
FD
o.
4
I6I3cs Iii a ud
R/W
NOTES:
BASE CDURSE=3/4' CRUSHED GRAVEL
SUBBASE=2'M1NUS
COMPACTION REQUIREMENT
USE LATEST EDITION OF 1.S.P.W.C.
STANDARDS
4' BASE COURSE
12'MINIMUM SUBBASE
MATER 1 AL 54.00. SUBGRADE BASE
STANDARD PROFILE
ARTERIAL STREET
( GRAVELED RDAfJ I
DRAWING x 120
R/W
v0
�z
a
aA.
a Z
b 0
b rn
<�
0
a
='
cm
cr
r)
0
C
C
ny
a
5
w
0
a
R/W
20.00'
<- -
><
2E3.00'.
12.00'
4-BASE COURSE
12'MINIMUM
SUBBASE MATERIAL
12.00'
48.00 SUBGRADE BASE
><
20.00'
5.0 5.S
�0.00'
R/W
Log
NOTES:
BASE COURSE= 3/4' CRUSHED GRAVEL
SUBBASE= 2' MINUS
COMPACTION REOUIREMENT
USE LATEST EDITION OF I.S.P.W.C.
STANDARDS
STANDARD PROFILE
COLLECTOR STREET
GAVEL STREET
DRAWING # 121
a0
d
Cz
a
a
w .
0
�z
bo
b a,
o�
0
a
0
5'
oc
n
0
G
n0.
a
w
'b
='
0
C.
C9
1613o £I I a2gd
R/W
1.e0•
NOTES:
15.80'
28.00.
15.00'
3:1
<2.00 12.00'
SECLUER
4-BASE COURSE
12"MINIMUM
C/L
X
12.00'
2.00' 5.00' 5.00'
x X X }
SUBBASE MATERIAL •
48.00. SUBGRADE BASE
6Z.00'
R/W
BASE COURSE= 3/4" CRUSHED ROCK
SUBBASE= 2- MINUS
COMPACTION REOUIRED
USE LATEST EDITION OF I.S.P.W.C.
STANDARDS
STANDARD PROFILE
RESIDENTIAL STREET
(GAVELED sr�EET�
DRAWING 122
i
3-21-270. SUBDIVISION AGREEMENT AND SECURITY FOR COMPLETION OF
IMPROVEMENT REQUIREMENTS. All provisions of this Section 3-21-270, and of Sections 3-
21-280 and 3-21-290 are mandatory, and may not be altered by a subdivision agreement. The
obligations contained in these three sections shall be enforceable by methods of enforcement of
ordinances, as well as under the law respecting contracts; the doctrine of election of remedies shall
have no application.
(A) Subdivision Agreement Required.
1. Before a final plat for a subdivision is either approved or recorded, the subdivider
shall enter into a subdivision agreement with the City in accord with this Section.
2. Application for a subdivision agreement shall be made to the Administrator. The
application shall include a copy of the preliminary plat, a tentative schedule of all
proposed construction of public improvements and utilities, and an engineer's
estimate of the cost of each required public improvement. The City may require a
showing of the subdivider's financial responsibility.
3. Except as provided in paragraph 4. below, the subdivision agreement shall include,
but need not be limited to, the following provisions:
(a) a designation of the public and private improvements required to be constructed;
(b) the construction and inspection requirements of the City or utility for which
or in whose interest the improvements are constructed or standards for them
prescribed;
(c) the time schedule for completing the improvements;
(d) the required guaranty;
(e) a schedule for any payments required under this Chapter;
(0 the allocation, if any, of costs between the City and the subdivider for
required public improvements;
(g) the warranty required;
(h) the consent of the subdivider for the ownership of public improvements to
vest in the City upon final acceptance by the City;
(i) a warranty that the subdivider has title to the land within the plat and the
authority to execute the subdivision agreement;
where the subdivision is within the floodway defined by Chapter 18, the
agreement must require the subdivider to submit certification of flood proofing,
information on the elevation of the lowest habitable floor and information on the
elevation to which the structure is flood proof, for each building to be
constructed as part of the subdivision agreement;
(k) a provision requiring the subdivider to submit plans, specifications,
descriptions of work, the limits of the work area, the methods to be
employed, a traffic control plan, and any other pertinent data and
information necessary for the City to evaluate the proposed installation;
(1) a provision that all work shall be performed pursuant to the City of McCall
Standard Specification, latest edition, if any, and if none exists, then the
Construction Specifications and Standards for Roads and Streets in Valley
County, Idaho, the Idaho Public Water Supply Standards, and the applicable
Uniform Codes adopted in Title II.
4. If the subdivider elects to complete and obtain acceptance of all required public
improvements before the approval or filing of a final plat for the subdivision, the
subdivision agreement need not include the provisions specified in paragraphs (c)
and (d) of paragraph 3. of this subsection (A).
G)
ORDINANCE NO.615 page 114 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
5 . City Council approval shall be required to enter into those subdivision agreements
where City participation in the cost of improvements is estimated to exceed $5,000
or is unbudgeted. The City shall reserve the right to extend the period of
construction for a year.
(B) Guarantee of completion of public improvements:
1. Guarantee. To assure the installation of required public improvements which are not
accepted at the time the final plat is filed, the subdivision agreement shall require the
subdivider to guarantee the completion of all such improvements by one or more of
the methods specified below. The means of a guarantee may be changed during the
guarantee period through a written modification of the agreement. The amount of
the guarantee shall be determined on the basis of the subdivider's cost estimates
supported by engineering estimates. The guarantee shall remain in effect until final
acceptance of the public improvements and the posting of an acceptable security for
the warranty period.
2. Cost estimates. The engineer's cost estimate provided for in this Chapter shall state
the estimated cost of completion for each required public improvement. Cost
estimates for each required public improvement must be approved by the
Administrator. For purposes of establishing the amount necessary for the guarantee
of completion of public improvements, a percentage for overrun allowance shall be
added to the total estimated cost of public improvements as follows:
Total Estimated Cost Percent for Overrun
of Improvements Allowance
$0 - $500,000 20%
$500,001 - $1,000,000 15%
$1,000,001 and over 10%
(C) Methods of Public Improvement Guarantee. The subdivision agreement shall include one
or more of the following methods to guarantee the construction of required public
improvements and substantial private amenities material to the approval of the development;
the actual documents also must be acceptable to the City Attorney and City Treasurer:
1. Performance bond. The subdivider may elect to provide a surety bond from a
company authorized to do such business in the State of Idaho. The bond shall be in
an amount equal to the estimated cost of all required public improvements plus an
overrun allowance as provided above. The bond shall be payable to the City in the
event that any required public improvements are not finally accepted in accordance
with the provisions of this Title and shall be posted by no person other than the
subdivider.
2. Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the
equal to the estimated cost of all required public improvements plus an overrun
allowance as provided above, either with the City or in escrow with a responsible
financial institution authorized to do such business in Idaho. In the case of an
escrow account the subdivider shall file with the City an escrow agreement which
includes the following terms:
(a) Funds of the escrow account shall be held in trust until released by the City and
may not be used or pledged by the subdivider as security in any manner during
that period other than as provided in this paragraph (a). The funds may be used
for payment of improvements as made, except that the escrow holder shall
withhold from disbursement so much of the funds as is estimated by the City to
be necessary to complete the construction and installation of such improve-
ments, plus an overrun allowance as provided above.
ORDINANCE NO.615 page 115 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
(b) In the case of the failure of the subdivider to complete any improvement
within the required time period, the institution shall immediately make all
funds in such account available to the City for use in the completion of those
improvements.
3. Letter of credit. The subdivider may elect to provide from a bank or other
responsible financial institution authorized to do such business in Idaho an
irrevocable letter of credit. Such letter shall be filed with the City and shall certify
the following:
(a) That the creditor irrevocably guarantees funds in an amount equal to the
estimated cost of all required public improvements plus an overrun
allowance as provided above;
(b) That in the case of the failure of the subdivider to complete any
improvement within the required time period, the creditor shall pay to the
City immediately and without further action such funds as are estimated to
be necessary to complete the construction and installation of such
improvements, plus an overrun allowance as provided above, up to the limit
of credit stated in the letter.
3-21-280. NOTICE OF CONSTRUCTION. The subdivider shall give the Director of Public
Works two days advance notice of commencement of construction of each of the improvements to
be dedicated to the public and secure a permit from the Director of Public Works for such work.
3-21-290. RELEASE OF SECURITY; WARRANTY; DEFAULT.
(A) It is contemplated that the amount of security required from time to time will be
redetermined on the basis of work completed and accepted, and current engineering
estimates of the cost of completion of work not completed or not accepted. The good faith
judgment of the Administrator in this regard shall be conclusive. The City shall release the
obligation for performance guarantees as to each public improvement upon the final
acceptance of the improvement, together with the posting of adequate security for warranty.
The City may refuse to release the obligation for any particular public improvement if the
subdivider is in present or imminent default in whole or part on the completion of any other
public improvement or warranty covered by the subdivision agreement.
(B) Warranty.
1. The subdivider shall warrant and guarantee that required public improvements
constructed under the agreement will remain in good condition and meet operating
needs for two years, commencing with final acceptance of each public improvement
when it is completed. Such warranty includes defects in design, workmanship,
materials and any damage to improvements caused by the subdivider, the
subdivider's agents or others engaged in work to be performed under the
subdivision agreement. The subdivider shall not be responsible for cleaning, snow
removal, ditching, grading, dust control or similar maintenance activities after final
acceptance and during the warranty period, except as may be inherently the
responsibility of the land owner in an area or on a street where such services are not
provided by the public.
2. To secure the warranty, the guarantee of performance provided above in this
Section shall remain in effect until:
(a) The end of the warranty period; or
(b) the subdivider furnishes the City with a corporate surety bond, cash deposit
or letter of credit in an amount equal to a percent of the total construction
costs as set forth below. This security shall guarantee the payment of any
ORDINANCE NO.615 page 116 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
reconstruction or repair costs which may be undertaken due to failures
occurring during the warranty period. Responsibility and authority for
identifying the necessity of repairs or reconstruction shall rest with the City:
Total Construction Percent to Secure
Cost Warranty
$0 - $500,000 10%
$500,001 - $1,000,000 7 1/2%
$1,000,001 and over 5%
(C) Correction of Deficiencies. Within thirty days (or a reasonable extension at the sole
discretion of the Administrator) of notification by the City of the need for repair or
reconstruction, the subdivider shall correct the deficiencies to the satisfaction of the City.
Such notification shall be made by certified mail, return receipt requested If the subdivider
fails or refuses to repair or reconstruct the deficiency within the time specified above, the
City will make the repair at the subdivider's sole expense. The City may then bill the
subdivider for the cost of the repair, or declare the bond or deposit forfeited, or make
demand on the letter of credit.
Release of Warranty. Inspection will be made by the City at the end of the warranty period
and prior to the release of guarantees. All deficiencies shall be corrected prior to release of
the warranty security. Upon satisfactory correction of all deficiencies, the City will release
the remaining security.
Default. In the event that the subdivider defaults on any obligation to construct required
public improvements or the obligation to warrant and repair such improvements, the City
may demand immediate payment on the performance or warranty guarantee. The City may
demand immediate payment of that portion of all sums obligated for the performance or
warranty of any improvement which in the judgment of the Administrator is necessary. All
funds received by the City shall be used for any construction, repair or reconstruction
necessary to ensure:
1. That all required public improvements are built to specifications necessary to receive
final acceptance; and
2. The improvements remain in good condition for the completion of the warranty period.
The City may use guarantee funds for the construction, repair, reconstruction, or
maintenance of require public improvements from the date of initial default until three
years after the funds have become available to the City for such use, except that no use
shall be made of the funds later than two years after satisfactory completion and final
acceptance of the work. Following either (a) the final acceptance of all public
improvements and posting of the warranty security, or (b) successful completion of the
warranty period, or (c) the three year period provided for immediately above, the City
shall pay to the subdivider all guarantee funds which were not used or obligated for the
completion of the improvements; payment may be by a check payable jointly to the
subdivider and the subdivider's guarantor.
3-21-300. PROCEDURE FOR APPROVAL FOR STREET DEDICATIONS OTHER
THAN BY SUBDIVISION - GRANT OF RIGHTS -OF -WAY EASEMENTS.
(A) Any person wishing to dedicate a street, right-of-way or easement for the benefit of the
public within the City , shall complete and file with the Administrator an "Application for
Dedication of Street", or grant of right-of-way easement.
(B) Upon receipt of the completed application and such other information as the Administrator
may require, the Administrator shall place the application on the agenda of the Commission
to be considered at its next regular meeting. The application shall be subject to the same
time limits prescribed for preliminary plat application.
(D)
(E)
ORDINANCE NO.615 page 117 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(C) The Commission shall review the proposed dedication for conformance with the
Comprehensive Plan and shall consider its relationship to all existing and proposed streets
and other developments.
(D) Improvement plans shall be in conformance with City specifications for roads and streets
and shall be subject to the approval of the Director of Public Works of the City.
The Commission shall make recommendations concerning the application to the Council
who may accept or reject the proposed dedication and improvements. The Council may
condition acceptance upon execution of a secured construction agreement in form and
substance identical to a subdivision agreement, but for its limited scope.
(F) Where the Council accepts a dedication of land, such acceptance shall be noted in the
official minute book of the Council, and a deed describing and conveying such lands to the
City or County for right-of-way or other purposes shall be filed with the County Recorder
by the applicant.
(G) For lands in the Impact Area, recommendations under Subsection (E) are to, and final
actions under Subsections (E) and (F) are by, the Board.
3-21-310. PROCEDURE FOR APPROVAL OF VACATION OF PLATS, PORTIONS
THEREOF, PUBLIC RIGHTS -OF -WAY, OR EASEMENTS;
(A) An applicant wishing to vacate an existing subdivision, portion thereof, pubic right-of-
way, or easement shall complete and file with the Administrator an "Application for total or
partial vacation of an existing subdivision or other public right-of-way". This action shall
be supplemental to, and in no way in conflict with, the applicant's obligation to comply
with the provisions contained in Sections 50-1317, et. seq. of the Idaho Code respecting
vacations.
(B) Upon receipt of the completed application, the Administrator shall place it on the agenda of
the Commission to be considered at its next available, regular meeting, subject to the same
time limits prescribed for preliminary plat applications. If the application is for roads or
easements located in the Impact area, the applicant should also be referred to the Valley
County Engineer.
(C) The Commission shall review the proposed vacation with regard to present and future
development of the neighborhood. The Commission shall also take into consideration the
interests of adjacent property owners, of utilities, and of various public agencies where
pertinent to the application.
(D) Procedures for the handling of the proposed vacation are set forth in Chapter 32 of this Title.
(E) The City, and for land outside the City limits, the County may approve, deny or modify the
application, and shall record its action in the official minute book of the meetings of the
Council or Board. Vacation shall be subject to the preparation and filing of a suitable replat.
Whenever public rights -of -way or lands are vacated, the Council or Board shall provide
adjacent property owners with a Quitclaim Deed for said vacated rights -of -way in such
proportions as are prescribed by laws.
3-21-320. INTERPRETATION.
(A) It shall be the duty of the Commission to rule on the meaning, spirit and intent of the
provisions of these regulations as is necessary for the administration thereof.
(B) The provisions herein shall apply to all plats filed for Commission approval after March 24,
1994. Preliminary plats approved prior to March 24, 1994 but not filed for final approval
within one year shall be void.
(E)
ORDINANCE NO.615 page 118 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 22
PLANNED UNIT DEVELOPMENT
SECTION:
3-22-010. Planned Unit Development - Planned Community
3-22-100. Planned Unit Development - PUD
3-22-200. Planned Unit Development - Planned Development
3-22-300. General Provisions for Impact Area
3-22-010. PLANNED UNIT DEVELOPMENT - PLANNED COMMUNITY. The
following statement of intent and use regulations shall apply to the Planned Community (PC):
(A) The PAC is intended to provide a system of land use regulations for large tracts of land
which are under unified ownership or development control. The purpose of the PC is to
provide for and allow flexibility in the selection of land use controls for the specific site
proposed for PC, while protecting the public health, safety and welfare by insuring that the
development will be consistent with the Comprehensive Plan and the holding capacity of
the land. A PC approval establishes the design and character of the development permitted
within the PC by specifying certain land use controls as part of the approval process. The
design and character of the permitted development are determined in accordance with an
approved master development plan. Any use or conditional use may be permitted in a PC,
as provided in the approval establishing a particular PC. Any use not permitted by the
approval is prohibited. After a particular parcel has been designated as a PC, development
area plans consistent with the master development plan must be proposed and obtain
approval before any development of the parcel may be undertaken. Actual development of
the parcel may be incremental, but must be in accordance with the approved development
area plans. Implementation of the approved development area plans can, for example,
involve subdivisions, or Planned Unit Developments. A PC may be proposed in
conjunction with an application for an amendment to the Zoning Map.
(B) Eligibility for PC. To be eligible for approval of a PC, the tract of land must equal or
exceed 100 acres in size, and must be proposed for development involving either or both of
a mixture of housing types or uses. The general development plan must propose or offer
something more than can be accomplished by simple rezonings of various portions of the
parcel, and be of a scope and have an intent which makes it objectively both unrealistic and
unnecessary to require approval at the outset of building designs. Approval shall be
according to the procedures applicable to a conditional use, but with the standards and
authorities set out in this section.
(C) Mandatory concept review.
1. concept conference. The purpose of the concept conference is to:
(a) provide an opportunity for the proponents of a PC approval for a particular
parcel of property to explain the concept of their development to city staff;
(b) permit city staff to explain to the developer the requirements of city land use
laws, the potential impacts of currently adopted plans, and the opportunities
and constraints arising from the current city utility and transportation
facilities and plans; and
(c) permit city staff to outline the concerns of the city about potential hazards
inherent in the development of wetlands, steep slopes and hazard areas, and
about conserving marginal lands and open spaces with environmental value.
ORDINANCE NO.615 page 119 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
2, mandatory submittal requirements for concept conference:
(a) written documents:
(1) legal description and a drawing of the site, which drawing should be
a survey, if an existing survey is available, and if not, a site drawing
from some other existing resource such as the 500 scale maps
presently available for much of the Planning Jurisdiction.
(2) goals and objectives of the development.
(3) an explanation of any unique features of the area proposed for PC
approval.
(b) conceptual drawings and supporting maps assembled by applicant:
(1) topography according to existing USGS, SCS or other available
resource mapping;
(2) water features according to existing USGS, SCS or other available
resource mapping;
(3) existing vegetation according to existing USGS, SCS or other
available resource mapping;
(4) generalized location of known existing facilities and structures that
may constrain development, such as buildings, water lines, sewage
system, utility easements of record or in use, excavations, bridges,
culverts, storm drain systems, natural drainage ways, and wells;
(5) generalized location of access to and within the site, including roads,
peripheral roads, trails, and sidewalks;
(6) a generalized depiction of the area surrounding the proposed PC
within 300 feet;
(7) soils and surface geology to extent available from existing SCS
mapping.
3. the conference. The Administrator and such other city staff as may be directed by
the City to participate will review the concept submittal with the applicant, and offer
comments and information which they deem appropriate for the guidance of the
applicant in the further development of the proposal.
(D) Mandatory pre -application review.
1, pre application conference. The purpose of the pre -application conference is to:
(a) provide an opportunity for the proponents of a PC approval for a particular
parcel of property to explain the concept of their development to city staff as
modified and refined since the concept conference;
(b) permit city staff to explain to the developer the requirements of city land use
laws and the potential impacts of currently adopted plans, as to the modified
and refined plans; and
(c) permit city staff to outline the concerns of the city about potential hazards
inherent in the development of wetlands, steep slopes and hazard areas, and
about conserving marginal lands and open spaces with environmental value,
as to the modified and refined plans.
2. mandatory submittal requirements for pre -application conference:
(a) written documents:
(1) legal description.
(2) a to -scale drawing of the tract, and a vicinity map to scale showing
ORDINANCE NO.615 page 120 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
relevant transportation facilities, relevant utility alignments, and
other development in the vicinity. Other development may be
shown in the form of existing parcels; it shall not be necessary to
show what is built, if anything, on those existing parcels.
(3) goals and objectives of the development.
(4) an explanation of any unique features of the area proposed for PC
approval.
(b) preliminary drawings and supporting maps, including existing site
conditions maps prepared by appropriate professionals showing:
(1) topography showing contour lines at intervals of 10 feet or less, or
at such lesser interval as was requested at time of concept review by
the City with respect to street alignments, and the like;
(2) water features showing the location of rivers, streams, lakes,
wetlands and drainage courses including location of floodplain
areas;
(3) existing vegetation showing stands of trees and shrubs, ground
cover and description thereof;
(4) location of known and existing facilities and structures such as
buildings, water lines, sewage system, utility easements of record or
in use, excavations, bridges, culverts, storm drain systems, natural
drainage ways, and wells;
(5) access to and within the site, including roads, peripheral roads,
trails, and sidewalks;
(6) a depiction of the area surrounding the proposed PC within 300 feet;
(7) soils and surface geology.
3. pre -application conference comments. The appropriate City departments will review
the pre -application submittal materials and provide written comments through the
Administrator to the applicant not more than 30 days after the date of the conference.
The comments will advise the applicant on the consistency of the proposal with the
intent of this Section and with adopted City laws, plans, and regulations, and on the
compatibility of the proposed development with the surrounding areas.
(C) Master development plan -- standards.
1. The master development plan shall establish for the PC general development
standards for the following:
(a) the location within the parcel of the development areas, and the uses to be
permitted in each;
(b) the total number of dwelling units in each development area;
(c) the total amount of commercial, industrial, and office floor area, if any, in
each development area;
(d) principal drainage systems or drainage requirements;
(e) principal circulation elements;
(0 open space, and seasonal maintenance of open space;
(g) public facilities (school, playgrounds, fire stations, etc.); and
(h) such other requirements as may be applicable to the establishment of the
particular PC.
2. The master development plan shall establish for each development area basic
ORDINANCE NO.615 page 121 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
(D)
development standards including, but not limited to:
(a) permitted, accessory, and conditional uses;
(b) minimum lot size;
(c) minimum yard requirements;
(d) maximum lot coverage;
(e) maximum height of structures;
(0 signs;
(g) parking;
(h) loading;
(i) open space and landscaping;
(j) circulation, vehicular and pedestrian;
(k) the total number of dwelling units and the total gross area of commercial and
of industrial structures.
