HomeMy Public PortalAboutOrd. 712 - Zone R-10 Drainage WaterORDINANCE NO.712,
DRAINAGE MANAGEMENT AMENDMENTS OF 1997
An ORDINANCE OF THE CITY OF McCALL RELATING TO PLANNING AND
ZONING; PROVIDING FOR A PERMITTED USE WITH DESIGN REVIEW IN ZONE
R-10 FOR OCCUPANCY OF CARETAKER DWELLING UNITS; AND TO THE
BUILDING CODES, RESPECTING DRAINAGE AND TREATMENT OF DRAINAGE
WATER, INCLUDING:
[§ 1] DEFINITIONS OF VEHICLE, ATTACHED, CARETAKER DWELLING UNIT
[§ 2] DEVELOPMENT STANDARDS IN ZONE "SL" WITH PARTICULAR
REFERENCE TO DRAINAGE REQUIREMENTS;
[§ 3] REQUIRED IMPROVEMENTS IN SUBDIVISIONS, PARTICULARLY IN
RELATIONSHIP TO DRAINAGE;
[§ 4] AMENDMENTS TO LAND DEVELOPMENT DRAINAGE REQUIREMENTS
CLARIFYING THAT TREATMENT IS REQUIRED;
AMENDMENTS TO THE BUILDING CODE PROVIDING FOR REVIEW OF
CERTAIN MATTERS BY CITY ENGINEER, RATHER THAN BUILDING
INSPECTOR, AND DRAINAGE;
[§ 6] AMENDMENTS TO THE BUILDING CODE UPDATING REFERENCES TO
INCORPORATED BUILDING AND SAFETY CODES;
[§ 7] AMENDMENTS TO THE BUILDING CODE RESPECTING
MANUFACTURED HOUSING;
[§ 8] EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. McCall City Code Section 3-4-020 is amended in by adding a definition as
follows, in alphabetical order, and renumbering definitions accordingly:
##. Caretaker Dwelling Unit— A dwelling unit separate from,but on the same lot or
unsubdivided acreage as, the main residence, which is intended to be used for the
residence of a caretaker or other employee who works on the same property, and
which is not intended to be the primary dwelling, does not have a bulk in excess of
such primary dwelling, and is neither used nor intended to be used for lease or
rental purposes, other than to such an employee and that employee's family.
# # . Attached. — Made part of, joined; in the case of signs on vehicles, painted on,
riveted on, bolted on, or similarly permanently joined together with the
vehicle and entirely flat against an original surface of the vehicle and not
extending beyond or above that original surface (except as inherently above
the surface to the extent of the thickness of the sign.
# # . 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 ordinance the sign may otherwise be.
[§ 5]
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 1 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
1
Section 2. McCall City Code Section 3-5-020 relating to permitted uses in zone R-10 is
amended by adding a new permitted use with design review as subsection (G) follows:
IG). Residential use of a caretaker dwelling unit by a caretaker or other employee who
works on the same property at no more than one dwelling unit per five acres, gross
density. The design of a proposed caretaker dwelling unit shall be submitted to the
Commission for review and approval without a public hearing, which approval shall
require a finding that the design is, as built or planned. compatible with the primary
dwelling and with the surrounding community environment, and is in compliance
with all other applicable provisions of this code. including but not limited to
provisions for applicable overlay zones. Such design review may be concurrent with
any overlay zone review._If the caretaker dwelling unit is proposed to be built prior to
the primary dwelling. then as part of the review the applicant shall submit a site plan
showing the property in question and disclosing fully and without material
misrepresentation the proposed finished condition of the property. including
buildings. fences. other structures, impervious surfaces. vegetation. signage, as
well as any other attribute of the property which could be readily noticed from off -
site by passing persons; photographs shall be submitted which disclose the view of
existing conditions from the road. Subsequent construction must conform to such
site plan, as approved, without material deviation.
Section 3. McCall City Code Section 3-13-060 respecting development standards in Shore -line
and Rivers Environs District Zone SL is amended in pertinent part to read as follows:
3-15-040. REQUIREMENTS FOR DEVELOPMENT.
