HomeMy Public PortalAboutAB 04-53 attch - DRAFT Maximum Height LimitMAXIMUM HEIGHT LIMIT
ORDINANCE NUMBER _______
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING McCALL CITY CODE TITLE THREE, CHAPTERS TEN, ELEVEN AND TWELVE TO ALLOW
OCCUPIED STRUCTURES TALLER THAN THIRTY-FIVE FEET IN HEIGHT AS A CONDITIONAL USE IN CERTAIN ZONING DISTRICTS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title Three of the McCall
City Code unduly restricts the maximum height of buildings within certain zoning districts in the City of McCall; and
WHEREAS, the City of McCall Planning & Zoning Commission has recommended
the adoption of an Ordinance allowing buildings taller than 35 feet as conditional uses in certain 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 buildings taller than 35 feet as conditional uses
in certain zoning districts will be generally in conformance with the recommendations of the McCall Area Comprehensive Plan; and
WHEREAS, allowing buildings taller than 35 feet as conditional
uses in certain zoning districts will be consistent with commonly accepted land use planning practices; and
WHEREAS, allowing buildings taller than 35 feet as conditional uses in certain
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 3-10-030, 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) Occupied structures exceeding thirty five
(35) feet in height.
Section 2.
McCall City Code Section 3-10-060, relating to Standards for Commercial Development in Zone CB, is amended in pertinent part to read as follows:
3-10-060.
(C) Height
Limitations: No building within the Central Business District shall exceed thirty five (35) feet in height, unless a Conditional Use Permit is obtained pursuant to MCC 3-10-030(H).
Section
3.
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) Occupied structures exceeding thirty five (35) feet
in height.
Section 4.
McCall City Code Section 3-11-060, relating to Standards for Commercial Development in Zone C, is amended in pertinent part to read as follows:
3-11-060.
(C) Height
Limitations: No building within the Commercial District shall exceed thirty five (35) feet in height measured from any point of the grade prior to construction to the highest point of
the building, unless a Conditional Use Permit is obtained pursuant to MCC 3-11-030(J).
Section 5.
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”:
(E) Occupied structures exceeding thirty five (35) feet in height.
Section
6.
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) Occupied structures exceeding thirty five (35) feet
in height.
Section 7.
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 ___________, 2004
Attest:
_____________________________ ___________________________
Kirk L. Eimers Shirley K. Overton
Mayor Deputy City Clerk