3. The development standards may be established by setting forth for each use
category specific standards or by making reference to existing use district standards
for the underlying zoning district. If standards are not specified, the underlying
zone standards shall apply.
4. When the master plan has been approved, the developer shall report to the
Administrator and to the Public Works Director when construction under the master
plan will begin, and a general estimate of the time construction will be completed.
5. The Administrator may request periodic reports on the progress of construction
under the master plan from the developer, and shall report any failure to respond to
the Commission.
Development area plans. "Development areas" are portions of the property within the PC
which are designated in the master development plan for a particular use. Before
development can take place in those areas, specific development area plans must be
proposed and approved. Approval of development area plans may be obtained under any
of the following procedures:
1. conventional subdivision;
2. cluster development;
3. planned unit development - PUD; and planned development;
4. approval of a conditional use permitted under the particular PC approval.
(E) Land clearing.
1. No building or other structure shall be constructed or placed on the property and no
existing vegetation on the property shall be cleared or otherwise disturbed except
where depicted on and in accordance with an approved master development plan
and development area plan; provided that the Administrator may approve specific,
limited clearing of vegetation for utility placements, access road construction, soil
testing, well drilling, surveying, or for the collection of other data necessary for
plan approvals when in the Administrator's opinion, it does not circumvent the
intent of this Section.
ORDINANCE NO.615 page 122 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
2. The developer of the PC shall notify the Administrator prior to any land clearing for
an area greater than 2,500 square feet. Notice shall be given seven days in advance
of the land clearing and shall unambiguously identify the location of the land
clearing.
(F) Amendment of an approved planned community.
1. Approval by the Council of an amendment to an approval of a planned community
is required for the following amendments of a master development plan or a
development area plan:
(a) any increase in the total number of authorized dwelling units;
(b) any decrease in the total open space acreage;
(c) any increase in the total gross building area of commercial or of industrial
structures;
(d) any addition or deletion of any permitted principal use, conditional use, or
accessory use;
(e) any changes in the development standards for an individual development
area;
(0 any density transfer that will result in a 25% or greater cumulative increase
or decrease in the number of dwelling units in any development area;
(g) any change in the acreage of a development area equal to or more than 25%
of the total acreage of the original approved development area.
2. Approval by the Commission is required for the following amendments of the
master development plan:
(a) any transfer of density between development areas that will result in a
cumulative increase or decrease of more than 10% but less than 25% in the
number of dwelling units in any development area according to the original
approval;
(b) any change in the acreage of a development area of more than 10% but less
than 25% of the total acreage of the original approved development area.
3. Approval by the Administrator is required for the following amendments of the
master development plan of a PC:
(a) any transfer of density between development areas that will result in a
cumulative increase or decrease of 10% or less in the number of dwelling
units in any development area according to the original approval;
(b) any change in the acreage of a development area of 10% or less of the total
acreage of the original approved development area.
4. All decisions of the Commission and of the Administrator on master plan
amendments shall be final unless appealed by the applicant or a party in interest
within 15 days:
(a) to the Council from a decision of the Commission; the Council shall grant or
deny the appeal by resolution.
(b) to the Commission from a decision of the Administrator; an appeal to the
Commission shall be treated as an original application for the amendment.
(G) Identification of a planned community -- zoning map.
1. Any PC shall be identified on the zoning map by the letters 'PC" followed by the
date of the approval thereof by the Council. Any resolution amending a PC shall
also be referenced on the zoning map by resolution number.
2. Amendments to the PC approved by the Commission shall be referenced on the
ORDINANCE NO.615 page 123 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
zoning map by Commission resolution number.
3. Amendments to the PC approved by the Administrator shall be referenced on the
zoning map by date as illustrated: ADM (5/20/93).
3-22-100. PLANNED UNIT DEVELOPMENT - PUD
(A) The purpose of the Planned Unit Development is to provide opportunities to create more
desirable environments through the application of flexible and diversified land development
standards using a comprehensive development program. The Planned Unit Development
conditional use 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 achieved economics
in land development, maintenance, street systems and utility networks while providing
usable and attractive open spaces, safe circulation and community oriented living and
working environment. It is not intended merely to permit increased densities. A Planned
Unit Development may be used in any zoning district, except the Navigable Waters Zone.
Outside of the Navigable Waters Zone, proposals for commercial docks and marinas, boat
landings, ramps and outdoor amusement facilities shall be addressed through the Planned
Development process outlined in Section 3-22-200.
(B) Procedure and Submittal Requirements.
1. Preliminary Development Plan and Program.
(a). The applicant shall submit a Preliminary Development Plan and Program to
the Planning Commission for an approval in principle. Such presentation
must consist of the preliminary plan in schematic fashion and a written
program containing the following elements; if they are lacking, the
Administrator in consultation with the City Attorney may reject the
application as incomplete:
(1) Plan Elements:
a. Proposed land uses and densities.
b. Building types and intensities.
c. Circulation pattern.
d. Parks, playground, open spaces.
e. Existing natural features.
(2) Program Elements:
a. A market analysis of the proposed use.
b. Proposed ownership scheme.
c. Operation and maintenance responsibility.
d. Waste disposal facilities.
e. Lighting.
f. Water Supply.
g. Public transportation
h. Community facilities, e.g. schools, libraries, fire protection
and shopping.
i. General timetable of development
ORDINANCE NO.615 page 124 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
j•
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
persons with necessary qualifications including an architect
and an engineer; and also as necessary an urban planner, a
landscape architect, a designer, and an attorney, or other
similar professionals or technicians.
(b) The Planning Commission shall informally review the preliminary
development plan and program at a regular meeting and may act to grant
preliminary approval, with recommended modifications or denial. Such
action shall be based upon the comprehensive plan, the standards of Title III
of the City Code and other regulations and the suitability of the proposed
development in relation to the character of the area.
(c) Approval in principle of the preliminary development plan and program
shall be limited to the preliminary acceptability of the land uses proposed
and their interrelationships, 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
3-22-020 (B) to be submitted with the general development plan and
program.
(d) The Planning Commission shall review and may recommend additions or
modifications in the proposed design team for the preparation of the general
development plan and program.
(e) The Planning Commission shall determine the extent of any additional
market analysis to be included in the general development plan and
program.
2. General Development Plan and Program.
(a) After receiving approval of the preliminary plan, the applicant shall have a
general development plan prepared by the professional design team.
(b) Upon receipt of the general development plan, which shall include all
information required for the preliminary plan and all information listed
below in this paragraph 2., the Planning Commission shall hold at least one
public hearing, pursuant to 3-32-030, Conduct of Hearings.
(1) Plan Elements
a. General development plan in conformance with the approved
preliminary plan.
b. Existing and proposed topographical map or maps of the site
to a scale commensurate with the size of the development.
c. Location, widths and names of all existing or platted streets
or other public ways, railroad and utility rights of way,
easements, parks, or other public open spaces and land uses
within 500 feet of the boundaries of the development.
d. Existing sewers, water mains, and other underground
facilities within and adjacent to the development and their
certified capacities.
e. Proposed sewers or other disposal facilities, water mains
and other underground utilities.
ORDINANCE NO.615 page 125 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
f. A preliminary subdivision plan if the plan proposes
subdividing the property.
g. A land use plan indicating the uses proposed in the development.
h. Areas proposed to be dedicated or reserved for interior
circulation, public or private parks and playgrounds, school
sites, public buildings or other uses dedicated or reserved to
the public, if any, including a calculation of the square
footage of such parks and playgrounds divided by the
number of dwellings within the development.
i. Open space that is to be maintained and controlled by the
owners of the property and the proposed uses thereof.
A traffic flow map showing the circulation pattern within and
adjacent to the proposed development, with estimated daily
traffic counts for present and proposed uses.
k. Location and dimensions of pedestrian walkways, malls,
trails or easements.
1. Location, arrangement, number and dimensions of
automobile garages and parking spaces, width of aisles,
bays and angle of parking.
m. Location, arrangements and dimensions of truck loading and
unloading spaces and docks, if any.
n. Proposed architectural plans and elevations of typical
buildings and structures, indicating the general height, bulk,
appearance and number of dwelling units.
o. A proposed landscaping plan including areas of ground cover
and approximate finished grades, slopes, banks, and ditches.
Trees to be removed by development shall be so marked.
p. The approximate location, height and materials of all walls,
fences and screen plantings. Elevation drawings of typical
walls and fences shall be included.
The phases, if any, of the development construction. Such
phases shall be clearly marked on the general development
plan.
(2) If the general development plan indicates that the applicant has
chosen to develop the site in successive phases as authorized in
Section 3-22-030(H), the applicant shall submit a general overall
plan and specific plans for each phase at least 180 days prior to
proposed development of that phase.
(3) Program Elements:
a. Narrative statement of the goals and objectives of the
planned development.
b. A completed market analysis.
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 types, off-street
parking, streets, parks, playgrounds, schools and open spaces as
shown on the proposed development plan.
5) Tables showing the overall density of the proposed residential
j•
q•
ORDINANCE NO.615 page 126 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
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, including without limitation
homeowners' or condominium association documents.
7) If the proposed development includes dwelling units which will be
sold as condominium or townhouse units, a letter from a bank or
other institutional lender that permanent financing for the purchase
of such units is available on the basis of the documentation which
the developer intends to use.
3 . Action and Findings
(a). The Planning Commission, after public hearing may, by resolution,
recommend to the Council approval of the planned unit development plan,
with or without conditions such as modifications, or may deny the
application. A decision to recommend approval of a planned unit
development shall be based upon the following findings:
(1) That the design and amenities incorporated in the development plan
and program are consistent with the Comprehensive Plan.
(2) That the proposal is in harmony with the surrounding area or its
likely future use.
(3) That the system of ownership will support the proposed
development.
(4) That the development will have a beneficial effect on the Planning
Jurisdiction.
(5) That the proposed development, or a phase thereof, can be
substantially completed within four years of the approval.
4. Final Plan and Program.
(a) Following an approval of the planned unit development by the Council, the
applicant shall prepare a final plan which shall be submitted to the Planning
Commission to confirm compliance with the approved general development
plan and the conditions of its approval.
(b) If the final plan is found to be in compliance, it shall be so certified by the
Planning Commission and recorded by the applicant in the office of the City
Clerk and the Office of the Recorder of the Valley County as the final
development plan along with all documents relating to dedications,
improvements, agreements, restrictions and associations which shall
constitute the final development plan.
(c) All public site dedications, development rights to open space or other
dedications for the entire site or approved phase shall be recorded prior to
the issuance of any building permit, or upon an enforceable timetable
adopted by the Council.
(d) Final copies of all documents governing operation and maintenance shall be
placed on file with the Planning Commission prior to the issuance of any
building permit, or upon an enforceable timetable adopted by the Planning
Commission.
(e) The City Council, upon recommendation of the Planning Commission that
the Final Plan and program and all other required documents have been
ORDINANCE NO.615 page 127 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
received and are in compliance with the approvals shall approve the Final
Plan and authorize signatures. (Ord 436, 8-10-81)
(C) Development Standards.
1. Application of Standards. In cases of conflict between standards of an underlying
district and the planned unit development, the standards for planned unit
developments shall apply.
2. Compatibility with Neighborhood. Peripheral yards of a planned unit development
site shall be at least as deep as those required by the yard regulations of the
underlying district unless the Planning Commission finds that equal protection will
be accorded by requiring special features in the approved development plan.
3. Open Space.
(a) Open space in a planned unit development means the land area to be used
for scenic, landscaping or open recreational purposes within the
development. It shall not include street rights of way, driveways or open
parking area.
(b) 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.
(c) To the maximum extent possible, the plan and program shall assure that
natural features of the land are preserved.
(d) 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 City may at its option cause such maintenance to
be done and assess the costs to the affected property owners.
(e) The final development plan shall provide for preservation and maintenance
of open space through conveyance to an association of the unit owners with
the power and obligation to fund and manage maintenance.
4. Density. In order to preserve the integrity of the comprehensive plan, the character
and general welfare of the neighborhood or area in relationship 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 zone or zones in which the planned development
is located. 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 20% of the remainder.
(b) A greater number of dwelling units may be permitted by the Planning
Commission in the event the applicant offers very substantial amenities such
that the proposed development will provide a significant improvement in
quality of living experience over that guaranteed by the underlying zone, for
partial example, by providing common facilities such as day care,
swimming pools, tennis courts, and recreational buildings; extensive water
amenities or landscaping; and thus viewsheds, that differ markedly and
favorably from the experience in ordinary subdivisions.
ORDINANCE NO.615 page 128 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(c) If the proposed site for the planned unit development lies within the Payette
Lakes Water and Sewer District, the density of the proposed development
shall be no more than that permitted by the district for that particular area.
5. Subdivision Lot Sizes. Minimum area, width, depth and frontage requirements for
subdivision lots in a planned development may be less than the minimums specified
in an underlying zone and the density standards of this Section, if the balance of the
total tract area is devoted to open space.
6. Phasing
(a) The applicant may elect to develop the site in successive phases in a manner
indicated in the general development plan and program. Each such phase
shall be substantially complete within itself.
(b) The Planning Commission may require that development be done in phases
if public facilities are not adequate to service the entire development initially.
(D) Permitted Uses. Permitted uses include anything not specifically prohibited within this
Title.
(E) Security. The construction of all on -site and off -site roads, drainage, utilities, open
spaces, playgrounds, landscaping, and other community amenities and facilities associated
with the Planned Unit Development shall be provided for by a Development Agreement
similar in form and content to a subdivision agreement, and its performance secured in the
same fashion as a subdivision agreement.
(F) Changes and Modifications.
1. Major Changes. Changes in 20% or more of the overall area in, or of the overall
number of dwelling units in, the general development plan after it has been adopted
shall require approval as for a new petition and shall be made in accordance with the
procedures specified in this Chapter.
2. Minor Changes. Changes in less than 20% of the overall area in, or of the overall
number of dwelling units in, the general development plan may be approved by the
Planning Commission, provided that such changes:
(a) Do not increase the densities.
(b) Do not substantially alter the balance of uses.
(c) Do not change the location or amount of land devoted to special land uses.
3. All limitations of Subsections 3-22-050(A) and (B) above may be relaxed if the
changes do not appreciably alter the general concept, continuity and
comprehensiveness of the general development plan and program, nor increase the
demand on public utilities and services.
(G) Expiration.
1. In January of each year, or until the project is complete, the applicants or
applicants' successors, shall file a progress report. If substantial construction or
development has not taken place within four years from the date of approval of the
General Development Plan and Program, the Planning Commission shall review the
planned unit development designation 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 Council that the planned unit development conditional
use permit be revoked.
2. After action by the Planning Commission, the Council shall consider the matter and
by resolution accept or reject it or return it to the Planning Commission for further
action. Notice and hearing shall be provided according to the same procedures as
are then applicable to a new application for a conditional use, with the present
ORDINANCE NO. 615 page 129 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
owner of the property being sent notice by certified mail, return receipt requested;
the City is entitled to rely on the County tax assessor's records and a title company
title search for the name and address of the current owner(s). (Ord. 387, 7-2-79).
3-22-200. PLANNED UNIT DEVELOPMENT - PLANNED DEVELOPMENT. The
following statement of intent and use regulations shall apply to the Planned Development (PD):
(A) The PD is intended to provide a system of land use regulations for smaller tracts of land
which are under unified ownership or development control, and where the development is
intended to be fully constructed in a single sequence over two or fewer years. The purpose
of the PD is to provide for and allow flexibility in the selection of land use controls for the
specific site proposed for PD, while protecting the public health, safety and welfare by
insuring that the development will be consistent with the Comprehensive Plan and the
holding capacity of the land. A PD approval establishes the design and character of the
development permitted within the PD by specifying certain land use controls as part of the
approval process. The design and character of the permitted development are determined in
accordance with an approved master development plan. The PD process may be used to
implement a mixture of uses or conditional uses, each of which uses or conditional uses is
available in the underlying zone, with design review as provided in the approval
establishing a particular PD. Any use not permitted by the approval is prohibited. A PD
may be proposed in conjunction with an application for an amendment to the Zoning Map.
(B) Eligibility for PD. To be eligible for approval of a PD, the tract of land must be five acres
or less in size (or be within the Shoreline and Rivers Environs District) and be proposed for
development involving a mixture of housing types or uses. If sought by the applicant, as
opposed to being required of the applicant, the development plan must propose or offer
something more than can be accomplished by simple rezoning of the parcel, and be of a
scope which makes it objectively realistic to require approval at the outset of building
designs and site plan.
(C) Mandatory concept review.
1. concept conference. The purpose of the concept conference is to:
(a) provide an opportunity for the proponents of a PD approval for a particular
parcel of property to explain the concept of their development to city staff;
(b) permit city staff to explain to the developer the requirements of city land use
laws, the potential impacts of currently adopted plans, and the opportunities
and constraints arising from the current city utility and transportation
facilities and plans; and
(c) permit city staff to outline the concerns of the city about potential hazards
inherent in the development of wetlands, steep slopes and hazard areas, and
about conserving marginal lands and open spaces with environmental value.
2. mandatory submittal requirements for pre -application conference:
(a) written documents:
(1) legal description and a drawing of the site, which drawing should be
a survey, if an existing survey is available, and if not, a site drawing
from some other existing resource such as the 500 scale maps
presently available for much of the Planning Jurisdiction.
(2) goals and objectives of the development.
(3) an explanation of any unique features of the area proposed for PD
approval.
(b) conceptual drawings and supporting maps, assembled by applicant:
(1) water features according to existing USGS, SCS or other available
ORDINANCE NO. 615 page 130 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
resource mapping;
(2) existing vegetation according to existing USGS, SCS or other
available resource mapping;
(3) generalized location of known existing facilities and structures that
may constrain development, such as buildings, water lines, sewage
system, utility easements of record or in use, excavations, bridges,
culverts, storm drain systems, natural drainage ways, and wells;
(4) access to and within the site, including roads, peripheral roads,
trails, and sidewalks;
3 . the conference. The Administrator and such other city staff as may be directed by
the City to participate will review the concept submittal with the applicant, and offer
comments and information which they deem appropriate for the guidance of the
applicant in the further development of the proposal
(D) Mandatory preliminary review.
1. pre -application conference. The purpose of the pre -application conference is to:
(a) provide an opportunity for the proponents of a PD approval for a particular
parcel of property to explain the concept of their development to city staff as
modified and refined since the concept conference;
(b) permit city staff to explain to the developer the requirements of city land use
laws and the potential impacts of currently adopted plans, as to the modified
and refined plans; and
(c) permit city staff to outline the concerns of the city about potential hazards
inherent in the development of wetlands, steep slopes and hazard areas, and
about conserving marginal lands and open spaces with environmental value,
as to the modified and refined plans.
2. mandatory submittal requirements for pre -application conference:
(a) written documents:
(1) legal description
(2) goals and objectives of the development.
(3) an explanation of any unique features of the area proposed for PD
approval.
(b) preliminary drawings and supporting maps, including existing site
conditions maps showing:
(1) water features showing the location of rivers, streams, lakes,
wetlands and drainage courses including location of floodplain
areas;
(2) existing vegetation showing stands of trees and shrubs, ground
cover and description thereof;
(3) location of known and existing facilities and structures such as
buildings, water lines, sewage system, utility easements of record or
in use, excavations, bridges, culverts, storm drain systems, natural
drainage ways, and wells;
(4) access to and within the site, including roads, peripheral roads,
trails, and sidewalks;
(5) a depiction of the area surrounding the proposed PD within 300 feet.
3. pre -application conference comments. The appropriate City departments will
review the pre -application submittal materials and provide written comments
ORDINANCE NO.615 page 131 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
through the Administrator to the applicant not more than 30 days after the date of
the conference. The comments will advise the applicant on the consistency of the
proposal with the intent of this Section and with adopted City laws, plans, and
regulations, and on the compatibility of the proposed development with the
surrounding areas.
(E) Development plan -- standards.
1. The development plan shall establish for the PD development standards for the
following, and depict each on a to -scale plot plan prepared by a registered
professional land surveyor (whose certification is not a guarantee of subsequent
performance by the Owner):
(a) the uses to be permitted, and their location;
(b) the total number of dwelling units, and their location;
(c) the total amount of commercial, industrial, and office floor area, if any, and
the location of each;
(d) principal drainage systems or drainage requirements;
(e) circulation, vehicular and pedestrian;
(f) signs;
(g) parking;
(h) loading;
(i) open space and landscaping.
2. The development plan shall include specific building designs compatible with the
other elements of the plan, to include building elevations and a schedule of exterior
finish colors and materials, for each building called for by the plan.
3. The development standards may be established by setting forth for each use
category specific standards or by making reference to existing use district standards
for the underlying zoning district. If standards are not specified, the underlying
zone standards shall apply.
4. The developer shall commit to a schedule of when construction under the
development plan will begin, and a date before which construction will be
completed.
5. The Administrator may request periodic reports on the progress of construction
under the development plan from the developer, and shall report any failure to
respond to the Commission.
(F) Land clearing.
1. No building or other structure shall be constructed or placed on the property and no
existing vegetation on the property shall be cleared or otherwise disturbed except
where depicted on and in accordance with the approved development plan; provided
that the Administrator may approve specific, limited clearing of vegetation for utility
placements, access road construction, soil testing, well drilling, surveying, or for
the collection of other data necessary for plan approvals when in the
Administrator's opinion, it does not circumvent the intent of this Section. Minimal
clearing of vegetation to permit surveying shall not require approval.
ORDINANCE NO.615 page 132 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
2. The developer of the PD shall notify the Administrator prior to any land clearing for
an area greater than 500 square feet. Notice shall be given seven days in advance of
the land clearing and shall unambiguously identify the location of the land clearing.
3-22-300 GENERAL PROVISIONS FOR IMPACT AREA. Whenever any of the public
streets proposed as part of a PC, PUD, or PD under the foregoing parts of this Chapter lie outside
the City limits of the City of McCall, review of street design, right-of-way widths, road
construction contracts, and the like within such part of the development shall also be by the County
Engineer, and subject to ultimate approval by the Board.
(G) Amendment of an approved planned development.
1. Approval by the Council of an amendment to an approval of a planned development
is required for the following amendments of a development plan:
(a) any increase in the total number of authorized dwelling units;
(b) any decrease in the total open space;
(c) any increase in the total gross building area of commercial or industrial
structures;
(d) any addition or deletion of any permitted principal use, conditional use, or
accessory use;
(e) any changes in the development standards.
