HomeMy WebLinkAboutDevelopment Code 1200 - NEW FORMAT 2018
DEVELOPMENT CODE
OF THE
CITY OF REXBURG, IDAHO
AN ORDINANCE REPLACING AND REPEALING ORDINANCE 1115 AS THE DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO, AN ALL INCLUSIVE DOCUMENT INCORPORATING ITS AMENDING ORDINANCES AS FOLLOWS;
ORDINANCE 1132 REDUCING PARKING IN MULTI-FAMILY UNITS; ORDINANCE 1154 CLARIFYING DEFINITIONS AND SETBACK AND RIGHT OF WAY EXCEPTIONS IN THE PED OVERLAY; ORDINANCE 1157 ADD DEVELOPMENT
REVIEW COMMITTEE, CONSOLIDATE MIXED USE (MU) ZONES AND AMEND DENSITIES, CONDITIONAL USES AND COMMERCIAL LIGHTING STANDARDS; ORDINANCE 1159 ALLOWING REDUCED VISITOR PARKING IN PEDESTRIAN
EMPHASIS DISTRICT (PED); ORDINANCE 1177 ALLOWING ALL ZONES TO HAVE ACCESS TO SHORT-TERM RENTALS; ORDINANCE 1181 REQUIREMENTS FOR FENCING AND SCREENING ALONG HIGHWAY 20 CORRIDOR ALSO
PURPOSE AND USE OF MIXED USE ZONE; ORDINANCE 1188 COMBINING GENERAL BUSINESS DISTRICT (GBD) AND CENTRAL BUSINESS DISTRICT (CBD) INTO CENTRAL BUSINESS DISTRICT (CBD); AND ORDINANCE 1196
AMENDING HIGH DENSITY RESIDENTIAL 2 (HDR2) DENSITY AND SETBACK AND INCLUDE PARKER ADDITION BLOCK 4 INTO THE PEDESTRIAN EMPHASIS DISTRICT (PED); AN ORDINANCE MAINTAINING A DEVELOPMENT
CODE FOR THE CITY OF REXBURG, DIVIDING THE CITY INTO DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN; REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZE OF BUILDINGS
AND OTHER STRUCTURES AND OBJECTS, MAINTAINING DESIGN STANDARDS IN THE DISTRICTS, REGULATING THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED BY STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN
SPACES, THE DENSITY OF POPULATION, LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR VIOLATION OF THE PROVISIONS
OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR EFFECTIVE DATE OF ORDINANCE.
Section I. Ordinance Number 1115 is hereby amended by Ordinance 1132, Ordinance 1154, Ordinance 1157, Ordinance 1159, Ordinance 1177, Ordinance 1181, Ordinance 1188, and Ordinance
1196.
Section II. The Development Code of the City of Rexburg, Idaho, is hereby enacted as follows:
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TABLE OF CONTENTS
CHAPTER 1: ADMINISTRATIVE PROCEDURES …………….…………………… 5
1.1 SCOPE
1.2 FACILITATORS
1.3 RECOMMENDING BODY
1.4 LAND USE ACTIONS ……………………………………………………………………… 16
1.5 ENFORCEMENT PLAN
CHAPTER 2: DEFINITIONS ………………………………………………………… 29
CHAPTER 3: ZONING DISTRICTS ………………………………………………… 49
3.1 ESTABLISHMENT OF ZONES
3.2 ZONING STANDARDS FOR ALL ZONES ………………………………………………. 51
3.3 NONCONFORMING USES IN ALL ZONES …………………………………………….. 69
3.4 PARKING STANDARDS FOR ALL ZONES …………………………………………….. 71
3.5 SIGN STANDARDS FOR ALL ZONES …………………………………………………... 83
3.6 LIGHTING STANDARDS FOR ALL ZONES …………………………………………… 95
3.7 CELL TOWERS FOR ALL ZONES ……………………………………………………… 101
CHAPTER 4: RESIDENTIAL ZONES ………………………………………………. 113
4.0 STANDARDS FOR ALL RESIDENTIAL ZONES
4.1 RURAL RESIDENTIAL 1 (RR1) ……………..…………………………………………... 119
4.2 RURAL RESIDENTIAL (RR2)
4.3 LOW DENSITY RESIDENTIAL 1 (LDR1) ………………………………………………. 127
4.4 LOW DENSITY RESIDENTIAL 2 (LDR2)
4.5 LOW DENSITY RESIDENTIAL 3 (LDR3)
4.6 MEDIUM DENSITY RESIDENTIAL 1 (MDR1) ………………………………………… 139
4.7 MEDIUM DENSITY RESIDENTIAL 2 (MDR2)
4.8 HIGH DENSITY RESIDENTIAL 1 (HDR1) ……………………………………………. 147
4.9 HIGH DENSITY RESIDENTIAL 2 (HDR2)
4.10 PLANNED UNIT DEVELOPMENT (PUD) ……………………………………………… 155
CHAPTERS 5 & 6: CONCURRENT ZONES …………………………………….…. 169
5.1 RESERVED
5.2 MIXED USE (MU)
5.3 CENTRAL BUSINESS DISTRICT (CBD)
CHAPTER 6: AGRICULTURE ZONES …………………………………………….. 187
6.0 STANDARDS FOR ALL AGRICULTURE ZONES
6.1 TRANSITIONAL AGRICULTURAL 1 (TAG1)
6.2 TRANSITIONAL AGRICULTURAL 2 (TAG2)
CHAPTER 7: COMMERCIAL ZONES …………………………………………….. 191
7.0 STANDARDS FOR ALL COMMERCIAL ZONES
7.1 RESERVED
7.2 COMMUNITY BUSINESS CENTER (CBC) ZONE
7.3 REGIONAL BUSINESS CENTER (RBC)
CHAPTER 8: HIGHWAY BUSINESS DISTRICT ZONES ………………………… 215
8.0 STANDARDS FOR ALL HIGHWAY BUSINESS ZONES
8.1 RESERVED
8.2 LIGHT INDUSTRIAL DISTRICT (LI)
8.3 HEAVY INDUSTRIAL DISTRICT (HI)
CHAPTER 9: OTHER ZONES ……………………………………………………….. 227
9.1 RESERVED
9.2 OPEN SPACE ZONE (OS)
9.3 PUBLIC FACILITIES ZONE (PF)
9.4 RESIDENTIAL BUSINESS DISTRICT (RBD)
9.5 TECHNOLOGY AND OFFICE ZONE (TOZ)
9.6 UNIVERSITY DISTRICT (UD) ……………………………………………………….. 241
9.7 PROJECT REDEVELOPMENT OPTION (PRO) ……………………………………. 247
CHAPTER 10: SUPPLEMENTARY REGULATIONS
SUPPLEMENTARY REGULATIONS APPLY BASED ON AREAS DESIGNATED WITHIN THE CITY.
10.1 INFILL/REDEVELOPMENT STANDARD …………………….………………………. 253
10.2 PEDESTRIAN EMPHASIS DISTRICT ………………………….………………….. 259
10.3 CITY IMPACT AREA …………...…………………...……………………………... 263
10.4 SEXUALLY-ORIENTED BUSINESS OVERLAY (SOB) ………………………………. 267
CHAPTER 11: SUBDIVISIONS……………………………………………......……… 271
SUBDIVISION REQUIREMENTS APPLY WHEN LAND IS SUBDIVIDED.
11.2 PROCEDURE ……………………………………………………………………………... 272
11.3 DATA REQUIREMENTS ………………………………………………………………… 278
11.4 GRID COMPLIANCE
11.5 REQUIRED IMPROVEMENTS …………………………………………………………. 283
11.6 SPECIAL DEVELOPMENTS: CONDOMINIUM, SUBDIVISION WITHIN A
FLOODPLAIN, CEMETERY SUBDIVISION, AND AREAS OF CRITICAL CONCERN 294
CHAPTER 12: MOBILE/MANUFACTURED HOMES……………………………. 301
12.2 MANUFACTURED/MOBILE HOME COMMUNITY
12.3 HEALTH & SANITATION
APPENDIX A: LAND USE MAP LINKS ……….……………………………………….……… 311
APPENDIX B: ENGINEERING STANDARDS …………………………………….………….. 313
APPENDIX C: HEMMING PROJECT REDEVELOPMENT OPTION (PRO)……………. 331
APPENDIX D: LAND USE TABLES …………………………………………….……………. 353
CHAPTER 1: SCOPE AND ADMINISTRATION
SECTION 1: SCOPE
1.01.010. Title
1.01.020. Authority
1.01.030. Purpose
1.01.040. Intent
1.01.050. Applicability
1.01.060. Previous Ordinances and Maps
1.01.070. Severability
1.01.080. Relationship to Other Laws
1.01.090. Violation and Penalties
SECTION 2: FACILITATORS
1.02.010. Economic Development Team
1.02.020. Strategic Development Team
1.02.030. Zoning Administrator
1.02.040. Development Review Committee
1.02.050. Design Review Board
SECTION 3: RECOMMENDING BODY
1.03.010. Planning and Zoning Commission
1.03.020. Duties of the Planning and Zoning Commission
1.03.030. Membership and Term of the Commission
1.03.040. Organization of the Commission
1.03.050. Meetings of the Commission
1.03.060. Conflict of Interest
SECTION 1: SCOPE
1.01.010. Title
This Ordinance shall be known and entitled as “The City of Rexburg Development Code” and may be so cited and pleaded.
1.01.020. 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.
1.01.030. Purpose & Objectives
The purpose of this Ordinance shall be to promote the health, safety, and welfare of the residents
of the City of Rexburg as follows:
To protect property rights and enhance property values.
To provide for the protection and enhancement of the local economy.
To ensure that important environmental features are protected and enhanced.
To encourage the protection of prime agricultural lands for the production of food.
To encourage concentration of population in urban areas with the goal of enhancing the quality of life for the community.
To ensure that development is commensurate with the physical characteristics of the land.
To protect life and property in areas subject to natural hazards and disasters.
To protect recreation resources.
To avoid undue water and air pollution.
To maximize the use of existing infrastructure including roads, utilities, sewers and water facilities.
To secure safety from fire and provide adequate open spaces for light and air.
To implement the comprehensive plan.
The purposes of these regulations may be achieved through the following objectives:
Harmonious development of the area.
Coordination of streets and roads within subdivisions with other existing or planned streets and roads.
Adequate open space for travel, light, air and recreation.
Conservation of or provisions for adequate transportation, water drainage, and sanitary facilities.
Avoidance of population congestion as would involve danger or injury to health, safety, or general welfare by reason of:
Lack of water supply, drainage, transportation, or other public services; or
Unnecessary imposition of an excessive expenditure of public funds for the supply of such services.
f. Establish requirements as to the extent and manner in which roads shall be created and improved; and water and sewer and other utility mains, piping connections, or other facilities
shall be installed as conditions precedent.
g. Planning and platting large areas before development.
h. Defining the powers and duties of approval authorities; including procedures for the equitable review and approval of all plats or subdivisions covered by these provisions.
1.01.040. 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.
1.01.050. 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.
1.01.060. 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.
1.01.070. 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.
1.01.080. 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.
1.01.090. Violation and Penalties
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a complaint with the Zoning Administrator.
The Zoning 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 an infraction.
Each day such violation continues beyond notice, shall be considered a separate violation.
The land owner, tenant, sub-divider, builder, public official, or any other persons who commit, participate in, assist in, or maintain such violations may each be found guilty of a separate
offense.
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.
h. Nothing herein contained shall prevent the City of Rexburg from taking such other lawful action as is necessary to prevent or remedy any violations.
i. Attorney Fees and Costs. The City may seek injunctive relief through the courts for enforcement of the provisions of this Ordinance and, in addition to the relief sought, shall also
be entitled to its attorney’s fees and costs.
1.01.100. General Procedures
Development ideas and applications will proceed through the following bodies for consideration in the City of Rexburg:
Economic Development Team
Strategic Development Team
Application to Development Review Committee
Design Review Board (If needed)
Planning & Zoning Commission
City Council
SECTION 2: FACILITATORS
1.02.010. Zoning Administrator
There is hereby created the position of City of Rexburg Zoning Administrator.
The Zoning Administrator shall be appointed by the Mayor and confirmed by the City Council.
The Mayor may appoint another officer of the City, including but not limited to the City Clerk, Zoning Administrator, Building Official, to fulfill all or part of the duties of the Zoning
Administrator.
Duties of the Zoning Administrator. The Zoning Administrator shall administer the provisions of this Ordinance, provide assistance to and guidance to the Commission and Council, and
have the following duties:
Advise interested persons of the Development Code provisions.
Notify the news media regarding matters of public interest.
Aid and assist applicants in the preparation and processing of applications.
Review. The Zoning Administrator or a designee will review all plans and applications for compliance to the Rexburg Development Code.
Assist Commission and Council. Review and assist the Commission and Council in reviewing applications for home occupations, site plans, variances, conditional use permits, rezoning
requests, subdivisions, planned unit developments and annexations.
Interpret Code. In administering this ordinance, the Zoning Administrator may make interpretations
of any part of this code, which interpretations are binding but may be appealed to the Design Review Board, the Mayor, or the Planning and Zoning Commission.
Chief Enforcement Officer. The Zoning Administrator shall serve as Chief Enforcement Officer of this Title, and carry out the enforcement authorities of The Commission under section
1.030.020.
Ordinance Violations. Investigate violations of this Ordinance and notify in writing the person responsible for such violations, ordering the action necessary to correct such violation.
Field Officers. The Zoning Administrator shall direct and administrate the efforts of any, and all, Field Service Officers assigned to the Administrator to assist him in performance
of his duties of investigations, process services, and notifications.
Authority. The Zoning Administrator shall receive and direct, all appellate matters to the appellate authority of jurisdiction including scheduling and coordinating all appeal hearings
in regards to this Title.
1.02.020. Economic Development Team
New businesses, new major developments, new developers to the City of Rexburg, and developers needing assistance with city administration and city processes may approach the Economic
Development Team for informal advice and direction. Such discussion shall be treated as advisory by both parties and a general record of the meeting shall be created.
Objective. 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.
Economic Development Director. The Economic Development Director shall work as a liaison for those developers and business owners to facilitate and educate during the permitting process.
Members. Members of the Economic Development Team shall be the Economic Developer, the Zoning Administrator, the Zoning Administrator, the City Engineer and others as requested.
It is recommended that the applicant discuss the application informally with the Economic Development Team 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.
1.02.030. Strategic Development Team
Large scale development that impacts surrounding projects, will need to be submitted to the Strategic Development Team prior to submittal of an application to the Development Review
Committee.
The purpose of the Strategic Development Team is to coordinate all entities within the City for development.
b. Members of this group include the Zoning Administrator, Economic Development Director, City Engineer, City Clerk, City Attorney, and City Mayor.
An informal review by the Strategic Development Team may be requested by submitting a Meeting Request form and any schematic development plans at least one week prior to the next scheduled
Strategic Planning Team meeting.
1.02.040. 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 with consideration to coordinate, expedite and assure fair and equitable implementation of this title.
a. Policies and Procedures
The Development Review Committee shall act as an advisory body to the Zoning Administrator for site plans when no variance or deviation is requested.
Members. The Development Review Committee shall consist of the Zoning Administrator, GIS Department Head, City Engineer, Fire Department Inspector, Building Administrator or designees.
Advisory. 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.
Denial Authority. Each department charged with development review shall have the ability and authority to require the Zoning Administrator 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.
Record. Each of the Development Review Committee Members will input their reviews and comments into the City permitting system or provide them to the Planning & Zoning Assistant following
their project review. These records shall be preserved as part of the official file for each development proposal.
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.
b. Inquiry. A person or organization considering any construction, building or site alteration, rezoning or other development activity, may approach the City Planning & Building Department
for informal advice and direction. Such discussion shall be treated as advisory by both parties and a general record of the meeting shall be created.
Pre-Application. An informal review by the City Planning & Building Department may be requested by submitting a Meeting Request form provided by these departments along with any schematic
development plans at least one week prior to the meeting.
Application. An application for consideration of a development proposal must be submitted utilizing a form available from the Zoning Administrator or designee.
Materials 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, rezone, annexation, etc.) as outlined in this title.
e. Fees. Fees for permits issues under this Ordinance and requests for amendments to this Ordinance shall be reviewed and changed by resolution of the City Council and Mayor at such
time as deemed necessary.
A fee may be assessed for any service, including but not limited to the following:
Construction inspection fee
Notice and publication costs
Office checking and field engineering
Subdivision plat filing fee
Costs for inspection, testing, and quality control are to be paid to the City by the developer at rates established by resolution of the Council.
Application. The initial formal review by an applicant or owner for a specific parcel shall be conducted with an application fee.
2nd Fee. A fee, set in accordance with the fee resolution adopted by the City Council, shall be charged for a third or subsequent formal review requested by the same applicant and/or
owner for the same real property as a prior formal review.
Re-inspection fees. A re-inspection fee may be assessed for each re-inspection when such portion of work for which inspection is called for is not completed or when corrections called
for are not made with the allotted time.
Work commencing before permit issuance. Any person who commences any work, activity or operation regulated by this code, before obtaining the necessary permits shall be subject to an
additional fee established by the applicable governing authority, which shall be in addition to the required permit fees.
Exception: An exception shall be granted for emergency repair work performed during off-business hours. Emergency repair work shall be work similar in nature to repairing frozen or
physically damaged piping in order to return a system to service.
Impact Area Fees. In the area of city impact, all administrative fees shall be established by the City and paid to the City. In the event costs are incurred by the City of Rexburg
as a result of the administration or enforcement of area of city impact matters, the City of Rexburg and County agree to share equally such expenses.
1.02.050. Design Review Board
The Design Review Board is established to review design standards, landscaping, and site plans when requested.
Authority.
Zoning Administrator Review. The Planning and Zoning Commission delegates the authority required to make a best effort, design review to the Zoning Administrator or a designee. It
is the intent that the Zoning Administrator or a designee reviews the application and all submitted plans for compliance to the Design Standards as set forth in the Rexburg Development
Code.
When the Design Requirements are not met, the applicant will be advised of the shortcoming and will be advised to either make the necessary changes for compliance or meet with the Design
Review Board.
Initiating a Meeting
Disagree with Zoning Administrator Review. If at any time, the person submitting the plans does not agree with the review performed by the Zoning Administrator or a designee, he/she
may request a hearing by the Design Review Committee.
Zoning Administrator Request. If the Zoning Administrator or 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.
Commission Request. The Planning and Zoning Commission at any time may request that a Design Review Board be called together for a certain project review or as a re-review on a project
completed by the Zoning Administrator or a designee.
Organization
The Design Review Committee is made up of three (3) pools of individuals from:
The Planning and Zoning Commission (pool of all members)
The City Council and Mayor (pool of all members)
Professional Group (group of ten)
Three (3) members of the committee should be present for project design review. The Planning and Zoning Assistant shall attempt to build a three (3) member committee by calling one
(1) member from
each pool.
If the attempt is not successful, then the group may consist of three (3) 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 Staff may act as the committee.
The Zoning Administrator shall recommend potential members from the private sector for inclusion into the Professional Group to the Mayor.
Meeting Procedures. 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. After
introductions, the meeting will proceed as follows:
The meeting is headed by the Commissioner present. If there is no Planning and Zoning Commissioner present, then the City Council member in attendance presides.
The City Plan Reviewer or designee outlines the specifics on why the current drawings do not meet the prescriptive design requirements of the Development Code.
Each section of the design requirements is reviewed by the Board.
The applicant explains how the design meets the intent of the Design Review Requirement.
The Board deliberates and comes to a conclusion on an allowed design.
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.
The written meeting reviews are sent to all parties present at the meeting on the first possible date.
After follow-up with Board on written meeting review, the review is attached and included with the Building Permit for the project.
The building plans are redrawn or redlined to identify the changes made by the Board.
All subsequent reviews are completed with the new plans.
Action. By no later than 30 working days from the date of the first regularly scheduled Development Review Committee at which the applicants’ proposal was initially reviewed, the Development
Review Committee, 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.
SECTION 3: RECOMMENDING BODY
1.03.010. Planning and Zoning Commission
There is hereby created a Planning and Zoning Commission. The Planning & Zoning Commission is referred to in this Ordinance as the Commission.
The Commission shall have the authority to consider and recommend to the Council ordinances, amendments thereto, and repeal of ordinances affecting zoning, planning, and building within
the City of Rexburg.
Hold Public Hearings. The Commission shall provide guidance and assistance to the Council, hold public
hearings as required by law, and shall grant or deny applications presented to the Commission.
Recommendations to City Council. The Commission shall make timely recommendations to the Council in all matters relating to this Ordinance in which the Council has final decision making
powers.
Any action taken by the Commission, which will be final, unless appealed, may be reviewed by the Council at their discretion, within twenty (20) days of Commission action, if the Council
believes there may be significant adverse impact as a result of Commission action.
1.03.020. Duties of the Commission
The Commission shall have the following duties, as well as such others, prescribed by law or assigned by the Council:
Comprehensive Plan. Conduct a comprehensive planning process designed to prepare, implement, review and update a Comprehensive Plan.
Biannual. Conduct a biannual review of this Ordinance and its implementation of the Comprehensive Plan.
Conditional Use Permits. Grant conditional use permits as specified in this Ordinance and make recommendations to the Council on those conditional use permits for which the Council
has final decision making powers.
Mitigating Land Use Impacts. Any change of use that creates more intense impacts may be denied if the Planning and Zoning Commission finds that such impacts cannot be mitigated by the
imposition of conditions. Land use impacts that may need to be mitigated include the following:
1. An increase in daily or peak hour traffic.
2. A change in circulation patterns on or around the property.
3. A significant increase in the demand for parking.
4. A change in the density of people on site.
5. Expansion of the hours of operation.
6. Any increased environmental impact, such as noise or air pollution; offensive odors; excessive illumination or glare, etc.
Proposed Amendments. Review all proposed amendments to this Ordinance and make recommendations to the Council. Initiate proposed amendments to this Ordinance.
Reviews. Complete site plan and design standard reviews as provided for in this Ordinance.
Rules and Regulations. The Commission is authorized by the City of Rexburg and Madison County to administer and enforce all rules and regulations pertaining to the area of the city
impact for the City of Rexburg as provided in Section 10.3 hereof.
Variances. Grant variances as authorized by this Ordinance and Idaho statutes.
1.03.030. Membership and Term of Commission
The Commission shall consist of eleven (11) members, eight (8) of whom shall reside within the city limits of Rexburg and be appointed by the Mayor and confirmed by the Council; three
(3) members to be appointed who reside within the Area of City Impact defined in City Ordinance No. 770.
The three residing in the Area of Impact shall be appointed, one by the Mayor and the other two shall be appointed by the Madison County Commissioners.
The Mayor shall ask and receive names of persons to serve on the Commission.
The length of term is three (3) years.
The terms shall be staggered.
Resident. The eight (8) members residing in the City shall have resided in Rexburg two (2) years prior to appointment and must remain a resident of the City during service on the Commission.
Vacancies. Vacancies occurring otherwise than through the expiration of terms must be filled in the same manner as the original appointment. A member appointed and fulfilling an unexpired
term shall serve the remainder of the term.
Members of the Commission may be removed for good cause by a majority vote of the full council.
Members of the Commission may receive such mileage and per diem compensation as provided by the Council.
Impact Area Enforcement. The City of Rexburg and Madison County authorize the Rexburg Planning and Zoning Commission to be the enforcing agency responsible for enforcing compliance
with the provisions of this ordinance within the Area of Impact. Enforcement policies and procedures shall be in compliance with the authorities and duties of the Zoning Administrator,
acting as Chief Enforcement Officer for the Commission.
Area of Impact Voting. In matters pertaining to the Area of City Impact, a vote of the three (3) members residing in the Area of City Impact, in the aggregate, shall have the same weight
as the vote of the remaining seven (7) members of the Commission residing in the City of Rexburg, in the aggregate.
1.03.040. Organization of the Commission
The Commission shall elect a chairman and may create and fill any other office it deems necessary.
The Commission may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out its responsibilities under this Ordinance.
The Commission may appoint non-voting ex-officio advisors as deemed necessary.
1.03.050. Public Hearing Notice
The public hearing shall be noticed as required by state statutes.
Newspaper Notice. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the amendment shall be published in the official newspaper or paper
of general circulation within the jurisdiction of Rexburg.
Mailing Notice for Map Revision. If the amendment is a map revision, additional notice shall be provided by mail to property owners or purchasers of record of land within three hundred
feet (300') of the external boundaries of land being considered.
Posting. Notice shall also be posted on the property to be rezoned not less than one (1) week prior to the hearing.
200 or More Land Owners. When notice is required to two hundred (200) or more property owners or residents, notice of the proposed change and the hearing shall be published in the official
newspaper once a week for two (2) consecutive weeks, with at least one of the publications being fifteen (15) days prior to the date set for hearing on the proposed change.
1.03.060. Conflict of Interest
A member of the Commission shall not participate in any proceeding or action when the member, his employer, business partner, business associate, or any person related to him by affinity
or consanguinity within the second degree has an economic interest in the procedure or action.
An actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered.
Such disclosure shall be recorded in the minutes.
1.03.070. Hearing Procedures
Hearing Procedures. The following shall be observed in the conduct of public hearings before the Planning and Zoning Commission and the Council:
Recorded. All public hearings shall be recorded electronically or steno-graphically and all persons testifying shall speak in such a manner to assure that the recorded testimony or
remarks will be accurate and trustworthy.
Purpose and Subject. The chairperson shall announce the purpose and subject of the hearing.
Conflict of Interest. The chairperson may ask if any members have a conflict of interest and wish to be excused from this portion of the meeting. (See 1.03.060)
Applicant Presents Proposal. The chairperson shall ask the applicant to explain the proposal being considered.
Questions. The chairperson shall entertain questions from the Commission members regarding the proposal.
Staff Report. The chairperson shall ask the Zoning Administrator or designee if there is any additional discussion needed for clarification.
Related Testimony. The presiding officer may note, prior to opening the public hearing that testimony should relate to whether the proposal before the hearing body is in accordance
with the Comprehensive Plan, the Development Code, and other standards of the City.
Time Limit. The hearing body may establish a time limit to be observed by all speakers, depending upon the number of those who wish to testify. Such a time limitation shall apply to
all speakers’ comments.
Open Public Hearing. The chairperson shall ask for statements from others in the audience.
Recognized. No person shall be permitted to speak until such person has been officially recognized by the presiding officer.
Sign-up Sheet. The Administrator may require that those who wish to testify complete a sign-up sheet with name and address prior to giving testimony.
State Name and Address. Each person testifying shall be asked to state his/her name and address in such a manner as to assure that it will be recorded by electronic means.
Questions. At the conclusion of a speaker’s comments, each member of the hearing body may address questions to the speaker. If a time limit has been set, such questions and answers
shall not be included in the time limit.
Rebuttal. When all statements have been given, the chairperson shall afford anyone who has previously given a statement to speak in rebuttal or clarify his/her earlier statement.
Close Public Hearing. After such rebuttal and clarification, the chairperson shall close the public hearing and ask for comments from the Commission members. Such discussion shall
lead to action by the Commission.
1.03.080. Meetings of the Commission
The Chair presides at all regular meetings of the Commission which may be scheduled on the first and third Thursday of each month for no less than nine (9) months in a year.
All meetings and records shall be open to the public and a record of all meetings, hearings, resolutions,
studies, findings, permits, recommendations, and actions shall be maintained by the Commission.
A quorum of the Commission shall consist of six (6) members.
The Commission 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.
Commission Action. The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied.
1.03.090. City Council
Within sixty (60) days of the public hearing, the Commission shall transmit its recommendation to the Council.
Action by Council. Upon granting, modifying, or denying a request for amendment, the Council shall specify:
The provisions of this Ordinance and the Comprehensive Plan and other standards used in evaluating the application.
The reasons for approval or denial.
The actions, if any, the applicant should take to obtain an amendment of the Ordinance.
1.03.100. Rejected Proposal
a. City Council Rejects Amendment. When the City Council rejects a Comprehensive Plan Map or a zone change recommendation from a public hearing that was held at a Planning and Zoning
Commission meeting, another public hearing shall be required to be held at the next available City Council meeting.
b. Commissioners Request Additional Hearing. During a Comprehensive Plan map or a zone change hearing, the Planning and Zoning Commission at their discretion can request an additional
public hearing be held at a future City Council meeting.
1.03.110. Appeals
The final decision of the Commission may be appealed to the Council by submitting a written appeal to the City Clerk within fifteen (15) days of the decision of the Commission. Decisions
of the Council may be appealed as provided in Idaho Code Section 67-6521.
a. Impact Area. Any affected person may appeal a final decision of the Commission relating to matters arising within the Area of City Impact.
1. Authority. The Zoning Administrator shall receive and direct appeals for the Impact Area, including scheduling and coordinating.
2. Board of Appeals. Said appeal shall be heard by a board of appeals consisting of two members appointed by the county and two members appointed by the city.
3. Time Limit. Any appeal from a decision pertaining to the Area of City Impact must be submitted by written notice to the Clerk of the Commission within fifteen (15) days of the decision
of the Commission.
SECTION 4: LAND USE ACTIONS
1.04.010. Application. The applicant shall provide the Zoning Administrator with the following information:
Name, address, and phone number of applicant.
Name, address, and phone number of owners of the property, if owner is not the applicant.
Legal description of the property
Existing and proposed use
Existing and proposed zoning district.
Vicinity Map. For map revisions, a vicinity map showing the property lines, thoroughfares, existing and proposed zoning, existing land uses.
1.04.020. Amendments to this Ordinance
The Council may, by ordinance, after receipt of recommendation from the Commission and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions,
and boundaries or classifications of property. Such amendments may include text amendments or map revisions.
Initiation of Ordinance Amendments. Amendments to this Ordinance may be initiated in one of the following ways:
Application. (See 1.04.010.) By the filing of an application by a property owner or authorized agent with the area proposed to be changed by the amendment. The applicant shall provide
the Zoning Administrator with the following additional information:
Narrative Statement. A statement on how the proposed amendment relates to the Comprehensive Plan, availability of public facilities, and compatibility with the surrounding area and
zoning.
Area of Impact. In the event an application for rezoning received by the Commission requests a rezoning of any lands that lie within one quarter (1/4) mile of any boundary of the Sugar
City Area of City Impact, the Commission shall provide the City of Sugar City written notice of the application for rezoning.
By adoption of a motion by the Commission
By adoption of a motion by the Council
b. Zoning Map Revisions. Comprehensive Plan Amendment. If the request for zoning amendment is not in accordance with the Comprehensive Plan, the Commission shall consider and the Council
may adopt or reject an amendment to the Comprehensive Plan after notice and hearings as provided in Section 67-6509, Idaho Code. (See following summary table for allowable zoning in
Comprehensive Plan areas.)
Summary Table of Appropriate Land Uses for
each Comprehensive Plan Map Designation:
(Amended 03 May, 2017 by Ordinance 1159)
Comprehensive Plan Designation
Allowable Zoning District
Commercial
TOZ
RBC
GBD
CBC
Technology and Office Zone
Regional Business Center
General Business Center
Community Business Center
Light Industrial
LI TOZ
Light Industrial Technology and Office Zone
Downtown Commercial Mixed Use
CBD
MU
Central Business District
Mixed Use
Neighborhood Commercial Mixed Use
MU
OS
CBC
CBD
TOZ
RBC
Mixed Use
Open Space
Community Business Center
Central Business District
Technology and Office Zone
Regional Business Center
Public Facilities
PF
Public Facilities Point of reference & may be included in any zone
Moderate to High Density Residential
MDR1
MDR2
HDR1 HDR2
Medium Density Residential 1
Medium Density Residential 2
High Density Residential 1
High Density Residential 2
Low to Moderate Density Residential
LDR2
LDR3 MDR1 MDR2
Low Density Residential 2
Low Density Residential 3
Medium Density Residential 1
Medium Density Residential 2
Single Family Residential
RR1
RR2 LDR1 LDR2
LDR3
Rural Residential 1
Rural Residential 2 Low Density Residential 1
Low Density Residential 2
Low Density Residential 3
Agriculture / Rural
TAG1 TAG2
OS
Transitional Agriculture 1
Transitional Agriculture 2
Open Space
Open Space
OS
Open Space
University
UD
University District
c. Commission Consideration. In evaluating requests for amendments, the Commission shall consider, in addition to conformance with the Comprehensive Plan as required by Section 67-6511,
Idaho code, the following:
The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities.
