HomeMy Public PortalAboutOrd. 979 Title 3 Non-Conforming Code UpdateORDINANCE NO.979
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
REPEALING CHAPTER 11, NONCONFORMING BUILDINGS, STRUCTURES AND USES,
OF TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, & REENACTING
CHAPTER 11, NONCONFORMING USE, STRUCTURE OR DEVELOPMENT, OF TITLE 3,
PLANNING AND ZONING, OF THE McCALL CITY CODE, FOR THE PURPOSE OF
STREAMLINING THE PROCESS, FACILITATING ADMINISTRATION, CLARIFYING
THE CHAPTER SO AS TO ELIMINATE THE ADMINISTRATIVE DETERMINATION,
ALLOWING ADDITIONS UNDER 25% TO EXISTING NONCONFORMING
STRUCTURES WITHIN THE SHORELINE ZONE, PROMOTING AND ALLOWING FOR
ENERGY EFFICIENCY IMPROVEMENTS, ALLOWING FOR EXCEPTIONS TO THE 10%
REPAIRS AND MAINTENANCE PROVISIONS FOR HISTORICALLY SIGNIFICANT
BUILDINGS, AND ALLOWING FOR APPROVAL OF STYLE CHANGES WHEN
RESTORING TO A SAFE CONDITION ANY NONCONFORMING STRUCTURE OR PART —
THEREOF DECLARED TO BE UNSAFE BY THE BUILDING INSPECTOR.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO:
Section l: That Chapter 11, Nonconforming Buildings, Structures and Uses, of Title 3,
Planning and Zoning, of the McCall City Code is hereby REPEALED in its entirety.
Section 2: That Chapter 11, Nonconforming Use, Structure or Development, of Title 3,
Planning and Zoning, of the McCall City Code is hereby REENACTED as follows, to -wit:
See Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in
full.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT ON JULY 1, 2019.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
VALLEY COUNTY, IDAHO, THIS 23rd DAY OF May, 2019.
Attest:
s
ByL-
BessieJo ner, City ti erk
Ord. 979 Non -Conforming Code Update
May 23, 2019
Approved:
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EXHIBIT A
Chapter 11
NONCONFORMING USE, STRUCTURE OR DEVELOPMENT
3.11.01 PURPOSE
3.11.02 APPLICABILITY
3.11.03 GENERAL PROVISIONS
3.11.04 NONCONFORMING USE
3.11.05 NONCONFORMING STRUCTURE
3.11.06 NONCONFORMING DEVELOPMENT
3.11.07 EXCEPTIONS
(A) To declare that conformities are incompatible with the allowed uses and development
requirements of the zoning district regulation set forth in this title.
(B) To permit nonconformities to continue until they are removed and to allow for routine
maintenance, but not to encourage their perpetuation.
(C) To restrict nonconformities from being enlarged upon, expanded or extended.
(D) To prevent nonconformities from being used as the grounds for adding other prohibited
structures or uses in the same zone.
(E) To further the goals and policies of the City's adopted Comprehensive Plan which
encourages energy efficiencies in structures; promotes in -fill development; and the
preservation of the scenic value of the shoreline and existing historic development which
contribute to the unique character of the City. It is therefore the intent of this chapter to
allow for limited exceptions to the limitations on nonconformities which meet these
Comprehensive Plan objectives.
3.11.02 APPLICABILITY
(A) These regulations shall apply to any lawfully existing nonconforming use, structure or
development that existed prior to March 16, 2006.
(B) Any "special use" or variance granted prior to March 16, 2006, shall be permitted to
continue in accordance with the terms and conditions of approval for such "special" (now
known as "conditional") use or variance, subject to the provisions set forth in Chapter 13
of this Title. Such a use shall not be deemed a nonconforming use.
(C) Applications pending as of the effective date of this title, July 1, 2019.
1. Project with pending application: All applications shall be processed according to
the regulations and requirements in effect as of the date the application was
accepted by the City as complete.
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Ord. 979 Non -Conforming Code Update
May 23, 2019
2. Approved project with pending request for a time extension: Time extension
requests shall be consistent with the requirements that are in effect when the
original application was approved.
3. Approved projects not yet completed: Any approved application may still be
completed as provided by the approval.
3.11.03 GENERAL PROVISIONS
(A) Where at the time of the adoption of applicable regulations, lawful use of land, structures,
and/or development existed which would not be permitted by the regulations imposed by
this title, the use, structure and/or development may be continued so long as it remains
otherwise lawful, and adheres to the provisions of this chapter.