(H) Identification of a planned development -- zoning map. Any PD shall be identified on the
zoning map by the letters "PD" followed by the date of the approval thereof by the Council.
Any resolution amending a PD shall also be referenced on the zoning map by resolution
number.
ORDINANCE NO.615 page 133 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
CHAPTER 23
COMPREHENSIVE PLAN
SECTION:
3-23-010. Purposes
3-23-020. Adoption of Plan
3-23-030. Providing for Certified Copies
3-23-010. PURPOSES. The purpose of this Chapter is to adopt a general comprehensive
plan for the Planning Jurisdiction, pursuant to the provisions of Chapter 65, Title 67, Idaho Code.
3-23-020. ADOPTION.
(A) City of McCall. The general plan for McCall, Valley County, Idaho, dated February, 1974,
prepared by EDAW, Inc., and Stevens, Thompson & Runyan, Inc. as amended and
approved by resolution of the Planning Commission of the City on July 18, 1975, after
public hearing thereon, and further amended by the Mayor and Council of the City, at a
public hearing June 7, 1976, is hereby adopted as the general comprehensive plan of the
City.
(B) Area of City Impact. That certain mutually agreed upon Comprehensive Plan for the Impact
Area dated September, 1979, prepared, approved and recommended to the governing
boards of the City of McCall and County of Valley by the nine persons hereinabove
described, be and the same is hereby adopted as the general Comprehensive Plan for the
Impact Area.
3-23-030. PROVIDING FOR CERTIFIED COPIES. Not less than three copies of the plan
described in Section 3-23-020 hereof duly certified by the City Clerk shall be on file for use and
examination by the public in the office of the City Clerk.
ORDINANCE NO.615 page 134 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
CHAPTER 24
SIGNS
SECTION:
3-24-010. Purposes
3-24-020. Sign Standards by Zone
3-24-030. Temporary Signs
3-24-040. Exemptions
3-24-050. Non -Conforming Signs
3-24-060. Prohibited Signs
3-24-070. Illumination
3-24-080. Permits and Fees
3-24-090. Structural Requirements
3-24-100. Inspection, Removal , Safety
3-24-010. PURPOSES.
(A) To establish standards to regulate all exterior signs so as to protect the health, safety and
general welfare of residents and visitors.
(B) To regulate the sizes, location, character and other pertinent features of all exterior signs in
the Planning Jurisdiction.
(C) To reduce undue and confusing competition between signs.
(D) To prevent conflicts and confusion 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.
3-24-020. SIGN STANDARDS BY ZONE
(A) General Standards Applicable to All Zones.
1. The following sign standards by zone are intended to include every zone in the
Planning Jurisdiction. The zones are as defined by this Title. Only signs as described
herein and as may be described under Section 3-24-030, Temporary Signs and 3-24-
040, Exemptions, will be permitted in each particular zone. The area of a sign shall be
computed by adding up the square footage of the one, both or all planes of it having
words or graphics visible to the public.
2. If any zone is omitted from this Chapter, or if a new zone is created after March 24,
1994, no signs shall be permitted therein until this Chapter shall be amended to include
this zone.
(B) Residential Zones.
1. General. The regulations and specifications set forth herein shall apply to Zone R-
10, Zone R-5, Zone R-1, Zone A, Low Density Residential and Zone B, Medium
Density Residential Districts.
2. Size. One sign not exceeding two square feet in area shall be permitted per dwelling
unit. For multiple dwellings one or more additional signs totaling 12 square feet in
area shall be permitted.
3. Location. Permitted signs may be anywhere on the premises, except that they may not
project beyond any property line and except that, if ground mounted, the top shall be
not over five feet (5') above the ground; and, if building mounted, shall be flush
mounted, shall not be mounted on any roof of the building, and shall not project above
the roof line.
4. Content. Signs allowed in these zones shall be identification and directional signs only.
ORDINANCE NO.615 page 135 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
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 Zones.
1. General. The regulations and specifications set forth herein shall apply to Zone C -
Commercial District, Zone GC - General Commercial District, and Zone CB - Central
Business District.
2. Size.
(a) A total sign area of one and one-half (1 1/2) square feet for each lineal foot of
building frontage or one-half (1/2) square foot for each lineal foot of lot
frontage, whichever results in the larger sign area, but the maximum total area
of all permitted signs for any establishment shall not exceed 200 square feet.
All signing upon windows shall be included when calculating total permitted
square footage.
(b) Building frontage shall be measured along a horizontal plane from one end of
the building to the other, and shall not include projection of the building line.
(c) Where frontage is on more than one street, the allowable size of signs facing
one of those streets shall be based on the frontage of the building facing that
street.
3. Location.
(a) Signs may be flat wall signs and located anywhere on the surface of the
building.
(b) Signs may be projecting signs only where under the applicable zoning there is
no building setback, and then may project six feet (6') or less beyond the street
property line, but no closer than two feet (2') to a curb line, and must have a
minimum clearance of eight feet (8') above the curb line and public sidewalk,
and 15 feet above driveways or alleys.
(c) When a projecting sign is closer than 12 feet to a corner of the property, its
projection shall be no more than a distance equal to 1/2 the horizontal distance
from the sign to that corner.
(d) Where a building does not cover the full area of the property, a sign may be
freestanding, or ground supported, and may be located anywhere back of the
street setback lines. Such a sign may extend up to 20 feet above the average
ground level at the base of the sign.
(e) Signs may be on the vertical faces of marquees and may project below the
lower edge of the marquee not more than twelve inches (12"). The bottom
of marquee signs shall be no less than eight feet (8') above the sidewalk or
grade at any point. No part of the sign shall project above the vertical
marquee face.
(0 Signs shall not project above the roof lines.
(g) Signs shall not be located on any property which is not the site of the subject of
the information on the sign, e.g. a sign advertising a business may only appear
on the same lot or parcel of real estate that is the location of the business.
4. Content. Signs shall be identity signs only.
5. Illumination. Illumination of signs is permitted but in accordance with the
ORDINANCE NO.615 page 136 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
restrictions specified in Section 3-24-7, Signs, Illumination.
(D) Industrial - Zone I.
1. General. The regulations and specifications set forth herein shall apply to Zone I -
Industrial District.
2. Size. There shall be permitted in this Zone, for each industrial establishment, one
identity sign for each street frontage, each with a maximum area of one square foot
for each lineal foot of building street frontage, or one half (1/2) square foot for each
lineal foot of property street frontage whichever 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.
5. Illumination. Illumination of signs is permitted in accordance with the restrictions
specified in Section 3-24-7, Signs, Illumination.
3-24-030. TEMPORARY SIGNS. The following signs shall be permitted anywhere within
the Planning Jurisdiction and shall not require a permit:
(A) Construction Signs.
1. Signs which identify the architects, engineers, contractors and other individuals or
firms involved with a construction project, but not including any advertisement of
any product, and signs announcing the character of the building enterprise or the
purpose for which the building is intended, during the construction period, to a
maximum area of 16 square feet for each firm.
2. The signs shall be confined to the site of the construction and shall be removed
within 14 days after the beginning of an occupancy 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:
a. For properties of one acre or less the total area of the signage shall not
exceed five square feet (5') on one face. A double sided sign may have a
total sign surface of 10 square feet.
b. For properties of over one acre but less than ten acres, the total area of the
signage shall not exceed 16 square feet;
c. For properties over 10 acres, the total area of the signage shall not exceed
32 square feet;
d. For properties facing the lake front, the total area of the signage shall not
exceed 16 square feet.
2. Such signs shall be removed within seven days after the sale, rental or lease is
documented and closed.
3. "Open House" signs shall not exceed six square feet in total area. Open House signs
providing directions may be placed on properties other than the property offered for
sale provided permission is obtained from the property owner upon whose property
the sign(s) is placed. Open House signs shall be removed upon completion of the
"open house" but in no event shall the sign be placed longer than 24 hours.
4. Illuminated, reflective and day-glo type materials shall not be permitted on any real
estate signs.
5. Signs shall be maintained in good repair.
6. Real Estate signs shall not be placed upon or extend over public rights of way.
(C) Political Campaign Signs.
ORDINANCE NO.615 page 137 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
1. Signs announcing the candidates seeking public political office and other data
pertinent thereto, up to an area of 32 square feet for each premise.
2. Such signs shall be confined within private property and removed within seven
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 Council and only for locations designated by the Council, during and for
14 days before and seven days after the event.
Show Window Signs. Show window signs in a window display of merchandise when
incorporated with such a display. They need not be related in content with the display.
3-24-040. EXEMPTIONS. The following types of signs are exempted from all the provisions
of this Chapter, 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 the public officer's public duty, such as
safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of
historical interest, informational signs, 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 24 square feet.
2. Such signs may be illuminated in accordance with the regulations specified in
Section 3-24-7, Signs, Illumination.
3. If building mounted, these signs shall be flat wall signs and shall not project above
the roof line. If ground mounted, the top shall be no more than six feet (6') above
ground level, except when mounted upon a bona fide gateway at a height to permit
vehicles to pass beneath the sign.
(C) Integral. Names of buildings, dates of erection, monumental citations, commemorative
tablets and the like when carved into stone, concrete or similar material or made of bronze,
aluminum, or other permanent 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 square feet in area for each sign.
2. Such signs may be illuminated in accordance with the regulations specified in
Section 3-24-7, Signs, Illumination.
3. horizontal directional signs on and flush with paved areas are exempt from these
standards.
(E) Small Signs. Signs not exceeding two 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, apartment or
house for rent and not exceeding four 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 side or ends of the vehicle.
(E)
ORDINANCE NO.615 page 138 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
3-24-050. NON -CONFORMING SIGNS.
(A) Signs existing on March 24, 1994 and not conforming may be continued for a period of three
years from the date of their construction or 18 months from March 24, 1994, whichever is
longer, if properly repaired and maintained as provided in this Code and are in conformance
with other ordinances of the City. At the end of this period they shall be removed. Both the
owner and the occupant of the property are responsible for removal.
(B) Any sign in violation of Section 3-24-060, Prohibited Signs, shall be removed, altered or
repaired in accordance with the provisions of this Title within 60 days after March 24,
1994.
Non -conforming signs which are structurally altered, relocated, or replaced shall comply
immediately with all provisions of this Code.
Any sign in violation of Section 3-24-030, Temporary Signs, shall be removed, altered or
repaired within 30 days after March 24, 1994.
(E) Non -Conforming Uses. Signage associated with any nonconforming building or land use
shall, nevertheless, comply with all the provisions of this Chapter applicable to the zone in
which the nonconforming building or use would be conforming. If there is more than one such
zone, the most restrictive regulations among those of the two or more other zones shall apply.
(F) In the event a sign is not removed by the expiration of the time provided, it may be
removed as provided in 3-24-100.
3-24-060. PROHIBITED SIGNS. No sign shall:
(A) Contain statements, words or pictures of an obscene, indecent or immoral character.
(B) Contain or be an imitation of an official traffic sign or signal or contain the words "stop",
"go slow", "caution", "danger", "warning", or similar words.
(C) Be of a size, location, movement, content, coloring or manner of illumination which may
be confused with or construed as a traffic control device, or hide from view any traffic or
street sign or signal.
Advertise an activity, business, product or service not conducted, or no longer conducted,
on the premises upon which the sign is located.
Have a moving part which is a major attraction of the sign or constitutes more than 10% of the
sign area.
(F) Contain or consist of balloons, 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) Swing or otherwise noticeably move as a result of wind pressure in a fashion which may
distract or and cause a danger to the public.
(H) Billboards as defined in Chapter 4, Definitions.
(I) Portable "reader boards."
3-24-070. ILLUMINATION.
(A) The light from any illuminated sign shall be so shaded, shielded 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 illumination, brighmess or
color. Beacon lights are not permitted.
(C) No colored lights shall be used at any location or in any manner that could be confused
with a traffic control device.
(D) Neither the direct, nor reflected light from primary light sources, shall tend to create a
traffic hazard to operators of motor vehicles on public thoroughfares.
(C)
(D)
(D)
(E)
ORDINANCE NO.615 page 139 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(E)
(F)
No exposed reflective type bulbs and no strobe light or incandescent lamps which individually
or cumulatively exceed 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.
"Reader boards", i.e. signs with movable lettering, may be attached to buildings, and may
be illuminated, but must meet all sign area requirements.
3-24-080. PERMITS AND FEES.
(A) Permit Requirements.
1. No sign requiring a permit shall be erected, altered or relocated without a permit
issued by the Building Inspector.
2. Electrical permits, when required, shall be obtained 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 official may require to
insure compliance with the McCall City Code.
(C) Fees. Fees for sign permits shall be as fixed from time to time by the Council.
(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 120 days from the date of the permit.
Permit Exceptions. The following operations shall not be considered as creating a sign and
therefore, shall not require a sign permit. All other signs require a permit.
1. Replacing Copy. The changing of the advertising copy of message on an approved
painted or printed sign or on a theater marquee and similar approved signs which
are specifically designed for the use of replaceable 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 3-24-030, Temporary Signs, and 3-
24-040, Exemptions are also exempt from permit requirements.
3-24-090. STRUCTURAL REQUIREMENTS. All signs shall comply with the pertinent
requirements of the Uniform Building and Electrical Codes as adopted by the City.
3-24-100. INSPECTION, REMOVAL, SAFETY.
(A) Maintenance. All signs and components thereof shall be kept in good repair and safe, neat,
clean and attractive condition.
(B) Removal of Sign. The building official may order the removal of any sign erected or
maintained in violation of this Title. He shall give 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 the Building Inspector's opinion, the condition of the
sign is such as to present an immediate threat to the safety of the public.
(C) Abandoned Signs. A sign shall be removed by the owner or 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 15 days written notice to remove it. Upon their refusal or failure to comply
with this notice, the Building Inspector or a duly authorized representative may remove the
sign at cost to the owner.
(E)
ORDINANCE NO.615 page 140 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
SECTION:
3-25-010.
3-25-020.
3-25-030.
3-25-040.
3-25-050.
3-25-010.
CHAPTER 25
PARKING REGULATIONS
General Requirements
Standards
Off -Street Parking Design and Dimensional Tables
Parking Space Requirements
General Interpretations
GENERAL REQUIREMENTS.
(A) No building or structure shall be erected, nor any residential use changed to commercial use,
unless maintained off-street parking and loading spaces have been provided in accordance with
the provisions of this Chapter. Even where the new use involves no additions or enlargements,
there shall be provided as many such spaces as may be required by this Chapter.
(B) No building or structure shall be substantially altered, added to or enlarged, or its use changed
permanently unless there is provided as many such spaces as may be required by this Title with
respect to the square footage as to which alteration, addition, enlargement, or change of use has
occurred.
3-25-020. STANDARDS.
(A) Location of Parking Spaces. The following regulations shall govern the location of off-
street parking spaces and areas:
1. Parking spaces for all detached residential uses shall be located on the same lot as
the use which they are intended to serve;
2. Parking spaces for commercial, industrial or institutional uses shall be located not
more than 300 feet from the principal use; and
3. Parking spaces for apartments, condominiums or similar residential uses shall be'
located not more than 200 feet from the principal use.
(B) Loading Spaces Requirements and Dimensions. Off -Street loading spaces for commercial
uses shall be provided in accordance with the following table:
GROSS FLOOR AREA (Sq. Ft.)
14,000 - 36,000
36,000 - 60,000
60,001 - 100,000
QUANTITY & TYPE
(1) B*
(2) B*
(2)B+(1) A**
For each additional 75,000 or fraction thereof, an additional Type A space will be provided.
**
*
Type A spaces are 65 feet in length
Type B spaces are 35 feet in length
1. The size of an off-street loading spaces shall not be less than the following,
exclusive of access platform and loading area:
Width:
35 feet
65 feet
12 feet
15 feet
2. Convenience access to loading spaces from streets or alleys shall be provided, and
be not less than 12 feet in width.
3. Location of required loading facilities: The off-street loading facilities required for
the uses mentioned, shall not project into the public right-of-way or setback area. In
no case shall required off-street loading berths be part of the area used to satisfy the
off-street parking requirements.
4. Design and location of entrances and exits for required off-street loading areas shall
ORDINANCE NO.615 page 141 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
(C)
(D)
(E)
be subject to review of the Planning Commission and Transportation Committee.
Maintenance. The owner of property used for parking and/or loading shall maintain such
area in good condition without holes and free of all dust, trash and other debris.
Paving. The parking and loading spaces shall be improved with a durable and dust -free
surface. "Durable and dust -free" means concrete, asphalt, paving stones or bricks, or other
functionally equivalent materials. "Functionally equivalent" means that the presence of the
materials provides a stable driving surface under all weather and moisture conditions, and
during ordinary use by wheeled vehicles prevents the visible raising of road dust or other
like particulate matter into the air.
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.
(F) 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.
(G) Access. Any parking area 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.
(H) Screening and or Landscaping. Whenever a parking area is located in or adjacent to a
residential use or district, it 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. Such fence or wall shall be not less than four feet (4') nor 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 district shall be landscaped with grass, 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 1
planting screen and landscaping shall be required.
(I) Minimum Distance and Setbacks. No part of any parking area for more than 10 vehicles
shall be closer than 20 feet to any dwelling unit, school, hospital or other institution for
human care located on an adjoining lot, unless separated by an acceptably designed screen.
(J) Disabled Vehicles. The parking of a disabled vehicle within a residential or commercial
district for a period of more than two weeks shall be prohibited, unless such vehicle is
stored in an enclosed garage or other accessory building.
3-25-030. OFF-STREET PARKING DESIGN AND DIMENSIONAL TABLES.
(A) Dimensions:
If parking is at: 45° 60° 90° Parallel
Then the: Shall be:
Width of Parking 13' 10' 9' 9'
Length of Parking Space 15' 18' 20' 23'
Width of Driveway Aisle 13' 17' 25' 12'
(B) Relationship of standard and compact parking spaces in off street parking facilities: Up to
35% of any parking lot may be designated for compact car spaces. Such spaces shall be
permitted only on hard surfaced lots, where the space is marked both on the pavement and
by a sign.
3-25-040. PARKING SPACE REQUIREMENTS. For the purpose of this Title, the
ORDINANCE NO.615 page 142 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
following parking space requirements shall apply:
TYPE OF USE
(A) Residential
1. Single family or two
family dwelling
2. Apartments or multi-
family dwelling
3. Boarding houses, rooming
houses, dormitories and
permanent occupant; and
4. Mobile home park
(B) Commercial:
1. Automobile service garages
which also provide repair
2. Hotels, motels
3. Funeral parlors, mortuaries
and similar types uses
4. A. Retail stores
B. Durable Goods Retail
(furniture, appliances)
5. Banks, financial institu-
tions and similar uses
6. Offices, public or profes-
sional administration or
service buildings
7. Marinas
8. All other types of business
or commercial uses permitted
in any business district
(C) Recreational or Entertainment:
1. Dining rooms, restaurants,
taverns, night clubs, etc.
2. Bowling alleys
3. Dance floors, skating rinks
4. Outdoor swimming pools,
TYPES OF USES
5. Auditoriums, sports arenas,
PARKING SPACES REQUIRED
Two for each unit:
One and one-half for each unit;
One for each sleeping room plus one for each
fraternity houses which have sleeping rooms;
One for each unit plus one space for
each five units.
One for each two gasoline pumps
and two for each service bay;
One per each sleeping room plus one
space for each two employees.
One for each 100 square feet of floor area
in slumber rooms, parlors or service rooms.
One for each 250 square feet of floor area;
One for each 600 square feet of floor area;
One for each 200 square feet of floor area;
One for each 300 square feet of floor area;
One per two boat mooring spaces; and
One for each 300 square feet of floor area.
One for each 100 square feet of floor area;
Four for each alley or lane plus one additional
space for each 100 square feet of the area use
for restaurant, cocktail lounge or similar us'e;
One for each 100 square feet of floor area
used for the activity;
One for each five persons capacity plus
public or community or club one for each
four seats or one for each 30 square feet of
floor area used for seating purposes
whichever is greater;
PARKING SPACE REQUIRED
One for each four seats;
ORDINANCE NO.615
As passed and approved by Council March 24, 1994, printed March 25, 1994
page 143 of 191
theaters and similar uses
6. City parks
(D) Institutional:
1. Churches and other places
of religious assembly
2. Hospitals
3. Sanitariums, homes for the
aged, nursing homes, children's
homes, asylums and similar uses.
4. Medical and dental clinics
(E) Schools (Public or Parochial or Private:
1. Elementary and junior high schools
2. High Schools
3. Business, technical and
trade schools
4. Colleges, universities
5. Kindergartens, child care
centers, nursery schools
and similar uses
(F) Manufacturing:
1. All types of manufactur-
ing, storage and whole
uses permitted in any manu-
facturing district
One per 5,000 square feet of usable land area.
One for each five seats;
One for each bed;
One for each two beds;
One for every 200 square
feet of floor area of examination, treatment,
office, and waiting rooms;
Two for each class -room and one for every
eight seats in auditoriums or assembly halls;
One for every ten students and one for each
teacher and employee;
One for each two students;
One for each four students; and
Two for each class -room but not less than
six for the building.
One for every two employees (on the largest
shift for which the building is designed) plus
one for each motor vehicle used on the premises;
One for every two employees (on the largest shift
for which the building is designed) and one for
each motor vehicle maintained on the premises.
3-25-050. GENERAL INTERPRETATIONS. In the interpretation of this Chapter, the
following shall govern:
(A)
(B)
(C)
2. Express, parcel delivery
and freight terminal
Parking spaces for other permitted or conditional uses not listed in this Chapter shall be
determined by the Commission;
Fractional numbers shall be increased to the whole number; and
Where there is an adequate public transit system or where for any other reason parking demand is
unusually low, such as where uses with differing operating hours or needs share parking under a
formal, written agreement to which the City is a party, then the parking space provisions cited
above may be reduced proportionately by the Commission. If the owner of the use whose
parking facility is under such an agreement supposed to be available to the patrons of the other
use fails or refuses to make such parking available in accordance with the agreement, such failure
or refusal is a violation of this Title.
