HomeMy WebLinkAboutDevelopment Code 1115 - Ord 1181 Mixed Use ZoneCity of Rexburg Development Code: MU
MIXED USE ZONES
3.13 Mixed Use (Number Reserved)
3.14 Mixed Use (MU)
3.14.010. Purpose and Objectives
3.14.020. Permitted Uses
3.14.030. Minimum Mixed Use Percentages
3.14.040. Lot Area
3.14.050. Lot Width
3.14.060. Lot Depth
3.14.070. Lot Frontage
3.14.080. Prior Created Lots
3.14.090. Lot Configuration and Density
3.14.100. Yard Requirement
3.14.110. Projections into Yards
3.14.120. Building Height
3.14.130. Distance Between Buildings
3.14.140. Permissible Lot Coverage
3.14.150. Parking, Loading and Access
3.14.160. Design Standards
3.14.170. Other Development Standards
3.14.180. Reversion of Zoning
3.14.190. Lighting Standards
3.14.010. Purpose and Objectives
It is the purpose and intent of the moderate intensity mixed use ("MU") district to provide areas in which a variety of
housing types may exist among neighborhood-serving commercial and institutional uses. Mixed use projects are
encouraged, but stand-alone residential development is allowed. Higher residential densities are allowed with the
highest requiring a mixed use component. (See Section 3.14.030. below.)
The MU zone is intended and therefore shall only be applied to areas that are designated Neighborhood
Commercial/Mixed Use on the City’s Comprehensive Plan map. For land that is zoned MU, and is located within
the Pedestrian Emphasis District (PED): less parking and higher density for residential units are allowed as per the
definition of the Pedestrian Emphasis District found in Chapter 2.
For Infill/Redevelopment Projects (see definitions in Section 2.1) setbacks and buffering are increased as per
Section 4.16 Infill/Redevelopment Projects.
3.14.020. Permitted Uses
a. Categories.
Those uses or categories as listed herein, and no others, are permitted in the MU zone except
as otherwise stated.
b. Permitted Principal Uses.
In the moderate intensity mixed-use (MU) zone, residential, commercial, and
institutional uses may occupy the same building and lot. The permitted uses as defined below are required
to be used in combination of residential and commercial. Each building or project must have a minimum of
10% residential or commercial (including other uses as approved by the Community Development
ndnd
Director). MU is not allowed as a zone in any property facing Main Street Between the 2 West and 2
East. The following principal uses and structures, and no others, are permitted in the MU zone:
Permitted Uses
Advertising services (office only)
Apartments - low rise attached to commercial or other nonresidential use as a mixed-use project as set forth
in Rexburg City
Apparel and accessories
Athletic clubs, body building studios, Spas, aerobic centers, and gymnasiums
Bakeries and Doughnut Shops
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Banks, insurance, and real estate (office only)
Beauty and Barber Shops
Bed and Breakfast Inn
Boarding Houses
Books, stationery, art, and hobby supplies
Bus transportation (Except bus garaging and equipment maintenance)
Business services (office and retail sales only)
Call Centers
Candy, Nut, and Confectionery
Churches, synagogues, temples, and missions
Combination utilities right-of-way (Identifies areas / where surface is devoted exclusively to right-
of-way activity)
Consumer credit services
Consumer credit services
Crematory
Cultural activities
Dancing Schools
Day Care Centers
Department stores (includes major and junior chain department stores)
Direct selling organization
Discount department stores
Drug and proprietary stores
Drug and Proprietary Stores
Duplicating, stenographic, and office services
Dwelling, janitorial, and other building services (office only)
Eating places (restaurants)
Educational services
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the
right-of-way of the activity)
Electrical appliance repair and service (no outside storage)
Employment services
Executive, legislative, and judicial functions
Florists
Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.)
