HomeMy WebLinkAboutOrd 1115 Amend Ordinance 1026 adding Subdivision Section
ORDINANCE NO. 1115
AN ORDINANCE AMENDING ORDINANCE NO. 1026 PROVIDING FOR SUBSTANTIVE AND NON-SUBSTANTIVE CHANGES; INCLUDING: (1) AMENDING CHAPTER 2, CHAPTER 3, CHAPTER 4, CHAPTER 5, CHAPTER 6; (2) REPEALING
ORDINANCE 658 BY AMENDING CHAPER 12 TO INCLUDE A SUBDIVISION SECTION; (3) REPEALING ORDINANCE 548 BY AMENDING CHAPTER 13 TO INCLUDE A REVISED MOBILE/MANUFACTURED HOME SECTION; AND PROVIDING
FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY the Mayor and Council of the City of Rexburg, Idaho:
SECTION I: The Development Code of the City of Rexburg, Idaho, is hereby amended by the following SIGNIFICANT CHANGES:
SIGNIFICANT CHANGES TO THE DEVELOPMENT CODE IN SUMMARY
Section #
Explanation of Change
2.21
Combined Nursery Schools and Day Care Centers to same definition. Listed zones that allowed use.
2.21
Added definition of Drainage Plan.
2.21
Added definition of Grade for sign height.
2.21
Added definition of Short Plat. The Subdivision ordinance was added as a Chapter 12.
2.21
Added definition of Substantial Commercial Cluster.
3.4.025+
Changed language for Conditional Use Permits (CUP) from shall be to may be permitted. Also took CUP requirements out of Permitted Use section and created its own section.
3.4.150+
Added paragraph about Highway 20 Corridor Site Plan Requirements.
3.5.090+
Added language to allow for projections into setback areas.
3.7.020+
Language added to allow up to twenty four (24) units per building instead of only four (4) units.
3.7.100+
Changed Allowable Building Height from thirty (30) feet to forty (40) feet if not adjacent to a Low Density Residential Zone.
3.7.130+
Added new requirement for large housing projects to demonstrate pedestrian connection to BYUI and a Substantial Commercial Cluster.
3.9.100+
Language added to allow unroofed terraces, enclosed stair and elevator structures on top of building without adding for their additional height.
3.11.025+
Added Day Care Centers and Nursery Schools as permitted or conditional uses throughout document.
3.11.100
The building height in the Rural Residential 1 zone was lowered from thirty (30) feet to twenty five (25) feet to match the height in the Rural Residential 2 Zone.
3.13.100+
Added language to require minimum side yard when roof sloped to face neighboring property.
3.14.05+
Added Call Centers to be allowed with Conditional Use Permit (CUP).
3.14.100
Added language to require ten (10) feet of front yard when minimum percentage required for mixed use is lowered with a CUP.
3.15.20
Allow gas pumps at convenience stores in Neighborhood Business District.
3.19.025+
Language to allow City Council to wave requirement of Single Ownership and Control.
3.20.020+
Caretaker dwellings to be allowed as per the Planning and Zoning Commission in Industrial Zones.
4.13+
Language to allow smooth faced concrete block, tilt-up concrete panels, prefabricated steel panels and vinyl siding from building sides that are not visual from street or public parking.
4.14
Changes to the Commercial Lighting Standard. Overseen by Brett Stoddard.
5.1
New parking lot or additions require building permit.
5.2
The Planning and Zoning Commission can approve parking to be farther than 200’ with a CUP.
5.5
Residential tandem parking to be allowed when both spaces can be assigned to same dwelling unit.
5.8
Call Center Parking requirements added.
5.9
Language to provide additional parking in Central Business District (CBD) if new use requires more parking than traditional retail.
6.14
Language added to require Public Hearing at City Council when the Council rules differently than the Planning and Zoning Commission recommendation from their Public Hearing and to allow
the Planning and Zoning Commission to require additional Public Hearing at City Council for any reason.
Chapter 12
Inclusion of the completely revised Subdivision Section. (eliminating Ordinance 658) Overseen by John Millar.
Chapter 13
Inclusion of the completely revised Mobile/Manufactured Home Section (eliminating Ord.548). Overseen by Natalie Powell.
+
The plus sign indicates that the change also takes place in a succeeding section(s).
SECTION II: SIGNIFICANT ADDITIONS BY CHAPTER:
CHAPTER 2:
2.1 Definitions for this Ordinance (Added items)
A. Daycare Centers and Nursery Schools: A building or structure where care, protection, and supervision are provided on a regular schedule, at least three times a week. For up to five
(5) children, see Section 4.10a Home Occupations. Six (6) to eleven (11) children are allowed by Conditional Use Permit in Low Density Residential 2 (LDR2) and Low Density Residential
3 (LDR3) zones (see Section 4.10b). Greater than eleven (11) children are allowed in most higher density residential and commercial zones (see applicable Sections).
B. Drainage Plan: A drainage plan is required for all new construction. The plan shall be part of the required site plan and should identify drainage paths (with heights), perforated
drain pipes around footings (as required), retaining and detaining basins (if used), slope away from foundations, injection wells (if used), gutters and catch basins (if used), pipe
size and location (as applicable), and other drainage detail as needed. For all but single family home projects (including duplexes and twin homes) storm water run-off calculations
are required as per the City Engineer.
C. Grade: For purposes of defining building height, grade shall be defined as a referenced plain representing the average of finished ground level adjoining the building at exterior
walls. Where the finished ground level slopes away from the exterior walls, the referenced plane shall be established by the lowest points within the area between the building and the
lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building. For purposes of defining “sign height”,
grade shall be defined as the average elevation of the parcel on which the sign is located.
D. Short Plat: A plat for three (3) or less properties that is reviewed and approved by City Staff only.
E. Substantial Commercial Cluster: A group of commercial businesses that include a grocery store, restaurant, and bank as a minimum, along with other various retail and services. The
cluster is required to be within three city blocks of each other.
CHAPTER 3:
3.4.150. Fencing and Screening
A. Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a site plan to the Planning and Zoning Commission and be approved by the Commission prior
to obtaining a Building Permit.
3.5.090. Setbacks and Rights-of-Way Exceptions
A. Permitted Projections with Conditions. The structures listed below may project into a minimum front yard or rear yard no more than four (4) feet and into a minimum side yard not more
than two (2) feet, except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
i. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
ii. Fireplace structures and bays provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part.
iii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding thirty (30) inches in height.
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than one (1) story in height and is entirely open on at least three (3) sides,
except for necessary supporting
columns and customary architectural features.
B. Box or Bay Windows. Box or Bay Windows provided they are not wider than eight (8) feet may be projected up to one (1’) foot in a front yard and up to two (2’) feet in a rear yard.
No projection is allowed in a required side yard.
3.5.150. Fencing and Screening
A. Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a site plan to the Planning and Zoning Commission and be approved by the Commission prior
to obtaining a Building Permit.
3.6.090. Setbacks and Rights-of-Way Exceptions
A. Permitted Projections with Conditions. The structures listed below may project into a minimum front yard or rear yard no more than four (4) feet and into a minimum side yard not more
than two (2) feet, except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
v. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
vi. Fireplace structures and bays provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part.
vii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding thirty (30) inches in height.