Mccammon City Zoning Code

1. Title. This chapter of the McCammon City Comprehensive Ordinance shall be known as the "McCammon City Subdivision Code."
   
2. Intent and Purpose. It is the intent of the city in enacting this chapter that the owners and/or developers of any property that is being developed, both in and around the city, shall dedicate to the public their share of all such developing lands as may be needed for the creation of streets, alleys, parks, open spaces, etc.; and all utility, pedestrian, drainage ways, and other such easements as all the above may be needed for the public health, safety, and general welfare and improvement of the city and its inhabitants. It is further intended that all owners or developers of such developing property shall pay for their full share of all street improvements such as sidewalk, curb and gutter, paving, etc., culinary water system improvements, sanitary sewer system improvements, storm drain system improvements, etc., and any questions or interpretations that may arise regarding the meaning or intent of this chapter or any other ordinance of the city shall be resolved in such manner as best reflects the above stated intent.
   
   The development and subdivision of land is a privilege conferred upon the developer by the laws of the state of Idaho, the duty of compliance with reasonable conditions laid down by the city for the design, conform to the physical and economical development of the city, its surrounding area, and to the safety and general welfare of the future lot owners in the subdivision and of the community at large.
   
   It is declared to be the policy of the city to consider the development and/or subdivision of land as subject to the control of the city pursuant to a comprehensive plan for the orderly, planned, efficient, physical and economic development of the city. Land to be developed and/or subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood or other menace, and land shall not be developed and/or subdivided until adequate provisions have been made for public facilities and improvements as required elsewhere in this chapter, in the zoning ordinance and in all other applicable ordinances and regulations.
   
   The existing and proposed public improvements shall conform to and be properly related to the proposals shown in any current McCammon City comprehensive plan and the public facilities map(s). It is intended that this chapter shall supplement and facilitate the enforcement of the provisions and standards contained in the building and housing codes, the zoning ordinance, the comprehensive plan, the public facilities map, the land use plan, the city's standard construction specifications and standard drawings, and other such related ordinances, codes, plans, maps, specifications, and standards.
   
   The purposes of these regulations are to promote the public health, safety and general welfare, and to provide for:
   
   1. The harmonious development of the area;
      
   2. The coordination of streets and roads within the subdivision with other existing or planned streets and roads within and without the city of McCammon;
      
   3. Adequate open space for travel, light, air and recreation;
      
   4. Adequate transportation system, water drainage and sewage collection and treatment facilities, water supply and distribution system, parks, school sites, and other public uses and facilities;
      
   5. The avoidance of scattered subdivision of land that would result in either of the following:
      
      1. The lack of water supply, sewer service, drainage, sidewalks, curb and gutters, transportation or other public services and improvements,
         
      2. The unnecessary imposition of an excessive expenditure of public funds for the supply of such services or improvements;
         
   6. The requirements as to the extent and manner in which:
      
      1. Roads shall be created and improved,
         
      2. Water and sewer and other utility mains, piping connections, or other facilities shall be installed,
         
      3. Sidewalks, curbs and gutters shall be installed;
         
   7. The manner and form of making and filing of any plat;
      
   8. The establishment of reasonable standards governing the design of and in the procedures of the subdivision and re-subdivision of land;
      
   9. The orderly layout and use of land and to insure proper legal descriptions and the proper marking of subdivided land;
      
   10. The administration of these regulations by defining the powers and duties of approval authorities.
       
3. Jurisdiction. No person shall subdivide any tract of land which is located wholly or in part in the city, or within one mile of the corporate limits of the city or such additional distance as may mutually be agreed upon by both the city and county of Bannock pursuant to Sections 50-1306 and 67-6526, Idaho Code, unless he shall first have or cause to have made a plat thereof as set forth within this chapter. It is unlawful to receive or record plats or replats under the jurisdiction of this chapter until the mayor and council shall have approved such plats and they shall bear thereon the approved endorsement of the city engineer and city clerk.
   
4. Application. All subdivisions as herein defined shall be submitted for approval by the city council and shall comply with the provisions of this chapter. This chapter shall supplement all other ordinances and regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply.
   
5. Administration. The city council may appoint a commission (planning and zoning commission) to carry out the provisions as herein specified and to serve at the pleasure of the council. The commission shall receive and process all subdivision applications. In absence of such an appointment, the city clerk shall carry out this function.
   
6. Severability. Where any word, phrase, clause, sentence, paragraph, section or other part of these regulations are held invalid by a court of competent jurisdiction, such judgment shall affect only that part so held invalid.
   
