Loading...
HomeMy WebLinkAboutDevelopment Code Changes for 2.15.18City of Rexburg Development Code: Definitions person or persons. Parking Space: A dedicated or delineated area other than a street or alley that is permanently set aside, reserved and maintained in accordance with the Rexburg City Development Code for the parking of one motor vehicle (see Chapter 5 Parking Regulation). a. Pedestrian Emphasis District (PED)• A zone created near the BYU-I campus that allows less parking and higher density for dormitory residential units. Visitor Parking in the Pedestrian Emphasis District (PED) consists of the following: PED Area One (1) may allow parking to be reduced to 6% visitor parking stalls per number of beds. PED Area Two (2) may allow parking to be reduced to 6% visitor parking stalls per number of beds. These minimum visitor parking requirements in PED Area One and PED Area Two may only be reduced through the (PED) Conditional Use Permit (CUP). Pedestrian Way: A public right-of-way dedicated as a walkway through a block from street to street and/or providing access to a school, park, recreation area, or shopping center. Planned Residential Development A Planned Unit Development that excludes all uses other than residential. Planned Unit Development (PUD): Residential, commercial and/or industrial use, or combination thereof, planned for a tract of land to be developed as a unit under single ownership or control. A Planned Unit Development is created for the purpose of selling, leasing, or renting lots or estates, whether fronting on private or dedicated streets and may include two or more principal buildings as governed by the Development Code. Plat: A map of a subdivision (See also "Short Plat") a. "Preliminary Plat" - A preliminary map, including supporting data, indicating a proposed subdivision development, prepared in accordance with this ordinance and the Idaho Code. b. "Final Plat" - A map of all or part of a subdivision providing conformance to an approved preliminary plat, prepared by a surveyor in accordance with this ordinance and the Idaho Code. c. "Recorded Plat" - A final plat bearing all of the certificates of approval required in this ordinance and duly recorded in the Madison County Recorder's Office. Pharmacy: A service business which dispenses, under the supervision of a pharmacist licensed by the State of Idaho, prescriptive and non -prescriptive medicines and drugs, orthopedic appliances, or medical supplies for the treatment of human illness, disease, or injury, excluding the sale of goods or commodities for general hygiene, diet, cosmetic, or other general health purposes. Plant Nursery: Any land used to raise trees, shrubs, flowers, and other plants for sale or transplanting. Principal Building• A structure or, where the context so indicates, a group of structures in which the principal use of the lot is conducted. Principal Use: The main use of the land or structures as distinguished from a secondary or accessory use. Private Road: A road within a subdivision plat that is not dedicated to the public and not a part of a public highway system. Public Land Survey Comer• Any land survey comer actually established and monumental in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to private person from the United States government. Page 18 of 351 City of Rexburg Development Code: Definitions Record of Survey A map prepared in accordance with the requirements of Title 55 Chapter 19 of the Idaho State Statutes, as amended. Recreational Vehicle: Recreational vehicles may include but are not limited to motor homes, converted buses, camping and travel trailers, light-duty trailers and transporters, horse and cattle trailers, rafts, boats and their trailers. Recycling Center or Plant A facility which is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled within a completely enclosed building. Redevelopment The process of removing existing buildings, structures or other improvements in order to make way for a new project. Reserve Strip (sometimes known as a " S itn e Stripy A strip of land between a dedicated street or partial street and adjacent property; in either case, reserved or held in public ownership for future street extension or widening. Right -of -Way: A parcel of land dedicated or reserved for use as a public way which normally includes streets, sidewalks, utilities or other service functions. Sanitary Restriction The requirement that no building or shelter which will require a water supply facility or a sewage disposal facility for people using the premises where such building or shelter is located shall be erected until written approval is first obtained from the state Division of Environmental Quality by its administrator or his delegate approving plans and specifications either for public water and/or sewage facilities, or individual parcel water and/or sewage facilities. Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, hom, or cornucopia. Such devices shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based uses. A ground -mounted dish shall be regulated as an accessory building. School: A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools. Self -Service Storaee Facility_ A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies. Service Station: Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. Self -Service Station: An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products. Setback: The minimum horizontal distance between a property line of a lot and the nearest wall line of the building (providing eaves are equal or less than two feet in depth), including any projection thereof, excluding uncovered steps. Uncovered steps or a deck may not extend into the front setback more than one-third of the required setback. Shopping Centers A grouping of three or more retail businesses or service uses on a single site of two or more acres with common parking facilities. Short Plat: A plat for five (5) or less properties that is reviewed and approved by City Staff only. The Community Development Director and the City Engineer can consider other simple plats on a case-by-case basis. See Short Plat in Chapter 12 Subdivision Ordinance Section 2.5, Site Plan: A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific Page 19 of 351 City of Rexburg Development Code: MU MIXED USE ZONES 3.12 Reserved 3.13 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 Mixed Use (MU) zone to allow flexibility where 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 with a Conditional Use Permit as per the definition of the Pedestrian Emphasis District found in Chapter 9. 