HomeMy Public PortalAboutOrd. 964 - Airport HangarsORDINANCE NUMBER 964
AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE
3 CHAPTERS 2 AND 6; AMENDING SECTION 3.2.01 ADDING THE DEFINITION OF A
HANGAR; AMENDING SECTION 3.6.02 TABLE PERMITTED AND CONDITIONALLY
PERMITTED USES WITHIN PUBLIC ZONES ADDING HANGARS AS A PERMITTED USE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, an application for approval of zoning ordinance amendments, pursuant to MCC 1-1-
3, was submitted by the City of McCall on December 18, 2017; and
WHEREAS, hangars are the most common airport facility and
WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and
regularly scheduled public hearing on February 6, 2018 to consider these proposed zoning
ordinance amendments; and
WHEREAS, at its February 6, 2018 meeting the McCall Area Planning and Zoning Commission
recommended this proposed zoning ordinance amendment for approval by the McCall City
Council and Valley County Board of Commissioners; and
WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on
March 8, 2018 to consider the proposed zoning ordinance amendments; and
WHEREAS, the zoning ordinance amendments were approved by the McCall City Council at a
regularly scheduled and properly noticed public meeting on March 8, 2018.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO, AS FOLLOWS:
Section 1: McCall City Code Title 3 Chapter 2 Section 2 (MCC 3.2.02): MEANINGS OF TERMS
OR WORDS is amended to read as follows:
3.2.02: MEANINGS OF TERMS OR WORDS:
ACCESSORY USE, BUILDING, OR STRUCTURE: A use, building, or structure on the same lot
with, and of a nature customarily incidental and subordinate to, the principal use, building, or
structure.
ADMINISTRATOR: The city manager, or in the event the city manager chooses to delegate that
authority, that official who is appointed by the city manager to administer this title.
ADULT EN L'ERTAINMENT ESTABLISHMENT: A commercial establishment intended for the
entertainment of adults, to the exclusion of minors, which offers sexually oriented entertainment,
such as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult
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motel, adult motion picture theater, adult theater, escort agency, seminude model studio, or sexual
encounter center.
AFFECTED PERSON: One having an interest in real property which may be adversely affected
by the issuance or denial of a permit, or zoning map amendment under this title.
AGRICULTURAL STRUCTURE: Any structure (see definition of Structure) that is related to or
used in the science, business or art of cultivating soil, producing crops, and/or raising livestock.
AGRICULTURAL USE: The science, business or art of cultivating soil, producing crops, and/or
raising livestock.
AGRICULTURE AND FOREST: The use of land for farming, dairying, pasturage, agriculture,
horticulture, floriculture, viticulture, silviculture, animal and poultry husbandry and the necessary
accessory uses for packing, treating, or storing the product; provided, however, that the operation
of any such accessory uses shall be secondary to that of normal agricultural activities.
"Agriculture" does not include confined animal feeding operations.
AIRPORT: Any runway, land area or other facility designed or used, other than for an emergency,
either publicly or privately, by any person for the landing and the taking off of aircraft, including
all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings.
APPLICANT: One who files an application under this title. The applicant must be the owner of
the subject property, or a person who has written permission from the owner to make an application
in the name of the owner.
APPLICATION: A document submitted to the commission conforming to the requirements of this
title applying for a permit or approval under this title.
AREA DEVELOPMENT PLAN: A plan encompassing all contiguous parcels controlled by the
same owner, which includes:
(A) Legal description of contiguous parcels.
(B) Name(s) of owner(s) of contiguous parcels.
(C) Streets, whether public or private.
(D) Water main lines and sewer main lines.
(E) Other utilities including power, telephone, cable, etc.
(F) Parks, if required under this title.
(G) Grading and drainage.
(H) Easements.
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(I) Hazardous or natural resource areas.
AREA OF FIRE HAZARD: Lands on which there is vegetation that is prone to fire; and also
means lands where there is heavy fuel loading, where fuels are arranged in close continuity, where
development or timber management slash exists, or where wildfires are likely to be difficult to
suppress and become a threat to public safety.
ATTACHED STRUCTURE: A structure attached to a principal structure, or is located within three
feet (3'), such that the two (2) (or more) structures result in a nearly contiguous whole.
BASEMENT: That level of a dwelling unit all or partly underground and having the plane on top
of at least one-half (1/2) of its perimeter wall within two feet (2') of the average level of the
adjoining ground.
BED AND BREAKFAST: See definition of Dwelling, Rooming House.
BIKE PATH: An asphalt or concrete path which has been created for nonmotorized transportation
and is usually physically separate from automobile travel lanes.
BILLBOARD: See definition of Sign, Off Premises.
BLOCK: A group of lots within defined and fixed boundaries, usually within a parcel of land,
bounded by physical barriers, one or more streets, or a boundary line of a subdivision that has been
legally surveyed and recorded.
BOARD: The board of county commissioners of Valley County.
BOND: A security contract between the applicant and the city which guarantees that the applicant
will perform certain requirements of an approval or permit under this title or title IX of this code,
by surety, cash, or letter of credit sufficient in amount and terms to assure either reclamation, or
performance of any act or acts authorized by the approval or permit.
BREWPUB: A small brewery, generally producing fewer than ten thousand (10,000) barrels of
beer and ale a year and frequently selling its products on the premises.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection
of persons, animals, chattels or property of any kind.
BUILDING ELEMENT: An exterior wall, or roof, or bay window, or deck, or patio, or balcony,
or any other part of the exterior of a building which has an exterior surface that is in a different
plane from the other parts of the building to which the element is attached.
BUILDING PERMIT: A permit pursuant to title II of this code, including without limitation the
international building code adopted by that title. Such permits shall be issued only if the activity
to be permitted conforms to title II and this title. Building permits are issued by the city building
department.
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BUILDING, PRINCIPAL OR PRIMARY: A building in which is conducted the main or principal
use of the lot on which said building is situated.
BUSINESS: Any retail or wholesale store, professional office, or similar kind of commercial
establishment. See also, definition of Home Occupation.
CAMP: Property owned or leased by any organization exempt from federal income tax, which
property is used for such purposes as recreation, outdoor education, outdoor instruction, and
deliberation. "Camp" does not include a church building or church school unless it is accessory to
an outdoor operation of larger scope, does not include property used for commercial purposes, and
does not include facilities at which services or lodging are offered to the general public for a fee.
Thus "camp" includes youth summer and youth winter camps operated by the Girl Scouts, Boy
Scouts, Campfire, YMCA, YWCA, and the like, and youth summer and youth winter camps
operated by various organized churches; to the extent not used for generation of unrelated business
income; and includes state park and U.S. forest service public campgrounds. Thus a "camp", when
permitted as a conditional use, does not include renting rooms, cabins, buildings, campsites,
spaces, or the like, with or without meals, to tourists or vacationers, even if the tourists or
vacationers are members of the owner organization.
