HomeMy Public PortalAboutOrd. 821 - Exhibits B & CExhibit 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.
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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.
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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
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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."
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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