Fruits and Vegetables
Funeral parlor (mortuary)
Furniture, home furnishings, and equipment (no combined warehousing)
Garden supplies (entirely within a building only)
Gas and electric utility company office
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-
way of the activity)
Gas pressure control stations
Gunsmiths
Hardware
Hotels
Ice dealers (automated machines or pick-up stations only)
Irrigation distribution channels
Jewelry
Libraries
Locksmiths and key shops
Mail and Phone order houses
Membership lodging
Merchandise vending machine operators
Miscellaneous business services (office only)
Miscellaneous retail food establishments
Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet
stores, and other similar retail stores)
Miscellaneous service organizations (office only)
Motor vehicle transportation
Multiple Family Dwellings, Apartments, and Dormitory Housing - up to 30-units per acre
Museums
News syndicate services (office only)
Nursery Schools
Other religions activities
Parking lot – automobile parking lot and garages (this does not include impound yards or long term
storage of autos, trucks, boats, vacation trailers, etc.)
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Personal services - including photography, beauty and barber services, clothing repair, etc.
Photographic Services
Police Protection and Related Activities, Branch (office only)
Postal services
Prescription pharmacy (intended for the convenience of permitted establishments and/or clients
thereof, provided that no business occupies more than fifteen (15) percent of the total floor area of
the building in which it is located and has no separate entrance)
Pressing, Alteration and Garment Repair (no on-site dry cleaning)
Professional Services (Except behavior, drug and alcohol treatment; office only)
Protective functions and related activities
Reception Center
Refuse disposal company office
Religious quarters
Religious reading rooms
Residential facility for elderly persons
Residential facility for persons with a disability
Residential hotels
Retail trade - general merchandise
Reupholstering and furniture repair
Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way
activity)
Sewage pumping stations
Short Term Rental
Sporting goods, bicycles, and toys
Storm drain or right-of-way (Predominantly covered pipes or boxes)
Surplus stores (inside only)
Travel Agencies
Variety stores
Video Rental Shops
Water and electric utility company office
Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity.
Water pressure control stations and pumping plants
Water utilities or irrigation company office
c. Permitted Accessory Uses.
Accessory uses and structures may be permitted in the MU zone, provided
they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such
permitted accessory uses and structures include, but are not limited to, the following:
i. 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 MU zone.
ii. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is 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, but
in no case for a period to exceed one (1) year, unless approved by the Building Official.
3.14.025. Conditional Uses
The following uses and structures may be permitted in the MU zone only after a Conditional Use Permit has been
issued, and subject to the terms and conditions thereof, and must be consistent with the Purpose and Objectives of
the MU zone. The conditional uses as defined below are required to be used in combination of residential and
commercial. Each building or project must have a minimum of 10% residential or commercial (including other
uses as approved by the Community Development Director). When MU is allowed in an area designated on the
Preferred Land Use Map as Downtown Commercial Mixed Use, the residential density may be increased to 40
units per acre if approved with a Conditional Use Permit.
Conditional Uses
Behavior, drug & alcohol treatment
Building maintenance
Candy, nut, and confectionery (only in historic buildings)
Communications (Subject to Section Rexburg City Code)
Contract construction services (offices and retail only)
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Dairy Products
Debris basin (A dam and basin for intercepting debris)
Dormitory apartments - maximum of six (6) persons per unit attached to commercial or other
nonresidential use as a mixed-use project
Dry goods and general merchandise (yarn, linen, crafts, fabric, etc.) (Only in historic buildings on
arterial streets)
Electrical supplies
Electricity regulating substations
Grocery Stores (if center is more than 5 acres but less than 10 acres) Containing only land uses
listed herein.
Heating and plumbing equipment (no outside storage)
Hospitals
Household Goods Warehousing and Storage
Meats and Fish
Miscellaneous retail trade (except drug stores and proprietary stores; only in historic buildings as
defined in this title)
Other gas utilities, NEC
Paint, Glass, and Wall Paper
Restaurants, subject to the following conditions:
1. That the restaurant be architecturally compatible with surrounding buildings.
2. That there is no short order/fast food or drive-in restaurants.
3. That signs, landscaping, number of employees, and distance from existing commercial
Zones, and related matters, shall be factors considered in the review and approval of a
conditional use permit.
Sanitariums, convalescent and rest home services
Second hand clothing, shoes, furniture and books (does not include flea markets, or thrift store and
general second hand merchandise, indoor display and storage only; use of outdoor collection boxes
is prohibited, (only on arterial streets))
Shopping Centers (if center is more than 5 acres but less than 10 acres) Containing only uses that
are listed herein.