CAR WASH: An area of land and/or a structure with machine or hand operated facilities used
principally for the cleaning, washing, polishing or waxing of motor vehicles.
CARE CENTER: A place, home or facility providing care for which compensation is paid, for
more than five (5) children of preschool age, or for more than eight (8) adults with diminished
capacity to manage their own affairs.
CEMETERY: Land used or intended to be used for the burial of the human or animal dead and
dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated
in connection with and within the boundaries of such cemetery, for which perpetual care and
maintenance is provided.
CHURCH: A structure or portion of a structure used for the purpose of worship by any religious
organization exempt as such from federal income tax.
CITY: The area within the corporate city limits of the city of McCall, and the government thereof.
CITY ENGINEER: An employee of or contractor to the city who is a registered professional
engineer responsible for advising the city as to infrastructure design, mapping, code issues,
planning, plat review and other related tasks.
CITY STANDARDS: Those standards for improvements as set forth in the city of McCall
improvement standard drawings, etc., as adopted by the city council.
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CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured
persons and those who are in need of medical and surgical attention but which building does not
provide board (outpatient only).
CLUB: A building, or a portion thereof, primarily for the exclusive use of members and their
guests, owned or operated by an association of, but not including any organization, group or
association, the principal activity of which is to render a service usually and ordinarily carried on
as a business.
CLUSTER DEVELOPMENT: A subdivision or other development planned and constructed so as
to group structures or lots into relatively concentrated and contiguous areas while providing a
unified network of open space, wooded area, recreational, or agricultural land.
COMMERCIAL COACH: A manufactured structure designed to be used for commercial and
other nonresidential purposes, which bears the label of the department of labor and industrial
services, building bureau. The label shall designate the unit's plan approval number, occupancy
group classification and type of constructions specified in the international building code.
COMMERCIAL PROJECT: A structure or development that, after completion, would be devoted
to commercial or business purposes.
COMMISSION: The city or county planning and zoning commission, one or the other having
jurisdiction.
COMMON OWNERSHIP: The joint and simultaneous ownership of a piece of property (a
common area) by the owners of separate parcels or units; for example, within a condominium or
PUD development.
COMMUNITY HOUSING GUIDELINES: Guidelines adopted by the city, county and other local
jurisdictions which delineate authority, policies, procedures, and reporting methods for managing
community housing.
COMMUNITY HOUSING UNIT: Dwelling units restricted (typically via deed restrictions) by
size and type for individuals meeting asset, income, and minimum occupancy guidelines approved
by the city.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the board and/or council
affecting land within the planning jurisdiction, and including such things as the general location
and extent of present and proposed physical facilities including housing, industrial and commercial
uses, major transportation, parks, schools and other community facilities.
CONCLUSIONS OF LAW: That part of a decision document which relates found facts to
applicable provisions of this title. See Idaho Code section 67-6535.
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CONDITIONAL USE: A special or conditional use, as defined in Idaho Code title 67, chapter 65,
permitted within a zone under a permit approved by the council. Conditional uses authorized to be
permitted in each zone are listed in the chapter relating to that zone.
CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property,
an interest or interests in real property, or any combination thereof, together with b) a separate
interest in real property, in an interest or interests in real property, or a combination thereof.
Condominium development within the city of McCall and its area of impact is subject to title IX,
"Subdivision And Development", of this code, and shall be developed in accordance with section
9.2.08 of this code. See Idaho Code section 55-101B, as amended
CONDOMINIUM AREA: The entire project excepting all units.
CONDOMINIUM PROPERTY: The land described in the declaration recorded pursuant to Idaho
Code section 55-1505, together with every building, improvement or structure thereon, and every
easement or right appurtenant thereto, and all personal property intended for use in connection
therewith or for the use, benefit or enjoyment of the condominium owners.
CONDOMINIUM UNIT: The separate interest in a condominium.
CONFINED ANIMAL FEEDING OPERATION (CAFO): Involved in the feeding or holding of
animals or poultry, including, but not limited to, horse, cattle, sheep, or swine feeding areas, dairy
confinement areas, slaughterhouse or shipping terminal holding pens, poultry and egg production
facilities and fur farms. The buildings, pens, or lot surfaces have been prepared with concrete,
rock, or other material to support animals in wet weather. They have wastewater treatment facilities
or discharge waste into adjacent water bodies. The facility does not produce crops, forage,
vegetation, or provide pasture for the animals.
CONTAINER: 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.
CONTRACTOR STORAGE YARD: Area used for the storage of equipment and material used in
contractor's business
CONVENIENCE STORE (NEIGHBORHOOD CONVENIENCE STORE): Any retail
establishment offering for sale prepackaged food products, household items, and other limited
goods and having a gross floor area of less than four thousand (4,000) square feet.
CORNER VISION: Those areas near intersections of roadways and motor vehicle access points
where a clear field of vision is necessary for traffic safety.
COUNCIL: The city council of the city of McCall.
COUNTY SURVEYOR: The professional land surveyor appointed by the county pursuant to
Idaho Code section 50-1305 to check plats and computations thereon.
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DAYCARE: See definition of Care Center.
DECK: An unenclosed flat floored area, whether roofless or covered, whether on one level or
multiple levels, adjoining or used in conjunction with a building; the term includes porches, and
patios; a fully enclosed porch is considered a room of the dwelling.
DEDICATION, DEDICATE: The setting apart of land or interests in land for use by the public,
and unless otherwise stated in the document making the dedication, the legal equivalent of a deed
in fee simple determinable for the purposes evident, for example, streets, and other utilities and
the purposes reasonably implied. "Dedicate" is the verb transitive for the making of a dedication.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
(A) Gross Density: The number of dwelling units per acre of total land area, including street rights
of way within the land and one-half (1/2) of the abutting rights of way.
(B) Net Density: The number of dwelling units per acre of land when the acreage involved is
computed excluding street rights of way.
DEVELOPMENT: Any construction or activity that changes the existing character or use of land
upon which such construction or activity occurs.
DEVELOPMENT AGREEMENT: A contract or agreement between the city and a developer or
developers in accordance with Idaho Code section 67-6511A.
DIRECTOR OF PUBLIC WORKS: That official of the city who is responsible for the
administration of the public utilities and streets within the city and whose responsibilities include
review of plats, maps and surveys for compliance with this title.
DOCK: Any structure extending from dry land into, upon, or over a body of water, providing
moorage for watercraft and/or access to the body of water. "Dock" includes landing pier and wharf,
and includes the means of access and egress to and from the dry land.
DOMESTIC LIVESTOCK: Animals such as, but not limited to, horses, cows, goats, rabbits,
poultry, pigs, sheep or other typical farm animals and may include mink, chinchillas and such
animals raised for pelts.
DOUBLE FRONTAGE LOT: A lot other than a corner lot having frontage on two (2) parallel or
approximately parallel streets.
DRIVEWAY: A nondedicated vehicular access constructed on private property providing access
to not more than five (5) residential dwelling units.