The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, parks and recreational services.
The potential for nuisances or health and safety hazards that may adversely affect adjoining properties.
Recent changes in land use on adjoining properties or in the neighborhood of the map revision.
Other Material Changes Found. Following the hearing, if a material change in the ordinance is recommended, other than that published for the present hearing, further notice and hearings
shall be provided before the Commission forwards its recommendation to the Council.
1.04.030. Conditional Use Permits
Pursuant to Idaho Code Section 67-6512, the Council and Commission may issue conditional use permits.
Application. (See 1.04.010.) A narrative statement shall discuss the general compatibility of the proposed development with adjacent properties and the neighborhood, the relationship
of the proposed use to the Comprehensive Plan, and the effects of the following on the adjoining property: noise, glare, traffic generated, vibration, odor, fumes, drainage, building
height, massing, and solid waste.
Studies. The Commission or Council may require that the applicant conduct studies of the social, economic, fiscal, and environmental effects of the proposed use.
Hearing. Prior to issuing a conditional use permit, at least one public hearing shall be held. (See 1.03.050.)
Authority of Commission to Review Conditional Use Permits. The Planning and Zoning Commission may, without approval of the Council, grant the following conditional use permits:
Conditional Use Permits:
Bed & Breakfast
Boarding houses
Churches, synagogues, and temples
Day care centers
Developments with four (4) or less dwelling units
Funeral and crematory services
Government buildings
Home occupations under Section 4.00.040.
Household goods warehousing and storage
Nursery Schools
Parks
Reduced parking space size in parking structures
All other conditional use permits may only be granted after review and recommendation by the Commission and approval by the City Council.
Standards for Approval. The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed
use will comply with the following:
Be Listed as Conditional Use. Constitute a conditional use as established in this Development Code.
Comprehensive Plan. Be in accordance with a specific or general objective of the city’s Comprehensive Plan and the regulations of this Ordinance.
Harmony with Adjacent. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located.
Nuisance. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors,
dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic.
Public Facilities and Services. The use will be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures,
refuse disposal, water and sewer service, and schools.
If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use.
Traffic. Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points.
Buffers. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking.
Slope and Soil. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazard unless suitably designed to protect lives and property.
Historic Features. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg.
Supplementary Conditions and Safeguards. In granting a conditional use permit, the approving body may
prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to:
Minimizing adverse impact on other developments.
Controlling the sequence and timing of development.
Controlling the duration of development.
Assuring the development is properly maintained.
Designating the exact location and nature of development.
Requiring the provision for on-site or off-site public facilities of services;
Requiring more restrictive standards than those generally required in this Ordinance.
Action by the Commission/Council. (See 1.03.090.)
Formal Notice. Formal notice will be sent to applicant after approval of a Conditional Use Permit.
Notice will state the conditions of the permit.
Time Limit. If conditions are violated or not met, there will be a ninety (90) day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional
Use Permit.
1.04.040. Subdivisions
Violations
No personal shall subdivide any tract or parcel of land except in compliance with the provisions of this ordinance.
No person shall purchase, sell, offer for sale or exchange any parcel of land which is part of a subdivision or proposed subdivision, nor offer for recording in the office of the County
Clerk any deed conveying such parcel of land or any fee interest therein, unless such subdivision has been created in accordance with the provisions of this ordinance.
1.04.050. Vacations
Property owner desires to have an existing subdivision, public right-of-way or easement vacated, or to dedicate a street right-of-way or easement.
Procedure. All vacations shall be done in accordance with state statutes.
Complete and file an application with the City and provide other information required by law.
Upon receipt of the completed application and other information required, the City affixes the date of application acceptance on the application.
Application is placed on the agenda for consideration at the next regular meeting of the Commission no less than thirty (30) days from application submittal.
The Commission shall establish a date for a public hearing and give such public notice as required by law.
City departments shall submit comments on the vacating application prior to the Commission meeting.
Commission. The Commission will review the request and any agency response and make a recommendation to the Council for approval, conditional approval or denial.
Council. The Council may approve or deny the application.
Dedication Approved. When a dedication is approved, any required street improvement shall be constructed or a bond furnished assuring construction, prior to acceptance of dedication,
unless other requirements or agreements have been previously approved by the Council. (See Final Plat Development Agreement in Subdivision Chapter.)
Deed. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed conveying such lands to the City.
Adjacent Property Owners. When public right-of-way lands are vacated, the Council shall provide adjacent property owners with a deed for said vacated rights-of-way in such proportions
as described by law.
Record with County. The City will record the deed with the County Recorder.
1.04.060. Variances
The Planning and Zoning Commission may authorize variances or modifications from the provisions of this Ordinance as to lot size, lot coverage, width, depth, front yard, side yard, and
rear yard setbacks, parking spaces, height of buildings, or other regulations of this Ordinance affecting the size and shape of a structure or placement of a structure upon the lot,
pursuant to Idaho Code Section 67-6516.
Application for a Variance. In addition to the information required under Section 1.01.010., the Commission may also require a narrative statement documenting that the request for a
variance conforms to the following conditions:
Conditions. To approve a variance, the Commission must find, in writing, that the application for a variance fulfills all of the following conditions:
The need for a variance results from physical limitations of the lot upon which the variance is requested, which are not generally applicable to other properties in the same zone;
Failure to approve a variance will result in undue hardship;
The fact than an owner could realize a greater financial return from his property by subdividing said property contrary to these regulations is not sufficient reason for hardship. Hardship
cannot be proved where it can be shown that property was purchased with the knowledge of existing restrictions, nor can hardship be claimed in terms of prospective sales or potential
customers.
The alleged hardship has not been created by the action of the applicant or the property owner;
Approval of the variance is not in conflict with public interest.
The waiver will neither have the effect of nullifying the intent and purpose of the Comprehensive Plan, zoning, or the Development Code.
Public Hearing. Prior to granting a variance, at least one (1) public hearing shall be held to give interested persons an opportunity to be heard. (See 1.03.050.)
Supplementary Conditions and Safeguards. In granting any appeal or variance, the Commission may prescribe appropriate conditions and safeguards.
The Commission may not grant a variance to permit a use not authorized under the terms of this
Ordinance.
Action by the Commission. (See 1.03.080.d. and 1.03.090.)
Appeals. (See 1.03.110.)
1.04.080. Building Permits Required
No person shall erect, construct, enlarge, alter, repair, move, convert, or demolish any building, sidewalk, driveway, carport, parking area or any other structure, without first obtaining
a building permit for each building, sidewalk, driveway, carport, parking area or any other structure from the City.
To apply for a permit, the applicant shall file an application with the Community Development Department.
a. Application Requirements. To provide the information necessary to determine compliance with the provisions of this Ordinance, the application shall require the following:
Name, address, and phone number of applicant.
Name, address, and phone number of owners of the property, if owner is not the applicant.
Legal description of the property.
Existing use.
Proposed use.
Zoning district.
A site plan drawn to scale showing:
the actual dimensions and the shape of the lot to be built upon;
the exact size and location of existing buildings on the lot, if any;
the exact location and dimensions of the proposed building, sidewalk, driveway, carport, parking area or any other structure or alteration;
the location, layout, and access of proposed on-site parking;
Number and dimensions of off-street parking spaces and loading berths.
the location and type of landscaping, fencing, and screening proposed on the lot;
Proposed water and sewer facilities.
Existing and proposed easements.
Proposed storm drainage for multi-family, commercial and industrial developments.
Elevations. Applications subject to site plan review shall also include detailed drawings of all elevations (front, rear and sides) in order to demonstrate compliance with Section 7
of this Ordinance and to show building heights.
Such other matters as may be necessary to determine compliance with City ordinances.
b. Permits Issuance
No building permit may be issued on a lot for the use of any land, construction, or alteration of any building or structure on a lot which would be in violation of any provision of this
ordinance.
Any license or permit issued in conflict with such provisions shall be void.
Failure to have all work inspected may result in the withholding of services or issuances of building permits.
1.4.090. Inspections
Appropriate agencies and departments shall inspect (or cause to be inspected) the improvements for compliance with approved plans and specifications and applicable codes in the course
of construction, installation, and repair. (Ex: buildings, fire hydrants, water supply, sewage, disposal systems, etc.)
The City Engineer’s office will inspect all construction of improvements that will be accepted and maintained by the City.
Work completed without adequate notification to the City Engineer’s office may not be accepted by the City unless approved inspections and testing has been completed.
The developer will be required to construct or have constructed all property improvements as required for the development of any proposed subdivision.
3. Excavations. Excavations for fire hydrants and water and sewer mains and laterals shall be covered or backfilled ONLY after such installations shall have been approved by the City.
4. Uncover. If installation is covered before being inspected and approved, it shall be uncovered after notice has been issued by the City to the responsible person.
Manufactured/Mobile Home Community Inspections. The Building Inspector is hereby authorized and directed to make inspections to determine the condition of Manufactured/Mobile Home communities
within the city, in order that they may perform their duty of safeguarding the health and safety of occupants of Manufactured/Mobile Home communities and of the general public.
1. Inspect Register. The Building Inspector shall have the power to inspect the register containing a record of all manufactured homes, mobile homes, or trailers within the communities.
2. Right of Entry for Enforcement. The Building Inspector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating
conditions relating to the enforcement of regulation set forth in this Ordinance with the owner’s permission.
3. Owner Grants Access. It shall be the duty of the owners or occupants of the community, or of the person in charge thereof, to give the Building Inspector free access to such premises
where Manufactured/Mobile Homes contained therein, upon notice to the management at reasonable times for the purpose of inspection.
4. Occupant Grants Access. It shall be the duty of every occupant, owner, or agent thereof of a community to give the city employee access to any part of such community or its premise
at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter, or with any lawful order issued pursuant to the provisions
of this chapter.
5. Violation of Inspections. Whenever any inspection reveals that conditions or practices exist which are in violation with any provision of this ordinance, or any ordinance of the
City of Rexburg, Idaho, or laws of the State of Idaho, the inspecting officer shall give notice in writing to the person in charge of such Manufactured/Mobile Home Community, and unless
such conditions or practices are corrected within a reasonable period of time, such period of time to be determined by the inspecting officer, the manufactured/mobile home shall cease
operation.
1.04.120. Certificate of Occupancy
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, enlarged, changed, converted, or
wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy has been issued by the Building Official.
The Certificate should state that the proposed use of the building or land conforms to the requirements of this Ordinance and with all conditional provisions that may have been imposed.
SECTION 5: ENFORCEMENT PLAN
1.05.010. Policy
The following program governing enforcement within the City Limits and area of City Impact is hereby adopted.
1.05.020. Purpose
The City Staff will work with Rexburg residents in an effort to make the City of Rexburg a clean, safer, and healthier place to live.
The methods used will primarily be through education in conjunction with enforcement as needed.
While serving the public, City Staff will treat the public with dignity and respect, with a positive attitude, and a collaborative spirit.
City Staff will develop processes and procedures to effectively serve the public.
City Staff will stay informed and educated on current issues with code enforcement and develop needed skills to deliver professional services.
Code enforcement will work in cooperation with a variety of other agencies and take part in community events to serve the public.
1.05.030. Objectives
Code enforcement activities will help individuals and families to improve their properties. This strategic plan will assist in helping improve safe, sanitary, living conditions and
neighborhood aesthetics. Through education and Code Officer involvement, residents will take the self-initiative to maintain their property, neighborhood, and community. With this
strategic plan, the needed intervention will take place. This plan has the base to succeed, nevertheless, it will be an evolving plan, and it can and will be modified where needed
to successfully serve the residents of the City of Rexburg.
Education. Educate property owners and renters of their responsibilities to maintain their property as it pertains to the standards set forth in City of Rexburg codes.
Enforcement. Enforce the codes in accordance with established policies and procedures. Seek compliance through education and enforcement.
Cooperation. Work with individual property owners, landlords, occupants, renters and businesses.
Minimize Negative Impacts. To maximize our service to the community, we have analyzed the most common code violations that have the most negative impact on a neighborhood. The Code
Enforcement Division will focus on the most common violations listed below.
Debris and garbage on properties
Inoperative vehicles
Weeds
Illegal Housing Units.
1.05.040. Enforcement Activities
Code enforcement activities will help individuals and families to improve their properties. Referring to The “Window Theory” as written by James Wilson and George Kelly, Sandi Bucher
stated in an article in the LA times…
“A stable neighborhood of families who care for their homes, mind each other’s children and confidently frown on unwanted intruders, can change, in a few years or even a few months into
an inhospitable and frightening jungle…A piece of property is abandoned, weeds grow up, a window is smashed… Families move out, unattached adults move in. Litter accumulates…it is
more likely that here, rather than in places where people are confident they can regulate public behavior by informal controls, drugs will change hands…and crime and decay goes on.”
“It has been proven in case studies that anywhere a community stops caring about their neighbor, their property, their children and their neighbor’s children, a broken window is bound
to show up”.
Code enforcement will help improve safe and sanitary living conditions and neighborhood aesthetics. It is anticipated through education and involvement; many residents will take self-initiative
to correct code violations on their properties.
1.05.050. Education
Education is an important and proactive component affecting code enforcement. Education empowers citizens to make decisions about their individual properties, neighborhoods, and community.
Educational opportunities will be provided to residents on code enforcement and neighborhood clean-up activities with the cooperation and support of the Zoning Administrator and Public
Information Officer. Information will be disseminated through:
Flyers, newsletters
Monthly activities in coordination with specific seasons of the year
Newspaper features on “things to know about code enforcement”
Surveys and Questionnaires
TV news stories
Web Page information
Workshops and seminars
1.05.060. Communication and Coordination
Code enforcement activities will be coordinated with the Police, Fire, Building, District Health Departments, and other entities. Coordination will include:
Animal control—number of dogs allowed per household
Building Department-dangerous buildings
Church Groups
Civic and Service Organizations
Fire Department-unsafe structures, burnt structures, home addressing and size of letters, hydrants, access issues, etc.
Health Department—safety and unsanitary conditions in or around homes or businesses, and infestations
Neighborhood Associations
Police Department-illegal activities in or around properties, graffiti, and abandoned vehicles etc.
1.05.070. Block by Block Inspection Process
Code Enforcement officers will work to achieve the goal and objectives of this plan by initiating a block-by-block inspection process. This inspection process will be a systematic sweep
of the entire area as divided into zones. There are four zones within the City of Rexburg. The zones are geographically sectioned and delineated by major traveled arteries.
Evaluation. Properties will be evaluated for the target violations of debris, inoperative and/or unlicensed vehicles, weeds, and graffiti.
Contact. This effort will give the officer the opportunity to go door-to-door reviewing thoroughly each property for code violations and whenever possible, meet with the property owners
or occupants and educate them on city codes.
1. Education materials will be distributed, communication will take place, and relationships based on trust will be built.
Complaints. Although the officer will be concentrating their efforts in one specific block area at a time, they will continue to follow up on all complaints, abandoned vehicles, and
active cases within the city.
1.05.080. Evaluation Criteria
Measuring the impact of code enforcement activities is not always precise. Some activities can be tabulated numerically, while others will come with a less tangible result.
a. The Code Enforcement Department maintains a computer tracking system allowing for activities to be recorded and tabulated.
b. It is believed by using the block-by-block inspection and the new notice system we will be able to track more closely any time we have interaction with residents directly or indirectly.
Code Enforcement will be able to evaluate the efforts from the information gathered from each inspection.
c. Other less tangible ways to evaluate the program will be:
A decline in out-migration of residents and businesses from the neighborhoods
Aesthetic improvements of structures and landscaping
Increase self-initiative by the residents to take their own actions to correct code violations
Observe the improvements of safe and sanitary living conditions
Stabilize property values
1.05.090. Notices and Procedures Used by Code Enforcement
Courtesy Notice
Correction Notice
Final Notice
Re-Occurring Violation Notice
Citation process (as needed)
Prosecution process (as needed)
Process for open and accessible vacant buildings
Dangerous building abatement process
Code enforcement money handling procedure
Voluntary community service
Recognition awards
Code Enforcement development
Coverage and statistics
1.05.100. Courtesy Notice
This is the initial step in communicating violations to residents and property owners regarding their property. This notice is a door hanger notifying the property owner or occupant
of code violations on the property. If the property owner or occupants are available, we will work directly with them to help resolve code violations. Attempts will always be made
to have face-to-face contact between the officer and the occupant prior to the notice being left on the door. Code officers can offer solutions and advise of programs which may be
available to get help if needed. The door hanger has two perforations: 1) Part of the door hanger is to be filled out by the property owner/occupant and sent back to Code Enforcement
within ten (10) days. This is to acknowledge receiving the notice and to show a plan of action to correct the problem and 2) The other portion is information for the officer to track
the case.
1.05.110. Correction Notice
This notice is mailed on the same day as the courtesy notice. The notice will be a reminder of the agreement to bring property into compliance or that a notice was posted on the door.
They will have ten (10) days to respond to the notice or correct the violation. The ten (10) days will begin from the post of the Courtesy notice.
1.05.120. Final Notice
The final notice is the last effort to get the property owners attention before further action is taken or prosecution. Ten (10) more days are given for a response or remedy.
1.05.130. Re-Occurring Violation Notice
This notice is utilized when a property owner has been notified repeatedly of code violations and the violation continually re-surfaces. With this notice, the responsible party is given
ten (10) days to comply. If property is not in compliance by the ten (10) day deadline, all other notices are forfeited and the case will go directly to the abatement, citation, or
prosecution process.
1.05.140. No Abatement Process
The Abatement Process is not used due to the fact that the city does not have the ability to store these items nor desires the liability that could accompany transporting and storage.
1.05.140. Citations
One avenue to resolve violations is to issue citations. The issuance of a citation is much more serious in nature than an abatement notice and tends to directly impact the point of
view of the violator. This gives the Enforcement Division an opportunity to resolve violation in a more direct and expeditious manner.
1.05.150. Prosecution Process
The prosecution process is used in cases where a violation consists of items that may be deemed of value, i.e. vehicles, parts of vehicles, appliances, furniture, etc. The Prosecution
Process is to be followed as a last resort after the citation process has been exhausted.
INTENTIONALLY LEFT BLANK
CHAPTER 2: DEFINITIONS
For the purpose of this Ordinance, the following words or phrases shall have the meaning respectively ascribed to them herein.
Abandonment: To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling,
maintaining, or otherwise improving a facility, or during periods of vacation or seasonal closure. Such interruptions shall not exceed twelve (12) months in duration unless otherwise
provided for in this Ordinance.
Accessory Structure: A non-occupied subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and ornamental to that
of the principal structure.
Accessory Use: A use incidental to, and on the same parcel as, a principal use.
Access Way: An unobstructed way of specified width containing a drive or roadway which provides vehicular access.
Agriculture: For land designated as agriculture use, agriculture shall be the primary use of the parcel. To determine primary use, the use of land parcel shall be clearly for tilling
of soil, horticulture, floriculture, forestry, viticulture, raising crops, raising livestock, farming, dairying, and animal husbandry, including uses customarily accessory and incidental
thereto, but excluding slaughter houses and commercial feed lots. Land shall not be defined as exclusively agricultural in use when determined to be a land development program where
subdivision of land is evident for suburban residential development lifestyle and purposes.
Alternative tower structure: Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas
or towers.
Amusement Arcades: A building or part of a building in which five (5) or more pinball machines, video games, or other similar player-oriented amusement devices are maintained.
Antenna: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals,
analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
Appeal: Appeal means a request for review of the Zoning Administrator’s interpretation of any provision of this Ordinance or a request for a variance.
Area Light: Light that produces over one-thousand, eight hundred (1,800) lumens and is designed to light an exterior space.
Articulate: To give emphasis to or distinctly identify a particular element. An articulated façade would be the emphasis of elements on the face of a wall including a change in setback,
materials, roof pitch, or height.
Automobile Wrecking Yards: (See junk yard.)
Awning: A projecting cover extending over a door, window or wall section with supports attached to the building and used as cover, protection, or as decoration. In mobile homes, this
consists of a roof with supports and not more than one wall or storage cabinet substituting for a wall.
Backhaul network: The lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone
network.
Banner: Any non-rigid material
Basement: Any area of the building having its floor sub grade below ground level on all sides, including a crawlspace.
Bed and Breakfast Inn: A structure containing guest room(s) where lodging, with or without meals, is provided on a daily rate basis, and a manager maintains a residential presence on
site or on an adjacent lot. (See 3.02.160.)
Billboard: Any sign used for the purpose of displaying, advertising, identifying or directing attention to a business, service, activity or place including products, or services sold
or offered for sale on premise other than on the premises where such sign is displayed.
Blanketing: The partial or complete shutting off of the face of one sign by another sign.
Block: The space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right-of-way, waterway, or other similar barrier,
whichever is lesser.
Board: The Madison Board of County Commissioners hereinafter referred to as the Board.
Boarding House: A building that is the primary residence of the owner (or an agent that resides in the home instead of owner) in which rooms are provided on a daily, weekly, or monthly
basis for compensation, by the owner or agent, to persons not related by blood, marriage, or adoption to the owner. (See 3.02.160.)
a. The owner or agent must be present or on-site while property is being used as a rental. An agent must be living on the premise for at least thirty (30) days prior to rental contracts
and visits.
Breezeway: A structure for the principal purpose of connecting a main building or structure on a property with other buildings.
Buffer Area: A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.
Building: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there
are no communicating doors, windows or opening, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.
Building Code: The various codes of the City which regulate construction and require building permits, electrical permits, mechanical permits, plumbing permits, and other permits to
do work regulated by Title 15 of the City Code pertaining to building and building regulation. These include the latest adopted version of the International Building Code, the International
Residential Code, the International Mechanical Code, the International Energy Conservation Code, the Idaho State Plumbing Code and the National Electrical Code.
Building, Detached: A building surrounded by open space on the same lot with permanent foundation.
Building Face, Front: Any building face, which can be touched by a line drawn perpendicular to a street (public or private)
Building Face, Public: Any building side which is visible from public or private right-of-ways and/or the faces that contain the public entry.
Building Line: The line, parallel to the street that passes through the point of the principal building nearest the front lot line. The building line measured from the drip line of
the building.
Building, Nonconforming: Any building which does not conform to the requirements of The Development Code.
Cabana: A stationary, lightweight structure which may be prefabricated or demountable, with two or more walls, used adjacently to and in conjunction with a manufactured/mobile home.
Campground: An area or tract of land on which accommodations for temporary occupancy are located or may be located, including cabins, tents, and major recreational vehicles or equipment,
and which is used primarily for recreational purposes and retains an open air or natural character.
Carport: A stationary structure consisting of a roof with its supports and not more than one wall used for sheltering a
motor vehicle.
Car Wash: An area of land and/or a structure with a machine or hand-operated facility used principally for the cleaning, washing, polishing, or waxing of motor vehicles.
Child Care Facility: (See Daycare Centers.)
City: City of Rexburg
City Clerk: The Clerk of the City
City Engineer: An Idaho registered, professional engineer designated by the City to represent the City’s engineering interests.
City Engineering Standards: Refers to the most recent City of Rexburg Engineering Standards adopted by resolution of the City Council. City Engineering Standards may include standard
drawings, standard specifications, supplemental conditions, and any additions, amendments, or addenda established by the City Engineer.
www.Rexburg.org -> Community Development -> Building and Safety -> Public Works -> Engineering Standards
City Impact Area: That unincorporated area contiguous to the Rexburg City Limits officially adopted as the “Area of Impact.”
City Staff: When the term Staff or City Staff are used in this document the persons identified as such shall be the Zoning Administrator, the Public Works Director, the City Engineer,
the Economic Development Director, the GIS Director and the City Attorney.
Commission: The Rexburg City Planning and Zoning Commission hereinafter referred to as Commission.
Common Area: That area which is held in common ownership by owners of land within the platted area.
Comprehensive Plan: The Comprehensive Plan for the City of Rexburg, or parts thereof, projecting future growth and development and for the general location and coordination of streets
and highways, schools and recreation areas, public building sites and other facilities, which shall have been duly adopted. This plan shall comply with the Idaho Code as adopted or
amended.
Conditional Approval: An affirmative action by the Commission indicating the approval is given subject to certain specified stipulations.
Conditional Use Permit: A special use permit as provided for by Idaho Section 67-6512 in which a use that, owing to some special characteristics such as traffic or noise generation,
parking needs, access, building size, lighting, consistency with developed uses in the area, or other characteristics of operation, is permitted in certain districts subject to approval
by the Planning and Zoning Commission or the City Council, subject to terms and conditions, depending upon the particular use.
Condominium: An estate consisting of an individual interest in real property, associated with an undivided interest, held in common with others, in a Common Area of real property.
Convenience Store: Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross square
floor area of less than five-thousand (5,000) square feet.
Copy: Any combination of letters or numbers that are intended to inform, direct or otherwise transmit information.
Council: The Rexburg City Council hereinafter referred to as the Council.
County Commission: The Madison County Board of Commissioners.
County Engineer: An Idaho Registered Professional Engineer or consulting Engineering firm designated by the
County Commission to represent the County’s engineering interests.
Daycare Centers A building or structure where care, protection, and supervision are provided on a regular schedule, at least three times a week for seven (7) or more children. (See Section
4.00.040 Home Occupations.)
Dedication: The setting apart of land or interest in land for use by the public. Land becomes dedicated when accepted as a public dedication either by ordinance, resolution, or entry
in the official minutes of the City or by the recording of a plat showing such dedication.
Density: The number of dwelling units per acre, excluding required public rights-of-way from acreage determination.
DEQ: The State of Idaho Division of Environmental Quality
Design Standards: Statements and graphics intended to direct the planning and development of the built environment in a particular manner or style so that the end result contributes
positively to the overall development.
Development: Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures, or the construction
of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling
operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees.
The term “development” does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works
that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. (I.C. 46-1021)
Development Master Plan: A plan for the development of a large, unusual, or complicated land area, the platting of which is expected in progressive stages. The plan may be designed by
a sub-divider, planner, or engineer and shall be subject to approval of the Commission. The plan does not fulfill the requirements of the preliminary platting process of the subdivision
chapter of this Ordinance.
Development Review Committee: Consists of the Zoning Administrator, City Engineer and Fire Inspector or their designees.
Dormitory: A building used as a group living quarters. Such group living quarters are generally associated with a college, university, boarding school, orphanage, convent, monastery,
farm labor camp, or other similar use. Dormitory housing must be sprinkled as per the building code. For determining density, the total number of residents will be divided by six (6)
for each dwelling unit counted.
Down-lighting: Fully shielded light that is directed in such a manner as to shine light rays only below the horizontal plane.
Drainage Plan: A drainage plan is required for all new construction. The plan shall be part of the required site plan and should identify drainage paths (with heights), perforated drain
pipes around footings (as required), retaining and detaining basins (if used), slope away from foundations, injection wells (if used), gutters and catch basins (if used), pipe size
and location (as applicable), and other drainage detail as needed. For all but single family home projects (including duplexes and twin homes) storm water run-off calculations are required
as per the City Engineer.
Driveway: A driveway is a vehicular ingress and egress route that serves no more than five (5) single-family dwellings, not including accessory structures.
Duplex: A residential structure separated into two (2) independent living units with a common owner and a shared yard.
Dwelling: A building or portion thereof that provides living facilities for one or more families.
Dwelling, Multi-family: A detached residential building containing three or more dwelling units, including what is
commonly known as an apartment building or condominiums.
Dwelling, Single-family: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities
for cooking and sleeping.
Dwellings, Single-family Attached: Two (2) or more dwelling units which may share a common wall. These structures are also considered to be townhouses.
Easement: A grant by the owner of a parcel of land for use by the public, corporations, or persons for a specified use purpose. These “easements” are designated on a plat.
Elderly Housing: A building or group of buildings occupied by persons 55 years or older or couples where either of the partners are 55 years or older. This does not include housing
in which the elderly may occupy the units seasonally or convalescent or nursing facilities.
Engineer: Any person who is registered and certified in the State of Idaho to engage in the practice of professional engineering.
Engineering Plans: Plans, profiles, cross-sections, and other required details for the construction of improvements, prepared by an Idaho registered professional engineer in accordance
with the approved preliminary plat and in compliance with existing standards of design and construction.
Exception, Land: Any parcel of land which is within the boundaries of the subdivision which is not a part of the subdivision.
FAA: Federal Aviation Administration.
Facade: Portions of a building that are visible from private or public roads and walkways but not including alleys.
Family: A group of one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that at least one of the following situations exist:
a. At least one of the group is related to all of the other members of the group within the third degree of kinship;
b. The group is divisible into two subgroups, each composed of at least one person who is related to all other members of the subgroup within the third degree of kinship; or
c. All such persons are handicapped persons as defined by the Idaho Code Section 67-6531 or in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act Amendments
of 1988, or any subsequent amendments to the foregoing regulations.
FCC: Federal Communications Commission.
Feedlot: Any area where one-thousand (1,000) head or more of livestock are confined for a period of one (1) year or more.
Fenestration: The arrangement of windows in a building to provide interior light; also used as decorative elements in a facade.
Fence: Any tangible barrier, lattice work, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of preventing passage or view across
the fence line. Any fence, walk screen hedge or other material serving as a fence, shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the
Rexburg City Traffic Engineer.
Final Plat Approval: Approval of the requested action as evidenced by appropriate certifications on the plat; such approval constitutes authorization to record a plat.
Fire Station: A building or portion of a building that provides, at a minimum, all weather protection for fire apparatus. Temperatures inside the building used for this purpose must
be maintained at above thirty-two (32°) degrees Fahrenheit.
Flood Light: A lamp that produces up to one thousand, eight hundred (1,800) lumens and is designed to flood a well-defined area with light.
Flood Plain: Those areas designated as Zone A or AE as shown on the current Flood Insurance Rate Map (FIRM) as prepared by National Flood Insurance Program.
a. Area of Shallow Flooding: The base flood depths range from one to three (1-3) feet; where a clearly defined channel does not exist and the path of flooding is unpredictable and
indeterminate, and velocity flow may be evident. AO characterized as sheet flow and AG indicates pounding on the FIRM map.
b. Area of Special Flood Hazard, Base Flood or 100-Year Flood: The land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given
year. Designation on maps always includes the letter A.
d. Base Flood Elevation: (BFE)" the computed elevation to which flood water is anticipated to rise during the “Base Flood.” The Base Flood Elevation (BFE) is depicted on the FIRM to
the nearest foot and in the FIS to the nearest 0.1 foot.
Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
Flood: The temporary inundation of land by overflow from a river, stream, lake, or other body of standing water. A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff or surface waters from any source.
Flood Insurance Rate Map (Firm): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable
to the community.
Flood Insurance Study: The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation
of the base flood.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1’) foot at any point.
Floodway fringe: The part of the flood plain which is beyond the flood way encroachment lines limiting a designated flood way. Such areas will include those portions of the flood plain
which will be inundated but which may be developed for use under land use regulations without material effect upon the flood water carrying capacity of the flood way and the flood water
levels. Such areas are characterized by shallow flood depths and low velocities of water flow.