Small generation
Spreading grounds (Area for percolating water into underground)
Swimming Pool Supplies
Veterinarian services, subject to the following conditions:
1. Experimental or scientific research activities are prohibited.
2. No on-site disposal of dead animals.
3. The facility shall be located completely within an air-conditioned and soundproofed building.
4. Animal noise shall not be audible at the nearest property line.
5. Overnight boarding shall be limited to animals receiving treatment on the premises.
6. Services shall be limited to small animals only.
7. No services shall be permitted for poisonous or dangerous animals.
Water storage as part of a utility system (covered including water storage standpipes)
3.14.030. Minimum Mixed Use Percentages
MU projects are encouraged to have a residential, commercial or institutional mixture (including other uses as
approved by the Community Development Director). The MU zone allows a maximum residential density of thirty
(30) units per acre. Projects shall be allowed an additional residential unit for each half (1/2) percent of commercial
or institutional use. The use will be monitored by the Community Development Compliance Officer.
3.14.040. Lot Area
The minimum area of any lot or parcel of land in the MU zone is twelve thousand (12,000) sq. ft.
3.14.050. Lot Width
The minimum lot width in the MU zone is sixty (60) feet.
3.14.060. Lot Depth
The minimum lot depth in the MU zone is sixty (60) feet.
3.14.070. Lot Frontage
Each lot or parcel of land in the MU zone shall abut a public street for a minimum distance of twenty-four (24) feet,
on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City
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standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement.
3.14.080. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall be subject to
review by the Planning and Zoning Commission and the Rexburg City Council and may be denied a building permit
for reason of nonconformance with the parcel requirements of this Chapter.
3.14.090. Lot Configuration and Density
Projects in this zone are required to be pedestrian friendly developments with buildings facing and in close
proximity to the right-of-way. Parking lots are required to be behind buildings. Other configurations may be
considered on a case-by-case basis and subject to a Conditional Use Permit (CUP). Access driveways are restricted
to twenty-four (24’) feet (unless required to be wider for Fire Apparatus).
For land that is located within “Area #1” of the PED District (see map on page 239), the dwelling unit density shall
be allowed to be increased as per Planning and Zoning Commission findings during the required CUP.
3.14.100. Yard Requirement
The following minimum yard requirements shall apply in the MU zone:
Front Yard.
The minimum front yard setback shall be zero (0) feet if the following requirements are followed
a.
A minimum 8’ wide sidewalk is required parallel to any city street.
b.
Street trees and other landscape amenities are required and include as a minimum the use of 2” caliper
deciduous trees at a maximum of 20’ spacing in the landscape strip between the curb and sidewalk. The
space between the building and sidewalk shall be landscaped with ornamental trees, shrubs, annual and
perennial flowers to achieve a “fully landscaped look”. The landscape strip and the front yard setback shall
be planted with grass between the trees, shrubs and other landscape features. An irrigation system is
required and is the responsibility of the property owner as is the maintenance of the landscaped areas.
c.
The building shall be oriented toward the street with architecturally defined entrances; a ground floor
prominence; and elements that break up vertical and horizontal walls.
d.
There shall be a variety of openings and other features that enhance the buildings visual interaction with the
street. These features include doors, windows, balconies and/or other items such as stoops, awnings,
porches, dooryards, canopies, overhangs, recesses, etc. that in combination enhance the human scale and
pedestrian experience of the street. Balconies, awnings, canopies and other structural elements may extend
a maximum of three (3) feet into the setback.
e.
The first floor wall facing the right-of-way shall be faced with high quality materials (as approved by
Community Development Director or Designee).
f.
Street lighting and utilities within the right of way must be installed as per the City Engineering Standards.
g.
Renderings identifying all of the above requirements and the Design Standards shall be provided to city
staff prior to the request for a building permit. The Community Development Director or Designee will
have authority to review the submittal and determine if it meets the above requirements and spirit in which
they were created. At request by applicant the City Staff will have authority to over-rule the findings of the
Community Development Director or Designee.
h.
Townhouse type residential adjacent to right-of-way shall have a “daylight basement” or crawlspace with
the first floor a minimum of two (2’) feet above grade.