DUPLEX: See definition of Dwelling, Two -Family.
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DWELLING, MULTI -FAMILY: A dwelling consisting of three (3) or more dwelling units
including townhouses, condominiums, and apartments, with varying arrangements of entrances,
and party walls.
DWELLING, ROOMING HOUSE (BOARDING HOUSE, DORMITORY, BED AND
BREAKFAST): A dwelling or part thereof, other than a hotel, motel or restaurant, where lodging
and, occasionally, meals are provided for compensation for three (3) or more unrelated persons,
where no cooking or dining facilities are provided in the individual rooms.
DWELLING, SHORT TERM RENTAL: A residence, including single-family or a multi -family
unit, which is rented for the purpose of overnight lodging for compensation, money, rent or other
bargained for consideration for a period of one or more days and not more than thirty (30)
consecutive days. Short term rentals are also commonly referred to as tourist or vacation rentals.
Short term rentals with occupancy of twenty (20) persons or more within residential zones shall
require a conditional use permit.
DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated
from other dwelling units by open space; when considered in the context of enforcement of
restrictions, any space so used.
DWELLING, TWO-FAMILY: A dwelling consisting of two (2) dwelling units which may be
either attached side by side, or one above the other; a duplex; when considered in the context of
enforcement of restrictions, any space so used.
DWELLING UNIT: Living, dining, sleeping room or rooms, storage closets, as well as space and
equipment for cooking, bathing and toilet facilities, of a size and configuration suitable for use by
only one family and its household employees; when considered in the context of enforcement of
restrictions, any space so used.
DWELLING UNIT, ACCESSORY: A dwelling unit that is secondary and incidental to the
principal residence. An accessory dwelling unit may be separate from, or a part of, the principal
residence, and may be used for visitors, guests and family members or as the residence of a
caretaker or other employee who works on the same property. Any inhabitable space that includes
a kitchen is considered a dwelling unit.
DWELLING UNIT, PRINCIPAL: A dwelling unit which serves as the principal or primary
dwelling for a household, as opposed to a guest home or accessory dwelling.
EASEMENT: A property interest (less than a fee simple estate) which an entity has in land owned
by another, entitling the holder of the interest to limited use or enjoyment of the other's land, such
as for a driveway, installation of utility lines, or the like, the purpose of which shall be designated
and placed on the plat as appropriate. Plats shall show the entity to which the easement has been
granted.
EFFECTIVE DATE OF THE APPLICABLE REGULATIONS: The effective date of the first
pertinent ordinance ever adopted by the city. "Pertinent ordinance" means, for example with
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respect to a nonconforming use, the first ordinance which prohibited that use on that land, which
ordinance (and its successors) has continued in effect to the time as of which the legality of the use
needs to be determined.
ENVIRONMENTAL ASSESSMENT: The critical appraisal of the likely effects of a proposed
project, activity, or policy on the environment, both positive and negative.
EXCAVATION: See chapter 70 of the international building code.
EXTERIOR: Those outside portions of a structure, landscape, or lot that are visible from a public
right of way or an adjacent property.
FENCE: A hedge, structure, or partition, erected for the purpose of enclosing or delineating a piece
of land, or to divide a piece of land into distinct portions or ownerships.
FINDINGS OF FACT: That part of a decision document which sets out those facts in evidence
found by the fact finder, and which the fact finder believes are necessary and material to their
decision. See Idaho Code section 67-6535.
FOOTPRINT: The area of the lot which is within the perimeter created by a vertical extension to
the ground of the exterior walls of all enclosed portions of a building, including all attached
structures, decks, porches, and accessory annexes.
GARAGE, REPAIR: A building designed and used for the storage, care, repair, or refinishing of
motor vehicles including both minor and major mechanical overhauling, paint and body work.
GARAGE, RESIDENTIAL: A building designed and used for the storage and care of motor
vehicles owned by the property owner or guests.
GROUND FLOOR: The floor of a building with a principal entrance which faces the street to
which the building address is assigned.
HANGAR: A building with the primary purpose of aircraft storage or maintenance.
HARDSHIP: As applied to a request for a variance, an act of depriving an owner of a property the
opportunity to use that property to the reasonable use because of some feature or condition of the
property.
HEALTH AUTHORITY OR HEALTH DEPARTMENT: That office of the Central district health
department having approval jurisdiction over land development within the city, such as: location
and engineering for septic systems; water systems (wells and distribution); review of subdivision
plats, etc.
HEIGHT, BUILDING: Building height shall be measured vertically from any point on a proposed
or existing building element to the existing grade prior to construction directly below said point
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on a proposed or existing building element. (The highest to lowest measurement at any given
vertical structure line.)
75.
M
1
MAX BUILDING HEIGHT
MEASURED VERTICALLY
FROM ROOF TO
EXISTING GRADE ALONG
STRUCTURE LIME
: MODtrIEO GRADE
_....._............ EXISTING GRADE_
PRIOR TO
.`.\ e�. CONSTRUCTION
PROPOSED BUILDING HEIGHT DETERMINATION
Excluded from the height measurement are: antennas (approved), roof stair access
enclosures/projections, cupolas, chimneys (up to 10 feet above the highest point of the roof
surface), steeples, and spires.
HEIGHT, FENCE OR SCREEN: The vertical distance measured from the existing grade prior to
construction to the top of the fence. For the purpose of applying height regulations, the average
height of the fence along any unbroken run may be used, provided the height at any point is not
more than ten percent (10%) greater than that permitted by this title.
HOME OCCUPATION: A business conducted within a dwelling unit, which activity is clearly
incidental to the use of the residence as a dwelling and does not change the residential character
thereof, is conducted in such a manner as to not give any outward appearance of a business in the
ordinary meaning of the term, and does not infringe upon the right of neighboring residents to
enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and
primarily intended.
HOTEL OR MOTEL: A building in which lodging or boarding and lodging are provided and
offered to the public for compensation. The term does not include a "dwelling, rooming house" or
"dwelling, short term rental" (see definition of Dwelling, Rooming House (Boarding House,
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Dormitory, Bed And Breakfast) or Dwelling, Short Term Rental in this section).
HOUSEHOLD: One or more persons related by blood, marriage, legal adoption or guardianship,
plus not more than five (5) additional persons who live together in one dwelling unit; or one or
more handicapped persons as defined in the fair housing amendments act of 1988, with
amendments, plus not more than five (5) additional persons, who live together in one dwelling
unit.
INDUSTRY, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating,
cleaning or marketing of any mineral natural resource; "mineral" for these purposes also including
the so called "common varieties" of earth materials.
INFRASTRUCTURE: The facilities, properties, supports and utilities which provide services.
INSTITUTION: Building and/or land designed for educational services (school) or to aid
individuals in need of mental, therapeutic, rehabilitative, counseling, correctional, or like services.