ORDINANCE NO.615 page 144 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
CHAPTER 26
AIRPORT ZONING
SECTION:
3-26-010. Purpose
3-26-020. Short Title
3-26-030. Definitions
3-26-040. Airport Zones
3-26-050. Airport Zone Height Limitations
3-26-060. Use Restrictions
3-26-070. Non -conforming Uses
3-26-080. Permits
3-26-090. Enforcement
3-26-100. Board of Adjustment
3-26-110. Conflicting Regulations
3-26-120. Appeals
3-26-130. Judicial Review
3-26-010. PURPOSE.
(A) An obstruction has the potential for endangering the lives and property of users of the
McCall Municipal Airport and property or occupants of land in its vicinity; an obstruction
may affect existing and future instrument approach minimums of the McCall Municipal
Airport; and an obstruction may reduce the size of areas available for the landing, takeoff,
and maneuvering of aircraft, thus tending to destroy or impair the utility of the McCall
Municipal Airport and the public investment therein. Accordingly, it is declared:
1. that the creation or establishment of an obstruction has the potential of being a
public nuisance and may injure the region served by the McCall Municipal Airport;
2. that it is necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of obstructions that are a hazard to air
navigation be prevented; and
3. that the prevention of these obstructions should be accomplished, to the extent
legally possible, by the exercise of the police power without compensation.
(B) The prevention of the creation or establishment of hazards to air navigation; the elimination,
removal, alteration or mitigation of hazards to air navigation; or the marking and lighting of
obstructions, are public purposes for which a political subdivision may raise and expend
public funds and acquire land or interests in land.
3-26-020. SHORT TITLE. This Chapter may be known and may be cited as the McCall
Airport Zoning Ordinance.
3-26-030. DEFINITIONS. As used in this Chapter, unless the context otherwise requires:
1. Airport - The McCall Municipal Airport.
2. Airport Elevation - The highest point of an airport's usable landing area measured in feet
from sea level, i.e., 5,021 feet.
3. Approach Surface - A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope
ORDINANCE NO.615 page 145 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
as the approach zone height limitation slope set forth in Section 3-26-050 of this Chapter.
In plan the perimeter of the approach surface coincides with the perimeter of the approach
zone.
4. Approach, Transitional, Horizontal, and Conical Zones - These zones are set forth
in Section 3-26-040 of this Chapter.
5. Board of Adjustment - The McCall City Council shall be the Board of Adjustment.
6. Conical Surface - A surface extending outward and upward from the periphery of the
horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
7. Hazard to Air Navigation - An obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
8. Height -For the purpose of determining the height limits in all zones set forth in this
Chapter and shown on the zoning map, the datum shall be mean sea level elevation unless
otherwise specified.
9. Heliport Primary Surface - The areas of the primary surface coincides in size and shape
with the designated takeoff and landing area of a heliport. This surface is a horizontal plane
at the elevation of the established heliport elevation.
10. Horizontal Surface - A horizontal plane 150 feet above the established airport elevation,
the perimeter of which in plan coincides with the perimeter of the horizontal zone.
11. Non -conforming Use - Any pre-existing structure, object of natural growth, or use of
land which is inconsistent with the provisions of this Chapter or an amendment thereto.
12. Non -precision instrument runway - A runway having an existing instrument approach
procedure utilizing air navigation facilities with only horizontal guidance, or area type
navigation equipment, for which a straight -in non -precision instrument approach procedure
has been approved or planned.
13. Obstruction - Any structure, growth, or other object, including a mobile object, which
exceeds a limiting height set forth in Section 3-26-050 of this Chapter.
14. Person - An individual, firm, partnership, corporation, company, association, joint stock
association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar
representative of any of them.
15. Primary Surface - A surface longitudinally centered on a runway. When the runway has
a specifically prepared hard surface, the primary surface extends 200 feet beyond each end
of that runway; for military runways or when the runway has no specially prepared hard
surface, or planned had surface, the primary surface is set forth in Section 3-26-040 of this
Chapter. The elevation of any point on the primary surface is the same as the elevation of
the nearest point on the runway centerline.
16. Runway - A defined area on an airport prepared for landing and take -off of aircraft along
its length.
17. Structure - An object, including a mobile object, constructed or installed by man,
including but without limitation, buildings, towers, cranes, smokestacks, earth formation,
and overhead transmission lines.
18. Transitional Surfaces - These surfaces extend outward at 90 degree angles to the
runway centerline and the runway centerline extended at a slope of seven feet horizontally
for each foot vertically from the sides of the primary and approach surfaces to where they
intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the
precision approach surfaces, which project through and beyond the limits of the conical
surface, extend a distance of 5,000 feet measured horizontally from the edge of the
approach surface and at 90 degree angles to the extended runway centerline.
ORDINANCE NO.615 page 146 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
19. Tree - Any object of natural growth.
20. Utility Runway - A runway that is constructed for and intended to be used by propeller
driven aircraft of 12,500 pounds maximum gross weight and less.
21. Visual Runway - A runway intended solely for the operation of aircraft using visual
approach procedures.
3-26-040. AIRPORT ZONES
(A) In order to carry out the provisions of this Chapter, there are hereby created and established
certain zones which include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to the McCall Municipal
Airport. Such zones are shown on the Airport Approach and Clear Plan consisting of one
sheet, prepared by Toothman-Orton Engineering Company, and dated January 17, 1989.
An area located in more than one of the following zones is considered to be only in the zone
with the more restrictive height limitation. The various zones are hereby established and
defined as follows:
1. Utility Runway Visual Approach Zone - The inner edge of this approach zone
coincides with the width of the primary surface and is 500 feet wide. The approach
expands outward uniformly to a width of 1,250 feet at a horizontal distance of
5,000 feet from the primary surface. Its centerline is the continuation of the
centerline of the runway.
2. Utility Runway Non -precision Instrument Approach Zone - The inner edge of this
approach zone coincides with the width of the primary surface and is 500 feet wide.
The approach zone expands outward uniformly to a width of 2,000 feet at a
horizontal distance of 5,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
3. Horizontal Zone - The horizontal zone is established by swinging arcs of 5,000 feet
radii from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal
zone does not include the approach and transitional zones.
4. Conical Zone - The conical zone is established as the area that commences at the
periphery of the horizontal zone and extends outward therefrom a horizontal
distance of 4,000 feet.
3-26-050. AIRPORT ZONE HEIGHT LIMITATIONS. Except as otherwise provided in this
Chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow
in any zone created by this Chapter to a height in excess of the applicable height limit herein
established for such zone. Such applicable height limitations are hereby established for each of the
zones in question as follows:
(A) Utility Runway Visual Approach Zone - Slopes 20 feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a
horizontal distance of 5,000 feet along the extended runway centerline.
(B) Utility Runway Non -precision Instrument Approach Zone - Slopes 20 feet outward for
each foot upward beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
(C) Transitional Zones - Slope seven feet outward for each foot upward beginning at the sides
of and at the same elevation as the primary surface and the approach surface, and extending
to a height of 150 feet above the airport elevation which is 5,021 feet above mean sea level.
In addition to the foregoing, there are established height limits sloping seven feet outward
for each foot upward beginning at the sides of and at the same elevation as the approach
surface, and extending to where they intersect the conical surface. Where the precision
instrument runway approach zone projects beyond the conical zone, there are established
ORDINANCE NO.615 page 147 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
0))
height limits sloping seven feet outward for each foot upward beginning at the sides of and
at the same elevation as the approach surface, and extending a horizontal distance of 5,000
feet measured at 90 degree angles to the extended runway centerline.
Horizontal Zone - Established at 150 feet above the airport elevation or at a height of 5,171
feet above mean sea level.
(E) Conical Zone - Slopes 20 feet outward for each foot upward beginning at the periphery of
the horizontal zone and at 150 feet above the airport elevation and extending to a height of
350 feet above the airport elevation.
3-26-060. USE RESTRICTIONS. Notwithstanding any other provision of this Chapter, no
use may be made of land or water within any zone established by this Chapter in such a manner as
to create electrical interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between airport lights and others,
result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport,
create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff,
or maneuvering of aircraft intending to use the airport.
3-26-070. AIRPORT NON -CONFORMING USES. i
(A) Regulations Not Retroactive - The regulations prescribed by this Chapter shall not be
construed to require the removal, lowering, or other change or alteration of any structure or
tree not conforming to the regulations as of the effective date of the applicable regulations,
or otherwise interfere with the continuance of non -conforming use. Nothing contained
herein shall require any change in the construction, alteration, or intended use of any
structure, the construction or alteration of which was begun prior to the effective March 24,
1994, and is diligently prosecuted.
(B) Marking and Lighting - Notwithstanding the preceding provision of this Section, the owner
of any existing non -conforming structure or tree is hereby required to permit the
installation, operation, and maintenance thereon of such markers and lights as shall be
deemed necessary by the Airport Manager to indicate to the operators of aircraft in the
vicinity of the airport the presence of such airport obstruction. Such markers and lights
shall be installed, operated and maintained at the expense of the City.
3-26-080. PERMITS
(A) Future Uses - Except as specifically provided in 1, 2, and 3 below, no material change
shall be made in the use of land, no structure shall be erected or otherwise established, and
no tree shall be planted in any zone hereby created unless a permit therefor shall have been
applied for and granted. Each application for a permit shall indicate the purpose for which
the permit is desired, with sufficient particularity to permit it to be determined whether the
resulting use, structure, or tree would conform to the regulations herein prescribed. If such
determination is in the affirmative, the permit shall be granted. No permit for a use
inconsistent with the provisions of this Chapter shall be granted unless a variance has been
approved in accordance with Section 3-26-8(D).
1. In the area lying within the limits of the horizontal zone and conical zone, no permit
shall be required for any tree or structure less than 75 feet of vertical height above
the ground, except when, because of terrain, land contour, or topographic features,
such tree or structure would extend above the height limits prescribed for such
zones.
2. In areas lying within the limits of the approach zones, but at a horizontal distance'of
not less than 4,200 feet from each end of the runway, no permit shall be required
for any tree or structure less than 75 feet of vertical height above the ground, except
when such tree or structure would extend above the height limit prescribed for such
approach zones.
3. In the areas lying within the limits of the transition zones beyond the
ORDINANCE NO.615 page 148 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
perimeter of the horizontal zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when such tree or
structure, because of terrain, land contour, or topographic features, would extend
above the height limit prescribed for such transition zones. Nothing contained in
any of the forgoing exceptions shall be construed as permitting or intending to
permit any construction, or alteration of any structure, or growth of any tree in
excess of any of the height limits established by this Chapter except as set forth in
Section 3-26-050.
(B) Existing Uses - No permit shall be granted that would allow the establishment or creation
of an obstruction or permit a non -conforming use, structure, or tree to become a greater
hazard to air navigation than it was on the effective date of the applicable regulations or than
it is when the application for a permit is made. Except as indicated, all applications for such
a permit shall be granted
(C) Non -Conforming Uses Abandoned or Destroyed - Whenever the Airport Manager
determines that a non -conforming tree or structure has been abandoned or more than 80%
torn down, physically deteriorated, or decayed, no permit shall be granted that would allow
such structure or tree to exceed the applicable height limit or otherwise deviate from the
zoning regulations.
(D) Variances - Any person desiring to erect or increase the height of any structure, or permit
the growth of any tree, or use property, not in accordance with the regulations prescribed in
this Chapter, may apply to the Planning Commission for a variance from such regulations.
The application for variance shall be accompanied by a determination from the Federal
Aviation Administration as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed
where it is duly found that a literal application or enforcement of the regulations will result
in unnecessary hardship and relief granted, will not be contrary to the public interest, will
not create a hazard to air navigation, will do substantial justice, and will be in accordance'
with the spirit of this Chapter. Additionally, no application for variance to the requirements
of this Chapter may be considered by the Planning Commission unless a copy of the
application has been furnished to the Airport Manager, the Airport Advisory Committee and
the Airport engineers for advice as to the aeronautical effects of the variance. If those so
named do not respond to the application within 15 days after receipt, the McCall City
Council may act on its own to grant or deny said application. Such action shall be in full
conformance with the City's other zoning regulations and procedures for variances outlined
in Chapter 30.
(E) Obstruction Marking and Lighting - Any permit or variance granted may if such action is
deemed advisable to effectuate the purpose of this Chapter and be reasonable in the
circumstances, be so conditioned as to require the owner of the structure or tree in question
to install, operate, and maintain, at the owner's expense, such markings and lights as may
be necessary. If deemed proper by the Board of Adjustment, this condition may be
modified to require the owner to permit the City at its own expense, to install, operate, and
maintain the necessary marking and lights.
3-26-090. ENFORCEMENT It shall be the duty of the Airport Manager to administer and
enforce the regulations prescribed herein. Applications for permits and variances shall be made to
the City Clerk upon a form published for that purpose. Applications required by this Chapter to be
submitted to the Planning Commission shall be promptly considered and granted or denied.
Application for action by the Board of Adjustment shall be forthwith transmitted by the City Clerk.
3-26-100. BOARD OF ADJUSTMENT The McCall City Council shall, for the purposes of
this section act upon appeals of decisions of the Planning Commission as otherwise outlined in
Chapter 32, of this Title, "Procedures."
3-26-110. CONFLICTING REGULATIONS Where there exists a conflict between any of
ORDINANCE NO.615 page 149 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
the regulation or limitations prescribed in this Chapter and any other regulations applicable to the
same area, whether the conflict be with respect to the height of structure or trees, and the use of
land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
3-26-120. APPEALS Any person aggrieved, or any taxpayer affected, by any decision of the
Airport Manager made in the administration of this Chapter, may appeal to the Council pursuant to
Chapter 32 of this Title.
3-26-130. JUDICIAL REVIEW Any person aggrieved, or any taxpayer affected, by any
decision of the Council pursuant to this Chapter may seek judicial review under the procedures
provided by 67-5212, subsection (b) through (g) and 67-5612, Idaho Code.
ORDINANCE NO.615 page 150 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 27
GENERAL DEVELOPMENT STANDARDS
SECTION:
3-27-010. Purpose
3-27-020. General Requirements
3-27-030 Fire Hazard Mitigation Standards
3-27-040. Exceptions to Height Restrictions
3-27-050 Construction Drawings and As -Built Information.
3-27-060 Land Development Drainage Plan Requirements
3-27-070 Temporary Storage and Merchandising Facilities not to Become Permanent.
3-27-010. 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 detrimental environmental impact from development.
(C) Preserve and improve the visual character of all lands within the jurisdiction of the Planning
Jurisdiction (Ord. 387, 7-2-79).
3-27-020. 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, vibration, refuse matter or water -carried wastes.
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 enclose any unsightly service, processing or storage
operation within a building or to properly screen such an operation from the public
view.
(B) All development shall:
1. Be designed to take advantage of natural settings, preserving natural features such
as stream side environments and vegetation.
2. Have 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.
5. Have roofing of non -reflective materials.
6.. Provide natural trees, shrubs, and grasses, or provide and maintain landscaping, so
as to cover all areas not actually used for structures, drives, walks, usable yard,
improved off-street parking, or lawful open storage. Industrial and commercial sites
shall provide such vegetation on all areas not actually utilized for required off-street
parking, minimal roads, and buildings, unless otherwise provided in a site plan
approved by the Planning Commission under the procedures applicable to a
conditional use, but without public hearing. It is the purpose of such a site plan to
ORDINANCE NO.615 page 151 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
determine the area reasonably needed for operations, and the landscape treatment of
the site in the light of that need. Residential development shall provide usable yard
in the amount of 100 square feet per bedroom in excess of one per dwelling unit.
Nothing in this paragraph 6 shall be read to require the landscaping of exposed
rocks and sands in undisturbed riparian and littoral areas.
(C) Every subdivision and every Planned Unit Development in excess of 5 acres in extent
should have at least two points of access to public roads outside the subdivision, if
practical; and where through roads are not practical, shall provide stubbed -out roads to the
boundary of the subdivision or development at logical points.
(D) All bridges and culverts within a proposed development must be adequate to support the
largest and heaviest fire equipment owned by the City of McCall or by the McCall Rural
Fire District at the time of application for approval of the development.
(E) Water supply to a proposed development must meet or exceed then current NFPA 1231
requirements.
(F) All power lines within the development must be buried, except transmission lines of such
voltage as to make burial impractical in the opinion of the Commission based upon
competent evidence.
(G) All structures shall have house numbers not less than 3 and 1/2 inches tall, of a color
contrasting with the color of the background, and visible day and night from the street at'
the point of driveway egress from the street.
(H) All streets and intersections must be clearly marked with street name signs.
(I) All structure roofs shall be covered with fire-resistant materials.
(J) No parcel shall be created subsequent to the effective date of the applicable regulations
which is occupied by existing dwelling units unless the parcel created is large enough to
meet the density and acreage requirements for such existing dwelling units in the zoning
district in which it is located.
(K) The Planning Commission may require an environmental assessment to be submitted prior
to the approval of any planned unit development, conditional use, or variance, and prior to
recommending any zoning map amendment, when there is an 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
analyzed in the environmental assessment shall be indicated.
(L) Animals.
1. Animals considered domestic household pets such as dogs, cats, small rodents and
birds may be kept in any zoning district provided such are kept in conformance with
the McCall City Code.
2. Animals such as horses, cows, goats, chickens, pigs, sheep or other typically farm
animals or any large or domesticated wild animals shall not be kept in any residential or
commercial zone except as specifically provided in the chapters respecting such zones.
3. Kennels for the keeping of three or more animals shall be permitted only in Zone ;R-
10 and R-5 (Chapters 5 and 6)
Fences; Barbed and Razor Wire. All fences over six feet in height require a conditional use
permit. No fence may include razor wire. No fence may be made of or include barbed wire,
or be electrified, except
1. a fence around pasture regularly used for the grazing of animals, or
2. when so provided in the terms of approval of a conditional use.
Chapter 28 of this Title notwithstanding, barbed and razor wire are declared a nuisance and
a hazard to children and are prohibited in all residential zoning districts other than R-10,
(m)
ORDINANCE NO.615 page 152 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
and in any subdivided area within R-10, and where existing shall be promptly removed
unless approved as a conditional use after March 24, 1994.
(N) Antennas, where ground mounted, including also satellite dishes, require a building permit.
(0) In all zoning districts except Zones "B" (but in Zone `B" only as to housing other than detached,
single family dwellings), "CB", "C", and "GC", if a new residential structure is built without a
garage, space shall be provided for the lawful addition of future covered parking.
(P) Tree removal.
1. The existing forest in the McCall area is considered a public resource, important to the
character of the Planning Jurisdiction and its tourist economy.
2. Prior to the issuance of a relevant building permit, tree removal shall be limited to the
removal of no more than fifty percent of the stems per lot or parcel, with the removal of
dead, dying or damaged timber being given priority. Further removal will be limited to
the salvage of further dead, dying or damaged timber. 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 3-27-030 respecting Fire Hazard Mitigation. 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 take
into consideration the replacement of trees thereafter dying.
3. Slash, long butts, cull logs, and logging debris shall not be accumulated or piled within
view of a roadway.
4. Except as otherwise provided in subparagraph 5. immediately following, timber harvest
is prohibited, unless the owner has first obtained a conditional use permit for such
harvest; provided, however, timber harvest without a conditional use is permitted from
road rights -of -way by or under contract with the public agency having jurisdiction of the
right-of-way; or by a developer as required for road or utility construction in connection
with a subdivision having at least preliminary plat approval, or as required for survey or
engineering.
5. Timber harvest from State endowment lands is permitted after review and consultation
with the City and without a conditional use as follows:
(a) notice of a proposed timber sale or other logging contract shall be given to the
Clerk by the Department of Lands at least 60 days before the publication of
invitation to bid upon the sale, or creation of contract rights in a logger,
whichever first occurs; thereafter the Clerk shall forward the notice and
supporting materials to the Commission, which if it chooses to do so may hold a
public hearing on the question of the appropriate City response to the proposed
State action. The Commission may request additional information.
(b) The Council, upon receiving the recommendations of the Commission in this
regard, may if it chooses to do so hold a second public hearing on the question of
the City response to the proposed State action. The Council may request
additional information. Following such consideration by Council as it deems
appropriate, a statement of Council's concerns and recommendations may be
approved for transmittal to the Department of Lands.
(c) Public notice of any such public hearing under this Subparagraph 5. shall be
given by publication as provided in Section 3-32-020 (E).
(d) The Department shall not enter into the timber sale or other logging contract
without first implementing or otherwise responding point by point, in a writing
delivered to the City Manager, to the Council's statement of concerns and
recommendations.
ORDINANCE NO.615 page 153 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
(e) Notice of a sale which is classed as a "direct sale" under present rules of the
Department of Lands, that is, 100,000 or fewer board feet, by negotiated 'sale for
$10,000 or less, and respecting certain trees the market value of which would be
lost in the event of any appreciable delay, shall be timely if furnished to the Clerk
15 or more days before the signing of a contract for such sale; and the Clerk shall
bring the matter directly to the attention of Council at its next meeting.
(Q) Pit privies are prohibited, except in camps and campgrounds where constructed with a
concrete liner and periodically pumped.
(R) Dry cabins, that is, dwellings without piped -in potable water and approved sewer, are
prohibited.
(S) Any structure within the Payette Lakes Water and Sewer District and located within 300
feet of a District sewer main must connect to the District Sewer System, provided that the
Administrator may waive this requirement if lack of needed easements prevents reasonable
physical access to the main.
(T) Camping in platted subdivisions.
1. Undeveloped lots. Camping in tents or recreational vehicles, whether self-propelled or
pulled by a vehicle, is prohibited on undeveloped lots in platted subdivisions, except
where camping serves as temporary housing for the owners or construction workers
during construction of a building on the lot pursuant to an issued building permit. Such
use is limited to sixty calendar days. Usage shall meet all health requirements, including
potable water, sewer services, and garbage collection service. The persons so camping
shall take all necessary steps to preserve the public peace and safety of other residents
in the subdivision who may be affected by the camping and associated activity.
2. Developed lots. Nothing in this section shall be read to prohibit a homeowner from
allowing guests to camp on the homeowner's property for up to ten days out of
every thirty day period. Camping in excess of such ten days out of thirty is
prohibited. A utility charge may be assessed to the homeowner equivalent to one '
additional dwelling unit for each month in which the ten days limit is exceeded.
When camping occurs, these units must be connected to the home's water, sewer
and electrical systems. Each day of camping in excess of the ten is a separate
violation of this Title.