Flood Protection Elevation (FPE): As defined in Idaho Code §46-1021 (7), an elevation that shall correspond to the elevation of the one percent (1%) percent chance annual flood BFE,
plus any increased flood elevation due to floodway encroachment, plus any required freeboard. The flood protection elevation for Rexburg, Idaho is equal to BFE plus one foot (1’) foot
of freeboard; the freeboard accounts for any flood elevation increases due to floodway encroachment as shown in the community’s Flood Insurance Study.
Floor Area, Gross: The sum of the areas of all floors of a building, including any area used for human occupancy in the basements and attics, as measured from the exterior faces of the
walls.
Floor, Lowest: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation
of the applicable non elevation design requirements of this Ordinance.
Foot-candle (fc): The American unit used to measure the total amount of light cast on a surface. For example, a full
moon produces 0.01 foot-candles. Foot-candles are measured with a light meter.
Footprint: The area covered by the enclosed area of the structure if perpendicular planes were extended from all portions of the structure to the ground.
Frontage: The length of any one property line of a premise, which property line abuts a legally accessible street right-of-way including streets and alleys. To constitute frontage,
the street or alley must provide access to abutting properties. For purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered
front yards and yards shall be provided as indicated under “yards” in this definition section.
Fully shielded: The luminaire and its mounting, taken as a whole, allowing no direct light above the horizontal.
Grade: For purposes of defining building height, grade shall be defined as a referenced plain representing the average of finished ground level adjoining the building at exterior walls.
Where the finished ground level slopes away from the exterior walls, the referenced plane shall be established by the lowest points within the area between the building and the lot
line or, where the lot line is more than six (6’) feet from the building, between the building and a point six (6’) feet from the building. For purposes of defining “sign height”,
grade shall be defined as the average elevation of the parcel on which the sign is located.
Grandfathered Use: Any use of a building, structure or land which does not conform to the zoning regulations where it is located, but is determined to have existed legally at the point
in time that it came into existence. This usually occurs when such a use conformed to zoning regulations when it was established, but became non-conforming due to a zoning change or
annexation. This term does not apply to basic health and safety criteria which a structure may need to meet to be current with existing occupancy standards.
A grandfathered use will cease and cannot be re-established after the use has been discontinued for a continuous period of one (1) year or in the event that the owner intended to abandon
the non-conforming use, even if the elapsed time is less than stated above.
A grandfathered right also may be lost by a significant upgrade or change in use of a facility.
If you lose a grandfather right it cannot be re-established under the City of Rexburg Development Code. In such a case, the property may only be used for the purposes specified in the
Development Code. The non-conforming use must either discontinue or be moved to a property which has the correct zone.
Group Home for the Handicapped: A dwelling shared by eight (8) or less handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term,
family-like environment. (See Idaho Code 65-6731.)
Health Department: Refers to District 7 Health Department, which is a State Agency, administered at the County level responsible for certain reviews and approvals.
Health/Recreation Facility: An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop.
Height (Building): The average vertical distance from the grade to the top of the horizontal building walls, and does not include gables or dormers. Dormers and gables are encouraged
in order to create more architectural interest to a building.
Height (of Light): The height shall be measured from grade to the lamp center or flat-lens surface, whichever is lower.
Height (Tower): When referring to a tower or like structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including
the base pad and any antenna.
Height (Sign): The distance measured vertically from the finished elevation of the ground where the sign is placed to the highest point of the sign or sign structure, whichever is higher.
Home Occupation: An accessory use of a dwelling unit or the accessory building for gainful employment which is
clearly incidental and subordinate to the use of the dwelling unit as a residence.
Hospital: An institution providing health service primarily for human in-patient medical or surgical care for sick or injured and including related facilities such as laboratories, out-patient
departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.
Hotel: A facility offering transient lodging accommodations on a daily rate to the general public. Additional services, such as restaurants, meeting rooms, and recreational facilities
may be provided.
Household Pet: Small animals including fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, canaries, parrots, parakeets, or goldfish.
Under no circumstance shall more than five (5) mammals, fowl, or reptiles be allowed at one time, except that direct offspring shall be allowed for up to three (3) months.
Illuminance: The amount of light casting on any point of a surface measured in foot-candles or lux. Measurements are taken at ground level with sensor parallel to surface.
Impervious Surface: A surface that has been compacted or covered with a layer of material, so that it is highly resistant to infiltration by water. It includes surfaces such as compacted
sand, lime, rock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.
Industry, Heavy: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing
processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
Industry, Light: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment,
packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
Infill: Construction of a building on a piece of vacant ground that is substantially surrounded by improved properties. (See “vacant properties” definition.)
Infill/Redevelopment Area: An area of the City that has been designated by the Rexburg City Council as a focus area for Infill and Redevelopment. Whenever possible, mixed-use projects,
apartments, multi-family projects, dormitories and other higher-density-residential developments should be constructed on vacant lots and underutilized properties within this focus
area. Secondary consideration should be given to infill and redevelopment within the city limits before the use of viable agriculture ground.
Interchange Sign Boundary; One-thousand, five hundred (1500’) feet radius drawn from the center of the highway interchange.
Irrigation Facilities: Includes canals, laterals, ditches, conduits, gates, wells, pumps, and allied equipment necessary for the supply, delivery, and drainage of irrigation water.
Junk: Old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, bed and bedding, rags, motor vehicles and parts thereof.
Junkyard: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials shall include but not be limited to scrap iron
and other metals, paper, rags, rubber tires, and bottles. An automobile wrecking yard is also considered a junkyard.
Kennel, Private: Any building, buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal user, kept for the purposes of show, hunting,
or as pets.
Lamp: The generic term for an artificial light source, to be distinguished from the whole assembly. Commonly referred to as “bulb”.
Landscaping: The area within the boundaries of a given lot/project that consists of planting materials, including but not limited to living trees, shrubs, ground covers, grass, flowers,
decorative rock, bark, mulch, and other similar materials. Large cobbles or river rock are not considered “decorative rock”. Landscaping must be maintained as in its original design
and purpose.
Large Scale Commercial Structures: Structures that are twenty-five-thousand (25,000) square feet in size and larger. This includes commercial retail and business office buildings.
Laundry, Self-Service: A business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises.
Lighting, Holiday: Strings of individual lamps, where the lamps are at least three inches (3”) apart.
Lighting Plan: Documents specific to a project or development that describe the location and characteristics of all exterior lighting and the light levels in and adjacent to the property.
The complete lighting unit, including the lamp, the fixture, and other parts. This also can include a photometric layout.
Lot: A piece or parcel of land separated from other pieces or parcels as shown on a recorded subdivision plat or by metes and bounds description for purposes of sale, lease, or separate
use.
“Corner Lot” A lot with frontage on two (2) or more intersecting streets where the interior angle of intersection does not exceed one-hundred-thirty-five (135°) degrees. Corner lots
have two front yards and two side yards but no rear yard.
“Interior Lot” A lot having but one (1) frontage abutting on a street.
“Double Frontage Lot” A lot abutting two (2) parallel or approximately parallel streets. Double Frontage lots have two (2) front yards and two (2) side yards.
Lot Area: The total horizontal area within the lot lines of a lot.
Lot Coverage: The area of a site covered by buildings or roofed areas and impervious surfaces.
Lot Depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear
lot line.
Lot, Flag: Lots or parcels that the City has approved with less frontage on a public street than is normally required, with no less than twenty (20’) feet of accessible frontage, generally
intended to make deeper property accessible.
Lot Line: The boundary line of a lot.
Lot Line, Front: The property line separating the front of the lot from the public right-of-way.
Lot Line, Rear: The lot line opposite the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than
ten (10’) feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be
assumed to be a line not less than ten (10’) feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.
Lot Line, Side: Any lot line not a front or rear lot line.
Lot of Record: A lot that is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Madison County, Idaho, or any parcel of land, whether or not
part of a subdivision, that has been officially recorded by a size that met the minimum dimensions for lots in the district in which it was located at the time of recording or was recorded
prior to the effective date of zoning in the area where the lot is located.
Lot, Substandard: A lot or parcel of land that has less than the minimum area or width as established by the zone in which it is located. Such a lot shall have been of record as a legally
created lot on the effective date of this ordinance.
Lot, Through: A lot that has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed
front lot lines.
Lot Width: The horizontal distance between side lot lines measured at the required front setback line. The width of a lot shall be:
If the side property lines are parallel, the shortest distance between these side lines.
If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required
for the zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
For rural acreage developments, the distance between the side lot lines, measured at the street frontage.
Manufactured Home: A single-family unit fabricated in one or more sections at a location other than the home site by assembly line or similar production techniques or by other construction
methods typical of off-site manufacturing process. The home is transportable in one (1) or more sections. Every section shall bear a label certifying that it is built in compliance
with the Federal Manufactured Home Construction and Safety Standards (HUD), June 15,1976 (42 U.S.C. Sec. 5401). A manufactured home may be designed to be towed on its own chassis or
be delivered to the site by other means.
Manufactured Housing/Mobile Home Park or Community: A parcel of land under single ownership that has been planned and improved for the placement of manufactured homes. The land has been
divided into one or more manufactured home lots for rent or sale.
Mobile Home: A structure transportable in one (1) or more sections which is eight (8’) feet or more in width and is thirty-two (32’) feet or more in length and which is built on a permanent
chassis and designed to be used as a year-round residential dwelling with or without a permanent foundation when connected to the required utilities and includes plumbing, heating,
air conditioning, and electrical systems.
Mobile Home, Rehabilitated: A factory-assembled structure constructed prior to June 15, 1976, or brought into the state after July 1, 1998, which have been upgraded to comply with Title
44 Chapter 25 of the Idaho Statutes and received a “Certificate of Compliance” from the Division of Building Safety of the State of Idaho.
Mobile Home Subdivision: A subdivision designed and intended for residential use where residence is in mobile homes exclusively.
Motel: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for travelers and having automobile parking conveniently
located on the premises.
Neighborhood Plan: A plan to guide the platting of remaining vacant parcels in a new or partially-built-up neighborhood so as to make reasonable use of all land, correlate street patterns,
and achieve the best possible land use relationships.
New Construction: structures for which the "start of construction” commenced on or after the effective date of this ordinance.
Nonconforming Building: Any building which does not meet the limitations of building size or location on a lot for the district in which the building is located and was built prior to
the effective date of this ordinance.
Nonconforming Lot: An existing lot, the area, width, size, or other characteristic of which, fails to meet the requirements of the district in which it is located and which was conforming
prior to the effective date of this ordinance.
Nonconforming Use: A use not conforming to the provisions of this ordinance but which was lawfully existing at the time of adoption of this ordinance.
Nursery Schools: A building or structure where care, protection, and supervision are provided on a regular schedule, at least three times a week for six (6) or fewer children. (See Section
4.00.040 Home Occupations.)
Office: A building or portion of building wherein services are performed involving predominantly administrative, professional, or clerical operations.
Open Space Land: Any developed or predominately undeveloped land which has been set aside for the following:
a. Park and recreation purposes;
b. Conservation of land and other natural resources;
c. Historic or scenic purposes.
d. Floodways or floodplains
Outdoor storage: The keeping, in an unroofed area, of any goods, junk material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.
Owner: The person or persons, corporation, or legal entity holding title by deed to land or holding title as vendees under land contract, or holding any other ownership interest.
Parcel: A continuous quantity of land in the possession of or owned by or recorded as the property of the same 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 Section 3.4 Parking Regulation.)
Pedestrian Emphasis District (PED): A district overlay created near the BYU-I campus that allows less parking and higher density for residential units. (See section 10.2: Pedestrian
Emphasis District.)
Pedestrian Oriented Development: Development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and buildings/structures rather than an
auto access. The building structures are generally located close to the public or private right-of-way and the main entrance(s) are oriented to the street sidewalk. There are generally
windows or display cases along building facades. Although parking is provided, it is generally limited in size and location.
Pedestrian Walkway: A surfaced walkway, separate from the traveled portion of a public or private right-of-way parking lot/driving aisle.
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.
Percent of elevation: is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows.
Permanent Construction: The pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation. This does not include land
preparation, installation of streets and/or walkways, excavation, setting of temporary forms, or installation on the property of accessory buildings, such as garages or shed not occupied
as dwelling units or not part of the main structure.
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.
“Preliminary Plat” - A preliminary map, including supporting data, indicating a proposed subdivision
development, prepared in accordance with this ordinance and the Idaho Code.
“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.
“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.
“Short Plat” – A platting process for small subdivision, five (5) lots or less, that allows for a shortened, quicker process for subdividing land that is approved by City staff only.
The Zoning Administrator and the City Engineer can consider other simple plats on a case-by-case basis.
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.
Pre-existing Towers and Pre-existing Antennas: Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this ordinance,
including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Principal Building: A structure, where the context so indicates, or 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.
Projections, Building: Structures that extend outward from the face of a building.
Public Land Survey Corner: Any land survey corner 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 a private person from the United States government.
Public Works Director: the person appointed by the Council to oversee all public work functions for the city.
Ramada: A stationary structure having a roof extending over a manufactured/mobile home, which may also extend over a patio or parking space for a motor vehicle, and is used principally
for protection from the elements.
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.
A vehicle that is:
Built on a single chassis,
Four-hundred (400) square feet or less when measured at the largest horizontal projection,
Designed to be self-propelled or permanently towed by a light duty truck, and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
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 “Spite Strip”): 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 Public/Private: A parcel of land dedicated or reserved for use as a public way, which normally includes streets, sidewalks, utilities or other service functions. OR any
public or private road, or access easement intended to provide public access to any lot/development which normally includes streets, sidewalks, utilities or other service functions,
but excluding any service road or internal driving aisles (i.e., within parking lots).
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 (DEQ) 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, horn, 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 Storage 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 Building: A structure containing lavatories, water closets, showers and/or bathtubs, and laundry facilities for the use of manufactured/mobile home community occupants.
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 (2’) 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.
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Shopping Centers: A grouping of three (3) or more retail businesses or service uses on a single site of more than five (5) acres but less than ten (10) acres with common parking facilities.
Short Term Rental: Any rental of a dwelling unit that is for a time period less than thirty (30) days. Requires that there will be an owner, manager or owner’s agent available in
Madison County, Idaho. (See also Bed and Breakfast and Boarding House as categories of short term rentals.) (See 3.02.160.)
Sign, Animated: A sign, any visible part of which moves, flashes, or changes color, regardless of the source of energy which causes the movement, flash, or change of color.
Sign, Architectural Blade: A roof sign or projecting sign with no legs or braces which is an integral part of the building structure, rather than an object added to or standing on the
building.
Sign, Background Area: The area comprising the message portion of a sign, not including the supporting structure.
Sign, Blade: A blade sign is a type of sign mounted on a building overhang for the purpose of pedestrian traffic.
Sign, Canopy: A sign which is attached parallel to the faces of a canopy or marquee.
Sign, Changeable Copy Panel (Readerboard): A sign display, which is characterized by copy or illustration and may be modified at periodic intervals, regardless of method.
Sign, Construction: Any sign which warns people of construction or demolition for a project or which describes the project, builder, architect or others involved in the project.
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Under Canopy Sign
Marquee Sign
Wall Sign
Sign, Directional: Any sign which serves to designate the location or direction of any place or area.
Sign, Direct Lighted: Light for a sign which is visible to a viewer.
Sign, Flood Lit Lighting: Lighting which is reflected from the surface of a sign or building.
Signs, Free standing, Detached or Ground: A sign which is wholly supported by columns or other vertical supports in or upon the ground (not part of the building structure). A sign
connected to a pole.
Sign, Illuminated: A sign which uses a source of light for illumination.
Sign, Indirect or Internal Lighting: Lighting for which the source of light is located in such a manner that the light must travel through a translucent material other than the bulb
or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the viewer.
Sign, Off-Premise: Any sign used for the purpose of displaying, advertising, identifying or directing attention to a business, service, activity or place including products or services
sold or offered for sale on premise other than on the premises where such sign is displayed.
Sign, Portable: a sign that is not affixed to the ground or another structure.
Sign, Projecting: A sign that projects from and is supported by a wall of a building or other structure.
If a sign is connected to a wall, it counts as part of wall signage
If a sign is connected to a pole, it counts as part of free-standing signage
Sign, Public Service Information: A sign which provides general public service information such as time, date, temperature, weather, directional information and messages of interest
to the traveling public, and which are commonly used to augment business identification signs.
Sign, Real Estate or Property for Sale, Rent or Lease; Any sign pertaining to the sale, lease, or rental of land or buildings.
Sign, Super Graphics: Any abstract mosaic, mural, painting, or graphic art technique or any combination thereof.
Sign, Swinging: A sign which is installed on an arm or spar and is not permanently fastened to an adjacent wall or upright pole.
Sign, Temporary; A sign which is intended to be displayed for no more than thirty (30) days consecutively and is not permanently affixed.
Sign, Under Canopy or Marquee: A sign suspended below the ceiling or roof of a canopy or marquee.
Sign, Wall: A sign connected to the wall of a building.
Sight Triangle: The triangle of land formed on any corner lot by drawing a line between points on the lot lines which are thirty (30’) feet from the intersection of such lot lines shall
be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten feet (10’) above the centerline grades of the intersection streets. Shrubs, fences, and walls shall not
be higher than three (3’) feet above the centerline grades of the intersecting streets. The purpose of the sight triangle is to insure visibility and safety in the zones which require
buildings to be set back from the property line.
VISUAL DEFINITION OF A SIGHT TRIANGLE
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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 parcel of land.
Stand: the area reserved for the placement of a manufactured/mobile home.
Standard Drawings and Specifications: Standard drawings and specifications are defined as the Rexburg Engineering Department Standards Specifications and Drawings as adopted by the City
of Rexburg.
Start of Construction: Includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, placement
or other improvement was within one-hundred-eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site
or the placement of a manufactured home on a permanent foundation.
Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, the space between such floor
and the ceiling above it. A basement shall be counted as a story if its ceiling is over six (6’) feet above the average level of the finished ground surface adjoining the exterior
walls of such story, or if it is used for business or dwelling purposes.
Street: A public or private thoroughfare used, or intended to be used for passage or travel by motor vehicles. Driveways are not included. Streets are further classified by the functions
they perform.
Alley: A public service way used to provide secondary vehicular access to properties otherwise abutting upon a street.
Arterials: Roads conveying traffic from between major activity centers within the community and traffic through the City. Efficient movement is the primary function of arterial roads.
Private and front access should be controlled and limited to high volume generators of vehicle trips.
Collectors: Streets that conduct and distribute traffic between other residential streets of lower-order and higher-order streets or major activity centers. This is the highest-order
of a street appropriate to a residential neighborhood and residential frontage along it should be prohibited or severely restricted.
Cul-de-sac: A short local street having one end permanently terminated in a vehicular turnaround with a length of no greater than six-hundred (600’) feet.
Frontage: A minor street parallel and adjacent to an arterial route and intercepts local streets and controls access to an arterial route.
Minor Residential: A minor street with both terminal points on the same street or origin that serves no more than fifty (50) single-family lots on one (1) street.
Residential access streets or local streets: A street with the sole purpose of providing frontage for service and access to private lots. These streets carry only traffic having either
destination or origin on the street itself. The elimination of through traffic and the geometric design of the street are means to promote safety and to create a desirable residential
neighborhood.
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.
Structure: A walled and roofed building including a gas or liquid storage tank that is principally above ground.
Sub-divider: An 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 applicable regulations.
Subdivision: The division of any lot, tract, or parcel of land into three (3) or more parts, 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.
Substantial Commercial Cluster: A group of commercial businesses that include a grocery store, restaurant, and bank as a minimum, along with other various retail and services. The
buildings that comprise the cluster shall be within a three (3) block area.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50%) percent
of its market value before the damage occurred.
Substantial Improvement: Occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the
structure either:
Before the improvement or repair is started, or
If the structure has been damaged and is being restored before the damage occurred.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure saving living conditions,
or
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Surveyor: Any person who is registered and certified in the State of Idaho to engage in the practice of land surveying.
Temporary Use: A prospective use, intended for a limited duration, generally six (6) months or less, to be located in a zoning district not permitting such use and not continuing such
use or building.
Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including
self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone
towers, alternative tower structures, and the like. The term includes the structure and any support thereto. This term excludes those used exclusively for dispatch communications.
Town Homes: Town Homes must have the first floor two (2’) feet above grade when adjacent to right-of-way.
Truck Terminal: Land buildings used as a relay station for the transfer of a load from one (1) vehicle to another or one (1) party to another. The terminal cannot be used for permanent
or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks
associated with the terminal.
Twin Home: A twin home differs from a duplex by having two (2) dwellings that each own the property that they are built on and each dwelling owns their own yard.
Unsuitable Land: Land which the Commission determines to be unsuitable for subdivision because of periodic flooding, poor drainage, excessively steep slopes or other features likely
to be harmful to the safety and general health and welfare of the future residents. Unsuitable land shall not be subdivided unless adequate methods are utilized to overcome these conditions.
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
in certain types of easements.
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.
Utility Yard: Any electrical, gas, steam, communications, water, television, drainage, irrigation, sewage disposal or flood control yard that has equipment exposed. Yards are required
to be screened. If equipment is underground, in a vault or above ground in a building it need not be screened.
Vacant properties: Vacant properties for this purpose are defined as those that have been vacant for over a substantial number of years or those that have had buildings or improvements
removed and have been vacant for a substantial number of years.
Variance: A modification of the requirements of this Ordinance for lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings,
or other ordinance provisions affecting the size or shape of a structure, the placement of the structure upon lots, or the size of the lot. A variance does not include a change of
land use. (See Idaho Section 67-6516.)
Vicinity Map: A small scale map showing the location of a tract of land in relation to a larger area.
Warehousing and Distribution: A use engaged in storage, wholesale, and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are
inflammable or explosive or that create hazardous or commonly recognized offensive conditions.
Yard: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such uses as provided by this Development
Code. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the line of the main building unless otherwise
noted in the Development Code.
Front: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth.
Rear: A yard extending the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear
line of the lot.
Side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. Side yard width shall be measured at right
angles to the side lines of the lot.
Zone: A portion of the territory of the City, exclusive of streets, alley, and other public ways, within which certain uses of land, premises, and buildings are not permitted and with
which certain yards and open spaces are required and certain heights are established for buildings.
CHAPTER 3: ZONES
Establishment of Zones
Determination of District Boundaries
Lots Divided by District Boundaries
Rural Residential 1 (RR1)
4.2 Rural Residential 1 (RR2)
4.3 Low Density Residential 1 (LDR1)
4.4 Low Density Residential 2 (LDR2)
4.5 Low Density Residential 3 (LDR3)
4.6 Medium Density Residential 1 (MDR1)
4.7 Medium Density Residential 2 (MDR2)
4.8 High Density Residential 1 (HDR1)
4.9 High Density Residential 2 (HDR2)
5.1 Reserved
5.2 Mixed Use (MU)
5.3 Central Business District (CBD)
6.1 Transitional Agricultural 1 (TAG1)
SECTION 3.1: ESTABLISHMENT OF ZONES
3.01.010 Zoning Map
The boundaries and zoning classifications of districts are shown on the map entitled “Rexburg Zoning Map,” which map and all information shown thereon may from time to time be modified,
and are by reference thereto made a part of this Ordinance.
3.01.020 Zoning Districts
The City may be divided into the following zoning districts, the boundaries and extent of which shall be shown on the official Rexburg Zoning Map by the City of Rexburg Staff:
Residential Zones
Rural Residential 1 (RR1)
Rural Residential 2 (RR2)
Low Density Residential 1 (LDR1)
Low Density Residential 2 (LDR2)
Low Density Residential 3 (LDR3)
Medium Density Residential 1 (MDR1)
Medium Density Residential 2 (MDR2)
High Density Residential 1 (HDR1)
High Density Residential 2 (HDR2)
Concurrent Zones
(j) Mixed Use (MU)
(k) Central Business District (CBD)
(l) Transitional Agricultural 1 (TAG1)
(m) Transitional Agricultural 2 (TAG2)Commercial District Zones
(n) Community Business Center (CBC)
(o) Regional Business Center (RBC)
Highway Business District Zones
(p) Light Industrial District (LI)
(q) Heavy Industrial District (HI)
Other Zones
(r) Open Space (OS)
(s) Public Facilities Zone (PF)
(t) Residential Business District (RBD)
(u) Technology and Office Zone (TOZ)
(v) University District (UD)
(w) Project Redevelopment Option (PRO)
INTENTIONALLY LEFT BLANK
SECTION 3.2: ZONING STANDARDS
3.02.010. Applicability
3.02.020. Sale of Lots Below Minimum Space Requirements
3.02.030. Yard Space for one Principal Building
3.02.040. Access to Public Street Required
3.02.050. Clear View of Intersecting Streets; Sight Triangle
3.02.060. Distance Between Buildings
3.02.070. Accessory Buildings
3.02.080. Setback
3.02.090. Exception to Setback Requirements
3.02.100. Screening Requirements
3.02.110. Fencing Requirements
3.02.120. Trash Storage
3.02.130. Project Plan Approval
3.02.140. Addressing
3.02.150. Dormitory
3.02.160. Rentals
3.02.170. Sidewalks
3.02.180. Floodplain Development
3.02.190. Fire Standards
3.02.200. Code Standards
3.02.010. Applicability
The regulations of this chapter qualify or supplement the regulation within zones appearing elsewhere in this Ordinance.
3.02.020. Sale of Lots Below Minimum Space Requirements
a. A parcel of land which has less than the minimum width or area requirements for the zone in which it is located shall not be separated from a larger parcel of land for the purpose
of immediate or future building or development as a lot, easement, or for the purpose of sale, unless easements are provided and reviewed by the Zoning Administrator and the City Attorney.
If an existing lot or parcel is substandard in size by the current zoning ordinance, a portion of that lot or parcel may not be sold or be allowed to be used by another entity by easement.
b. Projects that contain multiple buildings that meet code compliance as one property may be divided into separate lots through a Planned Unit Development (PUD) process, a Condominium
Plat, or by providing the necessary recorded easements to address substandard lot area, lot width and setbacks.
3.02.030. Yard Space for one Principal Building
No two (2) principal buildings may claim the same, or portions of the same, lot area or width or required yard for the purposes of compliance with this Ordinance.
3.02.040. Access to Public Street Required
All principal buildings shall be served by a public street. Access to a principal building only from an alley is prohibited.
All principal buildings must have adequate access and frontage for police, fire, and emergency services.
3.02.050. Clear View of Intersecting Streets; Sight Triangle
For the purpose of insuring reasonable visibility and safety in residential zones and other zones which require buildings to be set back from the property line, the triangle of land
formed on any corner lot by drawing a line between points on the lot lines which are thirty feet (30’) from the intersection of such lot lines shall be free from any sight obscuring
structure or obstruction except as permitted below. (See sight triangle definition.)
Trees in such triangles shall be trimmed to at least seven (7’) feet above the centerline grades of the intersecting streets.
Shrubs, fences, and walls shall not be higher than three (3’) feet above the centerline grades of the intersecting streets.
Exception: Mixed Use and Central Business District.
3.02.060. Distance Between Buildings
Single-family Dwelling & Accessory Building. The distance between any accessory building and a single-family dwelling on the same lot shall not be less than six (6’) feet as specified
in the IRC building code.
Accessory Building & Commercial Building and Greater Than Single-family, Residential Dwelling. The distance between an accessory building and a commercial main building or an accessory
building and a dwelling which contains more than one single family on the same lot shall not be less than ten (10’) feet as specified in the IBC building code.
Accessory Building & Adjacent Lot in Residential. An accessory building shall be more than six (6’) feet away from any building structure on any adjacent lot lying within a residential
zone.
Dwellings on the Same Lot. The distance between buildings containing dwellings on the same lot shall not be less than ten (10’) feet.
The Building Code may require a greater distance between buildings.
Exception: Unless approved as townhomes.
3.02.070. Accessory
Accessory structures are permitted in a zone, provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure.
Permitted Accessory Uses. Such permitted accessory uses and structures include, but are not limited to the following:
Accessory building 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, shall be permitted.
Storage of materials used for construction of a building, including the contractor’s temporary office, provided that such use shall be permitted only during the construction period and
thirty (30) days thereafter.
Commercial and Other Zones Only. Equipment storage buildings and supply storage buildings.
Accessory Building Requirements. Accessory buildings shall:
Have a building footprint and height less than the main dwelling.
Comply with all lot coverage requirements in the existing zone.
Comply with the latest and most current Building Code of Rexburg, ID.
Only be used for those accessory uses allowed in the respective zone.
Location.
Front Yard. Not be placed in the front yard.
Side Yard. Meet the same side yard requirements as a principal building when the accessory building is:
(Residential) larger than two hundred (200) square feet or taller than ten (10’) feet in height.
(Commercial) larger than one-hundred-twenty (120) square feet or taller than ten (10’) feet in height.
Rear Yard. Accessory building may be placed in any location in the rear yard, unless the accessory building is a garage with doors opening into a City-owned alley. Such garages shall
be located at least fifteen (15’) feet from the alley.
6. Accessory Building Size.
Adjacent to Residential Use or Zone. If adjacent to a residential use or zone, the accessory building shall not exceed ten (10’) feet in height, nor two-hundred (200) square feet.
If not adjacent to residential use or zone. If not adjacent to a residential use or zone, larger accessory buildings shall be allowed and shall meet the standard rear yard setback for
principal buildings in the zone.
Building Permit. A building permit is required when the accessory building is larger than two-hundred (200) square feet for single-family, residential, building uses and one-hundred-twenty
(120) square feet for commercial buildings and dwellings greater than a single family.
c. Exception: University District (UD)
3.02.080. Setback Requirements
a. Transitional Development Standards. Where a lot in any business, commercial, manufacturing, industrial, or public facilities zone borders a residential zone or use, the standards
of the residential zone shall apply in regards to setbacks and building heights.
b. No drainage shall be diverted into said public right-of-way. Run-off must be contained on own lot.
3.02.090. Exception to Setback Requirement
When fifty (50%) percent or more of the lots on the same side of the street have been built, all buildings erected, established, or rebuilt shall be in conformity with the averaged setback
of such buildings.
1. Parking and maneuvering areas are not included in the calculation of this exception nor shall these areas be granted an exception to the required front yard setbacks.
b. In all zones, the area between the curb and gutter and the sidewalk is to be landscaped with trees and shrubs.
1. Landscaping shall be maintained in its original design and purpose by the adjacent property owner.
The following structures may be erected on or projected into any required setback or right-of-way:
Fences and walls in conformance with the Rexburg City Code and Ordinances.
Landscape elements including trees, shrubs, agricultural crops and other plants.
Necessary appurtenances for utility.
e. Permitted projections with conditions. The structures listed below may project into a minimum front or rear yard not more than four (4’) feet, and into a minimum side yard not more
than two (2’) feet.
Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
2. Stairways, balconies, door stoops, fire escapes, fireplaces, bays, awnings and planter boxes or other similar structures.
a) Provided they do not exceed thirty (30”) inches in height from the natural grade.
b) Provided they are not wider than eight (8’) feet and are generally parallel to the wall of which they are a part.
4. Side or Rear Yard. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than one (1) story in height and twenty-four (24’) feet in length
and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
3.02.100. Screening Requirements
The following are minimum standards. Additional landscaping elements may be allowed as per review by the Zoning Administrator or Designee. Screening and fences within the City shall
be constructed and maintained in conformance with the following standards:
Landscaping. Plant material size (minimum), at time of planting:
Deciduous trees- Two (2”) inch caliper around the trunk of the tree
Evergreen trees- Seven (7’) feet in height from root collar to top of tree crown
Shrubs- Five (5) gallon containers
Buffers shall consist of a minimum five (5’) feet wide landscape strip to be planted with ground cover, one (1) deciduous tree and five (5) shrubs, per thirty (30’) lineal feet.
