HomeMy Public PortalAboutOrd. 793 - Churches and Religious UsesCHURCHES AND RELIGIOUS USES
ORDINANCE NUMBER 793
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
AMENDING McCALL CITY CODE TITLE THREE, CHAPTER FOUR TO
MODIFY THE DEFINITIONS OF "CHURCH" AND "PRIVATE COMMUNITY
USES"; AMENDING TITLE THREE, CHAPTERS FIVE THROUGH THIRTEEN
TO ALLOW A CHURCH AS A CONDITIONAL USE IN ALL ZONING
DISTRICTS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title Three of the McCall City Code unduly restricts the
location of churches within the City of McCall; and
WHEREAS, the City of McCall Planning & Zoning Commission has
recommended the adoption of an Ordinance allowing churches as conditional
uses in all zoning districts; and
WHEREAS, the recommendations of the City of McCall Planning & Zoning
Commission have been made pursuant to the requirements of Idaho Code 67-
6511 and McCall City Code 3-33; and
WHEREAS, allowing churches as conditional uses in all zoning districts
will be generally in conformance with the recommendations of the McCall Area
Comprehensive Plan; and
WHEREAS, allowing churches as conditional uses in all zoning districts
will be consistent with commonly accepted land use planning practices; and
WHEREAS, allowing churches as conditional uses in all zoning districts
will not result in demonstrable adverse impacts upon the delivery of public
services; and
WHEREAS, the McCall City Council has conducted a public hearing on
the issue in conformance with the requirements of Idaho Code 67-6511 and
McCall City Code 3-33.
THEREFORE, be it Ordained by the Mayor and Council of the City of
McCall, Valley County, Idaho, as follows:
Section 1.
McCall City Code Section 3-4-020, relating to Definitions, is amended by
modifying two definitions as follows: [note: The final ordinance for Council consideration
will include the complete text of this section. This draft only contains the portion to be amended.]
CHURCH BUILDING: A structure building or portion of a structure
building used for the purpose of worship by any religious
organization exempt as such from Federal income tax.
PRIVATE COMMUNITY USES: Churches, Sunday schools, parochial
schools, colleges, camps, hospitals and other facilities of an
educational, religious, charitable, philanthropic or nonprofit
nature.
Section 2.
McCall City Code Section 3-5-030, relating to Conditional Uses in Zone R-10, is
amended in pertinent part to read as follows:
3-5-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Section 3 31
030 of this Title Chapter 3-31, "Conditional Use Permits":
(H) Churches
Section 3.
McCall City Code Section 3-6-030, relating to Conditional Uses in Zone R-5, is
amended in pertinent part to read as follows:
3-6-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Section 3 31
030 of Chapter 3-31, "Conditional Use Permits":
(H) Churches
Section 4.
McCall City Code Section 3-7-030, relating to Conditional Uses in Zone R-1, is
amended in pertinent partAo read as follows:
3-7-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Section 3 31
030 of Chapter 3-31, "Conditional Use Permits":
(D) Churches
Section 5.
McCall City Code Section 3-8-030, relating to Conditional Uses in Zone A, is
amended in pertinent, part to read as follows:
3-8-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Section 3 31
030 of Chapter 3-31, "Conditional Use Permits":
ORDINANCE NUMBER 793 page 2 of 4
For Public Hearing on April 8, 2004 and continued on April 22, 2004
(B) Public or private community uses, such as churches, clubs,
community centers, museums, libraries, hospital, medical
clinic, care centers and schools which satisfy the
requirements set forth in Chapter 3-27, "General
Development Standards".
(D) Churches
Section 6.
McCall City Code Section 3-9-030, relating to Conditional Uses in Zone B, is
amended in pertinent part to read as follows:
3-9-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Section 3 31
030 of Chapter 3-31, "Conditional Use Permits":
(C) Public or private community uses, such as chu , clubs,
community centers, museums, libraries, hospital, medical
clinic, care centers and schools which satisfy the
requirements set forth in Chapter 3-27, "General
Development Standards".
(l) Churches
Section 7.
McCall City Code Section 3-10-030, relating to Conditional Uses in Zone CB, is
amended in pertinent part to read as follows:
3-10-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Section 3 31
030 of Chapter 3-31, "Conditional Use Permits":
(H) Churches
Section 8.