(U) Provisions for private roads:
1. Private roads are discouraged, and cause must be shown for their approval.
2. All private roads shall be built:
(a) to City standards or better in terms of structural materials;
(b) with an all-weather and all -season surface of not less than twenty feet width; and
(c) in accord with the Uniform Fire Code, and along alignments with grades
approved by the Fire Chief to handle the largest and heaviest equipment available
to the City of McCall Fire Department and the McCall Rural Fire Department.
3. Police, fire, ambulance, and other emergency services shall have the right of access
to all parts of such roads at all times.
4. Development documentation, including at least both a plat and covenants, shall
make plain that:
(a) the police, fire, ambulance, and other emergency services have full access to
private roads exactly as if they were public roads.
(b) the homeowners' association shall maintain such full twenty -foot width free
of accumulations of snow and free of parked vehicles
(c) in the event of the failure of the association to comply timely with (b)
ORDINANCE NO.615 page 154 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3-27-030
immediately above, the City may clear snow and tow parked vehicles either
with its own crews and equipment, or with specially hired crews and
equipment; and
(d) in the event of either or both such City actions, the association shall be liable
to the City in the amount of the cost to the City of the doing of the work,
plus a civil penalty of the greater of
(1) $1,000, or
(2) the amount of the cost to the City of the doing of the work.
FIRE HAZARD MITIGATION STANDARDS
(A) In this section "area of fire hazard" means lands on which there is vegetation that is prone
to fire; and also means lands where there is heavy fuel loading, where fuels are arranged in
close continuity, where development or timber management slash exists, or where wildfires
are likely to be difficult to suppress and become a threat to public safety. This section is
meant to apply to all applications for subdivisions, conditional uses, variances, building
permits, or other approvals within an area of fire hazard, as well as to existing
development.
(B) Lands in zones R-10, R-5, R-1, and A are presumptively in the area of fire hazard.
(C) In areas of fire hazard:
1. Yards must be cleared as follows: a defensible zone thirty feet wide shall be created
around all dwellings, provided that this paragraph shall not be interpreted to
authorize or require a trespass on property of others by the owner of the yard;
within that zone grasses shall be kept at or below 6 inches in height, shrubs and
trees are thinned to a spacing of ten feet or more, conifers over sixteen feet in height
are limbed to a height of eight feet above the ground, and dead and down wood is
removed; no tree shall be permitted to overhang a chimney.
2. In any development with common area and open space, the association, or the owner in
the absence of an association, shall remove dead and downed woody materials less than
six inches in diameter, dead or dying standing trees, and slash from the common area
and open space at the time of development and periodically thereafter.
3. All slash will be removed within twelve months of its creation.
In the event of a dispute whether lands should be considered to be within the area of fire
hazard, the decision of the Fire Chief shall be final.
3-27-040. EXCEPTIONS TO HEIGHT RESTRICTIONS. The following types of
structures or structural parts are not subject to the building height limitations of this Title, unless
they are located within the approach zones of an airport or are meant for human habitation:
chimneys, water tanks, church spires, belfries, domes, fire and hose towers, transmission towers,
elevator shafts and other similar projections.
3-27-050 CONSTRUCTION DRAWINGS AND AS -BUILT INFORMATION.
(A) A full set of as -built (record) drawings of all improvements intended for public use and
maintenance, including but not limited to water and sewer lines, and including also private
and public roads, shall be furnished to the Public Works Director for the permanent records
of the City.
(B) Such drawings shall take the form of regular construction drawings at 100 scale with detail
at 10 scale, plus a "CAD" version at 1:1 on computer disk, in both cases and in every case
in form, disk format, and on -disk data format, compatible with the data use and storage
specifications of the Department of Public Works, which specifications shall be established
in the discretion of the Public Works Director with an eye to ease of use of records in the
office, and to being able to find such improvements in the field under all weather and
(D)
ORDINANCE NO.615 page 155 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
seasonal conditions. The Department shall keep the current specifications available in
written form, and make copies available to developers and design professionals, on
reasonable request.
(C) The City adopts the symbols appearing on the following pages as part of such data
specifications. All design and as -built drawings presented to the City shall employ those
symbols.
ORDINANCE NO.615 page 156 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
"
3 L O C
s
��S
A \ D S Y f V
3 O L S L E G S \ D
U P U T I L I T Y P O L E ( 1 . 5 ' S o l i d S q u a r e ) ( 0 . 2 5 P e n )
S P R N K S P R I N K L E R H E A D ( 1 ' D i a . C i r c l e w i t h 4 ; ) ( 0 . 2 5 P e n )
0 W V W A T E R V A L V E O R M E T E R ( 2 ' & 1 ' D i a . ) ( 0 . 2 5 P e n )
G V G A S V A L V E ( 2 ' D i a . ) ( 0 . 2 5 P e n )
� O V O R C H A R D V A L V E ( 1 . 5 ' D i a . ) ( 0 . 2 5 P e n )
" L P L I G H T P O L E ( 2 ' D i a . P o l e & 1 ' L i g h t ) ( 0 . 2 5 P e n )
L o t 1
1 0 2 0
J o h n D o e
A N C H A N C H O R ( 2 ' D i a . )
T R T E L E P H O N E R I S E R ( 2 ' S i d e s ) ( 0 . 2 5 P e n )
F H F I R E H Y D R A N T ( 2 ' D i a . ) ( 0 . 2 5 P e n )
S I G N E X I S T I N G S I G N ( 1 ' D i a . P o s t + 3 ' S i g n ) ( 0 . 2 5 P e n )
S T S I G N E X I S T I N G S T R E E T N A M E S I G N ( 1 ' D i a . P a s t + 3 . 5 ' S i g n ) ( 0 . 2 5 P e n )
4 s P S I G N A L P O L E ( 3 ' D i a . P o l e & 2 ' T r i a n g l e s ) ( 0 . 2 5 P e n )
B C B R A S S C A P ( 3 ' D i a . ) ( 0 . 3 5 P e n )
B M B E N C H M A R K ( 3 ' S q u a r e ) ( 0 . 3 5 P e n )
P I N S U R V E Y M A R K E R ( I r o n P i n , R e b e r , E t c . ) ( 1 ' D i a . )
( 0 . 3 5 P e n ) ( S o l i d )
M H E X I S T I N G M A N H O L E ( 2 ' & 3 ' D i a . ) ( 0 . 2 5 P e n )
N E W M H N E W M A N H O L E ( 2 . 5 ' & 4 ' D i a . ) ( 0 . 7 0 P e n )
D I E X I S T I N G I N L E T C A T C H B A S I N ( 2 ' S q u a r e ) ( 0 . 2 5 P e n )
N E W D I N E W I N L E T C A T C H B A S I N ( 3 ' S q u a r e ) ( 0 . 7 0 P e n )
I R R E X I S T I N G I R R I G A T I O N B O X 1 ' S q u a r e ) ( 0 . 2 5 P e n )
( U s e B l o c k C o m m a n d t o S i z e )
N E W I R R N E W I R R I G A T I O N B O X ( 1 ' S q u a r e ) ( 0 . 7 0 P e n )
( U s e B l o c k C o m m a n d t o S i z e )
M B M A I L B O X ( 2 ' S q u a r e & 1 ' C i r c l e ) ( 0 . 2 5 P e n )
G A T E ( 2 ' E n d s x R e q u i r e d L e n g t h ) ( 0 . 2 5 P e n )
A D D A D D R E S S B O X ( 5 ' x 1 2 ' ) ( I n c l u d e s L o t \ P a r c e l ,
N a m e & A d d r e s s A t t r i b u t e ) ( 0 . 2 5 P e n )
2 5 R N E W 2 5 ' C U R B R A D I U S ( 0 . 5 0 P e n )
( 3 0 R , 3 5 R , 4 0 R )
O R D I N A N C E N O . 6 1 5 p a g e 1 5 7 o f 1 9 1
A s a m e n d e d a n d a p p r o v e d f o r f i r s t r e a d i n g b y C o u n c i l M a r c h 3 , 1 9 9 4 , p r i n t e d M a r c h 7 , 1 9 9 4
T�AFFI C BLOC
<S AND SYM3OLS
++
P�
BARR3 TYPE III BARRICADE (6' Wide)
STRIPE PAINTED LANE LINE
LEFT PAINTED REGULATORY PAVEMENT WORD
ONLY PAINTED REGULATORY PAVEMENT WORD
RIGHT PAINTED REGULATORY PAVEMENT WORD
STOP PAINTED REGULATORY PAVEMENT WORD
TURN PAINTED REGULATORY PAVEMENT WORD
ART PAINTED REGULATORY PAVEMENT SYMBOL
ALT PAINTED REGULATORY PAVEMENT SYMBOL
ATHRU PAINTED REGULATORY PAVEMENT SYMBOL
ARTT PAINTED REGULATORY PAVEMENT SYMBOL
ALIT PAINTED REGULATORY PAVEMENT SYMBOL
AALL PAINTED REGULATORY PAVEMENT SYMBOLS
(5 Lane Intersection Configuration)
ORDINANCE NO.615 page 158 of 191
As amended and approved for first reading by Council March 3, 1994, printed March 7, 1994
3LOC
,KS
AND SYV
3OLS LEGS\D
DB DECIDUOUS BUSH (Scale Per Actual Dia.) (0.25 Pen)
HEDGE DECIDUOUS HEDGE (Scale per Actual length and Width) (0.25 Pen)
TRUNK TREE TRUNK (Scale per Actual Trunk Dia.) (0.25 Pen)
DT DECIDUOUS TREE (Scale per Actual Drip Line) (0.25 Pen)
ET EVERGREEN TREE (Scale per Actual Drip Line) (0.25 Pen)
EH EVERGREEN HEDGE (Scale per Actual Length and Width) (0.25 Pen)
EB EVERGREEN BUSH (Scale per Actual Dia.) (0.25 Pen)
SEC SECTION CORNER (15'x15' with 2' Ends) (0.35 Pen)
3 1 Numbers Indicate the Order Section Numbers Are Input
1
SEC4 1/4 SECTION CORNER (15'x15' with 2' Ends) (0.35 Pen)
�2® Numbers Indicate the Order Section Numbers Are Input
,`gam N NORTH ARROW (0.35 Pen) (Not Shown To Scale)
(User's Style Arrow May Be Substituted)
ARR20 ARROW HEAD (2'x1') (For Dimensioning and Note Leaders) (0.35 Pen)
JIG ALTERNATE ARROW HEAD (2') (For Note Leaders) (0.35 Pen)
NOTE NOTE (6' Across and Note Number) (0.35 Pen) NU, ND, NL, NR,
NLD, NLU, NRD, NRU, NOTEALL (N=Note, L=Left, R=Right, U=Up, D=Down)
X FENCE (1' X's) (0.25 Pen)
Z REPRESENTS COMMON OWNERSHIP OF 2 OR. MORE LOTS OR PARCELS
(0.25 Pen)(5.5' Long with 1.5' Legs) `
V REPRESENTS ELEVATION OF TOP OF CURB ON PROFILE (0.25 Pen)
(Open End Indicates If Curb Is Right Or Left of Centerline) (2' V)
TRI CONTROL POINT AND PROFILE PI OF CURVE SYMBOL (3' Sides) (0.50 Pen)
PED PEDESTRIAN RAMP (4' Square, 3' Wings)
NEWPED NEW PEDESTRIAN RAMP (7' x 3' Throat, 5' Wings) (0.50 Pen)
CBRT, CBLT 6" STANDARD CURB AND 18" GUTTER (0.50 Pen)
ORDINANCE NO.615 page 159 of 191
As amended and approved for first reading by Council March 3, 1994, printed March 7, 1994
20'
NAME
SYMBOLS LEGEND
EXISTING CURB do GUTTER
EXISTING SIDEWALK (Section Into 10' Boxes)
NEW SIDEWALK (Randomly Set Dots)
NEW DRIVEWAY APPROACH (Width of S/W x Length Shown on Symbol, 3' Wings)
EXISTING DRIVEWAY APPROACH (Width of S/W x Length [Not Shown on Symbol], 3' Wings)
CAD PLAN & PROFILE _,YERS
COLOR LINETYPE
Topo (Exist. Topo, Profile, Storm Drain, Red N/A
Addresses, Subdivision Names)
CL (Centerline, Bearings, Survey Markers, Stationing) Black CL
PL (Property Lines, Subdivision Names, Addresses) Black PL
Util (Utilities) Green Continuous
Design (New CGS, Design Profile, Construction Ease— Cyan
ments) Varies
SD (New Storm Drains, Incl. Manholes de DI's) Magenta D10
Notes (Design Notes Only) Black N/A
ORDINANCE NO.615 page 160 of 191
As amended and approved for first reading by Council March 3, 1994, printed March 7, 1994
"
L I N E T Y P E S A N D S Y M B O L S
P . L
F N u m b e r s a r e i n F e e t f o r t h e P a r t i c u l a r
S c a l e o f D r a w i n g F L i n e t y p e N a m e s
E x i s t i n g P r o p e r t y L i n e ( 2 0 , - 2 , 2 . 5 , - 2 , 2 . 5 , - 2 ) 0 . 3 5 P e n P L
N e w P r o p e r t y L i n e ( 2 0 , - 2 , 2 . 5 , - 2 , 2 . 5 , - 2 ) 0 . 7 0 P e n P L
E a s e m e n t L i n e ( 2 0 , - 2 , D o t , - 2 , D o t , - 2 ) 0 . 7 0 P e n E A S E
L i m i t s o f C u t S l o p e ( 2 0 , - 2 , D o t , - 2 ) 0 . 7 0 P e n C U T
L i m i t s o f F i l l S l o p e ( D o t , - 2 , D o t ) 0 . 7 0 P e n
C . L C o n s t r u c t i o n o r S u r v e y ( 1 ' D i a . C i r c l e s A t 1 0 0 ' S t a t i o n s ) 0 . 3 5 P e n C L
S e c t i o n L i n e ( 3 0 , - 2 , 2 . 5 , - 2 , 2 . 5 , - 2 , 2 . 5 , - 2 ) 0 . 3 5 P e n S E C T I O N
N e w S t o r m D r a i n P i p e ( 1 0 , - 2 ) 0 . 7 0 P e n D 1 0
E x i s t i n g I r r i g a t i o n L i n e ( 3 , - 1 ) 0 . 3 5 P e n D 3
E x i s t i n g P o w e r L i n e ( C o n t i n u o u s L i n e ) 0 . 3 5 P e n
E x i s t i n g S t o r m D r a i n L i n e ( 3 , - 1 ) 0 . 3 5 P e n D 3
E x i s t i n g W a t e r L i n e ( C o n t i n u o u s L i n e ) 0 . 3 5 P e n
E x i s t i n g T e l e p h o n e L i n e ( C o n t i n u o u s L i n e ) 0 . 3 5 P e n
E x i s t i n g S e w e r L i n e ( C o n t i n u o u s L i n e ) 0 . 3 5 P e n
E x i s t i n g G a s L i n e ( C o n t i n u o u s L i n e ) 0 . 3 5 P e n
E x i s t i n g S p r i n k l e r L i n e w i t h H e a d s ( 3 , - 1 ) 0 . 3 5 P e n D 3
E x i s t i n g D i t c h o r F l o w l i n e ( 1 0 , - 2 , D o t . - 2 , D o t , - 2 , D o t , - 2 ) 0 . 3 5 P e n F L
N e w D i t c h o r F l o w l i n e ( 1 0 , - 2 , D o t . - 2 , D o t , - 2 , D o t , - 2 ) 0 . 5 0 P e n F L
E x i s t i n g E d g e o f P a v e m e n t o r G r a v e l ( C o n t i n u o u s L i n e ) 0 . 3 5 P e n
N e w E d g e o f P a v e m e n t o r G r a v e l ( C o n t i n u o u s L i n e ) 0 . 5 0 P e n
E x i s t i n g P r o f i l e d o X - S e c t i o n L i n e ( 1 0 , - 2 ) 0 . 3 5 P e n D 1 0
N e w P r o f i l e L i n e ( C o n t i n u o u s L i n e ) 0 . 7 0 P e n
N e w P r o f i l e G r a d e B r e a k ( T r i a n g l e A t B r e a k P o i n t ) ( C o n t i n u o u s L i n e ) 0 . 7 0 P e n
P . C . o r P . T . C e n t e r l i n e o r C u r b ( C o n t i n u o u s L i n e ) ( 1 ' D i a . C i r c l e )
P . C . o r P . T . P r o f i l e ( 2 ' D i a . C i r c l e ) ( C o n t i n u o u s L i n e ) 0 . 7 0 P e n
N e w R e t a i n i n g W a l l ( 1 0 ' , V e e ) 0 . 7 0 P e n V e e s A r e 3 ' W i d e x 1 . 5 ' H i g h
X N e w F e n c e 0 . 5 0 P e n C o n t i n u o u s L i n e W i t h 2 ' X ' s
x c x x E x i s t i n g F e n c e 0 . 3 5 P e n C o n t i n u o u s L i n e W i t h X ' s
O b j e c t L i n e ( D e t a i l E d g e s ) ( C o n t i n u o u s L i n e ) 0 . 7 0 P e n
H i d d e n L i n e ( D e t a i l H i d d e n L i n e s ) ( 3 , - 1 ) 0 . 3 5 P e n D 3
D i m e n s i o n L i n e & A r r o w L e a d e r L i n e ( C o n t i n u o u s L i n e ) 0 . 3 5 P e n
O R D I N A N C E N O . 6 1 5 p a g e 1 6 1 o f 1 9 1
A s a m e n d e d a n d a p p r o v e d f o r f i r s t r e a d i n g b y C o u n c i l M a r c h 3 , 1 9 9 4 , p r i n t e d M a r c h 7 , 1 9 9 4
CAD TEXT TYPES
TYPE STYLE/FONT SIZE PEN
Construction Notes Simplex/Romans 2' 0.35
Topography Text Simplex/Romans 2' 0.25
Profile Notes Simplex/Romans 2' 0.35
Property Line Text Simplex/Romans 2' 0.35
Subdivision Names Simplex/Romans 3' 0.70
Street Names Simplex/Romans. 4' 0.70
NOTES
1. All Electronic Autocad Files Shall be Ceated At A 1:1 Ratio
2. All Existing Topography and Notes Shall be Lighter Than
New Design Lines and Notes Which Shall be Heavier Black.
3. All Scale for Symbols Legends in Feet Refer to Standard
20 Scale Drawings, Other Scale Drawings, the Symbols Shall
be Proportionately Larger or Smaller On A Case by Case Basis.
4. Line Symbol Spacing In Parenthesis Refers to Autocad Format
for Creating Linetypes.
5. User Shall Verify that He Has Latest Revised Copy of This
Drawing.
6. Any Variations of These Symbols Shall be Addressed Prior to
Commencing With the Drafting Work Contracted With the
District.
Standards Have Been Created to Maintain a Uniformity and
—COil istency in the Interpretation and Readibifity of Construction
Drawings to Benefit Engineers, Draftsmen, Inspectors, Utilities,
Contractors, Suppliers and All Users.
8 References to colors, fonts, and pen sizes are illustrative, rather
than manditory.
ORDINANCE NO.615 page 162 of 191
As amended and approved for first reading by Council March 3,1994, printed March 7, 1994
3-27-060 LAND DEVELOPMENT DRAINAGE PLAN REQUIREMENTS
(A) Drainage Report Required.
1. A drainage plan and report prepared by a registered professional engineer is
required for all new subdivisions and commercial developments within the Planning
Jurisdiction.
2. This section is intended to define the basic criteria for drainage plans which shall be
subject to review and evaluation by the City or its retained consultants as may be
provided in Title II; Supplemental information may be requested. The design of
drainage facilities to handle development drainage can not be efficiently covered by a
set of rigid requirements. Each development and designer may have unique solutions
to their specific development project's needs. This section therefore outlines the
elements to be considered during planning and design to promote consistency in
drainage system design and evaluation.
3. Failure to provide required information will result in delays in processing applications,
and in appropriate cases, rejection of those applications by the Administrator.
(B) Content of Report. A drainage plan and report must address each of the following areas
furnishing all requested information. Submittals not providing the required information
will be returned without review.
1. Basin Characteristics.
a. Project Site.
b. Upstream contributing area.
c. Combined drainage areas:
d. Physical characteristics.
e. Existing drainage facilities impacted by the proposed development on the
site and downstream of the development.
2. Hydrological analysis of the project site and total drainage area (including upstream
tributary areas). Minimum design frequencies shall be based upon Table 1.
Rainfall intensities shall be based upon Figure 1. The report shall show all
calculations, assumptions, and methods.
3. Drainage Control Facilities.
a. The plan shall include a drainage plan showing all proposed drainage
facilities.
b. Final design submittal shall show detailed information of all proposed
drainage facilities and improvements.
4. Downstream Impacts.
5. Operation and Maintenance. A description of operation and maintenance
requirements must be included in the drainage plan and report. Items to be
discussed include access, maintenance procedures, safety procedures, operation
and control procedures, ownership, and any unique elements of the system.
3-27-070 TEMPORARY STORAGE AND MERCHANDISING FACILITIES NOT TO
BECOME PERMANENT.
(A) No owner shall maintain a temporary storage or merchandising facility, as defined in this
section, upon any property in the Planning Jurisdiction for a period of time in excess of 24
days during any 60 day period, unless within such 24 days such facility is brought into '
compliance with all standards of the relevant zoning district, including without limitation'
setbacks for structures, and parking requirements (whether or not such facility otherwise'
meets the definition of "structure"). No such facility shall be used in lieu of usable interior
ORDINANCE NO.615 page 163 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
working space of a commercial or industrial land use for more than 18 months during
construction of a permanent building.
(B) A temporary storage or merchandising facility shall not be installed so as to occupy
required parking.
(C) "Temporary storage or merchandising facility" includes, but is not limited to, tents, freight
trailers, freight containers, railroad box cars, or other storage units, which are being used
for storage of equipment or inventory, or used for the display and sale or rental of
equipment or merchandise; but does not include personal utility or boat trailers in a
residential district on the property of the owner of the same.
(D) This section shall, as should the balance of the Title, be given a construction in accord with
its evident purposes. For purposes of determining 24 days, for example, the interruption
of the storage or merchandising use of the facility shall not be considered an interruption of
the 24 day period unless accompanied by removal of the facility from the property, nor
shall the period be deemed interrupted by the moving of the facility from one location on
the property to another location on the property or adjacent properties of the owner.
