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Payette Lake and the North Fork of the Payette River are critical economic resources of the planning jurisdiction, because they are the distinguishing features of this area making it a destination resort for tourists and summer residents. It is therefore the purpose of this section 3.7.02 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. (Ord. 821, 2-23-2006, eff. 3-16-2006)
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 one hundred fifty feet (150') 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 three hundred feet (300'):
(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, landfills, retaining walls, and other uses addressed in this section 3.7.02 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 in this chapter. (Ord. 821, 2-23-2006, eff. 3-16-2006)
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:
(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 IX, chapter 8, "Flood Control Regulations (Overlay)", of this code, 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 one hundred fifty foot (150') land strip as specified in section 3.7.021 of this chapter, 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. (Ord. 821, 2-23-2006, eff. 3-16-2006)
(A) Review: Design review is required for all development, including all single-family residences and accessory buildings, as provided for in chapter 16 of this title.
1. In addition to the design review requirements set forth in other sections of this title, design review for development within the Shoreline and River Environs Zone, shall also assess and mitigate the visual impacts of development.
a. Development should not dominate the vistas of water to the extent that it has an unreasonable adverse impact on the visual quality of its setting.
b. Development should be compatible in form, line, color and texture with its surroundings.
c. Development should not significantly differ in scale or contrast to its surroundings to that extent that it has an unreasonable adverse impact on the visual quality of its setting.
d. Structures should be clustered to allow for visibility through the site of the lake or river and avoid a wall of structures as viewed from the water.
2. If in the opinion of the Administrator, the visual impacts of the development are potentially significant, a visual impact assessment of the development shall be required. An applicant's visual impact assessment should visualize the proposed development and evaluate potential adverse impacts of the development on scenic views or the views from or to the lake or river, and determine effective mitigation strategies, if appropriate.
(B) Permit Criteria: 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 IX of this code.
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 IX of this code 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 this title and title IX of this code.
4. The requirements of the underlying zone are met.
5. The fifty foot (50') building setback line is met per subsection (C)3(c) of this section.
6. Proof of stormwater certification training has been provided by the individual applying for the building permit.
(C) Development:
1. Prohibitions: No construction, alteration or activity shall cause harm to:
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 Defined: "Harm" for these purposes means:
a. The creation of conditions which foster runoff 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 fifty foot (50') building setback 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 melt water 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", of this title, 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
(2) Accessory structures commonly associated with dwellings, such as garages or toolsheds; 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 in subsections (C)1 and (C)2 of this section, except that improvements discussed in subsection (C)4 and the following subsections of this section shall be evaluated against the standards in those subsections.
c. Fifty-foot (50') Building Setback Line:
(1) There is hereby established a fifty feet (50') setback from the lake water pool shore contour and fifty feet (50') from the stream high water mark The setback 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. All structures, perched beaches, lawns (except for native grasses identified in City of McCall publication, “Native and Suitable Plants”), patios, walls and fences shall be prohibited within the fifty foot (50') setback with the following exceptions: (1) structures addressed by subsection (C)4; (2) public walkways to the waterfront, and private walkways not exceeding eight feet (8') in width; (3) essential public infrastructure; and (4) public parks facilities and civic uses not requiring sanitary waste disposal.
(2) Access along the beach below the 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.
d. Additionally, development in commercial zones, including buildings, parking areas, and sidewalks, shall not cover more than eighty percent (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 ninety five percent (95%), with not less than the remaining five percent (5%) maintained in landscaping.
e. Maximum height of any structure is thirty five feet (35').
4. Private And Public Docks And Piers: 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.
5. Commercial Marinas: Commercial marinas are a conditional use and shall meet all requirements in subsection (A) of this section, and in addition shall:
a. Provide an environmental assessment which addresses the issues identified by the commission and/or city staff during the required preapplication 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: Commercial docks and piers are a conditional use and shall meet requirements in subsection (A) of this section and shall meet all other building code and environmental requirements.
