HomeMy Public PortalAboutOrd. 670 - Amending the Zoning OrdinanceORDINANCE NO. 670
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO ZONING;
AMENDING THE ZONING ORDINANCE AS TO PERMUTED, CONDITIONAL,
AND PROHIBITED USES, AND DEVELOPMENT STANDARDS, IN ZONES R-10,
R-5, AND R-1; AS TO DEVELOPMENT STANDARDS IN ZONE A; AS TO
CONDITIONAL USES IN ZONE I; AS TO FENCES, AND DRY CABINS; AS TO
TECHNICAL MATTERS RELATING TO WATERFRONT SETBACKS, SCENIC
ROUTE DISTRICT PROPERTY ALTERATION REVIEWS, RECORD OF SURVEY
ELIGIBILITY, STREET STANDARDS, AND SIGNS; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. The McCall City Code Section 3-5-020 relating to Zone R-10 is amended to
read as follows:
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.
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.
(F) Home occupations.
Section 2. The McCall City Code Section 3-5-040 relating to Zone R-10 is amended to
read as follows:
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.
Operable farm machinery, and other operable vehicles intended for on -site use and
not required by the State to be licensed shall not be considered in violation of this
paragraph. Within the Impact Area no more than two inoperable motor vehicles
may be stored while being actively worked upon toward becoming operable;
provided that nothing herein shall be construed to prevent the application of any
Valley County ordinance which addresses such a motor vehicle: where both
(F )
ORDINANCE NO.670 printed June 30, 1995 page 1 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8,1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
ordinances can apply, both shall: where the application of one precludes the
application of the other. the County ordinance shall apply.
(C) Any use not listed above as a permitted or conditional use.
Section 3. The McCall City Code Section 3-5-060 relating to Zone R-10 is amended, so
as to include matter previously cross-referenced and otherwise, to read as follows:
3-5-060. DEVELOPMENT STANDARDS.
(A) Lot Area: 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,-009 435.600
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 395,999 135,600 square feet.
(B) For any permitted use in this District:
1. Land coverage by any buildings 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 adversely
the amount of water, sediments or pollutants introduced to any stream,
waterway or waterbody in the Payette River Basin. Natural drainages
shall be maintained. Nothing in this paragraph shall be read to prohibit
mitigation or decreasing of existing man -caused impacts.
(C) Lot Width:
fa) Minimum lot frontage width shall be-78-300 feet at the set back line; the
average lot width shall not be less than 100375 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.
(D) Lot Length: The length of any lot shall not be greater than three times the
average width.
(E) Buildings: No more than one dwelling unit per lot shall be permitted. No
accessory structure shall exceed-1-0-15 feet in height at the eaves.
(F) Setback Requirements: ,
standards shall be the same as specified in Scction 3 8 060, Zonc A Low
ccccccory buildings shall not apply.
(a) No portion of a building shall be closer than 20- 30 feet to the right-of-way
line of a street, nor closer than 10 feet to the right-of-way line of an alley.
Lb) 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. 670 printed June 30, 1995 page 2 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
(G) Maximum Building Height: The maximum height of all buildings shall be 35 feet.
(H) Minimum Distance Between Buildings: The minimum distance between detached
dwelling -units- buildings on separate lots shall be ten feet: the minimum distance
between detached dwelling -units- buildings on the same lot shall be 20-10 feet.
(I) 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-49-10% 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.
(J) 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.
(K) Fences:
1. Sight obscuring -Ffences 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.
(Mj) Sewer Service: 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.
Section 4. The McCall City Code Section 3-6-020 relating to Zone R-5 is amended to
read as follows:
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.
ORDINANCE NO. 670 printed June 30,1995 page 3 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall. Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30,1995 (meeting of June 29th).
(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 twe-one 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.
Home occupations.
(G)
Section 5. The McCall City Code Section 3-6-040 (B), part of Prohibited Uses, relating
to Zone R-5, is amended to read as follows:
(B) Outdoor storage of junk, including without limitation inoperable or unlicensed motor
vehicles, used appliances, building and construction debris, and auto parts.
