7-1-3: McCALL PLANNING AND ZONING, SUBDIVISION AND DEVELOPMENT AND BUILDING ORDINANCES:

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Lester Blankenship
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1 7-1-3: McCALL PLANNING AND ZONING, SUBDIVISION AND DEVELOPMENT AND BUILDING ORDINANCES: A. Pursuant to Idaho Code sections (a)(1) and , McCall city code title 3 and title 9, its zoning ordinance as enacted by its ordinance 821 and 822, in turn as amended by its ordinances831, 840, 841, 847, 848, 856, 857, 861, 864, 864, 866, 875, 876, 880, 883, 885, 898, 899, 902, 907, 914, 922, 923, and McCall city code title 2, its building code ordinance as enacted by its ordinance 640, in turn as amended by its ordinances 701, 773, 775?, 811, 884, 919, shall be applied to the city of McCall area of city impact, including the zoning map adopted by such ordinances and referenced in such title 2, title 3, and title 9. B. Ordinances listed in A have subsequently been amended by county ordinances as listed in Section of the Valley County Code. C. All final decisions, including legislative matters and quasi-judicial matters, made in the McCall area of city impact are appealable to the Valley County Board of Commissioners as the governing board. This portion of the ordinance shall take precedence over any other section of the adopted Valley County Codes that may be in conflict with this jurisdictional matter. Moreover, any specific power which is constitutionally reserved to the County or City and which may be in contradiction with the McCall City Code of Valley County Code shall remain reserved with the County or City and shall be severable from the McCall or Valley County Codes without invalidating the same : JOINT PLANNING AND ZONING COMMISSION: 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. 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. The board is the governing authority in legislative matters, in quasi-judicial, and administrative matters for the impact area. (Ord. 821, , eff ) B. Term Of Office; Appointment; Vacancies: Commission shall consist of seven (7) members: four (4) appointed by the mayor with the consent of the council, and three (3) 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 (2) years prior to appointment. The members in office on March 16, 2006, 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 (3) years. Each member shall serve no more than two (2) full consecutive terms except where approved by two-thirds ( 2 / 3 ) concurrence of the governing

2 authority which appointed him or her and duly adopted by motion and recorded in the minutes; filling the remainder of an unexpired term with more than two and one-half (2 1 / 2 ) 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 this section. (Ord. 900, ) C. Officers: The planning commission shall at its first meeting each calendar year elect a chair and a vice chair who shall be members and shall serve for a term of one year.. D. Compensation: Records; Minutes: 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. 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 E. Meetings: 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 and the board, the commission shall hold a meeting on the first Tuesday of each month at five thirty (5:30) 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. F. Duties: The duties of the commission are to: 1. 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 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 such individuals. The commissions shall cooperate with other and like commissions along the lines and purpose prescribed in sections through , Idaho Code.

3 2. Recommend amendments to the McCall comprehensive plan and this code, and develop regulations and other related matters pursuant to section , Idaho Code. 3. 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 section , and only through the procedures (including hearings) required by chapters 13 and 15 of the McCall City Code. 4. Review and make recommendations for the administration of this title and title IX, "Subdivision And Development", of this code. 5. Carry out the duties delegated by the city manager, city council, board of commissioners, applicable city code, applicable county code, and the Idaho Code. 6. Propose, review and approve any amendments to this title or title IX of the McCall City Code and of this code before action by the council and/or board. 7. Perform the duties as delineated in chapter 16, "Design Review", of the McCall City Code. G. Cooperation Of Departments And Employees; Technical And Advisory Committees: All departments and employees of the city and county 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 H. Governing Board: 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. The governing board for the joint commission in the McCall area of city impact is the Valley County Board of Commissioners for said area of impact. I. Expenditures: The joint commission shall have no authority to make expenditures on behalf of the city or county nor to obligate the city or county for the payment of any sum of money unless authorized by the council or board, who shall specify the administrative method by which such funds shall be expended.

