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HomeMy Public PortalAboutOrd. 847 - Calculation of Sideyard Setbacks - Title 3ORDINANCE NO. 847 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING NOTE #3 OF TABLE 3.3.03, DIMENSIONAL STANDARDS BY RESIDENTIAL ZONE OF CHAPTER 3, RESIDENTIAL ZONES, OF TITLE III, ZONING, OF THE McCALL CITY CODE, TO AMEND THE CALCULATION OF SIDEYARD SETBACKS TO INCLUDE USING ONE HALF OF THE HEIGHT OF THE BUILDING ELEMENT OR PER 3.3.04 RESIDENTIAL ZONE WIDTH VS. SIDE YARD SETBACK, WHICHEVER IS GREATER. WHEREAS, an application for approval of a code amendment, pursuant to MCC 1.1.3, was submitted by Le Bennett from Bennett Architects on June 1, 2007. WHEREAS, the code amendment would change the way sideyard setbacks are calculated within residential zones in the City and Impact Area of McCall. WHEREAS, the McCall Planning and Zoning Commission, held a properly noticed and regularly scheduled public hearing on June 10, 2007 and August 7,2007, to consider this proposed text amendment. WHEREAS, after considering all testimony the Planning and Zoning Commission recommended the McCall City Council approve this action. WHEREAS, the proposed code amendment was modified at the October 25, 2007 City Council to retain the current language in MCC 3.3.04 and change Notes #3 of Table 3.3.03 to include an additional requirement to calculating the side yard setbacks. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO: Section 1: McCall City Code Section 3.3.03 is amended to read as follows: 3.3.03: RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS: The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective residential zones. Table 3.3.03 in this section lists the site development standards required for residential development properties. Chapter 10 of this title provides special provisions for planned developments. TABLE 3.3.03 DIMENSIONAL STANDARDS BY RESIDENTIAL ZONE Ordinance No. 847: Calculation of Sideyard Setbacks Page 1 November 8, 2007 Dimensional RR RE RI R4 R8 R16 5 Standard Nominal property size 10.0 5.0 1.0 4 units/ 8 units/ 16 acres acres acre acre acre units/ acre Minimum property size (square 360,000 180,000 40,000 10,000 5,000 3,500 feet) Street frontage, minimum (in feet) 300 200 100 75 50 25 1 Setback (in feet) from: 1. Any property line on an arterial 30 30 30 25 20 20 or collector street 2. Front property line on a minor or 25 25 25 20 20 15 5 private street 3. Front property line where alley 25 20 20 15 15 10 5 provides access to garage or where the garage is side loaded 4. Interior side property line 2,5,9 50 30 3 3 3 3 5. Rear property line 2,5,9 50 30 8 8 8 8 6. Side property line on minor or 25 25 20 3 3 3 private street 2,4,5,9 Maximum height (in feet) 35 35 35 35 35 50 6 Minimum distance between 20 20 20 10 10 10 buildings (in feet)? Notes: 1. Measured at the setback line; for flag lots, the setback starts at the end of the pole section. 2. See section 3-10-08 of this title, regarding zero lot line developments. 3. See Figure 3.3.04 to determine minimum setbacks and § 3.3.041 regarding snow shedding roof setback. However, no Building Element shall be closer to a side property line than one-half (1/2) the Building Element Height (see Definitions, Chapter 2); use the greater of this measurement or that determined from §3.3.04 and Figure 3.3.04. 4. If vehicle access is restricted on such street, a setback of 15 feet is permitted. Ordinance No. 847: Calculation of Sideyard Setbacks Page 2 November 8, 2007 5. A conditional use permit may be applied for requesting a reduced setback, taking into consideration the surrounding zones, terrain, watercourse features, wetlands, or need for snow storage. 6. Exception to height allowances as noted in chapter 7, "Special Districts", of this title. All buildings over 35 feet in height will require a conditional use permit. 50 percent of the units gained by the additional height, if permitted, shall be community housing units. 7. To points of building elements in opposition. 8. Determine rear setback using section 3.3.05 of this chapter. 9. For zero lot line developments, the maximum lot coverage standard shall be increased by 10 percent for each lot line with a 0 foot setback. For example, for a lot with one zero lot line and a size of 10,000 square feet, the percent of lot coverage would be: 30% + 10% x (30%) = (30+3)% = 33%. Section 2: This Ordinance shall be effective upon March 1, 2008 and its publication after passage and approval, as provided by law. PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS DAY OF A_._4 2007. APPROVED BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS off, DAY OF N,Ye'i,-, , -2007. Attest: By d Quiel, Actin: ity Cler Approved: Byv William Robertson, Mayo Ordinance No. 847: Calculation of Sideyard Setbacks Page 3 November 8, 2007