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HomeMy WebLinkAboutHemming ProZone - Redlined by applicant ORDINANCE NO. 1006 AN ORDINANCE AMENDING ORDINANCE NO. 926 PROVIDING FOR THE ADDITION OF THE “HEMMING PROJECT REDEVELOMENT OPTION ZONE ( PROZONE)” TO SECTION 3.30 OF THE DEVELOPMENT CODE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO (ADOPTED FEBRUARY 16th, 2005) Amended 7/06/05; 5/07/2007; 7-03-2007 3.30(1).Hemming (PRO A B R 1) Project Redevelopment Option Zone The Hemming Pro Zone is a multi-phased project. As the developer and the City of Rexburg go forward, proposals for additional areas will be submitted for subsequent Phases. The City will allow additional areas as the zone continues to create a cohesive development and neighborhood. If the Hemming Pro Zone is not proceeding with construction of buildings and uses that are substantially the same as proposed and intended during the rezone request, the City shall initiate a reversion to the previous zoning (most recent prior to the PRO Zone designation). This time limit shall include a forty-eight (48) month period. The time shall begin at the adoption of the Hemming PRO zone or at each phase. Within the forty-eight (48) month period a building permit shall be submitted that requests approval of a substantial building that is consistent with the intent of the Hemming PRO Zone. No new phases shall be considered until at least fifty (50) percent build out has occurred on previous phases. The area designated for Phase I is limited to the southwest area including the areas of mixed-use development on both sides of W 2nd South and the proposed Hotel/Lodge area. 3.30.010 Purpose and Objectives Hemming has acquired the largest ownership of this block and its' adjacent north and south street frontages in order to develop a lasting mixed use district establishing a linkage between Main Street Rexburg and BYU Idaho. This district's guiding principles of sustainability and permanence is in accordance with the Comprehensive Plan of Rexburg, Idaho. 3.30.020. Permitted Uses Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the Hemming Pro Zone, subject to the limitations set forth. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the Hemming Pro Zone: Use Two-family dwelling (attached to commercial or other nonresidential use) Multiple Family Dwelling (excluded along 2nd West) Apartments (low rise attached to commercial or other nonresidential use as a mixed-use project as set forth in Rexburg City Code) Apartments (high rise attached to commercial or other nonresidential use; as a mixed-use project as set forth in Rexburg City Code) Disabled person residential facility (as part of a mixed-use building, i.e. non-residential uses) Hotels (parking in rear or side yard or garage structure, no parking in front of structure) Automobile parking (except 4603, long term storage of autos, trucks, boats, vacation trailers, etc.) Gas and electric utility company office Water and electric utility company office Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) Storm drain or right-of-way (predominantly covered pipes or boxes) Travel Agencies Hardware Building maintenance Department stores (includes major and junior chain department stores) Variety stores Retail trade (as part of a mixed-use building, i.e. residential and/or office) Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.) Miscellaneous retail food establishments Apparel, shoes, and accessories Furniture, home furnishings, and equipment (no combined warehousing) Eating places (restaurants) Drug and proprietary stores; health and natural products stores Books, stationery, art, and hobby supplies Sporting goods, bicycles, and toys Garden supplies (entirely within a building only) Jewelry Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet stores, , games, computers, electronics, rental tuxedos and gowns, and other similar retail stores) Banks, insurance, and real estate (office only) Personal services - including laundry, photography, beauty and barber services, clothing repair, etc. (except 6240 and 6299 wedding chapel and reception centers only) Athletic clubs, body building studios, Spas, aerobic centers, (no gymnasiums) Business services (office and retail sales only, except 6370, 6380, 6394 and 6397) Offices and professional services (uses must be located above or below first street level floor, as part of a mixed-use building, i.e. residential and/or office) Locksmiths and key shops Professional Services (except 6515 Behavior, drug and alcohol treatment; office only) Contract construction services (offices and retail only) Executive, legislative, and judicial functions Postal services Educational services Churches, synagogues, temples, and missions Religious reading rooms Other religions activities Cultural activities Video Rental Shops Permitted Accessory Uses. Accessory uses and structures are permitted in the Hemming Pro Zone provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the Hemming Pro Zone. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use be located on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the Hemming Pro Zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. Use Bed and Breakfast Inns and Vacation Rentals Dormitory housing (maximum of eight (8) six (6) unrelated persons per unit physically attached to commercial or other non-residential uses as a mixed-use project)