Operable farm machinery. and other operable vehicles intended for on -site use and
not required by the State to be licensed shall not be considered in violation of this
paragraph. Within the Impact Area no more than two inoperable motor vehicles
may be stored while being actively worked upon toward becoming operable;
provided that nothing herein shall be construed to prevent the application of any
Valley County ordinance which addresses such a motor vehicle: where both
ordinances can apply. both shall: where the application of one precludes the
application of the other. the County ordinance shall apply.
Section 6. The McCall City Code Section 3-6-060 relating to Zone R-5 is amended, so as
to include matter previously cross-referenced and otherwise, to read as follows:
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
195,000 217,800 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 195,000 217.800 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 adversely
the amount of water, sediments or pollutants introduced to any stream,
waterway or waterbody in the Payette River Basin. Natural drainages
shall be maintained. Nothing in this paragraph shall be read to prohibit
mitigation or decreasing of existing man -caused impacts.
ORDINANCE NO. 670 printed June 30,1995 page 4 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCa11 Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30,1995 (meeting of June 29th).
(C) Lot Width:
(a) Minimum lot frontage width shall be-78-200 feet at the set back line: the
average lot width shall not be less than 100 250 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.
(D) Lot Length: The length of any lot shall not be greater than three times the
average width.
tE) Buildings: No more than one dwelling unit per lot shall be permitted. No
accessory structure shall exceeds 15 feet in height at the eaves.
(F) Setback Requirements: ,
other development standards shall be the same as specified in Section 3 8 060,
(a) No portion of a building shall be closer than-2 .30 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.
(G) Maximum Building Height: The maximum height of all buildings shall be 35 feet.
(H) Minimum Distance Between Buildings: The minimum distance between detached
buildings on separate lots shall be ten feet: the minimum distance
between detached dwelling -units buildings on the same lot shall be 2-9-10 feet.
(I) 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 15% 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.f) 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.
ORDINANCE NO. 670 printed June 30, 1995 page 5 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
(K) Fences:
1. Sight obscuring 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.
(L) Waste Collection: Trash -and waste collection containers shall be fenced or
screened from public view. After July 1, 1901, any containers in violation of this
(SAL.) Sewer Service: 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.
Section 7. The McCall City Code Section 3-7-020 relating to Zone R-1 is amended to
read as follows:
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. A principal use of one lot on
which there is no dwelling. such as a garage. which use in fact is an accessory
use to the residence on another lot in common ownership and within 125 feet
measured at the nearest points, may be considered an accessory use for these
purposes.
(C) 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-1
zone as an accessory use. providing that
(i.) such keeping was established as a use prior to March 24. 1994: or
(ii) the lot provides at least one acre in size per large animal such as horses
or cows• or
(iii) it is so provided in the approval of a conditional use;
provided that commercial feed Tots. 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.
(D) Home occupations.
Section 8. The McCall City Code Section 3-7-030 (A) relating to Zone R-1 is amended
to delete the matter lined through as follows, and all succeeding subsections to be
renumbered accordingly:
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)
other typical farms a als , largo or domcoticatcd wild a aln, large
animals such as horscs and cows, shall be limited to five acre or larger tracts.
ORDINANCE NO. 670 printed June 30, 1995 page 6 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCa11 Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
accessory use to the residence on an adjacent lot in common ownership, may be
considered an acccssory use for these purposes.
Section 9. The McCall City Code Section 3-7-060 relating to Zone R-1 is amended, so
as to include matter previously cross-referenced and otherwise, to read as follows:
3-7-060 DEVELOPMENT STANDARDS.
(A) Within any single plat the minimum lot area shall be 35,00043.560 square feet,-
r,royidc d that the n c tot a ..ithin n ch plat a pin er exeendo 37 500
sgaarect; 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-3-739043,560 square feet.
(G)�. 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.
(C) Lot Width:
1. Minimum lot frontage width shall be 100 feet at the set back line: the
average lot width shall not be less than 100120 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.
2. The pole section of a flag lot shall not be less than 30 feet in width nor
more than 150 feet in length.
(D) Lot Length: The length of any lot shall not be greater than three times the
average width.