(B) Development:
1. No construction, alteration or activity shall cause harm to
To this end, all applications for building permits within this overlay district,
no matter what the permit may be for. shall be accompanied by a plan for
the installation of appropriate natural, storm. and meltwater drainage and
treatment facilities, to include such plans for natural. storm and meltwater
drainage of the property and on and through the property. consistent
with best management practices under State and Federal storm and
meltwater regulatory programs to which the City is subject, and consistent
with other City programs in these regards. all as established to the
satisfaction of the City Engineer.
2. "Harm" for these purposes means
(a) the creation of conditions which foster run-off of, or other
entrance of fertilizers, toxic substances, or other pollutants, -or
contaminants, into the water; or
(e) ...: or
the creation of any other condition which would be inconsistent
with best management practices under, or threaten a violation of,
State and Federal storm and meltwater regulatory programs to
which the City is subject. or fail otherwise to be consistent with
other City programs in these regards, all as established to the
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 2 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
satisfaction of the City Engineer
Section 4. McCall City Code Section 3-21-260 (A) respecting subdivision improvements
is amended in pertinent part to read as follows:
(A) The subdivider shall plan, and construct in residential, commercial, or industrial
subdivisions:
1. Paved streets; except that paving within the Impact Area is required only when:
(a) paving would be required by the County in a like location, as
determined by the County Engineer, or
(b) the land being subdivided is in whole or pertinent part within that area
identified as to be annexed to the City by the then current
Comprehensive Plan. or
in the opinion of the City Engineer applicable Federal or State air or water
pollution control requirements mandate or soon will mandate paving.
2. Appropriate natural. storm. and meltwater drainage and treatment facilities,
to include provisions for natural. storm and meltwater drainage and
treatment within street rights -of -way and other drainages on and through
the property. consistent with best management practices under State and
Federal storm and meltwater regulatory programs to which the City is
subject. and consistent with other City plans in these regards. all as
established to the satisfaction of the City Engineer. Off -site improvements
necessary for interconnection may be required of the developer as a
condition upon plat approval. or platting and development shall be
postponed until such improvements are provided by others. Nothing in this
Title shall ever be construed to require the City to expend public funds not
budgeted and appropriated for the purpose.
3. Water and sewer lines; except that installation of water or sewer lines, either
or both, may be waived under circumstances where applicable State health
and environmental requirements and Title 6, McCall City Code, do not
require the same; provided, however, that the Commission may
nevertheless require the installation of dry water or sewer lines when the
land being subdivided is in whole or pertinent part within that area identified
as to be annexed to the City by the then current Comprehensive Plan, and
or is shown as to be provided with water or sewer, or both, as the case may
be, in adopted water or sewer master plans.
4. Underground power and telephone.
5. Street lights at intersections with collector or arterial streets as
determined in good faith by the Administrator.
6. Underground cable television service. except.where waived by the
Administrator because the property is too remote from existing service
and planned expansions of service.
7. Paved bicycle paths where shown on an approved park or path plan of the
Planning Jurisdiction or relevant part thereof. and additionally as needed
for use for access to and from and within such subdivision: and such other
provisions for designation and signing of pedestrian and bicycle routes as
the Commission deems appropriate for the subdivision.
8. Sidewalks where within Zones "GC or "C." either separated by
landscaped drainage from the street. or with rolled curb and gutter: and
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 3 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
sidewalks. curb and gutter. where within Zone "CB."
9. Groundcover, landscaping. and irrigation within common areas. street
dedications. and other dedications. where natural vegetation was
excavated. covered, or otherwise disturbed during construction, to
include also fill and cut slopes: homeowners' associations where formed
shall be responsible for maintenance of vegetation within common areas,
street dedications. and other dedications. to the extent not performed by
the owner of abutting improvements. Vegetation within drainage ways
shall be designed to improve appearance. hold down dust. and to
cleanse, but not obstruct drainage. consistent with best management
practices outlined in State and Federal storm and meltwater programs to
which the City is subject, and consistent with other City programs in these
regards, all as established to the satisfaction of the City Engineer.
Section 5. McCall City Code Section 3-27-060 is amended in pertinent part as follows.
3-27-060 LAND DEVELOPMENT DRAINAGE PLAN REQUIREMENTS
(A) Drainage Report Required.
