3.7.023: REQUIREMENTS FOR DEVELOPMENT:
   (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; and (2) public walkways to the waterfront, and private walkways not exceeding eight feet (8') in width.
            (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)