The purpose of this chapter is to specify the process whereby new construction and remodeling of structures, landscaping, lighting, and public amenities are reviewed for compliance with development and design standards prescribed in title 3 “Planning And Zoning” and title 9 “Subdivision And Development Of The MCC” and outlined as follows:

   1.   Section 3.3.09 “Residential Zone Special Development Standards” which requires design review for accessory dwelling units, multifamily residential developments of two (2) or more units and single-family residential dwelling units greater than three thousand five hundred (3,500) square feet.

   2.   Section 3.4.031 “Maximum Setback” which allows for exception to the maximum setback through the design review process.

   3.   Section 3.4.07 “Commercial Zones Special Development Standards” which requires design review.

   4.   Table 3.5.03 which allows for exceptions to Table 3.5.03 DIMENSIONAL STANDARDS FOR INDUSTRIAL ZONE PROPERTY through the design review process.

   5.   Section 3.5.04 “Specific Standards For Industrial Development In Any Zone” which requires design review for industrial development that has a building footprint area of ten thousand (10,000) square feet or greater, or that proposes a maximum building height in excess of thirty five feet (35'), or that seeks to reduce the minimum setback distance.

   6.   Section 3.5.06 “Business Park Zone General Development Standards” which requires design review and allows for an exception to the maximum building setback through the design review process.

   7.   Section 3.6.03 “Public Zones General Development Standards” which requires design review except within the AP Zone.

   8.   Sections 3.7.022 “Permitted Uses” and 3.7.023 “Requirements For Development” which requires design review of any structure which is visible from specified water bodies or within the Shoreline and River Environs Overlay Zone as specified by section 3.7.021.

   9.   Sections 3.7.031 “Land Included” and 3.7.032 “Requirements For Development” which requires design review for all changes or new structures visible or within one hundred fifty feet (150') of a Scenic Route Overlay Zone.

   10.   Sections 3.8.05(C) and 3.8.05(D) which requires design review for temporary merchandise vendors and temporary vendor courts.

   11.   Table 3.8.063 “Minimum Required Bicycle Parking Spaces” which requires standards for “other categories” of uses to be determined through design review.

   12.   Section 3.8.111 “Accessory Dwelling Units” which through the design review process allows for exception to the standard that the accessory dwelling unit have the same exterior finishing color and textures as the principal dwelling unit.

   13.   Section 3.8.16 “Other Requirements” which requires sidewalk, curb and gutter and/or pathways for projects in the commercial zones requiring design review.

   14.   Section 3.8.20 “Special Standards For Garages” which allows for exceptions to the standards through design review.

   15.   Section 3.13.032 “Application For Conditional Use Permit, (B) Camps,” which allows for design information to be deferred until after the approval of a conditional use permit if the applicant agrees to design review.

   16.   Section 9.6.03 “Driveways, Residential” requires design review for shared driveways. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 998, 1-14-2021; Ord. 1009, 10-6-2022)

   (A)   The design review process shall apply to all new construction and remodeling of structures, landscaping, lighting, and public amenities as outlined in section 3.16.01 within the McCall Area.

   (B)   Design review shall not be required for the following building or site modifications (although a building permit may be required):

      1.   Interior remodeling of a structure which does not impact the exterior appearance of the structure or significantly impact the parking, landscaping or other exterior uses of the property.

      2.   Repairs to an existing building if the outward appearance is not significantly changed.

      3.   Improvements to or maintenance to an existing building or site where these do not significantly impact the outward appearance of the building or site.

   (C)   Applications for nonemergency temporary structures are not subject to design review, but are subject to the conditional use permit process as set forth in chapter 13, "Permits And Applications", of this title.

   (D)   Any application within a residential zone which is subject to a subdivision design approval, and for which the design guidelines of the subdivision have been reviewed and approved by the commission, shall show evidence of subdivision design review and approval by the authority of the subdivision prior to the granting of a building permit. Absent such evidence, the applicant shall proceed under the procedures below. (Ord. 973, 11-29-2018, eff. 1-1-2019; amd. Ord. 998, 1-14-2021)

All projects to which this chapter applies shall be reviewed by the Administrator or by the planning and zoning commission as follows:

   (A)   Authority Of The Administrator:

      1.   The Administrator has the authority to approve or deny design review applications identified in section 3.16.03(A)2.

         a.   The Administrator shall have the discretion of placing applications on the planning and zoning commission’s consent calendar for any application where there is some uncertainty about the application’s compliance with the design and development standards. If the Administrator determines that the applicant is phasing development or construction in an effort to avoid compliance with this chapter, the Administrator may require a public hearing as provided in Chapter 15 of this title.

         b.   In making a decision on a design review application, the Administrator shall identify the standards used in evaluating the application, find that the project meets the criteria for approval set forth in section 3.16.07 of this chapter, and determine that the application is in compliance with all applicable design and development standards.

      2.   Applications which are the authority of the Administrator to review and make a determination:

         a.   Building heights less than thirty feet (30') in any residential zone;

         b.   Additions under five hundred (500) square feet;

         c.   Facade and exterior finish changes;

         d.   Accessory structures;

         e.   Minimum required bicycle parking for other uses;

         f.   Changes to the color and type of roofing materials;

         g.   Signs;

         h.   Fencing in certain locations and of specified materials pursuant to sections 3.8.061(C) and 3.8.10(B);

         i.   Temporary merchandise vendors not located in an overlay zone;

         j.   Temporary vendor courts not located in an overlay zone;

         k.   Structures less than one thousand five hundred (1,500) square feet in size and located in a commercial district, but not within the scenic route overlay zone;

         l.   Single family residential structures less than five thousand (5,000) square feet, and not located in an overlay zone;

         m.   Landscape plans involving no structures; and

         n.   Accessory dwelling units.