7. Retaining Walls And Similar Construction: 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 this 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 inches (18") 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 (2) 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: 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.
b. Be floating, and shall not extend more than one foot (1') above the surface of the lake; and shall be lit or marked as required by the state of Idaho. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 864, 2-12-2009; Ord. 880, 9-23-2010; Ord. 998, 1-14-2021; Ord. 1009, 10-6-2022)
The scenic route zone includes:
(A) One hundred fifty foot (150') 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 (150') 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 Davis Avenue east to the eastern boundary of the impact area.
5. Spring Mountain Boulevard from Deinhard Lane to Lick Creek Road.
6. Mission Street and Norwood Road to boundary of the area of city impact.
7. West Mountain Road, including the proposed eastward extension to Boydstun Street or Deinhard Lane, extended to the western or southern boundary of the area of city impact.
8. South Samson Trail to the boundary of the area of city impact.
(B) Any structure or a portion thereof which may be visible when traveling along the roadways designated above and any part of which is located within one hundred fifty feet (150') 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. (Ord. 848, 2-12-2008; amd. Ord. 998, 1-14-2021)
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 for scenic route and design review approval in accordance with the procedure outlined in chapter 16 of this title, which application shall include a site plan as set forth in section 3.8.21 of this title. 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.
(A) Materials Provided By Applicant: 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) Commission Determination: 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) Structure Height: The maximum height for any structure is thirty five feet (35'), except for structures containing deed restricted local housing, created by the density bonus provision set forth in Section 3.8.21, where the maximum height may be 50' if setback 75' from the right-of-way.
(D) 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 trees. 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 section 3.8.04, "Fire Hazard Mitigation Standards", of this title. 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.
(E) Access Roads:
1. Access roads in subdivisions and resubdivisions platted after March 16, 2006, will be kept to a minimum. Every subdivision platted after March 16, 2006, 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 (2) access roads with the scenic route in the impact area and any portion of the planning jurisdiction that was in the impact area on March 16, 2006, shall be no closer than one thousand feet (1,000') to each other. Where the entire frontage of a parcel on the scenic route on March 16, 2006, is less than one thousand feet (1,000') 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 (2) driveway accesses per four (4) lots, may be required.
(F) Bike Paths: Some or all of the routes listed in section 3.7.031 of this chapter are designated by the parks and recreation master plan (also see the "McCall area pathways master plan") to have a bike path, walkway or other recreational routing alongside, or as a part of the scenic route. Where such designation exists, the commission shall assist in the effectuation of the master plans by the exaction of recreational easements or dedication of additional right of way or other techniques to 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. Digital data for easements shall be provided according to the digital data submittal standards policy.
(G) For Sale: Along the scenic route, vehicles and other personal property shall not be displayed for sale outside of a building unless the occupant of the property is an authorized dealer of merchandise that is consistent with the primary business and has obtained approval from the administrator. The owner or occupant of property along the scenic route may display his or her own vehicle or other personal property for sale on his or her own premises.
(H) Building Clustering: Building clustering shall be encouraged to provide more efficiency and cohesion in design, reducing the number of access points, and reserving the natural landforms, vegetation and open space.
(I) Landscaping: In addition to the requirements set forth in section 3.8.13 “Landscaping, Screening And Buffering,” development within the scenic route zones shall provide the following landscaping:
1. One (1) native tree including evergreen and deciduous and three (3) native shrubs each ten feet (10') of the linear street frontage along the scenic route. Not less than fifty percent (50%) shall be evergreen trees.
2. The required landscaping shall be located with a twenty-five feet (25') setback from the scenic route. Landscaping shall be arranged within groups or clustered allowing spacing for natural maturity. Linear designed landscaping is not acceptable.
3. If conflicts arise between this section and section 3.8.04 “Fire Mitigation Standards,” or in the use of any snow storage or utility easements, a recommended resolution will be the responsibility of the McCall Fire Protection District or the Administrator. (Ord. 902, 7-12-2012; amd. Ord. 983, 12-19-2019; Ord. 998, 1-14-2021; Ord. 1001, 5-13-2021)
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