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 mixed-use 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 is encouraged to have a mixture of residential, commercial or institutional (including other uses as approved by the Community Development Director). MU is not allowed as a zone in any property facing Main Street Between the 2nd West and 2"d East. The following principal uses and structures, and no others, are permitted in the MU zone: Permitted Uses Advertising services (office only) Apartments Apparel and accessories Athletic clubs, body building studios, Spas, aerobic centers, and gymnasiums Bakeries and Doughnut Shops Banks, insurance, and real estate (office only) Beauty and Barber Shops Bed and Breakfast Inn 'FA (aE 71 017 Boarding Houses Books, stationery, art, and hobby supplies 3 ,�' Bus transportation (Except bus garaging and equipment maintenance) City of Rexburg Development Code: MU 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) Condominiums 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 Dormitory Housing 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 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.) 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 A 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) City of Rexburg Development Code: MU Parking lot — automobile parking lot and garages (this does not include impound yards or long term storage of autos, trucks, boats, vacation trailers, etc.) 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 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) Townhomes (must have first floor two (2) feet above grade when adjacent to right-of-way) Travel Agencies 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: 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 encouraged to be used in combination of residential, commercial or institutional. 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) Dairy Products Page 73 of 351 City of Rexburg Development Code: MU 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 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. Mixed Use Percentages MU projects are encouraged but not required to have 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 one half (1/2) percent of commercial or institutional use. Mixed use percentages shall be maintained in perpetuity unless a change is requested and granted with a Conditional Use Permit. 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 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 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 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. ,IPIA &C 7y Off' -3 $-1 City of Rexburg Development Code: MU 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 and no more than ten (10) feet. When a front yard setback is greater than zero (0) feet, 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. "Residential only" first floors shall be required to have a ten (10) foot front yard setback. Townhouse type residential adjacent to right-of-way shall have a "daylight basement" or crawlspace with the first floor a minimum of three (2) feet above grade. 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. 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. 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. Infill/Redevelopment Setbacks. Setbacks are increased as per Section 4.16 Infill/Redevelopment Projects. 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. �7� J © s � 1 City of Rexburg Development Code: MU 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 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 MU2 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) deciduous tree of 2" caliper and five (5) five gallon 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 paragraph d. below would allow a reduction in the total requirement for a mixed-use building or project. it. 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 and approved by the Community Development Director or appointee 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. 1.14.160. Design Standards PA tin 6 %6 OF ?5t City of Rexburg Development Code: MU 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 i.v. prior to obtaining a Building Permit. In addition to Section 4.13, buildings shall provide the following pedestrian amenities: 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). E 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. 3.14.170. Other Development Standards a. Signs. All signs erected in the MU2 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 MU2 zone, 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). 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. E 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 fagades; i.e., these fences shall not be located in the area between building fagades and the property line. PA6,e -*-7-7 .,.,ti --'e .r I City of Rexburg Development Code: MU 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 applicabl 79 aP 3s/ City of Rexburg Development Code: Supplementary Regulations intersecting streets. 