ORDINANCE NO.615 page 164 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 28
NON -CONFORMING BUILDINGS, STRUCTURES AND USES
SECTION:
3-28-010. Nonconformities - Intent.
3-28-020. Nonconforming lots of record.
3-28-030. Nonconforming uses of land.
3-28-040. Nonconforming structures.
3-28-050. Nonconforming uses of structures.
3-28-060. Repairs and maintenance.
3-28-070. Uses permitted under conditional use provisions.
3-28-080. Nonconforming parking, loading, or other characteristics of use.
3-28-090. Continuity of prior conditional uses and variances.
3-28-100. Prior Land Use Decisions by Valley County
3-28-010. NONCONFORMITIES - INTENT.
(A) Within the zoning districts established under this Title or amendments that may later be
adopted, there may exist lots, structures, uses of land and structures, and characteristics of
use which were lawful before the effective date of the applicable regulations, but which
would be prohibited, regulated, or restricted under the terms of this Title or future
amendment. It is the intent of this Chapter to permit these nonconformities to continue until
they are removed, but not to encourage their perpetuation. It is further the intent of this
Chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be ,
used as grounds for adding other structures or uses prohibited elsewhere in the same
district. The foregoing is declared to have been the intent of Chapters 21 of the former
Titles III and IIIA of the McCall City Code, their inapt phraseology notwithstanding.
(B) Nonconforming uses are declared by this Chapter to be incompatible with permitted uses in
the districts involved. A nonconforming use of land or structure, or a nonconforming use
of land and structure in combination, shall not be extended or enlarged after passage of this
Chapter by the addition of other uses of a nature which would be prohibited generally in the
district involved.
(C) To avoid undue hardship, nothing in this Chapter shall be taken to prohibit completion of
construction of a structure for which a building permit has been issued which structure '
would have been conforming if Ordinance 615 had not been adopted, provided that j
construction has commenced and is diligently pursued to completion, and provided that
such building permit does not lapse.
(D) When the phrase "in this Title" is used in this Chapter, it shall not be deemed to include this
Chapter so as to make lawful what would not be lawful, but for this Chapter.
3-28-020. NONCONFORMING LOTS OF RECORD. In any district in which single
family dwellings are permitted, notwithstanding limitations imposed by Chapters 3-5 through 3-16
of this Title, a single family dwelling and customary accessory buildings may be erected on any lot
that was of record on the effective date of the applicable regulations. Setback and lot coverage
requirements applicable to those nonconforming lots of record shall be those of the zone with the
largest lot area requirement within which the lot would be conforming. A lot which fails to be
conforming in any zone shall maintain a front yard of 20 feet, side yards of 5 feet, rear yard of $
feet, and a maximum lot coverage of 50%.
3-28-030. NONCONFORMING STRUCTURES. Where a lawful structure existed on the
ORDINANCE NO.615 page 165 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
effective date of the applicable regulations, that could not be lawfully built under the terms of
current regulations, by reason of restrictions on area, lot coverage, height, yards, location on the
lot, or other requirements concerning the structure, such structure may be continued so long as it
remains otherwise lawful, subject to the following provisions:
(A) No such nonconforming structure may be enlarged or altered in a way which increases its
nonconformity, but any structure or portion thereof may be altered to decrease its
nonconformity:
(B) Should such nonconforming structure or nonconforming portion of structure be damaged
by any means to an extent of more than 50% of its replacement cost at time of destruction,
it shall not be reconstructed except in conformity with the provisions of this Title; provided,
that the owner of such structure may repair or reconstruct the same structure, and in the
process may alter it to decrease its nonconformity,
1. if within 18 months after the date of such damage or destruction the owner
commences such repair or reconstruction, and diligently prosecutes the work to
completion in accord with then applicable building codes; and;
2. if no other, permitted, and inconsistent structure was constructed on that site during
the stated period.
(C) Should such structure be moved for any reason for any distance whatsoever, it shall
thereafter conform to the regulations for the district in which it is located after it is moved.
(D) A residential structure in a residential zone may be enlarged, so long as the addition to the
structure conforms to all the requirements of this Title.
3-28-040. NONCONFORMING USES OF LAND. Where at the time of the adoption of
applicable regulations, lawful use of land existed which would not be permitted by the regulations
imposed by this Title, and where such use involves no individual structures other than small or
minor accessory buildings, the use may be continued so long as it remains otherwise lawful,
provided:
(A) No such nonconforming use shall be enlarged or increased nor extended to occupy a
greater area of land than was occupied on the effective date of the applicable regulations.
(B) No such nonconforming use shall be moved in whole or in part to any portion of the lot or
parcel other than that occupied by such use at the time of the adoption of applicable
regulations.
(C) If any such nonconforming use of land ceases for any reason for a period of more than
eighteen months, any subsequent use of land shall conform to the regulations specified by
this Title for the district in which such land is located; provided, however, that the owner of
such land may in a writing filed with the Administrator during or before such eighteen
months give notice that the owner intends to suspend the use and intends to preserve the
right later within a stated period not exceeding five years to resume the use, in which case
the use may be resumed if resumed within such stated period and if no other and permitted
use was made of the relevant premises or part thereof during the stated period.
(D) No additional structure not conforming to the requirements of this Title shall be erected in
connection with such nonconforming use of land.
3-28-050. USES PERMITTED UNDER CONDITIONAL USE PROVISIONS. A use '
existing on the effective date of the applicable regulations that is permitted as a conditional use in
the district in which it is located under the terms of this Title, shall not be deemed a nonconforming
use. Such use shall be considered to exist as a conditional use. The use shall not be expanded '
spatially or otherwise changed or intensified prior to the approval by the Commission of conditions
of approval for the use. The scope and conditions upon the conditional use shall be governed by
the Commission pursuant to Chapter 3-31; the Commission may after notice and hearing
recommend to the Council the imposition of conditions of approval.
ORDINANCE NO.615 page 166 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3-28-060. NONCONFORMING USES OF STRUCTURES. If lawful use involving ,
individual buildings or structures, or of structure and premises in combination, exists on the
effective date of the applicable regulations, that could not be lawfully commenced under the terms
of current regulations, the use may be continued so long as it remains otherwise lawful, subject to
the following provisions:
(A) No existing structure devoted to use not permitted by this Title in the district in which it is
located shall be enlarged, extended, constructed, reconstructed, moved, or structurally
altered except in changing the use of the structure to a use permitted in the district.
(B) Any nonconforming use may be extended throughout any parts of a building which were
manifestly arranged or designed expressly for such use on the effective date of the
applicable regulations, but no such use shall be extended to occupy any land outside such
buildings.
(C) Any structure and premises, in or on which a nonconforming use is superseded by a
permitted use, shall thereafter conform to the use regulations for the district, and the
nonconforming use may not thereafter be resumed.
(D) When a nonconforming use of a structure and premises is discontinued or abandoned for
eighteen months, the structure and premises shall not thereafter be used except in
conformity with the regulations of the district in which it is located; provided, however,
that the owner of such use may in a writing filed with the Administrator during or before
such eighteen months give notice that the owner intends to suspend the use and intends to
preserve the right later within a stated period not exceeding five years to resume the use, in
which case the use may be resumed if resumed within such stated period and if no other
and permitted use was made of the relevant structure and premises or part thereof during'
the stated period.
(E) Where nonconforming use status applies to a structure and premises, removal or
destruction of the structure shall eliminate the nonconforming status of the land.
"Destruction" for purposes of this subsection is defined as damage to an extent of more
than 50% of the replacement cost at time of destruction.
3-28-070. REPAIRS AND MAINTENANCE. On any nonconforming structure containing a
nonconforming use, work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent
not exceeding 10% of the current replacement cost of the nonconforming structure or portion of
structure as the case may be. Nothing in this Chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared to be unsafe by the Building
Official.
3-28-080. NONCONFORMING PARKING, LOADING, OR OTHER
CHARACTERISTICS OF USE. If the characteristics of a use, such as off-street parking, off-
street loading, lighting or other matters required by this Title in relation to specified uses of land;
water areas, structures or premises, are not in accord with this Title, no change shall be made in
such characteristics of use which increase nonconformity with such requirements. Change shall be
permitted in the direction of conformity to these requirements.
3-28-090. CONTINUITY OF PRIOR CONDITIONAL USES AND VARIANCES. Any
valid then "special use" or variance granted prior to March 24, 1994 shall be permitted to continue
in accordance with the terms and conditions of approval for such "special' (now known as
"conditional") use or variance.
ORDINANCE NO.615 page 167 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 29
MITIGATION OF EFFECTS OF DEVELOPMENT
(reserved for future legislation)
ORDINANCE NO.615 page 168 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
CHAPTER 30
VARIANCES
SECTION
3-30-010. Variance, Application and Standards for Variance
3-30-020. Expiration of Permit
3-30-030. Impact Statement
3-30-040. Procedures
3-30-010. VARIANCE, APPLICATION AND STANDARDS FOR VARIANCE. The
Planning Commission may recommend approval of a variance to the Council, after public hearing
in specific cases. Variances shall not be granted on the grounds of convenience or profit, and
hardships created by a former or present owner of the property will not justify a variance.
(A) A variance may be granted modifying the requirements of this Title respecting: lot width; lot
depth; front, side, and rear yard setbacks; lot coverage; parking space; height of buildings;
or other ordinance provisions affecting the size or shape of a structure or the placement of
the structure upon lots, or the size or shape of lots. A variance may not be used to authorize
a land use. Zoning map amendments, planned unit developments, and conditional use
procedures where authorized for the particular zone, are the only means of changing rules
respecting which land uses are lawful.
(B) A variance may be granted only upon the following findings by the Commission:
1. Special physical conditions and circumstances applicable to the land, structure or
building involved make a literal enforcement of the provisions of this Title an undue
hardship; provided that:
(a) economic hardship is not alone to be considered as an undue hardship; and
(b) the special conditions and circumstances are peculiar to the land, structure or
building involved, and are not applicable to other lands, structures or
buildings conforming to this Title in the vicinity; and
(c) that these special conditions and circumstances do not result from the
actions of an owner of the land; provided that for purposes of a variance as
to a building's characteristics a subdivider who is not the Applicant is not to
be considered an owner for these purposes;
and
2. Granting the variance would preserve for such property privileges enjoyed by other
property in the vicinity; provided that
(a) no nonconforming use of neighboring lands, structures or buildings in the
same district, and no use of lands, structures or buildings in other districts,
shall be considered a privilege enjoyed by other property in the vicinity;
(b) granting the variance requested will not confer on the applicant any special
privilege that is denied by this Title to other lands, structures or buildings in
the same district, and affected by the same conditions and circumstances;
and
3. Granting the variance would not be in conflict with the public interest and will not
alter the neighborhood's essential character or violate the Comprehensive Plan.
(C) In the event that a variance is granted, the restricting zoning regulation(s) shall be varied
ORDINANCE NO.615 page 169 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
only to the extent necessary to relieve the applicant of the immediate hardship; the existence
of hardship does not confer upon the applicant a right to a variance where the function of
the proposed construction can be achieved in a conforming fashion.
(D) To obtain a variance an Applicant shall first submit a written application for a variance to
the Commission containing:
1. Description of the nature of the variance requested.
2. A narrative statement demonstrating with specificity that the requested variance
meets each and every standard set out in subsection (B) above.
3. Payment of Fees. Fees shall be paid by the applicant at the time of filing an
application which shall include application/filing fees, publication fees and postage.
Fees shall be in accordance with a fee schedule established periodically by the
Council by Resolution.
4. List of Property Owners. A list of all affected property owners within 300 feet of
the subject parcel must accompany the application.
5. Survey. If the variance is sought by reason of surveyable conditions, a survey of
the lands in question by a registered professional surveyor showing that the
conditions exist.
A variance shall not be granted unless the Commission makes specific findings of fact
based directly on the particular evidence presented to it which support conclusions that the
standards and conditions have been met by the applicant.
In granting any variance, the Commission may prescribe appropriate conditions of approval
in conformity with this Title to reduce the impact of the variance. One such condition of !
approval shall be a stated date before which it must be exercised, or lapse.
3-30-020. LAPSE OF VARIANCE.
(A) Variances granted prior to March 24, 1994 shall lapse in accordance with the terms and
conditions of their approval. A variance for a structure, granted prior to March 24, 1994,
the conditions of approval of which had no stated date before which it must be exercised or
lapse, shall lapse only when and if:
P)
(E)
1. the variance has not been exercised and the Applicant has not changed position in'
reliance on the same; and
2. the variance related to construction of a structure at a time stated by the Applicant;
proof of that statement is in the record of the application, and 150% of the time
between the date of approval of the variance and the time stated by the Applicant has
passed without an application for a building permit having been submitted, and
without further application to the Commission.
(B) Variances granted after March 24, 1994 shall be exercised within 12 calendar months of the
date of City Council approval of the variance, unless otherwise provided in the conditions
of approval. An unutilized variance expires after such time has passed. This time limit shall
not be extended. In the event the permit lapses, the applicant must make a new application
for the permit.
3-30-030. VIOLATION OF CONDITIONS OF APPROVAL OF A VARIANCE. Violation
of the conditions of approval of a variance is a violation of this Title subject to civil and criminal
sanctions. The Council may, further, upon the recommendation of the Commission containing
findings of fact that the conditions of approval are being chronically violated, and in accordance
with the provisions for notice and hearing set forth in Chapter 32, revoke a variance or modify the
conditions of its approval.
3-30-040. IMPACT STATEMENT. The Planning Commission may require an impact
statement to be submitted prior to the issuance of any variance permit when there is an operation;
ORDINANCE NO.615 page 170 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
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
analyzed in the impact statement shall be indicated. .
3-30-050. PROCEDURES.
(A) An application for a variance shall be processed in accordance with Chapter 32.
(B)
Recordation of Variances. No variance shall be in effect until the City records in the Office
of the Valley County Recorder a notice substantially in the following form accompanied by
the Findings of Fact and Conclusions of Law of the Council:
NOTICE OF ZONING ACTION
On [date] the City Council of the City of McCall, having received the
recommendation of the Planning Commission, approved a variance to permit the
following described deviation from the McCall City Code, Title III:
[here insert details of the permission granted, e.g. "Side line set back
changed to 4.95 feet"]
This variance is applicable to the following described property:
[here insert either the legal description, or a reference to an Exhibit "A"
and attach one which has the legal description on it.]
The Findings and Conclusions of the Council are attached to this Notice as an
exhibit, and may contain conditions on the exercise of the variance. The records of
the process leading to this variance may be reviewed in the office of the City Clerk,
McCall City Hall, 216 East Park Street, McCall, Idaho, during normal business
hours.
A'1"!'EST:
Clerk
Mayor
The Applicant shall provide the necessary funds to the City to pay all fees charged by the
Recorder and a reasonable processing fee set by resolution of the Council.
ORDINANCE NO.615 page 171 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
CHAPTER 31
CONDITIONAL USE PERMITS
SECTION:
3-31-010. Application for a Conditional Use Permit
3-31-020. Environmental Assessment
3-31-030. Standards Pertaining to Conditional Use Permits
3-31-031 Conditional Use for Camps - Standards and
Application Content
3-31-040. Procedures
3-31-050. Expiration of Permit
3-31-010. APPLICATION FOR A CONDITIONAL USE PERMIT. An application for a
conditional 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 plan of the proposed development, including:
(a) a plot plan of the property, drawn to scale and stamped by a registered
professional surveyor;
(b) Relationship of proposed development use to the use indicated in the
comprehensive plan;
(c) The relationship of the property to the surrounding area;
(d) The plan of subdivision or re -subdivision, if any, drawn to scale and
stamped by a registered professional surveyor;
(e) Land uses, building location and number of dwellings units;
(0 The arrangement of streets, utilities, and other easements and pedestrian
ways, drawn to scale and stamped by a registered professional surveyor;
(g) The location of off-street parking spaces and loading or service areas,
drawn to scale and stamped by a registered professional surveyor;
(h) The location of public or communal open space, drawn to scale and stamped
by a registered professional surveyor;
(i) Plans for site grading and landscaping; and
(j) Plans for water supply, sewage disposal, storm water drainage and snow'
storage.
3. A narrative statement evaluating the effects on adjoining property of such elements
as noise, glare, odor, fumes and vibration; a discussion to the general compatibility
with adjacent and other properties in the district; and the relationship of the
proposed use to the Comprehensive Plan.
3-31-020. ENVIRONMENTAL ASSESSMENT. The Planning Commission may require an
environmental assessment to be submitted prior to the issuance of any conditional use permit when
there is an 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 an assessment, the precise nature of
the items to be included in the environmental assessment shall be indicated. The Commission may
require that the assessment be over the signature and stamp (where applicable) of one or more
individuals or firms with demonstrated professional competence to make such an assessment.
ORDINANCE NO.615 page 172 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
3-31-030. STANDARDS PERTAINING TO CONDITIONAL USE PERMITS.
(A) A conditional use permit shall be granted only if the Planning Commission finds that the.'
use, as applied for, in fact will:
1. constitute a conditional use authorized in the zoning district involved.
2. be harmonious with and in accord with the general objectives, and with any specific
objectives of the Comprehensive Plan and/or this Title.
3. be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or likely character of the neighborhood,
and that such use will not change the essential character of the surrounding area.
4. not be detrimental to the health, safety and general welfare of persons residing or'
working in the neighborhood of such proposed use.
5. not cause any substantially harmful environmental consequences to any land or
waters within the Planning Jurisdiction.
6. not create excessive additional public cost for public facilities and services, and will
not be detrimental to the economic welfare of the community.
7. be served adequately by essential public facilities and services including highways,
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools. The applicant may be required, as a condition of approval, to
mitigate any deficient public service.
8. not involve uses, activities, processes, materials, equipment or conditions of
operation that will cause unreasonable production of traffic, noise, smoke, fumes,
glare, odors or other forms of pollution.
9. have vehicular approaches .to the property so designed as not to create a detrimental
interference with traffic on surrounding public thoroughfares.
10. not result in the destruction, loss or damage of an important natural, scenic or
historic feature.
11. be on a site of sufficient size to accommodate the proposed use, including the
yards, open spaces, snow storage, walls, fences, parking areas, loading zones and
design standards applicable.
(B) The Commission may, after review of the application for a conditional use permit and
public hearing, require the applicant to meet any specific conditions of approval deemed
necessary by the Commission to protect the health, safety, general welfare and environment
of the community. Such conditions are not limited to, but may include:
1. Limitations on the hours of operation of the use;
2. Limitations on the length of time that the conditional use permit may be exercised'
before it will expire by its own terms;
3. Additional landscaping and building beautification; and/or,
4. Additional off-street parking.
5. Execution of a written agreement respecting construction of necessary
improvements similar in form and content to a Subdivision Agreement, with its
performance secured in the same fashion as performance of a subdivision
agreement.
(C) Upon recommending approval of a conditional use permit, the Planning Commission may
impose more restrictive standards than those generally required.
ORDINANCE NO.615 page 173 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3-31-031 CONDITIONAL USE FOR CAMPS -- STANDARDS AND
APPLICATION CONTENT
(A) A conditional use for a camp may be approved only if the Commission finds that the use;
as applied for:
1. Meets the general standards in Section 3-31-030; and
2. Will not have a permanent negative impact on those items listed below substantially
greater than that anticipated from permitted development:
(a) pedestrian and vehicular traffic circulation and safety;
(b) the demand for and availability of public services and facilities;
(c) disruption of enjoyment of neighboring properties by excessive noise;
(d) environmental pollution or contamination to air and water resources;
(e) the maintenance of compatible and efficient development patterns and land
use intensities.
(B) The application for a conditional use for a camp shall include the following materials and
information, in lieu of those set out in Section 3-31-010:
1. Legal description of the property.
2. A plan of the proposed development, including:
(a) the location within the parcel of the activity areas, and, with respect to each
such area:
(1) the activities to occur in it, and the approximate hours during which
such activities are projected to occur; "activity" for these purposes
means any human activity or conduct during operation of the camp;
(2) the total amount of building floor area, if any, of the fixed facilitie's
(classrooms, chapels, dining halls, health facilities, offices, commissary
buildings, shop buildings, shower and sanitary buildings, and the like)
to be included within it, and what those facilities are; if such facilities
will be visible from lands exterior to the parcel, either the design of such
facilities is to be included in the application, or the application shall .
consent to mandatory design review for approval at such later time as
design is accomplished, and prior to the issuance of any building permit
for the same;
(3) the total number of projected occupants in each activity area at any
one time;
(4) sanitary facilities, including showers and toilets; where interior to a
fixed facility, so indicate and show the number of each;
(b) principal drainage systems or drainage requirements;
(c) circulation elements; the arrangement of streets, utilities, and other
easements and pedestrian ways;
(d) open space, and maintenance of open space;
(e) such other items as may be planned, whether or not described in this Section;.
(f) Relationship of proposed development use to the use indicated in the
comprehensive plan;
(g) The relationship of the property to the surrounding area; and proposed rules
for the setback of activity area perimeters and fixed facilities from the
exterior boundary of the parcel;
(h) The location of off-street parking spaces and loading or service areas;
ORDINANCE NO.615 page 174 of 191 .
As passed and approved by Council March 24, 1994, printed March 25,1994
(i)
G)
Plans for site grading and landscaping of areas visible from public roads;
Plans for water supply, sewage disposal, storm water drainage and snow
storage; if use of public facilities such as water or sewer is anticipated, the
estimate volume of consumption or discharge, as the case may be, on peak
days and at peak hours; and
(k) The peak number of persons projected to be on the parcel at any one time,
and the average daily population, if different.
3. A narrative statement evaluating the effects on adjoining property of such elements
as noise, glare, odor, fumes and vibration; a discussion of the general compatibility
with adjacent and other properties in the vicinity; and the relationship of the
proposed use to the Comprehensive Plan.
4. A narrative statement describing the clientele of the camp, that is, the intended
benefited persons, such as youth members of a Scouting organization, or members
of a church parish or denomination; and
5. A statement that no activity will be carried on where the generation of profit is a
principal purpose; thus, a camp approved as a conditional use is not permitted to
operate a de -facto motel or tourist facility; nothing in this paragraph is intended to
limit a camp in operating a trading post for the sale of snacks, personal use items;
uniforms, equipment, and the like, to campers.
3-31-040. PROCEDURES.
(A) Upon receipt of an application for a conditional use permit, the Planning Commission shall
proceed in accordance with the provisions set forth in Chapter 32, Procedure and Appeal.