(E) Buildings: No more than one dwelling unit per lot shall be permitted. The total
combined square footage of accessory buildings such as detached garages,
N_Qcuch accessory structure shall exceed
1-0.15 feet in height at the eaves.
(F) Setback Requirements:
Zonc A Low Density Residential, except that the limitation on the total square
fa) No portion of a building shall be closer than-20-30 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.
(G) Building Height Maximum: The maximum height of all buildings shall be 35 feet.
ORDINANCE NO. 670 printed June 30, 1995 page 7 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
(H) Minimum Distance Between Buildings: The minimum distance between detached
dwelling -units buildings on separate lots shall be ten feet: the minimum distance
between detached dwelling -unite buildings on the same lot shall be 2010 feet.
(I) 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.
(J) 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.
(K) Fences:
1. Sight obscuring 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.
(L) Waott`oCe,lle�n. Traoh and ,. nntn collection nontaincrn ohall be fonccd r.
c
''��11 ����crrccncd from public view. Aftcr July 1, 1904, any containcrs in violation of this
(ML) Sewer Service: 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.
Section 10. The McCall City Code Section 3-8-060 (B) relating to Zone A is amended to
read as follows:
(B) Lot Width:
1. Minimum lot frontage width shall be 75 feet at the set back line; the
average lot width shall not be less than 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.
ORDINANCE NO. 670 printed June 30, 1995 page 8 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
2. The pole section of a flag lot shall not be less than 30 feet in width nor
more than 150 feet in length.
Section 11. The McCall City Code Section 3-8-060 (D) relating to Zone A is amended to
read as follows:
3-8-060. DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES
AND LOTS.
(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 1-0-12 feet in height at the eaves. An accessory
building shall have the same exterior finishing colors and textures as the principal
dwelling to which it is accessory. unless some other design or materials are
approved by the Planning Commission under the procedures for a conditional
use: provided, that if the dwelling roof does not comply with fire mitigation
standards. materials which do meet those standards may be substituted. Council
approval shall not be necessary in the absence of an appeal.
Section 12. Section 3-13-030 of the McCall City Code is amended to read as follows:
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.
(C) Planned unit development.
(D) Industry, extractive.
(E) Radio, TV and telephone relay stations.
(F) Wrecking yards.
(G) Retail stores where a logical extension of retail uses onto land proximate to lands
in the C - Commercial, GC - General Commercial. or CB - Central Business
District. but only if without threatening impairment of the existence of an
adequate. industrially zoned, vacant land inventory.
Section 13. The McCall City Code Section 3-27-020 (M), (N) and (R), relating to
General Development Standards, are amended to read as follows:
3-27-020. GENERAL REQUIREMENTS.
(M) 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 perimeter or pasture fencing in
Zones R--10, R-5, or R-1.
1. a fence around paste 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.s-afe declared a
nuisance and a public hazard to children and arc prohibited in all zoning
districts. and where existing shall be promptly removed: and barbed wire is
ORDINANCE NO. 670 printed June 30, 1995 page 9 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
declared a nuisance and a hazard to children in or bordering Zones A and B and
in or bordering any residential development platted or developed with a density
r r h n n to r ro cr
and where existing shall be promptly
removed unless approved as a conditional use after March 24, 1994. Where
such residential development occurs after August 11. 1994. such a bordering
barbed wire fence may be removed and replaced by the developer with some
other fencing adequate to contain livestock. The maintenance of such new fence
shall be provided for through a homeowners association cooperating with the
landowner on the other side of the fence.
(N) Antennas, where ground mounted, including also satellite dishes, and any
antenna regardless of mounting method transmitting at a power of 5 watts or
more. require a building permit and must meet all applicable FCC standards.
(R) Dry cabins, that is, dwellings without piped -in potable water and approved sewer,
are prohibited. An accessory building containing sleeping quarters. such as a
children's bunkhouse. adjacent to a residence with piped -in potable water and
approved sewer, is not a dry cabin. A residence the water service to which has
been discontinued for non-payment of the water bill under Title 6 of the McCall City
Code. if it continues to be occupied more than briefly after the discontinuance of
service, shall also be considered a dry cabin. Occupancy of a dry cabin is a public
health hazard. a public nuisance. and is prohibited: and the violation shall be
considered committed by each of the adult members of the household.