(B) A nonconforming use of land or structure, or a nonconfoiniing 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 March 16,
2006.
3.11.04 NONCONFORMING USE
(A) A nonconfoiniing use that involves no individual structures other than small or minor
accessory buildings, may be continued so long as it remains otherwise lawful, provided:
1. No such nonconforming use shall be enlarged or increased.
2. 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.
3. If any nonconforming use ceases for any reason for more than twelve (12)
months, any subsequent use of land shall conform to the regulations of this title;
provided, however, that the owner of such land may, in writing, file with the
administrator during or before such twelve (12) month period expires, giving
notice that the owner intends to suspend the use and intends to preserve the right,
not exceeding three (3) years, to resume the use.
4. No additional nonconforming structure(s) shall be erected in connection with such
nonconforming use of land.
(B) A nonconforming use that involves individual buildings or structures, or of structure and
land in combination, may be continued, so long as it remains otherwise lawful, provided:
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Ord. 979 Non -Conforming Code Update
May 23, 2019
1. No existing structure devoted to a nonconforming use 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.
2. 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 that the use
became nonconforming.
3. 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.
4. If any nonconforming use of a structure and land is discontinued or abandoned for
twelve (12) months, the structure and land shall not be used except in conformity
with the regulations of this title; provided, however, that the owner of such use
may, in writing, file with the administrator during or before such twelve (12)
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.
5. Where nonconforming use status applies to a structure and premises, removal or
destruction of the structure shall eliminate the nonconforming status.
"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.
3.11.05 NONCONFORMING STRUCTURE
(A) A structure that is nonconforming by reason of restrictions on area, lot coverage, height,
yards, location on the lot, or other requirements concerning the structure, such non -
conformities may be continued so long as the structure remains otherwise lawful, subject
to the following provisions:
1. No nonconforming structure may be enlarged or altered in a way which increases
the nonconformity including volume, but any structure or portion may be altered
to decrease its nonconformity.
2. Should a 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. The term "damage" includes natural
or accidental events, such as fire, flood, lightning, or fallen snow or -tree, but
does not include incidental harm or intentional demolition by the owner to a
structure. 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:
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Ord. 979 Non -Conforming Code Update
May 23, 2019
a. 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
b. No other nonconforming structure was constructed on that site during the
eighteen (18) month period.
3. 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.
4. A nonconforming structure may be enlarged, so long as the addition to the
structure conforms to all the requirements of the zone with the exception as stated
in section 3.11.07(A) of this chapter.
3.11.06 NONCONFORMING DEVELOPMENT
(A) In any zone in which single-family dwellings are permitted, notwithstanding limitations
imposed by 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,
provided:
1. 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.
2. A lot which fails to be conforming in any zone shall maintain a front yard setback
of twenty feet (20'), side yards setback of five feet (5'), rear yard of five feet (5'),
and maximum lot coverage of fifty percent (50%).
(B) A development that is not in accord with the standards for development such as off street
parking, off street loading, lighting, lot coverage or landscaping shall be restricted in
expansion of uses or structures associated with the development until the nonconforming
development standards have been mitigated as deteiinined by the Planning and Zoning
Commission. Change shall be permitted in the direction of conformity to these
requirements.
3.11.07 EXCEPTIONS
(A) Shoreline Development: If the nonconforming structure or portion thereof is located
within the 50-foot shoreline setback pursuant to Chapter 7 of this title, then:
1. A single one-time only addition, less than twenty-five (25) percent of the total
square footage of the existing nonconforming structure is allowed so long as the
addition to the structure conforms to all the requirements of the zone.
Ord. 979 Non -Conforming Code Update
May 23, 2019
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2. Additions or enlargements to the structure that equal more than twenty-five (25)
percent of the total square footage of the existing nonconforming structure shall
require the entire nonconforming structure, or portion thereof which causes the
structure to be -nonconforming, to be removed and conform to all the requirements
of the zone.
(B) Repairs and Maintenance: For any nonconforming structure or structures containing a
nonconforming or permitted use, ordinary repairs, repair, additions or replacement of
nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding ten percent
(10%) of the current replacement cost of the nonconfoiiiiing structure or portion of
structure may be made within a five (5) year period.
1. Energy efficiency improvements to the Building Thermal Envelope, as defined by
the International Energy Efficiency Code, will be exempted from the ten percent
10% valuation.
2. Similarly, historically significant structures as defined in MCC 2.4.100 (A) with
recommendation from the Historic Preservation Committee may be exempted by
the Administrator.