JUNK: Any kind of liquid or solid waste when kept under objectively bona fide claim that the
same may be of future use as is, as repaired, for parts, or as recycled; including, without limitation,
trash or refuse of any kind, litter, commercial waste, industrial or construction or demolition debris
of any kind, such as rubble, broken asphalt and concrete, crates, cartons, metal, glass; appliances
or appliance shells, vehicle bodies and parts, and inoperable or damaged vehicles, and any castoff
tangible personal property or fixtures; where kept without any such claim of future use, such
material constitutes waste material prohibited under title V of this code.
JUNK BUILDINGS, JUNK SHOPS, JUNKYARDS: Any land, property, structure, building or
combination of the same, on which junk is stored or processed, including, but not limited to,
recycling facilities.
KENNEL: Any lot or premises, on which three (3) or more domesticated animals more than six
(6) months of age are bred, boarded, trained or sold.
LARGE SCALE RETAIL BUSINESS DEVELOPMENT: A development that is proposed to
consist of any structure designed with a footprint larger than forty thousand (40,000) square feet
for any one retail establishment. This definition does not include government uses, educational
uses, health centers or hospitals, and similar establishments.
LAUNDROMAT: A self-service laundry facility not offering dry cleaning, and open to the public;
the term does not include a laundry facility which is an accessory use for a planned unit
development, for a multi -family housing development, or for a mobile home or travel trailer park
or campground, or the like.
LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups
and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when
required off street parking spaces are filled.
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LOT: A quantity of land shown as an individual unit on the most recent relevant, approved plat of
record or approved record of survey; and also a quantity of land described in a deed recorded prior
to March 24, 1994, and apparently executed for the purpose, whether immediate or future, of
building development. The word "lot" includes the words "parcel" and "tract" where such parcel
or tract is the smallest quantity of land that includes the site of a proposed use or building with
respect to which a permit is sought, which quantity of land is the subject of a deed of record. "Lot"
does not include a strip or gore of land which was apparently conveyed for the purpose of adjusting
the boundary between ownerships of record. "Parcel" and "tract" can also mean a larger quantity
of land out of which a subdivision is being created, or a tract of land set aside for future
development, as the context makes most suitable. "Approved" as used in this paragraph means
formally approved under these or predecessor subdivision regulations.
LOT, AREA OF: The area of a lot is computed exclusive of any portion of the right of way of any
public or private street.
LOT, CORNER: A lot located at the intersection of two (2) or more streets.
LOT COVERAGE: The building footprint plus other surfaces such as driveways, decks, patios,
and walkways expressed as a percentage of the total lot area. See section 3.3.06 of this title.
LOT, FLAG: A lot with access to the bulk of the lot provided by a narrow corridor.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For
the purpose of determining yard requirements on corner lots and through lots, all sides of a lot
adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the
definition of "yards" in this section.
LOT LINE ADJUSTMENT: A change or modification of easement lines or boundary lines
between existing lots, parcels of land, or properties, which does not reduce the area, frontage,
width, depth, or building setback lines of each lot, parcel of land, or property below the minimum
zoning requirements and which does not create additional lots or new streets.
LOT OF RECORD: A lot in a subdivision the plat of which is of record in the office of the county
recorder; or a lot or parcel described in a record of survey or deed so recorded prior to March 24,
1994.
LOT, THROUGH: A lot other than a corner lot with frontage on more than one street. Through
lots abutting two (2) streets may also be referred to as "double frontage" lots.
LOT WIDTH: The distance parallel to the front lot line, measured between side lot lines through
that part of the building envelope or buildable area of the lot where the lot is narrowest.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and
similar industrial uses which are generally major operations and extensive in character, which
require large sites, open storage and service areas, extensive services and facilities, ready access
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to regional transportation and which normally generate some nuisances such as smoke, noise,
vibration, dust, glare, air pollution and water pollution.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually
controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such
as smoke, noise, odor, or dust; operating and storing within enclosed structures, and generating
little industrial traffic and no nuisances.
MEAN HIGH WATER MARK: The mark on all watercourses, where the presence and action of
waters is so common and continued in all ordinary years as to mark upon the soil a character
distinct from that of the abutting upland, in respect to vegetation, and destroys its value for
agricultural purposes. In areas where riprap bank stabilization has occurred, the measurement shall
begin on the landward side of such stabilization work.
MOBILE HOME: A vehicle or structure constructed with wheels for use on the public highways,
which has sleeping, cooking and plumbing facilities, is intended for human occupancy and is being
used for residential purposes. The term "mobile home" does not apply to any prefabricated section
of a factory built house to which wheels may be attached for the purpose of moving it to a
permanent location where it becomes affixed to real property.
MOBILE HOME PARK: Any privately owned place where two (2) or more mobile homes used
for human occupancy are parked within five hundred feet (500') of each other on a lot, tract or
parcel of land under the same ownership.
MOBILE HOME SPACE: A plot of land within a mobile home park designated for the
accommodation of a mobile home.
NONCONFORMING MOBILE HOME: A mobile home which is not permitted under the district
in which it is located, but which was permitted by or conformed to requirements of a zoning
ordinance in effect prior to March 16, 2006.
NONCONFORMING USE, DEVELOPMENT, OR STRUCTURE: A use, development, or
structure not permitted in the relevant zone or not conforming to one or more standards in this title
or title IX of this code, but which lawfully existed prior to the effective date of this title and which
is permitted to continue. See chapter 11 of this title.
NOTICE: As required by chapter 15 of this title.
NURSERY: Land, building, structure or combination thereof for the storage, cultivation, and
transplanting of live trees, shrubs or plants offered for retail sale on the premises; such use may
include sale of products used for gardening or landscaping.
OPEN SPACE: An area substantially open to the sky which may be on the same lot with a building.
The area may include, along with natural environmental features, water areas, swimming pools,
tennis courts and any other recreational facilities deemed similar by the commission and approved
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March 8, 2018
by the council. Streets, parking areas, structures for habitation, and the like, shall not be included
as open space.
OVERLAY: Describes a zone imposing requirements in addition to those of an underlying zone,
applied where characteristics of the land or the type of development proposed for the land require
special considerations.
OWNER: The person or persons holding the fee simple estate. For purposes of enforcement, the
owner in fee simple and also the person or persons in possession.
PARK, PUBLIC: An area of publicly owned land retained in the natural state and/or developed
with walks, recreation facilities, picnic areas, etc., for the use and enjoyment of the public.
(A) Park: A parcel of land dedicated to the public or privately owned. A park is maintained for the
primary purposes of recreations and/or green space.
(B) Green Space: Planned and preserved open land, an interconnected system of open land, and
determined to have cultural, ecological, and/or recreational value.
(C) Parks And Recreation Advisory Committee: The McCall parks board, a recommending body
whose members are appointed by the council.
(D) Master Plan: The McCall parks, lands and trails master plan, as may be amended from time to
time.