Landscaping must be maintained as in its original design and purpose.
Parking Areas. (See 3.04.040.e.)
Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential zones, or undeveloped land shown as a residential use 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 otherwise in compliance with this ordinance of sufficient height and density
to screen the two parcels, as specified by the Planning and Zoning Commission.
d. High Density Residential Uses.
Where a lot in the HDR1 or HRD2 district adjoins a lot (not a right-of-way) in the LDR or MDR zones or unincorporated and designated as single-family on the Comprehensive Plan map, a
five (5’) feet wide landscaped buffer shall be provided on said property line. (See 3.02.100.a. for tree and bush sizes.)
2. When a public street is located between the front lot line of the HDR zone and a 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 landscaping shall be planned .
Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a site plan to the Zoning Administrator or designee to be approved for design prior to obtaining
a building permit.
Landscape Buffer. Parcels directly adjacent to the Highway 20 right-of-way must have buildings buffered with deciduous two (2”) inch caliper trees at twenty (20’) feet spacing and two
(2) shrubs between trees.
Commercial Design Standards. Building facades adjacent to Highway 20 right-of-way which meet the requirements of commercial design standards (including “eyes to the street” requirements)
found in
section 7.5 may reduce buffering to deciduous two (2”) inch caliper trees at fifty (50’) feet spacing and eight (8) shrubs between trees.
Trees shall be surrounded with grass, decorative rock, bark or other as approved in the site plan review.
Setback. A minimum setback of twenty-five (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.
Infill/Redevelopment Buffering. Buffering is increased as per Section 10.1: Infill/Redevelopment Projects.
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 Zoning Administrator or Designee).
No front yard storage. Open storage shall not be located within a required front yard.
h. Utility yards. When utility yards are in zones other than Industrial or adjacent to any residential zone, or commercial zones, then screening is required.
The screening required shall consist of a seven (7’) foot tall decorative masonry wall or otherwise approved privacy fence by the Zoning Administrator that is set back from the right-of-way
seven (7’) feet and at the property line when not adjacent to the right-of-way.
Maintenance. The area between the right-of-way and the wall shall be landscaped with decorative rock and shall be kept free of weeds.
The area between the right-of-way and the wall shall be planted with one two (2”) inch caliper deciduous tree and five 5-gallon bushes every thirty (30’) feet.
Trees and bushes required by this section shall be irrigated with a water drip system.
Water tanks are not required to be screened.
Pumps and other equipment associated with water tanks will be in below-grade vaults, in buildings or shall be screened as utility yards.
3.02.110. Fencing Requirements
No wall, fence, screen, or opaque hedge or screening material shall be maintained within a required front yard, or an area which would tend to inhibit a safe sight distance of traffic
traveling upon a public street, or entering into the public street from a private driveway or alley, or pedestrian public way. (See Sight Triangle definition in Chapter 2)
Fence Types Not Permitted.
Floodplain. No fence shall be constructed in the floodway without approval of the Planning and Zoning Commission.
Barbed Wire/Electric. Barbed wire fences and electric fences shall not be erected or maintained unless approved by the Planning and Zoning Commission.
Maintenance. Fences shall be maintained in a good state of repair.
c. The height of any fence, wall, or sight-obscuring objects within fifteen (15’) feet of the right-of-way shall be a maximum of three (3’) feet in height measured from the natural grade
of the property on which it is located.
d. Fences would be allowed between three (3’) to six (6’) feet high if constructed out of rigid materials and approved by the Zoning Administrator or designee with fifty (50%) percent
or more see-through per lineal foot outside the sight triangle.
e. Rear Yard. In a rear yard, walls and fences may be between three and six feet (3’-6’). A fence may be built along the property line in a rear yard.
Dog Runs. Dog runs shall be placed in rear yards only and shall be at least ten (10’) feet from any residence.
Building Permit. Fences over seven (7’) feet in height must obtain a building permit.
Height Limit. Fences shall not be greater in height than eight (8’) feet. (Ordinance No. 802)
f. Commercial Adjacent to Residential. 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
or use, except front yards, where the height of the fence shall not exceed thirty-six (36”) inches within fifteen (15’) feet of the right-of-way.
1. 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.
g. Schools, Churches, Universities, Colleges, Hospitals, Nursing Homes, City and County. The height, location and placement of fences by the foregoing entities may be altered, subject
to prior written approval of the Zoning Administrator. However, sight triangles at any intersection must be maintained pursuant to Section 3.02.050. of this Ordinance. (See sight
triangle definition.)
h. Grade Differences. Where there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured
from the natural grade of the property upon which it is located.
i. Exceptions.
The provisions of this section shall not apply to tennis court backstops or patio enclosures as approved by the Zoning Administrator, if it is determined that such do not create a hazard
or violation of other sections of the Rexburg City Code or other City Ordinances.
Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped
by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed only after approval by the Zoning Administrator.
CBD. The Central Business District (CBD) may allow other types of fences. (See 5.03.140.)
All other exceptions must obtain Planning & Zoning Commission approval.
3.02.120. Trash Storage
Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights-of-way.
Trash shall be stored in screened areas.
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 twenty-four (24) hours prior to and subsequent to the regularly scheduled pickup for trash.
Materials and location of the screened areas shall be reviewed and approved by the Zoning Administrator or designee prior to installation.
No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within the required setback.
Screened enclosures shall be allowed in the front yard setback with the Public Works Director approval.
3.02.130. Project Plan Approval
All projects constructed in any zone must submit, prior to beginning construction:
A site plan (including a drainage and landscape plan) for review and approval by City of Rexburg Building Department.
Drainage on to an adjacent lot not owned by applicant is not allowed.
Commercial Projects. All project plans and engineering specifications in the CBC Zone must be prepared and engineered by A/E professionals. These professional engineered plans will
be submitted for review and approval from conception by the by the Development Review Committee.
3.02.140. Addressing
Multi - Family Dwelling Address.
1. When individual apartment, condominium, or town house structures within a common complex are designated with separate addresses, individual unit numbers shall be assigned so there
is no duplication of unit designations within a building.
2. Multiple Floors. The first floor shall be 100 series, second floor 200 series and so on for each successive floor. Basements shall be 10 series if the next higher floor is designated
the first floor, or basements shall be designated 100 series if the next level is called the second floor.
When apartment, condominium, or town house complexes (more than one structure) have been assigned one address, each individual building shall also be assigned a number.
Building Number. The building number shall be posted in a conspicuous location with the number being a minimum of twelve (12”) inches in height in a contrasting color to the background.
Unit or Apartment Numbers. Unit or apartment numbers shall then be assigned in the 10, 100, 200, 300, etc. series per floor as identified in paragraph a. of this section.
c. Address Markers. (See 3.05.100.c.)
3.02.150. Dormitory
Dormitory is subject to commercial design standards in Mixed Use, but in the High Density Residential and Medium Density Residential zones, the residential design standards apply.
3.02.160 Rentals
Bed and Breakfasts, Boarding Houses, and Short-Term Rentals.
Application required. On the application there will be a notice to check with the mortgage planner for said property. There will also be a notification to check with owner’s insurance
to make sure they are properly insured. Applicants will also need to make sure the Home Owner’s Association does not covenant against rentals.
A City license, Building Permit and review for Neighborhood Compatibility for Parking, Screening, Lighting and Landscaping to be approved by the Zoning Administrator or designee.
Fees. An initial One hundred ($100) dollar fee is required for Building Permit and first inspection. Further fees may be required if additional inspection are required. There will
be an annual renewal fee of twenty-five ($25) dollars. All fees are reviewed annually and may be amended by resolution.
Violations. Three (3) violations of City Ordinances will trigger revoking of Rental Registration.
3.02.170. Sidewalks
In all zones, all buildings erected, established, or rebuilt shall be required to place sidewalks at the location indicated in the current City Engineering Standards, where conditions
permit. The area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner.
3.02.180. Special Flood Hazard Development
The floodplain area is an area of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for
Madison County and its incorporated cities,” dated January 17, 1990, as amended with accompanying Flood Insurance Maps and is hereby adopted by reference and declared to be a part of
this ordinance (Ord. 1129).
Purpose and objectives.
Purposes. It is the purpose of this section is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
To protect human life and health
To minimize expenditure of public money and costly flood control projects;
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
To ensure that those who occupy the area of special flood hazard assume responsibility for their actions.
2. Objectives.
Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities.
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
Control filling, grading, dredging, and other development which may increase flood damage;
Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas.
Permit Required. A development permit shall be obtained before construction or development begins for all structures with any area of special flood hazard.
Information Required. Plans in duplicate drawn to scale shall show the nature, location, dimensions, and elevations of the are in question; existing or proposed structures, fill storage
of materials, drainage facilities, and the location of the foregoing.
Elevation in a relation to men sea level, of the lowest floor (including Basement) of all structures;
Elevation in relation to mean sea level to which any structures has been flood proofed;
Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria;
Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
Permit Review. The Building Official shall review the permit submittal for the following:
To determine the permit requirements of this Ordinance have been satisfied.
To determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required.
To determine if the proposed development is located in the floodway. If located in the floodway, to assure that the encroachment provisions are met.
Information to be Obtained and Amended. The Building Official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new or substantially improved structures, and whether or not the structure contains a basement.
Maintain the flood-proofing certifications required.
Maintain records for public inspection related to this Section (3.02.180).
Alterations of Watercourses.
Notify adjacent communities and the Idaho Department of Water Resources in Boise, Idaho, prior to any alteration or relocation of a watercourse, and submit evidence of such notification
to the Federal Insurance Administration.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
Interpretation of FIRM boundaries. The building official will make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and actual field conditions).
The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation.
When base flood elevation data has not been provided, the City Building Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data from a federal,
State or other source to administer this Section.
Applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding.
Test of Reasonableness. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available.
Failure to elevate at least two (2’) feet above grade in these zones may result in higher insurance rates.
Information for flooding shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres.
Building Requirements
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
All manufactured homes must be anchored and installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to; use of over-the-top
or frame ties to ground anchors (See FEMA’s “Manufactured Home Installation in Flood Hazard Area” guidebook for additional techniques).
2. Construction Materials and Methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
3. Utilities.
All new and replacement water supply systems shall be designed to minimized or eliminate infiltration of flood waters into the system.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltrations of flood waters into the systems and discharge from the systems into flood waters.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Residential Construction
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed
the following criteria:
A minimum of two (2) openings having a total net area of not less than one (1) square inch for every (1) square foot of enclosed area subject to flooding shall be provided.
The bottom of all opening shall be no higher than one (1’) foot above grade.
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including
basement, elevated to the level of the flood protection elevation; or together with attendant utility and sanitary facilities shall:
a) be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
c) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions
of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building Official.
d) Nonresidential structure that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described.
e) Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be rated as one (1’) foot below that level (e.g. a building constructed to
the base flood level will be rated as one (1’) foot below that level).
Manufactured Homes. All manufactured homes to be placed or substantially improved with Zones AG and AE shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with provisions of this Section.
All development (residential/nonresidential) needs to have the first floor elevated at or above the Flood Protection Elevation (FPE).
Subdivision Proposals (See 14.06.020.)
Subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
Subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage
Recreational Vehicles (Federal Code 60.3(c)(14))
1. Recreational vehicles place on sites within Zones AH and AE on the community’s FIRM are required to either:
a) Be on site for fewer than 180 consecutive days,
b) Be fully licensed and ready for highway use, or
c) The recreational vehicle must meet all the requirements for “New Construction,” including the anchoring and elevation requirements found in this section.
2. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions.
Floodways. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles, and erosion potential, the following provisions apply:
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Appeal Board & Variance Procedures for 3.02.180. see Ord. 1129.
3.02.190. Fire Standards. (Ord. 1109)
This section applies to all new buildings. The provisions of this section shall apply to existing buildings constructed prior to the adoption of this code and only if in the opinion
of the Fire Code Official, they constitute a distinct hazard to life or property.
Authority. The Fire Code Official is authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures,
rules, and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules, and regulations shall be incompliance with the intent
and purpose of this code and shall not have the effect of waiving requirements specifically provided for in this code. The Fire Chief is authorized to administer and enforce this code.
Under the Chief’s directions, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to:
The prevention of fires
The suppression or extinguishment of dangerous or hazardous fires
The storage, use and handling of hazardous materials
The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment
The maintenance and regulation of fire escapes
The maintenance of fire protection and elimination of fire hazards on land and in buildings, and other property, including those under construction
The maintenance of means of egress
Investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, for authority related to control and investigation of emergency scenes.
Records. The Fire Code Official shall keep official records. Investigations shall show the cause, the findings, and deposition of each. Such official records shall be retained as
indicated in the City of Rexburg Records Management Manual, Appendix D, September 2006.
1. Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three (3) years.
a) An additional copy of all inspection and test reports shall be sent to Madison Fire Department by the contractor or person doing the maintenance or inspection.
Permit Required. Any property owner or authorized agent who intends to conduct an operation or business or install or modify systems and equipment regulated by this code, or to cause
any such work to be done, shall first make application and obtain a permit if required by the authority having jurisdiction.
Example: Automatic fire-extinguishing system, installation of/or modification to fire alarm and detection systems and related equipment, fire pumps and related fuel tanks, jockey pumps
controllers and generators.
Exception: Maintenance. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
a) Tags. Tags for maintenance of fire suppression systems, fire extinguishers, and fire alarm systems are required to be obtained from the Community Development Department for use
in the City of Rexburg.
Expiration. Permits shall expire one year from the date of issuance unless otherwise noted on the permit.
Licensed Business or Person. All installations, modifications, required maintenance, or servicing of life-safety systems are to be performed by an approved licensed business or person(s).
Fire Alarm Contractors shall provide proof of Liability Insurance and proof of having a minimum of a NICET Level III certification for fire alarm systems design, and NICET Level 1 for
testing and start-up. (Equal to NFPA 72)
Fire Sprinkler Contractors shall provide proof of Liability Insurance and proof of having a minimum of a NICET Level III certification for fire sprinkler system design, NICET Level I
for testing.
If required by the jurisdiction having authority, service personnel providing or conducting maintenance on portable fire extinguishers, or automatic fire-extinguishing systems other
than automatic sprinkler systems, shall possess a valid certificate issued by an approved government agency or other approved organization for the type of work performed.
Construction Documents. Construction documents for proposed driveways, fire apparatus access, location of fire lanes, security gates across fire apparatus access, and construction documents
and hydraulic calculations for fire hydrant systems, shall be submitted to the fire department for review and approval prior to construction.
f. Fire Apparatus Access Roads
1. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction.
a) The fire apparatus access road shall comply with the requirements of this section and shall extend to within one-hundred-fifty (150’) feet of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
b) At least one of the required access routes meeting this condition shall be located within a minimum of fifteen (15’) feet and a maximum of forty-five (45’) feet from the building,
and shall be positioned parallel to one entire side of the building.
1) The side of the building of which the aerial fire apparatus access road is positioned shall be approved by the Fire Code Official.
c) No Obstructions. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles, the accumulation of snow, or the growing of vegetation. Minimum
clearances shall be maintained at all times.
2. Barricades. If fire apparatus access roads are secured with a barricade, chain, gate, or bollard, such barricade shall meet the following criteria:
a) Removal or opening of said barricade must result in a clear unobstructed road width of at least twenty (20’) feet.
b) Chains and locks shall not damage fire department cutting tools nor shall cutting operations result in any unnecessary time delay.
c) Bollards must be of an easily removable type, shall leave nothing protruding from the roadway surface when removed, and shall be approved by the fire code official.
d) Security gates shall have an approved means of emergency operation. The security gates and emergency operations shall be maintained operational at all times.
3. Maintenance. Access roadways shall be maintained year-round, including snow removal.
4. Dead Ends. Dead-end fire apparatus access roads in excess of one-hundred-fifty (150’) feet in length shall provide an approved area for turning around fire apparatus. See “Turning
Radius” in this section for requirements.
6. Turning Radius. The minimum inside turning radius shall be not less than thirty (30’) feet with an outside turning radius of not less than forty-five (45’) feet.
Driveways that connect with an access road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radius requirements.
g. Driveways. Driveways shall be designed and maintained to support the imposed loads of local responding fire apparatus and shall be surfaced as to provide all weather driving capabilities.
Driveways shall be constructed according to the latest version of public works construction standards.
1. Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than one-hundred-fifty (150’) feet from a fire apparatus access road.
2. Driveways shall provide a minimum unobstructed width of twelve (12’) feet and a minimum unobstructed height of thirteen (13’6”) feet, six inches.
3. Turnarounds. (See 3.02.190.f.6.) Driveways in excess of one-hundred-fifty (150’) feet shall be provided with turnarounds for fire apparatus. Driveways in excess of two-hundred
(200’) feet in length and twenty (20’) feet in width may require turnouts in addition to a turnaround.
4. Turnouts. Where line-of-sight along a driveway is obstructed by a man-made or natural feature, turnouts shall be located as may be required by the fire official to provide for safe
passage of vehicles.
a) Driveway turnouts shall be of an all-weather road surface at least ten (10’) feet wide and thirty (30’) feet long.
5. Grade. The grade for driveways shall not exceed ten (10%) percent unless approved by the fire code official.
c. Automatic Sprinkler Systems.
1. A construction permit and safety system certification permit are required for installation of or modification to an automatic fire-extinguishing system.
2. Automatic sprinkler systems where allowed in buildings of Group R, with three (3) or more dwelling units and/or up to and including four (4) stories in height shall be permitted to
be installed throughout in accordance with NFPA 13R.
d. Fire Alarm and Detection Systems and Related Equipment. A construction permit and a safety system certification permit are required for installation of/or modification to fire alarm
and detection systems and related equipment and fire pumps and related equipment.
1. Silencing Fire Alarms. It is prohibited for anyone other than fire department personnel or fire protections system contractors, while in the performance of their duties, to silence,
restore, or reset a fire alarm system without the expressed permission of the Madison Fire Department.
2. Fire Alarm Control Panels. Fire alarm control panels (FACP) shall have all zones and address points plainly and permanently labeled as to their location, on the outside of the panel
or on an easily readable map of the building affixed to the outside of the panel.
3. When fire alarm systems not required by the International Fire Code are installed, the notification devices shall meet the minimum design and installation requirements for systems
which are required by this code. No partial fire alarm and detection systems shall be allowed.
4. Annual Inspection. The annual inspection shall include inspection items identified in NFPA 72 and includes a random inspection of ten (10%) percent of the initiating devices to
ensure proper labeling of the address on the device and address verification at the FACP.
a) The access doors leading to the fire alarm control panel shall be posted with “FACP” in four (4”) inch tall letters with one-half (½”) stroke width.
b) Remote annunciators shall be installed in approved locations.
e. Fire Extinguishers.
1. Portable fire extinguishers shall be located in conspicuous locations where they will be readily accessible and immediately available for use.
2. R-2 occupancies shall have at a minimum one (1) portable fire extinguisher within the dwelling unit located near the cooking area.
3. These locations shall be along normal paths of travel, unless the Fire Code Official determines that the hazard posed indicates the need for placement away from normal paths of travel.
f. Hydrants. Fire hydrant shall not be installed closer than forty (40’) feet and/or at access points to buildings. In such areas where forty (40’) feet is an impractical distance,
the code official may allow a lesser distance.
1. Access to hydrants not adjacent to a building or structure’s fire lane must be approved by the Fire Code Official.
2. A three (3’) foot clear space shall be maintained around the circumference of fire hydrants, including snow, except as otherwise required or approved.
3. New fire hydrants shall be the Waterous® WB67-250, Mueller® A-423, or Clow® F-2545.
4. New hydrants shall be painted red and installed with a five (5”) inch Storz fitting and cap.
5. Connections. The location of fire department connections shall be within one hundred fifty (150’) feet of a hydrant, adjacent to the fire apparatus access road, installed with clappers,
and be 2 ½” NH.
6. Fire Flow Testing. Fire flow testing of hydrants shall be supervised by the Fire Code/City Official. Documentation of the hydrant testing shall be made available to the fire code
official within ten (10) working days.
g. Know Box Location. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving or fire-fighting
purposes, the fire code official is authorized to require a Know Box(es) to be installed in approved locations.
1. The Knox Box(es) shall contain keys, cards, or codes to gain necessary access and operate life safety equipment as required by the fire official.
2. All newly constructed structures subject to this section shall have the Knox Box(es) installed and containing the required keys prior to the issuance of an occupancy permit.
4. The following structures are required to have Knox Box(es):
a) Commercial, industrial, or educational structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts
access during an emergency;
b) Multi-family residential structures that have restricted access through locked doors and have a common corridor for access to the dwelling units;
c) Government structures and nursing facilities;
d) Buildings and structures with 20,000 square feet or more shall have a minimum of two (2) Knox Boxes.
h. Stairway to Roof. In buildings four (4) or more stories above grade plane, one (1) stairway shall extend to the roof has a slope steeper than four (4) units vertical in twelve (12)
units horizontal (33% slope).
i. Underground Tanks. Upon approval of the Fire Chief, underground tanks that comply with the performance standards for new or upgraded underground tanks set forth in Title 40 Section
280.20 or 280.21 of the Code of Federal Regulations may remain out of service indefinitely so long as they remain in compliance with the operation, maintenance and release detection
requirements of the federal rule.
1. Underground tanks that have been out of service for a period of one (1) year shall be removed from the ground or abandoned in place.
j. Water Service Connections. A water supply shall consist of water delivered by fire apparatus, reservoirs, pressure tanks, elevated tanks, water mains, or other sources capable of
providing the required fire flow as approved by the fire code official. No exceptions.
1. Shut-off Valve. All water service connections that are metered in a building or structure shall have a valve located outside of the building or structure for shutting off service
in the case of an emergency.
a) The valve shall be installed in an approved location at the time of construction.
b) If the water connection supplies the fire suppression system and the valve is located outside of the city right-of-way, the valve shall be installed adjacent to the fire lane.
c) The valve shall be a monitored post-indicator valve, or a similar valve that is acceptable to the Fire Code Official.
2. Pipes and fittings. All piping and fittings four (4”) inches or greater shall be ductile iron beginning at a minimum of three (3’) feet from the exterior of the building or structure
and continuing through to the appurtenances associated with the fire suppression system.
3. Private Mains. Private fire service mains and their appurtenances shall be tested in accordance to NFPA 24.
4. Standpipe Systems. All standpipe systems shall be automatic as defined and installed in accordance with this section and NFPA 14 unless approved by the Fire Code Official.
k. Wiring. Wiring shall comply with the requirements of NFPA 70 and NFPA 72.
1. Wireless Protection Systems. Wireless protection systems utilizing radio-frequency transmitting devices shall comply with the special requirements of supervision of low-power wireless
systems in NFPA 72.
3.02.200. Code Standards
Building Code. All structures shall follow the City of Rexburg adopted Building Code standards.
Engineering Standards. All roads, water supply, sewage, storm water, and streets shall comply with City of Rexburg adopted Engineering standards.
Fire Code Standards. Some fire code standards apply to streets, as far as turning radius and clearances, and driveway specifications. Some Fire Code standards apply to addressing requirements
and water supply systems. All fire alarms, fire extinguishing systems, and hydrants are regulated by the Fire Code.
Lighting Standards. All lighting shall comply with City of Rexburg adopted Lighting standards, 7.2 Commercial Lighting Standards, and Subdivision Lighting Standards. Factors such as
location of housing and commercial land uses shall direct what standards are applicable.
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SECTION 3.3: NONCONFORMING USES AND BUILDINGS IN ALL ZONES
3.03.010. Purpose
This Chapter describes the status of structures, parcels, or uses of land that were lawful prior to the effective date of this Ordinance but which are now prohibited or restricted.
3.03.020. Continuance
The occupancy of a building or parcel of land by a nonconforming use existing at the effective date of this Ordinance may be continued.
3.03.030. Change of Use
The nonconforming use of a building or land may not be changed except to a conforming use, and where such change is made, the use shall not thereafter be changed back to a nonconforming
use.
3.03.040. Maintenance and Repairs
Maintenance and repairs necessary to keep nonconforming uses in sound condition shall be permitted.
Existing parking lots or areas that are non-conforming as to design and setbacks, shall comply with current regulations as feasible when the parking lot is re-constructed. This does
not suggest that the parking lot shall increase the number of spaces, as this only occurs at the time of a change of use and as described in section 3.04:Parking section of this code.
3.03.050. Restoration
A nonconforming structure or a structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity may be restored, provided such
restoration begins within one (1) year from the date of destruction and is pursued diligently. Such restoration shall not increase the floor area or land area.
3.03.060. Discontinuance
Whenever a nonconforming use of land or building has been discontinued for a period of one (1) year, such use shall not be reestablished, and the uses of the premises thereafter shall
be in conformity with the regulations of the district.
3.03.070. Nonconforming Lots of Record Discontinuance
Single Lot. Except as noted below, any single lot or parcel of land which was of record in the Office of the Recorder of Madison County at the time of the effective date of this Ordinance
but does not meet the requirements of the zoning district in which it is located for minimum lot width and area may be utilized if all other requirements of this Ordinance are met.
b. Two or More Lots. If two or more lots or combinations of lots and portions of substandard lots with continuous frontage in single ownership are of record on the effective date of
this Ordinance, and if all or part of the lots do not meet the requirements for lot width or area of the district, the lands involved shall be considered to be an undivided parcel for
purposes of this Ordinance.
1. No portion of said parcel shall be used which does not meet lot width and area requirements established in the district nor shall any division of the parcel be made which leaves remaining
any lot with width or area below those requirements stated for the district.
c. Building Permit. Lots or parcels of land which were legally and lawfully created prior to the application of these zones shall not be denied a building permit solely for reason
of nonconformance with the parcel requirements of this Ordinance.
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SECTION 3.4: PARKING STANDARDS FOR ALL ZONES
3.04.010. Purpose & Objectives
3.04.020. Building Permits Required
3.04.030. Proximity of Parking
3.04.040. Parking Areas
3.04.050. Location of Residential Parking Spaces
3.04.060. Parking Surface
3.04.070. Driveways and Drive Aisles
3.04.080. Loading and Unloading areas
3.04.090. Parking Rules
3.04.100. Table 3: Number of parking spaces required
3.04.110. Joint Uses of Required Parking Spaces
3.04.120. Parking Plan for Reduced Parking
3.04.130. Other Reduced Parking
3.04.140. Nonconforming Parking Areas
3.04.010. Purpose and Objectives
Site Design and Relationship to the Surrounding Community. Parking areas should provide safe, convenient, and efficient access for vehicles and pedestrians. They should be distributed
around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer
to streets, the scale of the complex is reduced, pedestrian traffic is encouraged, and architectural details take on added importance.
Parking Regulations. Parking regulations protect and enhance property value, retain the open character of a residential zone, and protect health and safety by regulating the parking
of vehicles within residential neighborhoods of the City.
3.04.020. Building Permits Required
When a building is constructed, erected or enlarged, or remodeled, or when the use of a building or structure is changed, or the capacity of the building or structure increased, and
the change creates a fifteen (15%) percent increase in parking required in this chapter, off-street parking and loading spaces are required.
1. Parking Plan. (See 3.04.120.) A parking plan shall be submitted to and approved by the City Engineer.
All new parking lot construction or changes in parking lots require a building permit.
No person shall erect, construct, enlarge, alter, repair, move, convert, or demolish any building, sidewalk, driveway, carport, parking area or any other structure, without first
obtaining a building permit for each building, sidewalk, driveway, carport, parking area or any other structure from the City.
3.04.030. Proximity of Parking
Off-Street Parking. Off-street parking shall be located within two hundred (200’) feet of the primary entrance of the building. This distance shall be measured from along an accessible
route that a pedestrian would use.
1. CUP. The Planning & Zoning Commission may allow a greater distance with a Conditional Use
Permit (CUP).
2. Exception: This does not apply in CBD, MU zones.
3.04.040. Parking Areas
Street Access. No access point from a parking area to any street shall be within twenty (20’) feet of a local street intersection or alley. No access point shall be within forty (40’)
feet of an intersection with a collector street, and within sixty (60’) feet of an intersection with an arterial street.
Front Yard Parking. (See 7.00.080.)
Parking spaces and maneuvering areas shall not be provided within a required front yard. Front yards shall be dedicated to landscaping.
Exceptions:
RBD. Except in RBD, where an existing conforming driveway access has been provided.
CBC. Parking spaces may be located in a front yard adjacent to a public street in a CBC zone if a minimum ten (10’) feet wide landscape buffer is provided, except ingress/egress points.
Commercial Zones (excluding mixed-use zones) driveways may encroach into the setback up to ten (10’) feet from right-of-way. Such yards shall be dedicated to landscaping.
Sight triangle or Exits. No parking spaces shall be located in the clear sight triangle or immediately adjacent to an exit to a public right-of-way.
Right-of-Way.
No parking areas shall be designed to require the use of the public right-of- way to travel from one portion of the lot to another.
No parking area shall be designed or constructed to create a situation in which vehicles back into the public right-of-way.
Exception: Single-family homes, twin homes and duplexes.
3. Townhomes or row houses shall be designed to provide rear loading driveways and garages, rather than utilizing the front yard (unless approved by the Zoning Administrator) or provide
a parking lot that meets all applicable standards for the underlying zoning.
Screening. Parking must be screened from public or private right-of-way and other residential uses and from the adjoining streets to minimize the visual impact of off-street parking.
Fences, hedges, berms and landscaping can be used to screen parking areas.
1. Large Parking Lots. When large parking lots are necessary, increase the landscaping to screen the lot and divide the lot into smaller components. Significant landscape islands
must be provided in the interior of large lots (over fifty (50) parking spaces). These may double as snow storage areas in winter months.
Front Yard Berm Buffer. Parking lots in front yard setbacks shall be buffered with minimum ten (10’) feet wide, two (2’) feet high landscape berm planted with bushes and trees.
Landscaping and Snow Storage. Parking areas of four (4) or more vehicles shall dedicate ten (10%) percent of the parking area to landscaping and snow storage. The landscaping may be
interior or may
be peripheral and shall include groundcover and trees.
Parking Areas and Existing Uses.
a) Required Buffer.
1) The buffer shall consist of a minimum five (5’) feet wide landscaped strip to be planted with one (1) tree and five (5) shrubs per thirty (30’) lineal feet. (See 3.02.100.)
2) A six (6’) feet high vinyl or masonry fence may be substituted for the landscape buffer, but not in the front yard or front yard setbacks. (See fencing requirements.)
3) Landscaping must be maintained as in its original design and purpose.
b) The buffer described in 3.04.040.e.4.a 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.
b) Commercial Parking Areas. Commercial parking lots shall be separated from the city right-of-way with a minimum ten (10’) feet wide buffer with the required landscape trees and bushes
as described in 3.04.040.e.4a.
Safety. Parking spaces along the outer boundary of a parking lot shall be contained by high-back curbing or a bumper rail so placed to prevent a vehicle from extending over an adjacent
property.
Wheel Stops. Wheel stops should be a minimum of four (4”) inches in height and width, and six (6’) feet in length, and should be firmly attached to the ground. Placement should be
a minimum of eighteen (18”) inches from property line.
Sidewalks, no less than five (5’) feet in width, (six (6’) feet in width where vehicle overhang will occur), along facades abutting public parking areas.
Drainage. Parking spaces shall be provided with adequate drainage which shall not run across a public sidewalk.
Lighting. All lighting for parking areas shall be directed and, when necessary, shielded so as not to produce direct glare on adjacent properties, and shall comply with the City’s lighting
ordinance.
3.04.050. Location of Residential Parking Spaces. (See 4.00.060.f.)
3.04.060. Parking Surface
All parking areas, aisles and driveways shall be surfaced with asphalt or concrete.
