HomeMy WebLinkAboutChapter 1 TITLE, AUTHORITY, PURPOSE, INTENTCity of Rexburg Development Code Title, Authority, Purpose, Intent
CHAPTER 1: TITLE, AUTHORITY, PURPOSE, INTENT
1.1 Title
1.2 Authority
1.3 Purpose
1.4 Intent
1.5 Applicability
1.6 Previous Ordinances and Maps
1.7 Severability
1.8 Relationship to other laws
1.9 Violation and Penalties
1.10 Development Review Committee and Design Review Board
1.11 General Procedures, Notice and Timing
1.1 Title
This Ordinance shall be known and entitled as “The City of Rexburg Development Code” and may be so cited and
pleaded.
1.2 Authority
This Ordinance is adopted pursuant to authority granted by Title 67, Chapter 65 of the Idaho Code, and Article 12,
Section 2 of the Idaho Constitution, as amended.
1.3 Purpose
a. Purpose.
The purpose of this Ordinance shall be to promote the health, safety, and welfare of the residents
of the City of Rexburg as follows:
i. To protect property rights and enhance property values.
ii. To provide for the protection and enhancement of the local economy.
iii. To ensure that important environmental features are protected and enhanced.
iv. To encourage the protection of prime agricultural lands for the production of food.
v. To encourage concentration of population in urban areas with the goal of enhancing the quality of life
for the community.
vi. To ensure that development is commensurate with the physical characteristics of the land.
vii. To protect life and property in areas subject to natural hazards and disasters.
viii. To protect recreation resources.
ix. To avoid undue water and air pollution.
x. To maximize use of existing infrastructure including roads, utilities, sewers and water facilities.
xi. To secure safety from fire and provide adequate open spaces for light and air.
xii. To implement the comprehensive plan.
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1.4 Intent
It is the intent of the governing body of the City of Rexburg that this Ordinance be interpreted and construed to
further the purposes of this Ordinance and the objectives and characteristics of the zoning districts.
1.5 Applicability
The provisions of this Ordinance are applicable not only to private persons, agencies and organizations but also to
all public agencies and organizations to the full extent that they may be enforceable.
1.6 Previous Ordinances and Maps
The existing ordinances covering the zoning of the property within the limits of the City of Rexburg together with
all maps which are part of such ordinances are hereby superseded. Any illegal or unauthorized use of land, buildings
or structures shall remain illegal and unauthorized unless specifically authorized under this Ordinance.
1.7 Severability
If any portion of this Ordinance or its application to specific circumstances shall be held invalid by a court of
competent jurisdiction, the remainder of this Ordinance and its application to other circumstances shall be
unaffected.
1.8 Relationship to other laws
If State or federal law or regulations or other City ordinances impose additional or duplicative standards on
development or buildings regulated by this Ordinance, the more restrictive standard shall apply.
1.9 Violation and Penalties
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a complaint with
the Zoning Administrator. The Administrator or his agent shall record such complaint, investigate the same, and take
such action or cause such action to be taken as provided by this Ordinance. The City Attorney may, in addition to
taking whatever criminal action is deemed necessary, take steps to civilly enjoin any violation of this Ordinance.
Any violation of the provisions of this Ordinance or any failure to comply with any of its requirements shall
constitute a misdemeanor. Each day such violation continues beyond notice shall be considered a separate violation.
Any person convicted of violating the provisions of this Ordinance shall be punishable by imprisonment for a term
not to exceed thirty (30) days, a fine not to exceed three hundred dollars ($300), or by both such fine and
imprisonment.
1.10 Development Review Committee and Design Review Board
a. Purpose
. The Development Review Committee and the Design Review Board are established to
coordinate, expedite and assure fair and equitable implementation of this title.
The objective, to be implemented through their procedures and deliberations, shall be to encourage
development quality that will enhance both the natural and built environments, with consideration to
present and future property values, and to carry out the purposes of this title. All bodies authorized under
this chapter may call upon any City staff or other persons with technical expertise, and may testify before
any board, commission or other body upon the subjects for which they have responsibility.
i. Development Review Committee.
The Development Review Committee is established to evaluate
all proposals subject to the provisions of this title. The Development Review Committee is the body
charged with reviewing items relating to public health and safety.
1. The Development Review Committee shall act as an advisory body to the Community
Development Director for site plans when no variance or deviation is requested; and
2. The Development Review Committee shall act as an advisory body to the City Council for larger
and more complex proposals including conditional use permits, planned unit developments, all site
plans involving variances or deviations, divisions of land, zone map amendments, annexations and
other actions as requested by staff or the City Council.
ii. Design Review Board.
The Design Review Board is established to review design standards,
landscaping and site plans when requested by either the Community Development Director or a
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designee or by the applicant. The applicant may request that the Design Review Board meet and
overrule the findings of the Community Development Director or a designee.