PARKING AREA: An area reserved for the parking of vehicles consisting of one, or more, parking
spaces.
PARKING, ON SITE: The area off of any public or private street, access easement or alley used
for the transient storage, with appropriate dimensions, of passenger vehicles, parking stalls, access
drives and aisles.
PARKING SPACE, OFF STREET: A space designed and designated for the parking of vehicles
located totally outside of the right of way of any street or alley, together with properly designed
access to a public street or alley, and maneuvering room.
PATIO: A recreation or living area that adjoins or is used in conjunction with a dwelling or other
building, is on grade, and is usually paved or surfaced, e.g., wood, stone, brick, etc., often used for
outdoor dining.
PEDESTRIAN AMENITY: An area adjacent to a street right of way that is improved for
pedestrians; such areas include, but are not limited to, plazas, outdoor seating areas, bus waiting
areas, and street furnishings (e.g., seating, planter, drinking fountains, public art, kiosks, way
finding signs, etc.) within such areas.
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PERIMETER FENCING: Fencing which substantially encloses the property in question.
PERMANENT LIVING QUARTERS: The use of a mobile home on one specific site for living
quarters for a period in excess of forty five (45) days in any twelve (12) month period shall
constitute a use for permanent living quarters.
PERSONAL SERVICES: Services rendered to the general public, such as, but not limited to, those
rendered by shoe repair shops, barbershops, beauty parlors and similar activities, for financial gain.
PIER: That construction erected upon the shore for the purpose of providing access to docks.
PLANNED UNIT DEVELOPMENT (PUD): An area of land described in a final plan approved
pursuant to chapter 10 of this title, and the improvements and land features to be constructed on it
pursuant to the approval given.
PLANNING JURISDICTION: The geographic area consisting of the city of McCall together with
the city of McCall area of city impact.
PLANNING STAFF: The individuals assigned by the city to conduct the planning functions of the
city.
PLAT, FINAL: The plat of a subdivision or dedication, or any portion thereof, completely
approved and executed for filing and recording in the office of the Valley County recorder,
pursuant to title IX, chapter 2 of this code.
PLAT, PRELIMINARY: A preliminary plan of the plat, subdivision or dedication containing the
elements and requirements set forth in title IX, chapter 2 of this code.
PLOT PLAN: A plan showing the layout of improvements on a lot. The plot plan usually includes
location, dimensions, parking areas, landscaping and the like.
PRINCIPAL STRUCTURE: A structure located on a parcel which is designed for and used as the
primary structure as opposed to an attached or accessory structure.
PRIVATE COMMUNITY USES: Parochial schools, colleges, camps, hospital, and other facilities
of an educational, charitable, philanthropic or nonprofit nature.
PROFESSIONAL OFFICES: The use of a building or part thereof and related spaces for such
professional services as are provided by medical practitioners, lawyers, architects, engineers, real
estate brokers/agents, title companies, subdivision or fractional ownership sales and marketing,
and similar professions.
PUBLIC OR SEMIPUBLIC PROJECT: A structure or development that, after completion, would
be devoted to public or semipublic uses, including churches and schools.
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PUBLIC SERVICE FACILITY: Buildings, power plants or substations, water treatment plants,
pumping stations, sewage disposal or pumping plants, and other similar public service structures;
operated by a public utility, or by a municipal or other governmental agency; for purposes of
furnishing of electrical, gas, communication, water, sewer, and similar services.
PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures; not
including public land or buildings devoted solely to the storage and maintenance of equipment and
materials, and not including public service facilities.
RECORD GRADE: The natural grade existing prior to any site preparation grading, or filling,
unless a new record grade is approved at the time of subdivision approval and noted on the filed
final plat.
RECREATIONAL VEHICLE: A vehicular unit primarily designated as temporary living quarters
for recreation, camping or travel which either has its own power or is mounted on or drawn by
another vehicle. The basic entities are: travel trailer, camping trailer, truck camper and motor
home.
RECREATIONAL VEHICLE PARK: An area for the temporary placing of movable vehicles
designed and used for human occupation and housekeeping which involves land under single
ownership with lots rented for the location of recreational vehicles and provision of facilities and
services to campers by management.
REPLAT: A plat of a resubdivision, altering an existing plat or portion thereof. A replat does not
automatically change the dedication of rights of way and easements on previous plats; the
dedicated parts of the plat can only be vacated by specific action of the council, with commission
recommendation, on an application for a vacation.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemistry,
pharmacology, medicine, electronics, transportation, and engineering.
RESTAURANT: A place of business which sells or serves food products and beverages for
consumption on the premises, with a building consisting of a permanent structure that is fully
enclosed with a roof and walls, and where incidental dining may be permitted out of doors on a
patio, deck or terrace integrated into the building design.
RESTAURANT, FORMULA: An eating establishment devoted to the preparation and offering of
food and beverages for sale to the public for consumption either on or off the premises which, by
contractual or other arrangement, established or recognized business practice, or membership
affiliation, maintains any of the following:
(A) Business name common to more than five (5) similar businesses located elsewhere;
(B) Standardized menus, ingredients, food preparation, uniforms, or other standardized features
common to more than five (5) restaurants located elsewhere;
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(C) Interior decor common to more than five (5) similar businesses located elsewhere;
(D) Architecture or exterior signs common to more than five (5) similar businesses located
elsewhere;
(E) Use of trademark or logo common to more than five (5) similar businesses located elsewhere (but
not including logos or trademarks used by Chambers of Commerce, Better Business Bureaus, or
indicating a rating organization including, but not limited to, AAA, Mobile or Michelin); or
(F) A name, appearance, or food presentation format which causes it to be substantially identical to
more than five (5) restaurants within or outside Valley County.
Provided, an eating establishment which has commonality with another restaurant or business in a
manner which is described in subsection (A), (B), (C), (D), (E) or (F) of this definition shall not
be considered a "restaurant, formula" under this chapter if the commonality is shared with five (5)
or fewer other restaurants or businesses.
RETAIL BUSINESS: A business which sells goods to the public at a price normally greater than
the wholesale price.
RETAIL, FORMULA: A retail, service retail, vending service retail, or restaurant business
(including fast food and coffee shops) that is required by contractual or other arrangement to
maintain standardized services, merchandise, menus, ingredients, food preparation, uniforms,
decor, logos, architecture, signs, or similar features.
RETIREMENT OR ASSISTED LIVING HOME: A dwelling designed for the habitation of
elderly, or invalid, individuals who may require some limited level of living assistance.
RIGHT-OF-WAY (PUBLIC): A strip of land taken, dedicated, or otherwise acquired for use as a
public way. In addition to the roadway, it normally incorporates space for curbs, planting strips,
sidewalks, lighting, drainage facilities, and snow storage; and may include special features
(required by the topography or treatment) such as back slopes, fill slopes, grade separation,
landscaped areas, viaducts and bridges. See the definitions of Street and Street, Gated.