Section 14. The McCall City Code Section 3-15-040 (B) 3. (c), relating to the setback
from the water in the Shoreline and River Environs overlay District, is amended
to read as follows:
3-15-040. REQUIREMENTS FOR DEVELOPMENT.
(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-er-higli-wate-r-ma4 and fifty feet from the stream high
water mark. Fencing shall not extend below such lake water pool shore contour
or stream high water mark, and access along the beach below such lake water
pool shore contour or stream high water mark shall be unobstructed, except 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. Setbacks
shall be measured along a line perpendicular to a line tangent to the nearest
point so determined on the lake water pool shore contour or stream high water
mark, without regard to the spatial relationship between that nearest point and
any boundary lines of the lot in question.
Section 15. The McCall City Code Section 3-16-030, as it relates to review of
development in the Scenic Route District is amended in pertinent part to read as
follows:
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 uocc set out in
subsection (G) below. No building permit shall be issued, nor any such construction
undertaken, until approval of the site plan.
ORDINANCE NO. 670 printed June 30, 1995 page 10 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
(G) If the construction relates to a new commercial or industrial building. or the
enlargement of an existing such building; or to a new residential building of 5.000
square feet or more, or covering more than 30% of the lot on which located. or to
an enlargement of an existing residential building which is (or as a result of the
enlargement will be) larger than that: the procedure followed shall be identical to
that for a conditional use. If the construction relates to a sign, and In other cases
not specifically addressed in the preceding sentence. the procedure shall be to
submit the matter to the Commission for review without public hearing or notice
other than agenda notice. No approval by Council is required in either case
unless there is an appeal to Council from the decision of the Commission. If the
construction relates to the modification of an existing, previously approved sign.
the procedure shall be to submit it to the Administrator for review. Approval is
required in any event.
Section 16. The McCall City Code Section 3-21-030 (C) relating to use of the record of
survey approach to City approval of divisions of land that do not merit use of full
subdivision procedures, is amended in pertinent part to read as follows:
(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 signed by all owners and 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, , and the applicable
Comprehensive Plan, and each lot or parcel within the proposed
survey either meets lot street frontage. width and depth
requirements of the applicable zone or is no less conforming in
each such regard than is the single. existing lot of record: or
(c) Two or more lots of record are being combined; or
(d) Two or more lots of record are shown. and lots are being
combined and/or divided in such fashion that the lot sizes would
be proper were the land the subject of a formal subdivision of no
areater extent. and each lot or parcel within the proposed survey
either meets lot street frontage, width and depth requirements of
the applicable zone or is no less conforming in each such regard
than are the lots of record.
(dg) 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 party and which the
Administrator concludes in the Administrator's discretion was
maintained to evade these regulations; or
ORDINANCE NO. 670 printed June 30, 1995 page 11 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCa11 Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
(eft) 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-iRelueled lot
of record on June 1, 1992.
(g) The proposal is an amended plat which amends an existing final
plat of record so as to make one or more minor adjustments in
lot boundaries reflecting final construction of roads or amenities,
the number and configuration of lots is unchanged, and there are
no significant land use planning considerations not addressed as
of the time of such final plat.
2. Record of Survey Procedure:
(d) If the Administrator determines that the application qualifies for
record of survey procedure, the Administratorshall-plae n
flea' f th t cl n tho of n nda of fhe pI nin
uin ��y
may thereafter
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
(3) the preparation, execution, and securing of the performance of,
an agreement in form and scope similar to a Subdivision
Agreement, addressing necessary improvements.
Section 17. The McCall City Code Section 3-21-260 (E), relating to Subdivisions, is
amended to read as follows:
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: provided that
the County Engineer shall be consulted as well in matters affecting the Impact Area. This
section and the Valley County road standards shall be read together with reference to the
Impact Area, with the stricter standard to control in the presence of any conflict. Stricter,
in this sense. shall mean whichever standard would as applied create the more durable
and more maintainable road. for example the wider road section. rather than the
narrower. and the material less susceptible to water wicking, as opposed to more
susceptible.