(C) Exterior improvements that do not increase the nonconformity and style and material changes
such as siding, roof and enlarged windows may be approved by the Administrator when in
accordance with McCall Design Guidelines.
(D) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe
condition of any nonconforming structure or part of the structure declared to be unsafe by the
building inspector.
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Ord. 979 Non -Conforming Code Update
May 23, 2019
A SUMMARY OF ORDINANCE NO. 979
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
REPEALING CHAPTER 11, NONCONFORMING BUILDINGS, STRUCTURES AND USES,
OF TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, & REENACTING
CHAPTER 11, NONCONFORMING USE, STRUCTURE OR DEVELOPMENT, OF TITLE 3,
PLANNING AND ZONING, OF THE McCALL CITY CODE, FOR THE PURPOSE OF
STREAMLINING THE PROCESS, FACILITATING ADMINISTRATION, CLARIFYING
THE CHAPTER SO AS TO ELIMINATE THE ADMINISTRATIVE DETERMINATION,
ALLOWING ADDITIONS UNDER 25% TO EXISTING NONCONFORMING
STRUCTURES WITHIN THE SHORELINE ZONE, PROMOTING AND ALLOWING FOR
ENERGY EFFICIENCY IMPROVEMENTS, ALLOWING FOR EXCEPTIONS TO THE 10%
REPAIRS AND MAINTENANCE PROVISIONS FOR HISTORICALLY SIGNIFICANT
BUILDINGS, AND ALLOWING FOR APPROVAL OF STYLE CHANGES WHEN
RESTORING TO A SAFE CONDITION ANY NONCONFORMING STRUCTURE OR PART
THEREOF DECLARED TO BE UNSAFE BY THE BUILDING INSPECTOR.
The principal provisions of the Ordinance
• Repeals, reenacts and renames Chapter 11 from Nonconforming Buildings,
Structures and Uses to Nonconforming Use, Structure or Development;
• Repeals, reenacts and renames 3.11.01 Nonconformities; Purpose to Purpose to
connect the regulations to the goals of the Comprehensive Plan;
• Repeals, reenacts and renames 3.11.02 Nonconforming Lots of Record to
Applicability prior to March 16, 2006 and establishes the effective date of
Chapter 11 to be July 1, 2019;
• Repeals, reenacts and renames 3.11.03 Nonconforming Structures to General
Provisions;
• Repeals, reenacts and renames 3.11.04 Nonconforming Uses of Land to
Nonconforming Use and shortens the time period therein from 18 months to 12
months that abandonment will result in forfeiture of the ability to continue use
which is nonconforming;
• Repeals, reenacts and renames 3.11.05 Uses Permitted Under Conditional Use
Provisions to Nonconforming Structure;
• Repeals, reenacts and renames 3.11.06 Nonconforming Uses of Structures to
Nonconforming Development;
• Repeals, reenacts and renames 3.11.07 Repairs and Maintenance to Exceptions;
Ordinance 979 Summary
May 23, 2019
" R e p e a l s 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
a n d 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 ;
" T h e n e w c o d e s e c t i o n s r e d u c e s o m e r e s t r i c t i o n s o n r e p a i r s , m a i n t e n a n c e , a n d
r e m o d e l i n g o f n o n c o n f o r m i n g u s e s a n d s t r u c t u r e s , b u t i n c r e a s e r e g u l a t i o n o f t h o s e
u s e s a n d s t r u c t u r e s w h e r e t h e o w n e r c o n d u c t s e x t e n s i v e r e m o d e l i n g t h a t i n v o l v e s
p a r t i a l r e m o v a l o f a n o n c o n f o r m i n g s t r u c t u r e . T h e n e w c o d e p r o v i d e s e x c e p t i o n s
f o r r e p a i r s a n d m a i n t e n a n c e w i t h i n t h e s h o r e l i n e o v e r l a y z o n e , a n d w h e n t h e
r e p a i r s o r m a i n t e n a n c e a r e t o s i d i n g , r o o f , w i n d o w s , o r f o r i n c r e a s e d e n e r g y
e f f i c i e n c y .
T h e O r d i n a n c e s h a l l t a k e e f f e c t J u l y 1 , 2 0 1 9 .
T h e f u l l t e x t o f t h e O r d i n a n c e i s a v a i l a b l e f o r r e v i e w a t C i t y H a 1 1 a n d w i l l b e p r o v i d e d b y t h e
C i t y C l e r k t o a n y c i t i z e n u p o n p e r s o n a l r e q u e s t , o r c a n b e v i e w e d o n t h e C i t y w e b s i t e a t
w w w . m c c a l l . i d . u s .