IPARIAN SETBACK: The distance measured at right angles from the mean high water mark of a
waterway, between the mean high water mark and an imaginary line parallel to the mean high
water mark, defining an area between such lines within which no building or other applicable
structure may be placed, and whereby any existing vegetation shall remain undisturbed.
ROADWAY: A portion or portions of a street right-of-way or of a street without platted right-of-
way developed, appropriately surfaced, and opened for vehicular traffic, commonly used by the
public, measured to the curb, in the absence of a curb to the top of the back slope of the borrow
ditch, and in the absence of curb or borrow ditch, to the bottom of the fill slope; where there is no
curb, no borrow ditch, and no fill slope, then to the edge of the traveled way.
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SCHOOL: An institution providing full time day instruction which is accredited by and meets the
requirements of the Idaho State Board of Education, including nursery schools or kindergartens
whose annual session does not exceed the school sessions for full time day schools.
SEAT: For purposes of determining the number of off street parking spaces for certain uses, the
number of seats is the number of seating units installed or indicated, or each twenty four (24) linear
inches of benches, pews or space for loose chairs.
SECURITY TRAILER: A mobile home used for residential purposes in the operation of a business
or industry to provide living quarters on the premises for a night watchman or caretaker.
SERVICE RETAIL BUSINESS: A business which sells a service to the public at a price normally
greater than the wholesale price.
SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and
motor vehicle accessories may be supplied and dispensed at retail and where, in addition, light
maintenance activities such as engine tuneups, lubrication, exhaust system repair, minor repairs
and carburetor cleaning are conducted. Activities conducted at a service station shall not include
major mechanical and body work, straightening of body parts, painting, welding or storage of
automobiles. Additionally, the sales of cold drinks, packaged food, tobacco and similar
convenience goods for service station customers is permitted, as accessory and incidental to
principal service station operations.
SETBACK LINE: A line established by this title, generally parallel with and measured from the
lot line, defining the limits of a yard in which an element of a building or structure shall not be
located aboveground except as may be provided in this title. The setback line for any particular
building element shall be determined by measuring from the appropriate lot line to the outermost
protrusion of the building element or structure such as the roof drip line of a roof, eaves of a roof,
or rail of a deck. The setback line from the water pool shore contour or high water mark shall be
measured from the nearest point of such water pool shore contour or high water mark. Setbacks
shall be measured on the horizontally projected plane.
SHOPPING CENTER: A complex of retail businesses grouped together and having a common
parking area.
SHORELINE: See water pool shore contour, high water mark..
SIDEWALK: That portion of the road right of way outside the roadway which is improved for the
use of pedestrian traffic.
SIGN: See chapter 9, "Signs", of this title.
SITE PLAN: A detailed plan for a parcel which includes information about the plot, buildings and
other improvements, rights of way, easements, natural features, etc.
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SLASH: Brush, severed limbs, poles, tops and other waste material incident to logging or land
clearing which are less than or equal to three inches (3 ") in diameter.
STORAGE FACILITY, SELF-SERVICE: A facility designed primarily for the covered or
enclosed storage of belongings of the public on a rental basis. These facilities are usually secured
with fencing and security gates.
STORAGE OR MERCHANDISING FACILITY, TEMPORARY: Includes, but is not limited to,
tents, freight trailers, freight containers, or other storage units, which are being used for storage of
equipment or inventory, or used for the display and sale or rental of equipment or merchandise;
but does not include personal utility or boat trailers in a residential district on the property of the
owner of the same.
STORAGE YARD: Any area used for storage of vehicles, equipment, materials and/or similar
items, either commercial or private.
STORY: That part of a building between the surface of a floor and the ceiling immediately above
it, including the ceiling structure.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties.
The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue,
boulevard, lane, place, and other such terms. Streets are classified as follows (where an existing
street has less than the below indicated width of right of way, such fact shall not deprive it of the
status of "street", but shall instead evidence city policy for lawful acquisition of right of way in the
fullness of time). Streets are designated in title VIII, "Public Ways And Property", of this code.
(A) Minor: A street which has the primary purpose of providing access to abutting properties, of
which the right of way shall be not less than sixty feet (60') in width;
(B) Collector: A street designated in title VIII of this code for the purpose of carrying traffic from
minor streets to other collector streets and/or arterial streets, of which the right of way shall be not
less than seventy feet (70') in width.
(C) Arterial: A street designated in title VIII of this code for the purpose of carrying fast and/or heavy
traffic, of which the right of way shall be not less than eighty feet (80') in width.
(D) Private: A street that is not accepted by the city (or, in the impact area, by the county) for public
maintenance which provides vehicular and pedestrian access, of which the roadway shall be
adequate in width to provide access for emergency vehicles when snow is being stored, and in any
event with a paved roadway not less than twenty feet (20') wide. Minimum right of way for a
private street shall conform to the functional classification in subsections (A), (B), and (C) of this
definition or as otherwise approved by the commission (see section 9.6.05 of this code).
(E) Emergency Access Street: A street designed to connect two (2) otherwise incompatible streets
with excessive cul-de-sac lengths so as to remove the incompatibility and which will accommodate
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March 8, 2018
emergency, and other, vehicles. The right of way shall not be less than forty feet (40'), with a paved
roadway of at least twenty feet (20') wide.
(F) Cul-De-Sac: A short street terminated by a vehicular turnaround.
(G) Dead End: An adjective describing a street terminating at a property line, having no outlet.
(H) Alley Or Alleyway: A minor way which is used primarily for vehicular service access to the rear
or side or properties also abutting on a street.
(I) Frontage: A minor street parallel to and adjacent to an arterial street providing access to abutting
properties and protection from through traffic.
(J) Highway: A street designated as a state or federal highway by the state or federal agency
responsible therefor.
(K) Half: A portion of the width of a street, usually along the edge of a subdivision, where the
remaining portion of the street could be provided by dedication in connection with approval of an
adjoining subdivision.
STREET, GATED: Any street, public or private, with a gate across the traveled way, whether open
at all times or periodically closed and locked or otherwise secured.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as
a bearing wall, column, beam or girder, floor or ceiling joist, roof rafter, roof diaphragms,
foundation, pilings, retaining walls, or similar elements, or changes in roof or exterior lines.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground
or attachment to something having a fixed location on the ground. Among other things, structures
include buildings, mobile homes, walls, fences, decks, patios, satellite dishes, billboards, fuel
tanks, refuse enclosures, and piers or any other construction erected to connect docks to the shore;
"structure" does not, for purposes of setbacks from the lot lines, include:
(A) Paths, steps, and sidewalks of less than forty nine inch (49") width; and driveways from access
streets to automotive vehicle storage areas;
(B) Inground patios;
(C) Detached planter boxes, walls not more than thirty inches (30") in height, or other landscaping
features, which landscaping features are not more than thirty inches (30") above the natural terrain,
or lot line fences except as otherwise provided in section 3.7.023 of this title; and
(D) Docks and retaining walls otherwise permitted by this title.