4 J. Ratification Of Past Actions And Recommendations: The past actions and recommendations of the McCall area of city impact joint planning and zoning commission, since it was first seated pursuant to the agreement of September 2, 1980, and down to the effective date of this ordinance and code, are hereby ratified in accordance with the final action taken by the governing board with respect to each, where governing board action was required, and in accordance with the final action of such commission where no further action by a governing board was required for finality : COUNTY ORDINANCES AND RESOLUTIONS CONCERNING McCALL AREA OF CITY IMPACT: The following ordinances concerning the McCall area of city impact have been adopted by the county in relationship to ordinances adopted by the McCall city council which amend the McCall city code. Only the title and subject of each ordinance is included, not the entirety of the ordinance. (2011 Code) Ordinance 06-2: An ordinance of Valley County authorizing the application to the city of McCall area of city impact of McCall city code titles 3 and 9, as amended and adopted respectively, by its ordinances 821 and 822; including its zoning map; and providing an effective date. (Ord. 06-2, ) Ordinance 08-01: An ordinance of Valley County, Idaho, creating an ordinance to be administered by the Valley County Sheriff s Office and to be known as Waterway Ordinance for Big Payette lake Watershed, establishing regulations for use of said watershed in order to promote and protect the health, safety, and general welfare of citizens of the County. (Ord , ) Resolution 08-07: A resolution of the Valley County Board of Commissioners, Idaho, amending McCall Area Comprehensive Plan, providing for related matters, and providing an effective date. (Ord , ) Ordinance 10-2: An ordinance of Valley County, Idaho, amending subsections (D) and (H) of the McCall city code applied within the city of McCall area of city impact, as adopted by ordinance 06-2; and to revise the procedure for administering the authorization of street banners over Highway 55, temporary event signs on utility and light poles, authorizing the McCall city council to designate regulations by resolution, and providing an effective date. (Ord. 10-2, ) Ordinance 10-3: An ordinance of Valley County, Idaho, amending title 3 of the McCall city code applied within the city of McCall area of city impact, as adopted by ordinance 06-2, to clarify

5 the definitions of farm animals, zones allowed, and conditions required to keep small farm animals. (2011 Code) (Ord. 10-3, ) Ordinance 11-10: An Ordinance of Valley County, Idaho amending Chapter 5 of Title 3 Section Purpose and adding new Sections Business Park Use Regulations, Business Park Zone General Development Standards, Public Improvements, Hours of Operation and Noise Restrictions, Planned Unit Development Requirements, Vehicle and Bicycle Parking, Architectural, Landscaping, Fencing, Outdoor Lighting, and Sustainable Construction Standards; and amending Chapter 1 of Title 3 Section Establishment of Zoning Districts; and amending Chapter 7 Section Requirements for Development (D), and amending Chapter 8 Sections (A) Temporary Storage and Merchandising Facilities Not to Become Permanent, Parking Provisions, Driveways and Loading Areas (A) and (D) 2., parking Area Development Standards (A) 1., (A) Driveways, (B) Animals, Provision for Trash Storage, Collection and Disposal, (G) Fencing, (A) 2; (B), (C), and (D), and amending Chapter 9 Sections Definitions, (D) 2., (E) 3., Sign Standards by Zone, Section (K) Prohibited Signs; and amending Chapter 10 of Title 3 Section Purpose, (F) Developer Benefits, (I) Development Standards, (C)2.(b), and amending Chapter 16 of Title 3 Section Applicability, and amending Chapter 3 of Title 9 Section (A) Alleys, and amending Chapter 4 of Title 9 Section C. and E. Other Mobile Home/Manufactured Units, and amending Chapter 6 of Title 9 Sections (A) 3, (C) and (T), and (D)6.b., and Chapter 7 of Title 9 Section (C) Environmental and Aesthetics of the Applied McCall City Code within the City of McCall Area of Impact, as adopted by Ordinance NO.06-02, all of which amendments provide for the creation of a new Business Park Zone and/or account for the new Business Park Zone Regulations. (Ord , ) Ordinance 12-3: An ordinance of Valley County, Idaho amending McCall City Code Sections (G) Bike Paths, (C) Other Requirements, (G)(9) Application Procedure, (A)(3)(1) Application for Conditional Use Permit, and (B)(2) Application for Conditional Use Permit to provide for an new subsection number 5 and to renumber the existing subsections 5 & 6 to subsections 6 & 7 of Title 3; to amend sections (B)(2) Scope Record of Survey Procedure, (C)(19)(20) Final Plat, and (A) Easements, (F) Alleys, (B) Pedestrian and Bicycle Pathways and Greenbelts, (A) Improvement Requirements, (4) Driveways, Residential, and Construction Drawings and As Built Information of Title 9; and (C)(3) Zoning and Site Development of Title 2, to provide references to the digital data submission standards policy. (Ord. 12-3, )

