HomeMy Public PortalAboutOrd. 821 - Repealing & re-enacting Title III P&Z Ordinance (2)ORDINANCE NO. 821
AN ORDINANCE OF THE CITY OF McCALL, IDAHO REPEALING AND RE-
ENACTING THE PLANNING AND ZONING ORDINANCE AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
McCALL, IDAHO THAT:
SECTION 1: Enactment. Title III, Planning and Zoning is hereby repealed in its
entirety, and reenacted as Title III, Planning and Zoning, to read as per the following
attachments:
1. Exhibit A — Title 3, Zoning Ordinance, Council and Board Adoption Draft,
January 5, 2006
2. Exhibit B — McCall City Council, Adopted Amendments, Amendment to Title 3 —
Planning and Zoning Code, New Title 9 — Subdivision and Development
Regulation Code, February 17, 2006
3. Exhibit C — McCall City Council, Adopted Amendments, Amendment to Title 3 —
Planning and Zoning Code, February 23, 2006
SECTION 2: Savings Clause. The repeal of former Title III shall not affect any
Conditional Use or Variance granted under such former Title. Any Conditional Use or
Variance approved or denied under the former Title shall be considered a Conditional
Use or Variance approved or denied under Title III as enacted by this Ordinance. This
Section 2 does not, however, make a conforming use out of any nonconforming use. Uses
not permitted by the former Title III, but existing on the dates of its enactment or upon
the date of inconsistent zoning action under that Title, are declared nonconforming uses
as to the date of their enactment.
SECTION 3: Effective Date. This Ordinance shall be in full force and effect from and
after its passage, approval and publication as required by law; except that the effective
date of the repeal of Title III and of the application of this Ordinance to the Impact Area
shall be the date of the concurrence of the Valley County Commissioners in the adoption
of this Ordinance as to the Impact Area.
Regularly passed, approved and adopted by the Mayor and City Council of the
City of McCall, Idaho this air d day of re-h. r uav-u , 2006.
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(seal) 1 * is,®.�. * 5 William A. Robertson
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ATTEST:
Joaine E. York
City Clerk
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Exhibit B
McCall City Council
Adopted Amendments
Amendment to Title 3 — Planning and Zoning Code
New Title 9 — Subdivision and Development Regulation Code
February 17, 2006
The following amendments to the Council and Board Adoption Draft of the Zoning and
Subdivision Code were adopted by the City Council on February 16.
Housekeeping Amendments:
Title 3— Planning and Zoning
1. Chapter 2 — Definitions
a. Remove extra "white space" at bottom of page 2-2.
b. § 3.2.02 Delete definition 93. High Water Mark, Stream. Replace with
"Mean High Water Mark" throughout document.
2. Chapter 6 — Open Space and Public Zones and Standards
a. 3.6.042 Short Title — Revise from "This Chapter may be ..." to "This
Section may be ..."
b. 3.6.045 Airport Zone Height Limitations — Revise from "e. Conical Zone —
Slopes twene20 feet outward for each foot ..." to "e. Conical Zone —
Slopes twenty (20) feet outward for each foot ..."
3. Chapter 7 — Special Districts
a. 3.7.023 C. 3. a. — Capitalize "The Owner ..." and capitalize the first word
of each subparagraph: b., c., d., e. Also: 4. a. thru e., 5. a. b. c., 7. a.
thru d., and 8 .a. b.
b. 3.7.023 B. 5. — Change from "... line is met, per § 3.7.023 B. 3." to "... line
is met per § 3.7.023 C. 3. c"
c. 3.7.031 Lands Included — Revise from B. "... which is within 150 feet of
the nearest ..." to B. "... which is within one hundred fifty (150) feet of the
nearest ..."
d. 3.7.032 H. 4 — Capitalize first word of each subparagraph: a., b., c.
4. Chapter 8 — General Development Standards
McCall City Council Page 1
Adopted Amendments February 17, 2006
a. 3.8.064 — Renumber from "G" and "H" to "A" and "B."
5. Chapter 10 — Planned Unit Development
a. 3.10.07.H — Change the reference from "3.10.08.M" to "3.10.08.L."
6. Chapter 14 — Outdoor Lighting
a. 3.14.03 — Change the reference from 3.14.042 to 3.14.02
b. 3.14.03 Applicability — Revise from B."...except § 3.14.042, within ..." to
B. "...except § 3.14.052, within ..."
7. Chapter 15 — Procedures, Appeals and Action
a. 3.15.03 Date and Notice of Public Hearing — Revise from A. "...date be
set later than 75 days after ..." to A. "...date be set later than seventy-five
(75) days after ..."
8. Chapter 16 — Design Review
a. 3.16.07 Design Review Criteria C and D - Italicize Design Guidelines.
9. Chapter 17 — Enforcement
a. 3.17.08 Separability — Revise title of this subparagraph to Severability.
Also, correct the entry in the Table of Contents for Chapter 17, page 17-1
and the Table of Contents for Title 3, page v. Also, correct the entry for
the Table of Contents for Title 9, page iii (was Separability).
Title 9 — Subdivision and Development Regulations
1. Chapter 1 — Subdivision and Development Provisions
a. 9.1.05 Scope — Reformat the subparagraphs of 9.1.05 B. 1 to the
original format (Le. a., b. c. d. f. g. h. i. 1), 2), 3), h. Also, in
subparagraph j. the first word should be capitalized (Land ...).
b. 9.1.05 Scope — In subparagraph B. 2. the first word of each
subparagraph should be capitalized: a. The surveyor ... b. The
Administrator ...
c. 9.1.05 Scope — Revise from B.2.e.1. "...with the Zoning Ordinance
and ..." to B.2.e.1 "... with the Subdivision and Development
Ordinance and ..."
2. Chapter 2 — Plats and Procedures
a. 9.2.04 Contents of Preliminary Plat — Capitalize the first word of each
subparagraph: H.7. a., b., c.
McCall City Council Page 2
Adopted Amendments February 17, 2006
b. 9.2.06 Review and Action, Preliminary Plat — Revise subparagraph F.
3. (to agree with the change adopted by the P&Z on 16 November
2005) from: "A recommendation and/or a second public hearing ..." to
"A recommendation of approval and/or a second public hearing ..."
c. 9.2.07 Final Plat — Capitalize the first word of each subparagraph:
D.1.a., b., c., d. D. 3. d. ("If the final ...")
d. 9.2.08 Condominium Development — Change from 9.2.083 (first
and last sentences) "...by-laws..." to 9.2.083 "...bylaws..."
3. Chapter 3 — Subdivision Design Standards
a. 9.3.107 — Correct spelling in first sentence from "in -lieu" to "in lieu"
4. Chapter 4 — Mobile Homes, Mobile Home Parks and Recreational Vehicle Park
a. 9.4.08 Recreational Vehicle Parks — Capitalize the first word of each
subparagraph: D. 7. a. thru f. and D. 8. a., b., c.
5. Chapter 6 — Subdivision and Development Improvement Requirements
a. 9.6.03 Driveways, Residential — Revise from A. Driveway Design 2.
"... or greater than, 10,000 square feet ...", and "For lots less than
10,000 square feet in area ...", and "... a maximum length of 100 feet
and ..." to A. 2. "... or greater than, ten thousand (10,000) square
feet...", and "For lots less than ten thousand (10,000) square feet in
area ...", and "... a maximum length of one hundred (100) feet and ..."
b. 9.6.067 Guarantee Required — Capitalize the first word of each
subparagraph: B. 2. a, b
c. 9.6.067 Guarantee Required — Revise B. 3. a from "... public
improvements;" to: "... public improvements; and"
6. Chapter 7 — Special Provisions
a. 9.7.033 D. 4. a. thru e — Capitalize the first word of each
subparagraph
7. Chapter 8 — Flood Control Regulations
a. 9.8.05 Administration — Revise Subparagraph C. 2 from: "... with §
9.8.04 A." to "... with § 9.8.04 B."
b. 9.8.06 Provisions of ... — Capitalize the first word of each
subparagraph 9.8.06 B. 1. a. and b. and b. 1), 2), 3), and 9.8.06 B. 2.
d. and e.
McCall City Council Page 3
Adopted Amendments February 17, 2006
Other Housekeeping Amendments
1. Remove the "Future Acquisitions Map" from the list of referenced documents.
2. Create the Indexes for each Title
3. Upon adoption by the Council, globally replace in both Titles: (date of
adoption) with the actual date adopted.
4. Design Guidelines: Revise the Title Page and Header Text Font to the original
(or something close):
City Of McCall Bauhaus 93, 18 pt.
Design Guidelines Bauhaus 93, 16 pt.
Substantive Amendments
Title 3— Planning and Zoning
1. Chapter 2 — Definitions
a. 3.2.02 — Change definition 43. Community Housing Unit to "Dwelling units
restricted (typically via deed restriction) by size and type for individuals
meeting asset, income and minimum occupancy guidelines approved by
the City."
b. 3.2.02 — Add definition for Community Housing Guidelines — "Guidelines
adopted by the City, County and other local jurisdictions which delineate
authority, policies, procedures and reporting methods for managing
Community Housing."
c. 3.2.02 — Add definition for Supermarket: "A supermarket or grocery store
is a store that sells a wide variety of food. A supermarket is larger than
and more than a grocery store. Most supermarkets also sell a variety of
other household products that are consumed regularly, such as alcohol
(where permitted), household cleaning products, medicine, and clothes."
d. 3.2.02 — Place in proper alphabetical order and revise definition for Tree:
"a tall perennial woody plant having a main trunk and branches forming a
distinct elevated crown."
2. Chapter 4 — Commercial Zones and Standards
a. 3.4.01.B Community Commercial Zone — Change "auto" to "automobile."
b. Table 3.4.04 — Change the maximum structure height in the CC zone
from 35 feet to 50 feet and add footnote 2.
McCall City Council Page 4
Adopted Amendments February 17, 2006
c. Move 3.4.05 C to 3.4.04 D, renumber 3.4.05 D, and change Table 3.4.02,
note 3 from 3.4.05 C to 3.4.04 D.
3. Chapter 5 — Industrial Zones and Standards
a. Table 3.5.02 — Change Dwelling, multi -family from "-" to "C" and add
footnote number 1. Amend footnote number 1 to read "Housing must be
a part of a mixed use project. Residential uses are only permitted on
upper floors."
4. Chapter 6 — Open Space and Public Zones and Standards
a. Table 3.6.03: Dimensional Standards for Public Zones — Change Building
Height for the AP zone from 50 feet to 60 feet.
b. 3.6.02 Public Use Zone Regulations — Change the second sentence to
read "... Temporary Uses, and aircraft parking and light maintenance in
the AP zone, shall be conducted within enclosed structures."
c. Table 3.6.02 — Change "C" to "P" for Cemeteries in the CV zone
d. Table 3.6.02 — Change "2 to "C" for Pit, mine, or quarry in the AP zone.
e. 3.6.05 Appeals — Change the first sentence to read "The McCall Planning
and Zoning Commission and City Council shall..."
f. 3.6.052 Appeals — Change to read "...may appeal to the Commission and
to the Council ..."
5. Chapter 7 — Special Districts
a. 3.7.031 Lands Included — Revise subparagraph A. 9. from "9. West
Valley Road, Wisdom Road, and West Mountain Road extended to the
western ..." to "9. West Mountain Road, including the proposed eastward
extension to Boydstun Street or Deinhard Lane, extended to the western
b. 3.7.031 Lands Included — Delete subparagraph A. 10.
c. 3.7.031 Lands Included — Add subparagraph C:
"C. Upon the approval by the City Council of the Airport Master Plan,
lands within the AP Zone District will not be subject to the
requirements of § 3.7.03."
d. 3.7.032 Requirements for Development — Revise subparagraph D. from
"... within any residential zone or commercial zone, the setbacks provided
McCall City Council Page 5
Adopted Amendments February 17, 2006
..." to "... within any residential zone, commercial zone, or industrial zone,
the setbacks provided ..."
6. Chapter 8 — General Development Standards
a. 3.8.03 Timber Harvest — Change from B. "...of no more than fifty percent
of the stems ..." to B. "... of no more than twenty (20) percent of the
stems ...".
b. 3.8.06 Parking Provisions, Driveways, and Loading areas — Add
subparagraph P. For residential driveways, see Title 9, § 9.6.03.
c. Table 3.8.062 Vehicle Parking — Change the parking spaces required for
hotels from "one per each sleeping room and one space for each two
employees. In addition, one oversize space (equivalent of two compact
spaces situated front to back) per four rooms." to "one per each sleeping
room and one space for each two employees. In addition, ten percent of
the parking spaces shall be oversized spaces (equivalent of two compact
spaces situated front to back)."
d. 3.8.10 Fencing — Add subparagraph A and renumber the subsequent
subparagraphs — "A. Perimeter Fencing which encloses a property with
more than two residential units shall conform to the requirements of Title
9, § 9.6.02.C."
e. 3.8.13 Landscaping, Screening and Buffering — Add subparagraph E.
"The Developer is responsible for the identification and the proper
treatment or removal of noxious weed infestations, as specified by the
State of Idaho, before timber harvest or significant infrastructure work
commences. These costly infestations are easily transported to other
areas by construction vehicles."
f. 3.8.18 Retail, Formula Business Restriction — Add "Service stations and
supermarkets are not subject to this restriction, provided that these uses
are not combined with formula restaurants or other formula retail with a
different product offering."
g.
3.8.18 Retail, Formula Business Restriction — Change "fifty (50)" to "ten
(10)" percent.
7. Chapter 10 — Planned Unit Development
a. 3.10.07 — Revise second sentence from "D. A distance of ten feet ..." to
D. A minimum distance of ten feet ..."
b. 3.10.09 — Insert a new "D" (adjust subsections accordingly), which states
"This application procedure, including the above requirements, are
intended to be combined with those in Chapter 15."
McCall City Council Page 6
Adopted Amendments February 17, 2006
8. Chapter 13 — Permits and Applications
a. 3.13.022. Amend the opening sentence to say "To obtain a variance an
applicant shall follow the procedures in Chapter 15 and submit a written
application for a ..."
b. 3.13.032. Amend the opening sentence to say "To obtain a Conditional
Use Permit...an applicant shall follow the procedures in Chapter 15 and
submit a written application for a ..."
9. Chapter 14 — Outdoor Lighting
a. 3.14.04.21 — Change from "City Council" to "City Manager."
b. 3.14.051.E — Change text from "Flashing holiday lights are prohibited.
Holiday lights are encouraged to be turned off after the close of
business." to "Holiday lights are encouraged to be controlled by timers."
10. Chapter 16 — Design Review
a. 3.16.02 Applicability — Revise first sentence from "... all developments
within the CV or AP zones, ..." to "... all developments within the CV, AF
or AP zones, ..."
Title 9 — Subdivision and Development Regulations
1. Chapter 2 — Plats and Procedures
a. 9.2.07 Final Plat — Revise from B.1. "...after the thirteen month deadline
..." to B.1. "... after the eighteen (18) month deadline ..."
2. Chapter 6 — Subdivision and Development Improvement Requirements
a. 9.6.02 Improvement Requirements — Revise from A. 3. "... for public use
unless authorized by the City as private streets." to A. 3. "...for public
use."
McCall City Council Page 7
Adopted Amendments February 17, 2006
Exhibit C
McCall City Council
Adopted Amendments
Amendment to Title 3 — Planning and Zoning Code
February 23, 2006
The following proposed amendments to the Council and Board Adoption Draft of the
Zoning and Subdivision Code were adopted by the City Council on February 23, 2006.
Title 3 — Planning and Zoning
1. Chapter 2 — Definitions
a. 3.2.02 — Revise definition for Height, Building: "Excluded from the height
measurement are: Antennas (approved), roof stair access
enclosures/projections, cupolas, ..."
b. 3.2.02 — Revise definition of Professional Offices to include real estate
brokers/agents, title companies, and subdivision or fractional ownership
sales and marketing.
2. Chapter 4 — Commercial Zones and Standards
a. Table 3.4.02 — Renumber the notes from 1,2,3,4,5,6 to 5,6,1,2,3,4 (i.e.,
notes 1 and 2 were numbered notes 5 and 6)
b. Table 3.4.02 — Capitalize: Storage or display yard
3. Chapter 10 — Planned Unit Development
a. 3.10.07 Developer Benefits — Change paragraph H to "The maximum
height for structures may be increased for projects in the CBD Zone north
of Lake Street and West of Third Street as described in § 3.10.08 L."
b. 3.10.08.L Maximum Height — Revise to read:
"L. Maximum Height. The maximum height for structures may be
increased to a maximum height of fifty (50) feet in PUDs for projects
in the CBD Zone north of Lake Street and West of Third Street,
notwithstanding the provisions of § 3.4.04 or Chapter 7, Special
Districts to the contrary. Impacts related to any such increase in
height must be significantly outweighed by amenities, features and
public benefits of the project.
1. Amenities shall include high quality landscape and hardscape
incorporating pedestrian walking and gathering places that are
accessible to the public as a part of a planned continuous public
space (boardwalk) extending from First Street to Brown Park.
Amenities may also include benches and other furnishings,
public boating docks, natural features, pocket and/or sculpture
gardens, picnic areas with tables, etc.
2. Features shall include one hundred (100) percent commercial or
public uses on the street level floor, indoor storage and
collection of trash, below grade and/or off site parking,
pedestrian scale lighting, building entrances that directly access
the street and the waterfront.
3. Public benefits shall include public access to and along the lake
shores fronted by the property, unobstructed views of the lake
from Lake Street through the property, and commercial space
available for lease by local small businesses. Public benefits
may also include public access to the lake from Lake Street
through the property and restaurants, lounges and meeting
rooms that are open to use by the public in perpetuity.
McCall City Council Page 2
Adopted Amendments February 23, 2006
A SUMMARY OF ORDINANCE NO. 821
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, IDAHO REPEALING AND RE-ENACTING
TITLE 3 OF THE PLANNING AND ZONING ORDINANCE.
The principal provisions of the ordinance are:
• Chapter 1 Authority and Purpose
3.1.01 Authority to Enact Zoning Regulations
3.1.02 Purpose of Zoning Regulations
3.1.03 Affected Lands
3.1.04 Area of City Impact Identified
3.1.05 Application of Regulations
3.1.06 Establishment of Zoning Districts
• Chapter 2 Definitions
3.2.01 Interpretation of Terms or Words
3.2.02 Meaning of Terms or Words
• Chapter 3 Residential Zones and Standards
3.3.01 Purpose
3.3.02 Residential Use Regulations
3.3.03 Residential Zone General Development Standards
3.3.04 Residential Zone Lot Width vs. Side Yard Setback
3.3.05 Residential Zone Lot Depth vs. Rear Yard Setback
3.3.06 Residential Zone Lot Coverage of Improvements
3.3.07 Residential Zone Required Determination
3.3.08 Residential Zone Special Development Standards
• Chapter 4 Commercial Zones and Standards
3.4.01 Purpose
3.4.02 Commercial Use Regulations
3.4.03 Commercial Zone General Development Standards
3.4.04 Commercial Zone Special Development Standards
3.4.05 Special Standards for Residential Development in the CBD
3.4.06 Special Standards for Commercial Development in any District Zone
" C h a p t e r 5 I n d u s t r i a l Z o n e a n d S t a n d a r d s
3 . 5 . 0 1 P u r p o s e
3 . 5 . 0 2 I n d u s t r i a l Z o n e U s e R e g u l a t i o n s
3 . 5 . 0 3 I n d u s t r i a l Z o n e G e n e r a l D e v e l o p m e n t S t a n d a r d s
3 . 5 . 0 4 S p e c i f i c S t a n d a r d s f o r I n d u s t r i a l D e v e l o p m e n t i n a n Z o n e
" C h a p t e r 6 O p e n S p a c e a n d P u b l i c Z o n e s a n d S t a n d a r d s
3 . 6 . 0 1 P u r p o s e
3 . 6 . 0 2 P u b l i c Z o n e U s e R e g u l a t i o n s
3 . 6 . 0 3 P u b l i c Z o n e G e n e r a l D e v e l o p m e n t S t a n d a r d s
3 . 6 . 0 4 A i r p o r t Z o n i n g
3 . 6 . 0 5 A p p e a l s
" C h a p t e r 7 S p e c i a l D i s t r i c t s
3 . 7 . 0 1 N a v i g a b l e W a t e r Z o n e
3 . 7 . 0 2 S h o r e l i n e a n d R i v e r E n v i r o n s Z o n e
3 . 7 . 0 3 S c e n i c R o u t e Z o n e
3 . 7 . 0 4 P a y e t t e L a k e s W a t e r a n d S e w e r D i s t r i c t Z o n e s O v e r l a y
" C h a p t e r 8 G e n e r a l D e v e l o p m e n t S t a n d a r d s
3 . 8 . 0 1 G e n e r a l R e q u i r e m e n t s
3 . 8 . 0 2 P r o h i b i t e d U s e s
3 . 8 . 0 3 T i m b e r H a r v e s t
3 . 8 . 0 4 F i r e H a z a r d M i t i g a t i o n S t a n d a r d s
3 . 8 . 0 5 T e m p o r a r y S t o r a g e & M e r c h a n d i s i n g F a c i l i t i e s n o t t o B e c o m e P e r m a n e n t
3 . 8 . 0 6 P a r k i n g P r o v i s i o n s , D r i v e w a y s , a n d L o a d i n g A r e a s
3 . 8 . 0 7 A n i m a l s
3 . 8 . 0 8 A n t e n n a s
3 . 8 . 0 9 P r o v i s i o n f o r T r a s h S t o r a g e , C o l l e c t i o n a n d D i s p o s a l
3 . 8 . 1 0 F e n c i n g
3 . 8 . 1 1 A c c e s s o r y U s e , B u i l d i n g s , a n d S t r u c t u r e s
3 . 8 . 1 2 C o r n e r V i s i o n
3 . 8 . 1 3 L a n d s c a p i n g , B u f f e r i n g , a n d S c r e e n i n g
3 . 8 . 1 4 B u i l d i n g S t e p - b a c k S t a n d a r d s A d j a c e n t t o R e s i d e n t i a l Z o n e s
3 . 8 . 1 5 S n o w S t o r a g e a n d D r a i n a g e
3 . 8 . 1 6 O t h e r R e q u i r e m e n t s
3 . 8 . 1 7 F o r m u l a R e s t a u r a n t L i m i t a t i o n
3 . 8 . 1 8 F o r m u l a R e t a i l B u s i n e s s L i m i t a t i o n
3 . 8 . 1 9 M a i n E n t r a n c e s i n R 4 t h r o u g h R 1 6 Z o n e s
3 . 8 . 2 0 S p e c i a l S t a n d a r d s f o r G a r a g e s
" C h a p t e r 9 S i g n s
3 . 9 . 0 1 P u r p o s e s
3 . 9 . 0 2 D e f i n i t i o n s
3 . 9 . 0 3 S i g n S t a n d a r d s b y Z o n e
3 . 9 . 0 4 T e m p o r a r y S i g n s
3 . 9 . 0 5 E x e m p t S i g n s
3 . 9 . 0 6 N o n - C o n f o r m i n g S i g n s
3 . 9 . 0 7 P r o h i b i t e d S i g n s
3 . 9 . 0 8 I l l u m i n a t i o n
3 . 9 . 0 9 P e r m i t s a n d F e e s
3 . 9 . 1 0 S t r u c t u r a l R e q u i r e m e n t s
3 . 9 . 1 1 I n s p e c t i o n , R e m o v a l , S a f e t y
" C h a p t e r 1 0 P l a n n e d U n i t D e v e l o p m e n t
3 . 1 0 . 0 1 P u r p o s e
3 . 1 0 . 0 2 P l a n n e d U n i t D e v e l o p m e n t P e r m i t t e d
3 . 1 0 . 0 3 O w n e r s h i p
3 . 1 0 . 0 4 A p p r o v a l C r i t e r i a a n d C o n f o r m a n c e w i t h Z o n i n g a n d T i t l e 9
3 . 1 0 . 0 5 U s e R e g u l a t i o n s
3 . 1 0 . 0 6 U s e E x c e p t i o n s
3 . 1 0 . 0 7 D e v e l o p e r B e n e f i t s
3 . 1 0 . 0 8 D e v e l o p m e n t S t a n d a r d s
3 . 1 0 . 0 9 A p p l i c a t i o n P r o c e d u r e
3 . 1 0 . 1 0 I m p r o v e m e n t G u a r a n t e e s
3 . 1 0 . 1 1 E x t e n s i o n o f P r e l i m i n a r y D e v e l o p m e n t P l a n A p p r o v a l
3 . 1 0 . 1 2 A m e n d m e n t s t o t h e F i n a l D e v e l o p m e n t P l a n
" C h a p t e r 1 1 N o n - C o n f o r m i n g B u i l d i n g s , S t r u c t u r e s a n d U s e s
3 . 1 1 . 0 1 N o n c o n f o r m i t i e s P u r p o s e
3 . 1 1 . 0 2 N o n c o n f o r m i n g L o t s o f R e c o r d
3 . 1 1 . 0 3 N o n c o n f o r m i n g S t r u c t u r e s
3 . 1 1 . 0 4 N o n c o n f o r m i n g U s e s o f L a n d
3 . 1 1 . 0 5 U s e s P e r m i t t e d U n d e r C o n d i t i o n a l U s e P r o v i s i o n s
3 . 1 1 . 0 6 N o n c o n f o r m i n g U s e s o f S t r u c t u r e s
3 . 1 1 . 0 7 R e p a i r s a n d M a i n t e n a n c e
3 . 1 1 . 0 8 N o n c o n f o r m i n g P a r k i n g , L o a d i n g , o r O t h e r C h a r a c t e r i s t i c s o f U s e
3 . 1 1 . 0 9 C o n t i n u i t y o f P r i o r C o n d i t i o n a l U s e s a n d V a r i a n c e s
" C h a p t e r 1 2 P l a n n i n g a n d Z o n i n g C o m m i s s i o n
3 . 1 2 . 0 1 C o m m i s s i o n s C r e a t e d ; P u r p o s e
3 . 1 2 . 0 2 Q u a l i f i c a t i o n s ; T e r m o f O f f i c e
3.12.03 Organization
3.12.04 Compensation; Reports; Meetings
3.12.05 Duties
3.12.06 City Departments to Cooperate
3.12.07 Relation to Other Boards
3.12.08 Authority to Expend Money Withheld
• Chapter 13 Permits and Applications
3.13.01 Administrative Approval
3.13.02 Variances Authorized
3.13.03 Conditional Use Permit Standards
3.13.04 Zoning Ordinance Amendments
3.13.05 Zoning Map Amendments
3.13.06 Zoning Upon Annexation
3.13.07 Development Agreements, Zoning Action
• Chapter 14 Outdoor Lighting
3.14.01 Purpose
3.14.02 Guidelines
3.14.03 Applicability
3.14.04 Definitions
3.14.05 Outdoor Lighting Standards
3.14.06 Procedure
3.14.07 Violations and Legal Actions
3.14.08 Exemptions
• Chapter 15 Procedures, Appeals and Action
3.15.01 Applicant; General Procedures
3.15.02 Preliminary Development Plan Review
3.15.03 Date and Notice of Public Hearing
3.15.04 Conduct of Hearings
3.15.05 Action by the Commission
3.15.06 Notification to Applicant
3.15.07 Action by the City Council
3.15.08 Appeal or Request for Hearing by Aggrieved Persons
3.15.09 Administrative Appeals
3.15.10 Judicial Review
• Chapter 16 Design Review
3.16.01 Purpose
3.16.02 Applicability
3.16.03 Review Bodies and Procedures
3.16.04 Permits
3.16.05 Design Review Process
3.16.06 Design Review Application
3.16.07 Design Review Criteria
3.16.08 Lapse of Design Review Approval
• Chapter 17 Enforcement
3.17.01 Purpose
3.17.02 Compliance by Issuers of Permits
3.17.03 City Enforcement
3.17.04 Civil and Criminal Enforcement
3.17.05 Investigations
3.17.06 Penalties
3.17.07 Election of Remedies
3.17.08 Separability
• Chapter 18 Comprehensive Plan
3.18.01 Purpose
3.18.02 Adoption of Plan
3.18.03 Revision of Plan
3.18.04 Certified Copies
3.18.05 Future Acquisitions Map
The Ordinance shall be effective upon publication of this Summary.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request. The full text is also available online at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS C% tk DAY
OF fY l ax-e. k . 2006.
Approved:
By: /
Mayor
Attest:
By:
City Cl-rk
msgW:\Work\M\McCall, City of 21684\2006 Ordinances\Sum Ord Repeal & Enact Title 3 P&Z 03 01 06.doc
ORDINANCE NO. 821
AN ORDINANCE OF THE CITY OF McCALL, IDAHO REPEALING AND RE-
ENACTING THE PLANNING AND ZONING ORDINANCE AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
McCALL, IDAHO THAT:
SECTION 1: Enactment. Title III, Planning and Zoning is hereby repealed in its
entirety, and reenacted as Title III, Planning and Zoning, to read as per the following
attachments:
1. Exhibit A — Title 3, Zoning Ordinance, Council and Board Adoption Draft,
January 5, 2006
2. Exhibit B — McCall City Council, Adopted Amendments, Amendment to Title 3 —
Planning and Zoning Code, New Title 9 — Subdivision and Development
Regulation Code, February 17, 2006
3. Exhibit C — McCall City Council, Adopted Amendments, Amendment to Title 3 —
Planning and Zoning Code, February 23, 2006
SECTION 2: Savings Clause. The repeal of former Title III shall not affect any
Conditional Use or Variance granted under such former Title. Any Conditional Use or
Variance approved or denied under the former Title shall be considered a Conditional
Use or Variance approved or denied under Title III as enacted by this Ordinance. This
Section 2 does not, however, make a conforming use out of any nonconforming use. Uses
not permitted by the former Title IIl, but existing on the dates of its enactment or upon
the date of inconsistent zoning action under that Title, are declared nonconforming uses
as to the date of their enactment.
SECTION 3: Effective Date. This Ordinance shall be in full force and effect from and
after its passage, approval and publication as required by law; except that the effective
date of the repeal of Title III and of the application of this Ordinance to the Impact Area
shall be the date of the concurrence of the Valley County Commissioners in the adoption
of this Ordinance as to the Impact Area.
Regularly passed, approved and adopted by the Mayor and City Council of the
City of McCall, Idaho this asi ,i day of f . r L<<-..1.
2 ! ,
2006.
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William A. Robertson
Mayor
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ATTEST:
Joaline E. York
City Clerk
2
Exhibit A
McCall City Cale
Title 3, Zoning Ordinance
Council and Board A doption Draft
January S, 2006 -
Chapter 1
Title 3, Planning and Zoning, City of McCall
Title 3
Table of Contents
Authority and Purpose
3.1.01 Authority to Enact Zoning Regulations
3.1.02 Purpose of Zoning Regulations
3.1.03 Affected Lands
3.1.04 Area of City Impact Identified
3.1.05 Application of Regulations
3.1.06 Establishment of Zoning Districts
Chapter 2 Definitions
3.2.01 Interpretation of Terms or Words
3.2.02
Chapter 3
Meaning of Terms or Words
Residential Zones and Standards
3.3.01 Purpose
3.3.02 Residential Use Regulations
3.3.03 Residential Zone General Development Standards
3.3.04 Residential Zone Lot Width vs. Side Yard Setback
3.3.05 Residential Zone Lot Depth vs. Rear Yard Setback
3.3.06 Residential Zone Lot Coverage of Improvements
3.3.07 Residential Zone Required Determination
3.3.08 Residential Zone Special Development Standards
Chapter 4 Commercial Zones and Standards
3.4.01 Purpose
3.4.02 Commercial Use Regulations
3.4.03 Commercial Zone General Development Standards
3.4.04 Commercial Zone Special Development Standards
3.4.05 Special Standards for Development in the CBD
3.4.06 Special Standards for Commercial Development in any District
Zone
Title 3, Table of Contents Page i
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Chapter 5 Industrial Zone and Standards
3.5.01 Purpose
3.5.02 Industrial Zone Use Regulations
3.5.03 Industrial Zone General Development Standards
3.5.04 Specific Standards for Industrial Development in any Zone
Chapter 6 Open Space and Public Zones and Standards
3.6.01 Purpose
3,6,02 Public Zone Use Regulations
3.6.03 Public Zone General Development Standards
3.6.04 Airport Zoning
3.6.05 Appeals
Chapter 7 Special Districts
3.7.01 Navigable Water Zone
3.7.02 Shoreline and River Environs Zone
3.7.03 Scenic Route Zone
3,7.04 Payette Lakes Water and Sewer District Zones Overlay
Chapter 8 General Development Standards
3.8.01 General Requirements
3.8.02 Prohibited Uses
3.8.03 Timber Harvest
3.8.04 Fire Hazard Mitigation Standards
3.8.05 Temporary Storage & Merchandising Facilities not to Become
Permanent
3.8.06 Parking Provisions, Driveways, and Loading Areas
3.8.07 Animals
3.8.08 Antennas
3.8.09 Provision for Trash Storage, Collection and Disposal
3.8.10 Fencing
3.8.11 Accessory Use, Buildings, and Structures
3.8.12 Corner Vision
3.8.13 Landscaping, Screening, and Buffering
3.8.14 Building Step -back Standards Adjacent to Residential Zones
3.8.15 Snow Storage and Drainage
3.8.16 Other Requirements
Page ii Title 3, Table of Contents
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
3.8.17 Formula Restaurant Limitation
3.8.18 Retail, Formula Business Limitation
3.8,19 Main Entrances in R4 through R16 Zones
3.8.20 Special Standards for Garages
Chapter 9 Signs
3.9.01 Purposes
3.9.02 Definitions
3.9.03 Sign Standards by Zone
3.9.04 Temporary Signs
3.9.05 Exempt Signs
3.9.06 Non -Conforming Signs
3.9.07 Prohibited Signs
3.9.08 Illumination
3.9.09 Permits and Fees
3.9.10 Structural Requirements
3.9.11 Inspection, Removal, Safety
Chapter 10 Planned Unit Development
3.10.01 Purpose
3.10.02 Planned Unit Developments Permitted
3.10.03 Ownership
3.10.04 Approval Criteria and Conformance with Zoning and Title 9
3.10.05 Use Regulations
3.10.06 Use Exceptions
3.10.07 Developer Benefits
3.10.08 Development Standards
3.10.09 Application Procedure
3.10.10 Improvement Guarantees
3.10.11 Extension of Preliminary Development Plan Approval
3.10.12 Amendments to the Final Development Plan
Chapter 11 Non —Conforming Buildings, Structures and Uses
3.11.01
3.11.02
3.11.03
3.11.04
3.11.05
3.11.06
3.11.07
3.11.08
3.11.09
Nonconformities — Purpose
Nonconforming Lots of Record
Nonconforming Structures
Nonconforming Uses of Land
Uses Permitted Under Conditional Use Provisions
Nonconforming Uses of Structures
Repairs and Maintenance
Nonconforming Parking, Loading, or Other Characteristics of Use
Continuity of Prior Conditional Uses and Variances
Title 3, Table of Contents Page iii
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Chapter 12 Planning and Zoning Commission
3.12.01 Commissions Created; Purpose
3.12.02 Qualifications; Term of Office
3.12.03 Organization
3.12.04 Compensation; Reports; Meetings
3.12.05 Duties
3.12.06 City Departments to Cooperate
3.12.07 Relation to Other Boards
3.12.08 Authority to Expend Money Withheld
Chapter 13 Permits and Applications
3.13.01
3.13.02
3.13.03
3.13.04
3.13.05
3.13.06
3.13.07
3.13.08
Administrative Approval
Variances Authorized
Conditional Use Permit Standards
Zoning Ordinance Amendments
Zoning Map Amendments
Zoning Upon Annexation
Development Agreements, Zoning Action
Community Impact Review
Chapter 14 Outdoor lighting
3.14.01 Purpose
3.14.02 Guidelines
3.14.03 Applicability
3.14.04 Definitions
3.14.05 Outdoor Lighting Standards
3.14.06 Procedure
3.14.07 Violations and Legal Actions
114.08 Exemptions
Chapter 15 Procedures, Appeals and Action
3.15.01
3.15.02
3.15.03
3.15.04
3.15.05
3.15.06
3.15.07
Applicant; General Procedures
Preliminary Development Plan Review
Date and Notice of Public Hearing
Conduct of Hearings
Action by the Commission
Notification to Applicant
Action by the City Council
Page iv Title 3, Table of Contents
January 5, 2006 Council and Board Adoption Draft
3.15.08
3.15.09
3.15.10
Title 3, Planning and Zoning, City of McCall
Appeal or Request for Hearing by Aggrieved Persons
Administrative Appeals
Judicial Review
Chapter 16 Design Review
3.16.01 Purpose
3.16.02 Applicability
3.16.03 Review Bodies and Procedures
3.16.04 Permits
3.16.05 Design Review Process
3.16.06 Design Review Application
3.16.07 Design Review Criteria
3.16.08 Lapse of Design Review Approval
Chapter 17 Enforcement
3.17.01 Purpose
3.17.02 Compliance by Issuers of Permits
3.17.03 City Enforcement
3.17.04 Civil and Criminal Enforcement
3.17.05 Investigations
3.17.06 Penalties
3.17.07 Election of Remedies
3.17.08 Separability
Chapter 18 Comprehensive Plan
3.18.01 Purpose
3.18.02 Adoption of Plan
3.18.03 Revision of Plan
3.18.04 Certified Copies
Title 3 Index
Title 3, Table of Contents Page v
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Chapter 1
Authority and Purpose
3.1.01 Authority to Enact Zoning Regulations 1-1
3.1.02 Purpose of Zoning Regulations 1-1
3.1.03 Affected Lands 1-2
3.1.04 Area of City Impact Identified 1-2
3.1.05 Application of Regulations 1-2
3.1.06 Establishment of Zoning Districts 1-2
3.1.01 Authority to Enact Zoning Regulations
This Title is enacted in pursuant to Article 12, Section 2 of the Constitution of
Idaho, and Title 67, Chapter 65 of the Idaho Code, which empower the City
to exercise the police power and to enact a Zoning Ordinance and to provide
for its administration, enforcement and amendment. This Title may be cited
and referred to as the Zoning Ordinance for the City of McCall.
3.1.02 Purpose of Zoning Regulations
The purpose of this Title (Title 3) shall be:
A. To maintain and promote the small town character and attraction of the
Planning Jurisdiction, and the natural beauty of the surrounding lands
and lake shore, present and future, for residents and visitors.
B. To ensure that all physical growth is carried out in an orderly way and in
a way which complements the landscape, ecology and existing urban
character of McCall.
C. To regulate the use of land, and the use, height, location and size of
buildings and structures.
D. To implement the McCall Area Comprehensive Plan.
E. To facilitate the provision of public services and to promote and protect
the health, safety and welfare of all residents and visitors,
Chapter 1, Authority and Purpose Page 1-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
in lieu of, the provisions respecting the underlying zoning district. In the
event there is a difference between the provisions of this Title applied within
an overlay district and the provisions of this Title applied within the
underlying zoning district, the more restrictive provisions will apply.
A. Rural Residential (RR) Zone. See Chapter 3, Residential Zones and
Standards.
B. Residential, Estate (RE) Zone. See Chapter 3, Residential Zones and
Standards.
C. Residential, one dwelling unit per acre (R1) Zone. See Chapter 3,
Residential Zones and Standards.
D. Residential, four dwelling units per acre (R4) Zone. See Chapter 3,
Residential Zones and Standards.
E. Residential, eight dwelling units per acre (R8) Zone. See Chapter 3,
Residential Zones and Standards.
F. Residential, sixteen dwelling units per acre (R16) Zone. See Chapter 3,
Residential Zones and Standards.
G. Neighborhood Commercial (NC) Zone. See Chapter 4, Commercial
Zones and Standards,
H. Community Commercial (CC) Zone. See Chapter 4, Commercial Zones
and Standards.
I. Central Business District (CBD) Zone. See Chapter 4, Commercial Zones
and Standards.
J. Industrial (I) Zone. See Chapter 5, Industrial Zone and Standards.
K. Agriculture and Forest (AF) Zone. See Chapter 6, Open Space and
Public Zones and Standards.
L. Civic Use (CV) Zone, See Chapter 6, Open Space and Public Zones and
Standards.
M. Airport (AP) Zone. See Chapter 6, Open Space and Public Zones and
Standards,
N. Navigable Water (NW) Zone. See Chapter 7, Special Districts.
O. Shoreline and River Environs (SL) Zones. See Chapter 7, Special
Districts.
Chapter 1, Authority and Purpose Page 1-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Chapter 2
Definitions
3.2.01 Interpretation of Terms or Words. 2-1
3.2.02 Meaning of Terms or Words 2-1
3.2,01 Interpretation of Terms or Words.
For the purpose of this Title, certain terms or words used herein shall be
interpreted as follows:
A. The word "person" includes an association, partnership, trust, joint
venture, syndicate, or corporation, as well as an individual, and any
other legal person capable of owning land.
B. The present tense includes the future and past tense; the singular
number includes the plural, and the plural number includes the singular;
and the masculine, feminine, and neuter genders include each other.
C. The word "shall" and the word "must" indicate a mandatory requirement,
the word "may" indicates a permissive requirement, and the word
should" indicates a preference.
D. The words "used" or "occupied" include the words "intended, designed or
arranged to be used or occupied."
3.2.02 Meaning of Terms or Words
1. Accessory Use, Building, or Structure - A use, building, or structure
on the same lot with, and of a nature customarily incidental and
subordinate to, the principal use, building, or structure.
2. Administrator - The City Manager, or in the event the City Manager
chooses to delegate that authority, that official who is appointed by the
City Manager to administer this Title.
3. Adult Entertainment Establishment - A commercial establishment
intended for the entertainment of adults, to the exclusion of minors,
which offers sexually oriented entertainment, such as an adult arcade,
adult bookstore, adult novelty store, adult video store, adult cabaret,
adult motel, adult motion picture theater, adult theater, escort agency,
semi-nude model studio, or sexual encounter center.
4. Agricultural Structure - Any structure (see definition for Structure)
that is related to or used in the science, business or art of cultivating
soil, producing crops, and/or raising livestock.
Chapter 2, Definitions Page 2-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
5. Agricultural Use - The science, business or art of cultivating soil,
producing crops, and/or raising livestock.
6. Agriculture and Forest - The use of land for farming, dairying,
pasturage, agriculture, horticulture, floriculture, viticulture, silviculture,
animal and poultry husbandry and the necessary accessory uses for
packing, treating, or storing the product; provided, however, that the
operation of any such accessory uses shall be secondary to that of
normal agricultural activities. Agriculture does not include Confined
Animal Feeding Operations.
7. Affected Person - One having an interest in real property which may
be adversely affected by the issuance or denial of a permit, or zoning
map amendment under this Title.
8. Airport - Any runway, land area or other facility designed or used,
other than for an emergency, either publicly or privately by any person
for the landing and the taking off of aircraft, including all necessary
taxiways, aircraft storage and tie -down areas, hangars and other
necessary buildings.
9. Applicant - One who files an application under this Title. The applicant
must be the owner of the subject property, or, a person who has written
permission from the owner to make an application in the name of the
owner.
10. Application - A document submitted to the Commission conforming to
the requirements of this Title applying for a permit or approval under
this Title.
11. Area of Fire Hazard - Lands on which there is vegetation that is prone
to fire; and also means lands where there is heavy fuel loading, where
fuels are arranged in close continuity, where development or timber
management slash exists, or where wildfires are likely to be difficult to
suppress and become a threat to public safety.
12. Area Development Plan - A plan encompassing all Contiguous Parcels
controlled by the same owner, which includes:
a. legal description of contiguous Parcels
b. name(s) of owner(s) of Contiguous Parcels
c. streets, whether public or private
d. water main lines and sewer main lines
e. other utilities including power, telephone, cable, etc.
f, parks, if required under this Ordinance
Page 2-2 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
g. grading and drainage
h. easements
i. hazardous or natural resource areas
13. Attached Structure - A structure attached to a principle structure, or is
located within three (3) feet, such that the two (or more) structures result
in a nearly contiguous whole.
14. Basement - That level of a dwelling unit all or partly underground and
having the plane on top of at least one-half of its perimeter wall within
two feet of the average level of the adjoining ground.
15. Bed and Breakfast — See Dwelling, Rooming House.
16. Bike Path - An asphalt or concrete path which has been created for
non -motorized transportation and is usually physically separate from
automobile travel lanes.
17. Block - A group of lots within defined and fixed boundaries, usually
within a parcel of land, bounded by physical barriers, one or more
streets, or a boundary line of a subdivision that has been legally
surveyed and recorded.
18. Board - The Board of County Commissioners of Valley County.
19. Billboard - See Sign, Off -Premises.
20. Bond - A security contract between the applicant and the City which
guarantees that the applicant will perform certain requirements of an
approval or permit under this Title or Title 9, by surety, cash, or letter of
credit sufficient in amount and terms to assure either reclamation, or
performance of any act or acts authorized by the approval or permit.
21. Brewpub - A small brewery, generally producing fewer than 10,000
barrels of beer and ale a year and frequently selling its products on the
premises.
22. Building - Any structure designed or intended for the support,
enclosure, shelter or protection of persons, animals, chattels or property
of any kind.
23. Building Element - An exterior wall, or roof, or bay window, or deck,
or patio, or balcony, or any other part of the exterior of a building which
has an exterior surface that is in a different plane from the other parts
of the building to which the element is attached.
24. Building, Principal or Primary - A building in which is conducted the
main or principal use of the lot on which said building is situated.
25. Building Permit - A permit pursuant to the McCall City Code Title 2,
including without limitation the International Building Code adopted by
that Title. Such permits shall be issued only if the activity to be
permitted conforms to Title 2 and this Title. Building permits are issued
by the City Building Department.
26. Business - Any retail or wholesale store, professional office, or similar
kind of commercial establishment. See also, Home Occupation.
Chapter 2, Definitions Page 2-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
27. Confined Animal Feeding Operation (CAFO) - Involved in the
feeding or holding of animals or poultry, including but not limited to
horse, cattle, sheep, or swine feeding areas, dairy confinement areas,
slaughterhouse or shipping terminal holding pens, poultry and egg
production facilities and fur farms. The buildings, pens, or lot surfaces
have been prepared with concrete, rock, or other material to support
animals in wet weather. They have wastewater treatment facilities or
discharge waste into adjacent water bodies. The facility does not
produce crops, forage, vegetation, or provide pasture for the animals.
28. Camp -- Property owned or leased by any organization exempt from
Federal income tax which property is used for such purposes as
recreation, outdoor education, outdoor instruction, and deliberation.
Camp" does not include a church building or church school unless it is
accessory to an outdoor operation of larger scope, does not include
property used for commercial purposes, and does not include facilities at
which services or lodging are offered to the general public for a fee.
Thus "camp" includes youth summer and youth winter camps operated
by the Girl Scouts, Boy Scouts, Campfire, YMCA, YWCA, and the like,
and youth summer and youth winter camps operated by various
organized churches; to the extent not used for generation of unrelated
business income; and includes State Park and U. S. Forest Service
public campgrounds. Thus a "camp", when permitted as a conditional
use, does not include renting rooms, cabins, buildings, campsites,
spaces, or the like, with or without meals, to tourists or vacationers,
even if the tourists or vacationers are members of the owner
organization.
29, Car Wash - An area of land and/or a structure with machine- or hand -
operated facilities used principally for the cleaning, washing, polishing or
waxing of motor vehicles.
30. Care Center - A place, home or facility providing care for which
compensation is paid, for more than five children of pre-school age, or
for more than eight adults with diminished capacity to manage their own
affairs.
31. Cemetery - Land used or intended to be used for the burial of the
human or animal dead and dedicated for cemetery purposes, including
crematories, mausoleums and mortuaries if operated in connection with
and within the boundaries of such cemetery, for which perpetual care
and maintenance is provided.
32. Church - A structure or portion of a structure used for the purpose of
worship by any religious organization exempt as such from Federal
income tax.
33. City - The area within the corporate city limits of the City of McCall, and
the government, thereof.
Page 2-4 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
34. City Engineer - An employee of or contractor to the City who is a
registered Professional Engineer responsible for advising the City as to
infrastructure design, mapping, code issues, planning, plat review and
other related tasks.
35. City Standards - Those standards for improvements as set forth in the
City of McCall Improvement Standard Drawings, etc., seq., as adopted
by the City Council.