1. ORGANIZATION
a. The Design Review Committee is made up of three (3) pools of individuals from:
i. The Planning and Zoning Commission (pool of all members)
ii. The City Council and Mayor (pool of all members)
iii. Professional Group (group of ten)
b. Three (3) members of the committee should be present for project design review. The Planning
and Zoning Assistant shall attempt to build a three-member committee by calling one member
from each pool. If the attempt is not successful, then the group may consist of three members of
any combination of the pools. If at the time of the meeting some or all of the members of the
committee do not show, then two of the remaining members and/or City of City Staff may act as
the committee.
c. The Community Development Director shall recommend potential members from the private
sector for inclusion into the Professional Group to the Mayor.
2. MEETINGS
a. The Community Development Director or a designee will review all plans and applications
for compliance to the Design Standards as set forth in the City of Rexburg Development Code.
b. If the Community Development Director or a designee performing the design review feels
that input is required from the Design Review Committee; he/she can request that the Design
Review Committee meet and discuss the proposal.
c. If at any time the person submitting the plans does not agree with the review performed by the
Community Development Director or a designee, he/she may request a hearing by the Design
Review Committee.
3. AUTHORITY
a. The Planning and Zoning Commission delegates the authority required to make a best effort
design review to the Community Development Director or a designee. It is the intent that the
Community Development Director or a designee reviews the submitted plans for compliance to
the ideals and spirit of the design review requirements of the Rexburg Development Code.
b. The Planning and Zoning Commission at any time may request that a Design Review
Committee be called together for certain project review or as a re-review on a project completed
by the Community Development Director or a designee.
b. Development Review Committee Procedures Established (Community Development Director, City
Engineer and Fire Department Inspector).
Each department charged with development review shall have
the ability and authority to require the Community Development Director to make a recommendation of
denial when in their view the project cannot meet the requirements and review criteria of this title and
acceptable conditions do not exist to cure the identified failings of the project. Each of the Development
Review Committee Members will input their reviews and comments into the City Permitting System or
provide them to the Planning Coordinator following their project review. These records shall be preserved
as part of the official file for each development proposal.
i. Including Members of the Committee.
When necessary, other members of the committee may be
included at the request of any Committee Member.
ii. Soliciting input.
When applicable, the Development Review Committee may solicit the input of non-
City agencies and persons.
c. Design Review Board Procedures Established.
To implement this purpose, certain procedures shall be
adopted to include, but not be limited to, meetings attended by members of the Design Review Board.
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Written meeting reviews setting forth decisions and findings shall be made. These records shall be
preserved as part of the official proceedings for each developmental proposal.
Lastly, the Design Review Board shall generally follow “Robert’s Rules of Order” and may prepare and
adopt supplemental procedural rules, upon the approval of the City Council, that will assure the
accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review
process.
1.11 General Procedures, Notice and Timing
a. Informal Advice and Direction.
A person or organization considering any construction, building or site
alteration, rezoning or other development activity, may approach the Development Review Committee or
Design Review Board for informal advice and direction. Such discussion shall be treated as advisory by
both parties and shall record only the fact that contact had been made. An informal review by the
Development Review Committee and/or Design Review Board may be requested by submitting a
completed application form provided by the Planning Director along with any schematic development plans
or written narrative at least one week prior to the next Development Review Committee and/or Design
Review Board meeting.
The initial informal review by an applicant or owner for a specific parcel shall be conducted without a fee.
A fee, set in accordance with the fee resolution adopted by the City Council, shall be charged for a second
or subsequent informal review requested by the same applicant and/or owner for the same real property as a
prior informal review. No application is required for informal review or advice by the Development
Review Committee.
b. Application.consideratio
An application for n of a development proposal must be submitted utilizing a
form available from the Planning Director. Material to be submitted with the application shall include the
elements set forth within the requirements for the type of proposal to be considered, i.e., sketch plan, site
plan, conditional use permit, certificate of appropriateness, planned unit development, divisions of land,
etc. as outlined in this title. It is recommended that the applicant discuss the application informally with the
Development Review Committee prior to formal submission to help expedite the process. Depending upon
the size of the proposed project, its location and type, the applicant may be directed to one or more agencies
of the City for processing.
c. Development Review Committee or Design Review Board Action.
By no later than 30 working days
from the date of the first regularly scheduled Development Review Committee and/or Design Review
Board meeting, at which the applicants’ proposal was initially reviewed, the Development Review
Committee, or Design Review Board shall take action to recommend approval, approval with conditions,
table pending submission of revised or additional materials or recommend denial of the applicant’s
proposal, unless the applicant grants a written extension to the review period.
d. Radon Testing
Radon is found in significant quantities in most of the Rexburg City limits. Areas on the
hill do not test high and as such, radon mitigation is not required. In the rest of the city radon mitigation is
required as per Appendix F of the International Residential Code. The City allows an exception to the
mitigation by testing out on a case by case basis.
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