McCall City Code Section 3-11-030, relating to Conditional Uses in Zone C, is
amended in pertinent part to read as follows:
3-11-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Section 3 31
030 of Chapter 3-31, "Conditional Use Permits":
(J) Churches
Section 9.
McCall City Code Section 3-12-020, relating to Permitted Uses in Zone GC, is
amended in pertinent part to read as follows:
3-12-020. PERMITTED USES. The following uses are permitted
provided that all applicable standards established in this Title are met:
(S) ChurchcJ
(T S) Drive-in restaurants
ORDINANCE NUMBER 793 page 3 of 4
For Public Hearing on April 8, 2004 and continued on April 22, 2004
(kJ T) Medical facilities
(V U) Outdoor amusement facilities
(A V) Laundromats
(X W) Rental facilities, including truck and trailer rental and
contractor rental yards
(Y X) Dwelling, rooming house (including bed and breakfast)
Section 10.
McCall City Code Section 3-12-030, relating to Conditional Uses in Zone GC, is
amended in pertinent part to read as follows:
3-12-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Chapter 3-31,
"Conditional Use Permits":
(D) Churches
(D E) Other uses deemed appropriate by the Commission.
Section 11.
McCall City Code Section 3-13-030, relating to Conditional Uses in Zone I, is
amended in pertinent part to read as follows:
3-13-030. CONDITIONAL USES. The following uses may be permitted
in accordance with the procedures and standards set out in Section 3 31
030 of Chapter 3-31, "Conditional Use Permits":
(H) Churches
Section 12.
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.
Passed and Approved April 22, 2004
Kirk L. Eimers
Mayor
Attest:
Olianq
Deputy City Clerk
ORDINANCE NUMBER 793
For Public Hearing on April 8, 2004 and continued on April 22, 2004
page 4 of 4
Publisher's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
I, Carol J. Wright, being duly sworn and say, I am the receptionist of
The Star -News, a weekly newspaper published at McCall, in the County of
Valley, State of Idaho; that said newspaper is in general circulation in the
county of 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 publica-
tion of such notice began May 6, 2004 and ended May 6, 2004.
Subscribed and srn before this the 6th day of May, 2004.
STATE OF IDAHO
COUNTY OF VALLEY
On this 6th day of May, in the year of 2004, before me, a Notary
Public, personally appeared Carol J. Wright, 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.
®/ _• A• 0TA!I, ® S
0
0
CO 0
i % .A CI B LLB
s 0
6
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/06
oKc
s.
��
7 '
`
T D
" T H R E E - C H A P T E A S : , " V I ' V E 1 .
c o d & t i o n ��, u s e s i n a U , z o n i n g . d i s t r i c t s ; a n d
W H E R E A S ; t h e r e c o m i ����
C o d e , 3 ��3 3 ; a n d .
. u s e s i n a l l z o n i n g ,
a l l y i n ��6 4 6 r m a n c e . w i t h t h e j 6 ��0 1 n f f i b n d a t i o n l . . . .
- a 6 m p i e h e i i s i v e P l a n l '
o f t h e M c C a l l A r c ,
W H E R E A
t h e
i n d e m o n s t r a b l e A d v e r s e i m p a c t s U p o n
l i v e r y o f p u b l i c s 6 M 6 6 s ;
F O b e
t o
M c C a l l C i t y , ��C q d e
' d r a f t o n l y . c o n t a i n s , l i t e
n g
c o l l e g e s ; c a m p s , h o s p i t a l s a n d 0 e r
t h r o p i c , o r n o n p r o f i t n a t u r e .
i n g t o C o n d i t i o n a l . U s e s i n Z o n e
a m e n d e d j i �� p e r t i n e ' l i t p a r t t o f e 4 a s
h L
3 - 5 - 0 3 0 . C O N D I T I O N
M c C a l l C i t y . C b d 4 ,
e 6 d a s f o l l o w s :
- -
a c c o r d a n c e w i t h t h e ' p r o c e d u r e s a n d s t a n d
- C o n d i t i o n a l U s e P e r m i t s " :
' ( H ) C h u r c h e s
S e c t i o n 4 .
`
' _ _ - - ' '
. C o d e S e c t i o n 3 - 7 - 0 3 0 , J r b l h i r ' . _
u ` � e r v " = t p a r t ~ ~ - - - ��f o l l o w s . z m ^