36. Clinic - A building used for the care, diagnosis and treatment of sick,
ailing, infirm or injured persons and those who are in need of medical
and surgical attention but which building does not provide board
outpatient only).
37. Club - A building, or a portion thereof, primarily for the exclusive use of
members and their guests, owned or operated by an association of, but
not including any organization, group or association, the principal
activity of which is to render a service usually and ordinarily carried on
as a business.
38. Cluster Development - A subdivision or other development planned
and constructed so as to group structures or lots into relatively
concentrated and contiguous areas while providing a unified network of
open space, wooded area, recreational, or agricultural land.
39. Commercial Coach - A manufactured structure designed to be used for
commercial and other nonresidential purposes, which bear the label of
the Department of labor and Industrial Services, Building Bureau. The
label shall designate the unit's plan approval number, occupancy group
classification and type of constructions specified in the International
Building Code.
40, Commercial Project - A structure or development that, after
completion, would be devoted to commercial or business purposes.
41. Commission - The City or County Planning and Zoning Commission,
one or the other having jurisdiction.
42. Common Ownership - The joint and simultaneous ownership of a
piece of property (a Common Area) by the owners of separate parcels or
units; for example, within a condominium or PUD development.
43. Community Housing Unit - A residential dwelling unit that is deed
restricted for sale, lease, or rent according to the existing Housing
Guidelines, as adopted. The size of said units shall meet the minimum
requirements found in the Guidelines, and sale of said units are
restricted to owner occupancy pursuant to the guidelines, which gives
preference to households who are employed within the city limits or the
Area of City Impact. The following combinations may qualify as
Community Housing Units:
a. studio Unit = 1/3 of a Community Housing Unit
b. one Bedroom Unit = 1/2 of a Community Housing Unit
c. two Bedroom Unit = 1 Community Housing Unit
d. three Bedroom Unit = 1 1/2 Community Housing Units
e. four Bedroom Unite = 2 Community Housing Units
Chapter 2, Definitions Page 2-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and zoning, City of McCall
44. Comprehensive Plan - A plan, or any portion thereof, adopted by the
Board and/or Council affecting land within the Planning Jurisdiction, and
including such things as the general location and extent of present and
proposed physical facilities including housing, industrial and commercial
uses, major transportation, parks, schools and other community facilities.
45. Conclusions of Law - That part of a decision document which relates
found facts to applicable provisions of this Title. See Idaho Code § 67-
6535.
46. Conditional Use - A special or conditional use, as defined in Idaho
Code Title 67, Chapter 65, permitted within a zone under a permit
approved by the Council. Conditional uses authorized to be permitted in
each zone are listed in the Chapter relating to that zone.
47. Condominium - An estate consisting of (I) an undivided interest in
common in real property, in an interest or interests in real property, or
any combination thereof, together with (ii) a separate interest in real
property, in an interest or interests in real property, or a combination
thereof. See Idaho Code Chapter 55-101B, as amended.
48. Condominium Area - The entire project excepting all units.
49. Condominium Property - The land described in the declaration
recorded pursuant to § 55-1505, together with every building,
improvement or structure thereon, and every easement or right
appurtenant thereto, and all personal property intended for use in
connection therewith or for the use, benefit or enjoyment of the
condominium owners.
50. Condominium Unit - The separate interest in a condominium.
51. Container - A garbage can, dumpster or any other kind of storage
device customarily sold or rented for use as a temporary storage of
waste matter and lawfully located on the property in question.
52. Contractor Storage Yard - Area used for the storage of equipment
and material used in contractor's business.
53. Convenience Store (Neighborhood Convenience Store) - Any retail
establishment offering for sale prepackaged food products, household
items, and other limited goods and having a gross floor area of less than
4,000 square feet.
54. Corner Vision -- Those areas near intersections of roadways and motor
vehicle access points where a clear field of vision is necessary for traffic
safety.
55. Council - The City Council of the City of McCall.
56. County Surveyor - The professional land surveyor appointed by the
County pursuant to Idaho Code § 50-1305 to check plats and
computations thereon.
57. Day Care - See Care Center.
58. Deck - An unenclosed flat floored area, whether roofless or covered,
whether on one level or multiple levels, adjoining or used in conjunction
with a building; the term includes porches, and patios; a fully enclosed
porch is considered a room of the dwelling.
Page 2-6 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
59. Dedication, Dedicate - The setting apart of land or interests in land
for use by the public, and unless otherwise stated in the document
making the dedication, the legal equivalent of a deed in fee simple
determinable for the purposes evident, for example, streets, and other
utilities and the purposes reasonably implied. "Dedicate" is the verb
transitive for the making of a dedication.
60. Density - A unit of measurement; the number of dwelling units per
acre of land.
a. Gross Density - the number of dwelling units per acre of total
land area, including street rights -of -way within the land and
one half of the abutting rights -of -way.
b. Net Density - The number of dwelling units per acre of land
when the acreage involved is computed excluding street rights -
of -way.
61. Development - Any construction or activity that changes the existing
character or use of land upon which such construction or activity occurs.
62. Development Agreement - a contract or agreement between the City
and a developer or developers in accordance with Idaho Code § 67-
6511A.
63. Director of Public Works - That official of the City who is responsible
for the administration of the public utilities and streets within the City
and whose responsibilities include review of plats, maps and surveys for
compliance with this Title.
64. Duplex - See Dwelling, Two Family.
65. Dock - Any structure extending from dry land into, upon, or over a body
of water, providing moorage for water craft and/or access to the body of
water. Dock includes landing pier and wharf, and includes the means of
access and egress to and from the dry land.
66. Domestic Livestock - Animals such as, but not limited to, horses,
cows, goats, rabbits, poultry, pigs, sheep or other typical farm animals
and may include mink, chinchillas and such animals raised for pelts.
67. Double Frontage Lot - A lot other than a corner lot having frontage on
two (2) parallel or approximately parallel streets.
68. Driveway - A non -dedicated vehicular access constructed on private
property providing access to not more than five (5) residential dwelling
units.
69. Dwelling, Accessory - A dwelling unit that is secondary and incidental
to the principle residence. An accessory dwelling unit may be separate
from, or a part of, the principle residence, and may be used for visitors,
guests and family members or as the residence of a caretaker or other
employee who works on the same property.
70. Dwelling, Multifamily - A dwelling consisting of three or more
dwelling units including townhouses, condominiums, and apartments,
with varying arrangements of entrances, and party walls.
Chapter 2, Definitions Page 2-7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
71. Dwelling Unit, Principal - A dwelling unit which serves as the
principal or primary dwelling for a household, as opposed to a guest
home or accessory dwelling.
72. Dwelling, Rooming House (Boarding House, Lodging House,
Dormitory, Bed and Breakfast) - A dwelling or part thereof, other
than a hotel, motel or restaurant, where lodging and, occasionally
meals, are provided for compensation for three or more unrelated
persons where no cooking or dining facilities are provided in the
individual rooms.
73. Dwelling, Single Family - A dwelling consisting of a single dwelling
unit only, separated from other dwelling units by open space; when
considered in the context of enforcement of restrictions, any space so
used.
74. Dwelling, Two Family - A dwelling consisting of two dwelling units
which may be either attached side by side, or one above the other; a
duplex; when considered in the context of enforcement of restrictions,
any space so used.
75. Dwelling Unit - Living, dining, sleeping room or rooms, storage
closets, as well as space and equipment for cooking, bathing and toilet
facilities, of a size and configuration suitable for use by only one family
and its household employees; when considered in the context of
enforcement of restrictions, any space so used.
76. Easement - A property interest (less than a fee simple estate) which
an entity has in land owned by another, entitling the holder of the
interest to limited use or enjoyment of the other's land, such as for a
driveway, installation of utility lines, or the like. The purpose of which
shall be designated and placed on the plat as appropriate. Plats shall
show the entity to which the easement has been granted.
77. Effective Date of the Applicable Regulations -- Means the effective
date of the first pertinent ordinance ever adopted by the City.
Pertinent ordinance" means, for example with respect to a
nonconforming use, the first ordinance which prohibited that use on that
land, which ordinance (and its successors) have continued in effect to
the time as of which the legality of the use needs to be determined.
78. Environmental Assessment - The critical appraisal of the likely
effects of a proposed project, activity, or policy on the environment,
both positive and negative.
79. Excavation - See Chapter 70 of the International Building Code.
80. Exterior - Those outside portions of a structure, landscape, or lot that
are visible from a public right-of-way or an adjacent property.
81. Fence - A hedge, structure, or partition, erected for the purpose of
enclosing or delineating a piece of land, or to divide a piece of land into
distinct portions or ownerships.
82. Findings of Fact - That part of a decision document which sets out
those facts in evidence found by the fact finder, and which the fact
finder believes are necessary and material to their decision. See Idaho
Code 67-6535.
Page 2-8 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
83. Footprint - The area of the lot which is within the perimeter created by
a vertical extension to the ground of the exterior walls of all enclosed
portions of a building, including all attached structures, decks, porches,
and accessory annexes.
84. Garage, Repair - A building designed and used for the storage, care,
repair, or refinishing of motor vehicles including both minor and major
mechanical overhauling, paint and body work.
85. Garage, Residential - A building designed and used for the storage
and care of motor vehicles owned by the property owner or guests.
86. Ground Floor - The floor of a building with a principal entrance which
faces the street to which the building address is assigned.
87. Hardship - As applied to a request for a Variance, an act of depriving
an owner of a property the opportunity to use that property to the
reasonable use because of some feature or condition of the property.
88. Health Authority or Health Department - That office of the Central
District Health Department having approval jurisdiction over land
development within the City, such as: location and engineering for
septic systems; water systems (wells and distribution); review of
subdivision plats, etc.
89. Height, Building - The vertical distance measured from the elevation
of the existing grade prior to construction at the lowest point of the
building, to the highest point of the roof.
Building height of the building element or structure element shall be
determined as follows: in all instances the height shall be measured
from the existing grade prior to construction; and, if that existing grade
and the top of the element are not parallel, height is determined as an
average of three distances, one computed at each of the two ends of the
element (if the greatest vertical distance is at an end of the element,
the midpoint of the element shall be substituted for that end of the
element), and the third being the greatest vertical distance of the
element.
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Chapter 2, Definitions
Council and Board Adoption Draft
Page 2-9
January 5, 2006
Title 3, Planning and Zoning, City of McCall
Excluded from the height measurement are; cupolas, chimneys (up to
ten feet above the highest point of the roof surface), steeples, and
spires.
90. Height, Fence or Screen - The vertical distance measured from the
existing grade prior to construction to the top of the fence. For the
purpose of applying height regulations, the average height of the fence
along any unbroken run may be used provided the height at any point is
not more than 100/0 greater than that permitted by this Title.
91. High Water Mark, Stream - See Title 9, Chapter 1.
92. Home Occupation - A business conducted within a dwelling unit which
activity is clearly incidental to the use of the residence as a dwelling and
does not change the residential character thereof, is conducted in such a
manner as to not give any outward appearance of a business in the
ordinary meaning of the term, and does not infringe upon the right of
neighboring residents to enjoy a peaceful occupancy of their homes for
which purpose the residential zone was created and primarily intended.
93. Hotel or Motel, and Apartment Hotel - A building in which lodging or
boarding and lodging are provided and offered to the public for
compensation. The term does not include a Dwelling, Rooming House
see above). Hotel also includes any dwelling rented for periods of two
weeks or less at a time.
94. Household - One or more persons related by blood, marriage, legal
adoption or guardianship, plus not more than five (5) additional persons
who live together in one dwelling unit; or one or more handicapped
persons as defined in the Fair Housing Amendments Act of 1988, with
amendments, plus not more than five (5) additional persons, who live
together in one dwelling unit.
95. Industry, Extractive - Any mining, quarrying, excavating, processing,
storing, separating, cleaning or marketing of any mineral natural
resource, "mineral" for these purposes also including the so-called
common varieties" of earth materials.
96. Infrastructure - The facilities, properties, supports and utilities which
provide services,
97. Institution - Building and/or land designed for educational services
school) or to aid individuals in need of mental, therapeutic,
rehabilitative, counseling, correctional, or like services.
98. Junk - Any kind of liquid or solid waste when kept under objectively
bona fide claim that the same may be of future use as is, as repaired,
for parts, or as recycled; including, without limitation, trash or refuse of
any kind, litter, commercial waste, industrial or construction or
demolition debris of any kind, such as rubble, broken asphalt and
concrete, crates, cartons, metal, glass; appliances or appliance shells,
vehicle bodies and parts, and inoperable or damaged vehicles, and any
cast-off tangible personal property or fixtures; where kept without any
such claim of future use, such material constitutes waste material
prohibited under Title 5.
Page 2-10 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
99. Junk Buildings, Junk Shops, Junk Yards - Any land, property,
structure, building or combination of the same, on which junk is stored
or processed, including, but not limited to, recycling facilities.
100. Kennel -Any lot or premises, on which three or more domesticated
animals more than six months of age are bred, boarded, trained or sold.
101. Large-scale Retail Business Development - A development that is
proposed to consist of any structure designed with a footprint larger
than 40,000 square feet for any one retail establishment. This definition
does not include government uses, educational uses, health centers or
hospitals, and similar establishments.
102. Laundromat - A self-service laundry facility not offering dry cleaning,
and open to the public; the term does not include a laundry facility
which is an accessory use for a planned unit development, for a
multifamily housing development, or for a mobile home or travel trailer
park or campground, or the like.
103. Loading Space, Off -Street - Space logically and conveniently located
for bulk pickups and deliveries, scaled to delivery vehicles expected to
be used and accessible to such vehicles when required off-street parking
spaces are filled.
104. Lot - A quantity of land shown as an individual unit on the most recent
relevant, approved plat of record or approved record of survey; and also
a quantity of land described in a deed recorded prior to March 24, 1994
and apparently executed for the purpose, whether immediate or future,
of building development. The word "lot" includes the words "parcel" and
tract" where such parcel or tract is the smallest quantity of land that
includes the site of a proposed use or building with respect to which a
permit is sought, which quantity of land is the subject of a deed of
record. "Lot" does not include a strip or gore of land which was
apparently conveyed for the purpose of adjusting the boundary between
ownerships of record. "Parcel" and "tract" can also mean a larger
quantity of land out of which a subdivision is being created, or a tract of
land set aside for future development, as the context makes most
suitable. "Approved" as used in this paragraph means formally
approved under these or predecessor subdivision regulations.
105. Lot, Area of - The area of a lot is computed exclusive of any portion of
the right-of-way of any public or private street.
106. Lot, Corner - A lot located at the intersection of two or more streets.
107. Lot, Flag - A lot with access to the bulk of the lot provided by a narrow
corridor.
108. Lot Line Adjustment - A change or modification of easement lines or
boundary lines between existing lots, parcels of land, or properties,
which does not reduce the area, frontage, width, depth, or building
setback lines of each lot, parcel of land, or property below the minimum
zoning requirements and which does not create additional lots or new
streets.
109. Lot, Through - A lot other than a corner lot with frontage on more than
one street. Through lots abutting two streets may also be referred to as
double frontage" lots.
Chapter 2, Definitions Page 2-11
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
110. Lot Coverage - The building footprint plus other surfaces such as
driveways, decks, patios, and walkways expressed as a percentage of
the total lot area. See § 3.3.06.
111. Lot Width - The distance parallel to the front lot line, measured
between side lot lines through that part of the building envelope or
buildable area of the lot where the lot is narrowest.
112. Lot Frontage - The front of a lot shall be construed to be the portion
nearest the street. For the purpose of determining yard requirements on
corner lots and through lots, all sides of a lot adjacent to streets shall be
considered frontage, and yards shall be provided as indicated under
Yards" in this section.
113. Lot of Record - A lot in a subdivision the plat of which is of record in
the Office of the County Recorder; or a lot or parcel described in a
record of survey or deed so recorded prior to March 24, 1994.
114. Manufacturing, Heavy - Manufacturing, processing, assembling,
storing, testing and similar industrial uses which are generally major
operations and extensive in character, which require large sites, open
storage and service areas, extensive services and facilities, ready access
to regional transportation and which normally generate some nuisances
such as smoke, noise, vibration, dust, glare, air pollution and water
pollution.
115. Manufacturing, Light - Manufacturing or other industrial uses which
are usually controlled operations; relatively clean, quiet, and free of
objectionable or hazardous elements such as smoke, noise, odor, or
dust; operating and storing within enclosed structures, and generating
little industrial traffic and no nuisances.
116. Mean High Water Mark - The mark on all watercourses, where the
presence and action of waters is so common and continued in all
ordinary years as to mark upon the soil a character distinct from that of
the abutting upland, in respect to vegetation and destroy its value for
agricultural purposes. In areas where riprap bank stabilization has
occurred, the measurement shall begin on the landward side of such
stabilization work.
117. Mobile Home - A vehicle or structure constructed with wheels for use
on the public highways, which has sleeping, cooking and plumbing
facilities, is intended for human occupancy and is being used for
residential purposes. The term mobile home does not apply to any
prefabricated section of a factory -built house to which wheels may be
attached for the purpose of moving it to a permanent location where it
becomes affixed to real property.
115. Mobile Home Park - Any privately owned place where two (2) or more
mobile homes used for human occupancy are parked within five hundred
feet (500') of each other on a lot, tract or parcel of land under the same
ownership.
119. Mobile Home Space - A plot of land within a mobile home park
designated for the accommodation of a mobile home.
Page 2-12 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and zoning, City of McCall
120. Nonconforming Use, Development, or Structure - A use,
development, or structure not permitted in the relevant zone or not
conforming to one or more standards in Title 3 or Title 9, but which
lawfully existed prior to the effective date of this Title and which is
permitted to continue. See Chapter 11.
121. Nonconforming Mobile Home - A mobile homes which is not
permitted under the district in which it is located, but which was
permitted by or conformed to requirements of a zoning ordinance in
effect prior to (date of adoption).
122. Notice - As required by McCall City Code Title 3, Chapter 15.
123. Nursery - Land, building, structure or combination thereof for the
storage, cultivation, and transplanting of live trees, shrubs or plants
offered for retail sale on the premises; such use may include sale of
products used for gardening or landscaping.
124. Open Space - An area substantially open to the sky which may be on
the same lot with a building. The area may include, along with natural
environmental features, water areas, swimming pools, tennis courts and
any other recreational facilities deemed similar by the Commission and
approved by the Council. Streets, parking areas, structures for
habitation, and the like, shall not be included as open space.
125. Overlay - Describes a zone imposing requirements in addition to those
of an underlying zone, applied where characteristics of the land or the
type of development proposed for the land require special
considerations.
126. Owner - The person or persons holding the fee simple estate. For
purposes of enforcement, the owner in fee simple and also the person or
persons in possession.
127. Park, Public - An area of publicly owned land retained in the natural
state and/or developed with walks, recreation facilities, picnic areas, etc.
for the use and enjoyment of the public,
a. Park - Is a parcel of land dedicated to the public or privately
owned. A park is maintained for the primary purposes of
recreations and/or green space.
b. Green space - Is planned and preserved open land, an
interconnected system of open land, and determined to have
cultural, ecological, and/or recreational value.
c. Parks and Recreation Advisory Committee - Is the McCall
Parks Board, a recommending body whose members are
appointed by the Council.
d. Master Plan --- Is the McCall Parks, Lands and Trails Master
Plan, as may be amended from time to time.
128. Parking Area - An area reserved for the parking of vehicles consisting
of one, or more, Parking Spaces.
Chapter 2, Definitions Page 2-13
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
129. Parking Space, Off Street - A space designed and designated for the
parking of vehicles located totally outside of the right-of-way of any
street or alley, together with properly designed access to a public street
or alley, and maneuvering room.
130. Parking, On -Site - The area off of any public or private street, access
easement or alley used for the transient storage, with appropriate
dimension, of passenger vehicles, parking stalls, access drives and
aisles.
131. Patio - A recreation or living area that adjoins or is used in conjunction
with a dwelling or other building, is on grade, and is usually paved or
surfaced, e.g., wood, stone, brick, etc., often used for outdoor dining.
132. Pedestrian Amenity - An area adjacent to a street right -or -way that is
improved for pedestrians; such areas include, but are not limited to,
plazas, outdoor seating areas, bus waiting areas, and street furnishings
e.g. seating, planter, drinking fountains, public art, kiosks, way -finding
signs, etc.) within such areas.
133. Permanent Living Quarters the use of a mobile home on one
specific site for living quarters for a period in excess of forty five (45)
days in any twelve (12) month period shall constitute a use for
permanent living quarters.
134. Perimeter Fencing - Fencing which substantially encloses the property
in question.
135. Personal Services - Services rendered to the general public, such as, but
not limited to, those rendered by shoe repair shops, barber shops, beauty
parlors and similar activities, for financial gain.
136. Pier - That construction erected upon the shore for the purpose of
providing access to docks.
137. Planned Unit Development (PUD) - An area of land described in a
final plan approved pursuant to Title 3, Chapter 10, and the
improvements and land features to be constructed on it pursuant to the
approval given.
138. Planning Jurisdiction -- The geographic area consisting of the City of
McCall together with the City of McCall Area of City Impact.
139. Planning Staff - The individuals assigned by the City to conduct the
planning functions of the City.
140. Plat, Preliminary - A preliminary plan of the plat, subdivision or
dedication containing the elements and requirements set forth in McCall
City Code Title 9, Chapter 2.
141. Plat, Final - The plat of a subdivision or dedication, or any portion
thereof, completely approved and executed for filing and recording in
the Office of the Valley County Recorder, pursuant to McCall City Code
Title 9, Chapter 2.
142. Plot Plan - A plan showing the layout of improvements on a lot. The
plot plan usually includes location, dimensions, parking areas,
landscaping and the like.
Page 2-14 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
143. Principle Structure - A structure located on a parcel which is designed
for and used as the primary structure as opposed to an attached or
accessory structure.
144. Private Community Uses - Parochial schools, colleges, camps,
hospital, and other facilities of an educational, charitable, philanthropic
or non-profit nature.
145. Professional Offices - The use of a building or part thereof and
related spaces for such professional services as are provided by medical
practitioners, lawyers, architects, engineers and similar professions.
146. Public or semi-public project - A structure or development that, after
completion, would be devoted to public or semi-public uses, including
churches and schools.
147. Public Service Facility - Buildings, power plants or substations, water
treatment plants, pumping stations, sewage disposal or pumping plants,
and other similar public service structures; operated by a public utility, or
by a municipal or other governmental agency; for purposes of furnishing
of electrical, gas, communication, water, sewer, and similar services.
148. Public Uses - Public parks, schools, administrative and cultural buildings
and structures; not including public land or buildings devoted solely to the
storage and maintenance of equipment and materials, and not including
public service facilities.
149. Record Grade - The natural grade existing prior to any site preparation
grading, or filling, unless a new record grade is approved at the time of
subdivision approval and noted on the filed final plat.
150. Recreational Vehicle - A vehicular unit primarily designated as
temporary living quarters for recreation, camping or travel which either
has its own power or is mounted on or drawn by another vehicle. The
basic entities are: travel trailer, camping trailer, truck camper and
motor home.
151. Recreational Vehicle Park - An area for the temporary placing of
movable vehicles designed and used for human occupation and
housekeeping which involves land under single ownership with lots
rented for the location of recreational vehicles and provision of facilities
and services to campers by management.
152. Replat - A plat of a re -subdivision, altering an existing plat or portion
thereof. A replat does not automatically change the dedication of rights -
of -way and easements on previous plats; the dedicated parts of the plat
can only be vacated by specific action of the Council, with Commission
recommendation, on an application for a vacation.
153. Research Activities - Research, development and testing related to
such fields as chemistry, pharmacology, medicine, electronics,
transportation, and engineering.
154. Restaurant - A place of business which sells or serves food products and
beverages for consumption on the premises with a building consisting of a
permanent structure that is fully enclosed with a roof, walls, and where
incidental dining may be permitted out-of-doors on a patio, deck or
terrace integrated into the building design.
Chapter 2, Definitions
Council and Board Adoption Draft
Page 2-15
January 5, 2006
Title 3, Planning and Zoning, City of McCall
155 Restaurant, Formula- An eating establishment devoted to the
preparation and offering of food and beverages for sale to the public for
consumption either on or off the premises which, by contractual or other
arrangement, established or recognized business practice, or membership
affiliation, maintains any of the following:
a, business name common to a similar business located
elsewhere;
b. standardized menus, ingredients, food preparation, uniforms, or
other standardized features common to a restaurant located
elsewhere;
c. interior decor common to a similar business located elsewhere;
d. architecture or exterior signs common to a similar business
located elsewhere;
e. use of trademark of logo common to a similar business located
elsewhere (but not including logos or trademarks used by
chambers of commerce, better business bureaus, or indication
a rating organization including, but not limited to, AAA, Mobile
or Michelin); or
f. a name, appearance, or food presentation format which causes
it to be substantially identical to another restaurant within or
outside Valley County.
159, Retail Business - A business which sells goods to the public at a price
normally greater than the wholesale price.
160. Retail, Formula - A retail, service retail, or restaurant business
including fast-food and coffee shops) that is required by contractual or
other arrangement to maintain standardized services, merchandise,
menus, ingredients, food preparation, uniforms, decor, logos,
architecture, signs, or similar features.
161. Retirement or Assisted Living Home - A dwelling designed for the
habitation of elderly, or invalid, individuals who may require some limited
level of living assistance.
162. Right -of -Way (Public) - A strip of land taken, dedicated, or otherwise
acquired for use as a public way. In addition to the roadway, it normally
incorporates space for curbs, planting strips, sidewalks, lighting,
drainage facilities, and snow storage; and may include special features
required by the topography or treatment) such as back slopes, fill
slopes, grade separation, landscaped areas, viaducts and bridges. See
the definitions of "Street."
163. Riparian Setback - The distance measure at right angles from the
mean high water mark of a waterway, between the mean high water
mark and an imaginary line parallel to the mean high water mark,
defining an area between such lines within which no building or other
applicable structure may be placed, and whereby any existing
vegetation shall remain undisturbed.
Page 2-16 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and zoning, City of McCall
164. Roadway - A portion or portions of a street right-of-way or of a street
without platted right-of-way developed, appropriately surfaced, and
opened for vehicular traffic, commonly used by the public, measured to
the curb, in the absence of a curb to the top of the back slope of the
borrow ditch, and in the absence of curb or borrow ditch, to the bottom
of the fill slope; where there is no curb, no borrow ditch, and no fill
slope, then to the edge of the traveled way.
165. School - An institution providing full-time day instruction which is
accredited by and meets the requirements of the Idaho State Board of
Education, including nursery schools or kindergartens whose annual
session does not exceed the school sessions for full-time day schools.
166. Seat - For purposes of determining the number of off-street parking
spaces for certain uses, the number of seats is the number of seating
units installed or indicated, or each 24 lineal inches of benches, pews or
space for loose chairs.
167. Security Trailer - A mobile home used for residential purposes in the
operation of a business or industry to provide living quarters on the
premises for a night watchman or caretaker.
168. Service Retail Business - A business which sells a service to the
public at a price normally greater than the wholesale price.
169. Service Station - Buildings and premises where gasoline, oil, grease,
batteries, tires and motor vehicle accessories may be supplied and
dispensed at retail and where, in addition, light maintenance activities
such as engine tune-ups, lubrication, exhaust system repair, minor
repairs and carburetor cleaning are conducted. Activities conducted at a
service station shall not include major mechanical and body work,
straightening of body parts, painting, welding or storage of automobiles.
Additionally, the sales of cold drinks, packaged food, tobacco and similar
convenience goods for service station customers is permitted, as
accessory and incidental to principal service station operations.
170. Setback Line - A line established by this Title, generally parallel with
and measured from the lot line, defining the limits of a yard in which a
element of a building or structure shall not be located above ground
except as may be provided in this Title. The setback line for any
particular building element shall be determined by measuring from the
appropriate lot line to the outermost protrusion of the building element
or structure such as the roof drip line of a roof, eaves of a roof, or rail of
a deck. The setback line from the water pool shore contour or high
water mark shall be measured from the nearest point of such water pool
shore contour or high water mark, Setbacks shall be measured on the
horizontally projected plane.
171. Shopping Center - A complex of retail businesses grouped together
and having a common parking area.
172, Shoreline - See water pool shore contour, high water mark.
173. Sidewalk - That portion of the road right-of-way outside the roadway
which is improved for the use of pedestrian traffic.
Chapter 2, Definitions Page 2-17
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
174. Sign - See Chapter 9, Signs.
175. Site Plan - A detailed plan for a parcel which includes information
about the plot, buildings and other improvements, rights -of -way,
easements, natural features, etc.
176. Slash - Brush, severed limbs, poles, tops and other waste material
incident to logging or land clearing which are less than or equal to three
3) inches in diameter.
177. Storage Facility, Self-service -- A facility designed primarily for the
covered or enclosed storage of belongings of the public on a rental
basis. These facilities are usually secured with fencing and security
gates.
178. Storage or Merchandising Facility, Temporary - Includes, but is not
limited to, tents, freight trailers, freight containers, or other storage
units, which are being used for storage of equipment or inventory, or
used for the display and sale or rental of equipment or merchandise; but
does not include personal utility or boat trailers in a residential district
on the property of the owner of the same.
179 Storage Yard - Any area used for storage of vehicles, equipment,
materials and/or similar items, either commercial or private.
180 Story - That part of a building between the surface of a floor and the
ceiling immediately above it, including the ceiling structure.
181 Street - A right-of-way which provides vehicular and pedestrian access
to adjacent properties. The term "street" also includes the terms
highway, thoroughfare, parkway, road, avenue, boulevard, lane, place,
and other such terms. Streets are classified as follows (where an
existing street has less than the below indicated width of right of way,
such fact shall not deprive it of the status of "street," but shall instead
evidence City policy for lawful acquisition of right of way in the fullness
of time). Streets are designated in Title 8, Public Ways and Property.
a. Minor - A street which has the primary purpose of providing
access to abutting properties, of which the right-of-way shall be
not less than sixty (60) feet in width;
b. Collector - A street designated in Title 8 for the purpose of
carrying traffic from minor streets to other collector streets
and/or arterial streets, of which the right-of-way shall be not
less than seventy (70) feet in width.
c. Arterial - A street designated in Title 8 for the purpose of
carrying fast and/or heavy traffic, of which the right-of-way
shall be not less than eighty (80) feet in width.
d. Private - A street that is not accepted by the City (or, in the
Impact Area, by the County) for public maintenance which
provides vehicular and pedestrian access, of which the roadway
shall be adequate in width to provide access for emergency
vehicles when snow is being stored, and in any event with a
Page 2-18 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
paved roadway not less than twenty (20) feet wide. Minimum
right-of-way for a private street shall conform to the functional
classification in paragraphs a., b., and c. immediately above or
as otherwise approved by the Commission (see § 9.6.05).
e. Emergency Access Street - A street designed to connect two
otherwise incompatible streets with excessive cul-de-sac
lengths so as to remove the incompatibility and which will
accommodate emergency, and other, vehicles. The right-of-
way shall not be less than forty (40) feet, with a paved
roadway of at least twenty (20) feet wide.
f. Cul-de-sac - A short street terminated by a vehicular turn-
around.
g. Dead-end - An adjective describing a street terminating at a
property line, having no outlet.
h. Alley or Alleyway - A minor way which is used primarily for
vehicular service access to the rear or side or properties also
abutting on a street.
i. Frontage - A minor street parallel to and adjacent to an
arterial street providing access to abutting properties and
protection from through traffic.
j. Highway - A street designated as a State or Federal Highway
by the State or federal agency responsible therefore.
k. Half - A portion of the width of a street, usually along the edge
of a subdivision, where the remaining portion of the street
could be provided by dedication in connection with approval of
an adjoining subdivision.
182. Street, gated - Any street, public or private, with a gate across the
traveled way, whether open at all times or periodically closed and locked
or otherwise secured.
183. Structural Alterations - Any change in the supporting members of a
building, such as a bearing wall, column, beam or girder, floor or ceiling
joist, roof rafter, roof diaphragms, foundation, pilings, retaining walls, or
similar elements, or changes in roof or exterior lines.
184. Structure - Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a fixed
location on the ground. Among other things, structures include
buildings, mobile homes, walls, fences, decks, patios, satellite dishes,
billboards, fuel tanks, refuse enclosures, and piers or any other
construction erected to connect docks to the shore; "structure" does not
for purposes of setbacks from the lot lines include:
a. paths, steps, and sidewalks of less than 49 inch width; and
driveways from access street to automotive vehicle storage
areas;
b. in -ground patios;
Chapter 2, Definitions Page 2-19
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
c. detached planter boxes, or other landscaping features which
landscaping features are not more than thirty (30) inches
above the natural terrain, or lot line fences; and
d. docks and retaining walls otherwise permitted by this Title.
185. Subdivider - An applicant for approval of the platting of a subdivision
of land pursuant to this Title. The subdivider shall be an owner as
defined above. For purposes of enforcement, subdivider also includes a
person who creates an unapproved subdivision.
186. Subdivision - The division of a tract or parcel of land into two (2) or
more lots, sites, or other divisions for the purpose, whether immediate
or future, of sale, lease, or building development, including any re -
subdivision, and when appropriate to the context, the process of
subdividing the land subdivided. "Subdivision" is so defined for
purposes of subject -matter jurisdiction; that certain action constitutes a
subdivision" for purposes of this Title does not imply the necessity of a
plat under State law, as opposed to a "record of survey" under State law
approved as to zoning by the City. See Title 9.
187. Supply Yard - A commercial establishment storing and offering for sale
building supplies, steel supplies, coal, heavy equipment, feed and grain
and similar goods.
188. Surveyor - A Professional Land Surveyor registered in the State of
Idaho.
189. Temporary Living Quarters - A living quarters used by a family or
individual(s) for a limited period of time for an approved purpose, such
as the construction of a permanent dwelling; the time limit is to be
proposed by an applicant and approved by the Administrator.
190. Tree - Any object of natural growth.
191, Townhouse Development - A planned residential project of two (2) or
more townhouse units which may be constructed as single building(s)
containing two (2) or more townhouse units. Each unit within the
development shall be separated from the adjoining unit or units by fire
walls as required by the International Building Code, as amended, each
unit having its own access to the outside, and no unit located over
another unit in part or whole. All townhouse development(s) shall be
platted under the procedures contained in Title 9.
192, Townhouse Sub -Lot - The lot resulting from platting a residential
townhouse development.
193. Townhouse Unit - One (1) or more rooms, including a minimum of
one (1) bathroom and a single kitchen, designed for or occupied as a
unit by one (1) family for living and cooking purposes, located in a
townhouse development on a platted townhouse sub -lot, and meeting
the efficiency dwelling unit standards established in the International
Building Code, as amended.
194. Upper Floor - Any floor of a building which is situated above the
elevation of the ground floor.
Page 2-20 Chapter 2, Definitions
3anuary 5, 2006 Council and Board Adoption Draft
Title 3, Planning and zoning, City of McCall
195. Use - The specific purposes for which land or a building, or a portion of
either or both, is designated, arranged, or intended, or for which it is or
may be occupied or maintained.
196. Utilities - Installations for conducting water, sewage, gas, electricity,
television, and storm water, and similar facilities providing service to
and used by the public.
197. Variance - The relaxation of an otherwise applicable dimensional
requirement. See Title 3, Chapter 13.
198. Vehicle. - A vehicle as defined in the Idaho Code; however, for purposes
of the sign regulations' authorization of signs on vehicles, a vehicle which
is currently, regularly, commonly, and principally used for a significant
transportation purpose other than display of such sign and which motor
vehicle is not under any circumstances to be used principally as a sign for
a business, either in the scenic route overlay district, or elsewhere, no
matter how conforming to this ordinance the sign may otherwise be.
199. Veterinary Animal Hospital or Clinic - A place used for the care,
grooming, diagnosis and treatment of sick, ailing, infirm, or injured
animals, and those who are in need of medical or surgical attention, and
may include overnight accommodations on the premises for treatment,
observations and/or recuperation. It may also include boarding that is
incidental to the primary activity.
200. Vicinity Map - A drawing which sets forth by dimensions or other
means the relationship of the proposed development to other nearby
developments or landmarks and community facilities and services within
the general area, in order to better locate and orient the area affected
by an application.
201. Walkway - A public way, four feet or more in width, for pedestrian use
only, whether or not along the side of a road.
202, Waste Matter - Any kind of liquid or solid waste, including without
limitation, trash, household garbage or refuse of any kind, such as
rubble, broken asphalt and concrete, crates, cartons, metal, glass;
appliances or appliance shells; vehicle bodies and parts; or
accumulations of manure other than that customarily in pastures and in
association with fertilization of lawful on -site agricultural uses. "Waste
matter" also includes anything that was in a waste container but which
has escaped from the same.
203. Water Pool Shore Contour, Payette Lake - The intersection with the
shore of a horizontal plane at an elevation of 4,988.79 feet above sea
level. It is irrelevant for purposes of this Title that such contour is or is
not covered by water at any particular time or times.
204. Wetlands - Lands which are dedicated and protected in accordance
with Federal laws and are not to be included in the calculation of land to
meet the requirements for parks.
205. Wrecking Yard - A place where the dismantling or wrecking of two or
more used motor vehicles, mobile homes, trailers or the storage, sale or
dumping of dismantled, partially dismantled, obsolete or wrecked
vehicles or their parts, occurs. See also, Junk Yard.
Chapter 2, Definitions Page 2-21
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
206. Yard - An area, unoccupied and unobstructed by any structure or
portion of a structure; provided accessories, ornaments and furniture
may be permitted in any yard, subject to height limitations and
requirements limiting obstruction of visibility, defined as the area
between the lot line and the setback line.
207. Yard, Usable - One (1)or more well -drained open areas covered with
lawn grass or other suitable cover material, located on the same lot as
the principal use, for use by the residents for outdoor activities. Usable
yard may be computed in part using sand boxes, horseshoe pits, and
like outdoor recreational facilities. No dimension of the usable yard shall
be less than ten (10) feet. Usable yard does not include driveways,
common walks, refuse storage or collection areas, or off-street parking
or loading areas. Decks and accessible flat roof areas having at least
one (1) dimension of ten (10) feet, and no dimension less than three (3)
feet, may be used to meet a usable yard requirement.
Page 2-22 Chapter 2, Definitions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 3
Residential Zones and Standards
3.3.01 Purpose 3-1
3.3.02 Residential Use Regulations 3-2
3.3.03 Residential Zone General Development Standards 3-4
3.3.04 Residential Zone Lot Width vs. Side Yard Setback 3-6
3.3.05 Residential Zone Lot Depth vs. Rear Yard Setback 3-7
3.3.06 Residential Zone Lot Coverage of Improvements 3-7
3.3.07 Residential Zone Required Determination 3-9
3.3.08 Residential Zone Special Development Standards 3-9
3.3.01 Purpose
The McCall Area Comprehensive Plan details the goals, objectives, actions,
and for the City's residential areas, including the preservation of the natural
resources of the area and enhancement of existing residential
neighborhoods. It is the purpose of this chapter to implement the Plan's
vision through development regulations that allow for a range of residential
opportunities for all socioeconomic groups, ensure that new residential
development maintains existing and achieves new, quality, neighborhoods,
and provide holding areas for future urban development.
A. Rural Residential (RR) Zone. The RR land use designation is the least
intense residential designation in the City, and is intended to guide
development away from unsuitable areas, to preserve ecologically
sensitive and important recreation areas. This zone allows for the
development of single-family homes on significant acreage at a
maximum density of one (1) dwelling unit per ten (10) acres.
B. Residential, Estate (RE) Zone. The RE land use designation permits the
development of large lot, single family residential areas, and is intended
to provide for a rural setting and encourage preservation of open space
and recreation areas. This zone allows a maximum density of one (1)
dwelling unit per five (5) acres.
C. Residential, one (1) dwelling unit per acre (R1) zone. The R1 land use
designation permits the development of large lot single family residential
areas and is intended to allow larger lot residential subdivisions. The
zone allows a maximum density of one (1) dwelling unit per acre.
Chapter 3, Residential Zones and Standards Page 3-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
D. Residential, four (4) dwelling units per acre (R4) Zone. The R4 land use
designation permits the development of low -density single family
residential neighborhoods. These neighborhoods would consist of larger
home sites. The zone allows a maximum density of four (4) dwelling
units per acre.
E. Residential, eight (8) dwelling units per acre (R8) Zone. The RS land
use designation permits the development of medium density single
family housing and is intended to maintain traditional residential
neighborhoods. The zone allows a maximum density of eight (8)
dwelling units per acre.
F. Residential, sixteen (16) dwelling units per acre (R16) Zone. The R16
land use designation permits the development of neighborhoods with
multiple family dwelling units and is intended to encourage a variety of
housing opportunities. The zone allows a maximum density of sixteen
16) dwelling units per acre
3.3.02 Residential Use Regulations
A. Permitted and Conditionally Permitted Uses. The uses identified in Table
3.3.02 shall be the primary uses allowed to occur on a property. All
uses, unless otherwise provided for in this Title, shall be conducted
within enclosed structures, All uses not listed in Table 3.3.02 require
review by the Commission and a Conditional Use Permit. The primary
uses identified in Table 3.3.02, shall be permitted or conditionally
permitted as indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject
to the issuance of an Administrative Permit in accordance with
Chapter 13, Permits and Applications, § 3.13.01 of this Title,
C: Where the symbol C appears the use shall be permitted subject
to the issuance of a Conditional Use Permit in accordance with
3,13,03 of this Title.
Where no symbol, or a dash, appears the use is not permitted.
Page 3-2 Chapter 3, Residential Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Table 3.3.02: Permitted and Conditionally Permitted Uses within
Residential Zones
Allowed Use RR RE R1 R4 R8 R16
Accessory structure, >1500
square feet
C C C C C C
Accessory structure, <_1500
square feet
A A A A A A
Accessory use, residential P P P P P P
Agricultural structure A A A C C C
Agricultural use P P C
Amusement or recreation
facility, indoor (only)
Animal clinic, animal hospital,
or veterinary office
C C C
Animals, large or common
farm animals
C C w
Automotive, hobby A A A A A A
Camp C C C C C C
Care center C C C C C C
Cemetery C C C C C C
Children's treatment facility C C C C C C
Church C C C C C C
Clinic C C C C C C
Club or lodge or social hall C C C C C C
Convenience store C C C C C C
Drug and alcohol treatment
facility
C C C
Dwelling, two Family C C P
Dwelling, accessory C C C C C C
Dwelling, rooming house C C C C C C
Dwelling, principal (single
family)
P P P P P P
Dwelling, multi -family C P P
Foster home, group C C C C C C
Golf course and country club C C C C C C
Home occupation P P P P P P
Kennel C C C
Large-scale retail business2
Mortuary C C
Nursery, wholesale (only) P
Nursing facility, skilled C C C C C C
Public parks, recreation
areas, easements, trails
A A A A A A
Chapter 3, Residential Zones and Standards
Council and Board Adoption Draft
Page 3-3
January 5, 2006
Title 3, Planning and Zoning, City of McCall
Allowed Use RR RE R1 R4 R8 R16
Recreational vehicle park C C C C C C
Rental store and storage yard C C C
Restaurant C C C C C C
Restaurant, formula3
Retail business C C C C C C
Retail, formula
Retirement or assisted living
Home
C C C C C C
Roadside produce stand A A A
School, public or private C C C C C C
Service retail business C C C C C C
Stable or riding arena,
commercial
C C
Storage facility, self-service C C C
Storage yard (outdoor) C C C
Temporary living quarters A A A A A A
Tower or antenna structure C C C C
Notes:
1. See § 3.8.18 for limitations on Retail, Formula
2. See § 3.8.02 (D)
3. See § 3.8.17 for limitations on Formula Restaurants.
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 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
Dimensional
Standard
RR RE R1 R4 R8 R16 S
Nominal property
size:
10.0
acres
5.0
acres
1.0 acre
4 units/
acre
8 units/
acre
16
units/
acre
Minimum property
size: (sq. ft.)
360,000 180,000 40,000 10000 5000 3500
Street frontage,
minimum (in feet) 1 300 200 100 75 50 25
Setback (in feet) from:
1. Any property 30 30 30 25 20 20
Page 3-4
January 6, 2006
Chapter 3, Residential Zones and Standards
Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Dimensional
Standard
RR RE R1 R4 RS R16 5
line on an
arterial or
collector street:
2. Front property
line on a minor
or private
street :
25 25 25 20 20 15 5
3. Front property
line where alley
provides
access to
garage or
where the
garage is side
loaded:
25 20 20 15 15 10 5
4. Interior side
property line: z'
5, 9
50 30 3 3 3 3
5. Rear property
line: 2' 5' 9 50 30 B 8 S B
5. Side property
line on minor
or private
street: 2' 4' 5' 9
25 25 20 3 3 3
Maximum height (in
feet) :
35 35 35 35 35 50 6
Minimum distance
between buildings (in
feet):
20 20 20 10 10 10
Notes:
1. Measured at the setback line; for flag lots, the setback starts at the
end of the pole section.
2. See Chapter 10, Planned Unit Development, § 3.10.08, regarding
zero lot line developments.
3. See Figure 3.3.04 to determine minimum setbacks and § 3.3.041
regarding snow shedding roof setback.
4. If vehicle access is restricted on such street, a setback of 15 feet is
permitted.
5. A Conditional Use Permit may be applied for requesting a reduced
setback, taking into consideration the surrounding zones, terrain,
water course features, wetlands, or need for snow storage.
Chapter 3, Residential zones and Standards Page 3-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
6. Exception to height allowances as noted in Chapter 7, Special
Districts. All buildings over thirty five (35) feet in height will require
a Conditional Use Permit. Fifty 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 § 3.3.05,
9. For zero lot line developments, the maximum lot coverage standard
shall be increased by ten (10) percent for each lot line with a zero
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%.
3.3.04 Residential Zone Lot Width vs. Side Yard Setback
See Figure 3.3.04 below to determine side yard setback. For example:
Home sites less than fifty (50) feet
wide
Five (5) feet minimum either side
Home sites one hundred (100) feet
wide
Ten (10) feet minimum either side
Home sites equal to or greater than
one hundred twenty-five (125) feet
wide
Fifteen (15) feet minimum either side
MinimumSetback, Feet (OneSide)
16.0
14.0
12.0
10.0
8.0
6.0
4.0
Figure 3.3.04
Residential Lot Width vs. Side Yard Setback
1..._l 1....._L..... L......L.__ f
Y------
50 60 70 80 90 100
Lot Width,Feet
110 120 130
Page 3-6 Chapter 3, Residential Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
However, for lots up to one hundred (100) feet wide the sum of both side
yard setbacks shall equal a minimum of twenty percent (200/0) of the lot
width when measured at the location of the setback. For lots over one
hundred (100) feet in width, the requirement is for the sum of both side yard
setbacks to equal at least thirty percent (30%) of the lot width when so
measured. The Administrator may approve, for lots up the 125 feet wide, a
relaxation of total side yard setback to up to twenty five percent (25%) of
the lot width if conditions of topography, adjacent buildings, vegetation, or
wetlands impact the location of the proposed building site.
3.3.041 Snow Shedding Roof Setback
If the interior side setback is less than ten (10) feet and the roof slopes
towards the interior side property line, then the roof shall be designed to
hold and/or shed snow to prevent snow accumulation on the adjoining
property.
3.3.05 Residential Zone Lot Depth vs. Rear Yard Setback
If rear yard setback is less than ten (10) feet and the roof slopes towards the
property line, then the roof will be designed to hold snow to prevent snow
accumulation on adjacent properties.
Setback standard:
Lots less than one hundred (100) feet deep Five feet minimum
Lots one to two hundred (100-200) feet deep Ten feet minimum
Lots over two hundred (200) feet deep Twenty feet minimum
3.3.06 Residential Zone Lot Coverage of Improvements
The maximum permitted lot coverage varies with lot size. Figure 3.3.06
establishes the maximum permitted lot coverage for all uses in all Residential
Zones.
To determine the lot coverage for a proposed development, calculate the
following values and add to determine the total coverage.