When the above requirements are not met then a front yard setback of ten (10) feet shall be required. The front yard
shall be landscaped with ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped
look”. The maximum front yard setback shall be ten (10) feet. No part of any building shall overhang the public
right-of-way and no drainage shall be diverted into said public right-of-way. Parking spaces, drive aisles, and all
maneuvering areas shall not be located within the first ten (10) feet of a front yard. This area shall be used for
landscaping that will adequately screen parking areas from adjacent right-of-way.
a. Rear Yard.
No requirement. When a building is adjacent to a residential zone or use the building shall
match the rear yard requirements of the adjacent residential zone or use. Minimum rear yard of at least 6
(six) feet shall be required when a sloped roof drains toward rear yard property line.
b. Side Yard.
There shall be no side yard requirements. When a building is adjacent to a residential zone or
use the building shall match the side yard requirements of the adjacent residential zone or use. Minimum
side yard of at least 6 (six) feet shall be required when a sloped roof drains toward side yard property line.
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c. Infill/Redevelopment Setbacks.
Setbacks are increased as per Section 4.16 Infill/Redevelopment
Projects.
d. Accessory Buildings.
Accessory buildings must meet all fire separation requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than one
hundred and twenty (120) square feet require a building permit.
ii. Comply with all lot coverage requirements and may not be in the front yard.
iii. Comply with the current Building Code of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Maintain architecturally similar material and colors with main building.
3.14.110. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into any required yard,
except for a required driveway:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements including trees, shrubs, turf, and other plant materials.
iii. Necessary appurtenances for utility service.
iv. Utility fixtures are not allowed in the front yard setback or in the City right-of-way.
3.14.120. Building Height
Permitted Heights
a. The allowed height is 55 feet, for all buildings. Buildings higher than 55 feet may be allowed with a
Conditional Use Permit. Building height for all uses shall be measured from adjacent grade level to the top
of the highest horizontal wall top plate. An unroofed and unenclosed rooftop terrace, an enclosed stairwell
or elevator providing access to the roof, shall not be included in the measurement of total building height.
b. Stealth telecommunication towers are permitted to a height of 75 feet. The Planning and Zoning
Commission shall review the design of all proposed stealth telecommunication towers through the
conditional use permit process, and provide a recommendation to the City Council. Any proposed tower
shall also be subject to the City’s telecommunications tower ordinance which will require certain setbacks
and excluded areas.
c. Non-stealth telecommunication towers are permitted to a height of 60 feet. The Planning and Zoning
Commission shall review the design of all proposed telecommunication towers through the conditional use
permit process, and provide a recommendation to the City Council. Any proposed tower shall also be
subject to the City’s telecommunications tower ordinance which will require certain residential setbacks
and excluded areas.
3.14.130. Access
Housing projects made up of twelve (12) or more units will be required to demonstrate sidewalk access to the BYUI
campus and to the nearest Substantial Commercial Cluster (see definition).
3.14.140. Permissible Lot Coverage
a. Lot Coverage.
Maximum Lot Coverage is 90%.Lot coverage includes all buildings and structures
including areas of hard surface such as sidewalks and driveways.
b. Landscaping.
Areas not included in lot coverage calculation shall be maintained in landscaping.
3.14.145. Project Plan Approval
All projects constructed within the MU zone must submit, prior to beginning construction, a site plan (including a
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landscape and drainage plan) for review and approval by City of Rexburg Development Review Committee.
Drainage on to an adjacent lot not owned by applicant is not allowed. All structures must comply with Building
Department requirements.
3.14.150. Parking and Loading
Each lot or parcel in the MU zone shall have, on the same lot or parcel, automobile parking sufficient to meet the
requirements as set forth in Chapter 5 Parking Regulation unless otherwise specified below. When possible,
connectivity through parking lots of adjacent properties is required. The following parking guidelines shall apply to
the MU zone:
a. Parking Lot Construction
All parking spaces shall be paved with asphaltic cement or concrete and shall be provided with paved
access from a public street. Said spaces shall be provided with adequate drainage which shall not run across
a public sidewalk. Parking spaces and maneuvering areas shall not be provided within a required front
yard. An effective buffer shall be provided between parking areas for more than five (5) vehicles and
existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care.