7. All construction shall be done in accordance with Idaho Standards for Public Works Construction, or other recognized and accepted state standards, and city of McCammon specifications. All work shall be done in a good workmanship manner, with pleasing esthetics, to industry standards and the area left clean.
   
8. It will be the responsibility of the contractor to make arrangements for water required for testing, compaction and dust prevention measures. All trenches will be compacted to prevent settlement. Hydro-compaction is only permitted on sand.
   
9. The contractor shall be responsible for securing sources for granular material, water for construction, waste site(s) and additional materials that may be necessary for properly constructing the project.
   
10. Permission shall be obtained from all canal companies prior to disturbing any ditch or canal.
    
11. The contractor shall retain and protect or remove and replace all landscaping, trees, utilities, ditches, culverts, fences, mailboxes, signs, light poles, headgates, existing asphalt paving, and all other miscellaneous items damaged as a result of the subdivision construction. Any damage done by the contractor shall be repaired at his expense.
    
12. Subdivision Definition and Requirement. Any land that is divided, resubdivided or proposed to be divided into two or more parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, gift or development, either on an installment plan or upon any and all other plans, terms and conditions is considered a subdivision under this chapter. Every owner of any piece, parcel, or tract of land who, at anytime proposes or does in fact divide said tract of land into two or more lots, parcels or sites for the purpose of sale, building development, or other similar, related or associated nonagricultural uses, whether immediate or future, shall, before the sale of the second division of said land is completed, prepare and file a plat thereof in conformance with the requirements of this chapter.

(Ord. 438 (part), 2006)

1. Prior to the approval of the final map or filing of the parcel map, the subdivider shall submit to the city engineer, plans and specifications of the water supply and sewer line distribution systems prepared by a civil engineer, registered in the state of Idaho, of sufficient detail to enable the city engineer to ascertain whether such systems conform to the standards set forth herein and to standard acceptable engineering practices.
   
2. Such plans shall contain the following statement from the project engineer.
   
   "I am aware, that even though the City has reviewed and approved these plans, I am still the Project Engineer and as such I am still solely responsible for the contents of these plans."
   

(Ord. 438 (part), 2006)

1. The contractor shall provide traffic control in accordance with the federal Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the state of Idaho any time the contractors work utilizes the public rights-of-way.
   
2. Any work done within public right-of-way shall be done in accordance with the right-of-way special use permit. Signing, flagmen, and special precautions shall be done in accordance with city, county or State Highway Department and OSHA criteria.

(Ord. 438 (part), 2006)

1. The contractor shall provide traffic control in accordance with the federal Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the state of Idaho any time the contractors work utilizes the public rights-of-way.
   
2. Any work done within public right-of-way shall be done in accordance with the right-of-way special use permit. Signing, flagmen, and special precautions shall be done in accordance with city, county or State Highway Department and OSHA criteria.

(Ord. 438 (part), 2006)

1. The contractor shall provide traffic control in accordance with the federal Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the state of Idaho any time the contractors work utilizes the public rights-of-way.
   
2. Any work done within public right-of-way shall be done in accordance with the right-of-way special use permit. Signing, flagmen, and special precautions shall be done in accordance with city, county or State Highway Department and OSHA criteria.

(Ord. 438 (part), 2006)

1. All sewer mainlines shall be SDR 35, PVC, ASTM D-3034.
   
2. Sewer mainlines desirable slope is 0.5 percent, minimum slope shall be 0.3 percent.
   
3. Sewer mainlines using gravity flow shall be a minimum size of eight inches in diameter.
   
4. Sewer service laterals using gravity flow shall be a minimum size of four inches in diameter.
   
5. Sewer service laterals shall have a minimum slope of one-fourth inch per foot.
   
6. Sewer service laterals shall be uniformly sloped to the sewer line.
   
7. Sewer manholes are required at each change of direction and line termination.
   
8. Where a subsurface sewage disposal system is permitted per McCammon City Code and approved by the health authority, then the minimum the city shall require is:
   
   1. When a domestic water service or irrigation line or other utility trench parallels a leach line, a minimum offset of twenty-five feet;
      
   2. When a domestic water service or irrigation line shall not cross a leach line.
      However, the District 6 health department may require additional clearances.
      
9. Unless otherwise waived, storm drains meeting state or federal regulations are required in any new subdivision development. If no central system is available, dry wells, catch basins or other acceptable means of capturing storm water are required.