SUBDIVIDER: An applicant for approval of the platting of a subdivision of land pursuant to title
IX of this code. The subdivider shall be an "owner" as defined in this section. For purposes of
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March 8, 2018
enforcement, "subdivider" also includes a person who creates an unapproved subdivision.
SUBDIVISION: The division of a tract or parcel of land into two (2) or more lots, sites, or other
divisions for the purpose, whether immediate or future, of sale, lease, or building development,
including any resubdivision, and when appropriate to the context, the process of subdividing the
land subdivided. "Subdivision" is so defined for purposes of subject matter jurisdiction; that certain
action constitutes a "subdivision" for purposes of this title and title IX of this code does not imply
the necessity of a plat under state law, as opposed to a "record of survey" under state law approved
as to zoning by the city. See title IX of this code.
SUPERMARKET: A "supermarket" or "grocery store" is a store that sells a wide variety of food.
A supermarket is larger than and more than a grocery store. Most supermarkets also sell a variety
of other household products that are consumed regularly, such as alcohol (where permitted),
household cleaning products, medicine, and clothes.
SUPPLY YARD: A commercial establishment storing and offering for sale building supplies, steel
supplies, coal, heavy equipment, feed and grain and similar goods.
SURVEYOR: A professional land surveyor registered in the state of Idaho.
TEMPORARY LIVING QUARTERS: A living quarters used by a family or individual(s) for a
limited period of time for an approved purpose, such as the construction of a permanent dwelling;
the time limit is to be proposed by an applicant and approved by the administrator.
TOWNHOUSE DEVELOPMENT: A planned residential project of two (2) or more townhouse
units which may be constructed as single building(s) containing two (2) or more townhouse units.
Each unit within the development shall be separated from the adjoining unit or units by firewalls
as required by the international building code, as amended, each unit having its own access to the
outside, and no unit located over another unit in part or whole. All townhouse development(s) shall
be platted under the procedures contained in title IX of this code.
TOWNHOUSE SUBLOT: The lot resulting from platting a residential townhouse development.
TOWNHOUSE UNIT: One or more rooms, including a minimum of one bathroom and a single
kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located
in a townhouse development on a platted townhouse sublot, and meeting the efficiency dwelling
unit standards established in the international building code, as amended.
TREE: A tall perennial woody plant having a main trunk and branches forming a distinct elevated
crown.
UPPER FLOOR: Any floor of a building which is situated above the elevation of the ground floor.
USE: The specific purposes for which land or a building, or a portion of either or both, is
designated, arranged, or intended, or for which it is or may be occupied or maintained.
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UTILITIES: Installations for conducting water, sewage, gas, electricity, television, and
stormwater, and similar facilities providing service to and used by the public.
VARIANCE: The relaxation of an otherwise applicable dimensional requirement. See chapter 13
of this title.
VEHICLE: A "vehicle" as defined in the Idaho Code; however, for purposes of the sign
regulations, authorization of signs on vehicles, a vehicle which is currently, regularly, commonly,
and principally used for a significant transportation purpose other than display of such sign and
which motor vehicle is not under any circumstances to be used principally as a sign for a business,
either in the scenic route overlay district, or elsewhere, no matter how conforming to this title the
sign may otherwise be.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming,
diagnosis and treatment of sick, ailing, infirm, or injured animals, and those who are in need of
medical or surgical attention, and may include overnight accommodations on the premises for
treatment, observations and/or recuperation. It may also include boarding that is incidental to the
primary activity.
VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of
the proposed development to other nearby developments or landmarks and community facilities
and services within the general area, in order to better locate and orient the area affected by an
application.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or
not along the side of a road.
WASTE MATTER: 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.
WATER POOL SHORE CONTOUR, PAYETTE LAKE: The intersection with the shore of a
horizontal plane at an elevation of 4,988.79 feet above sea level. It is irrelevant for purposes of
this title that such contour is or is not covered by water at any particular time or times.
WETLANDS: Lands which are dedicated and protected in accordance with Federal laws and are
not to be included in the calculation of land to meet the requirements for parks.
WRECKING YARD: A place where the dismantling or wrecking of two (2) or more used motor
vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts, occurs. See also definition of Junk Buildings, Junk
Shops, Junkyards.
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YARD: An area, unoccupied and unobstructed by any structure or portion of a structure; provided,
that accessories, ornaments and furniture may be permitted in any yard, subject to height
limitations and requirements limiting obstruction of visibility, defined as the area between the lot
line and the setback line.
YARD, USABLE: One (1) or more well drained open areas covered with lawn grass or other
suitable cover material, located on the same lot as the principal use, for use by the residents for
outdoor activities. Usable yard may be computed in part using sandboxes, horseshoe pits, and like
outdoor recreational facilities. No dimension of the usable yard shall be less than ten feet (10').
"Usable yard" does not include driveways, common walks, refuse storage or collection areas, or
off street parking or loading areas. Decks and accessible flat roof areas having at least one (1)
dimension of ten feet (10'), and no dimension less than three feet (3'), may be used to meet a usable
yard requirement. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 840, 9-6-2007; Ord. 846, 11-
5-2007; Ord. 864, 2-12-2009; Ord. 880, 9-23-2010; Ord. 930,12-18-2014, eff. 1-1-2016; Ord. 952,
11-3-2016)
Section 2: McCall City Code Title 3, Chapter 6, Section 2 Table 3.6.02 (MCC 3.16.02):
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN PUBLIC ZONES is
amended to read as follows:
3.6.02: PUBLIC ZONE USE REGULATIONS: l E
(A) Permitted And Conditionally Permitted Uses: The uses identified in table 3.6.02, "Permitted
And Conditionally Permitted Uses Within Public Zones", of this section shall be the primary
uses allowed to occur on a property. All uses, except for those provided for in subsection
3.8.01(H), "Outdoor Display Areas", section 3.8.05, "Temporary Storage and Merchandising
Facilities Not to Become Permanent", of this title, and aircraft parking and light maintenance
in the AP zone, shall be conducted within enclosed structures. All uses not listed in table 3.6.02
of this section require review by the commission and a conditional use permit. The primary
uses identified in table 3.6.02 of this section shall be permitted or conditionally permitted as
indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the issuance of an
administrative permit in accordance with section 3.13.01 of this title.
C: Where the symbol C appears, the use may be permitted subject to the issuance of a
conditional use permit in accordance with section 3.13.03, "Conditional Use Permit
Standards", of this title.
Where no symbol, or a dash, appears, the use is not permitted. (Ord. 821, 2-23-2006, eff. 3-
16-2006)
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TABLE 3.6.02
PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN PUBLIC ZONES
, Allowed Use ;
.
