HomeMy Public PortalAboutResolution 11-94 Summary of ordinance 615 RESOLUTION NO. 11-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL,IDAHO,APPROVING A
SUMMARY OF ORDINANCE 615.
WHEREAS the Idaho Code permits publication of ordinances by publication of a summary of the
ordinance; and Ordinance 615 is extremely lengthy,
BE IT RESOLVED by the Mayor and Council of the City of McCall that:
Section 1. The attached summary of Ordinance 615 is approved and shall be published in lieu of
publication of the Ordinance.
Passed and approved March 24, 1994.
A.cLAWLLL
Dean Martens
Mayor
AITEST:
rthur J. ` hmidt,
City Clerk
SUMMARY OF ORDINANCE NO.615,REPEALING AND RE-ENACTING
THE PLANNING AND ZONING ORDINANCES
Section 1 repeals Titles III (City Zoning Ordinance) and IIIA (Impact Area Zoning
Ordinance) of the McCall City Code and replaces them with the following ordinance applicable to the
entire Planning Jurisdiction of the City.
CHAPTER 1 -- PLANNING AND ZONING COMMISSION
Sections 3-1-010 through 3-1-080 define the lands to which the ordinance applies as being the City
and the Impact Area; define the boundaries of the Impact Area as those most recently agreed between
the City and the County; create the Planning and Zoning Commissions; specify qualifications,terms of
office, organization,reporting, meetings, and duties; and withhold money spending authority.
CHAPTER 2 -ZONING
Sections 3-2-010 through 3-2-030 Explain the purpose of the ordinance, the application of the
ordinance, and the various zoning districts which will exists, and explains how overlay zones are to be
reconciled with underlying zones.
CHAPTER 3--ZONING MAP
Sections 3-3-010 and 3-3-020 adopt the Zoning Map and specify how it is to be interpreted.
CHAPTER 4-- DEFINITIONS
Sections 3-4-010 and 3-4-020 provide general rules for the interpretation of terms and words, and
definitions and more specific rules of interpretation for over 131 words and phrases used in the
ordinance.
CHAPTER 5--ZONE R-10--RURAL RESIDENTIAL- 10
Sections 3-5-010 through 3-5-060 state the purposes of this zone,list permitted uses, list conditional
uses,list prohibited uses,incorporate general development standards, and set out other development
standards, for a zone which provides for a gross density of one dwelling per ten acres.
CHAPTER 6--ZONE R-5--RURAL RESIDENTIAL-5
Section 3-6-010 through 3-6-060 state the purposes of this zone, list permitted uses,list conditional
uses,list prohibited uses,incorporate general development standards, and set out other development
standards, for a zone which provides for a gross density of one dwelling per five acres.
CHAPTER 7--ZONE R-1 -- RURAL RESIDENTIAL- 1
Section 3-7-010 through 3-7-060 state the purposes of this zone, list permitted uses,list conditional
uses,list prohibited uses,incorporate general development standards, and set out other development
standards, for a zone which provides for a gross density of one dwelling per one acre.
CHAPTER 8--ZONE A--LOW DENSITY RESIDENTIAL
Sections 3-8-010 through 3-8-070 state the purposes of this zone,list permitted uses, list conditional
uses,list prohibited uses,incorporate general development standards, and set out other development
standards, for a zone which provides for a gross density of four dwellings per one acre, with a basic
lot size of 10,000 square feet, and for the application of the standards to larger tracts.
CHAPTER 9--ZONE B--MEDIUM DENSITY RESIDENTIAL
Sections 3-9-010 through 3-9-070 state the purposes of this zone,list permitted uses, list conditional
uses, list prohibited uses,incorporate general development standards, and set out other development
standards, for a zone which provides for a gross density of eight dwellings per one acre, with a basic
lot size of 5,000 square feet for attached dwellings, and for the application of the standards to larger
tracts.
CHAPTER 10--ZONE CB--CENTRAL BUSINESS DISTRICT ZONE
Sections 3-10-010 through 3-10-070 state the purposes of this zone, list permitted uses, list
conditional uses, list prohibited uses,incorporate general development standards, set out development
standards for commercial development, set out development standards for residential uses,for a zone
which provides among other things for a gross density of twenty dwellings per one acre, with
application of other Zone B development standards.