6 Ordinance 12-5: An ordinance of Valley County, Idaho amending McCall City Code for the Impact Area Section Scenic Route Zone Requirements for development procedural rules to align the review procedure for scenic route applications with the procedure for review of design review applications; deleting existing subsection (I); and providing an effective date. (Ord. 12-5, ) Ordinance 13-01: An ordinance of the City of Valley County, Idaho amending McCall City Code Title 3 Section Parking Provisions, Driveways and Loading Area, Section Parking and Development Standards and Section off Street Parking Requirements to reduce parking requirements for existing buildings and new construction in central business district, community commercial, industrial and business park zones and providing an effective date. (Ord , ) Ordinance 14-02: An ordinance of Valley County, Idaho amending McCall city code for the McCall impact area title 3 chapter 9 signs and in particular sections by changing the definitions for political signs and signs, and adding a new definition for wayfinding sign; (A)(C)(D)(E) sign standards for all zones to provide for certain signs in mixed use developments and apartments, wayfinding signs, changeable signs, regulation of location and size of signs in all zones; in regulating the size of window signs; in (B) to delete separate regulations for institution signs, and to better define prohibited vehicle signs, and limiting the number of flags other than United States, state or other nations and eliminating menu boards as a separate regulated sign type; in (A)(1) amending the provisions for nonconforming signs; in (F)(K) amending the exceptions from prohibited signs; in (B) providing for halo lighted signs; in (F) to regulate neon signs; in (A)(3)(4) to clarify what additional permits are required besides sign permits; and providing an effective date. (Ord , ) Ordinance 14-03: An ordinance of Valley County, Idaho amending McCall city code for the impact area title 3 chapter 4 section table permitted and conditionally permitted uses within commercial zones to allow office uses on ground floors of buildings and reducing the number of uses that first require a conditional use permit; amending section special parking standards in central business district adding a new subsection (D) to exempt certain properties from having to provide off street parking; and title 3 chapter 8 section (A)(1) surfacing to provide driveways must have improved surfaces and section (B) sidewalk, curb and gutter and/or pathways to provide for the waiver of certain improvements under limited circumstances; and providing an effective date. (Ord , ) Ordinance 15-01: An ordinance of Valley County, Idaho amending McCall City Code for the

7 McCall Impact Area Title 3 Chapter 2 and Chapter 3; amending section Meanings of Terms or Words to include a definition of short-term rental and clarifying dwelling, rooming house and hotel or motel; amending section Table residential use regulations to require a conditional use permit for short-term rentals with occupancy of twenty or more persons; and providing an effective date of January 1, (Ord , ) Ordinance 15-02: An ordinance of Valley County, Idaho amending McCall city code for the McCall impact area title 3 chapters 3 and 16; amending section table residential use regulations to remove the requirement that accessory and two-family dwellings obtain a conditional use permit and permitting accessory and two-family dwellings in all residential zones; amending section to require design review approval for residential projects of two (2) or more units; and providing an effective date. (Ord , )

Chapter 4: DUTIES, ROLES, and RESPONSIBILITIES of TOWN COUNCIL, PLANNING COMMISSION and BOARD of ADJUSTMENTS, and OTHER COMMITTEES AS APPOINTED

Chapter 4: DUTIES, ROLES, and RESPONSIBILITIES of TOWN COUNCIL, PLANNING COMMISSION and BOARD of ADJUSTMENTS, and OTHER COMMITTEES AS APPOINTED This chapter delineates the duties, roles, and responsibilities