1. A drainage plan and report prepared by a registered professional
engineer is required for all new subdivisions, and for building permits for
commercial construction. or multifamily developments within the Planning
Jurisdiction.
2. This section is intended to define the basic criteria for drainage plans which
shall be subject to review and evaluation by the City Engineer or.ita retained
consultants as may be provided in Title II; supplemental information may
be requested. The design of drainage and treatment facilities to handle
development drainage and storm and meltwater can not be efficiently
covered by a set of rigid requirements. Each development and designer
may have unique solutions to their specific development projects needs.
This section therefore outlines the elements to be considered during
planning and design to promote consistency in natural. storm and
meltwater drainage and treatment system design and evaluation.
3. Failure to provide required information will result in delays in processing
applications, and in appropriate cases, rejection of those applications by the
Administrator.
(B) Content of Report. A drainage and treatment plan and report must address each
of the following areas furnishing all requested information. Submittals not
providing the required information will be returned without review.
1. Basin Characteristics.
a. Project Site.
b. Upstream contributing area.
c. Combined drainage areas:
d. Physical characteristics.
e. Existing drainage facilities impacted by the proposed
development on the site and downstream of the development.
f. Existing treatment facilities
2. Hydrological analysis of the project site and total drainage area (including
upstream tributary areas). Minimum design frequencies shall be based
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 4 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
upon Table 1. Rainfall intensities shall be based upon Figure 1. The
report shall show all calculations, assumptions, and methods.
3. Drainage Control and Treatment Facilities.
a. The plan shall include a drainage and treatment plan showing all
proposed drainagc facilities.
b. Final design submittal shall show detailed information of all
proposed drainage and treatment facilities and improvements.
4. Downstream Impacts. if any.
5. Operation and Maintenance. A description of operation and
maintenance requirements must be included in the drainage and
treatment plan and report. Items to be discussed include access,
maintenance procedures, safety procedures, operation and control
procedures, ownership, and any unique elements of the system.
Section 6. McCall City Code Section 2-2-203 is amended in pertinent part as follows
and by adding a new subsection (C):
2-2-030: REGULATIONS RESPECTING DRAINAGE:
(A) The-Buildingector City Engineer shall review all applications for permits to
determine whether the development is reasonably designed to avoid flooding
other properties. If the development will potentially contribute to flooding, the
proposed construction must:
1 Be designed (or modified) to prevent flooding of other properties; and
2. Use construction methods and practices that will minimize flood damage
to other properties.
(B) The City Engineer hall review subdivision proposals and
other proposed new development to assure that:
1 All such proposals are consistent with the need to minimize flood
damage; and,
2. All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located, elevated and/or constructed to minimize or eliminate
flood damage.
3. Appropriate natural. storm. and meltwater drainage and treatment facilities
will be provided, to include provisions for natural. storm and meltwater
drainage and treatment within street rights -of -way and other drainages
on. abutting. and through the property, consistent with best
management practices under State and Federal storm and meltwater
regulatory programs to which the City is subject. and consistent with
other City programs in these regards. all as established to the satisfaction
of the City Engineer. Off -site improvements necessary for
interconnection may be required of the developer as a condition upon
issuance of building permits and development shall be postponed until
such improvements are provided by others. Nothing in this Title shall ever
be construed to require the City to expend public funds not budgeted
and appropriated for the purpose. With the approval of the City Manager,
the City Engineer may waive immediate construction in connection with
receipt by the City of an irrevocable commitment to participate in a local
improvement district or other assurance of future construction, where the
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 5 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
contribution of the subject property to the problem being addressed is
neither individually nor cumulatively more than minor.
(C) New or replacement water supply systems and/or sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood water into the systems
and discharge from the systems into the flood waters. On -site waste disposal
systems must be located so as to avoid impairment to them or contamination from
them during flooding. (Ord. 343, 8-19-75)
(D) The provisions of this Section are in addition to, and not in lieu of, the flood plain
chapter of Title 3.
Section 7. McCa11 City Code 2-1-070 is amended in pertinent part to read as follows:
2-1-070: ADOPTION OF CODES: The following codes, as amended by section 2-1-080,
shall apply to all areas within the Planning Jurisdiction of the City of McCall, Idaho.