4.7 Screening and Fencing Requirements The following requirements are minimum standards. Additional landscaping elements may be allowed as per review by the Community Development Director or Designee. Screening and fences within the City shall be constructed and maintained in conformance with the following standards: a. Screening Requirements. Parking Areas. An effective minimum five (5) foot wide buffer shall be provided between parking areas for five (5) or more vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. Commercial parking lots shall be separated from the City right-of-way with a minimum 10' wide buffer. Buffers shall be planted with one (1) 2" caliper deciduous free and five (5) five gallon shrubs per thirty (30) lineal foot. A six foot tall vinyl or masonry fence may be substituted for the landscape buffer, but not in from yards or front setbacks, see paragraph b. below. Landscaping must be maintained as in its original design and purpose. ii. Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential zones, or undeveloped land shown as residential uses on the Comprehensive Plan, there shall be provided along the abutting property line a yard equal in width to that required in the residential zone. The yard shall be planted with a combination of trees, low shrubs, and ground cover, and/or a suitable fence (as approved by the Community Development Director or Designee) otherwise in compliance with this ordinance of sufficient height and density to screen the two parcels. Landscaping must be maintained as in its original design and purpose. iii. High.Density Residential Uses. Where a lot in the HDR or HRD2 district adjoins a lot (not a right-of- way) in the LDR or MDR districts or unincorporated and designated as single-family on the Comprehensive Plan map, a landscaped buffer shall be provided on said property line. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) 2" caliper deciduous tree and five (5) five gallon shrubs per thirty (30) lineal foot. Landscaping must be maintained as in its original design and purpose. When a public street is located between the front lot line of the HDR zone and the single-family zone, a landscaped buffer seven (7) feet wide or as required for front yard setbacks, whichever is greater shall be constructed and maintained on the front lot line. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) 2" caliper deciduous tree and five (5) five gallon shrubs per thirty (30) lineal foot. Landscaping must be maintained as in its original design and purpose.. For Infill/Redevelopment Projects, see Section 4.16. iv. Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a site plan to the Community Development Director or Designee to be approved for design prior to obtaining a Building Permit. Parcels that are directly adjacent to the Highway 20 right-of-way must have buildings buffered with deciduous 2" caliper trees at 20 foot spacing and two 5 gallon shrubs between trees. Any building facade adjacent to the Highway 20 right-of-way meeting the requirements of the commercial design standards (including "eyes to the street" requirements) as found in Section 4.14 may reduce buffering to deciduous 2" caliper trees at 50 foot spacing and eight 5 gallon bushes between trees. Trees and bushes shall be surrounded with grass, decorative rock, bark or other as approved in the site plan review. A minimum setback of 25 feet is required from any building to the Highway 20 right-of-way or a one to one setback to height requirement whichever is greater. Landscaping must be maintained as in its original design and purpose. V. Open Storage Area. Open storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped strip at least seven (7) feet in width with plantings that hide the open storage (as approved by the Community Development Director or Designee). Open storage shall not be located within a required front yard. vi. Plant material size (minimum), at time of planting: Page 163 of 351 City of Rexburg Development Code: PED CHAPTER 9: PEDESTRIAN EMPHASIS DISTRICT (PED) DORMITORY HOUSING WITHIN A DEFINED AREA ADJACENT TO THE BYU-I CAMPUS Section 9.00. Parking requirements for dormitory housing units that are located within the Pedestrian Emphasis District (PED) (see attached boundaries or appendix of development code) may be reduced pursuant to a Conditional Use Permit (CUP) and subject to the following requirements and provisions: a. The narking ratio per student within "Areas 1 and 2" as identified on the attached exhibit map shall be reflective of a market demand as determined by the applicant or land owner. In some cases it may be reduced to as little as 60% including other parking that is required for guests and management as specified below in paragraphs i., j., and k.. b. Parking areas (parking spaces and maneuvering areas) shall not be located within the required front yard. Landscaped front yards and other required buffer yards shall be delineated from parking areas by high -back curbing that will further discourage parking in the front yard. If the building location is approved by a Conditional Use Permit with a reduction in the front yard setback up to fifteen (15) feet; then the 20% landscaping requirement may be reduced down to as little as 10% upon approval of the Community Development Director. c. Existing parking areas that are located within the required front yard shall be eliminated and restored to landscaping that includes the use of trees and shrubs. d. In order to be eligible for the reduced parking ratios as permitted herein, the resulting structure must have ten (10) dwelling units or more. However, structures with fewer than ten (10) dwelling units may apply for a conditional use permit in order to qualify for reduced parking. This ordinance is not intended nor shall apply to any structure originally constructed as a single-family or duplex residential structure. Furthermore, all underlying zoning standards shall apply, with the exception of unit density. Density limits may be removed with the PED Conditional Use Permit (CUP). e. Landscaped areas shall, through the use of trees and shrubs, deter the use of the required front yard as parking during the winter months when vehicles are not allowed to be parked overnight on City streets. f Landscaped front yards and other required buffer yards shall be delineated from parking areas by high -back curbing that will further discourage parking in the front