(B) Recordation of Conditional use permits. No conditional use permit shall be in effect until
the City records in the Office of the Valley County Recorder a notice substantially in the
following form accompanied by the Findings of Fact and Conclusions of Law of the
Council:
NOTICE OF ZONING ACTION
On [date] the City Council of the City of McCall, having received the
recommendation of the Planning Commission, approved a conditional use permit to
permit the following described use:
[here insert details of the permission granted, e.g. "multifamily
housing"]
This conditional use permit is applicable to the following described property:
[here insert either the legal description, or a reference to an Exhibit "A"
and attach one which has the legal description on it.]
The Findings and Conclusions of the Council are attached to this Notice as an
exhibit, and may contain conditions on the exercise of the conditional use permit.
The records of the process leading to this conditional use permit may be reviewed in
the office of the City Clerk, McCall City Hall, 216 East Park Street, McCall, Idaho,
during normal business hours.
Mayor
ORDINANCE NO.615 page 175 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
Al 'EST:
Clerk
The Applicant shall provide the necessary funds to the City to pay all fees charged by the Recorder
and a reasonable processing fee set by resolution of the Council.
3-31-050. EXPIRATION OF PERMIT.
(A) Conditional Use Permits (special uses) granted prior to March 24, 1994, shall expire in
accordance with the terms and conditions of their approval. A conditional use granted prior
to March 24, 1994, the conditions of approval of which had no stated date before which it
must be exercised or expire, shall expire only when and if:
1. the conditional use has not been exercised and the Applicant has not materially
changed position in reliance on the same; and
2. the conditional use related to commencement of a use at a time stated by the i
Applicant, proof of that statement is in the record of the application, and 150% of
the time between the date of approval of the conditional use and the time stated by
the Applicant has passed without further application to the Commission.
(B) Conditional Use Permits granted after March 24, 1994 shall be conditioned upon exercise
within 12 calendar months of the date of City Council approval, unless the Council finds
that it is manifestly unreasonable to impose that short a time limit and imposes a longer,
also specific time limit. An unutilized conditional use permit shall automatically expire after
such time has passed. The time limit shall not be extended by amendment of existing
conditions of approval. A continuation of a conditional use beyond the stated expiration
date may only be permitted upon an application by the applicant according to the substance
and procedure for a new conditional use.
ORDINANCE NO.615 page 176 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
CHAPTER 32
PROCEDURES, APPEALS AND ACTION
BY AFFECTED PERSONS
SECTION;
3-32-010. Applicant; General Procedures
3-32-020. Notice of Public Hearing
3-32-030. Conduct of Hearings
3-32-040. Action by the Planning Commission
3-32-050. Notification to Applicant
3-32-060. Action by the Council
3-32-070. Request for Hearing by Affected Persons
3-32-080. Judicial Review
3-32-010. APPLICANT; GENERAL PROCEDURES. The Applicant for a variance, a i
conditional use permit, a planned unit development, or approval of a subdivision must be an owner
of the property affected, with written authority to represent all other owners (excluding for these
purposes secured creditors as such), or be an agent of such owners with written authority, or some
combination of the foregoing encompassing all owners. Upon receipt or initiation of an application
for an amendment of this Title, a zoning map amendment (except a legislative rather than quasi-
judicial revision of the zoning map, such as that accomplished by Ordinance 615), a variance, a
planned unit development, or a conditional use permit, or upon receipt of an appeal by affected
persons, a subdivision application, or a request to vacate an easement or right of way, the
following procedures in this Chapter apply.
3-32-020. DATE. AND NOTICE OF PUBLIC HEARING.
(A) The date for public hearings shall be fixed by the Chairman of the Commission within a
reasonable time and in no event shall the date be set later than 75 days after the receipt of
the application and all necessary documents pertinent thereto. Notwithstanding the absence
of a quorum of the Commission at the time set for a particular hearing, members of the
Commission present may by public announcement at the time and place of the hearing
continue that hearing to a time and place where a quorum is anticipated to be present,
exercising the power of the Chair to set the time of hearing, and thus utilizing actual notice
to those who responded to public notice. Further public notice of such a continued hearing
need only be given by posting on the front door of City Hall.
(B) The Planning Commission shall give public notice at least 15 days prior to the hearing date
in the official newspaper of the City. Notice shall be made available to all radio stations
within the County for use as a public service announcement.
C) Notice shall also be given by regular U. S. mail or personal delivery to each owner of
property, any of which is located within 300 feet of the exterior boundary of the subject
property, and to 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 information as may be prescribed by the
Planning Commission. If the City is the Applicant for modification or revocation of a variance
or conditional use, such notice shall also be sent to the owner of the subject property by
certified mail, return receipt requested, and delivered by hand to the occupant of the property.
If an Applicant is not the owner of all of the property affected by the application, as a zoning
map amendment initiated by some but not all owners of the property affected, such notice shall
also be sent to the owner of the subject property by certified mail, return receipt requested.
ORDINANCE NO.615 page 177 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
(D) Notice shall be posted conspicuously on the premises which is the subject of the
application, not less than one week prior to the hearing date.
(E) When notice of a hearing on a proposed zoning map amendment, conditional use, variance,
planned unit development, or other zoning action is required to two hundred or more
property owners or purchasers of record, notice otherwise required by subsections (C) and
(D) above need not be given, provided that the published notice under subsection (B) above
includes a map identifying the property together with text indicating the general nature of
the zoning change proposed.
(F) Fees shall be paid by the applicant at the time of filing an application. Fees shall be in
accordance with a fee schedule established periodically by the Council by resolution. These
fees shall include costs of publication, mailing fees, any application fees and other charges
as may be set by the Council by resolution.
3-32-030. CONDUCT OF HEARINGS
The Commission shall conduct all public hearings under this Title as follows:
(A) A sign -in roster shall be kept at the entrance to the hearing room for all persons who wish
to testify at the hearing on a particular application or issue.
(B) The chair of the meeting shall conduct the hearing in accordance with the Robert's Rules of
Order, Newly Revised.
(C) A transcribable record shall be taken and maintained.
(D) The chair shall call upon the Administrator or staff to make preliminary presentation of facts
and recommendations of the executive branch.
(E) Following the close of the presentation by Administrator or staff, the Chair shall invite the
applicant to make a presentation of evidence to the Commission.
(F) Every document or tangible thing referred to by any person during testimony (including
charts, maps, photographic evidence or any other evidence) shall be marked and entered
into the record of the proceeding. Such exhibits shall be maintained at the office of the City
Clerk during the appeal period, and if incorporated into or referenced by a condition of
approval, thereafter for as long as necessary to ensure conformance. No exhibit shall be
used or presented by an applicant as expressing the applicant's intent or promise, unless the
applicant intends that compliance with that exhibit may be made a condition of the approval
of the application.
(G) After the Administrator or staff presentation and testimony by the applicant, the Chair shall
open the hearing for public testimony and shall invite the public to address the Commission
in the order of names found on the sign -in roster. If in the opinion of the Chair the number
of persons testifying is so large as to unduly delay the process of the hearing, the Chair
may limit public testimony to three minutes for each member of the public. The public
hearing may be continued upon motion to a date certain which shall be announced to the
public there assembled.
(H) All persons testifying before the Commission shall state, for the record, their full name and
address.
(I) Members of the Commission or the Attorney assigned to advise the Commission may
question any person who testified at any time or may, upon approval of a majority of the
members present, recall a person for further testimony.
(J) Before the close of the public testimony, the Chair shall ask if any person attending the
hearing who did not sign the roster wishes to be heard and any such person shall be given
one opportunity to testify.
(K) At the close of public testimony the Chair shall solicit comments from Administrator or
staff for additional facts or clarifications as a result of the testimony given. After comments
ORDINANCE NO. 615 page 178 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
from Administrator or staff, the applicant or appellant shall be given an opportunity to
address final comments to the Commission.
(L) After all testimony, the Chair shall declare the public hearing closed and shall bring the
matter back before the Commission for discussion and action. Audience participation
ceases at that time. The discussion and decision may be deferred until another date certain
which shall be then announced to the public there assembled.
3-32-040. ACTION BY THE PLANNING COMMISSION. Within 30 days after the pubhc
hearing, the Commission shall recommend to the Council either approval, conditional approval, or
disapproval of an application1 or, in the case of preliminary approval of a subdivision plat, make its
decision to approve or not to approve such plat, with or without conditions. Upon making a
recommendation, granting or denying an application, the Commission shall specify in the minutes,
and forward to the Council, findings of fact and conclusions of law which shall include:
(A) The ordinance and standards used in the evaluation of the application;
(B) The manner in which the applicant complies or does not comply with the standards used in
evaluating the application;
(C) The reasons for the recommendation upon, or approval or denial of the application, and
(D) The conditions, if any, upon which a recommendation or an approval was made. j
3-32-050. NOTIFICATION TO APPLICANT. Within 10 days after a recommendation has
been made or a decision has been rendered, the Administrator shall provide the applicant with
written notice of the action.
i
3-32-060. ACTION BY THE CITY COUNCIL.
((A) Within 45 days after receipt of a recommendation and findings of fact and conclusions of
law from the Commission, the Council shall hold a public hearing at which interested
persons shall have the opportunity to be heard, except when:
1. The recommendation is for a variance, subdivision, planned unit development, or
conditional use permit; and
2. The Commission recommended that no second hearing be held; and,
3. No appeal of the Commission's action is filed.
When these three conditions are met, the Council may act on the Commission's
recommendation without conducting a second hearing.
(B) If a hearing before the Council is required, notice shall be given to the public at least 15
days prior to the hearing date, by publication, in the official newspaper of the City. Notice
shall also be made available to all radio stations within the County.
(C) Notice of the hearing shall be given by regular United States mail or personal delivery to
each owner of property, any portion of which is within 300 feet of the subject property,
and to such other persons as may be required by State law. The notice shall give the date;
time and place of the hearing; the names(s) of the applicant(s); the relief sought; an
identification of the subject property; and, such other information as may be required by the
Council. Notice shall also be posted conspicuously on the subject property not less than
one week prior to the hearing date. When notice of a hearing on a proposed zoning map
amendment, conditional use, variance, planned unit development, or other zoning action is
required to two hundred or more property owners or purchasers of record, notice by mail
and by posting as stated above need not be given, provided that the published notice under
subsection (B) above includes a map identifying the property together with text indicating
the general nature of the zoning change proposed.
(D) When a second hearing is required under any circumstances, the applicant shall pay a
second filing fee, in addition to the postage and publication fees for the second hearing.
ORDINANCE NO.615 page 179 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3-32-070. APPEAL OR REQUEST FOR HEARING BY AFFECTED PERSONS.
(A) Definitions. The term "affected person" means one having an interest in real property which
may be adversely affected by the issuance or denial of a permit, or zoning map amendment
under this Ordinance.
(B) An affected person may appeal the Commission decision, or request a hearing on the
Commission recommendation, by filing a notice of appeal or request for hearing in writing
with the City Clerk no later than 10 days after the Commission action. When such notice of
appeal or request is received, proceedings before the Council shall be on the record made
below. A notice of appeal shall set out with particularity the decision or part thereof from
which the appeal is being taken, and whether or not facts found by the Commission are
disputed by appellant.
(C) The Council shall hold a hearing on the appeal and the application appealed within 45 days
of the request and shall follow the hearing procedures established in Section 3-31-050.
When there is no required hearing, the Council shall put the matter down on its agenda
upon a date certain for the consideration of written and oral arguments; notice of such
hearing shall be provided to appellant no later than fifteen days before the hearing; should
appellant desire to file written arguments, appellant shall do so no later than five days prior
to the hearing.
(D) Stay of Proceedings. An appeal or request for hearing stays all proceedings in furtherance
of the action appealed from unless, after the notice of appeal or request for hearing is filed,
the Council finds that by reason of the facts stated in the application, a stay would cause
imminent peril to life and property.
(E) After the hearing has been held, the Council may:
1. Grant or deny the appeal or the permit; or
2. Delay such decision for no longer than 30 days after the hearing date for further
study or hearing; provided, however, that the Council must render a decision no
later than 30 days from the date of the hearing.
3-32-080. ADMINISTRATIVE APPEALS. An affected person aggrieved by a decision by
the Administrator under this Title may appeal such decision to the Commission. Procedure upon
such an appeal shall follow that under Section 3-32-070, read with "Commission" being
substituted for "Council."
3-32-090. JUDICIAL REVIEW. An affected person aggrieved by a decision under this Title
may, within 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 Section 67-5216,
Idaho Code.
ORDINANCE NO.615 page 180 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
CHAPTER 33
CODE AMENDMENT PROCEDURES
SECTION
3-33-010 General Regulations
3-33-020 Initiation of Zoning Code Amendments
3-33-030 Procedures
3-33-010. GENERAL REGULATION. The City Council may, after receipt of a
recommendation from the Planning Commission, and subject to procedures provided by law,
amend, supplement, or repeal any part of this Title.
3-33-020. INITIATION OF ZONING CODE AMENDMENTS. Amendments to this Title may
be initiated in one of the following ways:
(A) By adoption of a motion by the Planning Commission.
(B) By adoption of a motion by the Council.
3-33-030. PROCEDURES. The Commission and Council shall proceed in accordance with
the procedures outlined in Chapter 32.
ORDINANCE NO.615 page 181 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
CHAPTER 34
AMENDMENT OF ZONING MAP
3-34-010. Zoning Map Amendments
3-34-020. Contents of Application
3-34-030. Procedures
3-34-040. Re submission of Application
3-34-050. Zoning Upon Annexation
3-34-060. Development Agreements
3-34-010. ZONING MAP AMENDMENTS. Amendments to the zoning map may be
initiated by the Council, or by the Commission, or also by persons who have an existing majority
interest by area in the property proposed to be rezoned by the amendment, as follows:
(A) An application shall be filed in triplicate.
(B) The applicant may be required to submit an Environmental Assessment prior to approval of
a zoning map change, when in the judgment of the Commission the change would permit
operations, materials, or activities which would constitute a potential threat to public health,
safety and welfare or to the quality of the environment. When requiring such an
assessment, the precise nature of the items to be included in the environmental assessment
shall be indicated. The Commission may require that the assessment be over the signature
and stamp (where applicable) of one or more individuals or firms with demonstrated
professional competence to make such an assessment.
(C) Upon receipt of a request for amendment to the Zoning Ordinance, or for amendments of
the zoning map, the Planning Commission shall:
1. Determine if the proposed change would also 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 a public hearing and subsequently make recommendations
to the Council for approval or denial of the request in accordance with the
provisions set forth in Chapter 32, Section 3-32-030, Procedures, Appeals and
Action by Affected Persons.
3-34-020. CONTENTS OF APPLICATION. Applicants for amendments to the
Comprehensive Plan and/or zoning map shall contain at least the following information:
(A) Name, address and telephone number of applicant.
(B) Proposed amending ordinance and map, approved as to form by the City Attorney.
(C) Present land use.
(D) Present zoning classification.
(E) Proposed use by reason of which map amendment is sought.
(F) Proposed zoning classification.
(G) A vicinity map at a scale to sufficiently illustrate the property in question and surrounding
properties, road 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.
ORDINANCE NO.615 page 182 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
5. Other items as the Commission may require.
(H) A list of all property owners and their mailing addresses, owning property any part of which
is within, or within 300 feet of, the external boundaries of the land being considered.
A statement how the proposed changes relate to the Comprehensive Plan, availability of
public facilities and compatibility with the surrounding area.
An Environmental Assessment, in the event requested by the Commission, complying with
Section 3-34-010 (B) of this chapter.
(K) Fees shall be paid by the applicant at the time of filing an application. Fees shall be in
accordance with a fee schedule established periodically by the Council by resolution.
(L) Such further information shall be submitted as the Commission, upon examination of the
application, may require.
3-34-030. PROCEDURES. Upon receipt of an application to amend the zoning map, the
Commission shall proceed in accordance with the procedures outlined in Chapter 32.
3-34-040. RESUBMISSION OF APPLICATION. No application for a zoning map
amendment which amendment has been denied by the Council shall be resubmitted in either
substantially the same form or with reference to substantially the same premises within a period of
one year from the date of such final action, unless there is an amendment in the Comprehensive
Plan which results in a change in conditions applying to the specific property under consideration.
3-34-050. ZONING UPON ANNEXATION. Prior to annexation of an unincorporated area, the
Council shall request and receive a recommendation from the Commission respecting the potential
zoning of the unincorporated area. Both the Planning Commission and the Council shall follow the
notice and hearing procedures provided in Idaho Code 67-6509 for hearing the issue of zoning upon
annexation. Concurrently, or immediately following the adoption of annexation, the Council shall
amend as necessary the Comprehensive Plan and Zoning Map.
3-34-060. DEVELOPMENT AGREEMENTS. A rezoning may be made upon the condition
that the applicant and the property owner, if a different person, make one or more written
commitments concerning the use or development of the subject parcel, as follows:
(A) Subject to the remainder of this Section, a zoning map amendment may include and be
subject to a written Development Agreement setting out commitments by the applicant and
the owner of the property that restrict structures, or the use of land or structures, to a
greater degree than otherwise provided for a use district applied by the amendment.
(B) A written Development Agreement may include commitments for one or more of the
following purposes:
1. to prohibit structures, or uses of land or structures, that would adversely affect the
surrounding neighborhood or conflict with the Comprehensive Plan.
2. to conform the zoning map amendment to the Comprehensive Plan.
3. to conform development under the zoning map amendment to existing patterns of
development in the surrounding neighborhood.
4. to mitigate the adverse effects of development under the zoning map amendment on
the surrounding neighborhood and on public facilities and services.
5. to narrow the permitted uses in the zoning district to the end that what is permitted
to occur is that which is represented by the applicant to be the purpose of the
amendment.
(C) A Development Agreement shall set out commitments to do one or more of the following:
1. limit residential density; or prohibit structures, or uses of land or structures,
otherwise permitted in a use district;
2. require compliance with design standards for structures and other site features;
(I)
(J)
ORDINANCE NO.615 page 183 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3. require compliance with a site plan approved by the Council either in conjunction'
with the rezoning or under the procedures for a conditional use;
4. require the construction and installation of improvements, including public '
improvements; or
5. impose time limits for taking subsequent development actions.
(D) A use district subject to a development agreement shall be identified on the zoning map by
the suffix "DA," and the number of the ordinance applying the development agreement.
(E) Where a commitment in a development agreement conflicts with any less restrictive
provision of this title, the commitment governs.
(F) The Development Agreement may be suggested by the applicant as part of the application
for the zoning map amendment, or may be suggested by the Commission or Council. No
development agreement may be imposed without the consent of both the owner of the
property and the Council. The negotiation of a Development Agreement, and its signature
by the applicant and the owner, does not commit the Council to the adoption of the zoning
map amendment; a zoning map amendment subject to a Development Agreement, in turn,
shall not be effective until such time as all parties have signed the Development Agreement,
and a Notice of Development Agreement has been recorded.
(G) The Development Agreement shall take the form of a written contract between the owner;
the applicant (if not the owner), and the City of McCall, setting out the commitments in a'
form satisfactory to the Administrator and the City Attorney. When executed, a Notice of
Zoning Action shall be recorded at the Applicant's expense in the office of the Recorder for
Valley County in substantially the following form:
NOTICE OF ZONING ACTION
On [date] the City Council of the City of McCall, having received the
recommendation of the Planning Commission, approved a Development Agreement
containing commitments by the owner of the following described property
constraining development:
[here insert details of the permission granted, e.g. "Use to be for a small
retail store only"]
This Development Agreement is applicable to the following described property:
[here insert either the legal description, or a reference to an Exhibit "A"
and attach one which has the legal description on it.]
The Findings and Conclusions of the Council are attached to this Notice as an
exhibit, and may contain a deadline for the implementation of the Development
Agreement. The records of the process leading to this Development Agreement may
be reviewed in the office of the City Clerk, McCall City Hall, 216 East Park Street,
McCall, Idaho, during normal business hours.
Mayor
A'1"1'EST:
Clerk
The Applicant shall provide the necessary funds to the, City to pay all fees charged by they
Recorder and a reasonable processing fee set by resolution of the Council.
ORDINANCE NO.615
As passed and approved by Council March 24,1994, printed March 25,1994
page 184 of 191
(H)
m
(J)
A Development Agreement may be modified, or terminated, only in accord with notice and
hearing according to the procedures for a conditional use.
A breach of a Development Agreement by the owner or occupant of the affected land is a`
violation of this Title.
A Development Agreement is not intended to foster speculation. A Development
Agreement shall terminate, and the zoning map amendment of which it is a part shall be
reversed, upon the expiration of a therein stated time during which the rezoning was to
have been exercised in accord with the Development Agreement, without such an exercise
having been made. Such a non -exercise, or a failure by the owner to meet conditions in the
Development Agreement, is by the Idaho Code a consent of the owner to a rezone of the
subject parcel to the zone in which it was classified prior to the zoning map amendment
which gave rise to the Development Agreement. In the event of such a rezone, nothing
located or done on the subject parcel shall thereby be deemed a nonconforming use or
structure (as opposed to an illegal use or structure), unless itwas a nonconforming use or
structure prior to the zoning map amendment which gave rise to the Development
Agreement.
ORDINANCE NO.615 page 185 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
CHAPTER 35
ENFORCEMENT
SECTION:
3-35-010. General
3-35-020. Compliance by Issuers of Permits
3-35-030. City Enforcement
3-35-040. Civil Enforcement
3-35-050. Investigations
3-35-060. Penalties
3-35-010. GENERAL. The enforcement of this Ordinance shall apply equally to each person and
property in similar circumstances; it shall not, however, be a defense to any particular enforcement
action, that some one or more other persons or properties similarly situated are not the subject of
enforcement action.
3-35-020. COMPLIANCE BY ISSUERS OF PERMITS. All departments, officials, and
public employees of the City vested with the duty or authority to issue permits, shall conform to the
conditions of this Ordinance, and shall issue no permit, certificate, or license for the use of land,
buildings, or purposes, in conflict with the provisions of this Ordinance and such permit, certificate,
or license issued in conflict with the provisions of the Ordinance shall be null and void ab initio.