The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree of
2” caliper and five (5) low shrubs per thirty (30) lineal feet. A six (6) foot high vinyl or masonry fence may
be substituted for the landscape strip.
b. Townhouses
Townhouses in the MU zone shall have two off-street parking spaces per unit.
c. Mixed-Use Buildings and Projects
The total parking requirement shall be the sum of the individual requirements for all uses (see Chapter 5).
A joint use parking agreement, if executed according to the standards set forth in section d below would
allow a reduction in the total requirement for a mixed-use building or project.
d. Joint Use Parking
Joint use parking facilities are encouraged. Joint use of required parking spaces may occur where two or
more uses on the same site or on separate sites are able to share the same parking spaces because their
parking demands occur at different times. Joint use of required parking spaces is allowed if the following
documentation is submitted in writing to the City as part of a building permit application or site plan
review:
1. The names and addresses of the uses and of the owners or tenants that are sharing the parking;
2. The location and number of parking spaces that are being shared;
3. An analysis showing that the peak parking demands for the different uses occur at different times, and
that the parking area will supply at least the minimum number of required spaces for each use during
its respective peak parking times; and,
4. A legal instrument such as an easement or deed restriction that guarantees access to the joint parking
for all uses.
e. Parking Structures
Parking Structures are encouraged and must meet the requirements set forth in Chapter 5.
3.14.160. Design Standards
MU zones must follow the requirements of Section 4.13 Commercial Design Standards. All development adjacent
to the Highway 20 right-of-way must submit a site plan meeting the requirements of Section 4.7.iv. to the Planning
and Zoning Commission and be approved by the Commission prior to obtaining a Building Permit.
3.14.170. Other Development Standards
a. Signs.
All signs erected in the MU zone shall be in conformance with the sign provisions of the Rexburg
City Sign Code, except for the following:
i. Sign requirements shall apply to the MU district, with the following exceptions:
1. Pole signs are not allowed;
2. Permitted detached signs shall be monument style and shall be limited to six feet in height.
b. Outdoor Storage or Display
i. Outdoor storage or display requires a Conditional Use Permit (CUP).
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c. Entrances
i. In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly
accessible streets and sidewalks, a principal building must have its main entrance from a public
sidewalk or plaza or from a private sidewalk or plaza that is publicly accessible through a public use
easement. The main entrance shall not be from a parking lot; however, secondary entrances from
parking lots are permitted. Interior buildings constructed as part of a campus development are exempt
from these requirements.
d. Landscaping.
All landscaping in the MU zone shall be consistent with landscaping requirements of the
Development Code
.
e. Infill/Redevelopment.
Buffering is required as per Section 4.16 Infill/Redevelopment Projects.
f. Trash Storage.
No trash containment device shall be placed in such a location as to be visible from the public right of way
unless in preparation for pickup, and under no circumstance for any period greater than 24 hours prior to
and subsequent to the regularly scheduled pickup for trash.
g. Walls, Fences, and Gates
i. In order to promote pedestrian-oriented developments, exterior security fences and gates that are
located along public streets, along private street or walkways that are publicly accessible through a
public use easement, or along publicly accessible open spaces shall not extend beyond the building
façades; i.e., these fences shall not be located in the area between building façades and the property
line.
ii. Fences not exceeding thirty-six (36) inches in height, however, may extend beyond the building facade
of attached or detached one- and two-family residential dwellings in mixed-use zoning districts.
iii. A vinyl or masonry fence of at least six (6) feet in height shall be erected along all property lines which
lie adjacent to a residential zone, except front yards, where the height of the fence shall not exceed
thirty-six (36) inches. In the case where there is mutual agreement between the property owners of the
commercial zone and the adjacent residential zone, the Planning and Zoning Commission shall give
considerable weight to the wishes of the parties involved. A signed agreement must be submitted to the
Planning and Zoning Commission or its designee, indicating the desires of the property owners to have
no fence. In the case where there no agreement can be reached, preference will be given to the
construction of a vinyl fence.
3.14.180. Reserved
3.14.190. Lighting Standards
Residential and Commercial Lighting Standards are applicable as described in Section 4.14. Factors such as location
of housing (onsite and offsite) and commercial land uses shall direct what standards are applicable
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