Building/house footprint 100% of footprint area = A
Decks, patios, walkways, plazas, etc. 50% of covered area = B
Driveways, walks, surface parking, etc. 35% of covered area = C
Total .- A+B+C
Chapter 3, Residential Zones and Standards Page 3-7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Determine the maximum permitted lot coverage (A+B+C) for home sites by
using Figure 3.3.06. For example:
Home sites equal to or less than 5000 square feet 500/0
Home sites of 8000 square feet 330/0
Home sites of 10,000 square feet 30%
Home sites of 20,000 square feet 24%
Home sites of 90,000 square feet 15%
Home sites of 200,000 square feet and above 10%
Some examples:
A. Lot Size = 7000 square feet
House plus garage footprint = 1800 square feet x 1.00 = 1800 (A)
Patio = 200 square feet x .50 = 100 (B)
Driveway and walk = 300 square feet x .35 = 105 (C)
A + B + C = 1800 + 100 + 105 = 2005
Lot size = 7000; from Figure 3,3.06, maximum value for A + B + C =
36%, or 2520.
So this example meets the coverage requirement.
B. Lot Size = 15,000 square feet
House plus garage footprint = 3500 square feet x 1.00 =3500 (A)
Patio and deck = 800 square feet x .50 = 400 (B)
Driveway and walk = 600 square feet x .35 = 210 (C)
A + B + C = 3500 + 400 + 210 = 4110
Lot size = 15,000; from figure 3.3.06, maximum value for A + B + C
26%, or 3900.
So in example, something will have to be reduced to bring the total to
3900.
Page 3-8 Chapter 3, Residential Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Figure 3.3.06
Residential Lot Coverage vs. Lot Size
50.0 ....
45.0
40.0
be
0
o
5' 30.0
25.0
20.0
15.0 --
10.0 i_..._._....i
5000 10,000 50,000 100,000 200,000
Lot Size,Square Feet
3.3.07 Residential Zone Required Determination
Each application for a building permit will show calculation for the above
requirements. For odd-shaped lots, corner lots, and similar situations where
an interpretation of the standards is required, the Administrator may require
the submittal of specific building envelopes and other information to
demonstrate compliance with the intent of these requirements. The
Administrator will make a determination of compliance or non-compliance.
3.3.08 Residential Zone Special Development Standards
A. Landscaping. See § 3.8.13.
B. Accessory Dwelling Units may be rented by obtaining approval per §
3.13.036.
C. The Commission may approve smaller individual lots in a multiple lot
subdivision if the average size meets the minimum size values shown in
Table 3.3.03. See also Chapter 10, Planned Unit Development.
D. Home Occupation (see Definitions, Chapter 2). An occupation which
complies with the following criteria shall be deemed a home occupation:
Chapter 3, Residential Zones and Standards Page 3-9
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
1. The use, including all storage space, shall occupy not more than
50% of the residence's floor area which is finished for living
purposes.
2. There shall be no commercial advertising, except one non-luminous
sign bearing the name and occupation of the resident, not
exceeding two square feet in area, and placed flat against the
building.
3. No materials or mechanical equipment shall be used which will be
detrimental to the residential use of said residence or surrounding
residences because of vibration, noise, dust, smoke, odor,
interference with radio or television reception, or other factors.
4. Materials or commodities delivered to or from the residence which
are of such bulk and quantity as to require delivery by a commercial
motor vehicle or a trailer, or the parking of customer's automobiles
in a manner or frequency causing disturbance or inconvenience to
nearby residents or so as to necessitate a parking lot, shall be prima
fade evidence that the occupation is a primary business, and not a
home occupation. "Commercial motor vehicle," for these purposes,
shall not be said to include a United Parcel Service or Federal
Express delivery or other like courier services and parcel post
services, making deliveries to the subject property with a frequency
not uncommon in residential neighborhoods.
Page 3-10 Chapter 3, Residential Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 4
Commercial Zones and Standards
3.4.01 Purpose 4-1
3.4.02 Commercial Use Regulations 4-2
3.4.03 Commercial Zone General Development Standards. 4-4
3.4.04 Commercial Zone Special Development Standards 4-6
3.4.05 Specific Standards for Development in the CBD 4-6
3.4.06 Specific Standards for Commercial Development in any District
Zone 4-7
3.4.01 Purpose
The McCall Comprehensive Plan details the goals, objectives, actions and policies for
the City's commercial areas, including the preservation of community character and
enhancement of existing commercial zones. It is the purpose of this chapter to
implement the Plan's vision through development regulations that allow for a variety
of appropriately scaled retail, service, and mixed use opportunities for residents and
visitors to McCall.
A. Neighborhood Commercial (NC) Zone. The NC land use designation is the least
intense commercial designation in the City, and is intended to provide retail,
service, and mixed use establishments that are within easy walking distance for
area residents. These small scale commercial uses should be conveniently
located and integrated within neighborhoods and designed to complement the
pedestrian environment of the neighborhoods in which they are located. This
zone allows residential uses at a maximum density of that allowed by the
average of the adjacent residential zones.
B. Community Commercial (CC) Zone. The CC land use designation supports
general commercial uses that serve the greater community of McCall. These
retail, service, and mixed use establishments may be auto oriented and require a
larger lot area provided that they are designed to safely and comfortably
accommodate those arriving by foot, bicycle, or transit. This zone allows
residential uses at a maximum of forty (40) dwelling units per acre.
C. Central Business District (CBD) Zone. The CBD land use designation is intended
to preserve and enhance the McCall downtown area as the historic heart of
McCall, and the primary tourist and pedestrian activity area of the community. A
variety of retail, service, and mixed use establishments associated with the
traditional main street environment are permitted. This zone allows residential
uses at a maximum of sixty (60) dwellings per acre.
Chapter 4, Commercial Zones and Standards Page 4-I
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.4.02 Commercial Use Regulations
A. Permitted and Conditionally Permitted Uses. The uses identified in Table 3.4.02,
Uses within Commercial Zones shall be the primary uses allowed to occur on a
property. All uses, unless otherwise provided for in this Title, shall be conducted
within enclosed structures. For example, some businesses, such as a gas station
or car wash, will have a portion of a use outside the primary structure. All uses
not listed in Table 3.4.02 require review by the Commission and a Conditional
Use Permit. The primary uses identified in Table 3.4.02, may be permitted or
conditionally permitted as indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject to the
issuance of an Administrative Permit in accordance with Chapter 13,
Permits and Applications, § 3.13.01.
C: Where the symbol C appears the use may be permitted subject to the
issuance of a Conditional Use Permit in accordance with § 3.13.03,
Conditional Use Permits.
Where no symbol, or a dash, appears the use is not permitted.
Table 3.4.02: Permitted & Conditionally Permitted Uses Within Commercial
Zones
Allowed Use NC CC CBD
Adult entertainment establishment
Amusement or recreation facility, C P P
indoor
Amusement or recreation facility, C C C
outdoor
Animal boarding with outside runs C C
Animal clinic, animal hospital, or C C C
veterinary office
Auction establishment, outdoor
Automobile or recreational vehicle
C
sales or service (used or new)
Automobile, major repair C
Bank P P P
Bar, brew-pub, or night club C P P
Boarding house C C C
Camp C
Car wash C C
Care center C C C
Cemetery C C
Church C C C
Clinic, medical (excluding animal or P P P
veterinary)
Page 4-2 Chapter 4, Commercial Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Allowed Use NC CC CBD
Club or lodge or social hall C C C5
Contractor's yard or shop C
Convention facility C C
Crematory C
Drive-up window service C
Dry cleaning facility C C
Dwelling, accessory A A A
Dwelling, single family C C
Dwelling, multi-family C C3'2 C1,2
Farm, garden, lumber, or building P C
supply store
Hotel or motel C P P
Kennel, commercial C C
Large scale retail business
Laundromat P P C
Mixed use' Use procedure of most
restrictive use.
Mortuary P P
Nursery, retail (only)P P P
Nursing facility, skilled C C
Office, temporary construction A A _ A
Off-street parking facility when not C P C
accessory
Package and letter delivery service C P P
Personal, business, or professional
P P P
service or small business
Portable classroom A
Professional Offices P P P5
Public or quasi-public use, except: C C C
Public parks, recreations areas or P P P
easements, and trails
Radio and television broadcasting C P C
station
Recreational Facility, indoor C P C
Recreational vehicle park C C
Recycling center P
Research and development facility P C5
Residential care facility C C C
Restaurant P P P
Restaurant, Formula6 P P
Retail, formula3 P P
Retail sales relating to an approved A A A
use
Retail or rental store without outdoor P P P
Chapter 4, Commercial Zones and Standards Page 4-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Allowed Use NC CC CBD
storage or display yard
Retirement or Assisted Living Home C C C
Rental or Retail Store with Outdoor
C C
Storage or Display Yard
Service Retail Business C C C
School, public or private C C C
School, vocational or trade P C
Service Station C C
Storage facility, self-service C
Storage yard (outdoor) C
Studio (music, art, dance or similar P P P
studio)
Swimming pool, private A A A
Theater C P P
Tower or antenna structure, C C C
commercial
Tower or antenna structure, private A A C......._W
Transit facility (e.g. bust stop, bus
shelter, transit center)
A A A
Truck stop C
Notes:
1. Professional offices are not permitted on the ground floor fronting the street.
Professional offices are permitted in ground floor courtyards or in other ground
floor locations that do not front the street.
2. See § 3.8.17 for limitations on Restaurant, Formula.
3. Subject to § 3.4.05C.
4. Single, two-family, or multi-family dwellings are allowed as part of a mixed use
development.
5. See § 3.8.18 for limitations on Retail, Formula.
6. See § 3.8.02 (D).
3.4.03 Commercial Zone General Development Standards.
The following property development standards shall apply to all land and permitted or
conditionally permitted buildings located within their respective commercial zones.
Table 3.4.03 presents minimum setbacks for commercial zones and Table 3.4.04
presents dimensional standards.
Page 4-4 Chapter 4, Commercial Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Table 3.4.03: Minimum Setbacks by Commercial Zone
Setbacks in feet
Minimum 112 NC CC CBD
Front Setback 10 5 0
Side Street
10 5 0
Setback
Interior Side
5 0 0
Setback
Rear Setback (no
5 10 0
alley)
Alley Setback N/A 3 3
Notes:
1. The interior side and rear setbacks shall be as set forth in the abutting
residential district with the most restrictive standards applying where the
commercial zone abuts the residential zone.
2. If the side setback is less than then (10) feet and the roof slopes towards
the property line, the roof shall be designed to hold or shed snow to prevent
snow accumulation on adjoining properties, unless otherwise allowed
through a subdivision or PIED approval. See Chapter 7, Special Districts, for
additional setback requirements.
3.4.031 Maximum Setback (Build-to Line)
At least one (1) primary building entrance or other pedestrian building element shall
be built within ten (10) feet of the front property line. An exception to this build-to
line may be granted through design review when the project contains pedestrian
amenities between the primary building entrance and the front property line.
Table 3.4.04: Dimensional Standards by Commercial Zone
Dimensional
NC CC CBD
Standards
Minimum property 5,000 3,000 3,000
size (square feet)
Maximum lot
65 80 95
coverage (%)
1
Maximum
structure height 35 35 50 2
in feet)
Minimum street
frontage 50 30 30
in feet) 3
Chapter 4, Commercial Zones and Standards Page 4-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Dimensional
NC CC CBD
Standards
Maximum Building
Footprint (square 5,000 40,000 15,000
feet) 4
Footprint with a
CUP and
Community 40,000
Impact Review
square feet) 4,5
Shopping Center 10,000 100,000 40,000
square feet)
Notes:
1. Lot coverage of structures.
2. Exception to height allowances as noted in Chapter 7, Special Districts. All
buildings with a height over thirty-five (35) feet will require a Conditional
Use Permit and conform with the building step-back standard in Chapter 8,
General Design Standards.
3. This requirement may be modified if requested as part of an approved final
plat.
4. If two (2), or more, buildings are under one (1) ownership or serve a single
business, the limits shown are for the sum of all the buildings.
5. Community Impact Review and mitigation - See Chapter 13, Permits and
Applications.
3.4.04 Commercial Zone Special Development Standards
A. Design Review is required as provided for in Chapter 16.
B. Sidewalks, curbs and gutters are required as provided for in Title 9 of this Code.
C. Outdoor and/or sidewalk eating and seating provisions may be permitted with a
Conditional Use Permit.
3.4.05 Specific Standards for Development in the CBD
A. Density. Densities in excess of the base zoning may be permitted through a
Planned Unit Development.
B. Maximum lot size: Two (2) acres. If development size exceeds one (1) acre, a
PUD will be required. See Title 9, Chapter 1, Subdivision and Development
Provisions.
Page 4-6 Chapter 4, Commercial Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
C. Uses. Residential uses are allowed within the CBD and CC zones provided that
commercial and/or public use development shall be incorporated into any
residential development. This can be achieved in several ways, such as:
1. In a multistory structure, provide for commercial space at the street level
with residential space above (or below).
2. Within a parcel, provide for a commercial building facing the primary street,
with residential units to the rear or side.
3. Provide for a combination of living and entrepreneurial spaces, such as
artists lofts and quarters or specialized training facilities within a site
residence.
4. In each case a proposal will be expected to provide at least fifty percent
54%) ground floor area in commercial or public uses.
D. The design of each mixed use project must further the quality and characteristics
of the CBD, and be compatible with the historic area in its architectural
character. There are a number of historic buildings, some registered, in this
area.
3.4.06 Specific Standards for Commercial Development in any District
Zone
3.4.061 Special Parking Standards in the CBD
Off street parking areas shall be provided according to the standards specified in
Chapter 8, General Development Standards, of this Title. In the CBD the required
parking spaces must be provided as follows:
A. On site, or pursuant to shared parking agreement approved as provided in
Chapter 8 of this Title, or
B. For each required space, the owner may contribute the amount most recently
specified by resolution of the Council to the City's parking lot trust fund which
shall be used exclusively for the purchase of land or air rights for, and the
construction and maintenance of, public parking lots or structures within or
adjacent to the Central Business District; or
C. By a combination of subsections 1 and 2 above to provide the required number
of parking spaces.
Chapter 4, Commercial Zones and Standards Page 4-7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
This page is left blank.
Page 4-8 Chapter 4, Commercial Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 5
Industrial Zone and Standards
3.5.01 Purpose 5-1
3.5.02 Industrial Zone Use Regulations 5-1
3.5.03 Industrial Zone General Development Standards 5-2
3.5.04 Specific Standards for Industrial Development in any Zone ., 5-4
3.5.01 Purpose
The McCall Area Comprehensive Plan identifies the importance of a variety of
land uses including industrial areas. It is the purpose of this chapter to
implement the Plan's vision through development regulations that permit
industrial uses that will support a growing economy and yet are not
detrimental to any abutting uses. Furthermore, industrial activities shall not
interfere with the operation of the airport or any transportation facility.
3.5.02 Industrial Zone Use Regulations
Permitted and Conditionally Permitted Uses. The uses identified in Table
3.5.02, shall be the primary uses allowed to occur on a property. All uses,
unless otherwise provided for in this Title, shall be conducted within enclosed
structures. For example, some industrial uses such as recycling centers for
storage yards may have a portion of the use not enclosed. All uses not listed
in Table 3.5.02 require review by the Commission and a Conditional Use
Permit. The primary uses identified in Table 3.5.02, shall be permitted or
conditionally permitted as indicated:
P: Where the symbol P appears, the use shall be permitted.
A: Where the symbol A appears, the use may be permitted subject
to the issuance of an Administrative Permit in accordance with
Chapter 13, Permits and Applications, § 3.13.01.
C: Where the symbol C appears the use may be permitted subject
to the issuance of a Conditional Use Permit in accordance with §
3.13.03, Conditional Use Permits.
Table 3.5.02 Permitted and Conditionally Permitted uses within
the Industrial Zone
Allowed Use I
Assembly plants A
Bulk petroleum storage P
Church C
Chapter 5, Industrial Zones and Standards Page 5-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Allowed Use I
Dwelling, multifamily
Dwelling unit' C
Formula retail C
Heavy equipment sales, rental, repair
and service
Indoor recreation. P
Industry, extractive C
Large-scale retail business3
Manufacturing, heavy C
Manufacturing, light P
Professional offices and buildings P
Public service facilities C
Radio, TV and telephone relay stations C
Recycling centers A
Rental store and yard C
Research and development facilities A
Retail stores, when accessory to a
primary industrial use
Retail stores, when not an accessory to
a primary industrial use
Storage facility, self service C
Storage buildings and yards, incl. A
contractor
Temporary use, per 3.8.05 A
Terminal yards trucking facilities P
Truck and tractor repair facilities P
Vehicle sales P
Vehicle service stations, incl. truck stop P
Warehouse and wholesaling facilities P
Wrecking yards C
Notes:
1. Housing must be a part of a mixed use project.
2. See § 3.8.18 for limitations on Retail, Formula.
3. See § 3.8.02 (D).
3.5.03 Industrial Zone General Development Standards
The following property development standards shall apply to all land and
permitted or conditionally permitted buildings located within an industrial
zone. Table 3.5.03 lists the site development standards required for
industrial development properties. Chapter 10 provides special provisions for
Planned Developments.
Page 5-2 Chapter 5, Industrial Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Table 3.5.03 Dimensional Standards for Industrial Zone Property
Dimensional Standards Size
Minimum property size 10,000 sq. ft.
Minimum street frontage 75 feet
Minimum setback from:
1. Street, frontage 20 feet or per
a CUP
2. Abutting residential 20 feet, or per
property a CUP
3. Property line not fronting a 10 feet
roadway
Maximum coverage (%) of Figure 3.5.03
structures
Maximum height 50 feet
Minimum distance between 10 feet
buildings
Maximum Building Size, Total 50,000 sq. ft.
Maximum Building Footprint 25,000 sq. ft.
Figure 3.5.03
Industrial Lot Coverage vs. Lot Size
90.0
85.0
a
0
0
80.0
75.0 t....._......._.._._...................
I0000 15000 20000 25000 30000 35000 40000 45000 50000
Lot Size,square feet
For lots larger than 50,000 square feet, the limit of coverage is 75%.
Chapter 5, Industrial Zones and Standards Page 5-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.5.04 Specific Standards for Industrial Development in any
Zone
A. Distance Between Buildings, The minimum distance between detached
buildings on the same parcel shall be fourteen (14) feet.
B. Off Street Parking. Off-street parking areas shall conform to the space
and standards requirements specified in Chapter 8, General
Development Standards.
C. Design Review is required as provided for in Chapter 16.
Page 5-4 Chapter 5, Industrial Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 6
Open Space and Public Zones and Standards
3.6.01 Purpose 6-1
3.6.02 Public Zone Use Regulations 6-1
3.6.03 Public Zone General Development Standards 6-3
3.6.04 Airport Zoning 6-5
3.6.05 Appeals 6-12
3.6.01 Purpose
The McCall Area Comprehensive Plan identifies the importance of a variety of
land uses including public uses. It is the purpose of this Chapter to
implement the Plan's vision through development regulations that allow for a
range of public lands, buildings and services designed to be compatible in
scale and character with their surrounding environment.
A. Agriculture and Forest (AF) Zone. The AF land use designation is
intended to provide a designation for agricultural areas, including forest
lands, within the City. Some of these lands may be held in public
ownership.
B. Civic Use (CV) Zone. The CV land use designation is intended to provide
for governmental offices and other civic facilities. This includes
governmental, cultural and recreational facilities. Mixed use is allowed
in combination with public uses.
C. Airport (AP) Zone. The AP land use designation is intended for use by
the McCall Municipal Airport and the surrounding related facilities and
properties. See the Airport Master Plan.
3.6.02 Public Zone Use Regulations
A. Permitted and Conditionally Permitted Uses. The uses identified in Table
3.6.02, Permitted and Conditionally Permitted Uses within Public Zones
shall be the primary uses allowed to occur on a property. All uses,
except for those provided for in Chapter 8, General Development
Standards, § 3.8.011, Outdoor Display Areas, and § 3.8.05, Temporary
Uses, shall be conducted within enclosed structures. All uses not listed
in Table 3.6.02 require review by the Commission and a Conditional Use
Permit. The primary uses identified in Table 3.6.02, shall be permitted
or conditionally permitted as indicated:
Chapter 6, Open Space and Public Zones and Standards Page 6-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
P: Where the symbol P appears, the use shall be permitted
A: Where the symbol A appears, the use may be permitted subject
to the issuance of an Administrative Permit in accordance with §
3.13.01.
C: Where the symbol C appears the use may be permitted subject
to the issuance of a Conditional Use Permit in accordance with §
3.13.03, Conditional Use Permits, of this Title.
Where no symbol, or a dash, appears the use is not permitted.
Table 3.6.02: Permitted and Conditionally Permitted Uses
within Public Zones
Allowed Use AF CV AP
Accessory structure, x1500 square feet A A A
Agricultural service establishment C — —
Agricultural structure A — —
Agricultural use P — —
Airport (public ownership) C —P
Assembly plant (light manufacturing)C
Camp P — —
Cemetery C C
Church C C
Club or lodge or social hall C C
College or university C C
Conference or convention center C C
Dwelling, caretaker for an approved A A C
use
Dwelling unit C
Dwelling, single family detached C P
Golf course and country club C C
Hospital or clinic C A
Hotel, motel, lodge C C
Kennel A — —
Large scale retail business3
Livestock facility, < 300 AU C -- —
Manufacturing facility (light) C C
Mixed use45 C
Mortuary C A
Museum C C C
Nursery, wholesale (only) P — —
Nursing facility, skilled A
Office building or use, relating to an C A C
approved development
Page 6-2 Chapter 6, Open Space and Public Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Allowed Use AF CV AP
Office, temporary construction A A A
Storage building and yard C C C
Park, public C P
Pit, mine, or quarry C — —
Portable classroom A A
Post office or mail delivery service A
Power plant C C C
Professional offices or buildings A C
Public or quasi-public use C P C
Research and development facility C C
Restaurant C C
Restaurant, formula6 C C
Retail, formula C
Roadside produce stand A A —
Sanitary landfill, restricted C A
School, public or private, incl. C C C
vocational
Soil or water remediation C — —
Stable or riding school, commercial C C —
Swimming pool, private or public A A
Temporary living quarters A A C
Tower or antenna structure, C C C
commercial
Tower or antenna structure, private A A C
Warehousing facility C
Winery C — —
Notes:
1. Housing must be a part of a mixed-use project.
2. See § 3.8.18 for limitations on Retail, Formula.
3. See § 3.8.02 D.
4. Residential uses are permitted in mixed use building when the
primary use of the ground floor is a non-residential use allowed in
the CV zone.
5. Multi-family housing must be a part of a mixed use project.
6. See § 3.8.17 for limitations on Formula Restaurants.
3,6.03 Public Zone General Development Standards
The following property development standards shall apply to all land and
permitted or conditionally permitted buildings located within their respective
zones.
Chapter 6, Open Space and Public Zones and Standards Page 6-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
A. Table 3.6.03 lists the site development standards required within the
Public Zones. Chapter 10 provides special provisions for Planned
Developments.
B. Sidewalks, curbs and gutters may be required if specified in a
Development Agreement as provided for in Title 9 of this Code.
C. Fencing shall be in accordance with permitted forms for the applicable
zone; see Chapter 8, General Development Standards, and Title 9.
Table 3.6.03: Dimensional Standards for Public Zones
Dimensional Standards AF CV AP
Minimum property size 40 acres 3,000 Sq. Ft. 10,000 Sq.
Ft.
Minimum street frontage (in feet) N/A 50 75
Minimum Setback from (in feet):
For Scenic Routes, see note 1.)
1. Arterial, collector, or section
30 5 35
line street
2. Other roadway 25 5 20
3. Property line not fronting a 50 5 10
roadway
Maximum coverage (in %) 5 80 50
Maximum height (in feet) 35 50 50
Minimum property width (in feet) 100 30 75
Notes:
1. See Chapter 7, Special Districts, § 3.7.03 Scenic Route Zone.
2. Setbacks abutting a residential zone are the same as the residential
zone setback applying to the subject property line.
3. Building heights adjacent to residential zones shall conform to the
building height step-back requirements in Chapter 8, § 3.8.14.
3.6.031 Approvals
Design review is required as provided for in Chapter 16.
Page 6-4 Chapter 6, Open Space and Public Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
3.6.04 Airport Zoning
3.6.041 Purpose
A. An obstruction has the potential for endangering the lives and property
of users of the McCall Municipal Airport and property or occupants of
land in its vicinity; an obstruction may affect existing and future
instrument approach minimums of the McCall Municipal Airport'', and an
obstruction may reduce the size of areas available for the landing,
takeoff, and maneuvering of aircraft, thus tending to destroy or impair
the utility of the McCall Municipal Airport and the public investment
therein. Accordingly, it is declared:
1. That the creation or establishment of an obstruction has the
potential of being a public nuisance and may injure the region
served by the McCall Municipal Airport;
2. That it is necessary in the interest of the public health, public safety,
and general welfare that the creation or establishment of
obstructions that are a hazard to air navigation be prevented; and
3. That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
B. The prevention of the creation or establishment of hazards to air
navigation; the elimination, removal, alteration or mitigation of hazards
to air navigation; or the marking and lighting of obstructions, are public
purposes for which a political subdivision may raise and expend public
funds and acquire land or interests in land.
3.6.042 Short Title
This Section may be known and may be cited as the McCall Airport-Zoning
Ordinance.
3.6.043 Definitions
As used in this Chapter, unless the context otherwise requires:
1. Airport - The McCall Municipal Airport.
2. Airport Elevation - The highest point of an airport's usable landing
area measured in feet from sea level, i.e., 5,021 feet.
See the McCall Municipal Airport Master Plan.
Chapter 6, Open Space and Public Zones and Standards Page 6-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3. Approach Surface - A surface longitudinally centered on the
extended runway centerline, extending outward and upward from
the end of the primary surface and at the same slope as the
approach zone height limitation slope set forth in § 3.6.045 of this
Chapter. In plan the perimeter of the approach surface coincides
with the perimeter of the approach zone.
4. Approach, Transitional, Horizontal, and Conical Zones - These
zones are set forth in § 3.6.044 of this Chapter.
5. Conical Surface - A surface extending outward and upward from
the periphery of the horizontal surface at a slope of 20 to 1 for a
horizontal distance of 4,000 feet.
6. Hazard to Air Navigation - An obstruction determined to have a
substantial adverse effect on the safe and efficient utilization of the
navigable airspace.
7. Height - For the purpose of determining the height limits in all
zones set forth in this Chapter and shown on the zoning map, the
datum shall be mean sea level elevation unless otherwise specified.
8. Heliport Primary Surface - The areas of the primary surface
coincides in size and shape with the designated takeoff and landing
area of a heliport. This surface is a horizontal plane at the elevation
of the established heliport elevation.
9. Horizontal Surface - A horizontal plane 150 feet above the
established airport elevation, the perimeter of which in plan
coincides with the perimeter of the horizontal zone.
10. Non-conforming Use - Any pre-existing structure, object of
natural growth, or use of land which is inconsistent with the
provisions of this Chapter or an amendment thereto.
11. Non-precision Instrument Runway - A runway having an
existing instrument approach procedure utilizing air navigation
facilities with only horizontal guidance, or area type navigation
equipment, for which a straight-in non-precision instrument
approach procedure has been approved or planned.
12. Obstruction - Any structure, growth, or other object, including a
mobile object, which exceeds a limiting height set forth in § 3.6.045
of this Chapter.
13. Person - An individual, firm, partnership, corporation, company,
association, joint stock association, or governmental entity; includes
a trustee, a receiver, an assignee, or a similar representative of any
of them.
14. Primary Surface - A surface longitudinally centered on a runway.
When the runway has a specifically prepared hard surface, the
primary surface extends 200 feet beyond each end of that runway;
for military runways or when the runway has no specially prepared
hard surface, or planned had surface, the primary surface is set
forth in § 3.6.044 of this Chapter. The elevation of any point on the
Page 6-6 Chapter 6, Open Space and Public Zones and Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
primary surface is the same as the elevation of the nearest point on
the runway centerline.
15. Runway - A defined area on an airport prepared for landing and
take-off of aircraft along its length.
16. Structure - An object, including a mobile object, constructed or
installed by man, including but without limitation, buildings, towers,
cranes, smokestacks, earth formation, and overhead transmission
lines.
17. Transitional Surfaces - These surfaces extend outward at ninety
90) degree angles to the runway centerline and the runway
centerline extended at a slope of seven (7) feet horizontally for each
foot vertically from the sides of the primary and approach surfaces
to where they intersect the horizontal and conical surfaces.
Transitional surfaces for those portions of the precision approach
surfaces, which project through and beyond the limits of the conical
surface, extend a distance of 5,000 feet measured horizontally from
the edge of the approach surface and at ninety (90) degree angles
to the extended runway centerline.
18. Tree - Any object of natural growth.
19. Utility Runway - A runway that is constructed for and intended to
be used by propeller driven aircraft of 12,500 pounds maximum
gross weight and less,
20. Visual Runway - A runway intended solely for the operation of
aircraft using visual approach procedures.
3.6.044 Airport Zones
In order to carry out the provisions of this Chapter, there are hereby created
and established certain zones which include all of the land lying beneath the
approach surfaces, transitional surfaces, horizontal surfaces, and conical
surfaces as they apply to the McCall Municipal Airport. Such zones are
shown on the Airport Approach and Clear Plan consisting of one sheet,
prepared by Toothman-Orton Engineering Company, and dated January 17,
1989. An area located in more than one of the following zones is considered
to be only in the zone with the more restrictive height limitation. The various
zones are hereby established and defined as follows:
1. Utility Runway Visual Approach Zone - The inner edge of this
approach zone coincides with the width of the primary surface and
is 500 feet wide. The approach expands outward uniformly to a
width of 1,250 feet at a horizontal distance of 5,000 feet from the
primary surface. Its centerline is the continuation of the centerline
of the runway.
Chapter 6, Open Space and Public Zones and Standards Page 6-7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
2. Utility Runway Non-precision Instrument Approach Zone -
The inner edge of this approach zone coincides with the width of the
primary surface and is 500 feet wide. The approach zone expands
outward uniformly to a width of 2,000 feet at a horizontal distance
of 5,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
3. Horizontal Zone - The horizontal zone is established by swinging
arcs of 5,000 feet radii from the center of each end of the primary
surface of each runway and connecting the adjacent arcs by drawing
lines tangent to those arcs. The horizontal zone does not include
the approach and transitional zones.
4. Conical Zone - The conical zone is established as the area that
commences at the periphery of the horizontal zone and extends
outward there from a horizontal distance of 4,000 feet.
3.6.045 Airport Zone Height Limitations
Except as otherwise provided in this Chapter, no structure shall be erected,
altered, or maintained, and no tree shall be allowed to grow in any zone
created by this Chapter to a height in excess of the applicable height limit
herein established for such zone. Such applicable height limitations are
hereby established for each of the zones in question as follows:
A. Utility Runway Visual Approach Zone - Slopes twenty (20) feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway centerline.
B. Utility Runway Non-precision Instrument Approach Zone - Slopes
twenty (20) feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to a
horizontal distance of 5,000 feet along the extended runway centerline.
C. Transitional Zones - Slope seven (7) feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface, and extending to a height of 150 feet
above the airport elevation which is 5,021 feet above mean sea level. In
addition to the foregoing, there are established height limits sloping
seven feet outward for each foot upward beginning at the sides of and at
the same elevation as the approach surface, and extending to where
they intersect the conical surface. Where the precision instrument
runway approach zone projects beyond the conical zone, there are
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established height limits sloping seven (7) feet outward for each foot
upward beginning at the sides of and at the same elevation as the
approach surface, and extending a horizontal distance of 10,000 feet
measured at 90 degree angles to the extended runway centerline.
D. Horizontal Zone - Established at 150 feet above the airport elevation or
at a height of 5,171 feet above mean sea level.
E. Conical Zone - Slopes twene20 feet outward for each foot upward
beginning at the periphery of the horizontal zone and at 150 feet above
the airport elevation and extending to a height of 350 feet above the
airport elevation.
3.6.046 Use Restrictions
Notwithstanding any other provision of this Chapter, no use may be made of
land or water within any zone established by this Chapter in such a manner
as to create electrical interference with navigational signals or radio
communication between the airport and aircraft, make it difficult for pilots to
distinguish between airport lights and other objects, result in glare in the
eyes of pilots using the airport, impair visibility in the vicinity of the airport,
create bird strike hazards, or otherwise in any way endanger or interfere with
the landing, takeoff, or maneuvering of aircraft intending to use the airport.
3.6.047 Airport Non-Conforming Uses
A. Regulations Not Retroactive - The regulations prescribed by this Chapter
shall not be construed to require the removal, lowering, or other change
or alteration of any structure or tree not conforming to the regulations
as of the effective date of the applicable regulations, or otherwise
interfere with the continuance of non-conforming use. Nothing
contained herein shall require any change in the construction, alteration,
or intended use of any structure, the construction or alteration of which
was begun prior to (date of adoption).
B. Marking and Lighting - Notwithstanding the preceding provision of this
Section, the owner of any existing non-conforming structure or tree is
hereby required to permit the installation, operation, and maintenance
thereon of such markers and lights as shall be deemed necessary by the
Airport Manager to indicate to the operators of aircraft in the vicinity of
the airport the presence of such airport obstruction. Markers and lights
shall be installed, operated and maintained at the expense of the City.
Chapter 6, Open Space and Public Zones and Standards Page 6-9
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Title 3, Planning and Zoning, City of McCall
3.6.048 Permits
A. Future Uses - Except as specifically provided in 1, 2, and 3 below, no
material change shall be made in the use of land, no structure shall be
erected or otherwise established, and no tree shall be planted in any
zone hereby created unless a permit therefore shall have been applied
for and granted. Each application for a permit shall indicate the purpose
for which the permit is desired, with sufficient particularity to permit it to
be determined whether the resulting use, structure, or tree would
conform to the regulations herein prescribed. If such determination is in
the affirmative, the permit shall be granted. No permit for a use
inconsistent with the provisions of this Chapter shall be granted unless a
variance has been approved in accordance with paragraph D below.
1. In the area lying within the limits of the horizontal zone and conical
zone, no permit shall be required for any tree or structure less than
75 feet of vertical height above the ground, except when, because
of terrain, land contour, or topographic features, such tree or
structure would extend above the height limits prescribed for such
zones.
2. In areas lying within the limits of the approach zones, but at a
horizontal distance of not less than 4,200 feet from each end of the
runway, no permit shall be required for any tree or structure less
than 75 feet of vertical height above the ground, except when such
tree or structure would extend above the height limit prescribed for
such approach zones.
3. In the areas lying within the limits of the transition zones beyond
the perimeter of the horizontal zone, no permit shall be required for
any tree or structure less than 75 feet of vertical height above the
ground, except when such tree or structure, because of terrain, land
contour, or topographic features, would extend above the height
limit prescribed for such transition zones. Nothing contained in any
of the forgoing exceptions shall be construed as permitting or
intending to permit any construction, or alteration of any structure,
or growth of any tree in excess of any of the height limits
established by this Chapter except as set forth in § 3.6.045.
B. Existing Uses - No permit shall be granted that would allow the
establishment or creation of an obstruction or permit a non-conforming
use, structure, or tree to become a greater hazard to air navigation than
it was on the effective date of the applicable regulations or than it is
when the application for a permit is made. Except as indicated and
except for abandoned or destroyed existing uses, as hereafter defined,
all applications for such a permit shall be granted.
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C. Non-Conforming Uses Abandoned or Destroyed - Whenever the Airport
Manager determines that a non-conforming tree or structure has been
abandoned or more than 80% destroyed, physically deteriorated, or
dead or decayed, no permit shall be granted that would allow such
structure or tree to exceed the applicable height limit or otherwise
deviate from the zoning regulations.
D. Variances - Any person desiring to erect or increase the height of any
structure, or permit the growth of any tree, or use property, not in
accordance with the regulations prescribed in this Chapter, may apply to
the Commission for a variance from such regulations. The application
for variance shall be accompanied by a determination from the Federal
Aviation Administration as to the effect of the proposal on the operation
of air navigation facilities and the safe, efficient use of navigable
airspace. Such variances shall be allowed where it is duly found that a
literal application or enforcement of the regulations will result in
unnecessary hardship and relief granted, will not be contrary to the
public interest, will not create a hazard to air navigation, will do
substantial justice, and will be in accordance with the spirit of this
Chapter. Additionally, no application for variance to the requirements of
this Chapter may be considered by the Planning Commission unless a
copy of the application has been furnished to the Airport Manager, the
Airport Advisory Committee and the Airport Engineers for advice as to
the aeronautical effects of the variance. If those so named do not
respond to the application within 30 days after receipt, the McCall City
Council may act on its own to grant or deny said application. Such
action shall be in full conformance with the City's other zoning
regulations and procedures for variances outlined in Chapter 13 of this
Title.
E. Obstruction Marking and Lighting - Any permit or variance granted may,
if such action is deemed advisable to effectuate the purpose of this
Chapter and be reasonable in the circumstances, be so conditioned as to
require the owner of the structure or tree in question to install, operate,
and maintain, at the owner's expense, such markings and lights as may
be necessary. If deemed proper by the Commission, this condition may
be modified to require the owner to permit the City at its own expense,
to install, operate, and maintain the necessary marking and lights.
3,6,049 Enforcement
It shall be the duty of the Airport Manager to administer and enforce the
regulations prescribed herein. Applications for permits and variances shall be
made to the City Clerk. Applications required by this Chapter to be
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submitted to the Commission shall be considered in accordance to the
provisions of this Code. Application for action by the Commission shall be
filed with the City Clerk.
3.6.05 Appeals
The McCall City Council shall, for the purposes of this section, act upon
appeals of decisions of the Commission as otherwise outlined in Chapter 15
of this Title, Procedures, Appeals, and Actions,
3.6.051 Conflicting Regulations
Where there exists a conflict between any of the regulations or limitations
prescribed in this Chapter and any other regulations applicable to the same
area, whether the conflict is with respect to the height of structure or trees,
and the use of land, or any other matter, the more stringent limitation or
requirement shall govern and prevail.
3.6.052 Appeals
Any person aggrieved, or any taxpayer affected, by any decision of the
Airport Manager made in the administration of this Chapter, may appeal to
the Council pursuant to Chapter 15 of this Title.
3.6.053 Judicial Review
Any person aggrieved by any decision of the Council pursuant to this Chapter
may seek judicial review under the procedures provided by Idaho Code.
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Title 3, Planning and Zoning, City of McCall
Chapter 7
Special Districts
3.7.01 Navigable Water Zone 7-1
3.7.02 Shoreline and River Environs Zone 7-3
3.7.03 Scenic Route Zone 7-8
3.7.04 Payette Lakes Water and Sewer District Zones Overlay 7-12
3.7.01 Navigable Water Zone
3.7.010 General
A. The Navigable Water Zone is intended to provide for the appropriate usage of,
and for the adequate protection of, the surface water resource within the City
Limits and the Area of City impact, The landward boundary of the Navigable
Water Zone is the water pool shore contour of Payette Lake, the high water
mark of the North Fork of the Payette River, and the water pool shore contour
of such other navigable lakes and the high water mark of such other navigable
streams as are or may become within the Planning Jurisdiction. The Navigable
Water Zone includes the entire water body between or encircled by the
landward boundaries. "Navigable", for purposes of this Chapter, has the same
meaning as "navigable" for purposes of title under the Submerged Lands Act
and the equal footing doctrine, whether or not there were any federal reserved
rights as might have prevented vesting of title in the State as to some
particular navigable waters.
B. The use of navigable waters, in addition to recreation and other public uses
should recognize the littoral and riparian rights of the upland property owners
adjacent to the lake and river.
C. Compliance with all applicable County, State and Federal laws is required.
D. Project review under the procedures for a Conditional Use Permit is required for
all proposed future uses.
3.7.011 Permitted Uses
In addition to public uses of the public waters, all uses that are normal accessory
uses to the principle use on the adjacent upland property and within the littoral or
riparian rights of the owners of that property are permitted uses, including the
following:
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Title 3, Planning and Zoning, City of McCall
A. Accessory uses related to boating, swimming and other water-related
activities.
B. Public and Private docks.
3.7.012 Conditional Uses
The following uses may be permitted in accordance with the procedures and
standards set out in Chapter 13, Permits and Applications.
A. Commercial docks, wharves, piers and marinas.
B. Boat ramps.
C. Outdoor recreation facilities.
D. Fish pens (as an accessory, non-commercial use).
3.7.013 Prohibited Uses
The following uses are prohibited in the Navigable Water Zone:
A. Buildings, structures, and uses not expressly permitted in § 3.7.011 or §
3.7.012.
B. Any use which causes or may reasonably be expected to cause excessive noise,
vibration, smoke, heat or glare, noxious fumes, toxic or hazardous waste, or
visible refuse, at or beyond the extension of the side lot lines of the associated
upland lot or parcel over the water and at right angles to the shoreline.
Excessive" is defined for these purposes as a degree exceeding that generated
by uses permitted in the zone in their customary manner of operation, or to a
degree injurious to the public health, safety, welfare or convenience;
C. Disposal or storage of junk, including without limitation inoperable or
unlicensed motor vehicles, water craft, used appliances, building and
construction debris, auto parts, fuels and other contaminating liquids.
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Title 3, Planning and Zoning, City of McCall
3.7.02 Shoreline and River Environs Zone
3.7.020 Purpose
Payette Lake and the North Fork of the Payette River are critical economic
resources of the Planning Jurisdiction, because they are the distinguishing feature
of this area making it a destination resort for tourists and summer residents. It is
therefore the purpose of this Section to regulate development along and alterations
of the shoreline of Payette Lake and the banks and immediate vicinity of the
Payette River in order to protect and maintain water quality, fish and wildlife
habitat, edge and forest habitat, vistas, and public visual and physical access.
3.7.021 Lands Included
The lands between the water pool shore contour of the named Lakes and the high
water mark of the other named water bodies below, and a line parallel to and 150
feet away from the water pool shore contour or high water mark, except on lots
fronting East Lake Street in McCall, where it shall be to Mill Road, but no more than
300 hundred feet:
A. Payette Lake
B. North Fork of the Payette River
C. Little Payette Lake and Tributaries
D. Lake Fork Creek below Little Payette Lake
The above environs together with so much of the land below such line or high water
mark as is affected by a use addressed in this Chapter, If any portion of a structure
lies within this zone, then the total structure shall be deemed to be within this zone.
Docks, land fills, retaining walls, and other uses addressed in this Chapter shall be
deemed within and regulated by this Zone without regard to whether all or any part
thereof also falls within the Navigable Water Zone as defined by the McCall City
Code.
3.7.022 Permitted Uses
All those uses permitted in the underlying zones upon which this zone is
superimposed shall be permitted provided they satisfy the special conditions set
forth in this Chapter, except that:
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Title 3, Planning and Zoning, City of McCall
A. Open storage of anything but firewood or water-oriented recreational
equipment (no automobiles or off-highway vehicles) on the lake front side of
the residence shall not be permitted.
B. No building and no land filling shall be permitted within a Floodway and no
building within an Area of Special Flood Hazard as such terms are defined in
Title 9, Chapter 8, Flood Control Regulations, unless the applicant complies
with the standards set forth in that chapter,
C. Any structure, wholly or partially within this Zone, which may be visible from
the water bodies, and any part of which is within the 150 foot land strip as
specified in paragraph § 3.7,021 above, is subject to Design Review and
approval under Chapter 16, Design Review, of this Title, notwithstanding that
portions of the structure are not on land that is within this Zone.
3.7.023 Requirements for Development
A. Design Review is required for all development, including all single family
residences and accessory buildings, as provided for in Chapter 16.
B. No conditional use or building permit shall be issued, nor is any development,
grading, or alteration of any land within this Zone permitted, unless the
applicant establishes to the satisfaction of the Commission and Council in the
case of a conditional use, or of the Administrator in the case of a building
permit, that:
1. The proposed development meets all applicable requirements of this Title
and Title 9.
2. The plans accurately identify the water pool shore contours and high water
marks, which in the case of river environs shall mean the limits of the Area
of Special Flood Hazard.
3. A letter is on file from a specialist certified by the United States Army
Corps of Engineers wetlands expert that certifies that no wetlands-related
issues or issues related to fill of navigable waters issues were presented by
the proposed development; or that a Section 404 permit has been issued
or is forthcoming by the Corps of Engineers, whichever is appropriate, City
approval(s) under this Title and Title 9 are contingent upon all applicable
Section 404 permit requirements being met; if a permit requirement is not
met, the City may revoke its approval(s) under Title 3 and Title 9.
4. The requirements of the underlying zone are met.
5. The fifty (50) foot building setback line is met, per § 3.7.023.B.3.
C. Development:
1. No construction, alteration or activity shall cause harm to:
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Title 3, Planning and Zoning, City of McCall
a. water quality,
b. fish and aquatic habitats,
c. wetlands,
d. significant wildlife habitat harboring any threatened or endangered
species,
e. views of, from, or across a Lake or River.
f. to this end, all applications for building permits within this overlay
zone, no matter what the permit may be for, shall be accompanied by
a plan for the installation of appropriate natural, storm, and melt
water drainage and treatment facilities. Such plans for natural, storm
and melt water drainage of the property and on and through the
property, shall be consistent with best management practices under
State and Federal storm and melt water regulatory programs to which
the City is subject and consistent with other City programs in these
regards to the satisfaction of the City.
2. `Harm" for these purposes means:
a. the creation of conditions which foster run-off of, or other source of
fertilizers, toxic substances, or other pollutants or contaminants, into
the water;
b. the excessive clearing of natural vegetation or change of natural
landforms within the area between the water pool shore contour or
high water mark and the 50-foot building set-back line;
c. the removal, burial, or destruction in whole or part of boulders, sandy
beaches, rocky shores, or other features of the water pool shore
contour or high water mark, the land below the same, or the
immediate upland edge;
d. the filling or dredging of lake bottom or wetlands;
e. the erection of visual barriers between the Lake or river and the roads
on the uplands, beyond the extent reasonably necessary for an
owner's usage of the land for a permitted use; or
f. the creation of any other condition which would be inconsistent with
best management practices under, or threaten a violation of, State
and Federal storm and meltwater regulatory programs to which the
City is subject, or fail otherwise to be consistent with other City
programs in these regards, all as established to the satisfaction of the
City.
3. Improvements.
a. the owner shall apply for approval under the provisions of Chapter 10,
Planned Unit Development, if the owner wishes to construct, in whole
or part on the land within the Zone, any improvements other than:
1) a single family residence, and/or
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2) accessory structures commonly associated with dwellings, such
as garages or tool sheds; however,
3) the application for a building permit for such a dwelling or
accessory structure must be accompanied by a site plan
demonstrating that no harm, as defined above, is threatened by
the construction; and construction in accord with that site plan
shall be a condition of the permit issuance.
b. the application shall be evaluated against the standards set out
paragraphs 1 and 2 of this Section, except that improvements
discussed below in paragraphs 4 and following paragraphs of this
Section shall be evaluated against the standards in those paragraphs.
c. all structures other than those addressed by paragraphs 4 and
following paragraphs of this Section regardless of underlying zone
shall be set back fifty (50) feet from the lake water pool shore contour
and fifty feet from the stream high water mark. Fencing shall not
extend below such lake water pool shore contour or stream high
water mark, and access along the beach below such lake water pool
shore contour or stream high water mark shall be unobstructed,
except as otherwise provided in the approval of an applicable
Conditional Use or Variance. Public walkways to the waterfront, and
private walkways not exceeding eight (8) feet in width of like purpose
from the area of upland structures, are permitted. Setbacks shall be
measured along a line perpendicular to a line tangent to the nearest
point so determined on the lake water pool shore contour or stream
high water mark, without regard to the spatial relationship between
that nearest point and any boundary lines of the lot in question.
d. additionally, development in Commercial Zones, including buildings,
parking areas, and sidewalks, shall not cover more than 80% of the
total area of the lot or parcel; except in the Central Business District
Zone where the total lot coverage may be up to 95%, with not less
than the remaining 5% maintained in landscaping.
e. maximum height of any structure is thirty-five (35) feet.
4. Private and public docks and piers shall:
a. require a building permit from the City in addition to the permits
required by the State Department of Lands, or other authorities
having jurisdiction.
b. be used to provide access to boats.
c. be floating or held on pilings.
d. be built with chemically inert materials; and foam materials shall be
fully enclosed.
e. not be constructed in whole or part by or in association with
excavation or dredging, unless a Conditional Use Permit has first been
issued.