CHAPTER 11 --ZONE C--COMMERCIAL DISTRICT
Sections 3-11-010 through 3-11-070 state the purposes of this zone, list permitted uses, list
conditional uses,list prohibited uses, incorporate general development standards, set out development
SUMMARY OF ORDINANCE NO. 615 page 1 of 5
standards for commercial development, set out development standards for residential uses,for a zone
which provides among other things for a gross density of sixteen dwellings per one acre, with
application of other Zone B development standards.
CHAPTER 12--ZONE GC--GENERAL COMMERCIAL ZONE
Sections 3-12-010 through 3-12-070 state the purposes of this zone, list permitted uses,list
conditional uses, list prohibited uses,incorporate general development standards, set out development
standards for commercial development, set out development standards for residential uses,for a zone
which provides among other things for a gross density of sixteen dwellings per one acre, with
application of other Zone B development standards.
CHAPTER 13--ZONE I--INDUSTRIAL
Sections 3-13-010 through 3-13-060 state the purposes of this zone, list permitted uses, list
conditional uses, list prohibited uses, incorporate general development standards, and set out
development standards for industrial development.
CHAPTER 14--ZONE NW-- NAVIGABLE WATER ZONE
Sections 3-14-010 through 3-14-040 set out the purposes of this zone, its boundaries, and list
permitted uses, conditional uses, and prohibited uses.
CHAPTER 15--ZONE SL--SHORELINE AND RIVER ENVIRONS--(OVERLAY)
Sections 3-15-010 through 3-15-040 set out the purposes of this zone, its boundaries, list permitted
uses, and establish requirements for development.
CHAPTER 16--ZONE SR--SCENIC ROUTE DISTRICT--(OVERLAY)
Sections 3-16-010 through 3-16-040 set out the purposes of this zone,its boundaries, and
requirements and procedure for development.
CHAPTER 17-- PAYETTE LAKES WATER AND SEWER DISTRICT--(OVERLAY)
Sections 3-17-010 through 3-17-040 set out the purposes of this zone to meet certain regulatory and
grant conditions of the Federal government, the boundaries of the zone, and requirements for
development including a mandatory hook-up provision with certain exemptions.
CHAPTER 18-- FLOOD HAZARD AREAS-- (Overlay)
Sections 3-18-010 through 3-18-080 set out the floodplain ordinance as generally required by the
federal authorities for purposes of the Federal flood insurance program.It adopts the Study and Flood
Insurance Rate Maps, defines terms,provides generally and for administration, and restricts and
regulates development in the floodplain.
CHAPTER 19--MODULAR HOUSING
Sections 3-19-010 and 3-19-020 set minimum standards for the approval of modular homes in the
Planning Jurisdiction.
CHAPTER 20--MOBILE HOMES AND MOBILE HOME--SUBDIVISIONS AND PARKS
(Manufactured Homes)
Sections 3-20-010 through 3-20-030 sets out the purposes, applicable definitions, and standards for
manufactured housing (formerly mobile home)development.
CHAPTER 21 --SUBDIVISION REGULATIONS
Sections 3-21-010 through 3-21-050 set out the purpose, scope,planning parameters for subdivisions,
establishing two classes of land division,one entitled to summary procedures under plan of survey,
the other subject to formal subdivision procedures.
Sections 3-21-060 through 3-21-130 set out preliminary plat filing requirements and procedure.
Sections 3-21-140 through 3-21-180 set out final plat filing requirements and procedure.
Sections 3-21-190 through 3-21-260 set out subdivision design standards and improvement
requirements.
Sections 3-21-270 through 3-21-290 set out requirements and procedures for security for
performance.
Sections 3-21-300 and 3-21-310 set out procedures for street dedications and street vacations other
than by subdivision.
Section 3-21-320 sets out the right of the Commission to interpret this chapter.
SUMMARY OF ORDINANCE NO.615 page 2 of 5
CHAPTER 22-- PLANNED UNIT DEVELOPMENT
Section 3-22-010 sets out the purposes, eligibility requirements,procedures and standards for a form
of Planned Unit Development to be known as a Planned Community,intended for large land areas
with diverse development patterns and land uses, as for a ranch being developed with some single
family, some multifamily, and some common-ownership and commercial development[similar to
Spring Mountain Ranch in McCall; or to Reston,Virginia]. This section is more flexible and submittals
are more generalized, than in the case of the other two in this chapter.