1
AF 1
CV 11
I
AP
; Accessory structure >1,500 square feet !I
A
A
A
' Agricultural service establishment I
C
-
Agricultural structure ,
,
A
-
-
, Agricultural use :,
p
-
-
, Airport (public ownership) ;
C
- I
Animals, small farm animals
P
A 1
-
_
Assembly plant (light manufacturing) ;
_
-
Camp 1
p
-
;
-
. Cemetery 1
C
P
-
i
Church I
.
C
C I
_,
-
1
. Club or lodge or social hall
C '
C
-
!
College or university ;
-
C
C
!
Conference or convention center ;
C
C
-
i
Dwelling, caretaker for an approved use i
A
A
!
Dwelling, single-family detached I 1
C
P
-
!
Dwelling unit' ;
1 ;
- 1
C 1
-
!
; Golf course and country club •
C ;
1
C
-
!
' Hangar
-
-
_
_
_
r
, Hospital or clinic ,
C ;
A
-
,
' Hotel, motel, lodge I
'
C I ;
C
-
! - -- -
1 Kennel '
A ' ,
- I
- - --
-
;Large scale retail business3 , , '
- -
, ,
-
I , Livestock facility .300 AU ;
C '
- -
; Manufacturing facility (light) 1
- II
C
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,
Mixed use° ,
_
.
-
C
-
1
, Mortuary '
,
C ,
A
-
,
, Museum ,
C '
C ;
,
' Nursery, wholesale (only) 1
p
-
i-
' Nursing facility, skilled 1 '
-
A
,
- ,
, Office building or use, relating to an approved development
C
A 1
Office, temporary construction ,
,
A
A ,
.
; Park, public '
C '
P
-
, Pit, mine, or quarry 1
C ,
,
- 1
Portable classroom 1
A
A
-
Post office or mail delivery service
_
A
-
Power plant
C
C
, Professional offices or buildings
-
A
1
: Public or quasi -public use ,
C
P
,
C.
Public service facility ,
C
C
C .,
,
Research and development facility ;
-
C
, ,
Restaurant
C
Restaurant, formula6 ,
_
C
, C
Retail, formulae ,
- ,
C
I -
_
Roadside produce stand
A .
A
f -
Sanitary landfill, restricted 1
C
A
-
School, public or private, including vocational
C
C
Soil or water remediation '
C
-
-
Stable or riding school, commercial ,
C ' C
- .
i
, Storage building and yard ,
C . C
Swimming pool, private or public !
A ' A ' __ ,
-
_ _
Temporary living quarters ,
A ,
A ',
i
Tower or antenna structure, commercial
C ,
I C
Page 25 of 26
Ord. 964 Airport Hangars
March 8, 2018
Tower or antenna structure, private
C
Warehousing facility
C
j Winery
C
Notes:
1.Housing must be a part of a mixed use project.
2.See section 3.8.18 of this title for limitations on retail, formula.
3See subsection 3.8.02(E) of this title.
4.Residential uses are permitted in mixed use building when the primary use of the ground
floor is a nonresidential use allowed in the CV zone.
5.Multi-family housing must be a part of a mixed use project.
6.See section 3.8.17 of this title for limitations on restaurants, formula.
Section 3: Effective Date: That this ordinance shall take effect and be in full force upon its passage,
approval, and publication in accordance with Idaho law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 8 DAY of MARCH, 2018.
.taeCALl ..
SEAL o
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Attest: ; Q
By
BessieJo Wa�,.'er, City C.rk
Approved:
ckie J. Aymon, Mayor
Page 26 of 26
Ord. 964 Airport Hangars
March 8, 2018
A SUMMARY OF ORDINANCE NO.964
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE
TITLE 3 CHAPTERS 2 AND 6; AMENDING SECTION 3.2.01 ADDING THE DEFINITION
OF A HANGAR; AMENDING SECTION 3.6.02 TABLE PERMITTED AND
CONDITIONALLY PERMITTED USES WITHIN PUBLIC ZONES ADDING HANGARS AS
A PERMITTED USE; AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance
• amend Section 3.2.02, Meanings of Terms or Words, by adding the definition
of hangar to be a building with the primary purpose of aircraft storage or
maintenance
• amend Section 3.6.02, Public Zone Use Regulations, Table 3.6.02, Permitted
and Conditionally Permitted Uses Within Public Zones, to add hangars as a
permitted use in the Airport Zone (AP).
The Ordinance shall take effect upon its passage, approval, and publication in accordance with
Idaho law.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 2-2-- DAY
OF ma , 2018.
ATTEST:
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By
BessieJo Waer, City Cle
Ordinance 964 Summary
March 22, 2018
Approved:
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 964
Certification of City Legal Advisor
of the Summary prepared
for the above -numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above -
numbered Ordinance and the Summary for the above -numbered Ordinance, believes the
Summary of the above -numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this 8th day of March, 2018.
William F. Nichols
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Tricia Warren, being duly sworn and say, I am the receptionist of
The Star -News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began March 29, 2018 and ended March 29, 2018.
Subscribed and sworn before me this the 29th day of March, 2018.
STATE OF IDAHO
COUNTY OF VALLEY
On this 29th day of March in the year of 2018, before me, a Notary
Public, personally appeared Tricia Warren, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
,oiuis.40444
•
t�oTaR••
�' oM GRar"w
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 1/19/2024
A SUMMARY OF ORDINANCE NO.964
PASSED BY THE CITY OF
MCCALL, IDAHO
AN ORDINANCE OF THE CITY OF
McCALL, A MUNICIPAL CORPORATION
OF THE STATE OF IDAHO, VALLEY
COUNTY, IDAHO AMENDING MCCALL
CITY CODE TITLE 3 CHAPTERS 2 AND
6; AMENDING SECTION 3.2.01 ADD-
ING THE DEFINITION OF A HANGAR;
AMENDING SECTION 3.6.02 TABLE PER-
MITTED AND CONDITIONALLY PER-
MITTED USES WITHIN PUBLIC ZONES
ADDING HANGARS AS A PERMITTED
USE; AND PROVIDING AN EFFECTIVE
DATE.
The principal provisions of the Ordinance
❑ amend Section 3.2.02, Meanings of
Terms or Words, by adding the definition of
hangar to be a building with the primary pur-
pose of aircraft storage or maintenance
❑ amend Section 3.6.02, Public Zone
Use Regulations, Table 3.6.02, Permitted and
Conditionally Permitted Uses Within Public
Zones, to add hangars as a permitted use in the
Airport Zone (AP).
The Ordinance shall take effect upon its
passage, approval, and publication in accor-
dance with Idaho law.
The full text of the Ordinance is available
for review at City Hall and will be provided
by the City Clerk to any citizen upon personal
request, or can be viewed on the City website
at www.mccall.id.us.
APPROVED BY THE COUNCIL OF
THE CITY OF McCALL, IDAHO, THIS
22nd DAY OF MARCH, 2018.
Approved:
By: JACKIE J. AYMON, Mayor
ATTEST:
By: BessieJo Wagner, City Clerk
l tc3/29