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Title 3, Planning and Zoning, City of McCall
5. Commercial marinas are a conditional use and shall meet all requirements
in § 3.7.023.A and in addition shall:
a. provide an Environmental Assessment which addresses the issues
identified by the Commission and/or City staff during the required
pre-application consultation.
b. have restrooms, pump-out facilities for boat sewage receptacles, and
trash receptacles for other boat wastes, on or near and accessible
from such facilities.
c. meet all other building code and environmental requirements.
6. Commercial docks and piers are a conditional use and shall meet
requirements in § 3.7.023.A and shall meet all other building code and
environmental requirements.
7. Retaining walls and similar construction to arrest erosion shall be
permitted and shall:
a. be at or above the higher of:
1) the ordinary high water mark for purposes of title to land, as
determined by the Idaho Department of Lands, or
2) the lake water pool shore contour; and not involve fill above
original, natural grade and contour at the location, unless a
different location, and/or different fill, is approved by the
Commission as a conditional use, and is also declared by it to be
beneficial to the public and the environmental qualities of the
shoreline; and unless that different location is also permitted by
other governmental authorities having jurisdiction, provided,
however, that fill may be added directly behind a retaining wall to
an extent not greater than eighteen (18) inches above original,
natural grade at the wall, and blended back into the natural
slope. "Original", for purposes of this subsection, means existing
historically within the prior two years.
b. be constructed of reinforced native rock and/or concrete.
c. not be painted.
d. be set at such a depth to prevent movement of backfill materials into
the water, and at such a depth set and reinforced to the extent to
prevent frost heaving and other natural structural deterioration.
8. Breakwater and similar construction shall:
a, conform to the structural standards required by the U. S. Corps of
Engineers, and must be approved in writing by the Idaho Department
of Lands and by the Planning Commission as a conditional use.
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b. be floating, and shall not extend more than one (1) foot above the
surface of the lake; and shall be lit or marked as required by the State
of Idaho.
3.7.03 Scenic Route Zone
3.7.030 Purposes
To preserve, maintain and improve visual access from public collector and arterial
streets and to improve the visual quality of existing streets and adjacent uses, and
control the visual quality of future development. To preserve and maintain the
scenic quality of Warren Wagon Road, East Side Drive, East Side Road, State
Highway 55, and other routes as defined below.
3.7.031 Lands Included
The Scenic Route Zone includes:
A. One hundred fifty (150) foot wide strips of land bounded by the right-of-way
lines of the following named streets, and by lines parallel to and one hundred
fifty feet away from such right-of-way lines, together with any right-of-way
not part of the roadway:
1. State Highway 55, from the southern boundary to the northern boundary
of the Impact Area (Third Street and Lake Street).
2. East Side Road and East Side Drive from Lick Creek Road to Warren
Wagon Road.
3. Warren Wagon Road to the northern boundary of the Area of City Impact.
4. Lick Creek Road from the intersection of Spring Mountain Boulevard. east
to the eastern boundary of the Impact Area.
5. Spring Mountain Boulevard. from Deinhard Lane to Lick Creek Road.
6. Deinhard Lane from 3rd Street (Highway 55) to Spring Mountain
Boulevard. and from 3rd Street (Highway 55) to Boydstun Street.
7. Boydstun Street from Deinhard Lane to West Lake Street (Highway 55).
8. Mission Street and Norwood Road to boundary of the Area of City Impact.
9. West Valley Road, Wisdom Road, and West Mountain Road extended to the
western or southern boundary of the Area of City Impact.
10. Samson Trail from Deinhard Lane to the southern boundary of the Impact
Area.
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B. Any structure or a portion thereof which may be visible when traveling along
the roadways above and any part of which is located on a lot any portion of
which is within 150 feet of the nearest right-of-way line of a road named in
this Section or designated pursuant to this Section; such a structure is subject
to Design Review and approval under Chapter 16, Design Review, of this Title,
notwithstanding that portions of the structure are not on land that is within this
Zone.
3.7.032 Requirements for Development
Prior to the issuance of a building permit, and prior to any clearing, grubbing,
excavation, or other construction (including removal of any existing structures or
improvements), the owner shall apply to the Commission for approval of a site
plan. Procedures for the processing of the application shall be governed by the
procedural rules set out in subsection H below. A building permit shall neither be
issued, nor any such work or construction undertaken, until approval of the site
plan and design approval of proposed structures in accordance with Chapter 16.
A. The Applicant shall furnish graphic or pictorial material sufficient to indicate the
nature of any proposed development or improvement to include signing and
landscaping, and an indication of obscured views, if any.
B. The Commission shall ascertain whether the proposed development,
improvement or use will:
1. Block or disrupt the visibility of significant views or features.
2. Be compatible (in terms of setback, bulk, height, design, finish materials,
signing and landscaping) with its immediate surroundings and the desired
visual quality of the scenic route.
C. The maximum height for any structure is thirty-five (35) feet.
D. Setbacks: All structures in subdivisions platted after (date of adoption) are to
be setback from the property line not less than seventy-five (75) feet, except
that where the lot is within any residential zone or commercial zone, the
setbacks provided for such Zone shall govern instead. The setback
requirements for parcels along South Third Street (Highway 55) from Deinhard
Lane to the south boundary of the Impact Area are as follows:
1. Adjacent to, or within, three hundred (300) feet of a street intersection,
the setback will be ten (10) feet.
2. Otherwise, the setback will be thirty-five (35) feet.
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Title 3, Planning and Zoning, City of McCall
E. Timber harvesting. The existing forest in the McCall Area is considered a public
resource, important to the character of the Planning Jurisdiction and its tourist
economy. Prior to the issuance of a relevant building permit, the harvesting of
timber shall be limited to dead, dying or damaged timber. Slash shall not be
accumulated or piled within view of the roadway. Following issuance of a
relevant building permit, tree removal is additionally permitted within the area
of the building footprint, other structures, driveways, and other improvements,
and in accord with § 3.8.04 Fire Hazard Mitigation Standards. Development of
the lot should endeavor to preserve standing, healthy trees outside the area
occupied by improvements, lawn not being considered an improvement for
these purposes. Landscaping shall replace trees harvested or removed.
F. Access roads.
1. Access roads in subdivisions and re-subdivisions platted after (date of
adoption) will be kept to a minimum. Every subdivision platted after (date
of adoption) shall provide an interior roadway providing access to each lot,
which interior roadway shall connect to the Scenic Route at a single point
of access, as is the case with Lucks Point Subdivision, for example, except
as the Fire Chief may require an additional access. The intersections of
any two access roads with the Scenic Route in the Impact Area and any
portion of the Planning Jurisdiction that was in the Impact Area on (date of
adoption), shall be no closer than one thousand feet to each other. Where
the entire frontage of a parcel on the Scenic Route on (date of adoption),
is less than one thousand feet from the intersection of its side boundaries
with the right of way, and if an agreement with adjacent property owners
for a common property line point of access is not reached after bona fide
effort, that shorter distance between intersections is permitted which is
consistent with a minimization of points of access. Direct driveway access
shall be discouraged to the Scenic Route in the Impact Area.
2. Inside the City Limits within existing subdivisions where individual lots
with Scenic Route right-of-way as a lot boundary cannot obtain access to
the public road from a road interior to the subdivision, direct access onto
the Scenic Route may be allowed, provided that the driveway distances in
the applicable zone shall apply. In such cases, common driveways on
common lot lines, thus two driveway accesses per four (4) lots, may be
required.
G. Bike paths. Some or all of the routes listed in § 3.7.031 are designated by the
Parks and Recreation Master Plan (see the McCall Bike Path Master Plan, 2005)
to have a bike path, walkway or other recreational routing along side, or as a
part of the scenic route. Where such designation exists, the Commission shall
assist in the effectuation of the Master Plan by the exaction of recreational
easements or dedication of additional right-of-way or other techniques to
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Title 3, Planning and Zoning, City of McCall
ensure a continuous route for such uses. In all cases the City must show that
such exaction is roughly proportional to the impacts of the development and
that the conditions for implementing portions of the bike paths are to be based
upon an individualized determination for each development that the conditions
are related to both the nature and extent of such impacts.
H. Procedures
1. If the construction or exterior remodeling (including painting, roofing,
siding, etc.) relates to a commercial, industrial, or mixed used building, or
the enlargement of an existing such building; or to a new residential
building of 3,500 square feet, or more, of living space; or covering more
than the maximum lot coverage permitted in the applicable zone on which
it is located (see Chapter 3, Residential Zones and Standards); or to an
enlargement of an existing residential building which is (or as a result of
the enlargement will be) larger than 3,500 square feet; the procedure
followed shall be identical to that for a Conditional Use.
2. If the construction relates to a sign, and in other cases not specifically
addressed in § H.1., the procedure shall be to submit the matter to the
Commission for review without public hearing or notice other than agenda
notice.
3. If the construction relates to the modification of an existing, previously
approved sign, the procedure shall be to submit it to the Administrator for
review. Approval is required in any event in accordance with the
provisions of Chapter 16, Design Review.
4. Exceptions in the opinion of the Administrator. Scenic Route Approval will
not be required for the following building or site modifications (although a
building permit may be required):
a. interior remodeling of a structure which does not impact the exterior
appearance of the structure or significantly impact the parking,
landscaping or other exterior uses of the property.
b. repairs to an existing building if the outward appearance is not
significantly changed.
c. improvements to or maintenance to an existing building or site where
these do not significantly impact the outward appearance of the
building or site.
5. No approval by Council is required unless there is an appeal to Council
from the decision of the Commission.
Chapter 7, Special Districts Page 7-11
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.7.04 Payette Lakes Water and Sewer District Zones Overlay
3.7.040 Purpose
The purpose of the Payette Lakes Recreational Water and Sewer District Overlay is
to conform the use and development of lands so designated to the grant conditions
imposed by the U. S. Environmental Protection Agency in conjunction with the
funding provided by such Agency to the Payette Lakes Recreational Water and
Sewer District for the construction of the District's Facilities including the expansion
and rehabilitation of certain facilities owned by the City:
The relevant grant condition is that currently identified as Special Condition 7,
dated June 7, 1977, replacing the original Special Condition 7 set forth in paragraph
III b., page 5, of the Grant Agreement dated September 3, 1976. This grant
condition, in the relevant part, relates to the population predictions and other
planning assumptions implicit in the overall facilities plan jointly adopted by the City
and the District, which factors are reflected in the District's Design Density Map. By
resolution adopted March 3, 1980, the City agreed to conform to such densities in
the event any District lands were annexed into the City.
This Chapter implements such Agreement, and further provides for zoning
enforcement of the District's requirements within the Impact Area.
3.7.041 Date of Designation of Overlay
Land which was within the boundaries of the Payette Lakes Water and Sewer
District as of June 7, 1977, and which is also within the boundaries of the City, is
designated to be within the Payette Lakes Water and Sewer District (Overlay) Zone.
3.7.042 Permitted Hook-Up Densities
The lands within the Payette Lakes Water and Sewer District (Overlay) Zone shall
be restricted to a finite number of sewer hook-ups. The specific number applicable
to a given parcel of land within the overlay shall conform to Payette Lakes Water
and Sewer District densities. Any applicant seeking the issuance of a building
permit within this Overlay Zone shall investigate the need for and seek the approval
of the Payette Lakes Water and Sewer District with respect to any sewer hook-ups
involved in the proposed work or use. Further, as provided by Title 2 of the McCall
City Code, no building permit shall be issued unless such a sewer service
connection permit has been issued simultaneously.
Page 7-12 Chapter 7, Special Districts
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
3.7.043 Exemptions
In the event the land in question is not actually serviced by the Payette Lakes
Water and Sewer District in that no sewer lines are physically or legally accessible
within the 300 foot service criteria, even though the Sewer District's design density
map standards qualify such land for some number of hook-ups, the Applicant, upon
demonstrating such inaccessibility, may seek the necessary hook-up approvals
through the City rather than the District.
Chapter 7, Special Districts Page 7. 13
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
This page left blank,
Page 7-14 Chapter 7, Special Districts
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 8
General Development Standards
3.8.01 General Requirements 8-1
3.8.02 Prohibited Uses 8-3
3.8.03 Timber Harvest 8-4
3.8.04 Fire Hazard Mitigation Standards 8-5
3.8.05 Temporary Storage and Merchandising Facilities not to
Become Permanent 8-6
3.8.06 Parking Provisions, Driveways, and Loading Areas 8-7
3.8.07 Animals 8-17
3.8.08 Antennas 8-17
3.8.09 Provision for Trash Storage, Collection, and Disposal 8-17
3.8.10 Fencing 8-18
3.8.11 Accessory Use, Buildings, and Structures 8-18
3.8.12 Corner Vision 8-19
3.8.13 Landscaping, Screening and Buffering 8-19
3.8.14 Building Step-back Standards Adjacent to Residential
Zones 8-21
3.8.15 Snow Storage and Drainage 8-21
3.8.16 Other Requirements 8-21
3.8.17 Formula Restaurant Limitation 8-22
3.8.18 Retail, Formula Business Limitation 8-22
3.8.19 Main Entrances in R4 through R16 Zones 8-22
3.8.20 Special Standards for Garages 8-25
3.8.01 General Requirements
The requirements of this Chapter apply to all zones.
A. No development shall be permitted or authorized to be established or
maintained which is a nuisance or otherwise does not comply with all
applicable local, state and federal laws and regulations.
B. Lighting. All lighting shall be located in such a manner as to prevent
glare on a roadway and to minimize impact on surrounding properties.
See Chapter 14, Outdoor Lighting.
C. The Planning Commission may require an applicant to provide an
environmental assessment, to be submitted prior to the approval of any
planned unit development, conditional use, or variance, subdivision
and/or prior to recommending any zoning map amendment. When
requiring such an assessment the precise nature of the items to be
provided shall be listed by the Commission.
Chapter 8, General Development Standards Page 8-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
D. The Planning Commission may require an applicant to provide the
following to protect natural and cultural resources of McCall:
1. The dedication of public access ways not less than 10 feet in width
to publicly owned land or waters, and
2. The preservation of all historic and archaeological sites known or
discovered on the parcel subject to development.
E. Pit privies are prohibited, except in camps and campgrounds where
constructed with a concrete liner and periodically pumped.
F. Dry cabins, that is, dwellings without piped-in potable water and
approved sewer, are prohibited. An accessory building containing
sleeping quarters, such as a children's bunkhouse, adjacent to a
residence with piped-in potable water and approved sewer, is not a dry
cabin. If a residence to which the water service has been discontinued
for non-payment of the water bill under Title 6 of the McCall City Code
continues to be occupied more than briefly after the discontinuance of
service, it shall also be considered a dry cabin. Occupancy of a dry cabin
is a public health hazard, a public nuisance, and is prohibited; the
violation shall be considered committed by each of the adult members of
the household.
G. Camping in platted subdivisions.
1. Undeveloped lots. Camping in tents or recreational vehicles,
whether self-propelled or pulled by a vehicle, is prohibited on
undeveloped lots in platted subdivisions, except where camping
serves as temporary housing for the owners or construction workers
during construction of a building on the lot pursuant to an issued
building permit. Such use is limited to sixty calendar days. Usage
shall meet all health requirements, including potable water, sewer
services, and garbage collection service. The persons so camping
shall take all necessary steps to preserve the public peace and
safety of other residents in the subdivision who may be affected by
the camping and associated activity.
2. Developed lots. Nothing in this section shall be read to prohibit a
homeowner from allowing guests to camp on the homeowner's
property for up to ten days out of every thirty day period. Camping
in excess of such ten days out of thirty is prohibited. A utility
charge may be assessed to the homeowner equivalent to one
additional dwelling unit for each month in which the ten days limit is
exceeded. When camping occurs, these units must be connected to
the home's water, sewer and electrical systems. Each day of
camping in excess of the ten is a separate violation of this Title.
Page 8-2 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
H. Outdoor Display Areas. Some areas, such as parking lots, may be used
as temporary places on which to display merchandise, art works,
handicrafts, items for auction, etc.; in these cases, the organization
arranging the display shall obtain a permit from the Administrator.
I. Maintenance during Construction. A written construction plan shall be
prepared and submitted for approval by the City for all construction
projects within the City or the Area of City Impact. See Title 9, Chapter
6, § 9.6.08.
3.8.02 Prohibited Uses
Any use which causes or may reasonably be expected to cause traffic
congestion, excessive noise, vibration, smoke, dust, or other particulate
matter, humidity, heat or glare, noxious fumes, toxic or hazardous waste, or
visible refuse, at or beyond any lot line of the lot on which it is located.
Excessive is defined for these purposes as a degree exceeding that generated
by uses permitted in the zone in their customary manner of operation, or to
a degree injurious to the public health, safety, welfare or convenience.
A. Outdoor storage of junk, including without limitation inoperable or
unlicensed motor vehicles (including aircraft), used appliances, building
and construction debris, and auto parts, except in wrecking yards
operated under and in conformity with a Conditional Use Permit.
Operable farm machinery, and other operable vehicles intended for on-
site use and required by the State to be licensed shall not be considered
in violation of this paragraph, as long as these vehicles are not stored
outdoors, but are placed in storage buildings or shelters when the
intended operations are completed.
B. No use shall be permitted or authorized to be established or maintained
which is or may become:
1. Hazardous from fire, or cause excessive traffic generation.
2. Noxious, or cause offensive conditions due to emission or odor,
dust, smoke, cinders, gas, fumes, vibration, noise, refuse matter or
water-carried waste or toxic chemicals.
3. The cause of unhealthy conditions resulting from improper storage
of materials, or impoundment of waste water, attracting and aiding
the propagation of insects or rodents.
C. No uses in the general vicinity of the airport are permitted which may
impede, confuse, distract or otherwise encumber the safe and efficient
use of the airport landing field, approach zones or other facilities.
Chapter 8, General Development Standards Page 8-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
D. No uses shall be located in the general vicinity of the airport which may
prevent expansion, according to the Airport Master Plan, of the airport or
facilities associated with the airport.
E. Large-scale Retail Business Developments, as defined by Chapter 2 of
this Title, are prohibited.
F. Confined Animal Feeding Operations, as defined by Chapter 2 if this
Title, are prohibited.
3.8.03 Timber Harvest
A. The existing forest in the McCall area is considered a public resource,
important to the character of the Planning Jurisdiction and its tourist
economy.
B. Prior to the issuance of a relevant building permit, tree removal shall be
limited to the removal of no more than fifty percent of the stems per lot
or parcel, with the removal of dead, dying or damaged timber being
given priority. Removal of stems larger than twelve (12) inches in
diameter measured at 60 inches will require the approval of the City
Arborist. Further removal will be limited to the salvage of further dead,
dying or damaged timber. Following issuance of a relevant building
permit, tree removal is additionally permitted within the area of the
building footprint, other structures, driveways, and other improvements,
and in accord with § 3.8.04, Fire Hazard Mitigation Standards.
Development of the lot should endeavor to preserve standing, healthy
trees outside the area occupied by improvements, lawn not being
considered an improvement for these purposes. Landscaping shall take
into consideration the replacement of trees thereafter diseased or dying.
C. Slash, long butts, cull logs, and logging debris shall not be accumulated
or piled within view of a roadway. All such debris shall either be
removed to an approved location for disposal, burned (with proper
permits), or converted to mulch.
D. Except as otherwise provided in subparagraph E immediately following,
timber harvest is prohibited, unless the owner has first obtained a
Conditional Use Permit for such harvest; provided, however, timber
harvest without a Conditional Use Permit is permitted from road rights-
of-way by or under contract with the public agency having jurisdiction of
the right-of-way; or by a developer as required for road or utility
construction in connection with a subdivision having at least preliminary
Page 8-4 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
plat approval, as required for survey or engineering or to remove dead
or dying trees with the approval of the City Arborist.
E. Timber harvest from State endowment lands is permitted after review
and consultation with the City and without a Conditional Use Permit as
follows:
1. Notice of a proposed timber sale or other logging contract shall be
given to the Clerk by the Department of Lands at least 60 days
before the publication of invitation to bid upon the sale, or creation
of contract rights in a logger, whichever first occurs; thereafter the
Clerk shall forward the notice and supporting materials to the
Commission, which if it chooses to do so may hold a public hearing
on the question of the appropriate City response to the proposed
State action. The Commission may request additional information.
2. The Council, upon receiving the recommendations of the
Commission in this regard, may if it chooses to do so hold a second
public hearing on the question of the City response to the proposed
State action. The Council may request additional information.
Following such consideration by Council as it deems appropriate, a
statement of Council's concerns and recommendations may be
approved for transmittal to the Department of Lands.
3. Public notice of any such public hearing under this Subparagraph E
shall be given by publication as provided in Chapter 15, Procedures,
Appeals, and Actions.
4. The Department shall not enter into the timber sale or other logging
contract without first implementing or otherwise responding point
by point, in a writing delivered to the City Manager, to the Council's
statement of concerns and recommendations.
5. Notice of a sale which is classed as a "direct sale" under present
rules of the Department of Lands, that is, 100,000 or fewer board
feet, by negotiated sale for $10,000 or less, and respecting certain
trees the market value of which would be lost in the event of any
appreciable delay, shall be timely if furnished to the Clerk fifteen
15) or more days before the signing of a contract for such sale;
and the Clerk shall bring the matter directly to the attention of
Council at its next meeting.
3.8.04 Fire Hazard Mitigation Standards
A. Lands in zones RR, RE, R1, R4 and AF are presumptively in the area of
fire hazard.
B. In areas of fire hazard:
Chapter 8, General Development Standards Page 8-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
1. Yards must be cleared as follows: a defensible zone thirty feet wide
shall be created around all dwellings, provided that this paragraph
shall not be interpreted to authorize or require a trespass on
property of others by the owner of the yard; within that zone
grasses shall be kept at or below 6 inches in height, shrubs and
trees are thinned to a spacing of ten feet or more, conifers over
sixteen feet in height are limbed to a height of eight feet above the
ground, and dead and down wood is removed; no tree shall be
permitted to overhang a chimney.
2. In any development with common area and open space, the
association, or the owner in the absence of an association, shall
remove dead and downed woody materials less than six inches in
diameter, dead or dying standing trees, and slash from the common
area and open space at the time of development and periodically
thereafter.
3. All slash will be removed, converted to mulch, or burned within
twelve months of its creation.
4. In subdivisions where there are vacant lots, it is the responsibility of
the landowner to properly mitigate any hazard. Hazards which are
noticed by the City, County, or the Fire District to the landowner but
not properly mitigated will be removed or alleviated by the City at
the expense of the landowner.
5. Where a hazard described in subsection 4 is not mitigated by the
property owner, and a fire results, the City is not liable for damage
that results.
C. The Fire Chief shall determine if lands are within a fire hazard area and if
a fire hazard exists. In the event of a dispute whether lands should be
considered to be within the area of fire hazard, or when a fire hazard
exists, the decision of the Fire Chief shall be final.
3,8.05 Temporary Storage and Merchandising Facilities not to
Become Permanent
A. No owner shall maintain a temporary storage or merchandising facility,
as defined in this Title, upon any property in the Planning Jurisdiction for
a period of time in excess of 24 days during any 60 day period, unless
within such 24 days such facility is brought into compliance with all
standards of the relevant zone, including without limitation setbacks for
structures, and parking requirements (whether or not such facility
otherwise meets the definition of "structure"). No such facility shall be
used in lieu of usable interior working space of a commercial or
industrial land use for more than 18 months during construction of a
permanent building
Page 8-6 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
B. A temporary storage or merchandising facility shall not be installed so as
to occupy required parking.
C. "Temporary storage or merchandising facility" includes, but is not limited
to, tents, freight trailers, freight and/or shipping containers, railroad
boxcars, or other storage units, which are being used for storage of
equipment or inventory, or used for the display and sale or rental of
equipment or merchandise; but does not include personal utility or boat
trailers in a residential zone on the property of the owner of the same.
D. This section shall, as should the balance of the Title, be given a
construction in accord with its evident purposes. For purposes of
determining 24 days, for example, the interruption of the storage or
merchandising use of the facility shall not be considered an interruption
of the 24 day period unless accompanied by removal of the facility from
the property, nor shall the period be deemed interrupted by the moving
of the facility from one location on the property to another location on
the property or adjacent properties of the owner.
3.8.06 Parking Provisions, Driveways, and Loading Areas
A. No building or structure shall be erected, nor any residential use
changed to commercial or industrial use, unless maintained off-street
parking and loading spaces have been provided in accordance with the
provisions of this Chapter. Even where the new use involves no
additions or enlargements, there shall be provided as many such spaces
as may be required by this Chapter.
B. No building or structure shall be substantially altered, added to or
enlarged, or its use changed permanently unless there is provided as
many such spaces as may be required by this Title with respect to the
square footage as to which alteration, addition, enlargement, or change
of use has occurred.
C. Parking and/or storage of otherwise legal and licensed vehicles of any
kind, except upon properly surfaced and approved driveways or parking
aprons, is prohibited. Parking of such vehicles on lawns, patios, garden
area, or naturally wooded terrain is expressly forbidden at any time,
except in an emergency such as fire, flood, earthquake, etc. or to
facilitate approved construction work.
D. Location of Parking Spaces.
The following regulations shall govern the location of off-street parking
spaces and areas:
Chapter 8, General Development Standards Page 8-7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
1. Parking spaces for all detached residential uses shall be located on
the same lot as the use which they are intended to serve;
2. Parking spaces for commercial, industrial or institutional uses shall
be located not more than 300 feet from the principal use and shall
be located behind or beside the use; and
3. Parking spaces for apartments, condominiums or similar residential
uses shall be located not more than 200 feet from the principal use
on the same developed property.
4. In all zones, if a new single family residential structure is built
without a garage, space shall be provided for the lawful addition of
future covered parking.
5. No parking lot pavement edge for a commercial or industrial use
may be located closer than five (5) feet from the right-of-way of a
public street.
E. Maintenance. The owner of property used for parking and/or loading
shall maintain such area in good condition without holes and free of all
dust, trash and other debris.
F. Disabled Vehicles. The parking of a disabled vehicle within a residential
or commercial zone for a period of more than two weeks shall be
prohibited, unless such vehicle is stored in an enclosed garage or other
accessory building.
G. Parking spaces for other permitted or conditional uses not listed in this
Chapter shall be determined by the Commission.
H. Fractional numbers shall be increased to the whole number.
I. Where there is an adequate public transit system, or where, for any
other reason parking demand is unusually low, such as where uses with
differing operating hours or needs share parking under a formal, written
agreement to which the City is a party, then the parking space
provisions cited herein may be reduced proportionately by the
Commission. If the owner, who's parking facility is under such an
agreement which requires the facility to be available to the patrons of
the other use(s), fails or refuses to make such parking available in
accordance with the agreement, such failure or refusal is a violation of
this Title.
J. Where special conditions exists which make compliance with these
standards impractical, the Commission will consider alternative
proposals presented according to the procedures and standards for a
variance.
Page 8-8 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
K. Required off-street loading space is not to be included as off-street
parking space in computation of required off-street parking spaces. All
off-street loading spaces shall be located outside of any right-of-way or
a street or alley.
L. Where snow removal and storage may pose a problem to traffic
circulation or reduce the amount of adequate parking for winter
business, the developer of the property shall designate a snow storage
area and remove snow as necessary to maintain minimum traffic
circulation and parking.
M. Adjustments to required parking may be authorized by the Commission
based upon evidence of actual parking demand for the proposed use.
N. Required parking facilities for two or more uses, structures, or parcels of
land may be satisfied by the same parking facilities used jointly, to the
extent that the owners or operators show that the need for parking
facilities does not materially overlap (e.g., uses primarily of a daytime
versus nighttime nature; weekday uses versus weekend uses), and
provided that the right of joint use is evidenced by a recorded deed,
lease, contract, or similar written instrument establishing the joint use.
The City may approve owner requests for shared parking through Land
Use Review.
O. If more than one type of land use occupies a single structure or parcel of
land, the total requirements for off-street automobile parking shall be
the sum of the requirements for all uses, unless is can be shown that the
peak parking demands are actually less (i.e., the uses operate on
different days or at different times of the day). The City may reduce the
total parking required accordingly through Land Use Review,
3.8.061 Parking Area Development Standards
A. Surfacing.
1. Parking and loading spaces for commercial and industrial uses shall
have an improved surface including asphalt, concrete, paving stones
or bricks.
2. Parking and loading spaces for residential uses may use other
materials (such as gravel) that provide a stable driving surface
under all weather and moisture conditions and during ordinary use
by wheeled vehicles which prevents the raising of road dust or other
like particulate matter into the air.
Chapter 8, General Development Standards Page 8-9
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
B. Drainage. All parking and loading areas shall provide for proper
drainage of surface water so as to prevent the drainage of such water
onto adjacent properties or walkways.
C. Lighting. Any parking area which is intended to be used during non-
daylight hours shall be properly illuminated to avoid accidents. Any
lights used to illuminate a parking lot shall be so arranged as to reflect
the light away from the adjoining property. See Chapter 14, Outdoor
Lighting.
D. Access. Any parking area (except approved residential driveways) shall
be designed in such a manner that any vehicle leaving or entering the
parking area from or onto a public or private street shall be traveling in
a forward motion. Access driveways for parking areas or loading spaces
shall be located in such a way that any vehicle entering or leaving such
area shall be clearly visible by a pedestrian or motorist approaching the
access or driveway from a public or private street.
E. Screening and or Landscaping. Parking Areas shall be effectively
screened on all sides which adjoin or face any property used for
residential purposes by an acceptably designed wall, fence or planting
screen. Use of chain link fencing in or adjacent to, residential areas is
discouraged; if proposed, approval by the Administrator is required.
Such fence or wall shall be not less than four (4) feet or more than six
6) feet in height and shall be maintained in good condition. Planting
screens shall not be less than four (4) feet in height and shall be
maintained in good condition. The space between such fence, wall or
planting screen and the lot line of the adjoining premises in any
residential zone shall be landscaped with appropriate natural vegetation,
including grasses, hardy shrubs, or evergreen ground cover, and
maintained in good condition. In the event that terrain or other natural
features are such that the erection of such fence, wall or planting screen
will not serve the intended purpose, then with the prior concurrence of
the Administrator in writing no such fence, wall or planting screen and
landscaping shall be required.
Page 8-10 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
3,8.062 Off-Street Parking Requirements
A. Dimensions:
If parking is at: 45° 60°90° Parallel
Then the: Shall be:
Width of Parking' 13' 10' 9' 9'
Length of Parking Space 15' _ 18' 20' 23'
Width of Driveway Aisle 13' _ 17' 25' 12'
Notes:
1. Width is measured parallel to the sidewalk or paved street surface.
B. Relationship of standard and compact parking spaces in off street
parking facilities: Up to 35% of any parking lot may be designated for
compact car spaces. Such spaces shall be permitted only on hard
surfaced lots, where the space is marked both on the pavement and by a
sign.
C. For the purpose of this Title, the parking space requirements presented
in Table 3.8.062 shall apply; see also Title 9, Chapter 2, Subdivision
Plats and Procedures, for general parking area requirements for
Condominiums and Townhouses
Table 3.8.062
Vehicle Parking
Type of Use Parking Spaces Required
Residential
Single family or two family dwelling Two for each unit;
Apartments or multifamily dwelling One and one-half for each unit;
except see Title 9, Chapter 2 for
condominiums and townhouses)
Boarding houses, rooming houses,One for each sleeping room plus one
dormitories and permanent occupant for each permanent occupant;
Mobile home park
for
for each unit plus one space for
each five units.
Commercial
Automobile service garages which One for each four gasoline pumps
also provide repair and two for each service bay.
Hotels, motels One per each sleeping room and one
space for each two employees. In
addition, one oversize space
equivalent of two compact spaces
situated front to back) per four
Chapter 8, General Development Standards Page 8-11
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Type of Use Parking Spaces Required
rooms.
Funeral parlors, mortuaries and One for each 100 square feet of floor
similar types uses area in slumber rooms, parlors or
service rooms.
Retail stores One for each 300 square feet of floor
area.
Durable Goods Retail (furniture, One for each 700 square feet of floor
appliances) area.
Banks, financial institutions and One for each 300 square feet of floor
similar uses area.
Offices, public or professional One for each 300 square feet of floor
administration or service buildings area.
Marinas One per four boat mooring spaces
within 300 feet of the marina; one
per two boat mooring spaces, or a
sufficient size for boat trailers within
1/z mile from the marina.
All other types of business or One for each 300 square feet of floor
commercial uses permitted in any area.
zone
Recreational or Entertainment
Dining rooms, restaurants, taverns, One for each 100 square feet of floor
nightclubs, clubhouses, etc. area;
Bowling alleys Four for each alley or lane plus one
additional space for each 100 square
feet of the area use for restaurant,
cocktail lounge or similar use;
Dance floors, skating rinks One for each 100 square feet of floor
area used for the activity;
Outdoor swimming pools (public) One for each five persons capacity
plus public or community or club one
for each four seats or one for each 30
square feet of floor area used for
seating purposes whichever is
greater;
Auditoriums, sports arenas, theaters One for each four seats;
and similar uses
City parks: A. Community A. Use local street parking
B. Neighborhood B. One per 5000 square feet,
C. Large play areas including abutting on-street
D. Open space parking
C. One per 8000 square feet,
See Title 9, Chapter 3, Subdivision including abutting on-street
Design Standards parking
Page 8-12 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Type of Use Parking Spaces Required
D. None required
Institutional
Churches and other places of One for each five seats;
religious assembly
Hospitals One for each bed and one for every
office employee.
Sanitariums, homes for the aged, One for each two beds;
nursing homes, children's homes,
asylums and similar uses
Medical and dental clinics One for every 250 square feet of floor
area of examination, treatment,
office, and waiting rooms
Schools (Public or Parochial or Private)
Elementary and junior high schools Two for each classroom and one for
every eight seats in auditoriums or
assembly halls;
High Schools One for every ten students and one
for each teacher and employee;
Schools (Public or Parochial or Private)
Business, technical and trade schools One for each two students;
Colleges, universities One for each four students; and
Kindergartens, child care centers, Two for each classroom but not less
nursery schools and similar uses than six for the building.
Manufacturing (or any type of Industrial use)
All types of manufacturing, storage One for every two employees (on the
and wholesale uses permitted in any largest shift for which the building is
manufacturing zone designed) plus one for each vehicle
used on the premises.
Express, parcel delivery and freight One for every two employees (on the
terminal largest shift for which the building is
designed) and one for each motor
vehicle maintained on the premises.
3.8.063 Bicycle Parking
Uses shall provide long- and short-term bicycle parking spaces, as
designated in Table 3.8.063. Where two options are provided (e.g., 2 spaces,
or 1 per 8 bedrooms), the option resulting in more bicycle parking is used.
Chapter 8, General Development Standards Page 8-13
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Table 3.8.063
Minimum Required Bicycle Parking Spaces
Uses Long-term Spaces Short-term Spaces
covered or enclosed) (near building entry)
Multifamily 1 per 4 units 2, or 1 per 20 units
Boarding houses, 1 per 8 bedrooms None
rooming houses,
dormitories
Retail Sales and Service 2, or 1 per 12,000 sq. 2, or 1 per 5,000 sq. ft.
ft. of floor area of floor area
Hotels, Motels 2, or 1 per 20 rentable 2, or 1 per 20 rentable
rooms rooms
Office, banks, and 2, or 1 per 10,000 sq. 2, or 1 per 40,000 sq.
similar uses ft. of floor area ft. of floor area
Manufacturing and 2, or 1 per 15,000 sq. ft None
Production of floor area
Schools - Grades 2.5 1 per classroom, or per 1 per classroom, or per
CU review CU review
Schools - Grades 6-12 2 per classroom, or per 4 per school, or per CU
CU review review
Churches and Places of 2, or 1 per 4,000 sq. ft. 2, or 1 per 2,000 sq. ft.
Worship of net building area of net building area
Daycare 2, of 1 per 10,000 sq. None
ft. of net building area
Other Categories
Other Categories Determined through Conditional Use (CU) and
Design Review.
A. Location and Design. Bicycle parking should be no farther from the main
building entrance than the distance to the closest vehicle space, or 50
feet, whichever is less. Long-term (i.e., covered) bicycle parking should
be incorporated whenever possible into building design. Short-term
bicycle parking, when allowed within a public right-of-way, should be
coordinated with the design of street furniture, as applicable.
B. Visibility and Security. Bicycle parking for customers and visitors of a
use shall be visible from street sidewalks or building entrances, so that it
provides sufficient security from theft and damage;
C. Options for Storage. Long-term bicycle parking requirements for
multiple family uses and employee parking can be met by providing a
bicycle storage room, bicycle lockers, racks, or other secure storage
space inside or outside of the building;
Page 8-14 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
D. Lighting. For security, bicycle parking shall be at least as well lit as
vehicle parking.
E. Reserved Areas. Areas set aside for bicycle parking shall be clearly
marked and reserved for bicycle parking only.
F. Hazards. Bicycle parking shall not impede or create a hazard to
pedestrians. Parking areas shall be located so as to not conflict with
vision clearance standards.
3.8.064 Driveways
G. The minimum driveway width in the Commercial, Industrial, and Civic
Use Zones shall be twenty (20) feet for two-way traffic and fourteen
14) feet if there is one-way traffic. For residential driveways, refer to
Title 9, Chapter 6, Subdivision and Development Improvement
Requirements, § 9.6.03.
H. Drive-up and drive-through uses and their queuing areas shall be
oriented away from street rights-of-way and away from residential
districts. There shall be no such uses in the NC or CBD zones (except
those which already exist). All such uses otherwise require a CUP; see
Chapter 13.
3.8.065 Commercial Zone Special Development Standards
A. Drive-up Facilities Design Standards: The following standards shall apply
to all drive-up, drive through and drive-in facilities in any zone.
1. The facility shall receive access from a driveway or alley and not a
street.
2. None of the drive-up, drive-in or drive-through facilities (e.g.,
driveway queuing areas, windows, teller machines, service windows,
drop-boxes and similar facilities) are located within 20 feet of a
street and shall not be oriented to a street corner.
3. The facility shall be subordinate to a primary permitted use.
Subordinate" means all components of the facility, in total, occupy
less street frontage than the primary commercial use.
4. No more than one drive-up, drive-in or drive-through facility shall
be permitted on one block, or for a distance of 400 linear feet along
the same street frontage, whichever is less.
Chapter 8, General Development Standards Page 8-15
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.8.066 Loading Areas
Loading Spaces Requirements and Dimensions. Off-Street loading spaces for
commercial uses shall be provided in accordance with the following table:
GROSS FLOOR AREA (Sq. Ft.) QUANTITY & TYPE
14,000 - 36,000 1) B*
36,000 -- 60,000 2) B*
60,001 - 100,000 2) B + (1) A**
For each additional 75,000 square feet or fraction thereof, an additional Type A
space will be provided.
Type A spaces are 65 feet in length
Type B spaces are 35 feet in length
A. Size and Location of Loading Spaces
1. The size of an off-street loading spaces shall not be less than the
following, exclusive of access platform and loading area:
Length: Width:
1. 35 feet 12 feet
2. 65 feet 15 feet
2. Convenient access to loading spaces from streets or alleys shall be
provided, and be not less than 12 feet in width.
3. Location of required loading facilities: The off-street loading
facilities required for the uses mentioned shall not project into the
public right-of-way or setback area. In no case shall required off-
street loading berths be part of the area used to satisfy the off-
street parking requirements.
4. Design and location of entrances and exits for required off-street
loading areas shall be subject to review of the Commission and
Transportation Committee.
B. Required off-street loading space is not to be included as off-street
parking space in computation of required off-street parking space. All
off-street loading spaces shall be located outside of any right-of-way of a
street or alley.
Page 8-16 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
3.8.07 Animals
A. Animals considered domestic household pets such as dogs, cats, small
rodents and birds may be kept in any zone provided such are kept in
conformance with the McCall City Code.
B. Animals such as horses, cows, goats, chickens, pigs, sheep or other
typically farm animals or any large or domesticated wild animals shall
not be boarded permanently or temporarily in any residential, industrial,
or commercial zone except as specifically provided in the chapters
respecting such zones.
C. Kennels for the keeping of three (3) or more like animals shall be
permitted by Conditional Use Permit only in Zones RR, RE, R1, NC, and
CC.
D. Concentrated or Confined Animal Feeding Operations (CAFO) as defined
in Idaho Statute (Title 67-6529 C) are not permitted within the City of
McCall or the McCall Impact Area.
3,8.08 Antennas
Antennas, where ground mounted, including also satellite dishes, and any
antenna regardless of mounting method transmitting at a power of fifty (50)
watts or more, require a building permit and must meet all applicable FCC
standards. Excepted are small diameter residential satellite antennas, such
as provided by Direct TV® and Dish Network®. These types of antennas
should be mounted, where possible, directly to a structure so that they are
not visible from the street frontage, or at the least, mounted at the rear of
the structure. Mounting these antennas to a post in the ground is to be
avoided if a structure mounting location is possible.
3.8.09 Provision for Trash Storage, Collection, and Disposal
It is unlawful and a nuisance to discharge waste matter onto the surface of
the earth outside of a building or sight-obscuring fence, other than into a
waste container, and unlawful and a nuisance to discharge waste matter into
any stream or lake or other water body.
It is recommended that all trash be collected by a community trash collection
facility. An enclosed, or sight obscuring structure, is required for all trash
collection containers, unless these containers are kept in a building. Sight
Chapter 8, General Development Standards Page 8-17
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
obscuring structures, if in a Commercial or Industrial zone, are subject to the
provisions of Chapter 16, Design Review. If the collection containers are
outside of a building, then they must be designed to be animal proof,
especially against bears, raccoons, and other animals.
3.8.10 Fencing
This paragraph applies to all individual parcels.
A. Sight obscuring fences and portions thereof built on, or located within
twenty feet (20) of the front property line, shall not exceed four (4) feet
in height.
B. Other fences built on the property shall not exceed six (6) feet in height,
C. The use of chain link perimeter fencing in any residential area will
require the approval of the Administrator. See Title 9, Chapter 6,
Subdivision and Development Improvement Requirements.
D. No fence may be constructed of or include razor wire.
E. No fence may be constructed of barbed wire, or be electrified, except
fencing intended for pasture in zones RR, RE, AF and AP.
F. A sight obscuring fence or other suitable screening is required where a
commercial or industrial use abuts the side or rear yard of any property
in a residential zone. Such fence shall be six (6) feet in height except in
the street setback area, where it shall be not more than four (4) feet in
height,
G. All existing fencing which is not in compliance with the applicable
requirements shall be modified to be compliant or removed no later than
one (1) year after (date of approval).
3.8.11 Accessory Use, Buildings, and Structures
A. Accessory dwelling units may be used for lease or rental purposes by
obtaining a business license for rental. See Chapter 13, Permits and
Applications. Accessory dwelling units are not considered for purposes
of determining development density. An accessory dwelling unit must
meet the requirements of the City Code, where applicable, for separate
water connections, and shall be separately connected to a municipal
sewer main, or meet all governmental standards for water and sewage
systems where municipal systems are not available.
Page 8-18 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
B. An accessory building shall have the same exterior finishing colors and
textures as the principal building to which it is accessory, unless some
other design or materials are approved by the Commission under the
procedures for a conditional use; provided, that if the building roof does
not comply with fire mitigation standards, materials which do meet those
standards may be substituted.
C. Accessory dwelling units intended for rental or lease (greater than thirty
30) days), are considered long-term rentals; short-term, or vacation,
rentals are intended for rental periods of thirty (30) days or less.
3.8.12 Corner Vision
In all zones, the property owner shall prepare and maintain landscaping
and/or structures located near a street intersection in such a manner as to
provide a clear and unobstructed view by a motorist of oncoming traffic using
intersecting streets. The degree of vision required will depend on the nature
of the streets, the terrain, and traffic control devices (if any).'
3.8.13 Landscaping, Screening and Buffering
A. Landscaping. The following standards are intended to ensure the
preservation and enhancement of McCall's natural resources and
amenities.
1. All development shall:
a. be designed to take advantage of natural settings, preserving
natural features such as stream side environments and
vegetation.
b. provide natural trees, shrubs, and grasses, or provide and
maintain landscaping, so as to cover all areas not actually used
for structures, drives, walks, usable yard, improved off-street
parking, or lawful open storage. See Appendix B for native or
suitable plants.
2. Industrial, commercial and civic use sites shall:
a. provide landscaping on all areas not actually utilized for
required off-street parking, minimal roads, and buildings,
1 See referenced documents,Appendix A.
Chapter 8, General Development Standards Page 8-19
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
unless otherwise provided in a site plan approved by the
Planning Commission under the procedures applicable to a
conditional use, but without public hearing.
b. it is the purpose of such a site plan to determine the area
reasonably needed for operations, and the landscape treatment
of the site in the light of that need.
3. Residential development shall provide usable yard in the amount of
100 square feet per bedroom in excess of one per dwelling unit. In
the RR, RE, R1, R4, and R8 zones, at least 30% of the total parcel
area shall be:
a. maintained in a manner that preserves existing natural
vegetation; or
b. landscaped with plant species native to similarly situated lands.
See Title 9, Chapter 7, Special Subdivision and Development
Provisions, and Appendix B.
4. Landscaping of parking areas shall be in accordance with § 3.8.061
E.
5. Nothing in this section shall be read to require the landscaping of
exposed rocks and sands in undisturbed riparian and littoral areas.
6. The Commission may require that the developer prepare for
approval a landscaping plan.
B. Screening. Parking areas, mechanical equipment, waste collection
containers, fuel tanks and other similar appurtenances shall be fenced or
screened from public view. A sight obscuring fence or other suitable
screening may be used to screen for commercial or industrial uses where
they abut the side or rear yard of any property in a residential district.
Such fence or screen shall be at least four (4) feet but not more than six
6) feet in height except in the street setback area, where it shall be not
more than four (4) feet in height.
C. Buffering. In order to enhance the rural and natural environment, and
maintain community character and aesthetics, when abutting a
Residential Zone, a commercial, industrial, or civic use shall have
buffering from the residential area from noise, vehicle headlight glare,
dust or other impacts using walls, fences or vegetative barriers sufficient
to mitigate those impacts. Prior to the issuance of a building permit for
construction on such abutting Commercial or Industrial Zone, a site plan
for buffering shall be submitted to the Administrator for approval; an
approved buffering plan shall be a condition of the building permit; its
approval may be combined with the approval of a subdivision or of a
Page 8-20 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
zoning map amendment. The buffers may also be designed to provide
for an area for the storage of snow or rain runoff.
D. Setbacks greater than those of Chapters 4 and 5 may be required to
provide sufficient space for buffering and screening and to maintain
compatibility between commercial or industrial and residential uses.
3.8.14 Building Step-back Standards Adjacent to Residential
Zones
For buildings taller than thirty-five (35) feet in any zone and which are
located adjacent to a residential zone, the building height must be designed
so as to "step back" the building height at least one (1) foot for every
increase in height above thirty-five (35) feet. For example, for a building
height of forty (40) feet, the height could start as thirty-five (35) feet at the
setback line, then increase in height one foot for every foot behind the
setback line, and reach the design height of forty feet at a distance of at
least five (5) feet behind the setback line.
3.8,15 Snow Storage and Drainage
Where snow removal and storage may pose a problem to traffic circulation or
reduce the amount of adequate parking for winter business, the developer of
the property shall designate a snow storage area and remove snow as
necessary.
See also the requirements of Title 9, Chapter 3, Subdivision Design
Standards, § 9.3.08, which is incorporated in its entirety in this section.
3.8.16 Other Requirements
A. Property Numbers: All structures shall have a street property number,
as assigned by the City, with characters not less than four inches (4")
tall, with a color contrasting with the color of the background and visible
day and night from the street at a point of driveway egress from the
street or, for Commercial business, at a point near the primary entrance
to the business.
B. Sidewalk, Curb and Gutter. Sidewalks shall be required improvements
for projects requiring Design Review approval in the Commercial Zones,
or other districts where existing sidewalk adjoins the subject property, or
where the Commission determines sidewalks are necessary for public
safety. The requirement for sidewalks may be waived if the cost of the
Chapter 8, General Development Standards Page 8-21
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
proposed construction is less than twenty thousand dollars ($20,000).
Sidewalks (and curb and gutter where required) shall meet the
standards set forth in the City's Improvement Standard Drawings as
adopted.
3.8.17 Formula Restaurant Limitation
A. Formula Restaurants, as defined in Chapter 2 of this Title, are limited to
no more than ten (10) percent of the total number of restaurants in
McCall and Area of City impact.