Section 3-22-100 sets out the purposes, eligibility requirements,procedures and standards for a form
of Planned Unit Development to be known as a PUD,intended for less extensive land areas with less
diverse development patterns and land uses, that is, more of a known, single project, even if to be
phased [similar to the Aspens]. This section requires more architectural particularity in submittals than
the first one.
Section 3-22-200 sets out the purposes, eligibility requirements,procedures and standards for a form
of Planned Unit Development to be known as a Planned Development,intended for smaller land areas
with a single development pattern and land uses,that is, a discrete single project needing flexibility, as
for a mixed residential and commercial development in the Central Business District [similar to Sunset
View Condominiums]. This section provides simpler submittals for these less complex projects.
3-22-300 sets out provisions for County involvement in improvement requirements and security for
performance, where the Planned Unit Development is in the Impact Area.
CHAPTER 23--COMPREHENSIVE PLAN
Section 3-23-010 through 3-23-030 provide for, adopt, and require public availability of, a
comprehensive plan.
CHAPTER 24--SIGNS
Section 3-24-010 through 3-24-100 set out purposes and sign standards by Zone;restricts temporary
signs; sets out exemptions,provisions respecting non-conforming signs, prohibited signs,
illumination,permits and fees, structural requirements, inspection,removal , and safety.
CHAPTER 25-- PARKING REGULATIONS
Sections 3-25-010 through 3-25-050 set out the general requirements, standards,off-street parking
design and dimensional tables,parking space requirements, and provisions for general interpretations,
respecting parking.
CHAPTER 26--AIRPORT ZONING
Sections 3-26-010 through 3-26-130 state the purpose of this chapter; set out definitions; zones; height
limitations; use restrictions; provisions for nonconformities,permits, enforcement, adjustment,conflict
resolution, appeals, and judicial review; all with an eye to protecting zones of approach and departure
to and from the airport, and persons and property under those zones.
CHAPTER 27--GENERAL DEVELOPMENT STANDARDS
Section 3-27-010 states the purpose of establishing standards applicable to all zones.
Sections 3-27-020 through 3-27-070 set out significant general requirements, fire hazard mitigation
standards, exceptions to height restrictions, filing of construction drawings and as-built information,
land development drainage plan requirements, and a requirement that temporary storage and
merchandising facilities not become permanent.
CHAPTER 28--NON-CONFORMING BUILDINGS, STRUCTURES AND USES
Section 3-28-010 sets out intent respecting nonconformities.
Sections 3-28-020 through 3-28-060 set out the rules respecting each of the different kinds of
nonconformities.
Sections 3-28-070 sets out interpretive rules where the nonconformity is a use permitted under
conditional use provisions,for nonconforming parking,loading, or other characteristics of use,for
continuity of prior conditional uses and variances, and for prior land use decisions by Valley County
where (if ever) new lands may become subject to this ordinance.
CHAPTER 29--MITIGATION OF EFFECTS OF DEVELOPMENT
This Chapter is reserved for future legislation.
CHAPTER 30--VARIANCES
SUMMARY OF ORDINANCE NO. 615 page 3 of 5
Sections 3-30-010 provide for variances, applications for the same, standards,expiration,
discretionary impact statements, and procedures.
CHAPTER 31 --CONDITIONAL USE PERMITS
Sections 3-31-010 through 3-31-050 provide for applications for a conditional use permits,
discretionary environmental assessment, standards pertaining to conditional use permits, additional
standards and application contents for conditional uses for camps,procedures, expiration of permit.
CHAPTER 32-- PROCEDURES,APPEALS AND ACTION --BY AFFECTED PERSONS
Sections 3-32-010 through 3-32-080 specify who must sign as the applicant; and for general
procedures, notice of public hearing, conduct of hearings, action by the Planning Commission,
notification to applicant, action by the Council,request for hearing by affected persons, and judicial
review.
CHAPTER 33--CODE AMENDMENT PROCEDURES
Sections 3-33-010 through 3-33-030 provide generally for who may initiate an amendment of the
ordinance language and procedures for that action.
CHAPTER 34--AMENDMENT OF ZONING MAP
Sections 3-34-010 through 3-34-060 provide for Zoning Map amendments,the contents of
applications,procedures,limits on re-submission of applications, zoning upon annexation, and
development agreements.
