HomeMy Public PortalAboutOrd. 840 - Code Amendment - Definition of a CondoORDINANCE NUMBER 840
AMENDING AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO BY
ADDING TEXT TO McCALL CITY CODE SECTION 3.2.02, FOR PURPOSE OF CLARIFYING
THAT A CONDOMINIUM DEVELOPMENT IS SUBJECT TO THE CITY'S SUBDIVISON
REGULATIONS AS SET FORTH IN McCALL CITY CODE TITLE 9.
WHEREAS, there has been confusion about whether a condominium
development is subject to the City's subdivision development regulations (Title 9) due to
possible ambiguity in City Code language; and
WHEREAS, amending the City's land use code to clarify development processes
is likely to advance the interests of the citizens of the City of McCall; and
WHEREAS, the McCall Planning and Zoning Commission, held a properly
noticed and regularly scheduled public hearing on June 4, 2007, in part, to consider this
proposed text amendment and after considering all testimony, recommended to the McCall City
Council that it be approved; and
WHEREAS, the McCall City Council held a properly noticed and regularly scheduled public
hearing on July 26 on the proposed zoning text amendment and approved it because of a
finding that such action served the best interests of the citizens of the City of McCall.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO:
Section 1: That Chapter 2 "Definitions", Subchapter 3.2.02
"Meaning of Terms and Words" of Title III, Zoning, of the McCall City
Code, is hereby AMENDED as follows:
Condominium - An estate consisting of (a) an undivided interest in common or
real property, an interest or interests in real property, or any combination
thereof, together with (b) a separate interest in real property, in an interest or
interests in real property, or a combination thereof. Condominium development
within the City of McCall and its' area of impact is subject to City Code of
McCall, Title 9, Subdivision and Development Regulations, and shall be
developed in accordance with MCC 9.2.08. See Idaho Code Chapter 55-101-B,
as amended.
Section 2. All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
Section 3. The McCall City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and
amended herein be declared for any reason to be invalid it is the intent of the
McCall City Council that it would have passed all other portions of this
Ordinance independent of the elimination here from of any portion as may be
declared invalid.
ORDINANCE NO. 840 Page 1
Section 4. This Ordinance does not affect an action or proceeding
commenced or right accrued before this Ordinance takes effect.
Section 5. This Ordinance shall be in full force and effect from
and after its passage, approval, and publication, according to law.
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PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS DAY OF
, 2007
APPR VED BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS DAY OF
, 2007
Appro
Attest:
By
City Clerk
By
Mayor
ORDINANCE NO. 840 Page 2