3.8.18 Retail, Formula Business Limitation
A. Retail, Formula businesses, as defined in Chapter 2 of this Title, are
limited to no more than fifty (50) percent of the total of like businesses
in McCall and the Area of City Impact. "Like businesses" in this context
are those which have substantially the same product offering, such as
food stores, furniture stores, auto parts stores, etc. and is not the total
quantity of all categories of like businesses.
3.8.19 Main Entrances in R4 through R16 Zones
A. Purpose. These standards:
1. Together with the garage standards, ensure that there is a physical
and visual connection between the living area of the residence and
the street.
2. Enhance public safety for residents and visitors and provide
opportunities for community interaction.
3. Ensure that the pedestrian entrance is visible or clearly identifiable
from the street by its orientation or articulation.
B. Applicability.
1. The standards of Subsection C apply to single family and two-family
dwellings, and townhouse units in the R4 through R16 zones.
2. Where a proposal is for an alteration or addition to existing
development, the standards of this section apply only to the portion
being altered or added.
3. On sites with more than one street frontage, the applicant may
choose on which frontage to meet the standards.
Page 8-22 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
4. Development on flag lots or on lots that slope up or down from the
street with an average slope of 20 percent or more is exempt from
these standards.
5. Main entrances for developments which have secured a building
permit prior to (date of adoption) are exempt from these
provisions.
C. Standards. At least one main entrance for each structure must:
1. Be within eight (8) feet of the longest street-facing wall of the
dwelling unit; and,
2. One of the following:
a. face the street. See Figure 3.8.19A.
b. be at an angle of up to 45 degrees from the street.
c. open onto a porch. See Figure 3.8.19B. The porch must:
1) be at least 25 square feet in area.
2) have at least one entrance facing the street.
3) have a roof that is:
a) no more than 12 feet above the floor of the porch.
b) at least 30 percent solid. This standard may be met
by having 30 percent of the porch area covered with a
solid roof, or by having the entire area covered with a
trellis or other open material if no more than 70
percent of the area of the material is open.
Chapter 8, General Development Standards Page 8-23
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Figure 3.8.19A
Main Entrance Facing the Street
p
GARAGE DWELLING
UNIT Main
Entrance
Maximum
8 ft.
1111111111111fillill
Longest ----
street-facing wail
of dwelling unit
Front Lot Line- -- -
Sidewalk
2
STREET
Page 8-24 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Figure 3.8.198
Main Entrance Opening onto a Porch
GARAGE DWELLING
UNIT
Main1Entrance Porch
Porch
Entry
front Lot Line-._-. mi
f
Sidewalk
STREET
3.8.20 Special Standards for Garages.
A. Purpose. These standards:
1. Together with the main entrance standards, ensure that there is a
physical and visual connection between the living area of the
residence and the street.
2. Ensure that the location and amount of the living area of the
residence, as seen from the street, is more prominent than the
garage.
3. Prevent garages from obscuring the main entrance from the street
and ensure that the main entrance for pedestrians, rather than
automobiles, is the prominent entrance.
4. Provide for a more pleasant pedestrian environment by preventing
garages and vehicle areas from dominating the views of the
neighborhood from the sidewalk.
5. Enhance public safety by preventing garages from blocking views of
the street from inside the residence.
Chapter 8, General Development Standards Page 8-25
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
B. Applicability
1. Generally. Unless exempted by the provisions of this Subsection,
these standards apply to garages for single family and two-family
dwellings, and townhouse units, in the R4 through R16 zones.
2. Exemptions.
a, garages that are accessory to development on flag lots, or
development on lost which slope up or down from the street
with an average slope of 20 percent or more are exempt from
the standards of this paragraph.
b. detached garages which are located completely to the rear of
the dwelling unit, accessible by a driveway from the street or
rear alley.
c. lots with areas equal to, or greater than, 10,000 square feet
and with a street frontage of a least ninety (90) feet.
d. garages for developments which have secured a building permit
prior to the (date of adoption) are exempt from these
provisions.
C. Standards,
The Commission will consider exceptions to these through Design
Review.
1. Length. The length of the garage wall facing the street may be up
to 50 percent of the length of the street-facing building facade. See
Figure 3.8.20A. For all other lots and structures, the standards
apply to the street-facing facade of each unit.
a. exception. Where the street-facing facade of the building is
less than 24 feet long, the garage wall facing the street may be
up to 12 feet long if there is one of the following. See Figure
3.8.20B.
1) interior living area above the garage. The living area must
be set back no more than four (4) feet from the street-
facing garage wall.
2) a covered balcony above the garage that is at least the
same length as the street facing garage wall, at least 6
feet deep, and accessible from the interior living area of
the dwelling unit.
Page 8-26 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
2. Proximity to street relative to dwelling. A garage wall that faces a
street may be no closer to the street lot line than the longest street-
facing wall of the dwelling unit. See Figure 3.8.20C. Where a lot
has more than one street lot line, and there is an existing dwelling
unit on the lot, this standard must be met only on the street-facing
façade on which the main entrance is located.
a. exception. A street-facing garage wall may be up to 6 feet in
front of the longest street-facing wall of the dwelling unit, if:
1) the street-facing garage wall is 40 percent or less of the
length of the building façade.
2) there is a porch at the main entrance. The garage wall
may not be closer to the street lot line than the front of the
porch. See Figure 3.8.20D. The porch may not be more
than 12 feet above the floor of the porch.
Figure 3.8.20A
Length of Street-Facing Garage Wall
l i
DWELLING
GARAGE UNIT
Main
Ilk Entrance
50%
M CaximumJ Font f.ot i.
nSewalk
STKEET
Chapter 8, General Development Standards Page 8-27
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City or McCall
Figure 3.8.20B
Length of Street-Facing Garage Wall Exception
interior living area
above garage
LL Ci V
Int:rlor living
are- above
gauge
qft or less
a from front of
a MIL_
garage wall
2'-0” maximum
Less than 24'-0"
FRONT ELEVATION LEFT SIDE ELEVATION
Figure 3.8,20C
Street Lot Line Setback
GAKAGf DWELLING
UNIT
Man
Entrance
Longest -t
street-facing
wall of dwelling
unit
front Lot tine. -\
Sidewalk
STREET
Page 8-28 Chapter 8, General Development Standards
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Figure 3.8.20D
Garage Front Setback Exception
GARAGL DWELLING
no more UNIT
than G ft. in
Front of Main
longest Entrance
street-facing
wall Covered
i'orch Longest
Street -frog
wall of
0% dwelling unit
Maximum
IFront Lot Lino
sidewalk
S1t`EET
Chapter 8, General Development Standards Page 8-29
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Title 3, Planning and Zoning, City of McCall
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Page 8-30 Chapter 8, General Development Standards
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Title 3, Planning and Zoning, City of McCall
Chapter 9
Signs
3.9.01 Purposes 9-1
3.9.02 Definitions 9-2
3.9.03 Sign Standards by Zone 9-8
3.9.04 Temporary Signs 9-11
3.9.05 Exempt Signs 9-13
3.9.06 Non-Conforming Signs 9-15
3.9.07 Prohibited Signs. 9-16
3.9.08 Illumination 9-17
3.9.09 Permits and Fees 9-18
3.9.10 Structural Requirements 9-19
3.9.11 Inspection, Removal, Safety 9-19
3.9.01 Purposes
Signage is a significant design element, affecting the visual quality and
therefore the viability of commercial activity and quality of life in residential
areas, as well as the directional needs of cars and people. Signs not only
enhance and define the architecture, but support the intended function of the
business being advertised or other important information. Because they are
publicly viewed, signs can either add or detract from the community
character. Therefore, the purpose of this Chapter is:
A. To establish standards to regulate all exterior signs so as to protect the
health, safety and general welfare of residents and visitors.
B. To regulate the sizes, location, character and other pertinent features of
all exterior signs in the Planning Jurisdiction.
C. To reduce undue and confusing competition between signs.
D. To prevent conflicts and confusion between advertising signs and traffic
control signs or signals.
E. To prevent possible harm from outdoor signs suspended from or placed
on top of structures and otherwise erected above the ground and
especially where susceptible to high winds and/or ice fall.
F. To preserve the Small Town character of the community.
Chapter 9, Signs Page 9--1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.9.02 Definitions
The following words and terms shall, for the purposes of this Chapter and as
used elsewhere in this Code, have the meanings shown herein.
1. Abandoned Sign - A sign structure that has ceased to be used,
and the owner intends no longer to have used, for the display of
sign copy, or as otherwise defined by State law.
2. Animated Sign - A sign employing actual motion or the illusion of
motion. Animated signs, which are differentiated from changeable
signs as defined and regulated by this Code, include the following
types:
a. Electrically activated - Animated signs producing the
illusion of movement by means of electronic, electrical or
electro-mechanical input and/or illumination capable of
simulating movement through employment of the
characteristics of one or both of the classifications noted below:
1) Flashing. Animated signs or animated portions of signs
whose illumination is characterized by a repetitive cycle in
which the period of illumination is either the same as or
less than the period of non-illumination. For the purposes
of this Chapter, flashing will not be defined as occurring if
the cyclical period between on-off phases of illumination
exceeds 4 seconds.
2) Patterned illusionary movement. Animated signs or
animated portions of signs whose illumination is
characterized by simulated movement through alternate or
sequential activation of various illuminated elements for
the purpose of producing repetitive light patterns designed
to appear in some form of constant motion.
b. Environmentally activated - Animated signs or devices
motivated by wind, thermal changes or other natural
environmental input. Includes spinners, pinwheels, pennant
strings, and/or other devices or displays that respond to
naturally occurring external motivation.
c. Mechanically activated - Animated signs characterized by
repetitive motion and/or rotation activated by a mechanical
system powered by electric motors or other mechanically
induced means.
3. Architectural projection - Any projection that is not intended for
occupancy and that extends beyond the face of an exterior wall of a
building, but that does not include signs as defined herein. See also
Awning"; "Backlit awning"; and "Canopy, attached and
freestanding."
Page 9-2 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
4. Awning - An architectural projection or shelter projecting from
and supported by the exterior wall of a building and composed of a
covering of rigid or non-rigid materials and/or fabric on a supporting
framework that may be either permanent or retractable, including
such structures that are internally illuminated by fluorescent or
other light sources.
5. Awning sign - A sign displayed on or attached flat against the
surface or surfaces of an awning. See also "Wall or fascia sign."
6. Backlit awning - An awning with a translucent covering material
and a source of illumination contained within its framework.
7. Banner - A flexible substrate on which copy or graphics may be
displayed.
8. Banner sign - A sign utilizing a banner as its display surface.
9. Billboard - See "Outdoor advertising sign."
10. Canopy (Attached) - A multisided overhead structure or
architectural projection supported by attachments to a building on
one or more sides and either cantilevered from such building or also
supported by columns at additional points. The surface(s) and/or
soffit of an attached canopy may be illuminated by means of
internal or external sources of light. See also "Marquee."
11. Canopy (Free-standing) - A multisided overhead structure
supported by columns, but not enclosed by walls. The surface and
or soffit of a free-standing canopy may be illuminated by means of
internal or external sources of light.
12. Canopy sign - A sign affixed to the visible surface(s) of an
attached or free-standing canopy.
13. Changeable sign - A sign with the capability of content change by
means of manual or remote input, including signs which are:
a. Electrically activated - Changeable sign whose message copy
or content can be changed by means of remote electrically
energized on-off switching combinations of alphabetic or
pictographic components arranged on a display surface.
Illumination may be integral to the components, such as
characterized by lamps or other light-emitting devices; or it
may be from an external light source designed to reflect off the
changeable component display. See also "Electronic message
sign or center."
b. Manually activated - Changeable sign whose message copy
or content can be changed manually.
14. Combination sign - A sign that is supported partly by a pole and
partly by a building structure.
15. Copy - Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding
numerals identifying a street address only.
Chapter 9, Signs Page 9-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
16. Development complex sign - A free-standing sign identifying a
multiple-occupancy development, such as a shopping center or
planned industrial park, which is controlled by a single owner or
landlord, approved in accordance with § 3.9.03 of this chapter.
17. Directional sign - Any sign that is designed and erected for the
purpose of providing direction and/or orientation for pedestrian or
vehicular traffic.
18. Double-faced sign - A sign with two faces, back to back.
19. Electric sign - Any sign activated or illuminated by means of
electrical energy.
20. Electronic message sign or center - An electrically activated
changeable sign whose variable message capability can be
electronically programmed.
21. Exterior sign - Any sign placed outside a building.
22. Fascia sign - See "Wall or fascia sign."
23. Flashing sign - See "Animated sign, electrically activated."
24. Free-standing sign - A sign principally supported by a structure
affixed to the ground, and not supported by a building, including
signs supported by one or more columns, poles or braces placed in
or upon the ground.
25. Frontage (Building) - The length of an exterior building wall or
structure of a single premise orientated to the public way (street) or
other properties that it faces.
26. Frontage (Property) - The length of the property line(s) of any
single premise along either a public way or other properties on
which it borders.
27. Ground sign - See "Free-standing sign."
28. Identification sign - Owner or proprietor, business name,
address, phone number, hours of operation, etc. Maximum letter
size is four (4) inches height.
29. Illuminated sign - A sign characterized by the use of artificial
light, either projecting through its surface(s) (internally
illuminated); or reflecting off its surface(s) (externally illuminated).
30. Impounded sign - A sign which has been collected by the City as
a result of legal action.
31. Interior sign - Any sign placed within a building, but not including
window signs" as defined by this ordinance. Interior signs, with the
exception of window signs as defined, are not regulated by this
chapter.
32. Mansard - An inclined decorative roof-like projection that is
attached to an exterior building facade.
33. Marquee - See "Canopy (attached)."
34. Marquee sign - See "Canopy sign."
35. Menu board - A free-standing sign for a restaurant that advertises
the menu items available and which has no more than 20 percent of
the total area for such a sign utilized for business identification.
Page 9-4 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
36. Multiple-faced sign - A sign containing three or more faces.
37. Off-premise sign - See "Outdoor advertising sign". Off-Premises
signs do not including directional signs, traffic control devices, or
jurisdictional limit signs.
38. On-premise sign - A sign erected, maintained or used in the
outdoor environment for the purpose of the display of messages
appurtenant to the use of, products sold on, or the sale or lease of,
the property on which it is displayed.
39. Outdoor advertising sign - A permanent sign erected, maintained
or used in the outdoor environment for the purpose of the display of
commercial or noncommercial messages not appurtenant to the use
of, products sold on, or the sale or lease of, the property on which it
is displayed, but not including directions signs, traffic-control signs
or devices, or jurisdictional limit signs
40. Parapet - The extension of a building facade above the line of the
structural roof.
41. Pole sign - See "Free-standing sign."
42. Political sign - A temporary sign intended to advance a political
statement, cause or candidate for office. A legally permitted
outdoor advertising sign shall not be considered to be a political
sign.
43. Portable sign Any sign not permanently attached to the ground
or to a building or building surface.
44. Projecting sign - A sign other than a wall sign that is attached to
or projects more than 18 inches from a building face or wall or from
a structure whose primary purpose is other than the support of a
sign.
45. Real estate sign - A temporary sign advertising the sale, lease or
rental of the property or premises upon which it is located.
46. Revolving sign - A sign that revolves 360 degrees about an axis.
See also "Animated sign, mechanically activated."
47. Roof line -The top edge of a peaked roof or, in the case of an
extended facade or parapet, the uppermost point of said facade or
parapet.
48. Roof sign - A sign mounted on, and supported by, the main roof
portion of a building, or above the uppermost edge of a parapet wall
of a building and which is wholly or partially supported by such a
building. Signs mounted on mansard facades, pent eaves and
architectural projections such as canopies or marquees shall not be
considered to be roof signs. For a visual reference, and a
comparison of differences between roof and fascia signs, see Figure
3.9.02.
49. Sign - Any device visible from a public place that displays either
commercial or noncommercial messages by means of graphic
presentation of alphabetic or pictorial symbols or representations.
Noncommercial flags or any flags displayed from flagpoles or staffs
will not be considered to be signs.
Chapter 9, Signs Page 9-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
50. Sign area - The area of the smallest geometric figure, or the sum
of the combination of regular geometric figures, which comprise the
sign face. The area of any double-sided or "V" shaped sign shall be
the area of the largest single face only. The area of a sphere shall
be computed as the area of a circle. The area of all other multiple-
sided signs shall be computed as 50 percent of the sum of the area
of all faces of the sign.
51. Sign copy - Those letters, numerals, figures, symbols, logos and
graphic elements comprising the content or message of a sign,
exclusive of numerals identifying a street address only.
52. Sign face - The surface upon, against or through which the sign
copy is displayed or illustrated, not including structural supports,
architectural features of a building or sign structure, nonstructural
or decorative trim, or any areas that are separated from the
background surface upon which the sign copy is displayed by a
distinct delineation, such as a reveal or border.
a. in the case of panel or cabinet type signs, the sign face shall
include the entire area of the sign panel, cabinet or face
substrate upon which the sign copy is displayed or illustrated,
but not open space between separate panels or cabinets.
b. in the case of sign structures with routed areas of sign copy,
the sign face shall include the entire area of the surface that is
routed, except where interrupted by a reveal, border, or a
contrasting surface or color.
c. in the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign
face shall comprise the sum of the geometric figures or
combination of regular geometric figures drawn closest to the
edge of the letters or separate graphic elements comprising the
sign copy, but not the open space between separate groupings
of sign copy on the same building or structure.
d. in the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with
the color of the building or structure, the sign face shall
comprise the area within the contrasting background, or within
the painted or illuminated border.
53. Sign, Lighting Device - Any light, string of lights or group of lights
located or arranged so as to cast illumination on a sign.
54. Sign structure - Any structure supporting a sign.
55. Temporary sign - A sign intended to display either commercial or
noncommercial messages of a transitory or temporary nature.
Portable signs or any sign not permanently embedded in the
ground, or not permanently affixed to a building or sign structure
that is permanently embedded in the ground, are considered
temporary signs.
Page 9-6 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
56. Under canopy sign or under marquee sign - A sign attached to
the underside of a canopy or marquee.
57. V sign - Signs containing two faces of approximately equal size,
erected upon common or separate structures, positioned in a "V"
shape with an interior angle between faces of not more than 90
degrees with the distance between the sign faces not exceeding five
5) feet at their closest point.
58. Wall or fascia sign - A sign that is in any manner affixed to any
exterior wall of a building or structure and that projects not more
than 18 inches from the building or structure wall, including signs
affixed to architectural projections from a building provided the copy
area of such signs remains on a parallel plane to the face of the
building facade or to the face or faces of the architectural projection
to which it is affixed. For a visual reference and a comparison of
differences between wall or fascia signs and roof signs, see Figure
3.9.02.
59. Window sign - A sign affixed to the surface of a window with its
message intended to be visible to and readable from the public way
or from adjacent property.
Roof and Fascia Signs
Figure 3.9.02
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Chapter 9, Signs Page 9-7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.9.03 Sign Standards by Zone
A. General Standards Applicable to All Zones.
1. The following sign standards by zone are intended to include every
zone in the Planning Jurisdiction. The zones are as defined by this
Title. Only signs as described herein and as may be described under
3.9.03, Temporary Signs and § 3.9.04, Exemptions, will be
permitted in each particular zone. The area of a sign shall be
computed; if a sign includes silhouette designs or letters, whether
cut out of the interior of a background, or projecting beyond the
edges of a background, or free-standing, the area of the sign shall
be computed to include the square-footage of a rectangle that
would enclose such designs. For example, should a sign that, is
attached flat against a building that is three feet on a side (9 square
feet) have a pine tree silhouette attached to and extending above it,
such tree being one foot wide at the widest and two (2) feet tall,
then the one foot by two foot rectangle which could enclose that
tree shall be added to the nine (9) square feet of the rest of the sign
of which it is a part for a total of eleven (11) square feet,
notwithstanding that some of that area in fact includes space
around the tree.
2. If a new zone is created after (date of adoption), no signs shall be
permitted therein until this Chapter shall be amended to include this
zone.
3. For traffic operations, emergency response, and land use
compatibility, the City may require that a development complex sign
be placed at the entrance(s) of a Planned Unit Development or large
subdivision, shopping center, or industrial park; each sign shall not
exceed an area of fifty (50) square feet and is subject to the other
requirements of this Chapter.
4. Outdoor advertising signs may be permitted by the Administrator
when used to advertise publicly accessible recreational facilities
remote from the sign location. Such signs should be designed to
include one or more such facilities located in the same area. These
signs may be located on public property, with the permission of the
jurisdictional authority, or private property, with the permission of
the owner, such location to be approved by the Administrator. The
maximum sign area is five (5) square feet.
5. Illumination. Illumination of signs is permitted but in accordance
with the restrictions specified in § 3.9.08.
B. Residential Zones.
1. General. The regulations and specifications set forth herein shall
apply to the Agriculture and Forest (AF), Rural Residential (RR),
Residential Estate (RE), R1, R4, R8, and R16 zones.
Page 9-8 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
2. Size. One sign not exceeding two square feet in area shall be
permitted per dwelling unit. For multiple dwellings per platted lot
one or more additional signs totaling twelve (12) square feet in area
shall be permitted.
3. Location. Permitted signs may be anywhere on the premises,
except that they may not project beyond any property line and
except that, if free standing, the top shall be not over five (5) feet
above the ground; and, if building mounted, shall be flush mounted,
shall not be mounted on any roof of the building, and shall not
project above the eave line.
4. Content. Signs allowed in residential zones are normally used for
identification and directional purposes. The additional sign area
permitted for multiple dwellings shall be only for identification of the
building. See also Title 9, Chapter 6, § 9.6.02 R for address
numbers.
C. Commercial Zones.
1. General. The regulations and specifications set forth herein shall
apply to the Civic Use (CV), Neighborhood Commercial (NC),
Community Commercial (CC), and Central Business District (CBD)
zone.
2. Size.
a. a total sign area of one and one-half (1 1/2) square feet for
each lineal foot of building frontage or one-half (1/2) square
foot for each lineal foot of property frontage, whichever results
in the larger sign area, but the maximum total area of all
permitted signs for any establishment shall not exceed one
hundred (100) square feet. All window signs shall be included
when calculating total permitted square footage. Interior signs
are not to be included in area calculations.
b. building frontage shall be measured along a horizontal plane
from one end of the building to the other along the street which
the sign faces.
c. where frontage is on more than one street, the allowable size of
signs facing one of those streets shall be based on the frontage
of the building facing that street.
3. Location.
a. signs may be wall or fascia signs and located anywhere on the
surface of the building.
b. signs may be projecting signs only if, under the applicable
zoning, there is no building setback, and then may project six
6) feet or less beyond the street property line, but no closer
than two (2) feet to a curb line, and must have a minimum
Chapter 9, Signs Page 9-9
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
clearance of eight (8) feet above the curb line and public
sidewalk, and fifteen (15) feet above driveways or alleys.
c, when a projecting sign is closer than 12 feet to a corner of the
property, its projection shall be no more than a distance equal
to 1/2 the horizontal distance from the sign to that corner.
d. except in the CBD, where a building does not cover the full area
of the property, a sign may be free-standing and may be
located anywhere back of the street setback lines. The top of
such a sign may extend up to ten (10) feet above the average
ground level at the base of the sign.
e, signs may be on the vertical faces of marquees and may
project below the lower edge of the marquee not more than
twelve (12) inches. The bottom of marquee signs shall be no
less than eight (8) feet above the sidewalk or grade at any
point. No part of the sign shall project above the vertical
marquee face.
f. signs shall not project above the roof line or roof peak (highest
elevation).
g. signs shall not be located on any property which is not the site
of the subject of the information on the sign; e.g. a sign
advertising a business may only appear on the same lot or
parcel of real estate that is the location of the business (except
see § 3.9.03 A.4.).
h. signs may be incorporated into building awnings. In terms of
calculating sign size, the procedure shall be to calculate the
area of the letters and design according to the "silhouette" sign
described in § A.1 of § 3.9.03.
4, Multi-Tenant Buildings or Plazas: The total signage area may not
exceed the area for a single tenant building of the same frontage;
exceptions may be approved by the Administrator with cause
shown. Signs for individual tenants may be wall mounted or
hanging, but not projecting beyond eighteen (18) inches. The
portion of total signage available to each tenant shall be determined
by the building or plaza owner.
D. Industrial - Zone I.
1. General. The regulations and specifications set forth herein shall
apply to the Industrial (I) zones.
2. Size. There shall be permitted in this Zone, for each industrial
establishment, one identity sign for each building with a street
frontage, each with a maximum area of one square foot for each
lineal foot of building frontage, or one half (1/2) square foot for
each lineal foot of property frontage, whichever is greater, but not
exceeding one hundred (100) square feet.
3. Location. Requirements shall be the same as specified for the
Commercial zones.
Page 9-10 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
4. Content. Signs permitted in this Zone shall be identification signs
only.
5. Changeable Signs: Are not permitted except to advertise the
pricing of fuels and event hours. A Conditional Use Permit is
required as well as following the Design Review procedure of
Chapter 16. No more than fifty percent (50%) of any given sign
face may include a space for changeable letters. Permitted
changeable signs shall be of a high quality, and the letters used on
such signs shall be of a durable material such as Lexan® or acrylic
plastic, with a minimum thickness of 0.08 inches and a height not to
exceed nine (9) inches.
6. if special conditions and circumstances unique to the type of
business, the land, or structure, make compliance with the above
paragraph an undue hardship, then the Commission may take into
consideration the products or services offered by the establishment;
the requirements for a Conditional Use Permit (Chapter 13) will be
applied.
E. Public Zones and Special Districts (see Chapters 6 and 7)
1. Agriculture and Forest (AF) Zone: Apply the same standards as for
the Residential Zones.
2. Civic Use (CV) Zone: Apply the same standards as the Commercial
zones.
3. Airport (AP) Zone: Signing to be located within the AP (airport)
zone requires an Administrative permit, except for the signage
required by authorities for safety or security purposes. Otherwise,
the same standards apply as the Industrial zone.
4. Special Districts: Apply the same standards as for the zone in which
the district falls.
3.9.04 Temporary Signs
The following signs shall be permitted anywhere within the Planning
Jurisdiction and shall not require a permit:
A. Site Development Signs
1. One site development sign is permitted for each project.
2. A sign which identifies the architects, engineers, contractors and
other individuals or firms involved with a construction project, but
not including any advertisement of any product, and signs
announcing the character of the building enterprise or the purpose
for which the building is intended, during the construction period,
with a maximum area of 16 square feet.
Chapter 9, Signs Page 9-11
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3. The signs shall be confined to the site of the construction, may be
placed up to thirty (30) days prior to start of construction, and shall
be removed within fourteen (14) days after the beginning of an
occupancy use of the project.
B. Real Estate Signs.
1. Signs advertising the sale, rental or lease of the premises or part of
the premises on which the signs are displayed:
a. for properties of one acre or less the total area of the signage
shall not exceed five (5) square feet on one face. A double
sided sign may have a total sign surface of ten (10) square
feet.
b. for properties of over one acre but less than ten acres, the total
area of the signage shall not exceed sixteen (16) square feet;
c. for properties over ten (10) acres, the total area of the signage
shall not exceed thirty two (32) square feet;
d. for properties facing the lake front, the total area of the signage
shall not exceed sixteen (16) square feet.
2. Such signs shall be placed only on the property advertised and shall
be removed within seven days after the sale, rental, or lease is
documented and closed.
3. "Open House" signs shall not exceed six square feet in total area.
Open House signs shall be removed upon completion of the "open
house" but in no event shall the sign be placed longer than 24
hours.
4. Illuminated, reflective and Day-Glo ® type materials are not
permitted on any real estate signs.
5. Signs shall be maintained in good repair. Damaged signs, or signs
which have fallen over, etc, are subject to removal by the City (see
3.9.10).
6. Real Estate signs shall not be placed upon or extend over public
rights-of-way.
C. Political Signs.
The following provisions apply to candidates for public office, bond
elections, referenda, and initiatives. Prior to any enforcement action,
the City shall seek legal advice for each case.
1. Signs announcing the candidates seeking public political office and
other data pertinent thereto, up to an area of thirty two (32) square
feet for each premise.
2. Such signs shall be confined within private property and removed
within seven days after the election for which they were made.
Page 9-12 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
D. Street Banner Signs. Street banner signs advertising a public
entertainment or event, if, after the submittal and approval by the
Council of an application, and only for locations designated by the
Administrator, during and for fourteen (14) days before and seven (7)
days after the event.
E. Window Signs. Window signs intending to announce the display of
merchandise, when incorporated with such a display, are permitted.
They need not be related in content with the display.
F. New Business Signs: With prior written notice to the Administrator and
the code enforcement officer, with their written concurrence that the
business is new, and upon payment of a fee set by Council from time to
time by resolution, a new business may display a temporary sign for not
more than a total of sixteen (16) consecutive days to announce its
opening, which sign shall be on the premises where the business is
located. Such a sign is in addition to the permanent sign and shall not
be larger than a sign permitted to the business.
G. Other Signs. Signs which express ideas or comments of a citizen may
be displayed with size and duration approved by the Administrator, or, if
requested by the applicant or by a concerned citizen, by action of the
Commission and Council for a Condition Use Permit at a public hearing.
H. Event signs for Non-Profits. Non-Profits groups advertising or promoting
events shall be allowed. Such signs shall be removed upon completion
of the event but in no case shall the sign be placed longer than 24
hours.
3.9.05 Exempt Signs
The following types of signs are exempted from all the provisions of this
Chapter, except for construction and safety regulations and the following
requirements:
A. Public Signs. Signs of a non-commercial nature and in the public
interest, erected by or on the order of, a public officer in the
performance of the public officer's public duty, such as safety signs,
danger signs, trespassing signs, traffic signs, memorial plaques, signs of
historical interest, informational signs, and the like.
B. Institution.
1. Signs setting forth the name or any simple announcement for an
institution located entirely within the premises of that institution up
to an area of twenty four (24) square feet.
Chapter 9, Signs Page 9-13
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
2. Such signs may be illuminated in accordance with the regulations
specified in § 3.9.08, Signs, Illumination.
3. If building mounted, these signs shall be flat wall signs and shall not
project above the roof line. If free standing, the top shall be no
more than six (6) feet above ground level, except when mounted
upon a bona fide gateway at a height to permit vehicles to pass
beneath the sign.
C. Integral. Names of buildings, dates of erection, monumental citations,
commemorative tablets and the like when carved into stone, concrete or
similar materials or made of bronze, aluminum, or other permanent type
construction, and made an integral part of the structure.
D. Private Traffic Direction.
1. Signs directing traffic movement onto a premise or within a
premise, not exceeding three (3) square feet in area for each sign;
signs must not be located in a public right-of-way.
2. Such signs may be illuminated in accordance with the regulations
specified in § 3.9.08, Illumination.
3. Horizontal directional signs on and flush with paved areas are
exempt from these standards.
E. Small Signs. Signs not exceeding two (2) square feet in area, attached
flat against the building, stationary and not illuminated, announcing only
the name and occupation of building tenant.
F. Rental Signs. Signs on the premises announcing rooms for rent, table
board, apartment or house for rent and not exceeding four (4) square
feet in area.
G. Vehicles. Signs on vehicles of any kind, provided the sign is painted or
attached directly to the body of the original vehicle and does not project
or extend beyond the sides or ends of the vehicle.
1. Registered: The motor vehicle or trailer must be currently
registered with the relevant motor vehicle authorities and be
currently, regularly, and principally used for a transportation
purpose other than display of such sign. Signs which would
otherwise be mounted on a building or in a freestanding frame may
not be placed vertically on the roof, hood, or trunk of a car, nor in
the bed nor on the cab of a truck, unless being used to transport
the sign to a permanent location;
2. Located; The vehicle's location when not in use upon the public
streets must be consistent with the most logical implementation of
the principal use of the vehicle; and
Page 9- 14 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
3. Not Actually Used as A Sign: A vehicle shall not be parked such
that the principal purpose of the vehicle, while parked, is that of a
sign. This subsection G shall be construed so as to prevent the use
of vehicles for a sign except under the foregoing circumstances.
H. No Trespassing or Restricted Entry Signs. These signs are permitted if
each sign is no larger than two (2) square feet in area and no more than
one sign is placed every fifty (50) feet of fencing of building frontage.
I. Religious symbols and seasonal decorations within the appropriate public
holiday season.
J. Flags. United States or Idaho state flags and the flags of other states or
nations are permitted, and if displayed, shall be displayed with
appropriate respect and proper methods.
K. Menu Boards. Permitted for restaurants with a maximum area of 15
square feet.
3.9,06 Non-Conforming Signs
A. Where a lawful sign existed on the effective date, July 6, 1999, of the
previous sign regulations (Title 3, Chapter 24), that could not be lawfully
installed under the terms of current regulations, such sign may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
1. No such nonconforming sign may be enlarged or altered, other than
changing copy, in a way which increases its nonconformity, but any
sign may be altered to bring it into conformity.
2. Should such nonconforming sign or nonconforming portion of sign
be damaged to an extent or require maintenance that would cost
more than fifty percent (50%) of the sign's replacement cost at the
time of the damage or maintenance, it shall not be maintained or
repaired, but shall be removed or reconstructed in conformity with
the provisions of this Title.
3. Should such nonconforming sign be moved for any reason for any
distance whatsoever, it shall thereafter conform to the provisions of
this Title.
B. Any sign in violation of § 3.9.07, Prohibited Signs, shall be removed,
altered or repaired in accordance with the provisions of this Title within
60 days after (date of approval).
Chapter 9, Signs Page 9-15
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
C. Non-conforming signs installed or erected after July 6, 1999, which are
structurally altered, facially altered, relocated or replaced shall comply
immediately with all provisions of this Code.
D. Any sign in violation of § 3.9.04, Temporary Signs, shall be removed,
altered or repaired within 30 days after (date of approval).
E. Non-Conforming Uses. Signage associated with any nonconforming
building or land use shall, nevertheless, comply with all the provisions of
this Chapter applicable to the zone in which the nonconforming building
or use would be conforming. If there is more than one such zone, the
most restrictive regulations among those of the two or more other zones
shall apply.
F. In the event a sign is not removed by the expiration of the time
provided, it may be removed as provided in § 3.9.11.
3.9.07 Prohibited Signs.
The following signs are prohibited (the judgment of the Administrator shall be
final in these cases):
A. Signs that contain statements, words or pictures of an obscene
character.
B. Signs that contain or are an imitation of an official traffic sign or signal
or contain the words "stop", "go slow", "caution", "danger", "warning",
or similar words.
C. Signs that are of a size, location, movement, content, coloring or
manner of illumination which may be confused with or construed as a
traffic control device, or hide from view any traffic or street sign or
signal.
D. Signs that advertise an activity, business, product or service not
conducted, or no longer conducted, on the premises upon which the sign
is located.
E. Signs that have a moving part which is a major attraction of the sign or
constitutes more than ten percent (10%) of the sign area.
F. Signs that contain or consist of balloons, banners, posters, pennants,
ribbons, streamers, strings of light bulbs, spinners or other similarly
moving devices. These devices, when not part of any sign, are similarly
prohibited.
Page 9-16 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
G. Signs that swing or otherwise noticeably move as a result of wind
pressure in a fashion which may distract or and cause a danger to the
public, or signs which, due to structural weakness, design defect, or
other reason, constitutes a threat to the health, safety, and welfare of
any person or property.
H. Outdoor advertising signs as defined in § 3.9.02, Definitions except as
permitted by § 3.9.03 A. 4.
I. Portable changeable signs, V signs, or other temporary signs not
permitted by § 3.9.04.
J. Signs mounted on vehicles that are operated solely or primarily for the
purpose of displaying the sign in the public right-of-way. Or signs
mounted in or on a motor vehicle parked unattended other than at the
home or business premises of the business advertised or of its owner; a
vehicle shall not be considered unattended if the driver is in the vehicle
or if the driver is in the ordinary course of trade or business on the
premises where parked.
K. Changeable signs in Residential zones, except where permitted by a
Conditional Use Permit for a commercial or industrial use.
L. Roof signs in any residential zone, unless for an approved business use
with a Conditional Use Permit.
3.9.08 Illumination
Allowed methods of illumination are divided into several types as described
below; all other forms of sign lighting are prohibited. All lighted signs shall
comply with Chapter 14, Outdoor Lighting.
A. Unlighted. A sign with neither an internal light nor an external source
intended specifically for the purpose of lighting the sign.
B. Internally Lighted. A sign with an internal light intended to illuminate
translucent portions of the sign.
C. Externally Lighted. A sign with an external light source intended
specifically to illuminate the sign. External light fixtures which produce
glare shall not be permitted.
Chapter 9, Signs Page 9-17
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.9.081 General Requirements
A. The light from any illuminated sign shall be so shaded, shielded or
directed that the light intensity or brightness will not be objectionable to
surrounding areas.
B. No sign shall have blinking, flashing or fluttering lights or other
illumination, brightness or color. Beacon lights are not permitted. Signs
which utilize low wattage (LED, for example) lamps for the purpose of
public information, such as an indication of time or temperature, are
permitted with the approval of the Administrator.
C. No colored lights shall be used at any location or in any manner that
could be confused with a traffic control device.
D. Neither the direct, nor reflected, light from primary light sources shall
tend to create a traffic hazard to operators of motor vehicles on public
thoroughfares.
E. No exposed reflective type bulbs and no strobe light or incandescent
lamps which individually or cumulatively exceed fifteen (15) watts shall
be used on the exterior surface of any sign so as to expose the face of
the bulb, light or lamp to any public street or adjacent property.
F. Changeable signs may be attached to buildings, and may be illuminated,
but must meet all sign area requirements. Usage of low wattage lamps
such as LED lamps) is permitted, provided the sign illumination does
not result in potential traffic hazards in the opinion of the Administrator
and the copy change does not occur more than once per day. Messages
are to be non-scrolling.
3.9.09 Permits and Fees
A. Permit Requirements.
1. All signs required a permit except:
a. temporary Signs as described in § 3.9.04.
b. exempted Signs as described in § 3.9.05.
c. residential address and occupant name signs as described in
3.9.03 B.
2. Permits will be issued subject to a Design Review in accordance with
Chapter 16, Design Review, of this Title.
3. No sign requiring a permit shall be erected, altered or relocated
without a permit issued by the Building Inspector.
Page 9-18 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
4. Electrical permits, when required, shall be obtained at the same
time as the sign permit.
B. Applications. The permit application shall contain the location of the sign
structure, the name and address of the sign owner and of the sign
erector, drawings showing the design and location of the sign and such
other pertinent information as the building official may require to insure
compliance with the McCall City Code.
C. Fees, Fees for sign permits shall be as fixed from time to time by the
Council.
D. Nullification. A sign permit shall become null and void if the work for
which the permit was issued has not begun within a period of 120 days
from the date of the permit. A new permit will require assessment of an
additional fee.
E. Permit Exceptions. The following operations shall not be considered as
creating a sign and therefore, shall not require a sign permit.
1. Replacing Copy. The changing of the advertising copy of a message
on an approved painted or printed sign or on a theater marquee and
similar approved signs which are specifically designed for the use of
replaceable copy.
2. Maintenance, painting, repainting, cleaning and other normal
maintenance and repair of a sign or a sign structure unless a
structural change is made.
3.9.10 Structural Requirements
All signs shall comply with the pertinent requirements of the Uniform Building
and Electrical Codes as adopted by the City.
3.9.11 Inspection, Removal, Safety
A. Maintenance. All signs and components thereof shall be kept in good
repair and safe, neat, clean and attractive condition.
B. Removal of Sign. The building official may order the removal of any sign
erected or maintained in violation of this Title. He shall give thirty (30)
days notice in writing to the owner of such sign, or of the building,
structure or premises on which such sign is located, to remove the sign
or to bring it into compliance. The Building Inspector may remove a sign
immediately and without notice if, in the Building Inspector's opinion,
the condition of the sign is such as to present an immediate threat to the
safety of the public.
Chapter 9, Signs Page 9-19
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
C. Abandoned Signs. A sign shall be removed by the owner or lessee of the
premises upon which the sign is located when the business which it
advertises is no longer conducted on the premises. If the owner or
lessee fails to remove it, the Building Inspector shall give the owner or
lessee fifteen (15) days written notice to remove it. Upon their refusal or
failure to comply with this notice, the Building Inspector or a duly
authorized representative may remove the sign at cost to the owner.
D. Impounded Signs: An impounded sign may be retained by the City until
completion of any criminal prosecution or other court proceedings
respecting the erection or maintenance of the sign; if an owner has re-
offended after having been convicted of a violation in putting up a sign,
and the new offense involves the same sign or a sign which in pertinent
aspect(s) is a like sign, is forfeited to the City and subject to disposal as
deemed appropriate by the City Manager.
Page 9-20 Chapter 9, Signs
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 10
Planned Unit Development
3.10.01 Purpose 10-1
3.10.02 Planned Unit Developments Permitted 10-2
3.10.03 Ownership.. 10-3
3.10.04 Approval Criteria and Conformance with Zoning and Title
9 10-3
3.10.05 Use Regulations 10-4
3.10.06 Use Exceptions 10-4
3.10.07 Developer Benefits 10-5
3.10.08 Development Standards 10-6
3.10.09 Application Procedure 10-9
3.10.10 Improvement Guarantees 10-15
3.10.11 Extension of Preliminary Development Plan Approval 10-16
3.10.12 Amendments to the Final Development Plan 10-16
3.10.01 Purpose
The Planned Unit Development (PUD) process provides an opportunity for
land development that preserves natural features, allows efficient provision of
services, and provides common open spaces or other amenities not found in
traditional lot-by-lot development. The procedure may allow a combination
or variety of residential, commercial, office, technical and industrial land
uses. It also provides for the consistent application of conditions of approval
for the various phases of the planned unit development. A planned unit
development is intended to:
A. Permit greater flexibility and, consequently, more creative design for
development than generally is possible under conventional zoning
regulations;
B. Retain and preserve natural scenic qualities and topographic features of
open spaces; promote aesthetics; prevent disruption of natural drainage
patterns;
C. Promote the creation and efficient use of open space and park area;
D. Provide a harmonious variety of neighborhood development and a higher
level of urban amenities.
Chapter 10, Planned Unit Development Page 10- 1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.10.02 Planned Unit Developments Permitted
3.10.021 Planned Unit Developments are permitted in all zones.
3.10.022 Density shall be as established in the zone in which the PUD is
permitted except that the Commission or Council may grant
additional density according to § 3.10.02.4 below.
3.10.023 Any permitted, conditional or accessory uses allowed in the zone
may also be allowed in the PUD, with conditional uses not
requiring a Conditional Use Permit; see Chapter 13, Permits and
Applications.
3.10.024 Density Bonus. The following maximum increases in density
may be granted singularly or cumulatively only if the
accompanying conditions are met:
A. Ten percent (10%): Solar, wind, geothermal, or other alternative
renewable energy source will provide at least fifty percent (50%) of the
total energy needs of the PUD.
B. Ten percent (10%): At least twenty five percent (25%) of the property
included in the PUD is located in the floodplain and no development
occurs within the flood plain, except that the PUD shall provide public
access to the flood plain for passive open space use.
C. Twenty percent (20%): At least fifty percent (50%) of the units are
Community Housing units as defined within this Title.
D. Density bonuses exceeding those listed above, and for project amenities
and benefits to the community other than those listed may be granted
by unanimous vote of the Council, following a recommendation by the
Commission, in order to carry out the purpose and intent of this Section
and the land use policies of the City.
E. Twenty percent (20%): If the developer incorporates into the
subdivision a facility for approved treatment of sewage and disposal of
the treated effluent on-site, and which is approved by the State of Idaho.
Page 10-2 Chapter 10, Planned Unit Development
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.10.03 Ownership
A. An application for approval of a PUD may be filed by anyone meeting the
definition of"Applicant" in Chapter 2.
B. Before approval is granted to the final development plan, the entire
project shall be under single or corporate ownership or control and proof
of legal title must be presented with the final development plan.
C. If single or corporate ownership of any portion or the entirety of the
development is transferred to another entity, the new entity must agree
to adhere to all plans, easements, agreements, and other pertinent or
applicable documents, including this Title and Title 9; such agreement
shall be obtained in writing, be submitted to, and approved by the
Commission and the City Council in accordance with Chapter 15, with
scheduled public hearings. This transfer restriction does not apply to the
sale and transfer of individual properties as denoted in the final approved
Development Plan and subsequent detailed plat, if applicable.
3.10.04 Approval Criteria and Conformance with Zoning and Title 9
A PUD may be allowed in any in any zone provided that the decision body
makes the following findings:
A. The underlying zoning, Title 9, and other applicable regulations under
this Title and Title 9 are met, except as the applicant has specifically
requested modifications to the standards as part of the PUD.
B. The proposed uses shall not be detrimental to present and potential
surrounding uses; nor shall they be detrimental to the health, safety and
general welfare of the public. The physical features of the site, public
facilities, and existing adjacent developments and uses shall be
considered.
C. The density of the planned unit development considered as a whole shall
be in substantial conformity with the density of the underlying zone.
D. Any variation from the basic zone requirements must be warranted by
the design and amenities incorporated in the preliminary and final
development plan.
E. The final development plan must be in conformance with the preliminary
plan.
Chapter 10, Planned Unit Development Page 10- 3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
F. The planned unit development must meet the general objectives of the
McCall Area Comprehensive Plan.
G. Existing and proposed streets and utility services must be suitable and
adequate for the proposed development.
H. A Development Agreement is required between the developer and the
City which delineates commitments of the developer to the City and of
the City to the developer including but not limited to assurances for
public and private improvements and maintenance of the same.
I. A PUD may be proposed in conjunction with an application to amend the
zoning map and the Comprehensive Plan.
3.10.05 Use Regulations
Any permitted or conditional uses allowed in the underlying zone may also be
allowed in the planned unit development. A conditional use may be
permitted through a planned unit development approval without the need for
a separate conditional use application.
3.10.06 Use Exceptions
In the case of planned unit developments greater than two (2) acres in size,
the Commission may authorize specified uses not permitted or conditionally
permitted by the use regulations of the zone in which the development is
located, provided the Commission shall find that:
A. The uses permitted by such exception are necessary or desirable and are
appropriate with respect to the primary purpose of the development; and
B. The uses permitted by such exception are of such a nature or so located
as to have minimum impact to the surrounding neighborhood as
determined by the preparation of a Community Impact Review (see
Chapter 13); and
C. The development is phased so that the approval to construct the
exceptional use or uses is coordinated with the construction of all or a
proportionate phase of the permitted use; and
D. No more than twenty percent (20%) of the total area of the planned unit
development shall be devoted to the uses permitted by the exception.
E. The uses permitted by such exception are shown to contribute to a
coherent living style and sense of community.
Page 10-4 Chapter 10, Planned Unit Development
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
F. The PUD contains public improvements (streets, water, sewer, street
lights, etc.) for the proposed use.
3.10.07 Developer Benefits
The purpose of Planned Unit Developments is to provide certain benefits to
the public and to the developer. The installation of public improvements
streets, water, sewer, street lights, etc.) and two or more of the amenities
set forth herein ensure a public benefit. To provide the developer with an
incentive to utilize the planned unit development process, the following
allowances may be incorporated into the proposal:
A. A variety of housing types may be included in residential projects,
including attached units, detached units, single family units, multi-family
units and multi-ownership units.
B. The minimum lot size of the zone may be reduced within the density
limits of the zone. "Density limits" defined as: the gross area less all
unbuildable area divided by the minimum lot size for the zone in which
the site is located.
C. Private streets may be utilized within the project, subject to the
standards of McCall City Code Title 9, Chapter 6, Subdivision and
Development Improvement Requirements, and the approval of the City.
When private streets are so approved, they shall be considered public
improvements for the purposes of this Chapter.
D. Setbacks for buildings within the interior of the project may be less than
required in the zone. A distance of ten feet (10') shall be maintained
between all detached buildings unless greater separation is required by
fire or building codes.
E. The conditions of approval applied to a planned unit development
concept plan shall be applied consistently to each subsequent phase and
the Final Development Plan unless otherwise agreed to by both the
applicant and the Council as specified in the Development Agreement.
F. Buildings may be clustered to preserve as open space. Clustering of
dwelling units, commercial and industrial uses are encouraged as long as
buffer yards, open space and emergency access are adequately planned.
Buffer yards shall be required to separate different uses in order to
eliminate or minimize potential interference and nuisances on adjacent
properties. The City may require clustering to avoid development in
river areas, floodways, foothills, wetlands, or other environmental
sensitive areas as, or to preserve tree groves.