CHAPTER 35-- ENFORCEMENT
Sections 3-35-010 through 3-35-060 spell out enforcement,duties of relevant public officers,duty to
comply, enforcement,civil enforcement, investigations, and penalties; generally,this chapter provides
for compliance inspections,misdemeanor penalties,civil penalties, and lawsuits for injunction or
specific performance.
Section 2 of this Ordinance provides for Planning Reports by amending the Building
Codes, Title II,McCall City Code,by adding sections 2-2-4 to 2-2-7 to it. Section 2-2-4 states the
purpose of the four sections to ensure the effective administration and enforcement of Title III, the
zoning ordinance. Sections 2-2-5 through 2-2-7 provide that the responsibility for the preparation of a
planning report shall be assigned to the Administrator designated by the City Manager, for furnishing
all necessary information to the Administrator,for the contents of a planning report,for forms and
instructions for the applicant to use,for procedures,notifications,review of permit applications for
compliance with zoning, and restrictions on issuance of building permits.
Section 3 of this Ordinance provides for Planning Reports by amending the Building
Codes, Title II,McCall City Code,by repealing and re-enacting Section 2-1-12 of the McCall City
Code to provide that no building permit shall be issued or authorized unless the work or project is in
compliance with zoning and subdivision ordinances of the City,for surveys,planning reports, and
certifications.
Section 4 of this Ordinance provides a Savings Clause. The repeal of former Titles III and
IIIA is not to affect any "Special Use" or"Variance" granted under such former Titles; they are to be
considered a "Conditional Use" or"Variance" approved or denied under Title III enacted by this
ordinance.Uses not permitted by the former Titles III and IIIA,but existing on the dates of their
enactment or upon the date of inconsistent zoning action under those Titles, are declared
nonconforming uses as of the dates of their enactment.
Section 5 specifies the effective date of this Ordinance as from and after its passage,
approval and publication as required by law; except that the effective date of the repeal of Title IIIA and
of the application of this Ordinance to the Impact Area is to be the date of the concurrence of the Valley
County Commissioners in the adoption of this Ordinance as to the Impact Area. The City Attorney is
authorized to insert actual dates in the text of the Ordinance prior to publication at the point where
reference is made to the date of the Ordinance.
SUMMARY OF ORDINANCE NO.615 page 4 of 5
STATEMENT OF CITY ATTORNEY
The above summary of Ordinance 615 is true and complete and provides adequate notice to the public.
Dated: March 7, 1994
./
Edward . Burton,
City Attorney
SUMMARY OF ORDINANCE NO.615 page 5 of 5
' J
!
Publisher 'sLAffidavit of Publication
I
- - __ ` -CHAPTER 6=ZONEER=5=RURAL
RESOLUTION NO.11-94, ! RESIDENTIAL-5
STATE OF IDAHO A RESOLUTION OF THE CITY COUN- I Section 3-6-010 through 3-6-060 state the
CIL OF THE CITY OF McCALL,IDAHO,, purposes of this zone,list permitted uses,list
}.ss APPROVING A SUMMARY OF ORDI- conditional uses,list prohibited uses,incorpo-
NANCE 615. ; rate general development standards,and set out
• WHEREAS the Idaho Code permits publi- I other development standards,for a zone which
County of Valley cation of ordinances by publication of a
provides for a gross density of one dwelling per
summary of the ordinance;and Ordinance 615 five acres.
I is extremely lengthy, I CHAPTER 7—ZONE R-1—RURAL
I, Ramona A.George, being duly sworn and say, I am the receptionist BE IT RESOLVED by the Mayor and i RESIDENTIAL-1
of The Central Idaho Star-News,a weekly newspaper published at McCall, in Council of the City of McCall that: , Section 3-7-010 through 3-7-060 state the
the County of Valley,State of Idaho; that said newspaper is in general Section 1.The attached summary of Ordi- I,purposes of this zone,list permitted uses,list
circulation in the county of aforesaid and is a legal'newspaper;that the 1 nance 615 is approved and shall be published in conditional uses,list prohibited uses,incorpo-
lieu of publication of the Ordinance. rate general development standards,and set out
NOTICE OF RESOLUTION 11-94,a copy of which is enclosed hereto and is a I . Passed and approved March 24,1994. _ other development standards,for a zone which
part hereof,was published in said newspaper once a week for one consecutive I Dean Martens,Mayor i provides for a gross density of one dwelling per
week in the regular and entire issue of every number there of during the period t ATTEST:Arthur J.Schmidt,City Clerk one acre.