3-35-030. ENFORCEMENT. Whenever it appears to any person, including but not limited to
the Building Official, Planning and Zoning Staff, Commission Members, the Council, the Valley
County Prosecuting Attorney, City Attorney, Valley County Sheriff, or City Police that any person
is engaging in or about to engage in an act or practice violating any provisions of this Title, the
person should orally or in writing notify the Administrator or the Administrator's office. The
Administrator with the assistance of staff, the appropriate law enforcement agency and attorney, shall
cause an investigation to be made of the alleged violation, as the Administrator deems advisable
under the circumstances.
(A) The Administrator or the Administrator's Staff, or the appropriate law enforcement agency,
have the authority to:
1. Conduct a program of continuing surveillance and of regular or periodic inspection
of potential or actual violations.
2. Enter, at all reasonable times after an application for a building permit or for a
permit under this Title has been received, upon any private or public property for
the purpose of inspecting it or to ascertain whether there is or has been a violation
of this title, a permit, or other ordinances relating hereto.
(B) If an investigation discloses that there is a reasonable basis for believing that a violation
exists, the Administrator or the Administrator's staff, or the appropriate law enforcement'
agency, shall follow the following procedure:
1. Issue and serve upon the person alleged to have violated this ordinance a written
notice. This notice shall specify the provision of this ordinance, variance or permit
which has been violated; the extent and manner in which the ordinance, variance or
permit has been violated, and the procedure for the person to contest the allegation.
A copy of this notice shall be delivered to the City Attorney.
2. If a hearing is requested by the person in writing within seven days of the service of the
notice, then the Administrator shall schedule a settlement conference with said person
within seven days from the time that the Administrator has been served with said
request for a hearing. The administrator shall also schedule within 21 days a hearing
before the Commission on said notice.
ORDINANCE NO.615 page 186 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
3. If the allegations of the notice cannot be resolved in the above mentioned settlement
conference, the matter shall be submitted for hearing before the Commission. If the
matter can be resolved, then the agreement shall be ratified or rejected by the
Commission.
4. If the agreement reached by the Administrator in the settlement conference is
rejected, then a hearing on the notice shall be held within 21 days of the rejection by
the Commission.
5. The conduct of the hearing on the notice shall be as set forth in Chapter 32.
6. The Commission shall render its decision, including proposed findings and facts'
and conclusion of law within seven days from the date of the hearing.
7. After the decision of the Commission as set forth in paragraph 6, any party has the
right to appeal the decision to the Council.
8. The City Council shall have the right to hear the appeal from the Commission in the
same manner as set forth in Section 3-32-060.
(C) If the preventive or corrective measure is not taken in accordance with the settlement
agreement, commission decision, or order of the Council, then the person in violation of
said agreement, commission decision or order of the Council shall be liable for a civil
penalty not to exceed $1,000.00 per day beginning with the time fixed for the taking of the
preventive or corrective measure set forth in the agreement, commission decision or order
of the Council.
If the circumstances of the violation of the ordinance, permit, or variance constitute an
emergency creating conditions of immediate danger to the public health, the Administrator
shall immediately notify the Commission, the Council and the appropriate attorney. The
Council may institute a civil action for immediate injunction to seek any relief deemed
appropriate under the circumstances as well as a civil penalty not to exceed $1,000.00 per
day.
The Administrator shall consider in any imposition of a civil penalty the following factors:
1. The nature of the violation.
2. Whether the violation was disclosed to the Administrator or staff prior to its
detection.
3. Whether the violation was corrected without Administrator or staff action.
4. The cost of enforcing and investigating the violation.
5. Whether the violation was an isolated occurrence or a multiple offense.
6. Whether there is an undue risk of future violations during the remaining
construction phase of the permit.
7. Whether a fine under the circumstances would serve as a deterrent to this person or
other persons similarly situated.
8. Whether there were grounds tending to excuse or justify the violation.
9. Whether the person was cooperative and willing to correct the violation.
(F) At any stage of the proceedings, any person to whom a notice has been served may waive
the formal proceedings and enter into a settlement agreement with approval of the Council.
The entry of the City into a settlement agreement under this Chapter approved by the
Council shall constitute administrative res judicata and bars any assertion by the City that
acts or omissions of the person entering into such settlement agreement with the City,
which acts or omissions are approved in the settlement agreement, violate provisions of this
Title in effect on the date of such settlement agreement; provided, however, that such
settlement agreement is performed by that person, and provided that the assent of the City
(D)
(E)
ORDINANCE NO.615 page 187 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
to such settlement agreement was not procured by bribery, misrepresentation, fraud, or
other illegal influence.
(G) Nothing in this ordinance or this section shall preclude the Council from any other legal or
equitable remedy available.
(H) The City Council and the Board of County Commissioners shall determine from time to
time whether enforcement of this Ordinance in Court as to the Impact Area should be
entrusted to the office of the City Attorney or the office of the Valley County Prosecuting
Attorney, and the matter having been so decided, such Attorneys shall take all necessary
steps to effectuate that decision.
3-35-040. CIVIL ENFORCEMENT. Nothing in this ordinance shall preclude the Council
from instituting any cause of action against any person nor any relief legally available under the
circumstances.
3-35-050. INVESTIGATIONS. Any applicant for a variance, conditional use, planned unit
development, or map amendment, by filing the related application consents to inspection of the
subject property by the Administrator or the Administrator's staff at all reasonable times, and by
the Commission during and in the context of a hearing, for the purpose of ascertaining the
completeness and accuracy of factual assertions in the application; and any person claiming the
benefit of an approved variance or conditional use consents to inspection of the subject property by
the Administrator or the Administrator's staff at all reasonable times for the purpose of inspecting
or investigating whether or not the property and use are in compliance with conditions of approval
and this Title.
3-35-060. PENALTIES
(A) Criminal Penalties shall be as follows:
1. Each violation of this Title, or of the conditions of approval of a variance, planned
unit development, or conditional use, and each day of each such violation, shall be
considered a separate criminal offense.
2. Each person acting as a principal, and each person acting as an agent, violating this
Title, or the conditions of approval of a variance, planned unit development, or
conditional use, shall be responsible for the criminal offense.
3. Each criminal offense shall be a misdemeanor punishable by a fine or imprisonment
or both, in accordance with Idaho Code Section 18-113 and Title 5 of the McCall
City Code.
(B) Civil Penalties shall be as follows:
1. Each violation of this Title, or of the conditions of approval of a variance, planned
unit development, or conditional use, and each day of each such violation, shall be
considered a separate civil offense.
2. Each person acting as a principal, and each person acting as an agent, violating this
Title, or the conditions of approval of a variance, planned unit development, or
conditional use, shall be responsible for the civil offense.
3. Each civil offense shall be punishable by a civil penalty not to exceed $1,000.00 per
day or per violation, whichever is greater.
4. The City shall also be entitled to recover, in any action for a civil penalty, its actual
costs of investigation, enforcement, and mitigation, together with interest, court
costs, and attorneys fees at the prevailing hourly rate for attorneys practicing law in
McCall, notwithstanding that the City Attorney is salaried, at the option of the City.
ORDINANCE NO.615 page 188 of 191
As passed and approved by Council March 24,1994, printed March 25,1994
Section 2. Planning Reports. Title II, McCall City Code, is amended by
adding thereto the following sections 2-2-4 to 2-2-7 at the end thereof:
2-2-4. PURPOSE. The purpose of this and the succeeding three sections is to
ensure the effective administration and enforcement of Title III.
2-2-5. RESPONSIBILITY. The responsibility for the preparation of a planning
report shall be assigned to the Administrator designated by the City Manager for the
administration of Title III. The applicant is responsible for furnishing all necessary
information to the Administrator.
2-2-6 CONTENTS OF A REPORT. A planning report shall address the following
items:
(A) Current zoning of the land;
(B) The proposed use of the land;
(C) The comprehensive plan designation of the land;
(D) All development standards addressed in the applicable zone, including density,
setbacks, parking requirements, drive way access, and landscaping;
(E) All supplementary regulations and general development standards set forth
elsewhere in Title III; and
(F) Certifications from all relevant agencies that they have found no matters that require
further attention.
2-2-7 PROCEDURES.
(A) The Administrator shall provide forms and instructions for the applicant to use in
furnishing the necessary information.
(B) Upon receipt of an application for a building permit, the Building Official shall
transmit to the Administrator or the Administrator's designee, maps, drawings, site
plans and other information requisite to complete the planning report.
(C) The Administrator shall notify any or all of the relevant agencies which may require
the applicant to obtain other permits for the project or which subject the project to
other governmental regulation. These agencies may include any or all of the
following: The Idaho Department of Lands, The Payette Lakes Water and Sewer
District, The McCall Rural Fire District, The Idaho Department of Transportation,
the Valley County Engineer, the Valley County Sheriff, the Central District Health
Department, and others. If the project is in whole or part within the Planning
Jurisdiction, the Administrator shall notify the Police Chief, Fire Chief, Public
Works Director, and any other office which is impacted by the proposal.
If the planning report reveals that the proposed construction would not violate Title
III, the Administrator shall, in writing, advise the Building Official of that fact, and
a copy of the report shall be placed in the building permit file.
If the planning report reveals that the proposed construction would violate Title III,
the Administrator shall so advise the Applicant and the Building Official in writing,
shall counsel the Applicant to amend the plans to comply with Title III, and in the
event the Applicant fails or refuses to conform the plans to Title III, shall advise the
Applicant that variance or conditional use permit procedures exist under Title III
which may or may not be applicable and should be reviewed by the Applicant.
No building permit may be issued until compliance with the provisions of this
Chapter have been certified by the Administrator and a favorable planning report
entered in the building permit file. The certification by the Administrator under this
subsection shall constitute administrative res judicata, and shall bar the any
(D)
(E)
(F)
ORDINANCE NO.615 page 189 of 191
As passed and approved by Council March 24, 1994, printed March 25, 1994
assertion by the City that acts of the person engaged in the project under the
building permit, which acts are expressly called out in the approved plans, violate
provisions of Title III in effect on the date of such certification; provided such
certification was not procured by bribery, misrepresentation, fraud, or other illegal
influence.
Section 3. Section 2-1-12 of the McCall City Code is repealed and re-enacted
to read as follows:
2-1-12 ZONING AND SI'I'h DEVELOPMENT:
(A) No building permit shall be issued or authorized unless the work or project is in
compliance with zoning and subdivision ordinances of the City.
(B) A planning report shall be prepared as provided in Chapter 2 of this Title.
(C) Surveys.
1. Every applicant for a building permit shall submit with the application an
actual survey of the property showing the proposed improvement, prepared
in a workmanlike manner and stamped by a surveyor. The surveyor shall
certify that the corners of the property have been recovered and marked so
as to permit their ready view by the Building Inspector. Such marking shall
be maintained in good order by the owner until final completion of the
building envelope. The Building Inspector may waive the requirement that
the site plan be prepared by a surveyor when in the Building Inspector's
discretion the Building Inspector determines there is no possibility of
encroachment into a setback. The Building Inspector may require the owner
to employ the surveyor to stake the location of the setback lines on the
property in the vicinity of the proposed construction, and all such setback
stakes shall be preserved until the building envelope is complete. When in
the Building Inspector's judgment it is desirable, the Building Inspector
may require an as -built survey of the foundation and its location on the lot to
be submitted demonstrating compliance with setback requirements prior to
the erection of any other part of the building envelope.
2. On request of the surveyor, the Administrator under Title III of this Code
shall advise the surveyor what the applicable setbacks are for the building
shown on the plans; the surveyor may rely on written information in this
regard from the Administrator. In such a case the Administrator shall also
furnish a copy of the site plan from the plans to the surveyor. If the
building on the land is with respect to exterior dimensions or orientation on
the lot materially not the building on the plans (for two examples, 65 feet
long rather than 60 feet long, or long axis built E - W rather than N - S), the
surveyor shall so advise the Administrator in order that the Administrator'
may revise the determination of applicable setbacks.
(D) In this section "building envelope" means the footings, foundations, exterior walls,
roof, and any other part of the building, such as but not limited to eaves and decks,
projecting beyond any of the foregoing.
Section 4. Savings Clause. The repeal of former Titles III and IIIA shall not
affect any "Special Use" or "Variance" granted under such former Titles. Any "Special
Use" or "Variance" approved or denied under such former titles shall be considered a
"Conditional Use" or "Variance" approved or denied under Title III as enacted by this
ordinance; this Section 4 does not, however, make a conforming use out of any non-
conforming use. Uses not permitted by the former Titles III and IIIA, but existing on the
dates of their enactment or upon the date of inconsistent zoning action under those
ORDINANCE NO.615 page 190 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
Titles, are declared nonconforming uses as of the dates of their enactment.
Section 5. Effective Date. This Ordinance shall be in full force and effect
from and after its passage, approval and publication as required by law; except that
the effective date of the repeal of Title IIIA and of the application of this Ordinance to
the Impact Area shall be the date of the concurrence of the Valley County
Commissioners in the adoption of this Ordinance as to the Impact Area. The City
Attorney of the City of McCall is authorized to substitute) in the text of this Ordinance
prior to publication at the point where reference is made to the date of this Ordinance
or of this Title, the below date when this Ordinance was passed and approved by the
City Council.
Passed and approved March 24, 1994.
ATTEST:
L�
Arthur J. Sch "dt, City Clerk
1 This substitution has been made, March 25, 1994.
Dean Martens, Mayor
ORDINANCE NO.615 page 191 of 191
As passed and approved by Council March 24, 1994, printed March 25,1994
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
ss
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
r
2. That the attached Ordinance No. l0%S is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on /% �1/ , 192Y, and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this o? j 7 day of
_ , 19 9y.
Arthur J. Schmidt, City Clerk
(Seal of the City)
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Bobette S. Steffler, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING -ORDINANCE 615, a copy of which is
enclosed hereto and is a part hereof, was published in said newspaper once a
week for one consecutive k-in t#te regular and entire issue of every
number ther= • • . g the period of time o publication, and was published in
the_newspape %roper and not -in - supplemelnt; and that publication of such
mice be - J ly 30, 1 92 and en • July 30, 1992.
scribe
STATE O
COUNTY OF VALL
is the 30th day of July, 1992.
On this 30th day of July, in the year of 1992, before me, a Notary
Public, personally appeared Bobette S. Steffler, 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.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
/ NOTICE OF PUBLIC HEARING
'ORDINANCE 615
On August 18, .1992, at 7:00 P. M. or as
soon thereafter as the matter may be
heard, the Planning and' Zoning
Commissionof the City of McCall, 'and
the Planning and Zoning Commission of ,
the City of McCall' for the Area of City
Impact will jointly hold a public hear-
; mg at 216 E. Park Street, McCall, Idaho
(that .is, at City Hall, in the American,
Legion meeting room) , to consider
ORDINANCE 615, AN ORDINANCE .
OF THE CITY OF MCCALL, IDAHO,
REVISING AND RECODIFYING. THE
PLANNING ` AND ZONING
•ORDINANCES;, AND PROVIDING
�- AN EFFECTIVE DATE.. Such Ordinance
would if enacted apply both to the City •
of McCall and, to the; City of McCall
Area of 'City Impact. Copies' of such
Ordinance are available for inspection
�• at McCall City Hall front desk, the
McCall Public Library, And the McCall
Chamber of Commerce. A copy is also at
Dodgge/, Jupin .Graphics, 305 Park Street,
McCall, for those who wishto have a
! copy made for their own use at their own
expense.,
The proposed Ordinance addresses
the topics set out in the following table
of contents; provides for administration
' of the ordinance; establishes permitted,
conditional; and pprohibited uses in each
zoning district, the subdivision require-
ments, process, and security for perfor- '
mance; and procedures, appeals, and en-
forcement:
Section 1, zoning ordinance
CHAPTER TITLE
•1 PLANNING AND ZONING COM-
MISSIONS
2 ZONING
3 ZONING MAP
4 DEFINITIONS
5 ZONE R-10
6 ' ZONE R-5
7 ZONE R=1
8 ONE A, LOW DENSITY RESIDEN-
LTIAL_ _ -_
9 ZONEB, MEDIUM DENSITY RESI-
DENTIAL
10 ZONE CB, -CENTRAL BUSINESS
DISTRICT
11 ZONE C, COMMERCIAL 48
12 ZONE GC, GENERAL COMMER-
CIAL
13 ZONE I, INDUSTRIAL
14 ZONE NW, NAVIGABLE WATER
15 ZONE SL, SHORELINE AND
RIVER ENVIRONS
16 ZONE SR, SCENIC. ROUTE DIS-
TRICT
17 PAYETTE LAKES WATER AND .
SEWER DISTRICT
18 FLOOD HAZARD AREAS
19 MODULAR HOUSING .
20 MOBILE•HOMES AND MOBILE
HOME SUBDIVISIONS AND PARKS
21 SUBDIVISION REGULATIONS
22 PLANNED UNIT DEVELOPMENT
-23 COMPREHENSIVE PLAN
24 .SIGNS
25 PARKING REGULATIONS
26 AIRPORT ZONING
27 GENERAL DEVELOPMENT
STANDARDS
28 NON -CONFORMING BUILD-
INGS,
STRUCTURES AND USES
29 MITIGATION OF EFFECTS- OF
DEVELOPMENT
(Reserved for Future Use)
30 VARIANCES .
i'31 CONDITIONAL USE PERMITS .
32 PROCEDURES, APPEALS AND
ACTION
33 CODE AMENDMENT PROCED-
URES
34 AMENDMENT OF ZONING MAP
35 ENFORCEMENT
Section 2 PLANNING REPORTS
Section ' 3, ZONING AND SITE
DEVELOPMENT
Section 4. SAVINGS CLAUSE
Dated: July 28,1992
Sue Harley, •
Planning and Zoning Clerk 1t7/30.
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Bobette S. Steffler, being duly wiforn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING - ORDINANCE 615, a copy of which is
enclosed hereto and is a part hereof, was published in said newspaper once a
week for one consecutive 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_bega July 2, 992 and ended Jbly 2, 1992.
Subscribed and sworn bethis the 2nd day of July, 1992.
STATE OF IDA)=I
COUNTY OF VALLEY
On this 2nd day of July, in the year of 1992, before me, a Notary
Public, personally appeared Bobette S. Steffler, 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.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
PUBLIC HEARING
ORDINANCE 615
On JULY 23, 1992, at 7:00 P. M. or as
soon thereafter as the matter may be
I heard, the Mayor and Council of the
• City of McCall will hold a ublic hear-
ing at 216 E. Park Street, McCall, Idaho
(that is, at City Hall, in the American
Legion meeting room) to consider
ORDINANCE 615, AN ORDINANCE
OF THE CITY OF MCCALL, IDAHO,
' REVISING AND RECODIFYING THE
PLANNING AND ZONING
ORDINANCES; ADOPTING A
, ZONING MAP; AND PROVIDING AN
EFFECTIVE DATE. Such meeting may,
but need not be, a joinbmeeting with the
Board of County Commissioners of
Valley County. Such Ordinance would
if enacted apply both to the City of
McCall and to the City of McCall Area
' of City Impact. Copies of such
Ordinance are available for inspection
at McCall City Hall front desk, the
McCall Public Library, and the McCall
Chamber of Commerce. A copy is also at
Dodgge/Jupin Graphics, 305 Park Street,
McCall, for those who wish to have a
copy made for their own use at their own
expense.The Mayor and Council will
also hold a public hearing on the
ZONING MAP recommended by the
Joint City and Impact Area Planning
Commissions, and their recommended
BOUNDARY FOR THE CITY OF
•MCCALL AREA OF CITY IMPACT.
Such maps are available for inspection
at City Hall, but do not lend themselves
to duplication.
The proposed Ordinance addresses
the topics set out in the following table
of contents; provides for administration
of the ordinance; establishes permitted,
conditional, and prohibited uses in each
zoning district, the subdivision require-
ments, process, and security for perfor-
mance; and procedures, appeals, and en-
forcement:
Section 1, zoning ordinance •
CHAPTER TITLE
1 PLANNING AND ZONING COM-
MISSIONS
2 ZONING
3 ZONING MAP
4 DEFINITIONS
5 ZONE R-10
6 ZONE R-5
7 ZONE R-1
8 ONE A, LOW DENSITY RESI-
DENTIAL
9 ZONE B, MEDIUM DENSITY RESI-
DENTIAL
10 ZONE CB, CENTRAL BUSINESS
DISTRICT
11 ZONE C, COMMERCIAL 48
12 ZONE GC, GENERAL COMMER-
CIAL
13 ZONE I, INDUSTRIAL
14 ZONE NW, NAVIGABLE WATER
15 ZONE SL, SHORELINE AND RI-
VER ENVIRONS
16 ZONE SR, SCENIC ROUTE DIS-
TRICT -
17 PAYETTE LAKES WATER AND
SEWER - DISTRICT
18 FLOOD HAZARD AREAS
19 MODULAR HOUSING
20 MOBILE HOMES AND MOBILE
HOME SUBDIVISIONS AND PARKS
21 SUBDIVISION REGULATIONS
22 PLANNED UNIT DEVELOPMENT
23 COMPREHENSIVE PLAN
24 SIGNS
25 PARKING REGULATIONS
26 AIRPORT ZONING
27 GENERAL DEVELOPMENT
STANDARDS
28 NON -CONFORMING BUILDINGS, '
STRUCTURES AND USES
29 MITIGATION OF EFFECTS OF
DEVELOPMENT
(Reserved for Future Use)
30 VARIANCES .
31 CONDITIONAL USE PERMITS
32 PROCEDURES, APPEALS AND '
ACTION
33 CODE AMENDMENT PROCE-
DURES i
34 AMENDMENT OF ZONING MAP
35 ENFORCEMENT
Section 2 PLANNING REPORTS
Section 3, ZONING AND SITE
DEVELOPMENT
Section 4. SAVINGS CLAUSE
Dated: June 26,1992
Arthur J. Schmidt, Clerk It7/2
z
1_
I
2 I /
----.11/3,;_
I
O. d
--Z.1
0/-8
0/ -
[
2 1
-3t)
VD
J
•
e•
r„
zezz
7744,
"
P " e >
B
'
I A
P I
\
" 4 >
k - 5 -
P - I
R - r o
"
5 (
•
•
0/ -
-
I r
,
5
Z
a
G
\f-
Fin
R-/
I r 1
f•t„.A.,Lp , 1
- - "
1.
• • k
"fr
'••••••••_ N1'1
••=-;:r4gg'{
LET
'
•
'
•-•
-7""
-
•=, y.1 Nt.-
, 4 ;.•:
P