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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