(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
ORDINANCE NO. 670 printed June 30,1995 page 12 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8,1995, and adopted as clarified June 30,1995 (meeting of June 29th).
(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.
(E)Materials Standards and Construction. The then
latest edition of the I. S. P. W. C. standards and materials specifications
shall govern materials used in the streets and their placement. Subgrade
embankment shall be placed in uniform layers not exceeding eight
inches thick each, and shall be compacte . The top
twelve inches of subgrade shall be compacted to not less than 90%
density by scarifying, watering, and rolling as required. In the ovont of
Section 18. The McCa11 City Code Section 3-24-020 (A), relating to Signs, is amended
to read as follows:
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. If a sign
includes silhouette designs or letters. whether cut out of the interior of a
background. or projecting beyond the edges of a backaround, or free-standing.
the area of the sign shall be computed to include the square -footage of a
rectangle that would enclose such designs. For example. should a sign flat
against a building that is three feet on a side (9 square feet) have a pine tree
silhouette attached to and extending above it, such tree being one foot wide at
the widest and 2 feet tall, then the one foot by two foot rectangle which could
enclose that tree shall be added to the 9 square feet of the rest of the sign of
which it is a part for a total of 11 square feet, notwithstanding that some of that
area in fact includes air around the tree.
Section 19. The McCall City Code Section 3-24-060, relating to Prohibited Signs, is
amended to read as follows:
3-24-060. PROHIBITED SIGNS. Ne-sign-shall The following signs are prohibited:
(A) Signs that contain statements, words or pictures of an obscenc, indcccnt or
gal character.
(B) Signs that contain or be an imitation of an official sign, traffic sign or signal or
contain the words "stop", "go slow", "caution", "danger", "warning", or similar words.
(C) Signs that are 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.
(D) Signs that aAdvertise an activity, business, product or service not conducted, or
no longer conducted, on the premises upon which the sign is located.
ORDINANCE NO. 670 printed June 30, 1995 page 13 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8,1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
(E) Signs that hi -lave a moving part which is a major attraction of the sign or constitutes
more than 10% of the sign area.
(F) Signs that 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,., unle= they
United States or Idaho flags. and
the flags of other states or nations are permitted. and if displayed shall be
displayed with appropriate respect. The Administrator may. after consultation
with the Chamber of Commerce and other interested community organizations,
propose to the Commission standards for other banners or other street or holiday
decorations which should be permitted. and upon approval of those standards
after public hearing by the Commission. and approval by Council by resolution
with or without public hearing as Council then determines appropriate. banners
and street and holiday decorations meeting those standards shall be permitted.
Pending adoption of such standards. landscape lighting, strings of small clear
bulbs in trees. holiday decorations. and like seasonal decorative lighting. are
permitted. unless the Administrator determines that a violation of the intent of this
subsection (F) is occurring.
(G) Signs that sSwing 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.
(l) Portable "reader boards", A -frame, or other temporary signs not permitted by
Section 3-24-030.
(J) Signs mounted in or on a motor vehicle parked unattended other than at the
home or business premises of the business advertised or of its owner: a vehicle
shall not be considered unattended if the driver is in the vehicle or if the driver is
in the ordinary course of trade or business on the premises where parked.
(K) In the Impact Area, any other sign which is prohibited by County ordinance.
Section 20. The McCall City Code Section 3-21-180, relating to Approval of
Preliminary Plats, is amended in pertinent part to read as follows:
3-21-180. APPROVAL.
(A) Approval of preliminary plats shall be conditioned on and subject to the following
conditions and requirements:
11. ... 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 previously been
cubsequentlyfiled feFwith the County Recorder.
Section 21. The McCall City Code Section 3-21-190, relating to Preliminary Plats, is
amended in pertinent part to correct a cross-reference as follows:
3-21-190. DESIGN STANDARDS IN GENERAL.
(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 natural reserves must be perpetually dedicated to such use or
ORDINANCE NO. 670 printed June 30, 1995 page 14 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8,1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
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. (See subsections 3-21-
080(M. i) and 3-21-180 (A) 9.)