Asphalt is not allowed for sidewalks crossing driveways and for the driveway approach between the street and the sidewalk (See Appendix B: City Engineering Standards.)
Parking areas shall be provided with paved access from a public street.
No more than forty (40%) percent of the front yard shall be covered with asphalt or gravel.
Storage Facilities. Asphalt or concrete is not required for storage areas or storage facilities when an improved and maintained gravel surface is provided (See Appendix B: City Engineering
Standards.) as long as the following three (3) requirements are met:
Driveway. Provide a sixty (60’) feet minimum long concrete or asphalt access driveway is between the aforementioned lot and the public right-of-way.
Loading Space. Provide a forty by twelve (40x12) square foot loading space (as per 3.04.080 without regard to overall building size) directly in front of any and all fully-enclosed
storage units/spaces less than ten by twenty (10 x 20) square feet or any interior entrance to a series of fully-enclosed units/spaces.
Off-street Parking. Provide ample dedicated off street parking separate from the storage area.
3.04.070. Driveways and Drive Aisles
All driveways or drive aisles designed for two-way circulation shall be at least twenty-two (22’) feet in width (unless required to be wider by the Fire Code).
One-Way Circulation
Residential parking lots
(30 spaces or less)
Angled spaces (degrees)
30
45
60
90
Aisle width (feet)
13
15
18
24
20
Aisle width (feet) for Parking Structures
22
a. The City Engineer may allow twenty (20’) feet wide aisles on a case-by-case basis for residential parking lots serving over thirty (30) units.
b. Driveway aisle widths shall be no wider than the City’s minimum aisle width for two-way access when accessing rear or side yard parking lots.
3.04.080. Loading and Unloading Areas
All commercial and manufacturing uses shall provide adequate off-street loading and unloading areas. For changes of occupancy use, loading spaces and loading space access shall be required.
Any building used for retail or wholesale or manufacturing shall provide one (1) off-street loading space per ten thousand (10,000) square feet at least forty by twelve (40’x12’) square
feet with an unobstructed height of fourteen feet, six inches (14’6”).
Change of Use. When the use of a building changes, loading spaces will be required unless applicant provides information to staff identifying acceptable alternate means.
Additional Spaces. Additional spaces may be required by the City Engineer or Planning and Zoning Commission.
Availability. Loading and unloading spaces shall be permanently available.
Maneuvering Area. Maneuvering for loading and unloading spaces cannot use rights-of-way, except alleys.
Surface. Loading and unloading spaces shall be surfaced with concrete or asphalt.
Exception: CBD. Office and other buildings without large deliveries are not required to have a loading space.
3.04.090. Parking Rules
Parking in Residential Zones. (See 4.00.030.)
b. Sidewalk Access: MDR, HDR, TOZ. 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.
c. Connectivity: MU, CBD, CBC, RBC, LI, TOZ, PF, RBD. When possible, connectivity through parking lots of adjacent properties is required.
d. (RBD) – RESIDENTIAL BUSINESS DISTRICT
Parking areas within the RBC zone are to be used by occupants of the property and customers of the property, and are not to be used by employees or customers of businesses that may be
located in nearby business or commercial areas.
RBD corner lots shall be allowed to petition for parking in side yards provided any such parking shall be buffered visually and for sound from public rights-of-way.
e. (CBD) CENTRAL BUSINESS DISTRICT
This provision is to recognize the historical pattern of development in the downtown area of the City and to accommodate the need for new development in the downtown area.
Additional off-street parking may not be required for some new uses.
Occupancies that require more parking must provide off-street spaces.
Existing parking and loading facilities shall not be reduced or removed from the CBD by new or existing uses without approval from the Planning & Zoning Commission or substitute off-street
parking is provided within two-hundred (200’) feet of the main entrance of the use.
f. (UD) UNIVERSITY DISTRICT
1. Permissible Lot Coverage. In a UD zone, all buildings and structures, inclusive of parking lots, shall not cover more than sixty (60%) percent of the lot or parcel of land upon which
they are placed.
3.04.100. TABLE 3
Where a specific use is not listed, the Zoning Administrator or designee, in his or her professional judgment, shall make a determination on a parking standard to be applied based on
a similar use, and/or available information from national studies or other communities’ parking standards.
TABLE 3: Minimum Number of Parking Spaces required are as follows:
RESIDENTIAL DWELLINGS
Single-Family Dwellings
2 Spaces per Unit
Multi-Family Dwellings
2 Space per Unit
High Density
1 Bedroom
2 Bedrooms
3 Bedrooms
1.5 Spaces per Unit
2 Spaces per Unit
2 Spaces per Unit
Townhouses
2 Spaces per Unit (off-street parking)
RESIDENTIAL USES
Congregate Residence
1 Space per Occupant
(unless otherwise approved by the Zoning Administrator)
Dormitory Housing
Space per Occupant
Motels and Hotels (Transient Lodging)
1 Space per Sleep Room plus 1 Space per Employee at Highest Shift
Multi-Family Dwellings for Elderly
1 Space per Unit
Nursing Homes
0.25 Spaces per Bed
Short-Term Rentals, (including Boarding House, Bed and Breakfast)
2 Spaces for Owner/Manager plus 1 Space per Bedroom being rented.
*No on-street parking allowed.
SPACES
BUSINESS OR SERVICE
(per 1,000 square feet of gross floor area)
0.2
All warehousing (plus 3 spaces per 1,000 square feet of office, retail, or other public area)
1
Automotive, marine craft, aircraft and accessories (does not include repair garages)
Building materials, hardware and farm equipment
Furniture, home furnishings, and equipment
Manufacturing (plus 3 spaces per 1,000 square feet of office, retail, or other public area)
2
Contract construction services
Wholesale trade
3
All other services
Automotive, marine craft, aircraft and accessories (sales and service)
Business services
Doctor offices and all other medical services and professional services
Finance, insurance, and real estate services
Food (non-restaurant)
Travel services
3
All other services
Automotive, marine craft, aircraft and accessories (sales and service)
Business services
Doctor offices and all other medical services and professional services
Finance, insurance, and real estate services
Food (non-restaurant)
Travel services
4
General merchandise
Indoor recreation facilities
*Medical Clinic
Shopping centers – Mixed Uses Fewer than 200,000 square feet
5
Health Clubs
Restaurant in CBD zone
Shopping centers – Mixed Uses Over 200,000 square feet
6
Beauty and Barber services
10
Sit down restaurant
*A medical clinic is any facility that provides limited diagnostic and outpatient care, but is unable to provide long-term, in-house medical and surgical care. Clinics commonly have
lab facilities, supporting pharmacies and a wide range of services.
BUSINESS & SERVICES (per other measurement)
Call Centers and business with higher density cubicles
0.9 spaces per employee
0.6 spaces per employee in Central Business District (CBD), Technology and Office (TOZ)
Civic, social, fraternal organizations
1 space per 4 persons (maximum occupancy)
Fast food with drive-through
0.33 spaces per seat (two (2) feet of bench equals one (1) seat)
Hospital services
2 spaces per patient bed for expansions (to current campuses existing prior to 2008)
4 spaces per patient bed for new hospital campuses
Religious Facilities
1 space per 4 seats or 8 feet of bench in main meeting room
Public Assembly
Theaters, sports arenas, and auditoriums
1 space per 4 seats
Racquetball, handball and tennis courts
3 spaces per court
Bowling alley
7 per alley
Schools
2 spaces per teacher on largest shift for Day Care, Preschool
2 spaces per classroom Kindergarten, Elementary, and Junior high schools
1 space per 4 persons (at maximum capacity) High schools and Colleges
(UD) University Parking Ratios. Minimum parking spaces shall be regulated in the UD with the University Parking Ratios set forth below. In determining the ratio, all parking spaces
located upon the University Campus together with all on-street parking where the University Campus occupies both sides of the street shall be included. The term full-time equivalent
shall be established in the BYU-Idaho Parking Study published in 2002.
Student Ratio: .20 spaces per FTE Student
Faculty Ratio: .585 spaces per FTE Faculty
Staff Ratio: .585 spaces per FTE Staff
3.04.110. Joint uses of Required Parking Spaces.
Joint uses. Joint uses of required parking spaces may occur when parking spaces can be shared because their parking demands occur at different times. The joint use of off-street parking
spaces is allowed provided the applicant shows the following:
There is no conflict during operating hours, for the structure, or for the parking facilities proposed.
Entrances for both uses must be within 200’ from their primary entrances.
Submit a written agreement for joint use to the City Attorney from both parties which contains the following:
Names & addresses of those owners or tenants that will share parking
Map or drawing showing location and number of parking spaces to be shared
An analysis showing peak parking demand for different uses at different times
Legal instrument (easement or deed restriction) that guarantees access to joint parking for all uses.
Agreement, when approved, shall be recorded in the County Recorder’s office.
Total requirements for off-street parking shall be the sum of the requirements for various uses with the development or structure.
In the University Districts, 3.04.110.a. shall not apply, however, the University shall provide information which demonstrates that the parking facilities proposed will lessen the demand
for other parking facilities within their zone.
3.04.120. Parking Plan for Reduced Parking.
A Parking Management Plan shall be designed and anticipated to facilitate parking for the intended tenants of the units as well as reasonably anticipated visitors and ancillary services.
This Plan needs to be submitted to the Zoning Administrator. A Parking Management Plan allows a reduction in required parking from a 1 to 1 ratio to as low as .75 to 1 ratio for Dormitory
Developments upon a showing of adequate parking plan submittal and acceptance by the Zoning Administrator.
Requirements. The plan shall show all parking spaces and their dimensions, access aisles, loading spaces, and entrances and exits to the site. The parking plan may also include the
landscape plan.
Parking Space Dimensions. Each required off-street parking space shall be at least nine (9’) feet in width and at least twenty (20’) feet in length, exclusive of access drive and aisles.
Parallel parking. Parallel parking spaces shall be a minimum of nine (9’) feet wide by twenty-two (22’) feet in length.
“Developer Option”. For dormitory housing, boarding house, and multiple-family housing, eighty (80%) percent of the parking spaces are allowed to be nine (9’) feet wide by sixteen (16’)
feet long with twenty (20%) percent required to be nine (9’) feet wide by twenty (20’) feet long.
Compact Cars. Up to twenty-five (25%) percent of the spaces may be allocated for compact cars with a minimum of eight (8’) feet wide by sixteen (16’) feet long. Spaces for compact
cars shall be signed or otherwise designated and shall be located in rows separate from parking for larger vehicles.
Parking Structure. Off-street parking spaces shall be at least nine (9’) feet in width and at least eighteen (18’) feet in length. For compact cars parking spaces shall be a minimum
of eight (8’) feet in width by fifteen (15’) feet in length.
Parking Structure. Plans for a parking structure must be approved by the City Engineer, the Fire Marshall and the Zoning Administrator.
CUP. A Conditional Use Permit is required to apply for a larger percentage of compact car parking spaces in a parking structure. Applicant will need to show compact and other small
cars will be a greater percentage of parking structure use.
Visitor Parking
Visitor parking must be located, in such a way, as to be readily identified upon entering the parking facilities, and must provide for visitor stays of no less than one (1) hour.
Policing. Policing of the parking facilities must be conducted by the property owners or their employed representatives, and any parking enforcement action must be initiated by an on-site
person, who is not compensated in direct relationship to the decision to tow or boot or otherwise police violations. (No Predatory Towing or Booting)
Parkers Identified. Any tenant authorized to park in the parking facility must be clearly identified as having parking privileges, and no more than the actual number of available spaces
may be assigned, providing for ancillary and visitor parking as required.
PED. Parking may be reduced in the Pedestrian Emphasis District (PED) to as low as six (6%) percent with a Conditional Use Permit (CUP). (Ord. 1181)
b. Evaluating the Plan. The following items shall be considered when evaluating a parking plan:
On site, how will visitor vs. tenant parking spaces be identified to determine compliance?
Are there specific times the spaces will be available?
Who will manage the parking?
What is the method of management? Consequence of noncompliance?
3.04.130. Other Reduced Parking
a. Dormitory Housing.
1. Pedestrian Emphases District (PED). All Dormitory housing located in the PED will require a Conditional Use Permit to seek reduced parking requirements.
2. Infill/Redevelopment. Dormitory may be reduced to seventy-five (75%) percent in the Infill/Redevelopment Area upon submittal and acceptance by the Planning and Zoning Commission
of a Parking Management Plan as listed in Section 3.04.130 and designed and anticipated to facilitate parking for the intended tenants of the units as well as reasonably anticipated
visitors and ancillary services.
b. Infill/Redevelopment. Multiple-family developments with more than one (1) bedroom and more than six (6) units may be reduced by 20% in Infill/Redevelopment Area. (See Chapter 10.)
3.04.140. Nonconforming Parking Areas
Necessary maintenance and repairs shall be permitted to keep non-conforming parking uses in sound condition.
Grandfathered Parking. Conforming parking of existing single family homes and duplexes that are being converted to multiple family use may be “grandfathered” as approved by the Zoning
Administrator or designee.
Reconstruction. (See 3.03.040).
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SECTION 3.5: SIGN STANDARDS FOR ALL ZONES
Originated from Ordinance 908 (December 03, 2003); Repealed by Ordinance 1027 which was repealed by Ordinance 1115 (Chapter 10.5 - Development Code).
3.05.010. Purpose and Objectives
3.05.020. Record Keeping
3.05.030. Definitions
3.05.040. Permit Required
3.05.050. No Permit Required
3.05.060. Permit Fee
3.05.070. Permissions to Install
3.05.080. Conditional Use Permit
3.05.090. Noncompliance
3.05.100. Standards
3.05.110. Sign Background Area
3.05.010. Purpose and Objectives
Signs are a necessary means of visual communication for the public’s convenience, and businesses and individuals have the right to identify themselves and convey messages by using signs.
Signs are accessory and incidental to the use of the premises where they are located.
Objectives.
Balance. To provide a reasonable balance between the right of an individual or a business to identify itself and to convey its message, and the right of the public to be protected against
the visual discord resulting from the unrestricted proliferation of signs.
Compatibility and Economic Health. To insure signs are compatible with adjacent land uses and with the total visual environment of the community, and the value of nearby property and
economic health of the community, as a whole are protected; and
Create a Standard. To provide minimum standards for regulating the size, height, structural materials/requirements and the duration of all signs, including temporary signs and displays
on the outsides of buildings visible from the public rights-of-way; and
Consistent Enforcement. To enable the fair and consistent enforcement of these sign regulations; by regulating the location, construction, duration, number and maintenance of signs
in order to enhance the aesthetic environment; and by promoting public safety, health and general welfare, and providing for the greater good of the community.
3.05.020. Record Keeping
Three (3) copies of the sign code will be kept on file, in the offices of the City Clerk and the Building Department, duly certified by the Clerk, for use and examination by the public.
3.05.030. Definitions
The following terms are defined in Chapter 2:
Architectural Blade
Awning
Banner
Billboard
Blanketing
Canopy Sign
Changeable Copy Panel (Readerboard)
Construction Signs
Copy
Sign, Directional
Sign, Free Standing, Detached, or Ground
Sign, Height
Sign, Illuminated
Sign, Indirect or Internal Lighting
Sign, Off Premise
Sign, Portable
Sign, Projecting
Sign, Public Service Information
Sign, Real Estate or Property for Sale, Rent, or Lease
Sign, Super Graphics
Sign, Swinging
Sign, Temporary
Sign, Under Canopy or Marquee
Sign, Wall
3.05.040. Permit Required.
Except as otherwise provided in this Code, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in this City, or cause the same to be done, without
first obtaining a sign permit.
3.05.050. No Permit Required.
A permit shall not be required for a change of copy of any sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit
has previously been issued in accordance with this Code, provided that the sign or sign structure is not altered in any way.
3.05.060. Permit Fee
An application fee shall be paid in accordance with the current fee schedule maintained by the City Clerk, as approved by the City Council.
3.05.070. Permission to Install.
No person shall erect, construct or maintain any sign upon any property or building without the consent of the owner or authorized representative of the owner.
3.05.080. Conditional Use Permit
An application for any sign or advertising display or structure for which no specific regulation in this Ordinance is applicable shall be considered by the Planning and Zoning Commission
under the Conditional Use Permit procedure as outlined in the Planning and Zoning Ordinance, and such application shall be approved or denied in harmony with the intent of these regulations.
3.05.090. Noncompliance
Any person, firm or corporation violating any provision of this Ordinance shall be guilty of an infraction, and be subject to the following civil penalties or remedies:
If a sign is placed in or projects into any public right-of-way, or has been deemed unsafe by the building department and/or City Engineer it may be immediately removed by the City
at the owner’s, sign company’s and/or responsible person’s expense.
If in violation of some other provision of this Ordinance, the City may cause a written notice to be given requiring that the violation be corrected within fourteen (14) days.
If the owner, sign company and/or responsible person for the violation fails to comply, then the violator(s) shall be liable for civil penalties (See 1.01.090.) The City shall have
the right to remove the sign at the violator’s expense in addition to the aforementioned penalties for each day of violation.
3.05.100. Standards. All externally located signs visible from the public right-of-way must be located and constructed in accordance with the following parameters, with respect to
the location of signs out of the public right-of-way, the maximum height of the signs, area of signs, clearance required for signs, allowed location of signs, allowed sign illumination,
exemptions allowed by a Conditional Use Permit, types of a signs, sign permit fees, and sign permit requirements.
Clear View of Intersecting Streets.
Right-of-way. No sign may be placed or constructed so that any portion thereof is placed or projects into any public right-of-way.
Sight Triangle. For the purpose of ensuring reasonable visibility and safety this ordinance shall prohibit the placement of signs within the sight triangle.
Intersecting Streets. The sight triangle applies to corner lots on intersecting City streets.
Definition. See Chapter 2: Sight Triangle definition.
Applications. Applications are through the Building Department.
1. Sign Applications. Sign applications shall include a detailed lighting plan that will be approved as part of the sign application approval.
Address Signs. All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road on
which the address is located.
Multiple Addresses. Where multiple addresses are required at a single driveway, they shall be mounted on a single post and additional signs shall be posted at locations where driveways
divide.
Time Frame. In all cases the address shall be posted at the beginning of construction and maintained thereafter.
Residential Signs. (See 3.02.140.b.1. for multiple unit signs.)
The assigned address of any City residence must be posted on the structure within ten (10’) feet of the entrance door facing street side. Said numbers must be readable from the street
as determined by City Emergency Services.
Name and Address. Signs or name plates shall not exceed two (2) square feet in area and display only the name and address of the occupant.
Construction Signs. Construction signs are defined as temporary and they must be removed within thirty (30) days of project completion.
Banners. Any banners on property other than wall banners must meet and are included as part of, freestanding sign area unless considered temporary and approved by the Rexburg City Building
Department.
Fire Access Signage. All occupancies classified as commercial shall have fire access roadways posted with the proper signs at seventy-five (75’) foot intervals from the center of the
fire access road.
1. Curb Painting. Additionally, curbs shall be painted red and maintained as required by the Fire Code Official.
Temporary street signs. Temporary street signs shall be installed at each street intersection when construction of new roadways allow passage by vehicles.
Bridge Load Limits. Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design loads for bridges shall be established by the City Engineer.
3.05.110 Sign Background Area
When computing the area of sign background, any single piece flat sign shall be calculated by measuring one side even though both sides may be used for advertising. (For example, a
4’x 8’ flat sign will be considered a 32 square feet background area.)
a. Directional Signs. If logos are put on the directional signs, they are calculated in the area of the directional sign. In addition, the logos must be less area than the directional
information to be considered a directional sign.
b. Pole Signs. On pole signs the supporting structure does not count as part of the area of the sign. The area calculated in the wind loads calculation for the pole sign is for all
intents and purposes, the background area of the sign.
c. V or 3-D. For V shaped signs, or any other three-dimensional sign shall have the area of sign background calculated by considering all sides of the sign facing the primary public
right-of-way. This is irrespective of whether the back sides of the signs are used for advertising.
d. Wall Signs. On wall signs, the background area of the sign is calculated by the following methods depending on which is most reasonably applicable as determined by the city:
Letters. If only letters are being put on the wall, then the area is computed by drawing rectangles around each letter to enclose the extremities of the letter, and then calculating
the area enclosed within the rectangles.
Cabinet or Flat Panel. If a cabinet or flat panel with letters is put on the wall, then the area is the area of the extremities of the flat panel or cabinet like structure.
Painted Sign. If an area is painted out in a different shade or color on a wall (not matching the general background of the rest of the building) for advertising with lettering or graphics,
then the extremities of the entire painted out area will count as advertising area.
Flat Plane Buildings. For flat plane building structures the wall area can only be calculated by walls parallel and seen from one standard orthographic elevation view. No other walls
can be added to this area in calculating the area of a sign allowed for that wall.
Dome or Curved Buildings. For dome or curved structures the wall signs cannot exceed the prescribed area of the curved or dome like structure as seen from a standard orthographic elevation
view.
TYPES OF SIGNS
3.05.120 Blade Signs
Blade signs placed between eleven (11’) feet and sixteen (16’) feet above sidewalk.
3.05.130 Free-standing Signs.
Outside of US-20 Interchange. Unless further restricted in this Sign Code, the maximum height of any free standing sign not located in the US 20 Interchange Boundaries (see figures 1,
2 & 3 below) shall be twenty-four (24’) feet from ground level to the top of the sign.
CUP. On lots where a twenty-four (24’) feet free-standing sign is allowed and the building height is greater than twenty-four (24’) feet, the maximum height of a free-standing sign
may be reviewed under a Conditional Use Permit for a taller free-standing sign not to exceed the building height.
Within US 20 Interchange. Free-standing signs located in the US 20 Interchange boundaries (identified in figures 1, 2 &3) shall have a maximum height of forty (40’) feet from ground
level to top of the sign.
Each parcel located in the interchange boundary is allowed one (1) pole with sign(s) that are forty (40’) feet from grade (see “grade” definition in Chapter 2).
Interchange Definition. The interchange sign boundary is defined by a fifteen hundred (1500’) feet radius drawn from the center of the highway interchange.
/
/
Sign Size. Maximum sign size is two hundred (200) square feet.
Property Area.
50,000 sq. feet and Less. For any single property up to fifty thousand (50,000) square feet in lot size, an eighty (80) square feet sign is allowed.
Greater than 50,000 sq. ft. The total allowable sign area per square feet would be increased by the product of 0.0016 and the number of square feet in excess of 50,000 square feet.
This figure is then added to the 80 sq. ft. (See examples on the following page.)
Maximum Sign Area Allowed
EXAMPLE:
Clear Distance Between Signs
EXAMPLE
Clear distance between signs
needs to be 150 feet or greater.
EXAMPLE
1.94 is permissible; 155 ft. works
as a clear distance between signs
Distance from Property Lines EXAMPLE
3.05.140 Other Signs
Other signs. All devices such as search lights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures are allowed, but may not be used
more than sixty (60) days in total during any calendar year.
3.05.150 Temporary Signs
A sign which is intended to be displayed for no more than thirty (30) days consecutively, and is not permanently affixed. Temporary signs are only intended for and allowed in non-residential
zones.
Review by Planning & Zoning. Unless otherwise regulated in this code, (such as construction sign or real estate or property for sale, rent or lease sign) temporary signs must be reviewed
by the Zoning Administrator or designee for approval before being put up.
Recorded at City. Temporary signs must be recorded and logged in at the city with the approval of the Zoning Administrator or designee.
In general, temporary signs are reserved for limited activities important to the citizens of the City of Rexburg.
Location. Signs shall be located outside of the City right-of-way.
Size. Signs shall be thirty-two (32) sq. ft. or less.
Good Taste. Signs shall be in good taste for the surrounding environment.
Maintenance. Signs must be maintained in good condition as to color, material integrity (fraying, tearing, etc.), and structural alignment.
Signs located within the City right-of-way and authorized by the City are exempt from these regulations.
Temporary Signs for Big Events. Examples of uses of temporary signs are for big events such as the International Dance Festival, Rexburg Rush, close out sales, going out of business
sales, or other events held at limited allotted times of year.
3.05.160 Wall Banners
a. Temporary Wall Banners. Wall banners up for 60 days or less are considered temporary; all others are considered permanent and shall adhere to applicable sign standards.
These banners must be logged and recorded with the City of Rexburg to assure time and condition limitations are being followed.
Maximum coverage. These banners may be up with permanent wall signs as long as the coverage does not exceed twenty (20%) percent of wall. This twenty (20%) percent coverage is the
total of the permanent and temporary signs combined.
b. Permanent Wall Banners. Any banners up for more than sixty (60) consecutive days are considered permanent and must adhere to permanent sign standards.
These banners will be covered as aforementioned in maximum area (depending on distance from right-of-way (ROW) of wall signs and must have a sign permit.
A business wishing to have an area for wall mounted banner signs that allow interchangeability of promotional signs may do so by providing a tasteful, permanent looking frame that does
not include strings or other temporary looking devices.
These “permanent” banner sign locations shall be counted towards maximum wall sign allotment,
and does not include the wall banner twenty (20%) percent provision.
All framed banners shall be sized appropriately for the frames so that there shall be no gaps between sign and frame edging and so that the banner does not overhang the frame in any
way.
3.05.170 Wall Signs
a. Maximum Area.
Up to 100’ from ROW. The maximum area of a wall sign allowed is ten (10%) percent of the area of the building wall or walls located within zero (0) feet up to one-hundred (100) feet
from the right-of-way (ROW) line.
100’ to 200’ from ROW. The maximum area of a wall sign allowed is twelve (12%) percent for walls located within 100 feet to 200 feet from the street right-of-way (ROW) line.
Greater than 200’ from ROW. The maximum area of a wall sign allowed is fourteen (14%) percent of the area of the building wall for walls located more than 200 ft. from the street right-of-way
(ROW) line.
3.05.180 Allowable “Sign Size” and “Sign Permit Conditions” by Zone
Zones: RR1, RR2, LDR1, LDR2, LDR3, TAG1, TAG2, RBD
Type
Sign
Area
(Sq. Ft)
Max
Height
Location
From
Property Line
Lighting
Style
Restrictions
(BD)
or
(CUP)
For Rent
6
6
5 feet +
None
1 per street frontage
BD
For Lease
For Sale
Home Occupation
2
Limited by
Wall
Must be parallel
to wall
None
1 per street frontage
BD
Construction
32
8
5 feet +
None
1or more with max.
Total of 96 SQ. FT.
BD
PUD, Subdivision
Identification
64
8
5 feet +
Indirect
Internal
1or more with max.
total of 64 SQ. FT.
CUP
Directional
6
Code
Public ROW
Internal
Code
CUP
Public Service
6
Code
Public ROW
Internal
Code
CUP
All other signs
Prohibited
Zones: MDR1, MDR2, HDR1, HDR2
Type
Sign
Area
(Sq. Ft)
Max
Height
Location
From
Property
Line
Lighting
Style
Restrictions
(BD)
or
(CUP)
For Rent
32
10
5 feet +
None
1 per street frontage
BD
For Lease
For Sale
Home Occupation
2
Limited by
Wall
Must be parallel
to wall
None
1 per street frontage
BD
Construction
32
12
5 feet +
Indirect
Internal
1or more with max.
96 SQ. FT.
BD
PUD, Subdivision
Identification
64
8
5 feet +
Indirect
Internal
1or more with max.
64 SQ. FT.
CUP
Directional
6
Code
Not in Sight
Triangle
None
Code
CUP
Directional
6
Code
Not in Sight
Triangle
None
Code
CUP
Public Service
6
Code
Public
ROW
None
Code
CUP
Project signs for
Identification
Attached/detached
50 sq. ft. Max.
1 sq. ft.
per 3
Lineal ft.
Of bldg.
12
Bldg. wall
Facing the Street
Indirect
Internal
Not in set-back or
higher than the eave
line; 1 per parcel
CUP
All other signs
Prohibited
Zone: MU
Type
Sign
Area
(Sq. Ft)
Max
Height
Location
From
Property
Line
Lighting
Style
Restrictions
(BD)
or
(CUP)
For Rent
32
10
5 feet +
None
1 per street frontage
BD
For Lease
For Sale
Home Occupation
2
Limited by
Wall
Must be parallel
to wall
None
1 per street frontage
BD
Construction &
Temporary
32
12
5 feet +
Indirect
Internal
1or more with max.
96 SQ. FT.
BD
PUD, Subdivision
Identification
64
8
5 feet +
None
1or more with max.
64 SQ. FT.
CUP
Directional
6
Code
Not in Sight
Triangle
None
Code
CUP
Public Service
6
Code
Public ROW
None
Code
CUP
Accessory On-
Premise, Wall,
Free Standing, or
Canopy Marquee
50 Sq. ft. Max.
1 sq. ft.
Per 3
Lineal ft.
Of bldg.
Less than
Height of
Wall; FS
Max. 12
Feet high
Bldg. wall
Facing the
Street
Indirect
Internal
Flood light
1 per parcel
CUP
Open Lands
Code
Code
Code
Code
Code
BD
All other signs
Prohibited
Zones: CBD, CBC, RBC, TOZ, LI, and HI
Type
Sign
Area
(Sq. Ft)
Max
Height
Location
From
Property Line
Lighting
Style
Restrictions
(BD)
or
(CUP)
For Rent
32
10
5 feet
None
1 per street frontage
BD
For Lease
For Sale
Construction &
Temporary
32
12
5 feet
None
1or more with max.
96 SQ. FT.
BD
Directional
6
Code
Code
Internal
Code
BD
Public Service
6
Code
Public
ROW
Internal
Code
CUP
Accessory;
On premise;
Wall signs
Sec. II
8 ft. over
Building
Single story; less
than 30 feet
BD
Sec. II
6 ft. over
Building
Buildings greater
than 30 feet
BD
Accessory;
On premise;
Wall signs
Sec. II
8 ft. over
Building
Single story; less
than 30 feet
BD
Sec. II
6 ft. over
Building
Buildings greater
than 30 feet
BD
Projected
Signs
Sec. II
Sec. II
Not in Public
ROW; Blade
Signs Allowed
Sec. II
Sec. II
Public
ROW
w/CUP
Marquee
& Canopy
Sec. II
No
Projections
Face
Parallel
w/sign
Indirect
Internal
1 per street
frontage
CUP
Under
Marquee &
Canopy
Sec. II
Length
Only 75%
Of sign
Width
8 ft. Min.
Clearance
To
Ground
Code
Internal
1 per
Business
BD
Non-Accessory
Off Premise
Free standing
or Wall
32
10 ft. Max.
Height
Sec. I
Sec. II
Indirect
Internal
Floodlit
1 per property
(Wall or
Free Standing)
CUP
Accessory On-
Premise;
Free Standing
Sec. I
24 ft. Max
or
Bldg. Height w/CUP
Sec. I
Indirect
Direct
Internal
Sec. I
BD or
CUP
Portable signs
(A-frame style)
Sec. I
4 ft. Max.
Sec. I
Not in Public
ROW
None
Only allowed as
Temporary Signs.
BD
INTENTIONALLY LEFT BLANK
SECTION 3.6: LIGHTING STANDARDS
3.06.010. Purpose and Objectives
3.06.020. Scope and Applicability
3.06.030. Definitions
3.06.040. Standards and Criteria
3.06.050. Prohibited Lighting
3.06.060. Abatement of Nonconforming Outdoor Lighting
3.06.070. Review Procedures
3.06.080. Approval Procedures
3.06.090. Appeal Procedures
3.06.100. Complaints
3.06.110. Enforcement
3.06.010. Purpose and Objectives.
Effective outdoor lighting enhances the City of Rexburg’s character and identity, promotes a pleasant and soft ambiance, protects astronomical observations, and provides safety and security
for persons and property. Excessive light or light pollution, can be annoying, cause safety problems, and reduce privacy. In order to effectively regulate these activities, communities
are empowered to establish regulations and standards for all outdoor lighting.
