(A)   The navigable water zone is intended to provide for the appropriate usage of, and for the adequate protection of, the surface water resource within the city limits and the area of city impact. The "landward boundary" of the navigable water zone is the water pool shore contour of Payette Lake, the high water mark of the North Fork of the Payette River, and the water pool shore contour of such other navigable lakes and the high water mark of such other navigable streams as are or may become within the planning jurisdiction. The "navigable water zone" includes the entire water body between or encircled by the landward boundaries. "Navigable", for purposes of this chapter, has the same meaning as "navigable" for purposes of this title under the submerged lands act and the equal footing doctrine, whether or not there were any federal reserved rights as might have prevented vesting of title in the state as to some particular navigable waters.

   (B)   The use of navigable waters, in addition to recreation and other public uses should recognize the littoral and riparian rights of the upland property owners adjacent to the lake and river.

   (C)   Compliance with all applicable county, state and federal laws is required.

   (D)   Project review under the procedures for a conditional use permit is required for all proposed future uses. (Ord. 821, 2-23-2006, eff. 3-16-2006)

In addition to public uses of the public waters, all uses that are normal accessory uses to the principal use on the adjacent upland property and within the littoral or riparian rights of the owners of that property are permitted uses, including the following:

   (A)   Accessory uses related to boating, swimming and other water related activities.

   (B)   Public and private docks. (Ord. 821, 2-23-2006, eff. 3-16-2006)

The following uses may be permitted in accordance with the procedures and standards set out in chapter 13, "Permits And Applications", of this code.

   (A)   Commercial docks, wharves, piers and marinas.

   (B)   Boat ramps.

   (C)   Outdoor recreation facilities.

   (D)   Fish pens (as an accessory, noncommercial use). (Ord. 821, 2-23-2006, eff. 3-16-2006)

The following uses are prohibited in the navigable water zone:

   (A)   Buildings, structures, and uses not expressly permitted in section 3.7.011 or 3.7.012 of this chapter.

   (B)   Any use which causes or may reasonably be expected to cause excessive noise, vibration, smoke, heat or glare, noxious fumes, toxic or hazardous waste, or visible refuse, at or beyond the extension of the side lot lines of the associated upland lot or parcel over the water and at right angles to the shoreline. "Excessive" is defined for these purposes as a degree exceeding that generated by uses permitted in the zone in their customary manner of operation, or to a degree injurious to the public health, safety, welfare or convenience.

   (C)   Disposal or storage of junk, including, without limitation, inoperable or unlicensed motor vehicles, watercraft, used appliances, building and construction debris, auto parts, fuels and other contaminating liquids. (Ord. 821, 2-23-2006, eff. 3-16-2006)

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 purpose of the scenic route overlay zone is to preserve, and enhance the scenic quality of public collector and arterial streets. (Ord. 821, 2-23-2006, eff. 3-16-2006)

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)

The following uses are prohibited within the Scenic Route Zone:

   A.   Service Stations with Gasoline or Diesel Fuel Islands. (Ord. 1015, 3-30-2023)

The purpose of the Payette Lakes recreational water and sewer district overlay is to conform the use and development of lands so designated to the grant conditions imposed by the U.S. environmental protection agency in conjunction with the funding provided by such agency to the Payette Lakes recreational water and sewer district for the construction of the district's facilities, including the expansion and rehabilitation of certain facilities owned by the city.

   (A)   The relevant grant condition is that currently identified as special condition 7, dated June 7, 1977, replacing the original special condition 7 set forth in paragraph III b, page 5, of the grant agreement dated September 3, 1976. This grant condition, in the relevant part, relates to the population predictions and other planning assumptions implicit in the overall facilities plan jointly adopted by the city and the district, which factors are reflected in the district's design density map. By resolution adopted March 3, 1980, the city agreed to conform to such densities in the event any district lands were annexed into the city.

   (B)   This section 3.7.04 implements such agreement, and further provides for zoning enforcement of the district's requirements within the impact area. (Ord. 821, 2-23-2006, eff. 3-16-2006)

Land which was within the boundaries of the Payette Lakes water and sewer district as of June 7, 1977, and which is also within the boundaries of the city, is designated to be within the Payette Lakes water and sewer district (overlay) zone. (Ord. 821, 2-23-2006, eff. 3-16-2006)