Section 22. The McCall City Code Section 3-21-270 (B), relating to Subdivision
Agreements, is amended in pertinent part to read as follows:
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. Such agreement shall run as their interests may appear
to the benefit of the City. the County. the McCall Rural Fire District.
including the Emergency Medical Service, and the Payette Lakes Water
and Sewer District. and/or any other governmental entity that is relevant at
the time, according to the location of the property. the nature of the
improvements, and the respective jurisdiction of each of those entities.
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 subdividers
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 they-ef-ut+lity
entity for which or in whose interest the improvements are
constructed or by which standards prescribed for them
pfeser-ibed are enforced;
(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 and any
other relevant governmental entity to evaluate the proposed
installation;
(I) 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, and the then current version or
the equivalent of the Idaho Department of Health and Welfare,
Division of Environmental Quality. Rules Governing Water Quality
Standards and Wastewater Treatment, including but not limited to
the Recommended Standards for Wastewater Facilities, of Titles 3
and 6 of the McCall City Code. and of the Idaho Department of
ORDINANCE NO. 670 printed June 30,1995 page 15 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCa11 Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8,1995, and adopted as clarified June 30,1995 (meeting of June 29th).
Health and Welfare. Division of Environmental Quality. Idaho Rules
for Public Drinking Water Systems. including but not limited to
Recommended Standards for Water Works.
Supply Standard , and the applicable Uniform Codes adopted in
Title II
(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 subdividers 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. The guarantee
shall run as their interests may appear to the benefit of the City, the
County, the McCall Rural Fire District, including the Emergency Medical
Service, and the Payette Lakes Water and Sewer District. and/or other
governmental entity. as the same may be relevant at the time. according
to the location of the property. the nature of the improvements. and the
respective jurisdiction of each of those entities.
Section 23. The McCa11 City Code Section 3-27-020 (A), relating to Health and Safety
Requirements, is amended in pertinent part to read as follows:
3-27-020. GENERAL REQUIREMENTS.
(A) Health and Safety Requirements: 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.
5. Without limiting the generality of the foregoing, and in addition to and not in
repeal of any other applicable requirements of City or State law or regulation,
it is unlawful and a nuisance to discharge waste matter onto the surface of
the earth outside of a building or sight -obscuring fence, other than into a
waste container, and unlawful and a nuisance to discharge waste matter into
any stream or lake or other water body. Waste matter for these purposes
means any kind of liquid or solid waste, including without limitation trash,
household garbage or refuse of any kind, such as rubble, broken asphalt and
concrete. crates, cartons. metal. glass: appliances or appliance shells
vehicle bodies and parts: or accumulations of manure other than that
customarily in pastures and in association with fertilization of lawful on -site
agricultural uses. Waste matter also includes anything that was in a waste
container but which has escaped from the same. A container for these
ORDINANCE NO. 670 printed June 30,1995 page 16 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCa11 Planning and Zoning Commission and the City of McCa11 Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30,1995 (meeting of June 29th).
purposes means a garbage can. dumpster. or any other kind of storage
device customarily sold or rented for use as a temporary storage of waste
matter and lawfully located on the property in question.
Section 24. This Ordinance shall be in full force and effect from and after its passage,
approval and ublic�tion as required by law.
Passed and approve , 1995.
ATTEST:
Dean Martens
Mayor
ames H. Henderson,
City Clerk
ORDINANCE NO. 670 printed June 30,1995 page 17 of 17
As recommended to the City Council and to the Valley County Board of County Commissioners at a joint
meeting of the City of McCall Planning and Zoning Commission and the City of McCall Area of City Impact
Joint Planning and Zoning Commission, March 15, 1995, publicly heard before the County Commissioners
and City Council on May 8, 1995, and adopted as clarified June 30, 1995 (meeting of June 29th).
City of McCall
Certificate of Recording Officer
State of Idaho )
County of Valley )
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. 670 is a true and correct copy of an ordinance passed at a
regular meeting of the Council of the City of McCall held on June 29, 1995, 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 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 WETNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall,
Idaho this 30th day of June 1995.
James H. Henderson, City Clerk