(Ord. 438 (part), 2006)

1. Each subdivision shall provide a water supply system per city code Section 16.28.020 and it shall conform to these requirements. The water supply shall be so designed and constructed that it will supply at least a volume rates for two hours at any fire hydrant in the system while the system is in normal operation without reducing the water pressure in any part of the system below thirty-five psi. (Ref: Idaho Regulations for Public Drinking Water Systems, 1.8500.01)
   
2. Water mains shall be placed in street or public utility easements.
   
3. The water distribution system shall be laid out in a properly segmented grid or loop system with gate valves shall be located adjacent to tees and crosses and their associated reducers and where new water line mains connect to existing mainlines so that repairs may be affected with a minimum interruption of service.
   
4. Dead ends in water line mains shall be avoided insofar as practicable, and a means shall be provided to flush any dead ends which may be installed in the mains.
   
5. All water line mains, where fire hydrants are connected, shall be one of the following minimum sizes:
   
   1. Six inches inside diameter within a grid or loop system and on dead-end legs of less than six hundred feet long;
      
   2. Eight inches or longer inside diameter for all other mains. (Ref: Idaho Regulations for Public Drinking Water Systems)
      
6. Each building site or residential unit shall have a water line service connection from the main line.
   
7. Metallic and nonmetallic materials may be used separately and in combination to construct component of water line system intending, but not limited to, conduits, pipes, couplings, caulking materials, protective linings and coatings, services, valves, hydrants, pumps, tanks and reservoir, provided:
   
   1. The material shall have a reasonable useful service life;
      
   2. The material shall be capable of withstanding, with ample safety factors, the internal and external forces to which it may be subject to in service;
      
   3. The material shall not cause the water to become impure, unwholesome;
      
   4. Materials and equipment shall be so selected as to mitigate corrosion, electrolysis and deterioration.
      
8. All water line mains shall be ductile steel C-50 or plastic, C-900 class 200.
   
9. Service connections shall be one inch type K to the meter with Mueller fittings.
   
10. All new development requires a Sensus SRII water meter or equivalent.
    
11. Fire hydrants shall be placed so no point on any of the street fronting lots served by the water line distribution system are further than five hundred feet from the nearest hydrant in a subdivision; and three hundred feet in a commercial and industrial area.
    
12. Fire hydrants shall be provided per city code. Fire hydrants shall have two and one-half inch diameter hose nozzles, and one four and one-half inch diameter hose nozzle.
    
13. Each fire hydrant shall have a gate valve between the water line main and the riser. Fire hydrants shall be located not more than eight feet from the edge of the paved roadway. The outlets shall be no less than eighteen inches or greater than twenty-four inches above the street level without curbing or final grade with curbing.
    
14. Water line mains shall be installed below the frost line or be otherwise protected to prevent freezing and shall have forty-eight inches of cover over the top of the pipe in public streets. Other depth of cover must have prior approval by the city.
    
15. There shall be a ten-foot minimum horizontal separation distance between all new water lines and sewer line except where water line and sewer cross at approximately right angles, where a minimum of eighteen inches of vertical separation shall be maintained.
    
16. Minimum clearance between new pipelines and existing utilities and structures (except sewers) shall be two feet horizontally.
    
17. Water line mains and services shall be inspected by the city and successfully tested under pressure prior to covering. City inspectors are available during normal business hours.
    
18. All water line mains shall be equipped with an AWG 14 Red UF insulated tracer wire, mechanically connected to each valve via a flange nut. Tracer wire will be the full length of the water line main.
    
19. Thrust blocks shall be placed at all changes in the pressure pipe. (See Idaho Standards for Public Works Construction, Drawing SD-403)
    
20. Each service connection pipe will be:
    
    1. At least one inch inside diameter;
       
    2. Shall be connected to the water line main via a saddle; and
       
    3. Will not share a trench with other water service connections.
       
21. Service pipe shall be laid to a depth sufficient to prevent freezing and not less than forty-eight inches except at its termination in connecting with a meter or customer's piping. Prior city approval is required, if cover is to be greater than forty-eight inches.
    
22. Service connections shall be in a trench that was dug a foot deeper than the cover to final grade and recompacted to ninety-five percent relative compaction.
    
23. Each service connection shall have a street valve with enclosure in front of an eighteen-inch diameter, forty-eight inches deep city-approved meter box.
    
24. Each meter box shall be flush with the finished grade and contains: double check setter assembly and plumbed for a future meter installation. A one and one-fourth inch diameter idler pipe shall be installed thirty inches below the meter box lid when no meter is required.