Chapter 10, Planned Unit Development Page 10- 5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
G. Uses which are not allowed within the zone may be allowed as part of
the planned development, as described in this paragraph.
H. The maximum height for structures may be increased for projects in the
CBD Zone as described in § 3.10.08 M.
3.10.08 Development Standards
The development proposal shall be preplanned in its entirety and be
characterized by a unified site design. Approval of a PUD shall substantially
conform to the zone in which the development is located, except that a
zoning standard may be modified as part the PUD request. In addition, the
following development standards apply to PUD's:
A. Residential Density. The number of dwelling units allowed in a PUD shall
be calculated by taking the gross area, less the area set aside for non-
residential excepted uses, less open spaces, churches, schools, and
public roadways, and dividing by the minimum lot area per dwelling unit
required by the zone in which the site is located. An increase in the
computed allowable maximum may be permitted in conformance with §
3.10.02.4.
B. Yards. Along the periphery of the PUD, yards shall be provided as
required by regulation of the zone in which the development is located
unless an exception is provided. Where development already exists
within one hundred (100) feet of the PUD boundary at the periphery, the
yards shall be matched, where practical; e.g., side yards should be
provided adjacent to side yards, rear yards adjacent to rear yards and
front yards opposite front yards.
C. Off-Street Parking shall comply with the parking requirements of the
underlying zone. No common parking or maneuvering areas shall be
allowed within 20 feet of the boundary of the PUD, except where the PUD
is designed to be connected and integrated with an adjoining
development; otherwise, all common parking or maneuvering areas shall
be buffered from adjacent properties. The buffer area must be
landscaped, screened, or protected by natural features with the objective
of minimizing adverse impacts to surrounding properties. In addition to
the above requirements, where on-street parking is prohibited, at least
one-half additional parking space per dwelling unit shall be provided
either in approved parking bays along the street or in an off-street
parking area. In addition, parking space shall be planned for the many
types of recreational vehicles common to the McCall area, such as
trailers for snowmobiles, large motor homes, etc.
Page 10-6 Chapter 10, Planned Unit Development
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
D. Signs. Signs shall conform to the requirements of Chapter 9 of this Title.
E. Storm Water Management. The management of storm water shall
conform to the requirements of Title 9, Chapter 6.
F. Open Space/Common Areas/Amenities:
1. Unless otherwise approved, not less than ten percent (10 0/o) of the
total gross area of a residential PUD shall be retained as permanent
open space and shall not include strips of less than fifteen (15) feet
in width unless designed to accommodate a pedestrian access way,
pedestrian amenity, or a water feature such as a pond or stream.
Where a PUD contains more than twenty (20) multifamily dwellings,
a minimum of twenty percent (20%) of land area of the PUD shall
consist of open space. Of this required open space, portions may be
common area" used for recreational or other collective enjoyment
by occupants of the development, privately owned properties
dedicated by easements to assure that open space will be
permanent, and lands developed as active recreational areas or
preserved in their natural state when such areas contain unique
natural assets such as groves of trees, ponds, rivers or stream beds.
If ponds are to be considered as part of the required open space, no
more than twenty-five percent (25%) of the surface area of the
ponds shall be used to fulfill this requirement.
2. Dimension: In order to be functionally usable, open space should
exist in quantities of some minimum dimension. Therefore, the
areas of each parcel of open space to be used for active recreational
use shall have a size and shape consistent with the planned use.
3. Location: Open spaces shall be distributed within projects in
locations near the dwelling units of the people they are intended to
serve.
4. Land indicated as open space, common areas, amenities (tennis
courts, playgrounds, swimming pool, etc.), streets and sidewalks
shall be shown on the preliminary plan, and shall state on the plan
that they be permanently maintained as such either by a
homeowners association which provides private covenants, an
agreement with the developer, or if suitable and mutually agreeable,
by public dedications.
5. Amenities shall be provided as a part of each PUD. The number of
amenities (minimum of two) shall be proportionate to the size of the
development and may include but not be limited to any of the
following:
a, private recreational facilities such as a swimming pool, tennis
court, barbecue area or playground of a size appropriate to
meet needs of the development.
Chapter 10, Planned Unit Development Page 10- 7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
b. provision for public access to any public open space, park or
river greenbelt.
c. publicly dedicated land in a PUD for facilities such as school, fire
station, well site, public park, public recreational facility.
d. additional open space, above and beyond City standards, for
parkways, boulevards, or other features designed to mitigate
vehicle/traffic impact.
e. other amenities as approved by the Commission and Council.
G. Except in the CBD Zone all residential PUD's shall provide each dwelling
unit with a minimum of one hundred (100) square feet of private,
landscaped, open space. The Commission should evaluate each project
on its own merits and allow variations to the open space standard where
it can be shown that the provided space meets the intent and purpose of
the ordinance.
H. Required Setbacks. Attached structures may be permitted in PUD's. The
minimum separation between detached buildings shall be ten (10) feet
unless greater separation is required by fire or building codes.
I. Industrial, commercial, and technological uses shall be developed in
park-like surroundings including landscape as buffers to screen lighting
and parking areas.
J, Private Streets. Private streets may be utilized within the project,
subject to the requirements of Title 9, Chapter 6, when the following
requirements are met:
1. The Commission, after recommendation from City staff and the Fire
Chief, finds that the design of the proposed streets, pedestrian ways
and off-street parking is adequate to protect public health, safety
and welfare and will adequately accommodate anticipated uses
within the development, as well as appropriately contribute to the
City's need for a connected street network.
2. Private streets shall be owned by a homeowners' association and all
future repair and maintenance costs, including reconstruction, shall
be borne by the homeowners,
3. If the owners in the future should request that the private streets be
changed to public streets and no lots are rendered substandard as a
result, the owners do fully agree that, before acceptance of such
streets, the owners will bear full expense of reconstruction in
making such streets conform to the requirements applicable at that
time.
K. An exterior lighting plan shall be provided as required by Chapter 14,
Outdoor Lighting, of this Title.
Page 10-8 Chapter 10, Planned Unit Development
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
L. Maximum Height. The maximum height for structures may be increased
in PUDs for projects in the CBD Zone which include a substantial guest
lodging component, notwithstanding the provisions of § 3.4.04 or
Chapter 7, Special Districts to the contrary. Impacts related to any such
increase in height must be significantly outweighed by amenities,
features and public benefits of the project.
1. Amenities, such as: Public access to the riverside and lake shores,
benches, boating docks, etc.
2. Features, such as: Restaurants and/or lounges overlooking the river,
lakes and/or mountains, meeting rooms with a view of important
natural features, all features accessible to charitable or civic groups,
etc.
3. Public benefits, such as: Units of Community Housing, space
available to local small businesses, pedestrian walking and gathering
places with hard surfaces and benches overlooking natural features,
pocket and/or sculpture gardens, picnic areas with tables, etc.
3.10.09 Application Procedure
A. Pre-Application. Prior to the filing of an application for approval of a
PUD, the developer shall submit to the City a conceptual plan of the
development proposal to enable review and comment. Such plan may
be generalized in content and such submission shall not require the
official filing of an application and fee. The conceptual plan shall include
the following:
1. The general layout of the development showing at a minimum the
location of buildings, open space, types of landscaping, proposed
uses.
2. The existing conditions and characteristics of the land on and
adjacent to the proposed development site.
3. Information on plans for water, sewer, streets, drainage, and other
major components of infrastructure.
B. Pre-Application Review. The City staff and Fire Chief shall review said
plans and data as submitted and advise the developer as to the general
conformance or nonconformance of the proposed development with the
McCall City Code. Title 9, Chapter 2, Subdivision Plats and Procedures.
C. Preliminary Development Plan. Upon completion of the pre-application
review, if the developer elects to proceed with the PUD process, he shall
pay all fees and file with the City an application for a Preliminary
Development Plan and any other required application with the following
required information:
Chapter 10, Planned Unit Development Page 10- 9
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
1. All necessary information as specified for the PUD preliminary
development plan.
2. Fifteen (15) copies of preliminary development plan which shall
consist of drawings and supplementary written material adequate to
provide the following information:
a. statement of how the purpose and intent of § 3.10.01 will be
achieved by the PUD, including sketches or illustrations of the
proposed character of the development, a description of how
the PUD will relate to surrounding land uses and identified key
neighborhood features, if any, and whether a zone change,
zone map changes, Comprehensive Plan amendment, variance,
floodplain permit, and/or preliminary plat is also requested.
Include a description of each phase, if more than one.
b. an outline of the proposed PUD stating: land use allocation by
type, including the amount of land for housing, density, open
spaces, roadways and parking, the number and type of housing
units, commercial or industrial uses, and how necessary
services will be provided and whether services are publicly or
privately owned and operated.
c. preliminary drawings at a scale of 1" = 100'. The preliminary
drawings (fifteen copies are required) shall display the
following:
1) the name of the proposed PUD.
2) date, north point and scale of drawing.
3) legal description of the PUD other than metes and bounds,
sufficient to define its location and boundaries.
4) names, addresses and telephone numbers of the owners,
designer of the PUD, and engineer, planner and surveyor, if
any, and the date of the survey.
5) appropriate identification of the drawing as a preliminary
plan.
3. Fifteen (15) copies of a natural features map showing an inventory
of existing site features including:
a. ground elevations shown by contour lines at two foot (2')
intervals or less; five (5) foot intervals may be accepted for
slopes greater than ten (10) percent.
b. general soil types as documented by a soils engineer or
engineering geologist, if necessary.
c. fish and wildlife habitats, if any.
d. proposed and existing storm water facilities.
e. water features, such as ponds, wetlands and permanent or
intermittent watercourses.
f. areas subject to flooding.
Page 10-10 Chapter 10, Planned Unit Development
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
g. natural features, such as trees, historic sites, major rock
outcroppings, and similar irreplaceable amenities.
h. existing on-site or abutting sanitary sewer, storm drainage and
water supply facilities. If such facilities are not on or abutting
the site, indicate the direction and distance to the nearest such
facilities.
i. width, location and purpose of all existing easements of record
on/and abutting the site.
j. information on land areas contiguous and adjacent to the
proposed PUD and existing adjacent areas, including zoning
classifications, land uses, densities, circulation systems, public
facilities, unique natural features of the landscape, and
approximate locations of nearby structures. This map can be
displayed on an aerial photograph of the site, or the photo can
be provided separately.
4. Fifteen (15) copies of a proposed site plan showing:
a. the locations of dwelling units and/or individual lots.
b. location of major streets.
c. the proposed yard requirements or locations of single family
homes for individual lots, if any.
d. the existing and proposed traffic circulation system serving the
PUD including: off-street parking and maneuvering, points of
access to existing public rights of way, and a plan notation or
descriptive narrative outlining ownership of streets and parking
areas.
e. the existing and proposed pedestrian and bicycle circulation
system.
f. conceptual plans for all necessary services including their
location and whether the services will be publicly or privately
owned and maintained, including the location of utilities as
would tie into the project.
g. proposed location and treatment of any public or private
common areas or structures including open spaces, park or
recreation areas, and school sites.
h. the general treatment proposed for the periphery of the site.
i. the approximate amount, location and type of buffering and/or
landscaping.
j. proposed architectural styles.
k. the subdivider shall submit proposed restrictive covenants, in
outline form, as are required to insure continuing conformance
with the standards set forth in this Title, including, but not
limited to, building setback lines. The covenants shall also
include other conditions or restrictions that shall be applied to
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the subdivision, including architectural or design controls,
organization of a Homeowners' Association, assessments,
various Homeowners' committees, easements, and a legal
description of the property.
5. Environmental assessment, traffic study, grading plan or other study
necessary for the proposed site.
6. If the applicant is requesting preliminary subdivision plat approval
concurrently with the preliminary PUD approval, a preliminary
subdivision plat shall be submitted.
7. Development Schedule: A development schedule indicating to the
best of applicant's knowledge the approximate date on which
construction of all phases of the entire project can be expected to
begin, the anticipated rate of development, and completion date.
The schedule, if approved by the Commission, shall become a part
of the final development plan and shall be adhered to by the owner
of the property in the PUD and his successors in interest.
8. Any additional information required by the City staff or Commission.
D. Planning and Zoning Commission Review. The Commission shall review
the plans for conformance with this Chapter and set the date for a public
hearing. When a preliminary plat is to be considered as a part of the
PUD, the public hearings may be combined to fulfill the Title 9,
Subdivision Ordinance, requirements. After the public hearing, the
Commission shall recommend to the City Council approval, approval with
conditions, or disapproval of the PUD preliminary plat, if applicable.
E. Council Review. The Council shall hold a second public hearing and shall
approve, approve with conditions, or disapprove the PUD application.
The Council shall also approve, approve with conditions, or disapprove a
preliminary plat at this time, where applicable. Council's approval of the
plan shall be subject to the findings of this Section.
F. Final Development Plan. Within one (1) year after approval of the
preliminary development plan, the applicant shall submit to the City a
final development plan for the entire PUD or a final development plan for
the first phase of development if the PUD has been approved for phased
development. The applicant shall submit final development plans for any
subsequent phases within the time limit specified in the approval of the
preliminary development plan.
1. The Final Development Plan may be submitted to Commission upon
approval by the City of detailed improvement plans, including
private street construction, utility locations, drainage, dedications of
easements and public facilities, along with a proposed schedule for
phasing. Any necessary agreements for maintenance, etc., shall be
prepared and submitted for review and approval at this time.
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Title 3, Planning and Zoning, City of McCall
2. Items that shall be included in the final development plan are:
a. drawings and information. The final development plan shall be
drawn in clear and legible form on good quality tracing paper or
Mylar® drafting film at a reasonable size and scale to clearly
show all required information. Ten (10) prints of the plan made
from this drawing shall accompany the application.
b. information required on the plan. In addition to that required
by the preliminary development plan, or otherwise specified by
law, the following information shall be shown on the plan:
1) reference points of identified existing surveys related to the
PUD plan by distances and bearings and referenced to field
book or map, including stakes, monuments or other
evidence found on the ground and used to determine the
boundaries of the PUD.
2) the location and width of streets and easements
intercepting the boundary of the tract.
3) easements and storm water drainage facilities clearly
identified and, if already of record, their recorded
reference. The width of the easement, its length and
bearing, and sufficient ties to locate the easement with
respect to the PUD shall be shown. If the easement is
being dedicated by the plan, it shall be properly referenced
in the owner's certificates of dedication.
4) identification of land to be dedicated for any purpose,
public or private.
5) other plans and studies as required at preliminary approval
such as a grading plan, soils engineer report, traffic study,
detailed landscaping and buffering plans where required.
c. additional certificates or drawings. The following may be
combined where appropriate.
1) a certificate signed and acknowledged by all parties having
any recorded title interest in the land, consenting to the
preparation and recording of the PUD.
2) a certificate signed and acknowledged as above, dedicating
the land intended for public use, if any.
3) a certificate with the seal of and signed by the surveyor
responsible for the survey.
4) a title report issued by the title insurance company
verifying ownership by the applicant of real property that is
to be dedicated to the public.
5) a copy of any deed restrictions applicable to the PUD
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d. a detailed design plan for the PUD site including
1) the location of proposed buildings and structures, parking
and maneuvering areas and/or the location of allowable
building areas of individual lots, if any.
2) building setback lines, if any, that are to be made part of
the PUD restrictions.
3) the location and type of proposed buildings, structures or
improvements in common open space areas.
4) the location and detailed information for all proposed
streets, with approval by the City for public streets and fire
marshal for private streets.
5) a plan for water mains approved by the City and fire
hydrants approved by the Fire Chief.
6) a plan for sanitary sewer approved by the City.
7) a plan for storm water drainage with approval by the City.
8) plans for additional improvements such as pedestrian
ways, street lighting, public utilities, street trees, etc.
e. a landscaping and buffering plan for common open space areas,
the periphery of the PUD and other required locations. The plan
shall show area to remain in natural vegetation; and, in a clear
manner, the area, sizes, numbers and general types of plant
and other materials to be used. Revegetation of common open
space areas and periphery areas disturbed during the
construction of services, dwellings or other facilities proposed
during the construction schedule, if cannot be completed prior
to occupancy of dwellings or as otherwise required by the
conditions of approval, an improvement guarantee of a
sufficient amount shall be required to assure timely completion.
f. the subdivider shall submit in final form any restrictive
covenants or conditions that shall be applied to the subdivision,
including architectural or design controls, organization of a
Homeowners' Association, assessments, various Homeowners'
committees, easements, and a legal description of the property.
Also to be submitted, if required, are the final Bylaws and
Articles of Incorporation of the Homeowners Association.
G. Commission Recommendations on Final Plan. The Commission shall
recommend to the Council approval, approval with modifications, or
disapproval of the final development plan. The Commission shall base
an approval on evidence that the final development plan fulfills the
requirements of the preliminary PUD approval and all applicable
requirements of this Title and Title 9 have been met.
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Title 3, Planning and Zoning, City of McCall
H. Council Action on Final Plan, The Council shall approve, approve with
modifications, or disapprove the final PUD plan and the final subdivision
plat or phasing proposal, where applicable. Approval of the final plan
shall constitute the requirements for the land in the PUD. Any
subsequent changes from the final plan shall be subject to approval by
the Commission and the City Council.
3.10.10 Improvement Guarantees
A. Prior to issuance of building permits for structures, the applicant shall
either install and complete all private service improvements, including
streets, pedestrian ways, utilities, landscaping and buffering, or file an
improvement guarantee for these items.
B. The improvement guarantee is an agreement between the applicant and
City specifying a development schedule setting forth when service
improvements will be made.
C. The agreement shall be in a form satisfactory to the City Attorney, and
shall be filed with the City Clerk.
D. The applicant shall file with the agreement one of the following to assure
his full and faithful performance:
1. A certified check or checks;
2, A surety bond executed by a surety company authorized to transact
business in the State of Idaho.
3. An irrevocable letter of credit issued by a financial institution
authorized to do business in the State of Idaho.
4. Other surety acceptable to the City.
E. Performance bond. The developer may elect to provide a surety bond
from a company authorized to do such business in the State of Idaho.
The bond shall be in an amount equal to 125 percent of the estimated
cost of all unaccepted public improvements. The bond shall be payable
to the City in the event that any required public improvements are not
finally accepted in accordance with the provisions of this Title and shall
be posted by no person other than the developer.
F. Deposit in escrow. The developer may elect to deposit a cash sum equal
to the equal to 125 percent of the estimated cost of all unaccepted public
improvements either with the City or in escrow with a responsible
financial institution authorized to do such business in Idaho. In the case
of an escrow account the developer shall file with the City an escrow
agreement which includes the following terms:
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Title 3, Planning and Zoning, City of McCall
1. Funds of the escrow account shall be held in trust until released by
the City and may not be used or pledged by the subdivider as
security in any manner during that period other than as provided in
this paragraph. The funds may be used for payment of
improvements as made, except that the escrow holder shall
withhold from disbursement so much of the funds as is estimated by
the City to be necessary to complete the construction and
installation of such improvements, plus an overrun allowance as
provided above.
2. In the case of the failure of the developer to complete any
improvement within the required time period, the institution shall
immediately make all funds in such account available to the City for
use in the completion of those improvements.
G. At the discretion of the City, the improvement guarantee may be in the
form of separate bonds or checks covering individual portions or specific
types of improvements, rather than one bond or check covering all
required improvements.
H. Occupancy permits shall not be issued unless all improvements and
conditions of approval have been fulfilled to the satisfaction of the
Building Official or the applicant has filed an improvement guarantee for
all such items.
I. The Administrator shall not authorize the City Clerk to return the
improvement guarantee or guarantees until the improvements related to
the guarantee are completed to the satisfaction of the Administrator.
3.10.11 Extension of Preliminary Development Plan Approval
The applicant may request one (1) extension of the one (1) year time limit
not later than thirty (30) days prior to the expiration of the one-year time
limit of the preliminary development plan.
3.10,12 Amendments to the Final Development Plan
A. Any subsequent amendment to the final development plan changing
location, siting, and height of buildings and structures may be authorized
by the Commission without additional public hearings, if required by
engineering or other circumstances not foreseen at the time the final
plan was approved. In no case shall the Commission authorize changes
which may cause any of the following.
1. A change in the use or character of the development, including
ownership.
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Title 3, Planning and Zoning, City of McCall
2. An increase in overall coverage of structures or significant changes
in types of structures.
3. An increase of the intensity of use or types of usage.
4. An increase in the problems of traffic circulation and public utilities.
5. A reduction of off-street parking and loading space.
6. A reduction in required pavement widths.
B. All other changes in use, rearrangement of lots, blocks and building
tracts, or in the provision of common open spaces and changes in
addition to those listed above which constitute substantial alteration of
the original plan shall require a public hearing before the Commission
and approval by the Council.
C. Expiration:
1. On the anniversary year after general development plan and
program approval, until the project is complete, the applicants or
applicants' successors, shall file a progress report. If substantial
construction or development has not taken place within four (4)
years from the date of approval of the general development plan
and program, the Commission shall review the PUD program at a
public hearing to determine whether or not its continuation, in whole
or in part, is in the public interest, and, if found not to be, shall
recommend to the Council that the PUD approval be revoked.
2. After action by the Commission, the Council shall consider the
matter and by resolution accept or reject it or return it to the
Commission for further action. Notice and hearing shall be provided
according to the same procedures as are then applicable to a new
application, with the present owner of the property being sent notice
by certified mail, return receipt requested; the City is entitled to rely
on the County Tax Assessor's records and a title company title
search for the name and address of the current owner(s).
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Title 3, Planning and Zoning, City of McCall
Chapter 11
Non-Conforming Buildings, Structures and Uses
3.11.01 Nonconformities - Purpose 11-1
3.11.02 Nonconforming Lots of Record 11-2
3.11.03 Nonconforming Structures 11-2
3.11.04 Nonconforming Uses of Land 11-3
3.11.05 Uses Permitted Under Conditional Use Provisions 11-3
3.11.06 Nonconforming Uses of Structures 11-3
3.11.07 Repairs and Maintenance 11-4
3.11.08 Nonconforming Parking, Loading, or Other Characteristics
of Use 11-4 '
3.11.09 Continuity of Prior Conditional Uses and Variances 11-5
3.11.01 Nonconformities - Purpose
A. Within the zones established under this Title or amendments that may later be
adopted, there may exist lots, structures, uses of land and structures, and
characteristics of use which were lawful before the effective date of the applicable
regulations, but which would be prohibited, regulated, or restricted under the
terms of this Title or future amendment. It is the intent of this Chapter to permit
these nonconformities to continue until they are removed, but not to encourage
their perpetuation. It is further the intent of this Chapter that nonconformities
shall not be enlarged upon, expanded or extended, nor be used as grounds for
adding other structures or uses prohibited elsewhere in the same zone.
B. Nonconforming uses are declared by this Chapter to be incompatible with
permitted uses in the zones involved. A nonconforming use of land or structure,
or a nonconforming use of land and structure in combination, shall not be
extended or enlarged after passage of this Chapter by the addition of other uses
of a nature which would be prohibited in the zone.
C. To avoid undue hardship, nothing in this Chapter shall be taken to prohibit
completion of construction of a structure for which a building permit has been
issued prior to the adoption of this Title.
D. Design Review (see Chapter 16) is required for all new construction or major
exterior remodeling (in the judgment of the administrator) of a principal dwelling
unit on nonconforming lots of record.
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Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.11.02 Nonconforming Lots of Record
In any zone in which single family dwellings are permitted, notwithstanding limitations
imposed by Chapters 3 through 7 of this Title, a single family dwelling and customary
accessory buildings may be erected on any lot that was of record on the effective date
of the applicable regulations. Setback and lot coverage requirements applicable to
those nonconforming lots of record shall be those of the zone with the largest lot area
requirement within which the lot would be conforming. A lot which fails to be
conforming in any zone shall maintain a front yard of twenty (20) feet, side yards of
five (5) feet, rear yard of five (5) feet, and maximum lot coverage of fifty percent
50%).
111.03 Nonconforming Structures
Where a lawful structure existed on the effective date of the applicable regulations,
that could not be lawfully built under the terms of current regulations, by reason of
restrictions on area, lot coverage, height, yards, location on the lot, or other
requirements concerning the structure, such structure may be continued so long as it
remains otherwise lawful, subject to the following provisions:
A. No such nonconforming structure may be enlarged or altered in a way which
increases the nonconformity, but any structure or portion thereof may be altered
to decrease its nonconformity.
B. Should such nonconforming structure or nonconforming portion of structure be
damaged by any means to an extent of more than fifty percent (50%) of its
replacement cost at time of destruction, it shall not be reconstructed except in
conformity with the provisions of this Title; provided, that the owner of such
structure may repair or reconstruct the same structure, on the same footprint, and
in the process may alter it to decrease its nonconformity, so long as:
1. Within eighteen (18) months after the date of such damage or destruction the
owner commences such repair or reconstruction, and diligently prosecutes the
work to completion in accord with then applicable building codes; and
2. No other, non-conforming structure was constructed on that site during the
eighteen (18) month period.
C. When a nonconforming structure is moved for any reason over any distance, it
shall conform to the regulations for the zone to which it is moved.
D. A nonconforming residential structure in a residential zone may be enlarged, so
long as the addition to the structure conforms to all the requirements of the zone.
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Title 3, Planning and Zoning, City of McCall
3.11.04 Nonconforming Uses of Land
Where at the time of the adoption of applicable regulations, lawful use of land existed
which would not be permitted by the regulations imposed by this Title, and where such
use involves no individual structures other than small or minor accessory buildings, the
use may be continued so long as it remains otherwise lawful, provided:
A. No such nonconforming use shall be enlarged or increased.
B. No nonconforming use may be moved in whole or in part to any portion of the lot
or parcel other than the nonconforming use occupied at the time of the adoption
of regulations prohibiting such use,
C. If any nonconforming use of land ceases for any reason for more than eighteen
months, any subsequent use of land shall conform to the regulations specified by
this Title for the zone in which such land is located; provided, however, that the
owner of such land may, in writing, file with the Administrator during or before
such eighteen month period expires, give notice that the owner intends to
suspend the use and intends to preserve the right, not exceeding three (3) years,
to resume the use.
D. No additional nonconforming structure(s) shall be erected in connection with such
nonconforming use of land.
3.11.05 Uses Permitted Under Conditional Use Provisions
A use existing on the effective date of the applicable regulations that is permitted as a
conditional use in the zone in which it is located under the terms of this Title, shall not
be deemed a nonconforming use, Such use shall be considered to exist as a conditional
use. The use shall not be expanded spatially or otherwise changed or intensified prior
to the approval by the Commission of conditions of approval for the use. The scope
and conditions upon the conditional use shall be governed by the Commission pursuant
to Chapter 13 of this Title; the Commission may, after notice and hearing, recommend
to the Council the imposition of conditions of approval.
3.11.06 Nonconforming Uses of Structures
If lawful use involving individual buildings or structures, or of structure and land in
combination, exists on the effective date of the applicable regulations, that could not
be lawfully commenced under the terms of current regulations, the use may be
continued, subject to the following provisions:
A. No existing structure devoted to use not permitted by this Title in the zone in
which it is located may be enlarged, extended, constructed, reconstructed, moved,
or structurally altered unless the use of the structure is changed to a use
permitted in the zone.
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Title 3, Planning and Zoning, City of McCall
B. Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed expressly for such use on the effective date
of the applicable regulations, but no such use shall be extended to occupy any
land outside such buildings that existed at the time the use became
nonconforming.
C. Any structure and land, in or on which a nonconforming use is replaced by a
permitted use, shall thereafter conform to the use regulations for the zone, and
the nonconforming use may not be resumed.
D. If any nonconforming use of a structure and land is discontinued or abandoned for
eighteen (18) months, the structure and land shall not be used except in
conformity with the regulations of the zone in which it is located; provided,
however, that the owner of such use may, in writing, file with the Administrator
during or before such eighteen months period expires, give notice that the owner
intends to suspend the use and intends to preserve the right, not exceeding three
3) years, to resume the use.
E. Where nonconforming use status applies to a structure and premises, removal or
destruction of the structure shall eliminate the nonconforming status of the land.
Destruction" for purposes of this subsection is defined as damage to an extent of
more than fifty percent (50%) of the replacement cost at time of destruction.
3.11.07 Repairs and Maintenance
For any nonconforming structure containing a nonconforming or permitted use,
ordinary repairs, repair or replacement of nonbearing walls, fixtures, wiring, or
plumbing to an extent not exceeding ten percent (10%) of the current replacement
cost of the nonconforming structure or portion of structure may be made. Nothing in
this Chapter shall be deemed to prevent the strengthening or restoring to a safe
condition of any nonconforming structure or part thereof declared to be unsafe by the
Building Inspector.
3.11.08 Nonconforming Parking, Loading, or Other Characteristics of Use
If the characteristics of a use, such as off-street parking, off-street loading, lighting or
other matters required by this Title in relation to specified uses of land, water areas,
structures or premises, are not in accord with this Title, no change shall be made in
such characteristics of use which increase nonconformity with such requirements.
Change shall be permitted in the direction of conformity to these requirements.
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January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
3.11.09 Continuity of Prior Conditional Uses and Variances
Any valid then "special use" or variance granted prior to (date of adoption) shall be
permitted to continue in accordance with the terms and conditions of approval for such
special" (now known as "conditional") use or variance.
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Title 3, Planning and Zoning, City of McCall
Chapter 12
Planning and Zoning Commission
3,12.01 Commission Created; Purpose 12-1
3.12.02 Qualifications; Term of Office 12-1
3.12.03 Organization 12-2
3.12.04 Compensation; Reports; Meetings 12-2
3.12.05 Duties 12-2
3.12.06 City Departments to Cooperate 12-3
3.12.07 Relation to Other Boards 12-4
3,12.08 Authority to Expend Money Withheld 12-4
3.12.01 Commission Created; Purpose
A. A McCall Area Planning and Zoning Commission (the Commission) is
created for which the jurisdiction consists of matters relating to lands
within the City Limits of the City of McCall and matters entrusted by the
Idaho Code to the Planning and Zoning Commission of the City, referred
to in the rest of this Chapter and Title as the Planning and Zoning
Commission or the Commission.
B. By agreement the City of McCall Council (the Council) and the Board of
Valley County Commissioners (the Board) assign to the McCall Area
Planning and Zoning Commission jurisdiction which consists of the
matters relating to lands outside the City Limits of the City of McCall and
within the City of McCall Area of City Impact.
C. The Council is the Governing Authority in legislative matters for the City,
and in quasi—judicial or administrative matters for both the City and the
Impact Area; the Board is the Governing Authority in legislative matters
for the Impact Area.
3.12.02 Qualifications; Term of Office
A. Commission shall consist of seven members: four appointed by the
Mayor with the consent of the Council, and three appointed by the
Board. Appointments shall be made without respect to affiliation. All
members shall be residents of the City or the Area of City Impact for a
period of at least two years prior to appointment.
B. The members in office on (date of adoption), shall continue in office
each for her or his unexpired term, Thereafter, their successors shall be
appointed for and shall hold office for a term of three years. By law,
Chapter 12, Planning and Zoning Commission Page 12-i
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
members may serve for two full consecutive terms; filling the remainder
of an unexpired term with more than two and one-half years remaining
will qualify as a full term. Members may be removed by a majority vote
of the Governing Authority which appointed them. The Governing
Authority may remove a member for unacceptable performance of their
duties, including but not limited to chronic absenteeism. In the event of
the death, resignation, or any other vacancy in the Commission, the
vacancy shall be filled in accordance with paragraph A. above.
3.12.03 Organization
The Planning Commission shall at its first meeting each calendar year elect a
Chairman and a Vice Chairman who shall be members and shall serve for a
term of one year. The Commission shall request that the Administrator
provide a Secretary who shall not be a member of the Commission. The
Commission shall prepare and keep current Bylaws which outline the
functioning, conduct of meetings, organization, rules of order, voting and
agenda preparation of the Commission.
3.12.04 Compensation; Reports; Meetings
A. Members of the Commission shall receive no compensation. The staff
shall keep an accurate record of all proceedings of the Commission and
shall distribute copies of the minutes of the Commission, and other
pertinent documents as a record of decisions or recommendations, to
the City Manager and members of the Council and to the Valley County
Board of Commissioners.
B. The Commission shall hold at least one meeting each month on a regular
day and at a regular time fixed in its Bylaws. Pending adoption of such
Bylaws by resolution of the Commission and approved by resolution of
the Council, the Commission shall hold a meeting on the first Tuesday of
each month at 7:00 p.m., unless otherwise noticed and/or there is no
business to transact. The Commission shall meet at such other times
and dates as may in its judgment be necessary.
3.12.05 Duties
The duties of the Commission include:
A. Meet jointly with the Valley County Planning and Zoning Commission for
the purposes of recommending a Comprehensive Plan for the
development of the Planning Jurisdiction. Other duties are to plan for
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Title 3, Planning and Zoning, City of McCall
and recommend the laying out, widening, extending and locating of
streets, roads and highways for the relief of traffic, for density of
population and development of land within the jurisdiction of the
Planning Jurisdiction, for the future growth, development and
beautification of the Planning Jurisdiction in respect to its public
buildings, streets, parks, grounds and lands consistent with the future
growth and development of the Planning Jurisdiction, all in order to
promote the public health, safety, and welfare of the inhabitants
thereof, and to give suggestions and advice to individuals concerning
landscaping or location of buildings, structures or works to be erected,
constructed or altered by for such individuals. The Commissions shall
cooperate with other and like commissions along the lines and purpose
prescribed in § 50-1101 through 50-1106, Idaho Code.
B. Recommend amendments to the McCall Comprehensive Plan and City
Code, and develop regulations and other related matters pursuant to §
676511, Idaho Code.
C. Recommend the granting or denial of Variances, Conditional Use
Permits, subdivisions, Planned Unit Developments, amendments to the
zoning map, vacation of streets, and other decisions authorized by
McCall ordinances, which recommendations shall only be made in the
form of Findings of Fact and Conclusions of Law, pursuant to Idaho Code
67-6535, and only through the procedures (including hearings)
required by Chapters 13 and 15 of this Title.
D. Review and make recommendations for the administration of this Title 3
and Title 9, Subdivision and Development Provisions.
F. Carry out the duties delegated by the City Manager and City Council and
the Idaho Code.
F. Propose, review and approve any amendments to this Title or Title 9
before action by the Council and/or Board.
G. Perform the duties as delineated in Chapter 16, Design Review.
3.x 2.06 City Departments to Cooperate
All departments and employees of the City shall cooperate with the
Commission, and furnish to the Commission maps, reports and all available
data necessary for the Commission properly and adequately to carry out its
functions. The Commission is also authorized to appoint such technical and
advisory committees as are necessary to carry out its work, and to call upon
the citizens of the community and the various civic organizations for
cooperation and assistance to the end that a coordinated program of
Planning Jurisdiction planning and zoning may be promoted.
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Title 3, Planning and Zoning, City of McCall
3.12.07 Relation to Other Boards
Nothing in this Title shall be construed as infringing upon the authority
previously granted to any existing commission or board, provided that such
commission or board shall coordinate their activities to the end that an
updated Comprehensive Plan for the Planning Jurisdiction may be prepared.
3.12.08 Authority to Expend Money Withheld
The Commission shall have no authority to make expenditures on behalf of
the City, or obligate the City for the payment of any sum of money unless
authorized by the Council, who shall specify the administrative method by
which such funds shall be expended,
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January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 13
Permits and Applications
3.13.01 Administrative Approval 13-1
3.13.02 Variances Authorized 13-2
3.13.03 Conditional Use Permit Standards 13-6
3.13.04 Zoning Ordinance Amendments 13-13
3.13.05 Zoning Map Amendments 13-13
3.13.06 Zoning Upon Annexation 13-15
3.13.07 Development Agreements, Zoning Action 13-16
3.13.08 Community Impact Review 13-18
3.13.01 Administrative Approval
Certain types of permitted uses, identified in Chapters 3 through 7 of this
Title, require administrative approval by the Community Development
Director or an appointed representative. Applications for administrative
approval shall be processed in accordance with the provisions of this Chapter.
A. The Community Development Director shall approve or deny applications
for administrative approval within fifteen (15) working days after receipt
of a completed application. Approval may be made contingent upon
such conditions as are reasonably necessary to secure the public
welfare. The Community Development Director may require guarantees
to assure removal of temporary uses and of any debris or refuse
resultant there from, so as to restore the premises to its prior condition
and shall establish the date of such removal. In approving an
application for administrative review, the Director's decision shall be
based on the following criteria:
1. Applicable provisions of this Title and Title 9 are met.
2. Adequate public facilities and services may be provided.
3. No adverse impact to adjoining property will result from the land
use application, or that conditions of approval can mitigate such
impacts.
B. Any administrative application denied by the Community Development
Director shall not be resubmitted in either the same or substantially the
same form in less than one year from the date of final action thereon.
C. Unless otherwise stated, the term of an administrative approval shall not
exceed 18 months. Within this period, the holder of the permit must:
1. Acquire construction permits and commence placement of
permanent structures on or in the ground; or
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Title 3, Planning and Zoning, City of McCall
2. Commence the use permitted by the administrative approval in
accordance with the conditions of approval.
3.13.011 Revocation of Administrative Approval
Upon violation of any of the conditions or terms of the administrative
approval issued pursuant to this Chapter, the Community Development
Director may cause the approval to be revoked.
3.13.012 Lapse of Administrative Approval
An administrative approval shall lapse and become void whenever the
building permit or license either lapses or is revoked, or whenever the use or
occupancy specified has ceased to exist, or has been suspended for 180
calendar days or longer.
3.13.013 Appeal of Administrative Actions
Appeals of administrative approvals, denials, revocations or any other
administrative actions shall be processed in accordance with the
requirements of Chapter 15, Procedures, Appeals, and Action, of this Title.
3.13.02 Variances Authorized
A. The Commission will set the date for and hold a public hearing and
subsequently make recommendations to the Council for approval or
denial of the request in accordance with the provisions set forth in
Chapter 15, Procedures, Appeals, and Actions, of this Title. The power to
grant variances does not extend to use regulations.
B. Variances shall not be granted on the grounds of convenience or profit,
and hardships created by a former or present owner of the property will
not justify a variance.
C. A variance may be granted modifying the requirements of this Title
respecting: lot width; lot depth; front, side, and rear yard setbacks; lot
coverage; parking space; height of buildings; or other ordinance
provisions affecting the size or shape of a structure or the placement of
the structure upon lots, or the size or shape of lots. A variance may not
be used to authorize a land use not otherwise allowed in the applicable
zone or to increase the density of development beyond that which is
authorized in the Comprehensive Plan.
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Title 3, Planning and Zoning, City of McCall
D. The Commission may grant variances to the regulations prescribed by
this Title, and Title 9, in accordance with the procedures prescribed in
this chapter, with respect to any property development standard,
performance standard, sign, accessory structure, wall or fence.
E. In the event that a variance is granted, the restricting zoning
regulation(s) shall be varied only to the extent necessary to relieve the
applicant of the immediate hardship; the existence of hardship does not
confer upon the applicant a right to a variance where the function of the
proposed construction can be made to conform to the requirements of
this Title.
F. In granting any variance, the Commission may prescribe appropriate
conditions of approval in conformity with this Title to reduce the impact
of the variance. One such condition of approval shall be a stated date
before which it must be exercised, or lapse.
3.13.021 Variance Standards
A variance shall not be granted unless the Commission makes specific
findings of fact based directly on the particular evidence presented to it which
support conclusions that the standards and conditions have been met by the
applicant. The Commission may grant a variance only upon the following
findings:
A. Special physical conditions and circumstances applicable to the land,
structure or building involved make a literal enforcement of the
provisions of this Title an undue hardship; provided that:
1. Economic hardship alone is not to be considered as an undue
hardship; and
2. The special conditions and circumstances are peculiar to the land,
structure or building involved, and are not applicable to other lands,
structures or buildings conforming to this Title in the vicinity; and
3. That these special conditions and circumstances do not result from
the actions of an owner of the land; provided that for purposes of a
variance as to the characteristics of a building, a subdivider who is
not the Applicant is not to be considered an owner for these
purposes.
B. Granting the variance would preserve for such property privileges
enjoyed by other property in the vicinity; provided that:
1. no nonconforming use of neighboring lands, structures or buildings
in the same zone, and no use of lands, structures or buildings in
other zones, shall be considered a privilege enjoyed by other
property in the vicinity; and
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Title 3, Planning and Zoning, City of McCall
2. granting the variance requested will not confer on the applicant any
special privilege that is denied by this Title to other lands, structures
or buildings in the same zone, and affected by the same conditions
and circumstances.
C. Granting the variance would not be in conflict with the public interest
and will not alter the essential character of the neighborhood or violate
the Comprehensive Plan.
3.13.022 Variance Application
To obtain a variance an Applicant shall first submit a written application for a
variance to the Commission containing:
A. Description of the nature of the variance requested.
B. A narrative statement demonstrating with specificity that the requested
variance meets each and every standard set out in § 3.13.021.
C. Fees shall be paid by the applicant at the time of filing an application
which shall include application/filing fees, publication fees and postage.
Fees shall be in accordance with a fee schedule established periodically
by the Council by Resolution.
D. A list of all affected property owners within 300 feet of the subject parcel
must accompany the application.
E. If the variance is sought by reason of surveyable conditions, a survey of
the lands in question by a registered professional surveyor showing that
the conditions exist.
3.13.023 Lapse of Variance
A. Variances granted prior to (date of approval) shall lapse in accordance
with the terms and conditions of their approval. A variance for a
structure, granted prior to (date of approval), the conditions of approval
of which had no stated date before which it must be exercised or lapse,
shall lapse only when and if:
1. the variance has not been exercised and the Applicant has not
changed position in reliance on the same; and
2. the variance related to construction of a structure at a time stated
by the Applicant, proof of that statement is in the record of the
application, and 1.5 times the period between the date of approval
of the variance and the time stated by the Applicant has passed
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without an application for a building permit having been submitted,
and without further application to the Commission.
B. Variances granted after (date of approval) shall be exercised within
twelve (12) calendar months of the date of City Council approval of the
variance, unless otherwise provided in the conditions of approval. An
unutilized variance expires after such time has passed. This time limit
shall not be extended, In the event the permit lapses, the applicant must
make a new application for the permit.
3.13.024 Violation of Conditions of Approval of a Variance
Violation of the conditions of approval of a variance is a violation of this Title
subject to civil and criminal sanctions. The Council may, further, upon the
recommendation of the Commission containing findings of fact that the
conditions of approval are being chronically violated, and in accordance with
the provisions for notice and hearing set forth in Chapter 15, revoke a
variance or modify the conditions of its approval.
3.13.025 Variance Application Environmental Assessment
The Commission may require an environmental assessment to be submitted
prior to the issuance of any variance permit when there is an operation,
material or activity which constitutes a potential threat to public health,
safety and welfare or to the quality of the environment. When requiring such
an assessment the precise nature of the items to be analyzed in the
environmental assessment shall be indicated. The Commission may require
that the assessment be over the signature and stamp (where applicable) of
one or more individuals or firms with demonstrated professional competence
to make such an assessment.
3.13.026 Recordation of Variances
A. Recordation of Variances. No variance shall be in effect until the City
records in the Office of the Valley County Recorder a Notice of Decision,
Findings of Fact and Conclusions of Law of the Council. Fees shall be
paid by the applicant at the time of filing an application which shall
include application/filing fees, publication fees and postage. Fees shall
be in accordance with a fee schedule established periodically by the
Council by Resolution.
B. The Applicant shall provide the necessary funds to the City to pay all
fees charged by the Recorder and a reasonable processing fee set by
resolution of the Council.
Chapter 13, Permits and Applications Page 13-5
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Title 3, Planning and Zoning, City of McCall
3.13.03 Conditional Use Permit Standards
In the various zones certain uses are permitted, subject to the granting of a
Conditional Use Permit. Because of their unusual characteristics, these uses
require special consideration so that they may be located properly with
respect to the objectives of this Title (and Title 9) and with respect to their
effects on surrounding properties. In order to achieve these purposes, the
Commission is empowered to grant or deny applications for Conditional Use
Permits as are prescribed in this chapter and to impose reasonable conditions
upon the granting of such permits.
A. The Commission will set the date for and hold a public hearing and
subsequently make recommendations to the Council for approval or
denial of the request in accordance with the provisions set forth in
Chapter 15, Procedures, Appeals, and Actions, of this Title.
B. A Conditional Use Permit shall be granted only if the Commission finds
that the use, as applied for, in fact will:
1. Constitute a conditional use authorized in the zone involved.
2. Be harmonious with and in accord with the general objectives and
with any specific objectives of the Comprehensive Plan and/or this
Title.
3. Be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
likely character of the neighborhood, and that such use will not
change the essential character of the surrounding area.
4. Not be detrimental to the health, safety and general welfare of
persons residing or working in the neighborhood of such proposed
use.
5. Not cause any substantially harmful environmental consequences to
any land or waters within the Planning Jurisdiction.
6. Not create excessive additional public cost for public facilities and
services, and will not be detrimental to the economic welfare of the
community.
7. Be served adequately by essential public facilities and services
including highways, streets, police and fire protection, drainage
structures, refuse disposal, water and sewer, and schools. The
applicant may be required, as a condition of approval, to mitigate
any deficient public service.
8. Not involve uses, activities, processes, materials, equipment or
conditions of operation that will cause unreasonable production of
traffic, noise, smoke, fumes, glare, odors or other forms of
pollution.
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9. Have vehicular approaches to the property so designed as not to
create a detrimental interference with traffic on surrounding public
or private thoroughfares, or adversely affect the pedestrian
environment.
10. Not result in the destruction, loss or damage of an important
natural, scenic or historic feature.
11. Be on a site of sufficient size to accommodate the proposed use,
including the yards, open spaces, snow storage, walls, fences,
parking areas, loading zones and design standards applicable.
12. Have a minimal economic impact on the neighborhood or
surrounding community.
C. The Commission may, after review of the application for a Conditional
Use Permit and public hearing, require the applicant to meet any specific
conditions of approval deemed necessary by the Commission to protect
the health, safety, general welfare and environment of the community.
Such conditions are not limited to, but may include:
1. Limitations on the hours of operation of the use;
2. Limitations on the length of time that the Conditional Use Permit
may be exercised before it will expire by its own terms;
3. Additional landscaping and building beautification;
4. Additional or reduced off-street parking or transportation
improvements; and/or
5. Execution of a written agreement respecting construction of
necessary improvements similar in form and content to a
Subdivision Agreement, with its performance secured in the same
fashion as performance of a subdivision agreement.
D. Upon recommending approval of a Conditional Use Permit, the
Commission may impose more restrictive standards than those generally
required.
3.13.031 Additional Conditional Use Permit Standards for Camps
A conditional use for a camp may be approved only if the Commission finds
that the use, as applied for:
A. Meets the general standards in § 3.13.03; and
B. Will not have a permanent negative impact on those items listed below
substantially greater than that anticipated from permitted development:
1. pedestrian and vehicular traffic circulation and safety;
2. the demand for and availability of public services and facilities;
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3. disruption of enjoyment of neighboring properties by excessive
noise;
4. environmental pollution or contamination to air and water
resources; or
5, the maintenance of compatible and efficient development patterns
and land use intensities.
3.13.032 Application for a Conditional Use Permit
A. To obtain a Conditional Use Permit for all conditional uses other than
camps, an Applicant shall first submit a written application for a
Conditional Use Permit to the Commission containing:
1. Name and address of the applicant.
2. Legal description and address of the property.
3. A plan of the proposed development, prepared over the signature
and stamp (where applicable) of one or more individuals or firms
with demonstrated professional competence appropriate to the
proposed use, including:
a. a plot plan of the property, drawn to scale, to include the type
and location of all existing buildings and structures, parking and
landscape areas and signs. Elevation plans shall be of sufficient
detail to indicate the type and color of materials to be
employed, the height of proposed buildings, methods of
illumination for signs, and other information as required by the
Administrator. Screening, landscaping and irrigation plans shall
be included in the plans.
b. relationship of proposed development use to the use indicated
in the Comprehensive Plan;
c. the relationship of the property to the surrounding area;
d. the plan of subdivision or re-subdivision, if any, drawn to scale;
e. land uses, building location and number of dwelling units;
f, the arrangement of streets, utilities, and other easements and
pedestrian ways, drawn to scale;
g. the location of off-street parking spaces and loading or service
areas, drawn to scale;
h. the location of public or communal open space, drawn to scale;
i. plans for site grading and preservation of existing vegetation;
j. plans for water supply, sewage disposal, storm water drainage
and snow storage; and
k. a plan for exterior lighting as required by Chapter 14, Outdoor
Lighting, of this Title.