The lands within the Payette Lakes water and sewer district (overlay) zone shall be restricted to a finite number of sewer hookups. The specific number applicable to a given parcel of land within the overlay shall conform to Payette Lakes water and sewer district densities. Any applicant seeking the issuance of a building permit within this overlay zone shall investigate the need for and seek the approval of the Payette Lakes water and sewer district with respect to any sewer hookups involved in the proposed work or use. Further, as provided by title II of this code, no building permit shall be issued unless such a sewer service connection permit has been issued simultaneously. (Ord. 821, 2-23-2006, eff. 3-16-2006)

In the event the land in question is not actually serviced by the Payette Lakes water and sewer district in that no sewer lines are physically or legally accessible within the three hundred foot (300') service criteria, even though the sewer district's design density map standards qualify such land for some number of hookups, the applicant, upon demonstrating such inaccessibility, may seek the necessary hookup approvals through the city rather than the district. (Ord. 821, 2-23-2006, eff. 3-16-2006)

The purpose of the McCall Municipal Airport Influence Overlay Zones is to implement the goals and policies of the McCall Area Comprehensive Plan and the McCall Municipal Airport Master Plan:

   (A)   To proactively protect the health, safety and general welfare and property of the users of the airport and the property and inhabitants in the airport vicinity;

   (B)   To operate, maintain, and develop the McCall Municipal Airport to ensure safe and efficient aeronautical facilities for all aviation users per City and FAA standards and requirements and in manner that it remains a safe neighbor to surrounding land uses; and

   (C)   To provide for land uses that are compatible with the airport operations, approach zones and aircraft noise. (Ord. 984, 12-19-2019, eff. 1-1-2020)

   (A)   Purpose: Airport operation protection zones are established to protect the existing and future instrument approach minimums of the airport and maintain safe operation of the airport for landing, takeoff and maneuvering of aircraft. These zones do so by preventing the creation of hazards and nuisances to air navigation including obstructions and lighting.

   (B)   Applicability: In order to carry out these purposes, all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the McCall Municipal Airport shall be protected. Such zones are designated on "the current approach plan included in the Airport Layout Plan set included in the Airport Master Plan", incorporated herein by reference. An area located in more than one of the zones shall be subject to the more restrictive height limitation.

   (C)   Establishment of Zones: The various zones are hereby established and defined as follows:

      1.   Utility Runway Non-Precision Instrument Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide. The approach zone expands outward uniformly to a width of two thousand feet (2,000') at a horizontal distance of five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.

      2.   Horizontal Zone: The horizontal zone is established by swinging arcs of five thousand feet (5,000') radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

      3.   Conical Zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand feet (4,000').

   (D)   Height Limitations: No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

      1.   Utility Runway Non-Precision Instrument Approach Zone: Slopes thirty-four feet (34') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline.

      2.   Transitional Zones:

         a.   Slope seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty feet (150') above the airport elevation which is five thousand twenty one feet (5,021') above mean sea level.

         b.   Height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface.

         c.   Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of ten thousand feet (10,000') measured at ninety degree (90°) angles to the extended runway centerline.

      3.   Horizontal Zone: Established at one hundred fifty feet (150') above the airport elevation or at a height of five thousand one hundred seventy-one feet (5,171') above mean sea level.

      4.   Conical Zone: Slopes twenty feet (20') outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a height of three hundred fifty feet (350') above the airport elevation.

   (E)   Use Restrictions:

      1.   No use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other objects, result in glare in the eyes of pilots using the airport, impair visibility or ability to acquire and maintain visual acquisition of the airfield in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

      2.   The owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance markers and lights deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Markers and lights shall be installed, operated and maintained at the expense of the city.

   (F)   Permits Required:

      1.   Future Uses: Except as specifically provided in subsections a, b, and c of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any operation protection zone unless a permit is applied for and granted by the McCall Municipal Airport Manager. Each application for a permit shall indicate the purpose for which the permit is desired, in sufficient details to determine whether the use, structure, or tree would conform to these regulations. If such determination is in the affirmative, the permit shall be granted.

         a.   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

         b.   In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred feet (4,200') from each end of the runway, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

         c.   In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

         d.   Nothing contained in any of the forgoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this section except as set forth in section 3.7.051D of this chapter.

      2.   Existing Uses: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the applicable regulations or than it is when the application for a permit is made. Except for abandoned or destroyed existing uses, all applications for such a permit shall be granted.

      3.   Variances: Any person may request a variance from the provisions of this section by applying and following the procedures set forth in Chapter 13 PERMITS AND APPLICATIONS. In considering a variance from the requirement of these provisions, the application shall be sent to the McCall Municipal Airport Manager for a recommendation prior to action by the Planning and Zoning Commission. (Ord. 984, 12-19-2019, eff. 1-1-2020)