      3.   Emergency Approvals: Those applications for projects of an emergency nature, necessary to guard against imminent peril, provide for the public safety, or prevent further damage to a property, regardless of zone, shall receive administrative review and approval, denial, or conditional approval, subject to criteria set forth in section 3.16.07 of this chapter. The administrator may forward said application to the commission for review as set forth in subsection (A)1 of this section.

   (B)   Authority Of The Planning And Zoning Commission: Applications for projects which do not qualify under subsection (A) of this section shall receive a public hearing before the planning and zoning commission. The commission shall review and approve, deny, or conditionally approve the project subject to criteria set forth in section 3.16.07 of this chapter.

   (C)   Appeals: The planning and zoning commission will hear appeals of administrative decisions. The city council or the board of county commissioners will hear appeals of any decision made by the commission. All appeals shall be conducted as a public hearing in compliance with chapter 15 of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 864, 2-12-2009; Ord. 998, 1-14-2021; Ord. 1009, 10-6-2022)

No permits shall be issued by the city for construction of any building, project, or other improvement requiring design review before the requirements specified by this chapter are met and approval is granted. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 998, 1-14-2021)

Step 1. A preapplication conference with the city is recommended. At this meeting, the representative from the city will familiarize the potential applicant with the review process that will apply to the project and with related city regulations and review criteria that may affect the project. The applicant shall provide site specific information including conceptual drawings in order to familiarize the city with the specifics of the proposal.

Step 2. A design review application per section 3.16.06 of this chapter shall be submitted for design review. All application materials must be submitted seventy five (75) days prior to any hearing before the commission.

Step 3. City department heads will review all projects for conformance with the criteria set forth in section 3.16.07 of this chapter.

Step 4. Public notice in accordance with chapter 15 of this title must be provided for all owners of property within three hundred feet (300') in those cases where a hearing before the commission is to be held.

Step 5. The project is reviewed by the administrator or the commission per section 3.16.03 of this chapter. The reviewing body will approve, deny or conditionally approve the applicant's request based on criteria outlined in section 3.16.07 of this chapter.

Step 6. In order for a building permit to be issued, final construction drawings must be reviewed and approved by the building department. Application for a building permit must occur within one year of design review approval. The expiration date may be extended once, for an additional six (6) months, upon written request to the administrator. Such request must be received prior to the expiration date. The commission shall review and approve or deny the request for extension. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 998, 1-14-2021)

   (A)   All requests for permits and decisions in accordance with this chapter shall submit an application to the Administrator on forms approved by the Administrator and provided by the city.

   (B)   At a minimum, the application shall require the following information:

      1.   The project name;

      2.   The legal description of the project;

      3.   Name(s), address and contact information of the property owner, applicant and representative (if any);

      4.   A written statement describing how the review criteria in section 3.16.07 of this chapter are met; and

      5.   Payment of fees (established by ordinance).

   (C)   For all new construction and substantial remodels, four (4) prints, and/or an electronic copy of plans as prepared in a professional manner, showing at a minimum the following:

      1.   Vicinity map, to scale, showing the project location in relationship to neighboring buildings and the surrounding area.

      2.   Site plan, to scale, showing proposed parking, loading, snow storage and general circulation.

      3.   If applicable, evidence of subdivision design review specifications in force and approval granted by the city.

      4.   Detailed elevations of all sides of the proposed building and other exterior elements.

      5.   Descriptions or details of all materials proposed for the exterior of the building are required. Samples, including color chips, are recommended. A minimum scale of one-eighth inch to one foot (1/8" = 1') is recommended.

      6.   Sign plan.

      7.   Landscaping plan.

      8.   Exterior lighting plan, pursuant to chapter 14 of this title.

      9.   Floor plan.

      10.   Utilities plan.

      11.   Drainage plan, including snow storage.

      (These plans may be combined on the same sheets.)

   (D)   An Idaho licensed architect, or a licensed architect of another state which has an agreement with Idaho shall prepare all design review plans and drawings for public projects, industrial, commercial projects; and residential projects containing three (3) or more dwelling units, or new residential dwelling with structure size, as defined in section 3.2.02 of this title, greater than three thousand five hundred (3,500) square feet.

   (E)   For design review applications in the shoreline and river environs and scenic overlay zones, a photo simulation of the proposed development set within the proposed landscaping may be required as determined by the Administrator.

   (F)   For all other design review permits, the Administrator will determine the application requirements. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 998, 1-14-2021; Ord. 1009, 10-6-2022)

The commission or administrator shall determine the following before approval is given:

   (A)   The project is in general conformance with the comprehensive plan.

   (B)   The project does not jeopardize the health, safety or welfare of the public.

   (C)   The project conforms to the applicable requirements of the zoning ordinance and subdivision ordinance as enumerated in section 3.16.01 of this chapter.

   (D)   The project will have no substantial impact on adjacent properties or on the community at large.

   (E)   If applicable, a subdivision design review document has been reviewed and approved by the commission in lieu of the design guidelines.

   (F)   For projects in the shoreline and river environs zone, the project will not have an unreasonable and adverse impact on the visual quality of its setting or the water quality.

   (G)   For projects in the scenic route zone, the project will preserve and enhance the scenic quality of the street or highway. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 998, 1-14-2021)

A design review approval shall lapse and become void whenever the building permit either lapses or is revoked, or whenever the applicant has not applied for a building permit within one year from the date of initial design review approval. The approval date for design review applications accompanying other applications requiring council approval shall be the same as the council approval date of the accompanying application(s). (Ord. 864, 2-12-2009; amd. Ord. 998, 1-14-2021)