(A) The Uniform Building Code, 1-1994 edition, and the following
appendices thereto:
Chapter 11, Agricultural Buildings
Chapter 23, Snow Load Design
Chapter 32, Reroofing
Appendix Chapter 31-49, Patio Covers
Appendix Chapter 33, Excavation and Grading
(B) The Uniform Code for Abatement of Dangerous Buildings, 1991 edition,
published by the International Conference of Building Officials.
(C) The Uniform Mechanical Code, 4994-1994 edition, published by the
International Conference of Building Officials and the International
Association of Plumbing and Mechanical Officials. (Ord. 542, 2-9-89; and.
Ord. 605, 4-23-92)
(D) The Uniform Fire Code, 4-994-1994 edition, and Appendices II A, II C, II
F, III A, III B, III C, V A, VI A, and VI D, published by the Western Fire
Chiefs Association and the International Conference of Building Officials.
(E) The Life Safety Code, National Fire Protection Association Code number
101 4994-1994, published by the National Fire Protection Association.
(Ord. 605, 4-23-92)
(F) National Fire Protection Code sections as follows:
NFPA 501 A 19871992: Manufactured Home Installations
NFPA 501 C 19901993: Recreational Vehicle Fire Safety Guidelines
NFPA 501-D 19901993: Recreational Vehicle Parks and Campgrounds
NFPA 54-4-988-1992: Natural Fuel Gas Code
NFPA 58 19891995: Storage and Handling of Liquefied Petroleum Gases
NFPA 59-19891995: Storage and Handling of Liquefied Petroleum Gases
at Utility Gas Plants
(G) National Electrical Code, 1990 edition, and the appendices thereto as
amended, recommended by the American Insurance Association for
electrical wiring and apparatus. (Ord. 542, 2-9-89; and. Ord. 605, 4-23-92)
(H) "The Uniform Code for Building Conservation", 1994 edition, Chapters 1,
2, 3, 4, 5, 6, and 7, without appendices, published by the International
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 6 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
Conference of Building Officials, as more fully provided in Chapter 4 of
this Title respecting Historic Buildings. (Ord. 686; 10-26-95)
Section 8. McCa11 City Code 2-1-080 (A) is amended in pertinent part to read as follows:
2-1-080:
AMENDMENTS TO UNIFORM CODES AND PROVISION FOR
MANUFACTURED HOME SNOW LOADS
(A) SNOW LOADS. Section 2305(d)1637 of said Uniform Building Code shall be
amended by adding the following:
The minimum nominal design snow load shall be designated as 120
pounds per square foot and the Building Inspector may require
structures to be designed for heavier loadings in certain locations in the
Planning Jurisdiction known to experience heavier snow falls.
The following provisions shall additionally apply to manufacture housing (formerly
known as mobile homes) as defined and regulated under 42 USCA §5401, et
seq.
1
Each
such home shall conform to a Federal manufactured home standard
adopted under 42 USCA §5401, et seq. which standard provides a
nominal design snow load of 120 pounds per square foot or greater, or if
none does, then that standard which most nearly approximates a nominal
design snow load of 120 pounds per square foot. The applicant for a
permit for the placement of such a home has the burden of
demonstrating which Federal standard is met by the unit, and whether
that standard is one described in the immediately preceding sentence of
this paragraph. If such manufactured home does not meet a standard of a
nominal design snow load of 120 pounds per square foot, it may not be
sold into or installed within the Planning Jurisdiction. nor may any building
or installation permit for such a manufactured home be issued by the
Building Inspector, unless:
(a) it prominently bears notice affixed to the manufactured home, in a
typeface of a size not less than thirty-two point Helvetica font, thus:
The City of McCall deems any
home with a snow load capacity
of less than 120 pounds per
square foot to be a lifer & safety
hazard, and recommends
against the purchase of any such
home. Under HUD's program for
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 7 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
certification of manufactured
homes, HUD has stated that all
of Idaho is in the `middle zone'
(as opposed to north) and thus
requires only a 30 pounds per
square foot design load. That
design load may be appropriate
in intermountain areas without
McCall's snow and windburst
phenomena. HUD has reserved
the right to set different
standards for mountainous
areas, but HUD has not yet done
so.
and
(b) such notice is affixed to the home at time of installation within the
Planning Jurisdiction and is left in place on the home until
removed. if at all. by the purchaser after occupancy. and
the vendor or other installing person presents proof to the
Building Inspector over the signature of the purchaser that the
foregoing notice was in fact posted on the manufactured home
prior to the purchaser's entering into the contract for purchase
and that the purchaser was aware of thePlanninq
Jurisdiction's policy that any home with a snow load capacity of
less than 120 pounds per square foot is a life/safety hazard. and
that the Planning Jurisdiction recommends against the purchase
of any such home: such proof over the signature of the
purchaser shall be recorded with respect to the lot.
