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HomeMy Public PortalAboutAB 04-55 attch - Ordinance 793 - ChurchesCHURCHES AND RELIGIOUS USES ORDINANCE NUMBER _______ 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 part to 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”: (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 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”. (I) 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) Churches (T S) Drive-in restaurants (U T) Medical facilities (V U) Outdoor amusement facilities (W 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. CONDITI ONAL 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 ___________, 2004 Attest: _____________________________ ___________________________ Kirk L. Eimers Shirley K. Overton Mayor Deputy City Clerk