Objectives
To preserve, protect, and enhance the natural beauty of the “Night Sky”.
To encourage and promote the conservation of energy resources.
To promote safety and security for persons and property, drivers and pedestrians.
To maintain and enhance property values.
To adopt clear standards for all outdoor lighting and to inform the public of those standards.
To eliminate light trespass onto abutting properties.
To promote appropriate business.
To enhance community identity.
3.06.020. Scope and Applicability.
This section shall apply to all new lighting that is installed within the jurisdiction of this development code. The provisions of this section shall be considered as minimum requirements.
Any requirement, statute, ordinance, covenant, or other regulation, placing a greater restriction shall prevail.
3.06.030. Definitions
The following terms are defined in Chapter 2:
Area Light
Foot Candle
Downlighting
Flood Light
Foot-candle (fc)
Fully shielded
Height (of Light)
Holiday Lighting
Illuminance
Lamp
Lighting Plan
3.06.040. Standards and Criteria.
Full Cutoff Type Luminaires. All exterior luminaires shall be of the full cutoff type unless otherwise noted in this section.
b. Light Trespass. All luminaires, including security lighting, shall be aimed and shielded so that the direct illumination shall not trespass more than 0.2 foot candles beyond the property
boundaries.
c. Lighting of Flags. The lighting of Federal or State flags shall be permitted. The external beam shall minimize light trespass and/or glare.
d. Canopy Lighting. Canopy lighting shall be flush with the under surface of the canopy.
e. Conformance with Applicable Codes. All outdoor, electrically-powered, illuminating devices shall be installed in conformance with the provisions of this Section, currently adopted
Building and Electrical Codes and Sign Ordinance, along with appropriate permits and inspections.
f. Roadway/Streetlights.
All roadway/streetlights shall be installed at the discretion of the Director of Public Works and shall conform to the appropriate ordinance.
g. Parking Lots. Parking lot lighting shall comply with all other requirements of this section.
h. Recreation Areas.
Turn On. In no case shall recreational lighting occur before 7:00 A.M.
Turn Off.
All recreational lighting shall be turned off within thirty (30) minutes of the completion of the last game, practice, or event.
b) In no case shall recreational lighting occur after 10:00 P.M. except to conclude a specific sporting or similar event that is underway. (See also Noise Resolution for similar times)
i. Signs. Signs, including directional, project entrance; free standing, building, and monument signs shall comply with the requirements of section 3.5: Signs and the following:
2. Shielded. All luminaires shall be aimed and shielded so that light is directed only onto the sign facade not to cause a nuisance or complaints.
3. Signs in Residential Zones. Signs that abut residential zones shall be designed, placed, and landscaped in such a manner so that the lighting does not trespass onto residential properties
and cause complaints. The luminaire shall be confined to the surface of the sign.
j. Exempt Lighting. The following lighting shall be exempt from the provisions of this section:
1. Holiday lighting from November 1 to January 15.
2. Traffic control signals and devices.
3. Temporary emergency lighting in use by law enforcement or governmental agencies at their direction.
4. Temporary lighting, used for a period not to exceed thirty (30) days in any twelve (12) month period for construction, festivals, celebrations, and other public activities so as not
to cause a nuisance or complaint.
5. Residential luminaires with an output equivalent to a sixty (60) watt incandescent lamp regardless of the number of lamps.
6. Sensor activated luminaires, provided:
It is located in such a manner as to prevent light trespass onto other properties or into a public right-of-way resulting in complaints.
b) The luminaire is set to go on only when activated and to go off within five (5) minutes after activation has ceased. This type of lighting is only intended for very low pedestrian
traffic areas and only to increase the perception of safety.
c) The luminaire shall not be triggered by activity off the property.
3.06.050. Prohibited Lighting. The following lighting shall be prohibited except as provided in 3.6.040.j.
a. Unshielded Luminaires. Unshielded luminaires for any purpose is prohibited except strictly for the purpose of decorative luminaires such as Bistro style luminaires.
b. Flashing, Blinking, Intermittent Lights. Flashing, blinking, intermittent lights or other lights that move or give the impression of movement are prohibited as determined by the Zoning
Administrator. This does not include readerboard-type signs.
3.06.060. Abatement of Nonconforming Outdoor Lighting
Lighting that does not conform to this section but existed at the time of adoption of this section.
a. Abatement Required. Nonconforming luminaires shall be brought into compliance, unless otherwise exempted by this section, pursuant to the abatement schedule contained in this section.
b. Schedule of Abatement. All legally existing, nonconforming outdoor lighting shall be brought into compliance by the property owner as follows:
1. As a condition for approval upon application for a building permit, sign permit, conditional use permit, or similar City of Rexburg permit.
2. All damaged or inoperative lighting shall be replaced or repaired with lighting equipment and luminaires that comply with this section.
3.06.070. Review Procedures.
Lighting Plans Required. All commercial building plans, commercial externally illuminated sign permit applications, conditional use permits, and subdivision applications shall include
a detailed lighting plan that indicates evidence that the proposed lighting fixtures and light sources comply with this section.
Lighting Plans shall include the following:
a) Plans or drawings indicating the proposed location, height, and type of luminaires, along with installation and electrical details.
Illustrations, such as those contained in a manufacturer’s catalog, of all proposed luminaires.
c) Photometric data, such as that furnished by manufacturers, showing illumination levels in foot candles as it lays out on site and extending to twenty (20’) feet beyond the property
boundary.
3.06.080. Approval Procedures.
Small Scale Applications. Lighting plans for developments of one (1) acre or less shall be approved by the City of Rexburg’s Director of Public Works or designee.
b. New Development. New development applications shall include a detailed lighting plan that will be approved as part of the development approval in compliance with the City of Rexburg’s
Subdivision Ordinance, the conditional use permit, or the building permit.
d. Compliance with this Section. All lighting approvals shall be granted only in compliance with this section.
e. Suspension, revocation, or modifications to the Lighting Plan. The Director of Public Works or Building Official may suspend, revoke, or require modification of any lighting plan
that is not in compliance with this section.
f. Lamp or Luminaire Substitution. If any outdoor luminaire or the type of light source therein is proposed to be changed after a lighting plan has been approved, a change request must
be submitted to the Director of Public Works or Building Official for approval. Adequate information to assure compliance with all codes must be provided and the change request must
be received and approved prior to substitution.
3.06.090. Appeal Procedure.
The applicant or any person aggrieved by a final decision, determination, or requirement imposed regarding this section may appeal according to the provisions set forth by the City of
Rexburg’s Development Code.
3.06.100. Complaints.
Illumination shall not be a nuisance to abutting properties causing complaints. Complaints received due to nuisance illumination shall be determined by the Planning and Zoning Committee,
Director of Public Works, Building Official, or City of Rexburg Designee.
3.06.110. Enforcement.
The City of Rexburg’s Planning and Zoning Commission, Director of Public Works, and Building Official, or City of Rexburg designee are authorized to enforce this Section, and shall enforce
all provisions.
INTENTIONALLY LEFT BLANK
SECTION 3.7: CELL TOWERS
3.07.010. Purpose and Objectives
3.07.020. Definitions
3.07.030. Applicability
3.07.040. General Requirements
3.07.050. Permitted Uses
3.07.060. Administratively Approved Uses
3.07.070. Conditional Use Permits
3.07.080. Buildings or Other Equipment Storage
3.07.090. Removal of Abandoned Antennas and Towers
3.07.100. Nonconforming Uses
3.07.010. Purpose and Objectives
The purpose of this ordinance is to establish general guidelines for the sitting of wireless communications towers and antennas.
Goals. The goals of this ordinance are to:
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
Encourage the location of towers in non-residential areas;
Minimize the total number of towers throughout the community;
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, sitting, landscape screening,
and innovative camouflaging techniques;
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
Consider the public health and safety of communication towers; and
Avoid potential damage to adjacent properties from tower failure through engineering and careful sitting of tower structures.
In furtherance of these goals, City of Rexburg shall give due consideration to the [Municipality's] master plan, zoning map, existing land uses, and environmentally sensitive areas in
approving sites for the location of towers and antennas.
3.07.020. Definitions
The following terms are defined in Chapter 2:
Alternative Tower Structure
Antenna
Backhaul Network
FAA
FCC
Fenestration
Pre-Existing Towers and Pre-Existing Antennas
3.07.030. Applicability
New Towers and Antennas. All new towers or antennas in City of Rexburg shall be subject to these
regulations, except as provided in 3.07.030.
Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under seventy (70’) feet in height and
is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall
not be required to meet the requirements of this ordinance, other than the requirements of Sections 3.07.040.d. & n.
3.07.040. General Requirements
Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot.
Dimensions, Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback
requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels
within such lot.
Aesthetics. Towers and antennas shall meet the following requirements:
Finish. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
Design. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend
them into the natural setting and surrounding buildings.
Color. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to,
or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
If, upon inspection, the City of Rexburg concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being
provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner(s) expense.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of 3.07.080.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system
in City of Rexburg have been obtained and shall file a copy of all required franchises with the Planning and Zoning Department.
Inventory of Existing Sites.
Each applicant for an antenna and/or tower shall provide to the Planning and Zoning Department an inventory of its existing towers, antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of City of Rexburg or within one mile of the border thereof, including specific information about the location, height, and design of each tower.
The Planning and Zoning Department may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or other organizations
seeking to locate antennas within the jurisdiction of City of Rexburg, provided, however that the Planning and Zoning Department is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must
cause the least disturbance to the surrounding views.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in City of Rexburg irrespective of municipal
and county jurisdictional boundaries.
Multiple Antenna/Tower Plan. City of Rexburg encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review process.
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this ordinance and shall not be regulated or permitted as essential services, public utilities,
or private utilities.
Public Notice. For purposes of this ordinance, any Conditional Use request, variance request, or appeal of an administratively approved use or special use shall require public notice
to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in 3.07.070.f.3, Table 2, in addition to any
notice otherwise required by the Zoning Ordinance.
Signs. No signs shall be allowed on an antenna or tower.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the
authority to regulate towers and antennas.
If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised
standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state
or federal agency.
Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
3.07.050. Permitted Uses
General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.
Permitted Uses. Antennas or towers located on property owned, leased, or otherwise controlled by the City of Rexburg shall provide a license or lease authorizing such antenna or tower
has been approved by City of Rexburg.
3.07.060. Administratively Approval
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
The Planning and Zoning Department may administratively approve the uses listed in this section.
Each applicant for administrative approval shall apply to the Planning and Zoning Department providing the information set forth in Sections 3.07.070.b. and d. of this ordinance and
a nonrefundable fee as established by resolution of Council to reimburse City of Rexburg for the costs of
reviewing the application.
The Planning and Zoning Department shall review the application for administrative approval and determine if the proposed use complies with this Section 3.07.040., 3.07.070.h & i.
The Planning and Zoning Department shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application. If the Planning and
Zoning Department fails to respond to the applicant within said sixty (60) days, then the application shall be deemed to be approved.
Setbacks. In connection with any such administrative approval, the Planning and Zoning Department may, in order to encourage shared use, administratively waive any zoning district setback
requirements in 3.07.070.h or separation distances between towers 3.07.070.i by up to fifty (50%) percent.
Monopole. In connection with any such administrative approval, the Planning and Zoning Department may, in order to encourage the use of monopoles, administratively allow the reconstruction
of an existing tower to monopole construction.
CUP. If an administrative approval is denied, the applicant shall file an application for a Conditional Use permit prior to filing any appeal that may be available under the Zoning
Ordinance.
b. List of Administratively Approved Uses. The following uses may be approved by the Planning and Zoning Department after conducting an administrative review:
Industrial and Heavy Commercial. Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna,
in any industrial or heavy commercial zoning district.
Locating antennas on existing structures or towers consistent with the terms of subsections
(a) and (b) below.
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Planning and Zoning Department as an accessory use to any commercial, industrial,
professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:
The antenna does not extend more than thirty (30’) feet above the highest point of the structure;
The antenna complies with all applicable FCC and FAA regulations; and
The antenna complies with all applicable building codes.
b) Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Planning and Zoning Department and, to minimize adverse visual impacts associated
with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided
such collocation is accomplished in a manner consistent with the following:
Modify or Reconstruct. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless
the Planning and Zoning Department allows reconstruction as a monopole.
Height. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30’) feet over the tower’s existing height, to accommodate the collocation of an additional
antenna; except, the tower may not exceed the elevation of the Rexburg water tower.
The height change may only occur one (1) time per communication tower.
The additional height shall not require an additional distance separation. The tower’s pre-modification height shall be used to calculate such distance separations.
Onsite location
A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50’) feet of its existing location.
After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.
A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers in section 3.07.070.f.2. The
relocation of a tower hereunder shall in no way be deemed to cause a violation of 3.07.070.f.2.
The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands shall only be permitted when approved by the Planning and
Zoning Department.
New towers in non-residential zoning districts. Locating any new tower in a non-residential zoning district other than industrial or heavy commercial, provided a licensed professional
engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Planning and Zoning Department concludes the tower is in conformity
with the goals set forth in 307.010 and the requirements of 3.07.030; the tower meets the setback requirements and separation distances; and the tower meets the following height and
usage criteria:
1 User. For a single user, up to ninety (90’) feet in height;
2 Users. For two users, up to one hundred twenty (120’) feet in height; and
3 or More Users. For three or more users, up to one hundred fifty (150) feet in height; Except, the tower may not exceed the elevation of the Rexburg water tower.
Not Industrial or Heavy Commercial. Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the Planning and
Zoning Department is in conformity with the goals set forth in Section 3.01.010 of this ordinance.
Cable Micro Cell Network. Installing a cable micro cell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional
cable or telephone wires, or similar technology that does not require the use of towers.
3.07.070. Conditional Use Permits
General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission:
Conditional Use Permit Required. If the tower or antenna is not a permitted use of this ordinance or permitted to be approved administratively, then a special use permit shall be required
for the construction of a tower or the placement of an antenna in all zoning districts.
Procedures & Requirements. Applications for special use permits under this Section shall be subject to the procedures and requirements of Chapter 1: Administrative Procedures, except
as modified in this Section.
Conditions. In granting a Conditional Use Permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize
any adverse effect of the proposed tower on adjoining properties.
Engineering Information. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional
engineer.
Non-refundable fee. An applicant for a Conditional Use Permit shall submit the information described in this Section and a non-refundable fee as established by resolution of the Council
to reimburse City of Rexburg for the costs of reviewing the application.
Towers.
Information required. Applicants for a Conditional Use Permit for a tower shall submit the following information with the application, in addition to any other information required
for a Conditional Use application in Chapter 1:
Backhaul Network. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant
in the municipality.
Existing Towers. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide
the services to be provided through the use of the proposed new tower.
The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
Feasible Locations. A description of the feasible location(s) of future towers or antennas within the City of Rexburg based upon existing physical, engineering, technological or geographical
limitations in the event the proposed tower is erected.
Future Users. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
Landscape Plan. A landscape plan showing specific landscape materials.
Law Compliance. A description of compliance with Sections 3.07.040, 3.07.060.b.1, 3.07.060.b.e, and all applicable federal, state or local laws.
Legal Description. Legal description of the parent tract and leased parcel (if applicable).
Relationship to Zoned Properties. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and un-platted residentially
zoned properties.
Separation Distance. The separation distance from other towers described in the inventory of existing sites submitted pursuant to 15.1.060.b.b. shall be shown on an updated site plan
or map.
Site plan. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, Master Plan classification
of the site and all properties within the applicable separation distances, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed
tower and any other structures, topography, site elevations, parking, and other information deemed by the Planning and Zoning Department to be necessary to assess compliance with this
ordinance.
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of Conditional Use Permits applications, the Planning Commission shall
consider the following factors in determining whether to Conditional Use Permits, although the Planning Commission may waive or reduce the burden on the applicant of one or more of
these criteria if the Planning Commission concludes that the goals of this ordinance are better served thereby:
Height and elevation of the proposed tower;
Proximity of the tower to residential structures and residential district boundaries;
Nature of uses on adjacent and nearby properties;
Surrounding topography;
Surrounding tree coverage and foliage;
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
Proposed ingress and egress; and
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in 3.07.060.d. of this ordinance.
Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction
of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed
antenna.
An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures, or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
Geographic Area. No existing towers or structures are located within the geographic area which meets applicant's engineering requirements.
Height. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
Strength. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
Interference. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers
or structures would cause interference with the applicant's proposed antenna.
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
Limiting Factors. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
Alternative Technology. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple
low-powered transmitters/ receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
Setbacks. The following setback requirements shall apply to all towers for which a Conditional Use Permit is required; provided, however, that the Planning Commission may reduce the
standard setback requirements if the goals of this ordinance would be better served thereby:
Adjoining Lot Lines. Towers must be set back a distance equal to at least seventy-five (75%) percent of the height of the tower from any adjoining lot line.
Minimum Zoning Setbacks. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
Separation. The following separation requirements shall apply to all towers and antennas for which a Conditional Use Permit is required; provided, however, that the Planning Commission
may reduce the standard separation requirements if the goals of this ordinance would be better served thereby.
Separation from off-site uses/designated areas.
a) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in
Table 1.
b) Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1: Separation Distances from Residential Units
Off-site Use/Designated Area Separation Distance
Single-family or duplex residential units1
200 feet or 300% height of tower whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired
200 feet or 300% height of tower2 whichever is greater
Vacant un-platted residentially zoned lands3
100 feet or 100% height of tower whichever is greater
Existing multi-family residential units greater than duplex units
100 feet or 100% height of tower whichever is greater
Non-residentially zoned lands or non-residential uses
None; only setbacks apply
1Includes modular homes and mobile homes used for living purposes.
2Separation measured from base of tower to closest building setback line.
3Includes any un-platted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater
than duplex.
Separation distances between towers.
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.
Table 2: Separation Distances Between Towers (Linear Feet)
Proposed Towers
Existing Towers - Types
Lattice
Guyed
Monopole 75 Ft in Height or Greater
Monopole Less Than 75 Ft in Height
Lattice
5000
5000
1,500
750
Guyed
5000
5000
1,500
750
Monopole 75 Ft in Height or Greater
1,500
1500
1,500
750
Monopole Less Than 75 Ft in Height
750
750
750
750
g. Security fencing. Towers shall be enclosed by security fencing not less than six (6’) feet in height and shall also be equipped with an appropriate anti-climbing device; provided
however, that the Planning Commission may waive such requirements, as it deems appropriate.
h. Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Commission
may waive such requirements if the goals of this ordinance would be better served thereby.
1. Buffer. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
a) The standard buffer shall consist of a landscaped strip at least four (4’) feet wide outside the perimeter of the compound.
2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
i. Trees & Landform Preservation. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited
on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
3.07.080. Buildings or Other Equipment Storage
Antennas Mounted on Structures or Rooftops. Towers or associated cabinets are not allowed on roof tops or existing structures.
Antenna’s Support Cabinets. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
Residential Equipment Cabinet or Structure Locations.
Front or Side Yard. In a front or side yard provided the cabinet or structure is no greater than eight (8’) feet in height or one-hundred (100) square feet of gross floor area and the
cabinet/structure is located a minimum of twenty-five (25’) feet from all front yard lines and six (6’) feet from side yard setbacks, (lot lines).
Rear Yard. In a rear yard, provided the cabinet or structure is no greater than eight (8’) feet in height or one-hundred (100) square feet in gross floor area.
Screening. The cabinet/structure shall be screened by an evergreen hedge with an initial planted height of at least forty-two to forty-eight (42” – 48”) inches and an ultimate height
of eight (8’) feet.
Commercial or Industrial District Locations. In commercial or industrial districts, the equipment cabinet or structure shall be no greater than eight (8’) feet in height or one-hundred-sixty-nine
(169) square feet in gross floor area.
Evergreen Hedge Screen. The structure or cabinet shall be screened by an evergreen hedge with a planted height of at least thirty-six (36”) inches and an ultimate height of eight (8’).
Fence Screen. The structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid
fence six (6’)
feet in height or the evergreen hedge.
Antennas Located on Towers. The related unmanned equipment structure shall not contain more than one-hundred (100) square feet of gross floor area or be more than eight (8’) feet in
height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
Modification of Building Size Requirements. The requirements of 3.07.080 (a) through (c) may be modified by the Planning and Zoning Department in the case of administratively approved
uses or by the Planning Commission in the case of uses permitted by special use to encourage collocation.
3.07.090. Removal of Abandoned Antennas and Towers
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within
ninety (90) days of receipt of notice from the City of Rexburg notifying the owner of such abandonment.
Consequence. Failure to remove an abandoned antenna or tower within said ninety (90) day shall be grounds to remove the tower or antenna at the owner's expense.
Multiple Users. If there are two or more users of a single tower, then this provision shall not become effective until all users’ cease using the tower.
3.07.100. Nonconforming Uses
No Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute
the expansion of a nonconforming use or structure.
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction
and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this ordinance.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding 3.07.090, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without
having to first obtain administrative approval or a Conditional Use Permit and without having to meet the separation requirements specified in 3.07.070.b.1.i. and 3.07.070b.1.e.
The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval.
Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one-hundred-eighty (180) days from the date the facility is
damaged or destroyed.
If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in 3.07.090
INTENTIONALLY LEFT BLANK
CHAPTER 4: RESIDENTIAL ZONE STANDARDS
*All Zoning Standards apply. (See 3.01-3.06)
4.00.010. Permitted Projections with Conditions
4.00.020. Permitted Accessory Uses
4.00.030. Sidewalks
4.00.040. Home Occupation
4.00.050. Residential Design Standards
4.00.060. Parking in Residential Zones
4.00.010. Permitted Projections with Conditions (See 3.02.080.f.)
Driveway. Required driveways shall remain unobstructed for a distance of twelve (12’) vertical feet above the ground.
4.00.020. Permitted Accessory Uses (See 3.02.070.a.)
Accessory uses and structures are permitted in residential zones provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to the following:
Accessory buildings such as greenhouses, gardening sheds, recreation rooms, and similar structures.
Swimming pools.
Vegetable and flower gardens and noncommercial orchards.
Home Occupations subject to the regulations of Section 4.00.080.
b. Rear Yard. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30%) percent of the rear yard.
4.00.030. Sidewalks
In all Residential Zones, all building erected, established, or rebuilt shall be required to place sidewalks at the location indicated in the City Engineering Standards.
4.00.040. Home Occupation
In order to provide for home occupations that are secondary to the use of the premises as a residence and are compatible with the quiet, peaceful nature of a residential neighborhood,
no home occupation shall be permitted without the prior issuance of a conditional use permit or home occupation permit or license as required by the type of home occupation desired.
Any business must be registered with the State of Idaho to obtain an EIN number and the City of Rexburg.
Process Requirements
Submit Application
Payment of a permit fee
Regulation Compliance
CUP Process (If needed)
Permit Issued
b. Standard Regulations. All Home Occupations and Businesses, whether permitted or conditional, must adhere to the following standard regulations.
Accessory Uses. In all residential zones, home occupations in compliance with the following regulations are permitted as accessory uses.
Appearance. There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation.
Boss. The home occupation shall be conducted by the applicant, who shall reside on the premises.
Display. There shall be no display of products visible in any manner from the outside of the dwelling.
Impact. The home occupation shall not constitute a significant impact on neighborhoods.
In Dwelling or Accessory. A home occupation shall be conducted entirely within the dwelling or an accessory structure.
Interference. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations
in line voltage off the premises.
Nuisance. No equipment or process shall be used in a home occupation which creates noise, glare, vibration, or fumes, or odor detectable to the normal senses off the property.
Outside Storage. There shall be no storage of equipment, vehicles, or supplies associated with the home occupation outside the dwelling.
Public Utilities. No home occupation shall cause an increase in the use of any one or more public utilities (water, sewer, and garbage collection) so that the combined total use for
dwelling and home occupation purposes exceeds the average for residences in the neighborhood.
Signs. There shall be no visible evidence of the conduct of the home occupation other than one (1) non-illuminating sign not to exceed two (2) square feet in area mounted flat against
the dwelling.
Traffic. The use shall not create greater pedestrian or vehicular traffic than normal for the neighborhood.
Permitted Uses. Examples of home occupations permitted under this section shall include but not be limited to:
Permitted Uses Examples
Computer programming
Family child care may have up to five (5) children at any one time.
(The care of additional children shall constitute a Home Business.)
Home cooking, baking and preserving
Home crafts without on premise sales
Individual tutoring
Painting
Sculpturing
Secretarial service
Sewing and tailoring
Telephone solicitation work and answering services
Writing
Permitted Use Regulations. A home occupation, which meets the standard regulations and the following conditions shall be issued a permit by the City Clerk, upon application and payment
of a permit fee, provided that the home occupation is conducted by the applicant:
Advertising. No commercial telephone directory listing, newspaper, radio, or television service shall be used to advertise the location of a home occupation to the general public.
Area. A home occupation shall be conducted entirely within a dwelling and shall not occupy more than twenty (20%) percent of the floor area of the residence.
Delivery Services. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than vans regularly involved in commercial
delivery such as United Parcel Service, Federal Express, or the United States Postal Service greater than that of a standard residential home. The applicant may use his/her personal
vehicle, provided it does not exceed three quarter (3/4) ton, for deliveries.
Employees. No one other than members of the immediate family residing in the home shall be employed
in the conduct of a home occupation.
Instruction. If the home occupation is the type in which classes are held or instruction is given to more than one (1) person at a time, there shall be no more than five (5) students
or pupils in the dwelling unit or on the premises at any one time. No more than (2) two sessions shall be held daily.
Motors. No motor power other than electrically operated motors shall be used in connection with a home occupation. Home occupations shall not involve the use of electric motors of
more than three (3) h.p.
Parking. The use shall not require additional off-street parking spaces for clients or customers of the home occupation.
Conditional Uses. A home occupation which does not comply with the Permitted Uses above may be permitted in all residential zones only if a conditional use permit is secured. Such
home occupations shall comply with standard regulations and the following regulations:
Area. More than the equivalent of twenty-five (25%) percent of the floor area of the residence shall not be associated with the home occupation.
Delivery. The home occupation shall not involve the use of commercial vehicles with more than six (6) wheels for delivery of materials to or from the premises. Such deliveries would
exceed the normal delivery to a residential home. shall be limited to five (5) deliveries per (1) week.
Employees. No one other than the residents of the dwelling shall be employed in the conduct of the home occupation.
Hours. No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m.
Parking. The use shall not require more than two (2) additional off-street parking spaces for clients or customers of the home occupation. Such off-street parking shall not be provided
in the front yard unless on a pad existing prior to commencement of the home occupation.
Sales. Unless permitted under the conditional use review process, there shall be no sales of products or services not produced on the premises.
f. Violation of Standards. If a home occupation permittee violates any of the above standards as applicable, the home occupation permit may be revoked upon written notice to the applicant,
and the conduct of the home occupation shall cease.
g. Appeal. To contest a revocation, the applicant shall appeal to the Planning and Zoning Commission within fifteen (15) days of the date of the written notice.
h. Home Business Requirements. Home businesses are required to have a conditional use permit and business license. Home businesses must meet all the requirements of the previous Home
Occupations subsection with the following exceptions:
All Home Business applications require a Conditional Use Permit (CUP).
Home businesses are allowed only in all residential zones.
A home business may be allowed in up to twenty-five (25%) percent of the primary residence or
one-hundred (100%) percent of an accessory structure.
Up to four (4) non-related employees may be allowed.
4.00.050. Residential Design Standards
The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a
variety of building styles in the MDR and HDR Residential Zones.
Applicability. This section applies to all of the following types of buildings, and shall be applied during Site Plan Review for all uses except single-family detached, duplexes, and
twinhomes.
Standards. All buildings which are subject to this section shall comply with all of the following standards. Other building styles and designs can be used to comply, so long as they
are consistent with the text of this section. An architectural feature may be used to comply with more than one standard.
Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed one-hundred-sixty (160’) feet. All buildings
shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along
the vertical face of a structure, such features shall occur at a minimum of every fifty (50’) feet, and on each floor shall contain at least two (2) of the following features:
Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four (4’) feet;
Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two (2’) feet and runs horizontally for a minimum length of four (4’) feet; and/or
Offsets or breaks in roof elevation of two (2’) feet or greater in height.
Eyes on the Street. All building elevations visible from a street right-of-way shall provide doors, porches, balconies, and/or windows.
A minimum of forty (40%) percent of front (i.e., street-facing) elevations, and a minimum of twenty (20%) percent of side and rear building elevations, as applicable, shall meet this
standard. Trim, shutters, and other feature that are part of the items making up the requirement shall be included in the measurement.
The standard applies to each full and partial building story.
3. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least two (2) of the
following architectural features on all elevations, as appropriate for the proposed building type and style (features may vary on rear/side/front elevations):
Dormers
Gables
Recessed entries
Covered porch entries
Cupolas or towers
Pillars or posts
Off-sets in building face or roof (minimum sixteen (16”) inches)
Bay windows, box windows and window trim (minimum four (4”) inches wide)
Balconies
Decorative patterns on exterior finish
Decorative cornices and roof lines
Changes in exterior texture or color.
An alternative feature providing visual relief, similar to previous options
4.00.060. Parking in Residential Zones
The purpose of this section is to protect and enhance property value, to retain the open character of a residential zone, and to protect health and safety by regulating the parking of
vehicles within residential neighborhoods of the City.
Parking of Recreational Vehicles. No person shall park or allow the parking of any recreational vehicle in the clear sight triangles required by this Ordinance.
Residential front/side yard. In a residential zone, no person shall park or allow the parking of any recreational vehicle in any front yard or a side yard facing a public street for
a period of no more than four (4) consecutive days and a cumulative of thirty (30) days in a calendar year. (Ordinance No. 753.)
Parking of Automobiles.
No person shall park or allow the parking of any automobile, van, pickup truck, or motorcycle, or any other motor vehicle in any front yard located in a residential zone except in a
designated driveway.
Permeable Coverage. No more than forty (40%) percent of the front yard shall be covered with asphalt, or gravel.
Snow Suspension. The operation of this section shall be suspended during any period of a snow alert declared by the Mayor.
Sight Triangle. Parking areas shall not be constructed in the clear vision areas as vehicles are considered a temporary obstruction for vehicular traffic. (See “sight triangle” definition.)
c. Parking of Inoperable vehicle, boat or trailer. No person shall park any inoperable vehicle, boat, or trailer upon any street for a period of time longer than four (4) consecutive
days. Any such inoperable vehicle, boat or trailer moved from a parking spot and re-parked on the same street block-face within twenty-four (24) hours from the time of said removal
shall be deemed to have been continuously parked for the purposes of this section.
d. Storage of Commercial Vehicles and Manufactured Homes.
1. Commercial Vehicles. The storage of commercial vehicles with a gross vehicle weight rating (GVWR) exceeding eight thousand (8,000) pounds and construction equipment including but
not limited to bulldozers, graders, and cement mixers shall not be permitted upon private property in any residential zone except for a period not to exceed one (1) year in which a
building is being constructed thereon.
a) These vehicles cannot be parked on any residential streets, whether attended or unattended, for a period in excess of two (2) hours, except for the purpose of loading and unloading
passengers, materials or merchandise; for any purpose incident to any lawful construction project located within the immediate vicinity of such parked vehicles; for any purpose incident
to a lawful commercial operation located in any residential district within the immediate vicinity of such parked vehicles.
e. Manufactured Homes. Unoccupied mobile homes and manufactured homes shall not be stored upon private property in any residential zones.
f. Location of Residential Parking Spaces
1. Required parking for residential uses shall be provided on the subject lot or parcel when possible.
2. When not possible, required parking may be provided on a separate lot or parcel in the vicinity after the approval of a conditional use permit.