(Ord. 438 (part), 2006)

1. McCammon City defines hillside subdivision as: any subdivision or that portion of a subdivision located in terrain having a slope exceeding ten percent.
   
   In order to protect hillsides from overdevelopment, parcel (lot) sizes may need to be increased from the minimum required for the applicable zone. This memorandum addresses minimum increases in parcel (lot) sizes. Parcel (lot) size may also need to be increased due to health department or other agency requirements.
   1. Parcel (lot) size increases:
      
      TABLE 1
      

      Slope	Increase in Parcel (lot) size
      0% -- 10%	times 1 (no increase)
      11% -- 25%	times 2
      26% -- 50%	times 4
      51% -- 100%	times 0 (no buildings allowed)

      The average slope of a parcel (lot) may be used for Table 1. The following method is to be used to calculate the average slope:
      
      Where:
           I = Contour spacing, i.e., for 10 foot contour lines, then I = 10.
           L = Total length of all contour lines on proposed parcel (lot).
           A = Area of the proposed parcel (lot).
      
           %Slope = (I * L) I a) * 100
      

(Ord. 438 (part), 2006)

1. Appointment, Term and Removal. The board of adjustment shall consist of three to five members, each to be appointed by the mayor with the advice and consent of the city council; any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The city council may appoint associate members of such board, and in the event that any regular member is temporarily unable to act in a case before the regular board.
   
2. Organization and Meetings. The board of adjustment shall organize and elect a chairman and adopt rules in accordance with the provisions of state law, this chapter and any other applicable ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All meetings of the board shall be open to the public.
   
   1. Minutes--Records. The board shall keep minutes of its proceedings, showing the vote of each member and shall keep records of its examinations and other official actions; all of which shall be public record.
      
   2. Routine, Uncontested Matters. The mayor, with the advice and consent of the city council, may appoint a zoning administrator and/or building inspector to decide routine and uncontested matters of the board of adjustment, as designated by the board, and pursuant to its established guidelines. Any person aggrieved by a decision of the zoning administrator may appeal the decision to the board of adjustment, as provided in this chapter.
      
3. Appeals. Appeals to the board of adjustment may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this chapter. Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the city affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of this chapter. The "time" within which such appeal must be made, and the form or other procedure relating thereto, shall be as specified in the general rules to govern the procedure of such board of adjustment or in the supplemental rules of procedures adopted by such board; provided, further, that said rules and regulations shall be available to the public at the office of the city recorder at all times.
   
4. Stay of Proceedings Pending Appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, the stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the board of adjustment or by the district court on application and notice and on due cause shown.
   
5. Notice of Hearing on Appeal--Right of Appearance. The board of adjustment shall fix a reasonable time for the meeting of the appeal, give public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time. At the meeting, any party may appear in person or by agent or by attorney.
   
6. Powers of Board on Appeal. The board of adjustment shall have the following powers:
   
   1. Appeals. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by administrative official or agency based on or made in the enforcement of this chapter.
      
   2. Special Exceptions. To hear and decide, in accordance with the provisions of this chapter, requests for "special exceptions" or for interpretation of the map or for decisions on other special questions on which such board is authorized by this chapter to pass.
      
   3. Variances. To authorize, on an appeal, a variance from strict application of the regulations where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulations enacted would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property. The variance from such strict application can be granted so as to relieve such difficulties or hardships, provided such relief may be granted without substantial detriment to the public good and without substantial impairment to the intent and purpose of the master plan and this title. Before any variance may be authorized, however, it shall be shown that:
      
      1. The variance will not substantially affect the comprehensive plan of zoning in the city and that adherence to the strict letter of this chapter will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan.
         
      2. Special circumstances are attached to the property covered by the application which does not generally apply to the other property in the same zone.
         
      3. Because of said special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
         
7. Decision on Appeal. In exercising the above mentioned powers, such board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
   
8. Vote Necessary for Reversal. The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any section of this chapter, or to effect any variation in such section.
   
9. Judicial Review of Board's Decision--Time Limitation. The city or any person aggrieved may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided petition for such relief is presented to the court within thirty days after the filing of such decision in the office of the board or the city clerk.
   
10. Time Limitation of Variance. In the event the board of adjustment does grant a variance in accordance with the provisions of this chapter, alterations in accordance with the variance must be activated within six months after the date the variance is granted or the variance becomes null and void. The time limit of the variance may be extended an additional six months by the board of adjustment, and then only if the petitioner shows adequate cause to the board that circumstances necessitate a time extension.

(Ord. 438 (part), 2006)