SUMMARY OF ORDINANCE NO.615, CHAPTER 8—ZONEA-LOW'DEN,
of time of publication,and was published in the newspaper proper and not in a j SITY RESIDENTIAL
I REPEALING AND RE-ENACTING THE
supplement;and that publication of such notice began March 31, 1994 and I PLANNING AND ZONING ORDINANCES Sections 3-8-010 through 3-8-070 state the
ed March 31, 1994. I ,Section 1 repeals Titles III(City Zoning purposes of this zone,list permitted uses,list
and IIIA(Impact Area Zoning Or- I conditional uses,list prohibited uses, setincorpo-
Ordinance) orategeneraldevelopmentstandards
dinance)of the McCall City Code and replaces and set out
. ; them with the following ordinance applicable-I other development standards,for a zone which
I to the entire PlanningJurisdiction of the City. provides for a gross density of four dwellings
�� 'Aka ma,_ ' — - ,�ti� ►L� I y per one acre,with a basic lot size of 10,000
U•scribed and sworn before me a 4day of March, 1994. CHAPTER 1—PLANNING AND ZON- I ING COMMISSION q s uare feet,and for the application of the stan-
STATE OF IDAHO Sections 3-1-010 through 3-1-080 dee i dards to larger tracts.
fin
the lands to which the ordinance applies as CHAPTER E ZONE B—MEDIUM
being the City and the Impact Area;define the DENSITY RESIDENTIAL
COUNTY OF VALLEY boundaries of the Impact Area as those most 1 Sections 3-9-010 through 3-9-070 state the
recently agreed between the City and the ' purposes of this zone,list permitted uses,list
County;create the Planning and Zoning Com- conditional uses,list prohibited uses, set general development standards,and set out
missions;specify qualifications,terms of office, other development standards,for a zone which
I organization,reporting,meetings,and duties;
On this 31st day of March, in the year of 1994, before me,a Notary and withhold money spending authority. � provides for a gross density of eight dwellings
CHAPTER 2 —ZONING per one acre,with a basic lot size of 5,000
Public, personally appeared Ramona A. George, known or identified to me to Sections 3-2-010 through 3-2-030 square feet for attached dwellings,and for the
be the person whose name subscribed to the within instrument,and being by Explainthepurposeoftheordinance,theappli- Y application of the standards to larger tracts.
CHAPTER 10 — ZONE CB — CEN-
me first duly sworn,declared that the statements therein are true,and acknowl- cation of the ordinance,and the various zoning I
districts which will exists,,and explains how TRAL BUSINESS DISTRICT ZONE
edged to me that she execute• the same. ! overlay zones are to be reconciled with under- ' Sections 3-10-010 through 3-10-070 state
lying zones. the purposes of this zone,list permitted uses,
CHAPTER 3—ZONING MAP list conditional uses,list prohibited uses,incur-
' 1 Sections 3-3-010 and 3-3-020 adopt the porate general
lsdevelopment
andards for commercial set devel-
opment,,, , r g. i P niendg Map and specify how it is to be inter- development
set out development standards for
CHAPTER 4—DEFINITIONS residential uses, for a zone which provides
Tom Grote Sections 3-4-010 and 3-4-020 provide gen- among other things for a gross density of twenty
Notary Public for Idaho , eral rules for the interpretation of terms and dwellings per one acre, with application of
); ', ) ', Residing at McCall, Idaho words,and definitions and more specific rules other Zone B development standards.
Commission Expires:1999 of interpretation for over 131 words and phrases CHAPTER II—ZONE C—COMMER-
used in the ordinance. CIAL•DISTRICT
Ii 1• I CHAPTER 5—ZONE R-10—RURAL Sections 3-11-010 through 3-11-070 state
RESIDENTIAL-10 I the purposes of this zone,list permitted uses,
Sections 3-5-010 through 3-5-060 state the ; list conditional uses,list prohibited uses,incor-
- purposes of this zone,list permitted uses,list I porate general development standards,set out
conditional uses,list prohibited uses,incorpo- development standards for commercial devel-
rate general development standards,and set out opment, set out development standards for
other development standards,for a zone which ' residential uses, for a zone which provides
provides for agross density ofone dwelling per I among other things for a gross density of six-
ten acres. ____ _________ __ 1 teen dwellings per one acre.with aoolicationnf