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Title 3, Planning and Zoning, City of McCall
4. A narrative statement evaluating the effects on adjoining property
of such elements as noise, glare, odor, fumes and vibration; a
discussion to the general compatibility with adjacent and other
properties in the zone; and the relationship of the proposed use to
the Comprehensive Plan.
5. Statement indicating the precise manner of compliance with each of
the applicable provisions of this Title, together with any other data
pertinent to the findings prerequisite to the granting of a Conditional
Use Permit.
6. Statement that the Applicant is the owner or the authorized agent of
the property on which the use is proposed to be located.
7. Fees shall be paid by the applicant at the time of filing an
application which shall include application/filing fees, publication
fees and postage. Fees shall be in accordance with a fee schedule
established periodically by the Council by Resolution.
B. The application for a conditional use for a camp shall include the
following materials and information, in lieu of those set out in A, above:
1. Legal description of the property.
2. A plan of the proposed development, including:
a. the location within the parcel of the activity areas, and, with
respect to each such area:
1) the activities to occur in it, and the approximate hours
during which such activities are projected to occur;
activity" for these purposes means any human activity or
conduct during operation of the camp;
2) the total amount of building floor area, if any, of the fixed
facilities (classrooms, chapels, dining halls, health facilities,
offices, commissary and shop buildings, shower and
sanitary buildings, etc.) to be included within it, and what
those facilities are; if such facilities will be visible from
lands exterior to the parcel, either the design of such
facilities is to be included in the application, or the
application shall consent to mandatory design review for
approval at such later time as design is accomplished, and
prior to the issuance of any building permit for the same;
3) the total number of projected occupants in each activity
area at any one time;
4) sanitary facilities, including showers and toilets; where
interior to a fixed facility, so indicate and show the number
of each;
b. principal drainage systems or drainage requirements;
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c. circulation elements; the arrangement of streets, utilities, and
other easements and pedestrian ways;
d. open space, and maintenance of open space;
e. such other items as may be planned, whether or not described
in this section;
f. relationship of proposed use to the use indicated in the
Comprehensive Plan;
g. the relationship of the property to the surrounding area; and
proposed rules for the setback of activity area perimeters and
fixed facilities from the exterior boundary of the parcel;
h. the location of off-street parking spaces and loading or service
areas;
i. plans for site grading and landscaping of areas visible from
public roads;
j, plans for water supply, sewage disposal, storm water drainage
and snow storage; if use of public facilities such as water or
sewer is anticipated, the estimate volume of consumption or
discharge, as the case may be, on peak days and at peak
hours; and
k. the peak number of persons projected to be on the parcel at
any one time, and the average daily population, if different.
3. A narrative statement evaluating the effects on adjoining property
of such elements as noise, glare, odor, fumes and vibration; a
discussion of the general compatibility with adjacent and other
properties in the vicinity; and the relationship of the proposed use
to the Comprehensive Plan.
4. A narrative statement describing the activities of the camp.
5. A statement that no activity will be carried on where the generation
of profit is a principal purpose; thus, a camp approved as a
conditional use is not permitted to operate a de-facto motel or
tourist facility; nothing in this paragraph is intended to limit a camp
in operating a trading post for the sale of snacks, personal use
items, uniforms, equipment, and the like, to campers.
6. Fees shall be paid by the applicant at the time of filing an
application which shall include application/filing fees, publication
fees and postage. Fees shall be in accordance with a fee schedule
established periodically by the Council by Resolution.
3.13.033 Conditional Use Permit Environmental Assessment
The Commission may require an environmental assessment to be submitted
prior to the issuance of any Conditional Use Permit when there is an
operation, material or activity which constitutes a potential threat to public
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Title 3, Planning and Zoning, City of McCall
health, safety and welfare or to the quality of the environment. When
requiring such an assessment, the Commission shall identify the items that
shall be assessed. The Commission may require that the assessment include
the signature and stamp (where applicable) of one or more individuals or
firms with demonstrated professional competence to make such an
assessment.
3.13.034 Expiration of Conditional Use Permit
A. Conditional Use Permits granted prior to (date of approval), shall
expire in accordance with the terms and conditions of their approval. A
conditional use granted prior to (date of approval), the conditions of
approval of which had no stated date before which it must be exercised
or expire, shall expire only when and if:
1. the conditional use has not been exercised and the Applicant has
not materially changed position in reliance on the same; and
2. the conditional use related to commencement of a use at a time
stated by the Applicant, proof of that statement is in the record of
the application, and 1.5 times the time between the date of
approval of the conditional use and the time stated by the Applicant
has passed without further application to the Commission.
B. Conditional Use Permits granted after (date of approval) shall be
conditioned upon exercise within twelve (12) calendar months of the
date of City Council approval, unless the Council finds that it is
unreasonable to impose that short a time limit and imposes a longer,
also specific time limit. An unutilized Conditional Use Permit shall
automatically expire after such time has passed. The time limit shall not
be extended by amendment of existing conditions of approval. A
continuation of a conditional use beyond the stated expiration date may
only be permitted upon an application by the applicant according to the
substance and procedure for a new conditional use.
3.13.035 Conditional Use Permit Recordation
A. A Conditional Use Permit shall be in effect when the City records in the
Office of the Valley County Recorder the findings and conclusions of law
adopted by the Council:
B. The Applicant shall provide the necessary funds to the City to pay all
fees charged by the Recorder and a processing fee set by resolution of
the Council.
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Title 3, Planning and Zoning, City of McCall
3.13.036 Rental of Accessory Dwelling Units
Accessory dwelling units located with any residential or commercial zone may
be rented by the owner upon approval of an Administrative permit pursuant
to § 3.13.01.
A. Permits are good for one year and must be renewed annually to be valid.
Permits will expire automatically one year after the application is filed
and accepted by the City unless renewed.
1. The applicant may reapply for a permit renewal in writing to the
Administrator; no further hearing will be required unless the
Administrator determines, through review of the previous history of
this permit, there have been excessive complaints by the police
department or violations of the terms of the permit.
2. Reapplication should be filed at least forty five (45) days before
expiration to assure renewal before expiration.
B. There is no recordation required (see § 3.13.035).
C. In the event that the terms of the permit (i.e., findings and conclusions)
are violated by the owner, or representative of the owner, then the
permit shall immediately become null and void. Such an action taken
under this section will be decided by the Administrator.
D. In the event of complaints received (due to excessive noise, disruptions,
parking violations, or other valid nuisances) from interested parties, the
Administrator may hear, in a public meeting, these complaints and
decide on a further course of action. The owner, or representative, or
the complainant may appeal a ruling to the Commission for a final
judgment
E. Criteria.
1. An accessory dwelling unit shall be separate from, or a part of, the
principle residence.
2. An accessory dwelling unit shall be used for lease or rental purposes
subject to the requirements in this Chapter, McCall City Code Title
3, Chapter 13, Permits and Applications.
3. Accessory dwelling units shall not be considered for purposes of
determining development density.
4. An accessory dwelling unit shall meet the requirements of City
Code, where applicable, for separate water connections, and shall
be separately connected to a municipal sewer main, or meet all
governmental standards for water and sewage systems where
municipal systems are not available.
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Title 3, Planning and Zoning, City of McCall
3.13.04 Zoning Ordinance Amendments
Amendments to this Title may be initiated in one of the following ways:
A. By adoption of a motion by the Commission.
B. By adoption of a motion by the Council.
C. By an application by person or entities filed with the Administrator.
D. All applications will come to the Commission for action, and then proceed
for final Council action. Final approval of amendments will require the
concurrence of both the Commission and the Council.
3.13.05 Zoning Map Amendments
Amendments to the zoning map may be initiated by the Council, by the
Commission, or by persons or entities that have an existing majority interest
by area in the property proposed to be rezoned by the amendment.
3.13.051 Procedure for Amendments to the Zoning Ordinance or
Map
A. An application shall be filed in triplicate.
B. The applicant may be required to submit an Environmental Assessment
prior to approval of a Zoning Map change, when in the judgment of the
Commission the change would permit operations, materials, or activities
which would constitute a potential threat to public health, safety and
welfare or to the quality of the environment. When requiring such an
assessment, the precise nature of the items to be included in the
environmental assessment shall be indicated. The Commission may
require that the assessment be over the signature and stamp (where
applicable) of one or more individuals or firms with demonstrated
professional competence to make such an assessment.
C. Upon receipt of a request for amendment to the Zoning Ordinance, or for
amendments of the Zoning Map, the Commission shall:
1. Determine if the proposed change would also require an amendment
to the Comprehensive Plan. The legal notice for public hearing may
include notice for the proposed changes to both the Comprehensive
Plan and the Zoning Ordinance.
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2. Set the date for and hold a public hearing and subsequently make
recommendations to the Council for approval or denial of the
request in accordance with the provisions set forth in Chapter 15,
Procedures, Appeals, and Actions, of this Title.
3.13.052 Application for Zoning Ordinance Amendments
Applications for amendments to the Zoning Ordinance shall include the
following information:
A. Name, address and telephone number of applicant.
B. Proposed amending ordinance approved as to form by the City Attorney.
C. Listing of reasons and justification for the proposed amendment.
D. A statement how the proposed changes relate to the Comprehensive
Plan.
E. Such further information shall be submitted as the Commission, upon
examination of the application, may require.
F. Fees shall be paid by the applicant at the time of filing an application
which shall include application/filing fees, publication fees and postage.
Fees shall be in accordance with a fee schedule established periodically
by the Council by Resolution.
3.13.053 Application for Zoning Map Amendments
Applications for amendments to the Zoning Map and/or Comprehensive Plan
shall contain at least the following information:
A. Name, address and telephone number of applicant.
B. Proposed amending ordinance and map, approved as to form by the City
Attorney.
C. Present land use.
D. Present zoning classification.
E. Proposed use by reason of which map amendment is sought.
F. Proposed zoning classification.
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G. A vicinity map at a scale to sufficiently illustrate the property in question
and surrounding properties, road and geographical features and
including the following:
1. North arrow.
2. Scale.
3. Names of adjacent property owners on the respective parcels.
4. Existing and proposed zoning.
5. Other information as the Commission may require.
H. A list of all property owners and their mailing addresses, owning
property any part of which is within, or within 300 feet of, the external
boundaries of the land being considered, according to the Valley County
Assessor.
I. A statement how the proposed changes relate to the Comprehensive
Plan, availability of public facilities and compatibility with the
surrounding area.
J. An Environmental Assessment, in the event requested by the
Commission, complying with § 3.13.033 of this chapter.
K. Fees shall be paid by the applicant at the time of filing an application.
Fees shall be in accordance with a fee schedule established periodically
by the Council by resolution.
L. Such further information shall be submitted as the Commission, upon
examination of the application, may require.
3.13.054 Resubmission of Zoning Map Amendment Application
A zoning map amendment that has been denied by the Council shall not be
resubmitted in either substantially the same form or with reference to
substantially the same premises within a period of one year from the denial,
unless there is an amendment to the Comprehensive Plan which results in a
change in conditions applying to the specific property under consideration.
3.13.06 Zoning Upon Annexation
Prior to annexation of an unincorporated area, the Council shall request and
receive a recommendation from the Commission respecting the potential
zoning of the unincorporated area. Both the Commission and the Council
shall follow the notice and hearing procedures provided in Idaho Code 67-
6509 for hearing the issue of zoning upon annexation. Concurrently, or
immediately following the adoption of annexation, the Council shall amend as
necessary the Comprehensive Plan and Zoning Map.
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Title 3, Planning and Zoning, City of McCall
3.13.07 Development Agreements, Zoning Action
A rezoning may be made upon the condition that the applicant and the
property owner, if a different person, make one or more written
commitments concerning the use or development of the subject parcel, as
follows:
A. Subject to the remainder of this section, a zoning map amendment may
include and be subject to a written Development Agreement setting out
commitments by the applicant and the owner of the property that
restrict structures, or the use of land or structures, to a greater degree
than otherwise provided for within a Zone affected by the amendment.
B. A written Development Agreement may include commitments for one or
more of the following purposes:
1. to prohibit structures, or uses of land or structures, that would
adversely affect the surrounding neighborhood or conflict with the
Comprehensive Plan;
2. to conform the zoning map amendment to the Comprehensive Plan;
3. to conform development under the zoning map amendment to
existing patterns of development in the surrounding neighborhood;
4. to mitigate the adverse effects of development under the zoning
map amendment on the surrounding neighborhood and on public
facilities and services; or
5. to narrow the permitted uses in the zone to the end that what is
permitted to occur is that which is represented by the applicant to
be the purpose of the amendment,
C. A Development Agreement shall set out commitments to do one or more
of the following:
1. limit residential density; or prohibit structures, or uses of land or
structures, otherwise permitted in a zone;
2. require compliance with a site plan and/or design standards for
structures and other site features;
3. require compliance with a site plan approved by the Council either
in conjunction with the rezoning or under the procedures for a
conditional use;
4. require the construction and installation of improvements, including
public improvements; or
5. impose time limits for taking subsequent development actions.
D. A zoning action subject to a Development Agreement shall be identified
on the zoning map by the suffix "DA," and the number of the ordinance
applying the development agreement.
Page 13-16 Chapter 13, Permits and Applications
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
E. Where a commitment in a Development Agreement conflicts with any
less restrictive provision of this Title, the commitment governs.
F. The Development Agreement may be suggested by the applicant as part
of the application for the zoning map amendment, or may be suggested
by the Commission or Council. A development agreement may not be
imposed without the consent of both the owner of the property and the
Council. The negotiation of a Development Agreement, and its signature
by the applicant and the owner, does not commit the Council to the
adoption of the zoning map amendment; a zoning map amendment
subject to a Development Agreement, in turn, shall not be effective until
such time as all parties have signed the Development Agreement, and a
Notice of Development Agreement has been recorded.
G. The Development Agreement shall take the form of a written contract
between the owner, the applicant (if not the owner), and the City of
McCall, setting out the commitments in a form satisfactory to the
Administrator and the City Attorney
H. The Applicant shall provide the necessary funds to the City to pay all
costs of preparing the Development Agreement, and a reasonable
processing fee set by resolution of the Council,
I. A Development Agreement may be modified, or terminated, only in
accord with notice and hearing according to the procedures for a
conditional use.
J. A breach of a Development Agreement by the owner or occupant of the
affected land is a violation of this Title.
K. A Development Agreement shall terminate, and the zoning map
amendment of which it is a part shall be reversed, upon the expiration of
a therein stated time during which the rezoning was to have been
exercised in accord with the Development Agreement, without such an
exercise having been made. Such a non-exercise, or a failure by the
owner to meet conditions in the Development Agreement, is by the
Idaho Code consent of the owner to a rezone of the subject parcel to the
zone in which it was classified prior to the zoning map amendment which
gave rise to the Development Agreement. In the event of such a
rezone, nothing located or done on the subject parcel shall thereby be
deemed a nonconforming use or structure (as opposed to an illegal use
or structure), unless it was a nonconforming use or structure prior to the
zoning map amendment which gave rise to the Development Agreement.
L. When executed, a Notice of Decision, Findings of Fact and Conclusions of
Law of the Council shall be recorded at the Applicant's expense in the
office of the Recorder for Valley County.
Chapter 13, Permits and Applications Page 13-17
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.13.08 Community Impact Review
A community impact review, when required by the Commission or the
Council, will be prepared by an independent expert chosen by the City, with
the costs of the assessment being paid by the applicant. The review will
include those of the following potential impacts to the City as applicable to
the specific project and as selected by the Commission or the Council. To be
included in the review are projected costs or benefits to the City as well as
other impacts.
A. The projected costs arising from the demand for (including staff
resources) and required improvements to public services and
infrastructure, including streets;
B. The value of improvements to public services and facilities to be
provided by the project;
C. The projected tax increase or loss in revenues to be generated by the
project;
D. The projected impact on property values in the community (especially
those located in the NC, CC, CBD, and CV zones);
E. The projected net job loss or creation caused by the project;
F. An estimate of how much revenue generated by the project will be
retained and redirected back into the economy of the City;
G. An estimate of the impact on other local public agencies (Fire
Department, Public Schools, Hospital, etc.); and
H. An estimate of the impact to any Community Housing program then in
place. The review will be accompanied by a statement of proposed
mitigation for each reported impact as applicable.
Page 13-18 Chapter 13, Permits and Applications
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 14
Outdoor Lighting
3.14.01 Purpose 14-1
3.14.02 Guidelines 14-2
3.14.03 Applicability 14-2
3.14.04 Definitions 14-3
3.14.05 Outdoor Lighting Standards 14-5
3.14.06 Procedure 14-8
3.14.07 Violations and Legal Actions 14-9
3.14.08 Exemptions 14-9
3.14.01 Purpose
A. This Chapter shall be known as the City of McCall Outdoor Lighting
Ordinance.
B. Purposes - The general purpose of this Chapter is to protect and
promote the public health, safety and welfare, the quality of life, and the
ability to view the night sky, by establishing regulations and a process
for review of exterior lighting. This Chapter establishes standards for
exterior lighting in order to accomplish the following:
1. To provide safe roadways for motorists, cyclists and pedestrians;
2. To protect against direct glare and excessive lighting;
3. To ensure that sufficient lighting can be provided where needed to
promote safety and security;
4. To prevent light trespass in all areas of the City and the City Area of
Impact;
5. To protect and reclaim the ability to view the night sky;
6. To allow for flexibility in the style of lighting fixtures;
7. To provide lighting guidelines;
8. To provide assistance to property owners and occupants in bringing
non-conforming lighting into conformance with this Chapter; and
9. To work with other jurisdictions within Valley County to meet the
purposes of this Chapter.
Chapter 14, Outdoor Lighting Page 144
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.14.02 Guidelines
Outdoor lighting has a significant impact to the safety, security and visual
quality of a development and the community. Following are some general
guidelines recommended to provide lighting that balances safety and energy
conservation with fixtures that complement the development and the
surrounding neighborhood.
A. Design outdoor lighting to provide a uniform distribution of light without
compromising safety and security.
B. The total cutoff of light should occur within the property lines of the
parcel to be developed.
C. Select lighting and posts that are complementary to the general
architectural style of the development and surrounding neighborhood.
D. Select light poles that are in scale with proposed or surrounding
buildings.
E. Lighting should not conflict with trees within landscaped islands.
F. Accent unique or special features of the site or building with landscape
lighting effects.
G. Insure that all lighting is efficiently directed to the objects or surfaces to
be illuminated and not to the surrounding properties or the night sky.
3.14.03 Applicability
A. New Lighting. All exterior lighting installed after the effective date of this
Chapter shall conform to the standards established by this Chapter.
B. Existing Lighting. All existing exterior lighting installed before the
effective date of this Chapter shall be brought into conformance with this
Chapter, except § 3.14.042, within the following time periods:
1. All existing exterior lighting located on a subject property that is
part of an application for a Conditional Use Permit, subdivision
approval, approval of a PUD, or a building permit is required to be
brought into conformance with this Chapter before issuance of a
Certificate of Occupancy, final inspection or final plat recordation,
when applicable. For other permits, the applicant shall have a
maximum of thirty (30) days from date of permit issuance to bring
the lighting into conformance.
2. All other existing exterior lighting on property used for commercial
purposes that is not in conformance with this Chapter shall be
Page 14-2 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
brought into conformance with this Chapter within thirty-six (36)
months from the date of adoption of this Chapter.
3. All existing exterior lighting on property used for residential,
institutional, public and semi-public uses, not affected by § B.1
above, that does not comply with this Chapter is required to be
brought into conformance with this Chapter within twelve (12)
months from the date of adoption of this Chapter.
3.14.04 Definitions
Unless specifically defined below, words or phrases used in this Chapter shall
be interpreted so as to give them the meaning they have in common usage
and to give this Chapter the most reasonable application.
1. Area light - A luminaire equipped with a lamp that produces over
one thousand eight hundred (1,800) lumens. Area lights include, but
are not limited to, streetlights, parking lot lights and yard lights.
See Table 1, for light output of various lamps).
2. Average horizontal foot candle - The average level of luminance
for a given situation (with snow cover if that is to be expected in the
given situation) measured at ground level with the light meter
placed parallel to the ground.
3. Building Official - The City of McCall Building Inspector
4. Eighty-five (85) degree cut-off type of luminaries - Luminaries
that do not allow light to escape above an eighty-five (85) degree
angle measured from a vertical line from the center of the lamp
extended to the ground (see Figure 2).
5. Exterior lighting - Temporary or permanent lighting that is
installed, located or used in such a manner to cause light rays to
shine outdoors. Luminaries that are indoors that are intended to
light something outside are considered exterior lighting for the
purpose of this Chapter.
6. Flood light - A lamp that produces up to one thousand eight
hundred (1,800) lumens and is designed to flood a well-defined area
with light. (See Table 1 for light output of various lamps).
7. Foot candle (fc) - The unit used to measure the total amount of
light cast on a surface (luminance). One foot candle is equivalent to
the luminance produced by a source of one candle at a distance of
one foot. One foot candle is approximately equal to ten (10) lux,
the British unit used to measure luminance.
8. Full cut-off luminaries - A luminaire designed and installed where
no light is emitted at or above a horizontal plane running through
the lowest point on the luminaire. (See Figure 1).
9. Fully shielded - The luminaire incorporates a solid barrier (the
shield), which permits no light to escape through the barrier. (See
Figure 4).
Chapter 14, Outdoor Lighting Page 14-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
10. Glare - Stray, unshielded light striking the eye that may result in
a) nuisance or annoyance glare such as light shining into a window;
b) discomfort glare such as bright light causing squinting of the
eyes; (c) disabling glare such as bright light reducing the ability of
the eyes to see into shadows or (d) reduction of visual performance.
11. Holiday lighting - Strings of individual lamps, where the lamps are
at least three inches apart and the output per lamp is not greater
than fifteen (15) lumens.
12. Luminance - The amount of light falling on any point of a surface
measured in foot candles or lux.
13. IESNA - Illuminating Engineering Society of North America (IES or
IESNA), the professional society of lighting engineers.
14. IESNA Recommended Practices - The current publications of the
IESNA setting forth luminance levels.
15. Lamp - The generic term for an artificial light source, to be
distinguished from the whole assembly (see Luminaire), or
commonly referred to as "bulb".
16. LED - A type of lamp which uses one, or more, light emitting
diodes, which can be of any of several colors.
17. Light - The form of radiant energy acting on the retina of the eye to
make sight possible.
18. Light pollution - Any adverse effect of manmade light including,
but not limited to, discomfort to the eye or diminished vision due to
glare, light trespass, up lighting, the uncomfortable distraction to
the eye, or any manmade light that diminishes the ability to view
the night sky.
19. Light trespass - Light falling on the property of another or the
public right-of-way when it is not required to do so.
20. Lighting - Any or all parts of a luminaire that function to produce
light.
21. Lighting Administrator - A City official designated by the City
Council to administer, interpret, and enforce the provisions of this
Chapter and make recommendations there under.
22. Lumen - The unit used to quantify the amount of light energy
produced by a lamp at the lamp. Lumen output of most lamps is
listed on the packaging. For example, a 60-watt incandescent lamp
produces 950 lumens while a 55-watt low-pressure sodium lamp
produces 8000 lumens.
23. Luminaire - A complete lighting unit, consisting of a lamp or lamps
together with the parts designed to distribute the light, to position
and protect the lamps and to connect the lamps to the power.
When used, includes ballasts and photocells. Also commonly
referred to as "fixture".
24. Maintained luminance - The condition that occurs after 200 hours
of lamp use prior to a point where luminaire cleaning is necessary.
Measurements are taken at ground level with sensor parallel to the
ground for horizontal luminance and measured at 5 feet above
Page 14-4 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
ground with sensor perpendicular to the ground for vertical
luminance.
25. Non-essential lighting - Lighting that is not necessary for an
intended purpose after the purpose has been served. Does not
include any lighting used for safety and/or public circulation
purposes.
26. Partially shielded - The luminaire incorporates a translucent
barrier, the "partial shield" around the lamp that allows some light
to pass through the barrier while concealing the lamp from the
viewer. (See Figure 3).
27. Sky glow - The overhead glow from light emitted sideways and
upwards. Sky glow is caused by the reflection and scattering of
light by dust, water vapor and other particles suspended in the
atmosphere. Sky glow reduces one's ability to view the night sky.
28. Temporary lighting. - Lighting that is intended to be used for a
special event for seven days or less.
29. Up lighting - Fully shielded lighting that is directed in such a
manner as to shine light rays above the horizontal plane.
3.14.05 Outdoor Lighting Standards
3.14,050 General Standards
A. All exterior lighting shall be designed, located and lamped in order to
prevent:
1. Over lighting;
2. Energy waste;
3. Glare;
4. Light Trespass;
5. Sky glow.
B. All non-essential exterior commercial and residential lighting is
encouraged to be turned off after business hours and/or when not in
use. Lights on a timer are encouraged. Sensor activated lights are
encouraged to replace existing lighting that is desired for security
purposes.
C. Canopy lights, such as service station lighting shall be fully recessed or
fully shielded so as to ensure that no light source is visible from or
causes glare on public rights of way or adjacent properties.
D. Area lights. All area lights are encouraged to be eighty-five (85) degree
full cut-off type luminaries.
Chapter 14, Outdoor Lighting Page 14-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
E. Idaho Power shall not install any luminaries after the effective date of
this Chapter that lights the public right of way without first receiving
approval for any such application by the Lighting Administrator.
3.14.051 Type of Luminaries.
All exterior lighting shall use full cut-off luminaries with the light source
downcast and fully shielded, with the following exceptions:
A. Luminaries that have a maximum output of four hundred (400) lumens
per fixture, regardless of number of lamps (equal to one forty [40] watt
incandescent light), may be left unshielded provided the luminaire has
an opaque top or is under an opaque structure. (See Figure 5).
B. Luminaries that have a maximum output of one thousand (1,000)
lumens per fixture, regardless of number of lamps (equal to one sixty
60] watt is not visible, and the luminaire has an opaque top or is under
an opaque structure. (See Figure 3)
C. Floodlights with external shielding shall be angled provided that no light
is directed above a twenty-five (25) degree angle measured from the
vertical line from the center of the light extended to the ground, and
only if the luminaire does not cause glare or light to shine on adjacent
property or public rights-of-way (see Figure 6). Photocells with timers
that allow a floodlight to go on at dusk and off by 11:00 p.m. are
encouraged.
D. Residential holiday lighting from November 1st to February 1st. Flashing
holiday lights on residential properties are discouraged. Holiday lights
are encouraged to be turned off by 11:00 p.m.
E. Commercial holiday lighting from November 1st to March 15th. Flashing
holiday lights are prohibited. Holiday lights are encouraged to be turned
off after the close of business.
F. Sensor activated luminaries, provided:
1, It is located in such a manner as to prevent glare and lighting onto
properties of others or into a public right-of-way;
2. The luminaire is set to only go on when activated and to go off
within five minutes after activation has ceased;
3. The luminaire shall not be triggered by activity off the property.
G. Vehicular lights and all temporary emergency lighting needed by the Fire
and Police Departments, or other emergency services.
Page 14-6 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
H. Up lighting for flags provided the flag is of a government and the
maximum lumen output is one thousand three hundred (1,300) lumens.
Flags are encouraged to be taken down at sunset to avoid the need for
lighting.
I. Lighting of radio, communication and navigation towers; provided the
owner or occupant demonstrates that the Federal Aviation Administration
FAA) regulations can only be met through the use of lighting that does
not comply with this Chapter.
J. Airport Lighting. Lighting at the McCall Municipal Airport, provided the
owner or occupant demonstrates that the Federal Aviation Administration
FAA) regulations can only be met through the use of lighting that does
not comply with this Chapter.
K. Neon Lights. Neon lights permitted pursuant to the Chapter 9, Signs.
L. Luminaries used for playing fields shall be exempt from the height
restriction provided all other provisions of this Chapter are met and the
light is used only while the field is in use.
3.14.052 Placement and Height of Luminaries
A. Parking area luminaries shall be no taller than seventeen (17) feet from
the ground to their tallest point. Parking area lights are encouraged to
be greater in number, lower in height and lower in light level, as
opposed to fewer in number, higher in height and higher in light level.
B. Freestanding luminaries on private property in residential zones shall be
mounted at a height equal to or less than the sum of H = (D/3)+3,
where D is the distance in feet to the nearest property boundary, but
shall not be higher than fifteen (15) feet from ground level to the top of
the luminaire, whichever is less.
Example:
Pole Height Distance to Property Line
1. 15 feet 36 feet (36/3 =12+3=15)
2. 12 feet 27 feet (27/3 =9+3=12)
3. 9 feet 18 feet (18/3=6+3=9)
C. Streetlights used on arterial roads may exceed twenty (20) feet in
height, with the recommendation by the City Council and only with a
finding that exceeding 20 feet is necessary to protect the safety of the
residents of McCall.
Chapter 14, Outdoor Lighting Page 14-7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
D. Luminaries used for playing fields shall be exempt from the height
restriction provided all other provisions of this Chapter are met and the
light is used only while the field is in use.
3.14.053 Luminance and Type of Lamp
A. Luminance levels for parking lots, sidewalks, and other walkways
affected by side-mounted building lights, and freestanding sidewalk
lights (not streetlights) shall not exceed luminance levels listed in the
most current IESNA Recommended Practices. The City of McCall
recognizes that not every such area will require lighting.
B. Parking lot lighting shall not exceed an overall average illumination of
1.5 foot candles.
C. Streetlights shall be high-pressure sodium, low-pressure sodium or
metal halide, unless otherwise determined that another type is more
efficient. Streetlights along residential streets shall be limited to a
seventy (70) watt high-pressure sodium (hps) light with a lumen output
of sixty-four hundred (6400). Street lights along non-residential streets
or at intersections shall be limited to one hundred (100) watts hps, with
a lumen output of ninety-five hundred (9500), except that lights at
major intersections on State highways shall be limited to two hundred
fifty (250) watts hps. If a light type other than high-pressure sodium is
permitted, then the equivalent output shall be the limit for the other light
type (see Table 1).
D. All existing and/or new exterior lighting shall not cause light trespass
and shall protect adjacent properties from glare and excessive lighting.
3.14.054 Tables and Information Sheets.
The following figures and information sheets shall be incorporated as
guidelines for the public and the City for use in enforcing this Chapter. The
City does not endorse or discriminate against any manufacturer or company
that may be shown, portrayed or mentioned by the examples. Additional
information may be available at the McCall Planning Department or a local
lighting contractor.
3.14.06 Procedure
A. All applications for design review, Conditional Use Permits, planned unit
developments, subdivision approvals, applicable sign permits, or building
permits shall include lighting plans showing location, type, height, lumen
output, and luminance levels in order to verify that lighting conforms to
Page 14-8 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
the provisions of this Chapter. The Lighting Administrator may waive the
requirement for luminance level information only if the Lighting
Administrator finds that the luminance levels conform to this Chapter.
For all other exterior lights which must conform to the requirements of
this Chapter, an application shall be made to the Lighting Administrator,
showing location, type, height, lumen output and luminance levels.
B. The Lighting Administrator shall review any new exterior lighting or any
existing exterior lighting on subject property that is part of an application
for Conditional Use Permit, planned unit development, subdivision
approval, applicable sign permits or building permit, to determine
whether the exterior lighting complies with the standards of this Chapter.
C. The Lighting Administrator shall convey in writing a recommendation
whether the exterior lighting complies with the standards of this Chapter
to the Building Official, the Commission, or the McCall City Council, as
the case may be, before any review or hearing on a building permit,
design view, Conditional Use Permit, planned unit development,
subdivision application, or applicable sign permit.
D. For all other exterior lighting which must conform to the requirements of
this Chapter, the Lighting Administrator shall issue a decision whether
the exterior lighting complies with the standards of this Chapter. All
such decisions may be appealed to the Commission within thirty (30)
days of the decision.
3.14.07 Violations and Legal Actions
If the Lighting Administrator finds that any provision of this Chapter is being
violated, notice shall be given by hand delivery or by certified mail, return
receipt requested, of such violation to the owner and/or to the occupant of
such premises, demanding that the violation be abated within thirty (30)
days of the date of hand delivery or of the date of mailing of the notice. The
Planning Department Staff shall be available to assist in working with the
violator to correct said violation. If the violation is not abated within the
thirty (30) day period, the Lighting Administrator may institute actions and
proceedings, either legal or equitable, to enjoin, restrain or abate any
violations of this Chapter.
3.14.08 Exemptions
A. The following are exempt from the provisions of this chapter.
1. Seasonal displays using multiple low wattage bulbs (about 15
lumens, or less), provided that they do not constitute a fire hazard,
Chapter 14, Outdoor Lighting Page 14-9
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
create a nuisance, and are maintained in a safe and attractive
condition.
2. Vehicular lights and all temporary emergency lighting needed by the
police department and the fire protection district, or other
emergency services.
3. All temporary lighting used for the construction or repair of
roadways, utilities, and other public infrastructure.
4. All lighting required by State or federal regulatory agencies.
5. Licensed water craft using normal navigation lighting.
6. Agriculture uses during normal harvesting or herding activities.
B. The Lighting Administrator may authorize additional property specific
exemptions when proposed outdoor lighting does not conflict with the
purposes of this chapter. An application for such an exemption must be
made in writing and include an outdoor lighting plan pursuant to § 3-14-
05. Temporary lighting for special events shall be reviewed in this
manner.
Figure 1. Cutoff Outdoor Lighting Fixture
What is a True Full Cutoff Outdoor Lighting Fixture?(
Yes
Page 14-10 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Flat glass lens, eliminates or minimizes direct glare, no upward throw of light.
The housings for these fixtures are available in many styles.
GSM o w
C.:.:,••" ,.
Same fixture as above mounted incorrectly - defeating the horizontal
mounting design. The fixture now produces direct glare, and can also produce
up light at steeper mounting angles.
I
No il
61514( '` ,
7 No
Known as just "Cutoff" Center "drop" or "sag" lens with or without exposed
bulb, produces direct glare.
Figure 2: 85° Full Cut-off Fixture Figure 3: Partially shielded
Translucent siding, bulb not visible)
o w
NN
wp
Chapter 14, Outdoor Lighting Page 14-11
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Figure 4: Shielded Figure 5: Unshielded with Opaque Top
less than 375 lumens)
11.111111111111.
111).. ,Y
F
Figure 6: Angle of Flood Light Figure 7: Directional Flood Light
With External Shielding
1.1)
00
V
Page 14-12 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Table 1: Initial Rated Light Output or Various Lamps
Information from Sylvania #PL-150, General Electric #9200 and Phillips
SG-100 large lamp catalogs)
LAMP TYPE LAMP WATTAGE INITIAL LUMEN
OUTPUT
INCANCESCENT LAMP 25 235
FROSTED) (Syl.)
INCANCESCENT LAMP 40 375
FROSTED) (Syl.)
INCANCESCENT LAMP 60 890
FROSTED) (Syl.)
INCANCESCENT LAMP 100 1690
FROSTED) (Syl.)
INCANCESCENT LAMP 150 2850
FROSTED) (Syl.)
INCANCESCENT FLOOD 75 765
OR SPOT (G.E.)
INCANCESCENT FLOOD 120 1500
OR SPOT (G.E,)
INCANCESCENT FLOOD 150 2000
OR SPOT (G.E.)
QUARTZ HALOGEN 42 665
LAMP (FROSTED) (Syl.)
QUARTZ HALOGEN 52 885
LAMP (FROSTED) (Syl.)
QUARTZ HALOGEN 72 1300
LAMP (FROSTED) (Syl.)
QUARTZ HALOGEN 300 6000
LAMP (FROSTED) (Syl.)
QUARTZ HALOGEN 500 10500
LAMP (FROSTED) (Syl.)
QUARTZ HALOGEN 1000 21000
LAMP(FROSTED) (Syl.)
QUARTZ HALOGEN MINI 20 260
FLOOD OR SPOT (G.E.)
12 volt MR-16 type)
QUARTZ HALOGEN MINI 42 630
FLOOD OR SPOT (G.E.)
12 volt MR-16 type)
QUARTZ HALOGEN MINI 50 895
FLOOD OR SPOT (G.E.)
12 volt MR-16 type)
Chapter 14, Outdoor Lighting Page 14-13
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
LAMP TYPE LAMP WATTAGE INITIAL LUMEN
OUTPUT
QUARTS HALOGEN MINI 75 1300
FLOOD OR SPOT (G.E.)
12 volt MR-16 type)
FLUORESCENT LAMP 7 400
Phillips)
FLUORESCENT LAMP 9 600
Phillips)
FLUORESCENT LAMP 13 900
Phillips)
FLUORESCENT LAMP 22 1200
Phillips)
FLUORESCENT LAMP 28 1600
Phillips)
FLUORESCENT LAMP 40 3150
G.E. cool white)
LOW PRESSURE 18 1800
SODIUM LAMP (Phillips)
LOW PRESSURE 35 4800
SODIUM LAMP (Phillips)
LOW PRESSURE 55 8000
SODIUM LAMP (Phillips)
LOW PRESSURE 90 13500
SODIUM LAMP (Phillips)
LOW PRESSURE 135 22500
SODIUM LAMP (Phillips)
LOW PRESSURE 180 33000
SODIUM LAMP (Phillips)
HIGH PRESSURE 35 2250
SODIUM LAMP
DIFFUSE) (G.E.)
HIGH PRESSURE 50 4000
SODIUM LAMP
DIFFUSE) (G.E.)
HIGH PRESSURE 70 6400
SODIUM LAMP
DIFFUSE) (G.E)
HIGH PRESSURE 100 9500
SODIUM LAMP
DIFFUSE) (G.E.)
HIGH PRESSURE 150 16000
SODIUM LAMP
DIFFUSE) (G.E„)
Page 14-14 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
LAMP TYPE LAMP WATTAGE INITIAL LUMEN
OUTPUT
HIGH PRESSURE 250 27500
SODIUM LAMP
DIFFUSE) (G.E.)
HIGH PRESSURE 400 50000
SODIUM LAMP
DIFFUSE) (G.E.)
MERCURY VAPOR LAMP 100 4500
WHITE DELUXE) (Syl.)
MERCURY VAPOR LAMP 175 8500
WHITE DELUXE) (Syl.)
MERCURY VAPOR LAMP 250 11100
WHITE DELUXE) (Syl.)
MERCURY VAPOR LAMP 400 20100
WHITE DELUXE) (Syl.)
METAL HALIDE LAMP 32 2500
Coated) (G.E.)
METAL HALIDE LAMP 50 3400
Coated) (Venture)
METAL HALIDE LAMP
Coated) (G.E.) 175 15750
METAL HALIDE LAMP 250 20500
Coated) (G.E.)
METAL HALIDE LAMP 400 36000
Coated) (G.E.)
Chapter 14, Outdoor Lighting Page 14-15
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Table 2: Mounting Height/Lamp Output Recommendations
Table 2 lists the maximum lumen levels standards at various heights above
ground level. It provides specific examples listing the common types of
lighting sources, lumen levels, and permitted mounting heights.
MOUNTING HEIGHT MAX LUMENS
FEET)
6 1,000
8 600 to 1,600
10 1,000 to 2,000
12 1,600 to 2,400
16 2,400 to 6,000
20 4,000 to 8,000
24 6,000 to 9,000
28 8,000 to 12,000
32 9,000 to 24,000
36 12,000 to 28,000
40 16,000 to 32,000
Table 3: Mounting Height Recommendations Per Lamp Type
C. Low Pressure Sodium
Wattage 180W 135W 90W 55W 35W 18W
Mounting >40' 30'-32' 28' 24' 16'-20' 10'
Heights
Initial 33000 22500 13500 8000 4800 1800
Lumens
Mean 33000 22500 13500 8000 4800 1800
Lumens
Lamp 180 135 90 55 35 18
Wattage
Circuit 220 180 125 80 60 30
Wattage
Initial 150 125 108 100 80 60
Lum/watt
Mean 150 125 108 100 80 60
Lum/watt
Annual 902 738 513 328 216 123
KWH use
Page 14-16 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
D. High Pressure Sodium
Wattage 400W 250W 200W 150W 100W 70W 50W 35W
Mounting >'50 32-36' 30' 28' 24' 20' 16'12'
Heights
Initial 50000 28500 22000 16000 9500 6300 4000 2250
Lumens
Mean 45000 25700 19800 14400 8550 5470 3600 2025
Lumens
Lamp 400 250 200 150 100 70 50 35
Wattage
Circuit 465 294 246 193 130 88 66 46
Wattage
Initial 108 97 89 83 73 72 61 49
Lum/wat
t
Mean 97 87 80 75 66 64 55 44
Lum/wat
t
Annual 1907 1205 1009 791 533 361 271 189
KWH use
E. Metal Halide
Wattage 1000 400 250W 175W 150W 100W 70W 50W 32W
W W
Mounting >60' >36' >30' >28' >24' >20' >16' _ >12'10"
Initial 1100 3600 20500 16600 13000 9000 5500 3500 2500
Lumens 00 0
Mean 8800 2880 17000 10350 8700 6400 4000 2500 1900
Lumens 0 0
Lamp 1000 400 250 175 150 100 70 50 32
Wattage
Circuit 1070 456 295 215 184 115 88 62 43
Wattage
Initial 103 79 69 77 71 78 63 56 58
Lum/watt
Mean 82 63 58 48 47 56 45 40 44
Lum/watt
Annual 4387 1870 1210 882 754 472 361 254 176
KWH
Chapter 14, Outdoor Lighting Page 14-17
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
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Page 14-18 Chapter 14, Outdoor Lighting
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 15
Procedures, Appeals and Action
3.15.01 Applicant; General Procedures 15-1
3.15.02 Preliminary Development Plan Review 15-1
3.15.03 Date and Notice of Public Hearing 15-2
3.15.04 Conduct of Hearings 15-4
3.15.05 Action by the Commission 15-5
3.15.06 Notification to Applicant 15-6
3.15.07 Action by the City Council 15-6
3.15.08 Appeal or Request for Hearing by Aggrieved Persons 15-7
3.15.09 Administrative Appeals 15-8
3.15.10 Judicial Review 15-8
3.15.01 Applicant; General Procedures
A. An Applicant for an approval required by this Title must be the owner of the
subject property or a person who has written permission from the owner to
make application in the name of the owner.
B. Unless waived or excepted by specific provisions of this Chapter, Title, or Title
9 the procedures in this Chapter apply to Preliminary Development Plan
Reviews and applications for: an amendment of this Title or Title 9, a zoning
map amendment (except a legislative rather than quasi-judicial revision of the
zoning map), a variance, a planned unit development, a Conditional Use
Permit, a subdivision, a Scenic Route approval, a request to vacate an
easement or right of way, appeals, or other land use decisions referenced by
this Title and Title 9.
C. The provisions of § 3.15.02, Preliminary Development Plan Review, apply prior,
and in addition, to the formal application for a land use approval. Evidence of
compliance with § 3.15.02 must be submitted as part of the application.
3.15.02 Preliminary Development Plan Review
A. The Applicant will present to the Administrator and Commission, in a scheduled
meeting, but a non-public hearing, a preliminary development plan for review
and discussion. All materials to be reviewed and discussed shall be provided,
or be available, to Commission members at a regular scheduled meeting of the
Commission.
Chapter 15, Procedures, Appeals, and Actions Page 15-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
B. It is required that the Applicant organize one, or more, meetings of
neighboring groups before submitting plans for a public hearing. The purpose
of such meetings is to obtain input to improve plans and reduce negative
comment from neighbors.
C. Preliminary development plan review and neighborhood meetings are not
required for appeals.
D. The Administrator may waive the requirements of this subsection for those
applications deemed to be routine in nature or to have no substantial impact
on adjacent properties or the community at large.
3.15.03 Date and Notice of Public Hearing
A. The date for public hearings shall be fixed by the Chairman of the Commission
within a reasonable time and in no event shall the date be set later than 75
days after the receipt of a complete application and all necessary documents
pertinent thereto. Notwithstanding the absence of a quorum of the Commission
at the time set for a particular hearing, members of the Commission present
may by public announcement at the time and place of the hearing continue
that hearing to a time and place where a quorum is anticipated to be present,
exercising the power of the Chair to set the time of hearing, and thus utilizing
actual notice to those who responded to public notice. Further public notice of
such a continued hearing need only be given by posting at City Hall.
B. The Commission, through the Administrator, shall give public notice at least
fifteen (15) days prior to the hearing date in the official newspaper of the City.
Notice shall be made available to all radio stations within the County for use as
a public service announcement.
C. The Applicant shall give notice by regular first class U. S. mail or personal
delivery, and shall provide an affidavit, or proof, of such notice, to each owner
of property of record as shown on records obtained from the Valley County
Assessor's Office, or a commercial title company doing business in the County
or City, any portion of which is located within three hundred (300) feet of the
exterior boundary of the subject property, and to all others as required by
State law to be entitled to notice. The notice shall be mailed or delivered at
least fourteen (14) days prior to the scheduled public hearing. The notice shall
give the date, time and place of the hearing, the name(s) of the applicant(s),
the relief sought, an identification of the subject property, and such other
information as may be prescribed by the Commission. If the City is the
Applicant for modification or revocation of a variance or conditional use, such
notice shall also be sent to the owner of the subject property by certified mail,
Page 15-2 Chapter 15, Procedures, Appeals, and Actions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
return receipt requested, and delivered by hand to the occupant of the
property. If an Applicant is not the owner of all of the property affected by the
application, as a zoning map amendment initiated by some but not all owners
of the property affected, such notice shall also be sent to the owner of the
subject property by certified mail, return receipt requested.
D. In the event that the application has been filed by a person other than the
property owner as such property owner is shown on the last equalized
assessment roll, notice shall be mailed to the property owner.
E. Notice shall be given by first class mail to any person who has filed a written
request with the Administrator. Such a request may be submitted at any time
during the calendar year and shall apply for the balance of such calendar year.
The City may impose a reasonable fee on persons requesting such notice for
the purpose of recovering the cost of such mailing.
F. If, during the preliminary review of the proposed project, the Commission
decides that a greater number of property owners, or owners with properties
more than 300 feet, should be noticed, the Commission will so advise the
Applicant of the decision and the additional notices required.
G. The failure to receive notice by any person entitled thereto by law or by this
Chapter does not affect the validity of any action taken pursuant to the
procedures set forth in this Chapter.
H. The Applicant shall post notice in a form approved by the Administrator
conspicuously on the premises which is the subject of the application, not less
than fifteen (15) days prior to the hearing date. The applicant shall provide
photographic evidence of such notice to the Administrator.
I. When notice of a hearing on a proposed zoning map amendment, conditional
use, variance, scenic route application, planned unit development, or other
zoning action is required to two hundred (200) or more property owners or
purchasers of record, notice otherwise required by subsections (C) and (D)
above need not be given, provided that the published notice under subsection
B) above includes a map identifying the property together with text indicating
the general nature of the zoning change proposed. The format of notice shall
be provided by the Administrator.
J. Fees shall be paid by the applicant at the time of filing an application. Fees
shall be in accordance with a fee schedule established periodically by the
Council by resolution. These fees shall include costs of publication, mailing
fees, any application fees and other charges as may be set by the Council by
resolution.
Chapter 15, Procedures, Appeals, and Actions Page 15-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.15.04 Conduct of Hearings
The Commission and/or Council shall conduct all public hearings under this Title as
follows:
A. A Sign-in roster shall be kept at the entrance to the hearing room for all
persons who wish to testify at the hearing on a particular application or issue.
B. The chair of the meeting shall conduct the hearing in accordance with the
Robert's Rules of Order, Newly Revised, or its most recent revision.
C. A transcribable record shall be taken and maintained, including audio and
written.
D. The Chair shall call upon the Administrator or staff to make preliminary
presentation of facts and recommendations to the Commission, including a
summary of any comments or recommendations from other agencies.
E. The Chair shall then invite the applicant to make a presentation of the proposal
to the Commission.