3. Parking for triplex or greater. When a single family home is converted to a triplex or greater, or is converted to dormitory (non-single family) housing, no parking spaces are permitted
within the required front yard.
4. Existing driveway + 2 Car garage. An existing driveway and two-car garage, when combined, may provide up to four (4) parking spaces per building.
5. No Garage. If no garage is present, then all parking spaces must be located outside of the front yard setback. All other parking areas that may be located within the front yard shall
be removed and restored to landscaping prior to the occupancy of the building.
6. Tandem parking is allowed for residential use where the tandem spaces are assigned to the same dwelling unit.
7. LDR1, LDR2 & LDR3 single-family structures shall be allowed one (1) required parking place (behind an existing space that is not in the front yard) within the setback area per dwelling,
in order to meet the parking requirement.
SECTION 4.1: RURAL RESIDENTIAL 1 (RR1)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.01.010. Purposes and Objectives
4.01.020. Permitted & Conditional Uses
4.01.030. Lot Area
4.01.040. Lot Width
4.01.045. Lot Depth
4.01.050. Lot Frontage
4.01.060. Prior Created Lots
4.01.070. Lot Configuration and Density
4.01.080. Yard Requirements
4.01.090. Setbacks and Rights-of-Way Exceptions
4.01.100. Building Height
4.01.110. Distance Between Buildings
4.01.120. Permissible Lot Coverage
4.01.130. Parking, Loading and Access
4.01.140. Project Plan Approval
4.01.150. Fencing and Screening
4.01.160. Other Requirement
4.01.010. Purpose and Objectives
The RR1 Zone is established to provide rural residential zoning for the development and protection of stable country neighborhoods. This area is compatible with detached single-family
dwellings, ample off-street parking with landscaped lawns, low building heights, low traffic volumes, and low nuisance potential reflecting a rural isolated atmosphere.
4.01.020. Permitted & Conditional Uses
Permitted Principal Uses. The following principal uses and structures indicated as “P”, and no others, shall be permitted in the RR1 zone. The following uses and structures indicated
as “CUP” may be permitted in the RR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
RURAL RESIDENTIAL 1
Resource Production
Agriculture
P
Residential
Accessory Apartment
Manufactured – House on permanent foundation (>24’ wide)
Single-family Dwelling
CUP
P
P
Group Housing
Boarding Houses (See 3.02.160.)
Group Home (Disabled & Elderly; under 8 residents)
P
P
Care Facilities
Assisted and Residential Care Facility
Day Care Centers
CUP
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
CUP
CUP
Outdoor Recreation
Ice Skating
Parks and Playgrounds, Skate Parks
Pools
Tennis Courts
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.080.)
CUP
Cemeteries
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
Permitted Accessory Uses. (See 3.02.070., 4.00.040.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the
permitted principal use or structure.
b. Animals.
Household pets are allowed.
No more than two (2) domestic livestock for each (1) acre shall be allowed.
4.01.030. Lot Area
The area of any lot or parcel of land in the RR1 zone is one (1) acre to five (5) acres.
4.01.040. Lot Width
The minimum lot width in the RR1 zone is one hundred fifty (150’) feet.
4.01.045. Lot Depth
The minimum lot depth in the RR1 zone is one-hundred fifty (150’) feet.
4.01.050. Lot Frontage
Each lot or parcel of land in the RR1zone shall abut a public street for a distance of thirty (30’) feet on a line parallel to the centerline 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.
4.01.060. Prior Created Lots (See 3.03.070.c.)
4.01.070. Lot Configuration and Density
One (1) single-family dwelling may be placed on a lot or parcel of land in the RR1 zone.
4.01.080. Yard Requirements
The following minimum yard requirements shall apply in the RR1 zone:
Front Yard. Each lot or parcel in the RR1 zone shall have a minimum front yard of at least forty (40’) feet from the front property line or seventy (70’) feet from the centerline of
the road, whichever is greater.
Rear Yard. The minimum depth of a rear yard shall be thirty (30’) feet.
Side Yard. Each lot or parcel of land in the RR1 zone shall have a side yard of not less than ten (10’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever
is greater.
d. Accessory Buildings. (See 3.02.070.b.)
4.01.090. Setbacks and Right-Of-Way Exceptions (See 3.02.050., 3.02.090., 4.00.030.)
4.01.100. Building Height
No lot or parcel of land in the RR1 zone shall have a building or structure, which exceeds a maximum height of twenty-five (25’) feet, measured at the top of building’s horizontal wall.
4.01.110. Distance Between Buildings (See 3.02.060)
4.01.120. Permissible Lot Coverage
Building Coverage. In an RR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than fifty (50%)
percent of the lot or parcel of land.
4.01.130. Parking, Loading and Access (See section 3.04, 4.00.060.)
a. Direct Access Restricted Roads. The Madison County Commission together with the Rexburg City Council shall designate certain roads and streets located within the City of Rexburg’s
Impact Area as Direct Access Restricted Roads.
1. No lot or parcel of ground adjoining such designated roads or streets shall have direct access to such road without the prior approval of the Rexburg Planning and Zoning Commission.
2. Access to and from said lots or parcels shall be by roads, streets or frontage roads, which have been approved by the Rexburg Planning and Zoning Commission.
3. Said lots or parcels shall comply with the following requirements:
a) Reverse Frontage. Such lots shall reverse frontage on the designated direct accesses restricted road.
b) Buffering. Such lots shall be buffered from the direct access restricted road by any effective
combination of the following: lot depth, earth berms, vegetation, walls or fences, and structural sound proofing.
c) Minimum Lot Depth. The minimum lot depth shall be two-hundred (200’) feet except where the use of berms, vegetation and structures can be demonstrated to constitute an effective
buffer for a dwelling on a lot less than two hundred (200’) feet in depth.
d) Existing Trees. Whenever practical, existing roadside trees shall be saved and used in the arterial buffer.
e) Maintenance. Site plans, subdivision requirements, and annexation and development agreements, shall include provision for installation and continued maintenance of all buffers
and compliance with all city and county ordinances applicable within the city impact area.
4.01.140. Project Plan Approval (See 3.02.130.)
4.01.150. Fencing (See 3.02.110.)
4.01.160. Other Requirements
a. Highway 20 Corridor. (See 3.02.100.e.)
b. Curb and Gutter. Installation of curb and gutter or a drainage facility must be approved in advance by the City Engineer.
c. The City of Rexburg right-of-way width is dictated by City Engineering Standards.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
e. Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
SECTION 4.2: RURAL RESIDENTIAL 2 (RR2)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.02.010. Purposes and Objectives
4.02.020. Permitted & Conditional Uses
4.02.030. Lot Area
4.02.040. Lot Width
4.02.045. Lot Depth
4.02.050. Lot Frontage
4.02.060. Prior Created Lots
4.02.070. Lot Configuration and Density
4.02.080. Yard Requirements
4.02.090. Setbacks and Rights-of-Way Exceptions
4.02.100. Building Height
4.02.110. Distance Between Buildings
4.02.120. Permissible Lot Coverage
4.02.130. Parking, Loading and Access
4.02.140. Project Plan Approval
4.02.150. Fencing and Screening
4.02.160. Other Requirements
4.02.010. Purpose and Objectives
The RR2 Zone is established to provide rural residential zoning for the development and protection of stable country neighborhoods. Conditional Uses in this area shall be compatible
with detached single-family dwellings, ample off-street parking with landscaped lawns, low building heights, low traffic volumes, and low nuisance potential reflecting a rural isolated
atmosphere. This zoning may be applied in areas where traffic flow is limited primarily to local area residents and where the expansion of transportation to areas adjacent to the zone
is not anticipated.
4.02.020. Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the RR2 zone. The following uses and structures indicated as “CUP” may be permitted
in the RR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
RURAL RESIDENTIAL 2
Resource Production
Agriculture
P
Accessory
Accessory Apartment
Accessory Building
CUP
P
Residential
Manufactured – House on permanent foundation (>24’ wide)
Single-family Dwelling
P
P
Group Housing
Boarding Houses (See 3.02.160.)
Group Home (Disabled & Elderly; under 8 residents)
P
P
Care Facilities
Assisted and Residential Care Facility
Day Care Centers
CUP
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
CUP
CUP
Outdoor Recreation
Ice Skating
Parks and Playgrounds, Skate Parks
Pools
Tennis Courts
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.040.)
CUP
Cemeteries
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
Permitted & Conditional Accessory Uses. (See 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character
of, the permitted principal use or structure.
Accessory
Detached Non-family Accessory Apartment for Profit
Accessory Building
CUP
P
4.02.030. Lot Area
The minimum area of any lot or parcel of land in the RR2 zone is ½ acre (21,780 sq. ft.).
4.02.040. Lot Width
The minimum lot width in the RR2 zone is one hundred twenty (120’) feet.
4.02.045. Lot Depth
The minimum lot depth in the RR2 zone is one hundred forty (140’) feet.
4.02.050. Lot Frontage
Each lot or parcel of land in the RR2 zone shall abut a public street for a minimum distance of thirty (30’) 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.
4.02.060. Prior Created Lots (See 3.03.070.c.)
4.02.070. Lot Configuration and Density
One (1) single-family dwelling may be placed on a lot or parcel of land in the RR2 zone.
4.02.080. Yard Requirements
The following minimum yard requirements shall apply in the RR2 zone:
Front Yard. Each lot or parcel in the RR2 zone shall have a minimum front yard of at least twenty-
five (25’) feet from right-of-way.
Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
Side Yard. Each lot or parcel of land in the RR2 zone shall have a side yard of at least six (6’) feet or six
(6”) inches of setback for every (1’) foot of building height, whichever is greater.
Accessory Buildings. (See 3.02.070.b.)
4.02.090. Setbacks and Rights-of-Way Exceptions (See 3.02.050., 3.02.090., 4.00.030.)
4.02.100. Building Height
No lot or parcel of land in the RR2 zone shall have a building or structure which exceeds a maximum height of twenty-five (25’) feet, measured at the top of building’s horizontal wall.
Accessory Buildings. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.
4.02.110. Distance Between Buildings (See 3.02.060.)
4.02.120. Permissible Lot Coverage
Building Coverage. All buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy (70%) percent of the
area of the lot or parcel of land.
Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping.
Impervious Surface. On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%)
percent of one (1) side yard.
4.02.130. Parking, Loading and Access (See section 3.04, 4.00.060.)
b. Direct Access Restricted Roads. (See 4.01.130a.)
4.02.140. Project Plan Approval (See 3.02.130.)
4.02.150. Fencing (See 3.02.110.)
4.02.160. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
The City of Rexburg right-of-way width is dictated by City Engineering Standards.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
INTENTIONALLY LEFT BLANK
SECTION 4.3: LOW DENSITY RESIDENTIAL 1 (LDR1)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.03.010. Purposes and Objectives
4.03.020. Permitted & Conditional Uses
4.03.030. Lot Area
4.03.040. Lot Width
4.03.045. Lot Depth
4.03.050. Lot Frontage
4.03.060. Prior Created Lots
4.03.070. Lot Configuration and Density
4.03.080. Yard Requirements
4.03.090. Setbacks and Rights-of-Way Exceptions
4.03.100. Building Height
4.03.110. Distance Between Buildings
4.03.120. Permissible Lot Coverage
4.03.130. Parking, Loading and Access
4.03.140. Project Plan Approval
4.03.150. Fencing
4.03.160. Signs
4.03.170. Other Requirements
4.03.010. Purposes and Objectives
The LDR1 zone is established to protect stable neighborhoods of detached single-family dwellings on larger lots. The limited conditional uses allowed in this district shall be compatible
with an atmosphere of large, landscaped lawns, low building heights, ample setbacks and side yards, predominantly off street parking, low traffic volumes, and low nuisance potentials.
4.03.020. Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LDR1 zone. The following uses and structures indicated as “CUP” may be permitted
in the LDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 1
Residential
Single-family Dwelling - detached
P
Group Housing
Boarding Houses (See 3.02.160.)
Group Home (Disabled & Elderly; under 8 residents)
P
P
Care Facilities
Hospitals
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Schools
CUP
Outdoor Recreation
Athletic Fields
Golf Courses
Parks and Playgrounds, Skate Parks
Recreation Centers
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.040.)
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
Permitted Accessory Uses. (See 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the
permitted principal use or structure.
4.03.030. Lot Area
The minimum area of any lot or parcel of land in the LDR1 zone is twelve thousand (12,000) square feet.
4.03.040. Lot Width
Each lot or parcel of land in the LDR1 zone shall have a width of no less than eighty (80’) feet.
4.03.045. Lot Depth
Each lot or parcel of land shall have a minimum of sixty (60’) feet.
4.03.050. Lot Frontage
Each lot or parcel of land in the LDR1 zone shall abut a public street for a minimum distance of thirty-five (35’) feet, on a line parallel to the centerline 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. Private drives are allowed as per review by
the Zoning Administrator or designee.
4.03.060. Prior Created Lots (See 3.03.070.c.)
4.03.070. Lot Configuration and Density
Not more than one (1) single-family dwelling shall be placed on a lot or parcel of land in the LDR1 zone.
4.03.080. Yard Requirements
The following minimum yard requirements shall apply in the LDR1 zone:
Front Yard. Each lot or parcel in the LDR1 zone shall have a minimum front yard of at least
twenty-five (25’) feet from right-of-way.
1. Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way.
Rear Yard. The minimum depth of a rear yard shall be twenty-five (25’) feet.
c. Side Yard. Each lot or parcel of land in the LDR1 zone shall have a side yard of at least seven and one-half (7½’) feet or six (6”) inches of setback for every (1’)
foot of building height, whichever is greater.
d. Accessory Building Setbacks. (See 3.02.070.b.)
4.03.090. Setbacks and Right-of-Way Exceptions (See 3.02.050 and 3.02.090.)
4.03.100. Building Height
No lot or parcel of land in the LDR2 zone shall have a building or structure, which exceeds a maximum height of thirty (30’) feet, measured at the top of building’s horizontal wall.
Accessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.
4.03.110. Distance Between Buildings (See 3.02.060.)
4.03.120. Permissible Lot Coverage
Building Coverage. In an LDR1 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than seventy (70%) percent of the area of the lot or parcel of land.
Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping.
Impervious Surface. On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%)
percent of one (1) side yard.
4.03.130. Parking, Loading, and Access (See 3.04, 4.00.060.)
4.03.140. Project Plan Approval (See 3.02.130.)
4.03.150. Fencing (See 3.02.110.)
4.03.160. Signs
Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the LDR1 zone.
Temporary. Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease, or rent of the particular building, property, or premises upon which
displayed, and no other.
Points of Interest. Signs or monuments identifying points of interest or sites of historic significance. The site, size and design of said signs or monuments, shall be specifically
approved by the Zoning Administrator or Designee.
Residence Signs. (See 3.05.100.c.)
4.03.170. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
The City of Rexburg right-of-way width is dictated by City Engineering Standards.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
INTENTIONALLY LEFT BLANK
SECTION 4.4: LOW DENSITY RESIDENTIAL 2 (LDR2)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.04.010. Purposes and Objectives
4.04.020. Permitted & Conditional Uses
4.04.030. Lot Area
4.04.040. Lot Width
4.04.045. Lot Depth
4.04.050. Lot Frontage
4.04.060. Prior Created Lots
4.04.070. Lot Configuration Density
4.04.080. Yard Requirements
4.04.090. Setbacks and Rights-of-Way Exceptions
4.04.100. Building Height
4.04.110. Distance Between Buildings
4.04.120. Permissible Lot Coverage
4.04.130. Parking, Loading and Access
4.04.140. Project Plan Approval
4.04.150. Fencing
4.04.160. Signs
4.04.170. Other Requirements
4.04.010. Purpose and Objectives
The LDR2 zone is established to protect stable neighborhoods of detached single-family dwellings on medium-sized lots. The conditional uses allowed in this district shall be compatible
with single-family homes on landscaped lawns, low building heights, predominantly off-street parking, low traffic volumes, and low nuisance potential.
4.04.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LDR2 zone. The following uses and structures indicated as “CUP” may be permitted
in the LDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 2
Residential
Duplex*
Single-family Dwelling
Manufactured – House on permanent foundation (>24’ wide)
Twin Home*
P
P
P
P
Group Housing
Boarding Houses (See 3.02.160.)
Group Home (Disabled & Elderly; under 8 residents)
P
P
Care Facilities
Assisted and Residential Care Facility
Hospitals
CUP
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
CUP
CUP
Outdoor Recreation
Athletic Fields
Golf Courses (w/Country Club)
Ice Skating
Parks and Playgrounds, Skate Parks
Pools (Stand-Alone)
Recreation Centers
Tennis Courts
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.040.)
Libraries
CUP
CUP
Cemeteries
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
*For Twin Homes and Duplexes, a review is required that addresses neighborhood compatibility for parking, screening, lighting, landscaping or other concerns to be approved by the Zoning
Administrator or designee.
Permitted Accessory Uses. (See 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the
permitted principal use or structure.
4.04.030. Lot Area
The minimum area of any lot or parcel of land in the LDR2 zone is eight thousand (8,000) sq. ft.
b. A duplex requires a minimum 10,000 sq. ft. lot.
c. A twin home requires two 5,000 sq. ft. lots.
4.04.040. Lot Width
The minimum lot width in the LDR2 zone is fifty (50’) feet.
A twin home minimum lot width is sixty (60’) feet (combined for both lots).
4.04.045. Lot Depth
The minimum lot depth in the LDR2 zone is sixty (60’) feet.
4.04.050. Lot Frontage
Each lot or parcel of land in the LDR2 zone shall abut a public street for a minimum distance of twenty (20’) 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.
Private Drives are allowed as per review by the Zoning Administrator or Designee.
4.04.060. Prior Created Lots (See 3.03.070.c.)
4.04.070. Lot Configuration and Density
One (1) single-family dwelling unit may be placed on a parcel or lot may be placed on a lot or parcel of land in the LDR2 zone.
No more than two (2) dwelling units in any one (1) structure.
4.04.080. Yard Requirements
The following minimum yard requirements shall apply in the LDR2 zone:
Front Yard. Each lot or parcel in the LDR1 zone shall have a minimum front yard of at least
twenty-five (25’) feet from right-of-way.
1. Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way.
Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
Side Yard. Each lot or parcel of land in the LDR2 zone shall have a side yard of at least five (5’) feet.
Accessory Buildings. (See 3.02.070.b.)
4.04.090. Setbacks and Right-of-Way Exceptions (See 3.02.090., 3.02.050., 4.00.030.)
Side-Yard Projections. No projection is allowed in a required side yard.
Box or Bay Windows. Box or Bay Windows provided they are not wider than eight (8’) feet may be projected up to one (1’) foot in a front yard and up to two (2’) feet in a rear yard.
shall not project into a side yard.
4.04.100. Building Height
No lot or parcel of land in the LDR2 zone shall have a building or structure, which exceeds a maximum height of thirty (30’) feet, measured at the top of building’s horizontal wall.
Accessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.
4.04.110. Distance Between Buildings (See 3.02.060.)
4.04.120. Permissible Lot Coverage
Building Coverage. In an LDR2 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than seventy (70%) percent of the area of the lot or parcel of land.
Landscaping.
At least thirty (30%) percent of the area of any lot shall be maintained in landscaping.
Impervious Surface. On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%)
percent of one (1) side yard.
4.04.130. Parking, Loading and Access (See section 3.04, 4.00.060.).
4.04.140. Project Plan Approval (See 3.02.130.)
4.04.150. Fencing (See 3.02.110.)
4.04.160. Signs
Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the LDR2 zone.
Temporary. Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease, or rent of the particular building, property, or premises upon which
displayed, and no other.
Points of Interest. Signs or monuments identifying points of interest or sites of historic significance. The site, size, and design of said signs or monuments, shall be specifically
approved by the Zoning Administrator or Designee.
Residence Signs. (See 3.05.100.c.)
4.03.170. Other Requirements
The City of Rexburg right of way width is dictated by City Engineering Standards.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
INTENTIONALLY LEFT BLANK
SECTION 4.5: LOW DENSITY RESIDENTIAL 3 (LDR3)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.05.010. Purposes and Objectives
4.05.020. Permitted & Conditional Uses
4.05.030. Lot Area
4.05.040. Lot Width
4.05.045. Lot Depth
4.05.050. Lot Frontage
4.05.060. Prior Created Lots
4.05.070. Lot Configuration and Density
4.05.080. Yard Requirements
4.05.090. Setbacks and Rights-of-Way Exceptions
4.05.100. Building Height
4.05.110. Distance Between Buildings
4.05.120. Permissible Lot Coverage
4.05.130. Parking, Loading and Access
4.05.140. Project Plan Approval
4.05.150. Fencing
4.05.160. Signs
4.05.170. Other Requirements
4.05.010. Purposes and Objectives
The LDR3 zone is established to protect stable neighborhoods of detached single-family dwellings on smaller lots. The conditional uses allowed in this district shall be compatible with
single-family homes on landscaped lawns, low building heights, predominantly off-street parking, low traffic volumes, and low nuisance potential.
4.05.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LDR3 zone. The following uses and structures indicated as “CUP” may be permitted
in the LDR3 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 3
Residential
Duplex*
Single-family Dwelling
Manufactured – House on permanent foundation (>24’ wide)
Twin Home*
P
P
P
P
Group Housing
Boarding Houses (See 3.02.160.)
Group Home (Disabled & Elderly; under 8 residents)
P
P
Care Facilities
Assisted and Residential Care Facility
Hospitals
CUP
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
CUP
CUP
Outdoor Recreation
Athletic Fields
Golf Courses (w/Country Club)
Ice Skating
Parks and Playgrounds, Skate Parks
Pools (Stand-Alone)
Recreation Centers
Tennis Courts
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.040.)
Libraries
CUP
CUP
Cemeteries
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
*For Twin Homes and Duplexes, a review is required that addresses neighborhood compatibility for parking, screening, lighting, landscaping or other concerns to be approved by the Zoning
Administrator or designee.
Permitted Accessory Uses. (See 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the
permitted principal use or structure.
4.05.030. Lot Area
The minimum lot area on any parcel of land in the LDR3 zone is six thousand (6,000) square feet.
A Duplex requires a minimum 8,000 square feet lot.
A Twin Home requires two 4,000 square feet lots.
4.05.040. Lot Width
Each lot or parcel of land in the LDR3 zone, except corner lots, shall have a width of not less than fifty (50’) feet.
A Twin Home minimum width is sixty (60’) feet (combined for both lots).
4.05.045. Lot Depth
Each lot or parcel of land in the LDR3 zone, except corner lots, shall have a depth of not less than sixty (60’) feet.
4.05.050. Lot Frontage
Each lot or parcel of land in the LDR3 zone shall abut a public street for a minimum distance of twenty (20’) 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.
Private Drives are allowed as per review by the Zoning Administrator.
4.05.060. Prior Created Lots (See 3.03.070.c.)
4.05.070. Lot Configuration and Density
One (1) single-family dwelling unit may be placed on a parcel of land or lot in the LDR3 zone.
No more than two (2) dwelling units in any one (1) structure.
The maximum density permitted in this district is eight (8) dwelling units per acre.
4.05.080. Yard Requirements
The following minimum yard requirements shall apply in the LDR3 zone:
Front Yard. Each lot or parcel in the LDR3 zone shall have a minimum front yard of at least
twenty-five (25’) feet from right-of-way.
1. Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way.
Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
Side Yard. Each lot or parcel of land in the LDR3 zone shall have a side yard of at least five (5’) feet.
Accessory Buildings. (See 3.02.070.b.)
4.05.090. Setbacks and Rights-of-Way Exceptions (See 3.02.050., 3.02.090., 4.00.030.)
Side-Yard Projections. No projections are allowed in a required side yard.
Box or Bay Windows. Box or Bay Windows provided they are not wider than eight (8’) feet may project up to one (1’) foot in a front yard and up to two (2’) feet in a rear yard.
4.05.100. Building Height
No lot or parcel of land in the LDR3 zone shall have a building or structure which exceeds a maximum height of thirty (30’) feet, measured at the top of the building’s horizontal wall.
b. Accessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.
4.05.110. Distance Between Buildings (See 3.02.060.)
4.05.120. Permissible Lot Coverage
Building Coverage. In an LDR3 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than seventy (70%) percent of the area of the lot or parcel of land.
Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping.
Impervious Surface. On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%)
percent of one (1) side yard.
4.05.130. Parking, Loading and Access (See section 3.04, 4.00.060.)
4.05.140. Project Plan Approval (See 3.02.130.)
4.05.150. Fencing (See 3.02.110.)
4.05.160. Signs
Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the LDR3 zone.
Temporary. Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease, or rent of the particular building, property, or premises upon which
displayed, and no other.
Points of Interest. Signs or monuments identifying points of interest or sites of historic significance. The site, size, and design of said signs or monuments, shall be specifically
approved by the Zoning Administrator or designee.
Residence Signs. (See 3.05.100.c.)
4.05.170. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
The City of Rexburg right of way width is dictated by City Engineering Standards.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
INTENTIONALLY LEFT BLANK
SECTION 4.6: MEDIUM DENSITY RESIDENTIAL 1 (MDR1)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.06.010. Purposes and Objectives
4.06.020. Permitted & Conditional Uses
4.06.030. Lot Area
4.06.040. Lot Width
4.06.045. Lot Depth
4.06.050. Lot Frontage
4.06.060. Prior Created Lots
4.06.070. Lot Configuration and Density
4.06.080. Yard Requirements
4.06.090. Setbacks and Rights-of-Way Exceptions
4.06.100. Building Height
4.06.110. Distance Between Buildings
4.06.120. Permissible Lot Coverage
4.06.130. Parking, Loading and Access
4.06.140. Project Plan Approval
4.06.150. Fencing
4.06.160. Residential Design Standards
4.06.170. Other Requirements
4.06.010. Purposes and Objectives
The MDR1 zone is established to protect stable neighborhoods of detached single-family dwellings on smaller lots and multi-family housing. Restoration or rehabilitation of older homes
in this district shall be encouraged. Conditional uses shall be compatible with an atmosphere of low building heights, low traffic volumes, ample off-street parking, and low nuisance
potentials at a higher density than LDR zones.
4.06.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the MDR1 zone. The following uses and structures indicated as “CUP” may be permitted
in the MDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
MEDIUM DENSITY RESIDENTIAL 1
Residential
Duplex
Single-family Dwelling
Manufactured – House on permanent foundation (>24’ wide)
Twin Home
P
P
P
P
Group Housing
Bed and Breakfast Inn (See 3.02.160.)
Boarding Houses (See 3.02.160.)
Group Home (Disabled & Elderly; under 8 residents)
Dormitory, Fraternity, Sorority
Mobile Home Courts and Subdivisions
Multiple-Family
Residential Facility for Elderly Persons (greater than 8 residents)
Short-Term Rental (See 3.02.160.)
Townhome
P
P
P
CUP
CUP
P
CUP
P
P
Care Facilities
Assisted and Residential Care Facility
Day Care Centers
Hospitals
CUP
P
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
P
CUP
Outdoor Recreation
Athletic Fields
Golf Courses (w/Country Club)
Ice Skating
Parks and Playgrounds, Skate Parks
Pools
Recreation Centers
Tennis Courts
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.040.)
Libraries
CUP
CUP
Separate Parking Lots
CUP
Cemeteries
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
Permitted Accessory Uses. (See 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the
permitted principal use or structure.
4.06.030. Lot Area
The minimum lot area of any parcel of land in the MDR1 zone is:
four thousand, five hundred (4,500) sq. ft. for an individual unit
six thousand (6,000) sq. ft. for a duplex or twin home.
For 3 units or larger, apply the density requirement in 4.06.070.
4.06.040. Lot Width
The minimum lot width in the MDR1 zone is sixty (60’) feet.
a. Exception. A single-dwelling unit has a minimum lot width of fifty (50’) feet.
4.06.045. Lot Depth
The minimum lot depth in the MDR1 zone is sixty (60’) feet.
4.06.050. Lot Frontage
Each lot or parcel of land in the MDR1 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. Private Drives are allowed as per review by the Zoning Administrator or designee.
4.06.060. Prior Created Lots (See 3.03.070.c.)
4.06.070. Lot Configuration and Density
Without a Planned Unit Development (PUD), developments shall not exceed a density of sixteen (16) units per acre.
4.06.080. Yard Requirements
The following minimum yard requirements shall apply in the MDR1 zone:
Front Yard. Each lot or parcel in the MDR1 zone shall have a minimum front yard of at least twenty-five (25’) feet from right-of-way.
1. Reduced Front Yard Setback. When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’)
feet from right-of-way.
2. Reduced Front Yard Setback. If all parking spaces are located behind the building, the front yard setback may be reduced to fifteen (15’) feet.
Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
Side Yard.
Each lot or parcel of land in the MDR1 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever is greater.
2. Reduced Side Yard Setback. A setback of ten (10’) feet shall be allowed within side yards that abut other MDR zones, HDR zones, Commercial zones, or Mixed-Use zones, regardless of
building height.
Infill/Redevelopment Setbacks. Setbacks are increased as per Chapter 10 Infill/Redevelopment Projects.
Accessory Buildings. (See 3.02.070.b.)
4.06.090. Setbacks and Right-of-Way Exceptions (See 3.02.050., 3.02.090., 4.00.030.)
4.06.100. Building Height
No lot or parcel of land in the MDR1 zone shall have a building or structure, which exceeds a maximum height of forty (40’) feet measured at the top of building’s horizontal wall.
LDR. If the development is adjacent to a Low Density Residential Zone (LDR), the maximum building height (for buildings adjacent to the LDR zone) shall be no greater than thirty (30’)
feet.
Accessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.
Gables and dormers are not included in height calculations unless their addition raises the overall peak height.
4.06.110. Distance Between Buildings (See 3.02.060.)
4.06.120. Permissible Lot Coverage
Building Coverage. In an MDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy (70%)
percent of the area of the lot or parcel of land.
b. Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping.
c. Impervious Surface. On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, and one hundred (100%) percent of one (1) side yard.
4.06.130. Parking, Loading and Access (See 3.04, 4.00.060.)
Sidewalk 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).
4.06.140. Project Plan Approval. (See 3.02.130.)
4.06.150. Fencing (See 3.02.110.)
4.06.160. Residential Design Standards (See 4.00.050.)
4.06.170. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
Infill/Redevelopment Buffering. Buffering is increased as per section 10.1 for Infill/Redevelopment projects.
Lighting Standards are applicable as described in Section 3.6.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
SECTION 4.7: MEDIUM DENSITY RESIDENTIAL 2 (MDR2)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.07.010. Purposes and Objectives
4.07.020. Permitted & Conditional Uses
4.07.030. Lot Area
4.07.040. Lot Width
4.07.045. Lot Depth
4.07.050. Lot Frontage
4.07.060. Prior Created Lots
4.07.070. Lot Configuration and Density
4.07.080. Yard Requirements
4.07.090. Setbacks and Rights-of-Way Exceptions
4.07.100. Building Height
4.07.110. Distance Between Buildings
4.07.120. Permissible Lot Coverage
4.07.130. Parking, Loading and Access
4.07.140. Project Plan Approval
4.07.150. Fencing
4.07.160. Residential Design Standards
4.07.170. Other Requirements
4.07.010. Purposes and Objectives
The Medium Density Residential 2 (MDR2) zone is established to act as a buffer between single-family dwellings and non-single-family zones. Restoration or rehabilitation of older homes
in this district shall be encouraged. MDR2 shall have an atmosphere consistent with low traffic volumes, ample off-street parking, and lower nuisance potentials than higher density
zoning.