yard. g. Each property that utilizes this parking reduction shall clearly specify on all rental contracts or agreements whether or not a vehicle parking space is provided for that individual tenant. h. Bicycle parking, shall be provided on a ratio of One (1) space per every ten (10) resident beds, as follows: L Spaces may be in an open-air environment, but shall be placed on a hard surface such as Page 227 of 351 City of Rexburg Development Code: PED concrete, asphalt, pavers, or other. ii. A hard surface, such as concrete, asphalt, pavers, or other, shall connect bicycle storage area to either the internal parking lot, or a public right-of-way. Surface shall be a minimum of 5 -feet in width or 6 -feet in width if vehicle overhang will occur. iii. Spaces shall have lighting that is motion activated. Lighting shall in no way shine on to adjacent rights-of-way or adjacent property, but shall be directed downward on to bicycle storage only. The City's lighting ordinance shall govern any other aspects not anticipated by this section. iv. Parking areas shall not be located within the required front yard setback. V. Signs shall be placed conspicuously that state that moped parking is allowed in areas of bicycle parking. Signs shall clarify that mopeds include either pedals, or have engines under 50cc. i. One vehicle parking space shall be provided for on-site management and must be the City's full- size parking space standard. j. Visitor Parking in the Pedestrian Emphasis District (PED) may be reduced to as low as 6% visitor parking stalls per number of beds. Visitor parking requirements in the PED may only be reduced through the (PED) Conditional Use Permit (CUP). k. Visitor parking shall be marked with signage that is clearly visible during all seasons of the year. These spaces shall not be included in the parking contract required to be entered into (see paragraph g. above). Visitor parking spaces shall be the City's full-size parking space standard. 1. All sidewalks located along property shall be eight -foot minimum, installed and maintained per City standards, m. By utilizing this parking reduction provision, the property owner, and future property owners agree to participate in a joint sidewalk maintenance agreement with other property located in the PED District that may be established in the future. Sidewalk maintenance shall include repairs as needed, and snow removal and deicing, as needed. n. Sidewalks shall be maintained for safe passage during all seasons of the year. In the case of snow removal and de-icing, this safe passage must be insured by 6:00 A.M. every morning and continue until 10:30 P.M. o. Property owners are encouraged to work with adjacent property owners to allow pedestrian access easements over property if a more direct route for pedestrians to BYU-I campus can be achieved. 10 q. Every dwelling unit shall have a minimum of 150 square feet of gross floor area for every person living in dwelling unit. r. Qualifying developments cannot reduce their existing parking space ratio except to proportionally Page 228 of 351 City of Rexburg Development Code: PED allow for additional on-site buildings, or for the restoration of required yard. S. Qualifying developments shall be subject to future proportional share of pedestrian and vehicle enhancements implemented to facilitate movement to and from campus or businesses. This ordinance shall take effect and be in force from and after its passage and publication as required by law. Section 9.01. Dwelling density may be increased with same Conditional Use Permit (see Section 9.00). Dwelling Unit Density for HDR, MDR and MU zones within the PED are regulated by the University, the Building Code and any requirements imposed as part of the CUP. Page 229 of 351 City of Rexburg Development Code: Sub -Division Code between major street and local street and for direct access and abutting property, may be residential, commercial or industrial. c. "Residential" - A street that provides for direct access to residential or other abutting land for local traffic movements and which connects to collector and/or arterial streets. 1. "Frontage Street" - A minor street parallel and adjacent to an arterial route and intercepts local streets and controls access to an arterial route. 2. "Cul-de-sac Street" - A short local street having one end permanently terminated in a vehicular turnaround. 3. "Minor Residential" - A minor street with both terminal points on the same street or origin. Serves no more than 50 lots on one street d. "Rural Residential Street" - A minor street that serves a rural residential subdivision that does not require curb and gutter, but may require a concrete edging strip. e. "Alley" - A public service way used to provide secondary vehicular access to properties otherwise abutting upon a street. 41. Sub -divider — A sub -divider shall be deemed to be the individual, firm, corporation, partnership, association, syndication, trust, or other legal entity having sufficient proprietary rights in the property to represent the owner that submits the required subdivision application and initiates proceeding for the subdivision of land in accordance with this ordinance. 42. Subdivision - The division of any lot, tract, or parcel of land into three (3) or more parts as it existed at the effective date of this ordinance, for the purposes of transfer of ownership or development and the dedication of a public street and the addition to, or creation of a cemetery. 43. Surveyor - Any person who is registered and certified in the State of Idaho to engage in the practice of land surveying. 44. Usable Lot Area - That portion of a lot usable for or adaptable to the normal uses made of the property, excluding any areas which may be covered by water, excessively steep, or included uncertain types of easements. 