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 8 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
2. The sale of such a home without the above notice first being prominently
affixed to it and remaining affixed until removed as provided above in
paragraph 1.(b), shall be a criminal fraud and a misdemeanor. punishable as
provided by law, if:
such sale occurs from a sales location within the Planning
Jurisdiction, or
wherever the sale may have been contracted, if delivery of the
manufactured home is made within or into the Planning
Jurisdiction.
(B) PLAN REVIEW FEES. Section 304(b)107.3 of said Uniform Building Code shall
be amended to read as follows:
304(b)107.3 Plan Review Fees. When a plan or other data is required to be
submitted by Subsection (b) of Section 302 106.3.2, a plan review fee shall be
paid at the time of submitting plans and specifications for review. Said plan review
fee shall be set from time to time by resolution of the City Council. Tables 1-A
respecting building permits and A33 A & B respecting grading permits are also
adopted: provided, that by resolution Council may reduce the financial impact of
such Tables A33 A & B.
Where plans are incomplete or changed so as to require additional plan review, an
additional plan review fee shall be charged at those rates. Plan review fees shall
be paid in advance at the time that the request for plan review is made.
Section 9. This Ordinance shall be in full force and effect within the City of McCall
from and after its passage, approval and publication as required by law; and within the Area
of City Impact from and after the later of its passage, approval and publication as required
by law by the the City, or the passage, approval and publication as required by law of an
ordinance of the County applying this ordinance to the Area of City Impact.
Passed and approved , 1997.
1.4
ames H. Henderson,
City Clerk
William M. Killen,
Mayor
Ordinance 712, Caretaker Dwellings, Drainage and Building Code Amendments as approved for
hearing by Joint Planning & Zoning Commissions, printed June 27, 1997 Page 9 of 9
As adopted by City Council, June 26, 1997, for publication July 3, 1997.
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. 712 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 26, 1997, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall,
Idaho this 30th day of June 1997.
James H. Henderson, City Clerk
ORDINANCE NO. 97-
AN ORDINANCE OF VALLEY COUNTY AUTHORIZING THE APPLICATION OF
McCALL CITY CODE TITLE 3, AS ADOPTED BY ITS ORDINANCE 615, AND AS
AMENDED BY ORDINANCES 670, 683, AND 712, AND McCALL CITY CODE TITLE 2,
AS ADOP lED BY ORDINANCE 686, AND AS AMENDED BY ORDINANCE 712, TO
THE CITY OF McCALL AREA OF CITY IMPACT; AND PROVIDING AN EFFECTIVE
DAIL
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF VALLEY
COUNTY, MAHO, AS FOLLOWS:
Section 1. McCALL AREA OF CITY IMPACT ZONING AND BUILDING CODES.
Pursuant to Idaho Code 67-6526(a)(1), and Idaho Code 67-2328, City of McCall City Code
Title 3, its Zoning Ordinance as enacted by its Ordinance 615, in tum as amended by its
Ordinances 670, 683, and 712, and City of McCall City Code Title 2, its Building Code
Ordinance as enacted by its Ordinance 640, in turn as amended by its Ordinances 686 and
712, shall be applied to the City of McCall Area of City Impact, including the Zoning Map
adopted by such Ordinances and referenced in such Title 3.
Section 2. This Ordinance shall be in full force and effect from and after its passage,
approval, and publication as provided by law.
APPROVED THIS /y DAY OF , 19 .y
VALLEY COUNTY BOARD OF COMMISSIONERS
Terry Gestrin, Chair
F. 'hillip Davis, Commissioner
Attest:
land . Heinrich, clerk