A P P R O V E D B Y T H E C O U N C I L O F T H E C I T Y O F M c C A L L , I D A H O , T H I S 2 3 r d D A Y O F
M a y 2 0 1 9 .
A p p r o v e d :
A T T E S T :
B y
B e s s i e J o W a g n e r , C i t y C l e r k
O r d i n a n c e 9 7 9 S u m m a r y
M a y 2 3 , 2 0 1 9
Publisher’s Affidavit of Publication
STATE OF IDAHO
County of Valley }.ss
}
I, Tricia Warren, being duly sworn and say, I am the office manager of
The Star-News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began June 6, 2019 and ended June 6, 2019.
_______________________________________
Subscribed and sworn before me this the 6th day of June, 2019.
STATE OF IDAHO
COUNTY OF VALLEY
On this 6th day of June in the year of 2019, before me, a Notary
Public, personally appeared Tricia Warren, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
________________________________________
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 1/19/2024
A SUMMARY OF ORDINANCE NO. 979PASSED BY THE CITY OF MCCALL, IDAHOAN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REPEALING CHAPTER 11, NONCONFORMING BUILDINGS, STRUCTURES AND USES, OF TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, & REENACTING CHAPTER 11, NONCONFORMING USE, STRUCTURE OR DEVELOPMENT, OF TITLE 3, PLANNING AND ZONING, OF THE McCALL CITY CODE, FOR THE PURPOSE OF STREAMLINING THE PROCESS, FACILITATING ADMINISTRATION, CLARIFYING THE CHAPTER SO AS TO ELIMINATE THE ADMINISTRATIVE DETERMINATION, ALLOWING ADDITIONS UNDER 25% TO EXISTING NONCONFORMING STRUCTURES WITHIN THE SHORE-LINE ZONE, PROMOTING AND ALLOWING FOR ENERGY EFFICIENCY IMPROVE-MENTS, ALLOWING FOR EXCEPTIONS TO THE 10% REPAIRS AND MAINTENANCE PROVISIONS FOR HISTORICALLY SIGNIFICANT BUILDINGS, AND ALLOWING FOR APPROVAL OF STYLE CHANGES WHEN RESTORING TO A SAFE CONDITION ANY NONCONFORMING STRUCTURE OR PART THEREOF DECLARED TO BE UNSAFE BY THE BUILDING INSPECTOR. The principal provisions of the Ordinance • Repeals, reenacts and renames Chapter 11 from Nonconforming Buildings, Structures and Uses to Nonconforming Use, Structure or Development; • Repeals, reenacts and renames 3.11.01 Nonconformities; Purpose to Purpose to connect the regulations to the goals of the Comprehensive Plan;• Repeals, reenacts and renames 3.11.02 Nonconforming Lots of Record to Applicability prior to March 16, 2006 and establishes the effective date of Chapter 11 to be July 1, 2019;• Repeals, reenacts and renames 3.11.03 Nonconforming Structures to General Provisions;• Repeals, reenacts and renames 3.11.04 Nonconforming Uses of Land to Nonconforming Use and shortens the time period therein from 18 months to 12 months that abandonment will result in forfeiture of the ability to continue use which is nonconforming;• Repeals, reenacts and renames 3.11.05 Uses Permitted Under Conditional Use Provisions to Nonconforming Structure; • Repeals, reenacts and renames 3.11.06 Nonconforming Uses of Structures to Nonconform-ing Development;• Repeals, reenacts and renames 3.11.07 Repairs and Maintenance to Exceptions;• Repeals 3.11.08 Nonconforming Parking, Loading or Other Characteristics of Use and 3.11.09, Continuity of Prior Conditional Uses and Variances;• The new code sections reduce some restrictions on repairs, maintenance, and remodeling of nonconforming uses and structures, but increase regulation of those uses and structures where the owner conducts extensive remodeling that involves partial removal of a nonconforming struc-ture. The new code provides exceptions for repairs and maintenance within the shoreline overlay zone, and when the repairs or maintenance are to siding, roof, windows, or for increased energy efficiency.The Ordinance shall take effect July 1, 2019.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, or can be viewed on the City website at www.mccall.id.us.APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 23rd DAY OF May 2019.Approved:By JACKIE J. AYMON,MayorATTEST:By BessieJo Wagner,City Clerk 1tc6/6