45. Utilities - Installation or facilities, underground or overhead, furnished for use by the public, including but not limited to electricity, gas, steam, communications, water, television, drainage, irrigation, sewage disposal, or flood control, whether owned and operated by any person, firm, corporation, municipal department, or board duly authorized by state or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments, or boards, as applicable herein. 46. Vicinity Map - A small scale map showing the location of a tract of land in relation to a larger area. CHAPTER 2 PROCEDURE SECTION 2.1 PREAPPLICATION Prior to the filing of an application for approval of a preliminary plat the sub -divider shall submit to the City Planning and Zoning Office the plans and data as required hereinafter for a preliminary plat; provided, however, that such plans may be generalized in content and that such submission shall not require the official filing of a subdivision application and fee. SECTION 2.2 PRE -APPLICATION REVIEW The City Planning and Zoning Office shall review said plans and data as submitted and within ten (10) working days shall advise the sub -divider in writing as to the general conformance or nonconformance with this ordinance, the City's Zoning Ordinance and/or ordinances governing the City's Area of City Impact, if the proposed subdivision is contained in the area of city impact. Such review may include official and unofficial comments on policies and guidelines followed by the Commission in the implementation of various development ordinances such as the Comprehensive Plan, Zoning Ordinances and similar plans or programs. The determination shall be made and stated by the City Planning and Zoning Office if a change to the Comprehensive plan or Zoning Plan is required for the proposed subdivision. SECTION 2.3 PRELIMINARY PLAT APPLICATION. If the sub -divider elects to proceed with the platting process, he shall file with the City Planning and Zoning Office, at least twenty-one (21) days prior to the scheduled presentation before the Commission, four (4) hard and one (1) digital copy of the completed subdivision application form as prescribed by the Commission, four (4) hard and one (1) digital 24" x 36" copy of the preliminary plat with data as required by this section. Page 260 of 351 City of Rexburg Development Code: Sub -Division Code 8. Commission Action: The final plat, prepared in accordance with the Idaho Code and provisions set forth herein, shall be submitted to the Commission. The Planning and Zoning Department shall check the Final Plat for conformity to the Preliminary Plat. In the event the Final Plat does not substantially conform to the Preliminary Plat, the sub- divider shall be required to resubmit the Final Plat or go back to the Commission for a new approval of the Preliminary Plat. Final plat submission shall include the prints as described in the application paragraph, five (5) sets of prints of the plans and specifications for all proposed improvements as required by this ordinance, and a current title report or other evidence acceptable to the City showing proof of ownership of the tract of land being platted. The final plat, when submitted to the City, shall bear all required certificates, acknowledgments, and signatures of the owner, surveyor, reviewing surveyor and others as determined by the Planning and Zoning Department. 9. Time Limitations: In the event that the development of the of the preliminary plat is made in successive continuous segments in an orderly and reasonable manner, conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of twelve (12) months may be considered for final plat approval. In the event a longer period elapses, the preliminary plat must be reviewed by the Commission. The final plat shall be filed with the County Recorder within six (6) months after approval by the Council, otherwise such approval shall become null and void unless an extension of time is applied for and granted. 10. Development Agreements: Prior to submitting the final plat the sub -divider shall work with the city engineering department to develop a preliminary Development Agreement for review along with the final plat. The Development Agreement shall be executed prior to the approval of the final plat. 11. Council Action: Upon receipt of the final plat and related documents, and all other data as required herein, the Council shall thereafter place the final plat on their next available agenda for consideration at a regular meeting held not less than thirty (30) days after the date of submittal of the completed submission. The Council, following receipt of the final plat and related documents shall consider said plat and any changes from the preliminary plat approved by the Commission. If said plat conforms to the requirements of this ordinance and the Idaho Code, the Council shall consider the approval said plat. At the time of approval and recording of the final plat, the Council shall accept the dedications shown thereon and shall, as a condition precedent to the approval of any final plat, require the sub -divider either to improve or agree to improve the streets and all other public improvements by furnishing a surety bond or satisfactory agreement, in accordance with Standard Drawings and Specifications, the approved engineering plans and as defined in the Development Agreement. The final plat shall not be signed by the city until the Development Agreement has been executed. SECTION 2.5 SHORT PLAT A Short Plat may be requested when all of the following conditions are met: 1. The proposed subdivision does not exceed five (5) buildable lots 2. No right-of-way dedication is necessary as required by City Codes and Ordinances unless otherwise approved by the City Engineer 3. Public improvements, street widening or infrastructure improvements have been approved by the City Engineer. 4. No impacts on the health, safety or general welfare of the City of Rexburg 5. The subdivision is in the best interest of the City of Rexburg The process for a Short Plat will be the same as for a Preliminary and a Final Plat as per Sections 2.3 and 2.4 of this document with the exception of application, Commission Action and Council Action. Short Plats will be Page 265 of 351