F. Every document or tangible thing referred to by any person during testimony
including charts, maps, photographic evidence or any other evidence) shall be
marked and entered into the record of the proceeding. Such exhibits shall be
maintained at the office of the City Clerk during the appeal period, and if
incorporated into or referenced by a condition of approval, thereafter for as
long as necessary to ensure conformance. No exhibit shall be used or
presented by an applicant as expressing the applicant's intent or promise,
unless the applicant intends that compliance with that exhibit may be made a
condition of the approval of the application.
G. After the Administrator or staff presentation and presentation by the applicant,
the Chair shall open the hearing for public testimony and shall invite the public
to address the Commission in the order of names found on the sign-in roster.
If in the opinion of the Chair the number of persons testifying is so large as to
unduly delay the process of the hearing, the Chair may limit public testimony
to three minutes or such other time for each member of the public.
H. All persons testifying before the Commission or Council shall state, for the
record, their full name and address.
I. Members of the Commission, Council or the Attorney assigned to advise the
Commission or Council may question any person who testified at any time or
may, upon approval of a majority of the members present, recall a person for
further testimony.
Page 15-4 Chapter 15, Procedures, Appeals, and Actions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
J. Before the close of the public testimony, the Chair shall ask if any person
attending the hearing who did not sign the roster wishes to be heard and any
such person shall be given one opportunity to testify.
K. At the close of public testimony the Chair shall solicit comments from
Administrator or staff for additional facts or clarifications as a result of the
testimony given. After comments from Administrator or staff, the applicant or
appellant shall be given an opportunity to address final comments to the
Commission or Council.
L. After all testimony, the Chair shall declare the public hearing closed and shall
bring the matter back before the Commission or Council for discussion and
action. Audience participation ceases at that time. The public hearing may be
continued upon motion to a date certain which shall be announced to the public
there assembled.
M. The discussion and decision may be deferred until another date certain which
shall be then announced to the public there assembled.
3,15.05 Action by the Commission
Within thirty-five (35) days after the public hearing, the Commission shall
recommend to the Council either approval, conditional approval, or disapproval of
an application; or, in the case of preliminary approval of a subdivision plat, make its
decision to approve or not to approve such plat, with or without conditions. Upon
making a recommendation, granting or denying an application, the Commission
shall specify in the minutes, and forward to the Council, findings of fact and
conclusions of law which shall include:
A. The ordinance and standards used in the evaluation of the application;
B. The manner in which the applicant complies or does not comply with the
standards used in evaluating the application;
C. The reasons for the recommendation upon, or approval or denial of the
application and,
D. The conditions, if any, upon which a recommendation or an approval was
made.
E. A denial by the Commission is a denial of an application, and, unless appealed
to the City Council, the application will be terminated and the application fee
forfeited.
F. The actions, if any, that the applicant could take to gain approval of the
application.
Chapter 15, Procedures, Appeals, and Actions Page 15-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
G. The time limit set forth above for acting on the application may be extended at
the request of the developer and approved by the Commission.
3.15.06 Notification to Applicant
Within twenty (20) days after a recommendation has been made or a decision has
been rendered, the Administrator shall provide the applicant with written notice of
the action,
3.15.07 Action by the City Council
A. Within forty five (45) days after receipt of a recommendation and findings of
fact and conclusions of law from the Commission, the Council shall hold a
public hearing at which interested persons shall have the opportunity to be
heard, except when:
1. The recommendation is for a variance, subdivision, planned unit
development, or Conditional Use Permit; and
2. The Commission recommended that no second hearing be held; and,
3. An appeal of the Commission's action is not filed.
When these three conditions are met, the Council may act on the
Commission's recommendation without conducting a second hearing.
B. If a hearing before the Council is required, notice shall be given to the public at
least fifteen (15) days prior to the hearing date, by publication, in the official
newspaper of the City. Notice shall also be made available to all radio stations
within the County.
C. Notice of the hearing shall be given by regular United States mail or personal
delivery to each owner of property as shown on records obtained from the
Valley County Assessor's Office, or a commercial title company doing business
in the County or City, any portion of which is within three hundred (300) feet
of the subject property, and to such other persons as may be required by State
law. The notice shall give the date, time and place of the hearing; the
names(s) of the applicant(s); the relief sought; an identification of the subject
property; and, such other information as may be required by the Council.
Notice shall also be posted conspicuously on the subject property not less than
one week prior to the hearing date. When notice of a hearing on a proposed
zoning map amendment, conditional use, variance, planned unit development,
or other zoning action is required to two hundred or more property owners or
Page 15-6 Chapter 15, Procedures, Appeals, and Actions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
purchasers of record, notice by mail and by posting as stated above need not
be given, provided that the published notice under subsection (B) above
includes a map identifying the property together with text indicating the
general nature of the zoning change proposed.
D. When a second hearing is required under any circumstances, the applicant
shall pay a second filing fee, in addition to the postage and publication fees for
the second hearing.
E. If an amendment to the Zoning Map or a planned unit development is proposed
with respect to lands in the Impact Area, and the action proposed would be of
legislative, rather than quasi-judicial scope as those terms are understood in
land use planning law, then final action must also include approval of the
amendment or proposal by the Board, whether by identical County ordinance
or by County ordinance referring to the City ordinance, after public hearing
conducted jointly with the Council. Nothing in this paragraph shall be read to
preclude approval by both Council and Board where doubt exists as to the
legislative or quasi-judicial character of a particular action respecting the
Zoning Map or planned unit development.
3.1508 Appeal or Request for Hearing by Aggrieved Persons
A. An aggrieved person may appeal the Commission decision, or request a
hearing on the Commission recommendation, by filing a notice of appeal or
request for hearing in writing with the City Clerk no later than ten (10) days
after the issuance of the findings and conclusions of the Commission. When
such notice of appeal or request is received, proceedings before the Council
shall be on the record made below. A notice of appeal shall set out with
particularity the decision or part thereof from which the appeal is being taken,
and whether or not facts found by the Commission are disputed by appellant.
B. The Council shall hold a public hearing on the appeal and the application
appealed within forty five (45) days of the request and shall follow the hearing
procedures established in § 3.15.04. When there is no required hearing, the
Council shall put the matter down on its agenda upon a date certain for the
consideration of written and oral arguments; notice
of such hearing shall be provided to appellant no later than fifteen (15) days
before the hearing; should appellant desire to file written arguments, appellant
shall do so no later than five (5) days prior to the hearing.
C. Stay of Proceedings. An appeal or request for hearing stays all proceedings in
furtherance of the action appealed from unless, after the notice of appeal or
request for hearing is filed, the Council finds that by reason of the facts stated
in the application, a stay would cause imminent peril to health, safety or
property.
Chapter 15, Procedures, Appeals, and Actions Page 15-7
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
D. After the hearing has been held, the Council may:
1. Grant or deny the appeal or the permit; or
2. Delay such decision for no longer than sixty (60) days after the hearing
date for further study or hearing; provided, however, that the Council
must render a decision no later than sixty (60) days from the date of the
hearing.
3.15.09 Administrative Appeals
A person aggrieved by a decision by the Administrator under this Title may appeal
such decision to the Commission.
3.15.10 Judicial Review
A person aggrieved by a decision under this Title may, after all remedies have been
exhausted under local ordinances, seek judicial review under the procedures
provided by § 67-5215(b) through (g) and § 67-5216, Idaho Code.
Page 15-8 Chapter 15, Procedures, Appeals, and Actions
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 16
Design Review
3.16.01 Purpose 16-1
3.16.02 Applicability 16-1
3.16.03 Review Bodies and Procedures 16-2
3.16.04 Permits 16-3
3.16.05 Design Review Process 16-3
3.16.06 Design Review Application 16-4
3.16.07 Design Review Criteria 16-5
3.16.08 Lapse of Design Review Approval 16-5
3.16.01 Purpose
The purpose of this chapter is to specify the process whereby the City or
McCall incorporates the City of McCall Design Guidelines into new
construction and remodeling of structures, landscaping, lighting, and public
amenities within the City and the Area of City Impact. The City of McCall
Design Guidelines (also called Design Guidelines herein) is a separate
document that is incorporated into this Chapter by reference.
3.16.02 Applicability
Design review approval is required for any development that is a
commercial, industrial, public or semi-public (including private clubhouses or
recreational facilities) development, all developments within the CV or AP
zones, accessory dwelling unit, multi-family residential project of three or
more units, single family dwelling unit with living area greater than 3500
square feet, and any sign within the City of McCall and the Area of City
Impact. Design review is also required in the Shoreline and River Environs
Zone and the Scenic Route Zone as provided for in Chapter Seven.
Design review will not be required for the following building or site
modifications (although a building permit may be required):
A. Interior remodeling of a structure which does not impact the exterior
appearance of the structure of significantly impact the parking,
landscaping or other exterior uses of the property.
B. Repairs to an existing building if the outward appearance is not
significantly changed.
C. Improvements to or maintenance to an existing building or site where
these do not significantly impact the outward appearance of the building
or site.
Chapter 16, Design Review Page 16-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Applications for non-emergency temporary structures are not subject to
Design Review, but are subject to the Conditional Use Permit process as set
forth in Chapter 13, Permits and Applications, of this Title.
Any application within a residential zone which is subject to a subdivision
design approval, and for which the design guidelines of the subdivision have
been reviewed and approved by the Commission, shall show evidence of
subdivision design review and approval by the authority of the subdivision
prior to the granting of a building permit. Absent such evidence, the
applicant shall proceed under the procedures below.
3.16,03 Review Bodies and Procedures
All projects to which this Chapter applies shall be reviewed by the
Administrator or by the Commission as follows:
A. Authority of the Administrator. The Administrator has the authority to
recommend for approval or denial applications for Design Review that
the Administrator determines will have no substantial impact on adjacent
properties or on the community at large, subject to final approval or
denial by the Commission on its consent agenda. Applications reviewed
by the Administrator and placed on the consent agenda may include, but
are not limited to: building heights less than thirty (30) feet in any
Residential zone, additions under five-hundred (500) square feet, facade
and exterior finish changes, changes to the color and type of roofing
materials, and signs.
The Administrator's recommendation for approval or denial shall specify:
the ordinance and standards used in evaluating the application; the
reasons for the approval or denial; and recommended conditions, if any.
Any Commissioner may cause any application on the consent agenda to
be moved to the regular agenda in order to have a full public hearing of
potential impacts of the application.
B. Emergency Approvals. Those applications for projects of an emergency
nature, necessary to guard against imminent peril, provide for the public
safety, or prevent further damage to a property, regardless of zone,
shall receive administrative review and approval, denial, or conditional
approval, subject to criteria set forth in § 3.16.07 of this Chapter. The
Administrator may forward said application to the Commission for review
as set forth in subsection A above.
C. Authority of the Commission. Applications for projects which do not
qualify under subsections A and B above shall receive a hearing before
the Commission. The Commission shall review and approve, deny, or
conditionally approve the project,
Page 16-2 Chapter 16, Design Review
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
D. Appeals. The Commission will hear appeals of administrative decisions.
The City Council will hear appeals of any decision made by the
Commission. All appeals shall be conducted as a public hearing in
compliance with Chapter 15 of this Title.
116.04 Permits
No permits shall be issued by any administrative officer or inspector of the
City for construction of any building, project, or other improvement requiring
a permit before the requirements specified by this Ordinance are met and
approval is granted.
3.16.05 Design Review Process
Step 1.
A pre-application conference with the City is recommended. At this meeting,
the representative from the City will familiarize the potential applicant with
the review process that will apply to the project and with related City
regulations and review criteria that may affect the project. The applicant
shall provide site-specific information including conceptual drawings in order
to familiarize the City with the specifics of the proposal.
Step 2.
A Design Review application per § 3.16.06 shall be submitted for design
review. All application materials must be submitted seventy-five (75) days
prior to any hearing before the Commission.
Step 3.
City department heads will review all projects for conformance with the
criteria set forth in § 3.16.07.
Step 4.
Public notice in accordance this Chapter 15 must be provided for all owners of
property within three hundred (300) feet in those cases where a hearing
before the Commission is to be held.
Step 5.
The project is reviewed by the Administrator or the Commission per §
3.16.03. The reviewing body will approve, deny or conditionally approve the
applicant's request based on criteria outlined in § 3.16.07 below.
Chapter 16, Design Review Page 16-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
Step 6.
In order for a building permit to be issued, final construction drawings must
be reviewed and approved by the Building Department. Application for a
building permit must occur within one (1) year of Design Review approval.
The expiration date may be extended once, for an additional six (6) months,
upon written request to the Administrator. Such request must be received
prior to the expiration date. The Commission shall review and approve or
deny the request for extension.
3.16.06 Design Review Application
Applications shall include any or all of the following information, as requested
by the Administrator. All Design Review plans and drawings for public
projects, industrial, commercial projects, and residential projects containing
three or more dwelling units, or residential dwelling with living area greater
than 3,500 square feet, shall be prepared by an Idaho licensed architect, or a
licensed architect of another State which has an agreement with Idaho.
A. The project name.
B. The specific location of the project.
C. Six (6) prints, prepared in a professional manner, showing at a minimum
the following:
1. Vicinity map, to scale, showing the project location in relationship to
neighboring buildings and the surrounding area.
2. Site plan, to scale, showing proposed parking, loading, and general
circulation.
3. If applicable, evidence of subdivision design review specifications in
force and approval granted by the City.
4. Detailed elevations of all sides of the proposed building and other
exterior elements.
5. Descriptions or details of all materials proposed for the exterior of
the building are required. Samples, including color chips, are
recommended. A minimum scale of 1/8" to 1'0" is recommended.
6. Sign plan.
7. Landscaping plan.
8. Exterior lighting plan, pursuant to Chapter 14 of this Title.
9. Floor plan.
10. Utilities plan.
11. Drainage plan, including snow storage.
These plans may be combined on the same sheets.)
D. Applicant name(s) and representative (if any).
Page 16.4 Chapter 16, Design Review
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
E. A written statement describing how the review criteria in 3.16,07 are
met.
F. Other information as required by the Administrator or the Commission.
G. Payment of fees (established by ordinance).
3.16.07 Design Review Criteria
The Commission or Administrator shall determine the following before
approval is given:
A. The project is in general conformance with the Comprehensive Plan.
B. The project does not jeopardize the health, safety or welfare of the
public.
C. The project conforms to the applicable specifications outlined in the City
of McCall Design Guidelines, incorporated by reference herein, as well as
all other applicable requirements of the Zoning Ordinance and
Subdivision Ordinance, adopted by the City of McCall.
D. If applicable, a subdivision design review document has been reviewed
and approved by the Commission in lieu of the Design Guidelines.
3.16.08 Lapse of Design Review Approval
A design review approval shall lapse and become void whenever the building
permit either lapses or is revoked, or whenever the applicant has not applied
for a building permit within one (1) year from the date of initial design review
approval.
Chapter 16, Design Review Page 16-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
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January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 17
Enforcement
3.17.01 Purpose 17-1
3.17.02 Compliance by Issuers of Permits 17-1
3.17.03 City Enforcement 17-1
3.17.04 Civil and Criminal Enforcement 17-4
3.17.05 Investigations 17-4
3.17.06 Penalties 17-4
3.17.07 Election of Remedies 17-5
3.17.08 Separability 17-5
3.17.01 Purpose
The enforcement of this Ordinance shall apply equally to each person and
property in similar circumstances; it shall not, however, be a defense to any
particular enforcement action, that some one or more other persons or
properties similarly situated are not the subject of enforcement action.
3.17.02 Compliance by Issuers of Permits
All departments, officials, and public employees of the City vested with the
duty or authority to issue permits, shall conform to the conditions of this
Ordinance, and shall issue no permit, certificate, or license for the use of
land, buildings, or purposes, in conflict with the provisions of this Ordinance
and such permit, certificate, or license issued in conflict with the provisions of
the Ordinance shall be null and void ab initio.
3.17.03 City Enforcement
Whenever it appears to any person, including but not limited to the Building
Official, Community Development Staff, Commission Members, the City
Council, the Valley County Prosecuting Attorney, City Attorney, Valley County
Sheriff, or City Police that any person is engaging in or about to engage in an
act or practice violating any provisions of this Title, the person should orally
or in writing notify the Administrator or the Administrator's office. The
Administrator, with the assistance of staff, the appropriate law enforcement
agency, and attorney, shall cause an investigation to be made of the alleged
violation, as the Administrator deems advisable under the circumstances.
A. The Administrator or the Administrator's Staff, or the appropriate law
enforcement agency, have the authority to:
Chapter 17, Enforcement Page 17-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
1. Conduct a program of continuing surveillance and of regular or
periodic inspection of potential or actual violations.
2. Enter, at all reasonable times after an application for a building
permit or for a permit under this Title has been received, upon any
private or public property for the purpose of inspecting it or to
ascertain whether there is or has been a violation of this title, a
permit, or other ordinances relating hereto.
B. If an investigation discloses that there is a basis for believing that a
violation exists, the Administrator, or the appropriate law enforcement
agency, shall follow the following procedure, unless the Administrator
determines that prompt criminal prosecution or authorization of prompt
civil action should be requested:
1. Issue and serve upon the person alleged to have violated this
ordinance a written notice. This notice shall specify the provision of
this ordinance, variance or permit which has been violated; the
extent and manner in which the ordinance, variance or permit has
been violated, and the procedure for the person to contest the
allegation. A copy of this notice shall be delivered to the City
Attorney, and also, if the property is located in the Impact Area, the
Valley County Prosecuting Attorney.
2. If a hearing is requested by the person in writing within seven days
of the service of the notice, then the Administrator shall schedule a
settlement conference with said person within 30 days from the time
that the Administrator has been served with said request for a
hearing. The administrator shall also schedule within 60 days a
hearing before the Commission on said notice.
3. If the allegations of the notice cannot be resolved in the above
mentioned settlement conference, the matter shall be submitted for
hearing before the Commission. If the matter can be resolved, then
the agreement shall be accepted or rejected by the Commission,
and a recommendation forwarded to City Council.
4. The conduct of the hearing on the notice shall be as set forth in
Chapter 15 of this Title.
5. The Commission shall render its decision, including proposed
findings and facts and conclusion of law within 30 days from the
date of the hearing.
6. After the decision of the Commission as set forth in paragraph 5,
any party has the right to appeal the decision to the City Council.
7. The City Council shall have the right to hear the appeal from the
Commission in the same manner as set forth in Chapter 15,
Procedures, Appeals, and Action, of this Title.
Page 17-2 Chapter 17, Enforcement
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
C. If the preventive or corrective measure is not taken in accordance with
the settlement agreement, Commission decision, or order of the City
Council, then the person in violation of said agreement, Commission
decision or order of the City Council shall be liable for a civil penalty not
to exceed $1,000.00 per day beginning with the time fixed for the taking
of the preventive or corrective measure set forth in the agreement,
Commission decision or order of the City Council.
D. If the circumstances of the violation of the ordinance, permit, or variance
constitute an emergency creating conditions of immediate danger to the
public health, safety, welfare or to the quality of the environment, the
Administrator shall immediately notify the Commission, the City Council
and the appropriate attorney. The City Council may institute a civil
action for immediate injunction to seek any relief deemed appropriate
under the circumstances as well as a civil penalty not to exceed
1,000.00 per day.
E. The Administrator shall consider in any imposition of a civil penalty the
following factors:
1. The nature of the violation.
2. Whether the violation was disclosed to the Administrator or staff
prior to its detection.
3. Whether the violation was corrected without Administrator or staff
action.
4. The cost of enforcing and investigating the violation.
5. Whether the violation was an isolated occurrence or a multiple
offense.
6. Whether there is an undue risk of future violations during the
remaining construction phase of the permit.
7. Whether a fine under the circumstances would serve as a deterrent
to this person or other persons similarly situated.
8. Whether there were grounds tending to excuse or justify the
violation.
9. Whether the person was cooperative and willing to correct the
violation.
F. At any stage of the proceedings, any person to whom a notice has been
served may waive the formal proceedings and enter into a settlement
agreement with approval of the City Council. The entry of the City into a
settlement agreement under this Chapter, approved by the City Council,
shall constitute administrative res judicata and bars any assertion by the
City that acts or omissions of the person entering into such settlement
agreement with the City, which acts or omissions are approved in the
Chapter 17, Enforcement Page 17-3
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
settlement agreement, violate provisions of this Title in effect on the
date of such settlement agreement; provided, however, that such
settlement agreement is performed by that person, and provided that
the assent of the City to such settlement agreement was not procured
by bribery, misrepresentation, fraud, or other illegal influence.
G. Nothing in this ordinance or this section shall preclude the City Council
from any other legal or equitable remedy available.
H. The City Council and the Board of County Commissioners shall determine
from time to time whether enforcement of this Ordinance in Court as to
the Impact Area should be entrusted to the office of the City Attorney or
the office of the Valley County Prosecuting Attorney, and the matter
having been so decided, such Attorneys shall take all necessary steps to
effectuate that decision.
3.17.04 Civil and Criminal Enforcement
Nothing in this ordinance respecting notice and administrative process or any
other matter shall preclude the City Council or Board from instituting any
cause of action against any person for any relief legally available under the
circumstances, nor preclude the City Attorney or the Valley County
Prosecuting Attorney from commencing criminal enforcement at the request
of the Administrator.
3.17.05 Investigations
Any applicant for a variance, conditional use, planned unit development, or
Zone Map amendment, by filing the related application consents to inspection
of the subject property by the Administrator or the Administrator's staff at all
reasonable times, and by the Commission during and in the context of a
hearing, for the purpose of ascertaining the completeness and accuracy of
factual assertions in the application; and any person claiming the benefit of
an approved variance or conditional use consents to inspection of the subject
property by the Administrator or the Administrator's staff at all reasonable
times for the purpose of inspecting or investigating whether or not the
property and use are in compliance with conditions of approval and this Title,
3.17.06 Penalties
A. Criminal Penalties shall be as follows:
Page 17-4 Chapter 17, Enforcement
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
1. Each violation of this Title, or of the conditions of approval of a
variance, planned unit development, or conditional use, and each
day of each such violation, shall be considered a separate criminal
offense.
2. Each person acting as a principal, and each person acting as an
agent, violating this Title, or the conditions of approval of a
variance, planned unit development, or conditional use, shall be
responsible for the criminal offense.
3. Each criminal offense shall be a misdemeanor punishable by a fine
or imprisonment or both.
B. Civil Penalties shall be as follows:
1. Each violation of this Title, or of the conditions of approval of a
variance, planned unit development, or conditional use, and each
day of each such violation, shall be considered a separate civil
offense.
2. Each person acting as a principal, and each person acting as an
agent, violating this Title, or the conditions of approval of a
variance, planned unit development, or conditional use, shall be
responsible for the civil offense.
3. Each civil offense shall be punishable by a civil penalty not to exceed
one thousand dollars ($1,000.00) per day or per violation,
whichever is greater.
4. The City, and if the property is located in the Impact Area, Valley
County also, shall be entitled to recover, in any action for a civil
penalty, the actual costs of investigation, enforcement, and
mitigation, together with interest, court costs, and attorneys fees at
the prevailing hourly rate for attorneys practicing law in Valley
County, notwithstanding that the City Attorney and Valley County
Prosecuting Attorneys are salaried, at the option of the City or
County, as the case may be.
3.17.07 Election of Remedies
The City Attorney or Valley County Prosecuting Attorney has the discretion to
enforce the ordinances of the City of McCall either criminally or civilly.
3.17.08 Separability
If any section, sub-section, sentence, clause or phrase of this Title is for any
reason held to be unconstitutional, or unenforceable for any reason, such
holding shall not affect the validity of the remaining portions of this Title.
The
Chapter 17, Enforcement Page 17-5
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
City Council hereby declare that they would have passed the Ordinance which
created this Title and each section, sub-section, sentence, clause and phrase
thereof separately and irrespective of the fact that any one or more of the
other sections, sub-sections, sentences, clauses or phrases be
unconstitutional or unenforceable.
Page 17-6 Chapter 17, Enforcement
January 5, 2006 Council and Board Adoption Draft
Title 3, Planning and Zoning, City of McCall
Chapter 18
Comprehensive Plan
3.18.01 Purpose 18-1
3.18.02 Adoption of Plan 18-1
3.18.03 Revision of Plan 18-1
3.18.04 Certified Copies 18-2
3.18.01 Purpose
The purpose of this Chapter is to adopt a Comprehensive Plan for the planning
jurisdiction, pursuant to the provisions of Chapter 65, Title 67, Idaho Code. See §
67-6508, "Planning Duties" and § 67-6509, "Recommendations and Adoption,
Amendment, and Repeal of the Plan".
3.18.02 Adoption of Plan
A. City of McCall: The Comprehensive Plan for McCall, Valley County, Idaho, dated
July 2000, prepared by Science Applications International Corporation (SAIC),
as amended and approved by resolution of the Planning Commission of the City
on May 16, 2000, after public hearing thereon, and further amended by the
City Council, at a public hearing October 12, 2000, is hereby adopted as the
Comprehensive Plan of the City, and as hereafter amended.
B. Area of City Impact: That certain mutually agreed upon Comprehensive Plan
for the impact area dated July 2000, prepared, approved and recommended to
the governing boards of the City of McCall and County of Valley by the nine (9)
persons hereinabove described, be and the same is hereby adopted as the
Comprehensive Plan for the impact area, and as hereafter amended.
3.18.03 Revision of Plan
Following the receipt of a request for revision of the Comprehensive Plan, the
Administrator will initiate the required notice and hearings, following the same
process as for the amendment to the Zone Map. See Chapter 13, Permits and
Applications, § 3.13.05. The request for a revision can be made by any member of
the Council, Commission, the City Staff, or the General Public using the appropriate
form provided by the City.
Chapter 18, Comprehensive Plan Page 18-1
Council and Board Adoption Draft January 5, 2006
Title 3, Planning and Zoning, City of McCall
3.18.04 Certified Copies
Not less than three (3) copies of the Comprehensive Plan described above, duly
certified by the City Clerk, shall be on file for use and examination by the public in
the office of the City Clerk.
Page 18-2 Chapter 18, Comprehensive Plan
January 5, 2006 Council and Board Adoption Draft
Exhibit B
McCall City Council
Adopted Amendments
Amendment to Title 3— Planning and Zoning Code
New Title 9 — Subdivision and Development Regulation Code
February 17, 2006
The following amendments to the Council and Board Adoption Draft of the Zoning and
Subdivision Code were adopted by the City Council on February 16.
Housekeeping Amendments:
Title 3— Planning and Zoning
1. Chapter 2 — Definitions
a. Remove extra "white space" at bottom of page 2-2.
b. § 3.2.02 Delete definition 93. High Water Mark, Stream. Replace with
Mean High Water Mark" throughout document.
2. Chapter 6 — Open Space and Public Zones and Standards
a. 3.6.042 Short Title — Revise from "This Chapter may be ..." to "This
Section may be ..."
b. 3.6.045 Airport Zone Height Limitations — Revise from "e. Conical Zone—
Slopes twene20 feet outward for each foot ..." to "e. Conical Zone—
Slopes twenty (20) feet outward for each foot ..."
3. Chapter 7 — Special Districts
a. 3.7.023 C. 3. a. — Capitalize "The Owner ..." and capitalize the first word
of each subparagraph: b., c., d., e. Also: 4. a. thru e., 5. a. b. c., 7. a.
thru d., and 8 .a. b.
b. 3.7.023 B. 5. — Change from "... line is met, per § 3.7.023 B. 3." to "... line
is met per § 3.7.023 C. 3. c"
c. 3.7.031 Lands Included -- Revise from B. "... which is within 150 feet of
the nearest ..." to B. "... which is within one hundred fifty(150) feet of the
nearest ..."
d. 3.7.032 H. 4— Capitalize first word of each subparagraph: a., b., c.
4. Chapter 8 — General Development Standards
McCall City Council Page 1
Adopted Amendments February 17, 2006
a. 3.8.064— Renumber from "G" and "H" to "A" and "B."
5. Chapter 10 — Planned Unit Development
a. 3.10.07.H — Change the reference from "3.10.08.M" to "3.10.08.L."
6. Chapter 14-- Outdoor Lighting
a. 3.14.03— Change the reference from 3.14.042 to 3.14.02
b. 3.14.03 Applicability— Revise from B."...except § 3.14.042, within ..." to
B. "...except § 3.14.052, within ..."
7. Chapter 15 — Procedures, Appeals and Action
a. 3.15.03 Date and Notice of Public Hearing — Revise from A. "...date be
set later than 75 days after ..." to A. "...date be set later than seventy-five
75) days after ..."
8. Chapter 16 — Design Review
a. 3.16.07 Design Review Criteria C and D - Italicize Design Guidelines.
9. Chapter 17 — Enforcement
a. 3.17.08 Separability— Revise title of this subparagraph to Severability.
Also, correct the entry in the Table of Contents for Chapter 17, page 17-1
and the Table of Contents for Title 3, page v. Also, correct the entry for
the Table of Contents for Title 9, page iii (was Separability).
Title 9— Subdivision and Development Regulations
1. Chapter 1 — Subdivision and Development Provisions
a. 9.1.05 Scope — Reformat the subparagraphs of 9.1.05 B. 1 to the
original format (i.e. a., b. c. d. f. g. h. i. 1), 2), 3), h. Also, in
subparagraph I. the first word should be capitalized (Land ...).
b. 9.1.05 Scope — In subparagraph B. 2. the first word of each
subparagraph should be capitalized: a. The surveyor ... b. The
Administrator ...
c. 9.1.05 Scope — Revise from B.2.e.1. "...with the Zoning Ordinance
and ..." to B.2.e.1 "... with the Subdivision and Development
Ordinance and ..."
2. Chapter 2 — Plats and Procedures
a. 9.2.04 Contents of Preliminary Plat-- Capitalize the first word of each
subparagraph: H.7. a., b., c.
McCall City Council Page 2
Adopted Amendments February 17, 2006
b. 9.2.06 Review and Action, Preliminary Plat T- Revise subparagraph F.
3. (to agree with the change adopted by the P&Z on 16 November
2005)from: "A recommendation and/or a second public hearing ..." to
A recommendation of approval and/or a second public hearing ..."
c. 9.2.07 Final Plat— Capitalize the first word of each subparagraph:
D.1.a., b., c., d. D. 3. d. ("If the final ..,")
d. 9.2.08 Condominium Development— Change from 9.2.083 (first
and last sentences) "...by-laws..." to 9.2.083 "...bylaws..."
3. Chapter 3— Subdivision Design Standards
a. 9.3.107 — Correct spelling in first sentence from "in-lieu" to in lieu"
4. Chapter 4— Mobile Homes, Mobile Home Parks and Recreational Vehicle Park
a. 9.4.08 Recreational Vehicle Parks — Capitalize the first word of each
subparagraph: D. 7. a. thru f. and D. 8. a., b., c.
5. Chapter 6 -- Subdivision and Development Improvement Requirements
a. 9.6.03 Driveways, Residential — Revise from A. Driveway Design 2.
or greater than, 10,000 square feet ...", and "For lots less than
10,000 square feet in area ...", and "... a maximum length of 100 feet
and ..." to A. 2. "... or greater than, ten thousand (10,000) square
feet...", and "For lots less than ten thousand (10,000) square feet in
area ...", and "... a maximum length of one hundred (100) feet and ..."
b. 9.6.067 Guarantee Required — Capitalize the first word of each
subparagraph: B. 2, a, b
c. 9.6.067 Guarantee Required — Revise B. 3. a from "... public
improvements;" to: "... public improvements; and"
6. Chapter 7 — Special Provisions
a. 9.7.033 D. 4. a. thru e -- Capitalize the first word of each
subparagraph
7. Chapter 8— Flood Control Regulations
a. 9.8.05 Administration — Revise Subparagraph C. 2 from: "... with §
9.8.04 A." to "... with § 9.8.04 B."
b. 9.8.06 Provisions of ... —Capitalize the first word of each
subparagraph 9.8.06 B. 1. a. and b. and b. 1), 2), 3), and 9.8.06 B. 2.
d. and e.
McCall City Council Page 3
Adopted Amendments February 17, 2006
Other Housekeeping Amendments
1. Remove the "Future Acquisitions Map" from the list of referenced documents.
2. Create the Indexes for each Title
3. Upon adoption by the Council, globally replace in both Titles: (date of
adoption) with the actual date adopted.
4. Design Guidelines: Revise the Title Page and Header Text Font to the original
or something close):
City of McCall Bauhaus 93, 18 pt.
Design Guidelines Bauhaus 93, 16 pt.
Substantive Amendments
Title 3— Planning and Zoning
1. Chapter 2— Definitions
a. 3.2.02 — Change definition 43. Community Housing Unit to "Dwelling units
restricted (typically via deed restriction) by size and type for individuals
meeting asset, income and minimum occupancy guidelines approved by
the City."
b. 3.2.02 —Add definition for Community Housing Guidelines—"Guidelines
adopted by the City, County and other local jurisdictions which delineate
authority, policies, procedures and reporting methods for managing
Community Housing."
c. 3.2.02 —Add definition for Supermarket: "A supermarket or grocery store
is a store that sells a wide variety of food. A supermarket is larger than
and more than a grocery store. Most supermarkets also sell a variety of
other household products that are consumed regularly, such as alcohol
where permitted), household cleaning products, medicine, and clothes."
d. 3.2.02 -- Place in proper alphabetical order and revise definition for Tree:
a tall perennial woody plant having a main trunk and branches forming a
distinct elevated crown."
2. Chapter 4— Commercial Zones and Standards
a. 3.4.01.13 Community Commercial Zone — Change "auto" to "automobile."
b. Table 3.4.04 — Change the maximum structure height in the CC zone
from 35 feet to 50 feet and add footnote 2.
McCall City Council Page 4
Adopted Amendments February 17, 2006
c. Move 3.4.05 C to 3.4.04 D, renumber 3.4.05 D, and change Table 3.4.02,
note 3 from 3.4.05 C to 3.4.04 D.
3. Chapter 5 — Industrial Zones and Standards
a. Table 3.5.02 -- Change Dwelling, multi-family from "=' to "C" and add
footnote number 1. Amend footnote number 1 to read "Housing must be
a part of a mixed use project. Residential uses are only permitted on
upper floors."
4. Chapter 6 —Open Space and Public Zones and Standards
a. Table 3.6.03: Dimensional Standards for Public Zones— Change Building
Height for the AP zone from 50 feet to 60 feet.
b. 3.6.02 Public Use Zone Regulations— Change the second sentence to
read "...Temporary Uses, and aircraft parking and light maintenance in
the AP zone, shall be conducted within enclosed structures."
c. Table 3.6.02 — Change "C" to "P" for Cemeteries in the CV zone
d. Table 3.6.02 — Change "-" to "C" for Pit, mine, or quarry in the AP zone.
e. 3.6.05 Appeals -- Change the first sentence to read "The McCall Planning
and Zoning Commission and City Council shall..."
f. 3.6.052 Appeals — Change to read "...may appeal to the Commission and
to the Council ..."
5. Chapter 7 — Special Districts
a. 3.7.031 Lands Included — Revise subparagraph A. 9. from "9. West
Valley Road, Wisdom Road, and West Mountain Road extended to the
western ..." to "9. West Mountain Road, including the proposed eastward
extension to Boydstun Street or Deinhard Lane, extended to the western
b. 3.7.031 Lands Included — Delete subparagraph A. 10.
c. 3.7.031 Lands Included —Add subparagraph C:
C. Upon the approval by the City Council of the Airport Master Plan,
lands within the AP Zone District will not be subject to the
requirements of § 3.7.03."
d. 3.7.032 Requirements for Development— Revise subparagraph D. from
within any residential zone or commercial zone, the setbacks provided
McCall City Council Page 5
Adopted Amendments February 17, 2006
to "... within any residential zone, commercial zone, or industrial zone,
the setbacks provided .,."
6. Chapter 8 — General Development Standards
a. 3.8.03 Timber Harvest—Change from B. "...of no more than fifty percent
of the stems ..." to B. "... of no more than twenty (20) percent of the
stems ...".
b. 3.8.06 Parking Provisions, Driveways, and Loading areas —Add
subparagraph P. For residential driveways, see Title 9, § 9.6.03.
c. Table 3.8.062 Vehicle Parking — Change the parking spaces required for
hotels from "one per each sleeping room and one space for each two
employees. In addition, one oversize space (equivalent of two compact
spaces situated front to back) per four rooms." to "one per each sleeping
room and one space for each two employees. In addition, ten percent of
the parking spaces shall be oversized spaces (equivalent of two compact
spaces situated front to back)."
d. 3.8.10 Fencing —Add subparagraph A and renumber the subsequent
subparagraphs —"A. Perimeter Fencing which encloses a property with
more than two residential units shall conform to the requirements of Title
9, § 9.6.02.C."
e. 3.8.13 Landscaping, Screening and Buffering —Add subparagraph E.
The Developer is responsible for the identification and the proper
treatment or removal of noxious weed infestations, as specified by the
State of Idaho, before timber harvest or significant infrastructure work
commences. These costly infestations are easily transported to other
areas by construction vehicles."
f. 3.8.18 Retail, Formula Business Restriction —Add "Service stations and
supermarkets are not subject to this restriction, provided that these uses
are not combined with formula restaurants or other formula retail with a
different product offering."
g. 3.8.18 Retail, Formula Business Restriction —Change "fifty (50)" to "ten
10)" percent.
7. Chapter 10 -- Planned Unit Development
a. 3.10.07 — Revise second sentence from "D. A distance of ten feet ..." to
D. A minimum distance of ten feet ..."
b. 3.10.09— Insert a new"D" (adjust subsections accordingly), which states
This application procedure, including the above requirements, are
intended to be combined with those in Chapter 15."
McCall City Council Page 6
Adopted Amendments February 17, 2006
8. Chapter 13 — Permits and Applications
a. 3.13.022. Amend the opening sentence to say"To obtain a variance an
applicant shall follow the procedures in Chapter 15 and submit a written
application fora ..,"
b. 3.13.032. Amend the opening sentence to say To obtain a Conditional
Use Permit...an applicant shall follow the procedures in Chapter 15 and
submit a written application for a ..."
9. Chapter 14—Outdoor Lighting
a. 3.14.04.21 — Change from "City Council" to "City Manager."
b. 3.14.051.E —Change text from "Flashing holiday lights are prohibited.
Holiday lights are encouraged to be turned off after the close of
business." to "Holiday lights are encouraged to be controlled by timers."
10. Chapter 16 — Design Review
a. 3.16.02 Applicability— Revise first sentence from "... all developments
within the CV or AP zones, ..." to "... all developments within the CV, AF
or AP zones, ..."
Title 9— Subdivision and Development Regulations
1. Chapter 2 — Plats and Procedures
a. 9.2.07 Final Plat— Revise from B.1. "...after the thirteen month deadline
to B.1. "... after the eighteen (18) month deadline ..."
2. Chapter 6 — Subdivision and Development Improvement Requirements
a. 9.6.02 Improvement Requirements — Revise from A. 3. "... for public use
unless authorized by the City as private streets." to A. 3. "...for public
use."
McCall City Council Page 7
Adopted Amendments February 17, 2006
Exhibit C
McCall City Council
Adopted Amendments
Amendment to Title 3 — Planning and Zoning Code
February 23, 2006
The following proposed amendments to the Council and Board Adoption Draft of the
Zoning and Subdivision Code were adopted by the City Council on February 23, 2006.
Title 3 — Planning and Zoning
1. Chapter 2 — Definitions
a. 3.2.02 — Revise definition for Height, Building: "Excluded from the height
measurement are: Antennas (approved), roof stair access
enclosures/projections, cupolas, ..."
b. 3.2.02 — Revise definition of Professional Offices to include real estate
brokers/agents, title companies, and subdivision or fractional ownership
sales and marketing.
2. Chapter 4— Commercial Zones and Standards
a. Table 3.4.02 — Renumber the notes from 1,2,3,4,5,6 to 5,6,1,2,3,4 (i.e.,
notes 1 and 2 were numbered notes 5 and 6)
b. Table 3.4.02 — Capitalize: Storage or display yard
3. Chapter 10 — Planned Unit Development
a. 3.10.07 Developer Benefits — Change paragraph H to "The maximum
height for structures may be increased for projects in the CBD Zone north
of Lake Street and West of Third Street as described in § 3.10.08 L."
b. 3.10.08.L Maximum Height— Revise to read:
L. Maximum Height. The maximum height for structures may be
increased to a maximum height of fifty (50)feet in PUDs for projects
in the CBD Zone north of Lake Street and West of Third Street,
notwithstanding the provisions of § 3.4.04 or Chapter 7, Special
Districts to the contrary. Impacts related to any such increase in
height must be significantly outweighed by amenities, features and
public benefits of the project.
1. Amenities shall include high quality landscape and hardscape
incorporating pedestrian walking and gathering places that are
accessible to the public as a part of a planned continuous public
space (boardwalk) extending from First Street to Brown Park.
Amenities may also include benches and other furnishings,
public boating docks, natural features, pocket and/or sculpture
gardens, picnic areas with tables, etc.
2. Features shall include one hundred (100) percent commercial or
public uses on the street level floor, indoor storage and
collection of trash, below grade and/or off site parking,
pedestrian scale lighting, building entrances that directly access
the street and the waterfront.
3. Public benefits shall include public access to and along the lake
shores fronted by the property, unobstructed views of the lake
from Lake Street through the property, and commercial space
available for lease by local small businesses. Public benefits
may also include public access to the lake from Lake Street
through the property and restaurants, lounges and meeting
rooms that are open to use by the public in perpetuity.
McCall City Council Page 2
Adopted Amendments February 23, 2006
A SUMMARY OF ORDINANCE NO. 821
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, IDAHO REPEALING AND RE-ENACTING
TITLE 3 OF THE PLANNING AND ZONING ORDINANCE.
The principal provisions of the ordinance are:
Chapter 1 Authority and Purpose
3.1.01 Authority to Enact Zoning Regulations
3.1.02 Purpose of Zoning Regulations
3.1.03 Affected Lands
3.1.04 Area of City Impact Identified
3.1.05 Application of Regulations
3.1.06 Establishment of Zoning Districts
Chapter 2 Definitions
3.2.01 Interpretation of Terms or Words
3.2.02 Meaning of Terms or Words
Chapter 3 Residential Zones and Standards
3.3.01 Purpose
3.3,02 Residential Use Regulations
3.3.03 Residential Zone General Development Standards
3.3.04 Residential Zone Lot Width vs. Side Yard Setback
3.3.05 Residential Zone Lot Depth vs. Rear Yard Setback
3.3.06 Residential Zone Lot Coverage of Improvements
3.3.07 Residential Zone Required Determination
3.3.08 Residential Zone Special Development Standards
Chapter 4 Commercial Zones and Standards
3.4.01 Purpose
3.4.02 Commercial Use Regulations
3.4.03 Commercial Zone General Development Standards
3.4.04 Commercial Zone Special Development Standards
3.4.05 Special Standards for Residential Development in the CBD
3.4.06 Special Standards for Commercial Development in any District Zone
Chapter 5 Industrial Zone and Standards
3.5.01 Purpose
3.5.02 Industrial Zone Use Regulations
3.5.03 Industrial Zone General Development Standards
3.5.04 Specific Standards for Industrial Development in an Zone
Chapter 6 Open Space and Public Zones and Standards
3.6.01 Purpose
3.6.02 Public Zone Use Regulations
3.6.03 Public Zone General Development Standards
3.6.04 Airport Zoning
3.6.05 Appeals
Chapter 7 Special Districts
3.7.01 Navigable Water Zone
3.7.02 Shoreline and River Environs Zone
3.7.03 Scenic Route Zone
3.7.04 Payette Lakes Water and Sewer District Zones Overlay
Chapter 8 General Development Standards
3.8.01 General Requirements
3.8.02 Prohibited Uses
3.8.03 Timber Harvest
3.8.04 Fire Hazard Mitigation Standards
3.8.05 Temporary Storage &Merchandising Facilities not to Become Permanent
3.8.06 Parking Provisions, Driveways, and Loading Areas
3.8.07 Animals
3.8.08 Antennas
3.8.09 Provision for Trash Storage, Collection and Disposal
3.8.10 Fencing
3.8.11 Accessory Use, Buildings, and Structures
3.8.12 Corner Vision
3.8.13 Landscaping, Buffering, and Screening
3.8.14 Building Step-back Standards Adjacent to Residential Zones
3.8.15 Snow Storage and Drainage
3.8.16 Other Requirements
3.8.17 Formula Restaurant Limitation
3.8.18 Formula Retail Business Limitation
3.8.19 Main Entrances in R4 through R16 Zones
3.8.20 Special Standards for Garages
Chapter 9 Signs
3.9.01 Purposes
3.9.02 Definitions
3.9.03 Sign Standards by Zone
3.9.04 Temporary Signs
3.9.05 Exempt Signs
3.9.06 Non-Conforming Signs
3.9.07 Prohibited Signs
3.9.08 Illumination
3.9.09 Permits and Fees
3.9.10 Structural Requirements
3.9.11 Inspection, Removal, Safety
Chapter 10 Planned Unit Development
3.10.01 Purpose
3.10.02 Planned Unit Development Permitted
3.10.03 Ownership
3.10.04 Approval Criteria and Conformance with Zoning and Title 9
3.10.05 Use Regulations
3.10.06 Use Exceptions
3.10.07 Developer Benefits
3.10.08 Development Standards
3.10.09 Application Procedure
3.10.10 Improvement Guarantees
3.10.11 Extension of Preliminary Development Plan Approval
3.10.12 Amendments to the Final Development Plan
Chapter 11 Non-Conforming Buildings, Structures and Uses
3.11.01 Nonconfor7nities—Purpose
3.11.02 Nonconforming Lots of Record
3.11.03 Nonconforming Structures
3.11.04 Nonconforming Uses of Land
3.11.05 Uses Permitted Under Conditional Use Provisions
3.11.06 Nonconforming Uses of Structures
3.11.07 Repairs and Maintenance
3.11.08 Nonconforming Parking, Loading, or Other Characteristics of Use
3.11.09 Continuity of Prior Conditional Uses and Variances
Chapter 12 Planning and Zoning Commission
3.12.01 Commissions Created; Purpose
3.12.02 Qualifications; Term of Office
3.12.03 Organization
3.12.04 Compensation; Reports; Meetings
3.12.05 Duties
3.12.06 City Departments to Cooperate
3.12.07 Relation to Other Boards
3.12.08 Authority to Expend Money Withheld
Chapter 13 Permits and Applications
3.13.01 Administrative Approval
3.13,02 Variances Authorized
3.13.03 Conditional Use Permit Standards
3.13.04 Zoning Ordinance Amendments
3.13.05 Zoning Map Amendments
3.13.06 Zoning Upon Annexation
3.13.07 Development Agreements, Zoning Action
Chapter 14 Outdoor Lighting
3.14.01 Purpose
3.14.02 Guidelines
3.14.03 Applicability
3.14.04 Definitions
3.14.05 Outdoor Lighting Standards
3.14.06 Procedure
3.14.07 Violations and Legal Actions
3.14.08 Exemptions
Chapter 15 Procedures, Appeals and Action
3.15.01 Applicant; General Procedures
3.15.02 Preliminary Development Plan Review
3.15.03 Date and Notice of Public Hearing
3.15.04 Conduct of Hearings
3.15.05 Action by the Commission
3.15.06 Notification to Applicant
3.15.07 Action by the City Council
3.15.08 Appeal or Request for Hearing by Aggrieved Persons
3.15.09 Administrative Appeals
3.15.10 Judicial Review
Chapter 16 Design Review
3.16.01 Purpose
3.16.02 Applicability
3.16.03 Review Bodies and Procedures
3.16.04 Permits
3.16.05 Design Review Process
3.16.06 Design Review Application
3.16.07 Design Review Criteria
3.16.08 Lapse of Design Review Approval
Chapter 17 Enforcement
3.17.01 Purpose
3.17.02 Compliance by Issuers of Permits
3.17.03 City Enforcement
3.17.04 Civil and Criminal Enforcement
3.17.05 Investigations
3.17.06 Penalties
3.17.07 Election of Remedies
3.17.08 Separability
Chapter 18 Comprehensive Plan
3.18.01 Purpose
3.18.02 Adoption of Plan
3.18.03 Revision of Plan
3.18.04 Certified Copies
3.18.05 Future Acquisitions Map
The Ordinance shall be effective upon publication of this Summary.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request. The full text is also available online at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS Ci tit -DAY
OF 1Y1«,,_r 1t 2006.
Approved:
By: (A)/
Mayor
Attest:e cCAL s®
7,
By a SEAL. o
a*City Clerk a
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