4.07.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the MDR2 zone. The following uses and structures indicated as “CUP” may be permitted
in the MDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
MEDIUM DENSITY RESIDENTIAL 2
Residential
Duplex
Single-family Dwelling
Manufactured – House on permanent foundation (>24’ wide)
Twin Home
P
P
P
P
Group Housing
Bed and Breakfast Inn (See 3.02.160)
Boarding Houses (See 3.02.160)
Group Home (Disabled & Elderly; under 8 residents)
Dormitory, Fraternity, Sorority (up to 10 units/building)
Mobile Home Courts and Subdivisions
Multiple-Family
Residential Facility for Elderly Persons (greater than 8 residents)
Short-Term Rental (See 3.02.160)
Townhome
P
P
P
CUP
CUP
P
CUP
P
P
Care Facilities
Assisted and Residential Care Facility
Day Care Centers
Hospitals
CUP
P
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
P
CUP
Outdoor Recreation
Athletic Fields
Golf Courses (w/Country Club)
Ice Skating
Parks and Playgrounds, Skate Parks
Pools
Recreation Centers
Tennis Courts
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.040.)
Libraries
Limited Home Occupation (See 4.00.040.)
CUP
CUP
P
Separate Parking Lots
CUP
Cemeteries
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
a. Permitted Accessory Uses. (See 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of,
the permitted principal use or structure.
4.07.030. Lot Area
a. The minimum lot area of any parcel of land in the MDR2 zone is four thousand, five-hundred (4,500) square feet for an individual unit.
b. Duplex or Twin Home. The minimum lot area of a parcel of land in the MDR2 zone is six thousand (6,000) square feet for a duplex or twin home.
c. For 3 units or larger, apply the density requirement in 4.07.070.
4.07.040. Lot Width
The minimum lot width in the MDR2 zone is sixty (60’) feet.
4.07.045. Lot Depth
The minimum lot depth in the MDR2 zone is sixty (60’) feet.
4.07.050. Lot Frontage
Each lot or parcel of land in the MDR 2 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 approved 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. Private Drives are allowed as per review by the Zoning Administrator or designee.
4.07.060. Prior Created Lots (See 3.03.070.c.)
4.07.070. Lot Configuration and Density
Without a Planned Unit Development (PUD), development shall not exceed a density of twenty (20) units per (1) acre.
4.07.080. Yard Requirements
The following minimum yard requirements shall apply in the MDR2 zone:
Front Yard. Each lot or parcel in the MDR2 zone shall have a minimum front yard of at least twenty-five (25’) feet from right-of-way.
1. Front Yard Reduced Setback. When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’)
feet from right-of-way.
2. Reduced Setback for Parking. The Planning and Zoning Commission may allow a reduction of the front yard setback to fifteen (15’) feet if all parking spaces are located behind the
building.
Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
Side Yard. Each lot or parcel of land in the MDR2 zone shall have a side yard of not less than six (6’) feet or six (6”) inches of setback for every foot of building height, whichever
is greater.
Side Yard Reduced Setback. A setback of ten (10’) feet shall be allowed within side yards that abut other MDR zones, HDR zones, Commercial zones, or Mixed-Use zones, regardless of building
height.
Infill/Redevelopment Setbacks. (See Chapter 10.)
e. Accessory Buildings. (See 3.02.070.b.)
4.07.090. Setbacks and Right-of-Way Exceptions (See 3.02.050., 3.02.090., 4.00.030.)
4.07.100. Building Height
No lot or parcel of land in the MDR2 zone shall have a building or structure, which exceeds a maximum
height of forty (40’) feet, measured at the top of building’s horizontal wall.
b. LDR. If the development is adjacent to a Low Density Residential Zone (LDR), the maximum building height (for buildings adjacent to the LDR zone) shall be no greater than thirty
(30’) feet.
c. Accessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.
d. Gables and dormers are not included in the height calculation unless their addition raises the overall peak height of the building.
4.07.110. Distance Between Buildings (See 3.02.060.)
4.07.120. Permissible Lot Coverage
Building Coverage. In an MDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than eighty (80%)
percent of the area of the lot or parcel of land.
b. Landscaping. At least twenty (20%) percent of the area of any lot shall be maintained in landscaping.
c. Impervious Surface. On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred
(100%) percent of one (1) side yard.
4.07.130. Parking, Loading and Access (See 3.04, 4.00.060.)
Sidewalk 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).
4.07.140. Project Plan Approval (See 3.02.130.)
4.07.150. Fencing (See 3.02.110.)
4.07.160. Residential Design Standards (See 4.00.050.)
4.07.170. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
Infill/Redevelopment Buffering. Buffering is increased as per section 10.1 for Infill/Redevelopment projects.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
Residential Lighting Standards are applicable as described in Section 3.6.
SECTION 4.8: HIGH DENSITY RESIDENTIAL 1 (HDR1)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.08.010. Purposes and Objectives
4.08.015 Streets
4.08.020. Permitted & Conditional Uses
4.08.030. Lot Area
4.08.040. Lot Width
4.08.045. Lot Depth
4.08.050. Lot Frontage
4.08.060. Prior Created Lots
4.08.070. Lot Configuration and Density
4.08.080. Yard Requirements
4.08.090. Setbacks and Rights-of-Ways
4.08.100. Building Height
4.08.110. Distance Between Buildings
4.08.120. Permissible Lot Coverage
4.08.130. Parking, Loading and Access
4.08.140. Project Plan Approval
4.08.150. Buffers and Fencing
4.08.160. Residential Design Standards
4.08.170. Pedestrian Emphasis District
4.08.180. Other Requirements
4.08.010. Purposes and Objectives
The HDR1 zone is established to provide higher density residential housing areas served by collector and arterial streets. The zone shall be characterized by dwellings for three (3)
or more families, dormitory housing, ample off-street parking, higher traffic volumes, proximity to BYUI, other traffic generators and low nuisance potential.
4.08.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the HDR1 zone. The following uses and structures indicated as “CUP” may be permitted
in the HDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
HIGH DENSITY RESIDENTIAL 1
Residential
Duplex
Single-family Dwelling
Manufactured – House on permanent foundation (>24’ wide)
P
CUP
CUP
Group Housing
Bed and Breakfast Inn (See 3.02.160)
Boarding Houses (See 3.02.160)
Disabled Persons Residential Facility
Dormitory, Fraternity, Sorority
Group Home (Disabled & Elderly; under 8 residents)
Mobile Home Courts and Subdivisions
Multi-Family
Residential Facility for Elderly Persons
Short-Term Rental (See 3.02.160)
P
P
P
CUP
P
P
P
P
P
Care Facilities
Assisted and Residential Care Facility
Day Care Centers
Hospitals
P
P
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
P
CUP
Outdoor Recreation
Athletic Fields
Golf Courses (w/Country Club)
Ice Skating
Parks and Playgrounds, Skate Parks
Pools
Recreation Centers
Tennis Courts
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.040.)
Libraries
CUP
CUP
Automobile Parking Lots and Garages
Separate Parking Lots
CUP
CUP
Cemeteries
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
b. Permitted Accessory Uses. (See 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of,
the permitted principal use or structure.
4.08.030. Lot Area
a. The minimum lot area on any parcel of land in the HDR1 zone is six thousand (6,000) sq. ft.
b. Triplex. Seven thousand, five hundred (7,500) sq. ft. is needed for a triplex.
c. Four-plex. Nine thousand (9,000) sq. ft. is needed for a four-plex.
4.08.040. Lot Width
The minimum lot width in the HDR1 zone is sixty (60’) feet.
4.08.045. Lot Depth
The minimum lot depth in the HDR1 zone is sixty (60’) feet.
4.08.050. Lot Frontage
Each lot or parcel of land in the HDR1 zone shall abut a public street for a 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.
4.08.060. Prior Created Lots (See 3.03.070.c.)
4.08.070. Lot Configuration and Density
a. Dwelling unit density shall not exceed thirty (30) units per acre.
b. PED. The Pedestrian Emphasis District density is regulated by the University, the adopted Building Code, and any requirements imposed as part of the required CUP. (See 10.02.)
c. Infill/Redevelopment Area. The Pedestrian Emphasis District (PED) area lies within the Infill/Redevelopment Overlay. (See. 10.01.)
4.08.080. Yard Requirements
The following minimum yard requirements shall apply in the HDR1 zone:
Front Yard. Each lot or parcel in the HDR1 zone shall have a minimum front yard of at least twenty-five (25’) feet from right-of-way.
1. Exception: (See 4.00.030.) When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet
from right-of-way.
a) Parking Lot. If a boulevard strip is present, the front yard setback can be reduced to ten (10’) feet for a parking lot.
Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
Side Yard. Each lot or parcel of land in the HDR1 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever
is greater.
1. Exception: A setback of ten (10’) feet shall be allowed within side yards that abut other HDR zones, MDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.
Infill/Redevelopment Setbacks. Setbacks are increased for Infill/Redevelopment projects. (See 10.1.)
Accessory Buildings. (See 3.02.070.b.)
4.08.090. Setbacks and Rights-of-Way Exceptions (See 3.02.090., 3.02.050., 4.00.030.
Underground Parking Structures. Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the
grade of the yard by more than two (2’) feet.
4.08.100. Building Height
No lot or parcel of land in the HDR1 zone shall have a building or structure, which exceeds a maximum height of fifty-five (55’) feet, measured at the top of building’s horizontal wall.
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.
Accessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.
Adjacent zones. Buildings or portions of buildings within fifty (50’) feet of a residential zone other than HDR1 and HDR2 shall be limited to thirty-five (35’) feet.
4.08.110. Distance Between Buildings (See 3.02.060.)
4.08.120. Permissible Lot Coverage
Building Coverage. In an HDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than eighty (80%)
percent of the area of the lot or parcel of land.
Landscaping.
At least twenty (20%) percent of the area of any lot shall be maintained in landscaping.
On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard and one hundred (100%) percent of one (1) side yard.
4.08.130. Parking Loading and Access (See 3.04., 4.00.060.)
Sidewalk 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).
4.08.140. Project Plan Approval (See 3.02.130.)
4.08.150. Buffers and Fencing
Highway 20 Corridor. (See 3.02.100.e.)
Fencing. (See 3.02.110.)
Buffers. (See 3.02.100.d.)
Infill/Redevelopment Buffering. Buffering is increased for Infill/Redevelopment projects. (See 10.1.)
4.08.160. Residential Design Standards (See 4.00.050.)
4.08.170 Pedestrian Emphasis District (See 10.2.)
4.08.180. Other Requirements
Lighting Standards are applicable as described in Section 3.6.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
SECTION 4.9: HIGH DENSITY RESIDENTIAL 2 (HDR2)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.09.010. Purposes and Objectives
4.09.020. Permitted & Conditional Uses
4.09.030. Lot Area
4.09.040. Lot Width
4.09.045. Lot Depth
4.09.050. Lot Frontage
4.09.060. Prior Created Lots
4.09.070. Lot Configuration and Density
4.09.080. Yard Requirements
4.09.090. Setbacks and Rights-of-Way Exceptions
4.09.100. Building Height
4.09.110. Distance Between Buildings
4.09.120. Permissible Lot Coverage
4.09.130. Parking, Loading and Access
4.09.140. Project Plan Approval
4.09.150. Fencing
4.09.160. Residential Design Standards
4.09.170. Pedestrian Emphasis District
4.09.190. Other Requirements
4.09.010. Purposes and Objectives
The HDR2 Zone is established for multiple-family housing units, which fill housing needs for families at affordable rates. Construction will be done on larger tracts of ground, with
a common owner, as larger apartment complexes, and not sold as individual units.
4.09.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the HDR2 zone. The following uses and structures indicated as “CUP” may be permitted
in the HDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
HIGH DENSITY RESIDENTIAL 2
Residential
Duplex
Single-family Dwelling
Manufactured – House on permanent foundation (>24’ wide)
P
CUP
CUP
Group Housing
Bed and Breakfast Inn (See 3.02.160)
Boarding Houses (See 3.02.160)
Disabled Persons Residential Facility
Dormitory, Fraternity, Sorority
Group Home (Disabled & Elderly; under 8 residents)
Mobile Home Courts and Subdivisions
Multi-Family
Residential Facility for Elderly Persons
Short-Term Rental (See 3.02.160)
P
P
P
CUP
P
P
P
P
P
Care Facilities
Assisted and Residential Care Facility
Day Care Centers
Hospitals
P
P
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
P
CUP
Outdoor Recreation
Athletic Fields
Golf Courses (w/Country Club)
Ice Skating
Parks and Playgrounds, Skate Parks
Pools
Recreation Centers
Tennis Courts
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Services
Home Business (See 4.00.040.)
Libraries
CUP
CUP
Automobile Parking Lots and Garages
Separate Parking Lots
CUP
CUP
Cemeteries
CUP
Utilities
Communications
Electricity Regulating Substations
Utility and Public Facilities
CUP
CUP
CUP
Permitted Accessory Uses. (See 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the
permitted principal use or structure.
4.09.030. Lot Area
Minimum acreage per development is one-half (½) acre.
4.09.040. Lot Width
The minimum lot width in the HDR2 zone is two hundred (200’) feet.
4.09.045. Lot Depth
The minimum lot depth in the HDR2 zone is sixty (60’) feet.
4.09.050. Lot Frontage
Each lot or parcel of land in the HDR2 zone shall abut a public street for a 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.
4.09.060. Prior Created Lots (See 3.03.070.c.)
4.09.070. Lot Configuration and Density
Dwelling units shall not exceed forty-two (42) units per acre. For Dormitory or Congregate Residential uses, regardless of actual number of dwellings, the density shall not exceed two-hundred-fifty-
two (252) individuals per acre.
a. PED. The Pedestrian Emphasis District (PED) density is regulated by the University, the adopted Building Code, and any requirements imposed as part of the required CUP. (See 10.02.)
b. Infill/Redevelopment Area. The PED area lies within the Infill/Redevelopment Overlay. (See. 10.01.)
4.09.080. Yard Requirements
The following minimum yard requirements shall apply in the HDR2 zone:
Front. Each lot or parcel in the HDR2 zone shall have a minimum front yard of at least twenty-five (25’) feet from right-of-way.
1. Exception: (See 4.00.030.) When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to ten (20’) feet
from right-of-way.
a) Parking Lot. If a boulevard strip is present, the front yard setback can be reduced to twenty (20’) feet for a parking lot.
b. Rear. The minimum depth of a rear yard shall be twenty (20’) feet.
Side Yard. Each lot or parcel of land in the HDR2 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever
is greater.
Exception: A setback of ten (10’) feet shall be allowed within side yards that abut other HDR zones, MDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.
Infill/Redevelopment Setbacks. Setbacks are increased for Infill/Redevelopment projects. (See 10.1.)
Accessory Buildings. (See 3.02.070.b.)
4.09.090. Setbacks and Right-of-Way Exceptions (See 3.02.090., 3.02.050., 4.00.030.)
Underground Parking Structures. Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the
grade of the yard by more than two (2’) feet.
4.09.100. Building Height
No lot or parcel of land in the HDR2 zone shall have a building or structure, which exceeds a maximum height of fifty-five (55’) feet, measured at the top of building’s horizontal wall.
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.
Adjacent zones. Buildings or portions of buildings within fifty (50’) feet of a residential zone other than HDR1 and HDR2 shall be limited to thirty-five (35’) feet.
Accessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot.
4.09.110. Distance Between Buildings (See 3.02.060.)
4.09.120. Permissible Lot Coverage
Building Coverage. In an HDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than eighty (80%)
percent of the area of the lot or parcel of land.
Landscaping. At least twenty (20%) percent of the area of any lot shall be maintained in landscaping.
Permeable Surface. On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard and one hundred (100%) percent of one (1) side yard.
4.09.130. Parking, Loading and Access (See 3.04 Parking, 4.00.060.)
Sidewalk 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).
4.09.140. Project Plan Approval (See 3.02.130.)
4.09.150. Buffering, Fencing and Screening
Highway 20 Corridor. (See 3.02.100.e.)
Fencing. (See 3.02.110.)
Buffers. (See 3.02.100.d.) The area between the curb and gutter and the sidewalk is to be landscaped with trees and shrubs. Landscaping must be maintained as in its original design
and purpose.
1. Infill/Redevelopment Buffering. Buffering is increased for Infill/Redevelopment projects. (See 10.1.)
4.09.160. Residential Design Standards (See 4.00.050.)
4.09.170 Pedestrian Emphasis District (See 11.01.030.)
4.09.180. Other Requirements
Lighting Standards are applicable as described in Section 3.6.
Refer to Section 4.0 for Development Rules that apply to all Residential Zones.
Refer to Sections 3.02-3.06 for Development Rules that apply to all Zones.
SECTION 4.10: PLANNED UNIT DEVELOPMENT (PUD)
*All Zoning Standards apply. (See 3.01-3.06) *All Residential Standards apply. (See 4.0)
4.10.010. Purpose and Objectives
4.10.020. Applicability
4.10.030. Variations to Underlying Zone Permitted
4.10.050. Minimum Area
4.10.060. Lot Density
4.10.070. Standards
4.10.080. Common Open Space
4.10.090. Landscaping Per Unit
PROCESS
4.10.100 Pre-Application Conference
4.10.110. Preliminary Master Plan Application
4.10.120. Determine if Preliminary Plan is Complete
4.10.130. Review of Complete Preliminary Master Plan
4.10.140. Planning & Zoning Commission
4.10.150. Commission & City Council Consideration of Master Plan
4.10.160. Submission of Preliminary Subdivision Plat
4.10.170. Changes of Approved Preliminary Master Plan
4.10.180. Procedure Following Expiration of Preliminary Master Plan
4.10.190. Final Master Plan
4.10.200. Final Master Plan Approval
4.10.210. Requirements Following Master Plan Approval
4.10.220. Density Bonus Points
4.10.010. Purpose and Objectives
The purpose of this section is to allow planned unit developments with several compatible land uses. These land uses will be compatible with residential zones in a single subdivision
to allow a more flexible approach to land development than that normally accomplished through the subdivision and zoning ordinances of the city.
4.10.020. Applicability
Planned Unit Developments are only allowed in Low-Density and Medium-Density Residential Zones.
Apply Zoning Permitted Uses. The planned unit development approach is not intended to allow uses on land within a planned unit development other than uses permitted within the zone
that is applicable to the land, unless otherwise stated in this ordinance, other than zero lot line clustering .
Exception: Up to ten (10%) percent of gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use district;
and a minimum of fifty (50%) percent of the residential development occurs prior to the development of the related commercial or industrial uses, provided that there is a favorable
finding by the Commission the uses are:
Appropriate with the residential uses;
Intended to serve principally the residents of the PUD;
An integral part of the PUD;
Direct Access Roads. Located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards;
4.10.030. Variations to Underlying Zone Permitted
Upon combining the PUD zone with an appropriate existing zone, variations from the development standards of said underlying zone may be permitted, provided the variations are specifically
adopted as part of the approved project
plan or approved supporting documents and do not contradict 4.10.020.
4.10.040. Minimum Area
A PUD for the following principal uses shall contain an area not less than:
Two (2) acres for residential development.
Two (2) acres for residential use with subordinate commercial or industrial uses.
Ten (10) acres for commercial use.
Ten (10) acres for industrial use.
4.10.050. Lot Density
Developable Land. Density in PUD shall be determined by using the “developable land” of the entire proposed development. Developable land is land under 30% slope and that is capable
of being improved with landscaping, recreational facilities, buildings, or parking.
Subtracted Land. Land devoted to Rexburg dedicated street usage in PUD subdivisions shall not be considered developable acreage and must be subtracted out of the total acreage used
to determine density, as well as areas designated for the use of churches, schools, and public buildings.
Base Density. The maximum number of residential units allowed per developable acre in a PUD which meets only the minimum development requirements of this Chapter shall be calculated
using the Lot Area Per Dwelling Requirement of the underlying zone:
Zone
Lot Area per Dwelling
LDR1
1 Unit per 12,000 square feet
LDR2
1 Unit per 5,000 square feet
LDR3
1 Unit per 4,000 square feet
MDR1
1 Unit per 2,723 square feet
MDR2
1 Unit per 1,815 square feet
c. Density Bonus Points. Increased densities may be considered based on design upgrades. (See 4.10.220.)
4.10.060. Standards.
Planning and Building Design. The planned unit development approach shall provide more desirable environments through creative site planning and building design, to create greater diversification
between buildings and open spaces, conserve land and natural resources, and minimize development costs.
Scope of Plan. A plan for the development of a planned unit development shall cover the entire area proposed for development. If the project is to be done in phases, no remnant parcels
shall be created.
Open Space. Areas not proposed for development shall be designated as “open space” and shall conform to minimum landscaping requirements of this chapter.
Natural Features. Developments shall be designed to preserve and incorporate the natural features of the land into the development. Natural features include drainage swales, wetlands,
rock outcroppings, streams, and concentrated native stands of large shrubs or trees.
Single Ownership or Control. Unless agreed upon by the Planning and Zoning Commission, the area proposed for a planned unit development shall be in one (1) ownership or control during
development to provide for full supervision and control of said development, and to insure conformance with these provisions and all conditions imposed upon the preliminary and final
development plans.
Utilities. All utilities shall be placed underground, including telephone, electrical, and television cables.
Dwelling units under separate ownership shall have separate utility metering, unless otherwise approved by the Building Department.
Streets and Right-of-way. Development proposal shall adhere to currently adopted street and right-of-way cross section standards.
Compatibility Standards (See 3.02.120.)
Refuse Bins.
Materials. Refuse bins shall be stored in screened enclosures which are architecturally compatible in style and materials with the character of the development.
Location. Bins shall be located so they are not visible from outside circulation routes, and so they do not restrict vehicular movement or parking.
Glare Reduction. Exterior lighting shall be designed such that the light source will be sufficiently obscured to prevent excessive glare into any residential area.
4.10.070. Common Open Space.
Required Common Open Space. A minimum of ten (10%) percent of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities
for the residents or users of the area being developed.
Dedication of Land for Public Use. A required amount of common open space land reserved under a PUD shall either be held in corporate ownership by the owners of the project area for
the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation, and related uses.
Trails. Public utility and similar easements or right-of-way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way
is usable as a trail or other similar purpose and approved by the Commission.
Maintenance. The responsibility of the maintenance of all open space shall be specified by the developer before approval of the final master plan.
Clustering. Property developed under the PUD approach should be designed to abut common open space or similar areas. (See 4.10.070.a.).
Hardscape. Such common open spaces may include walkways, patios, recreational activity areas, picnic pavilions, gazebos, and water features so long as such surfaces do not exceed thirty-five
(35%) percent of the required open green space.
Common Activity Areas. At a minimum, open green space shall include either a playground with play equipment or pathways with benches and tables through a natural or planted landscaped
area.
4.10.080. Landscaping Per Unit.
The intent is to have a variety of plant materials to give color and texture; to direct traffic; to frame views; and to screen undesirable views.
Placement.
Deciduous Trees. The placement and types of deciduous trees shall take into consideration use of the trees for summer cooling and winter solar access.
Evergreen Trees. Evergreen trees should be used as windbreaks, screening, and accent plantings.
Water Conservation. The majority of new plant material used for landscaping the development
should be water conserving plants. The landscaping design shall locate plant materials in similar water usage demand zones to insure proper irrigation coverage and reduce wasteful irrigation
coverage and reduce wasteful watering. Native plants are preferred.
Low Volume System. Low volume irrigation systems with automatic controllers shall be used. Such an irrigation system includes, but is not limited to, low volume sprinkler heads, drip
emitters, and bubbler emitters.
Minimum. A minimum of three (3), one and one-half (1½”) inch caliper deciduous trees or four (4’) feet tall evergreen trees, and four (4) shrubs shall be planted for each lot in a PUD
subdivision, as well as building foundation planting of appropriate shrubs, flowers, or ground covers.
Multi-family. Multiple family PUD's shall provide a minimum of one (1) deciduous or evergreen tree per two (2) units, and two (2) shrubs per unit.
Landscape Plan. Applicant may provide a landscape plan that varies from these requirements to the Planning and Zoning Commission for approval as meeting the “spirit” of the requirements.
Design Theme. Landscaping in the park strip in the street right-of-way shall have a unified design theme in PUD subdivisions.
PROCESS
4.10.090. Pre-Application Conference
Pre-Application Conference. (Prior to filing an application.)
The Applicant shall review the preliminary master plan with the Planning and Zoning Commission, one person from the City Council, and the Mayor or designated representative at a pre-application
conference.
Purpose
To inform the city of the nature of a likely PUD application at an early date
To provide the potential applicant with information on what will be needed to make an application complete.
4.10.100 Preliminary Master Plan Application
Following a pre-application conference, an applicant shall submit a preliminary master plan to the City for review.
Large Parcel with Multiple Landowners. If large parcels of land are sold to multiple parties, the land needs to be master planned.
Subdivision. If a proposed subdivision is part of a larger area intended for development, a Development Master of Plan of the entire area is required.
Drawing. The preliminary master plan must include a drawing showing the layout of the proposed planned unit development. The drawing must contain the following information:
Name of Development. Proposed name of the planned unit development;
Date, north point and scale of drawing;
Label. Appropriate identification clearly stating that the drawing is a preliminary planned unit development master plan;
Location. Location of the planned unit development by section, township and range;
Legal Description. A legal description sufficient to define the location and boundaries of the proposed
planned unit development tract;
Real Estate Description. The tract designation or other description according to the real estate records of the county assessor;
Vicinity Map. A vicinity sketch map at a scale of one (1”) inch equals four hundred (400’) feet showing adjacent property boundaries and land uses;
Adjacent Property Owners. Names and addresses of legal owners of properties within five hundred (500’) feet of the tentative planned unit development boundaries, excluding streets.
(The City is able to provide this information if needed.)
Existing and Proposed Streets and Public Ways. Location, widths and names of all existing streets or other public ways within or abutting the planned unit development;
Proposed streets, including location, widths and approximate radii or curves;
Approximate locations and anticipated grades of all streets
Typical cross sections of the proposed streets showing widths of roadways, curbs, location and widths of sidewalks and the location and size of utility mains
Easements Existing and Proposed. Location of existing and proposed easements on the site or abutting property.
Show the width and purpose of each easement;
Approximate plan of proposed sanitary sewers, storm drains, storm water detention and drainage pre-treatment facilities and the water distribution system;
Proposed Housing.
Types of proposed housing within PUD
Approximate location or locations proposed for each type of housing
Housing density proposed at each location
An approximate tabulation of all dwelling units by type;
Maximum potential number of residential units, calculated as follows:
Determine Residential Development Area: Subtract gross area, any area allocated for churches, schools, and public buildings.
Divide residential development area (excluding public and private streets and areas with slopes of thirty (30%) percent or greater) by the minimum residential lot size permitted in the
underlying zone. This is the maximum potential number of residential units without incorporating any density bonuses;
Public Spaces. Sites, if any, allocated for churches, parks, schools, playgrounds, public buildings, and open space.
Area Coverage. Area coverage of existing and proposed structures, lots, streets or other development.
Topography. Contour lines having the following minimum intervals:
Two (2’) feet contour intervals for ground slopes less than ten (10%) percent, and
Five (5’) feet contour intervals for ground slopes ten (10%) percent or greater
Contours shall be based on contour maps provided by the city or other data approved by the City Engineer
Location of at least one (1) temporary bench mark within the planned unit development boundaries or the source of the contour line data shown (source and accuracy subject to City Engineer's
approval).
15. Detailed water, sewer, drainage and drainage pre-treatment, storm-water detention, and street system plans including:
Central line profiles showing finished grades of all streets
Cross sections of proposed streets showing widths of roadway, curbs, locations and widths of sidewalks, and location and size of utility mains.
Profiles of sanitary sewer, street drainage, drainage pre-treatment, storm-water detention and water distribution systems showing pipe size and location of valves and fire hydrants,
all to conform to city and state standards.
The estimated cost of street, sewer, drainage and drainage pre-treatment, storm water detention, water, and other public infrastructure improvements within the planned unit development.
Supplementary Submittals. The following information supplements the Preliminary Master Plan and can be submitted in separate statements accompanying the preliminary master plan drawing:
1. Landscape Plan. A detailed landscaping plan showing the type and size of all plant material and its location, the irrigation system, decorative materials, recreation equipment and
special effects; and the schedule for removal and replanting of vegetation. The plan shall include both areas to retain undisturbed their natural vegetation and areas to be re-landscaped.
(See 4.10.080. Landscaping Per Unit.)
a) At least twenty (20%) percent of the gross area is dedicated to landscaping. For purposes of computing area dedicated to landscaping, dedicated open space and protected resource
areas may be treated as area dedicated to landscaping, but parking areas may not.
b) Water Courses and Natural Features.
Location and direction of all water courses and natural features such as rock outcroppings, marshes, wetlands, and wooded areas; and the approximate locations of trees or stands of trees
having a trunk cross-sectional diameter of eight (8”) inches (approximately twenty-five inches in circumference) or more measured at a point fifty-four (54”) inches above the base of
the trunk on the uphill side.
The plan must identify those water courses, natural features, and areas of trees meeting the described criteria which are to remain and those which may be altered or removed.
Deed Restrictions, Conditions, and Covenants. Proposed restrictions to be filed in the county deed records, in outline form, such as deed restrictions, conditions, covenants and restrictions,
and home owners’ association agreements. The outline restrictions shall identify:
The time at which the restrictions will be filed in the county deed records;
Generally, who will have authority to enforce the restrictions;
Specifically, which restrictions, if any, are proposed to be enforceable by the city;
The time at which the restrictions will become enforceable; and
Which restrictions, if any, will not be subject to amendment without the consent of the City.
Dedications. A general description of property intended to be dedicated to the city or public, other than street right-of-ways, including proposed dedication restrictions.
Narrative description. A narrative description of the planned unit development and the manner in which it meets the purpose set out in subsection 4.10.010 of this section.
Ownership. A statement describing the present and proposed ownership.
Phase Plan. A statement whether the applicant proposes to submit the final master plan for review as a single master plan or in phases. The statement shall include the following:
Date or dates by which the applicant proposes to submit the final master plan or final master plan phases for review
Date or dates by which the applicant anticipates that the development and related improvements or each phase thereof will be substantially completed.
4.10.110. Determination that Preliminary Master Plan is Complete
Following submission or resubmission of a preliminary master plan, the Zoning Administrator or designee shall determine whether the plan is complete pursuant to the submittal requirements
of 4.10.100 Preliminary Master Plan Application of this section.
The determination of the Zoning Administrator or designee shall be in writing (including email). If the application is determined to be incomplete, the Zoning Administrator or designee
shall provide the applicant with a description of the additional materials required to make the application complete.
4.10.120. Review of Complete Preliminary Master Plan
The Zoning Administrator or designee shall review the preliminary master plan, shall seek comments on the plan from potentially affected governmental units and agencies, and shall report
to the Planning and Zoning Commission the comments of the committee members and of those governmental units and agencies that submit comments.
4.10.140. Planning and Zoning Commission
Authority.
Commission. The Planning and Zoning shall review the plan and comments in public hearings and make a recommendation to the City Council to either approve, approve with conditions,
or disapprove of the preliminary master plan, planned unit developments in any residential or commercial zone, or any combination of them, subject to the provisions of this section.
City Council. The City Council shall have the authority to approve, approve with conditions, or disapprove planned unit developments in any residential or commercial zone, or any combination
of them, subject to provisions of this section.
Conditions. The Planning and Zoning Commission, in recommending, and the Council in approving a preliminary master plan, may attach conditions it finds are necessary or appropriate
to carry out the purposes of this title.
The Planning and Zoning Commission shall state its decision and its reasons in writing.
4.10.150. Commission and City Council Consideration of Master Plan
The Commission shall recommend the plan to the City Council if it finds that the plan meets all of the following criteria.
Comprehensive Plan. The proposed planned unit development is in compliance with the City’s
comprehensive plan and will be substantially compatible with existing development in the surrounding area.
Adjacent Land. The undeveloped land in the surrounding area can be developed in a manner substantially compatible with the proposed planned unit development.
Densities. Where a PUD is located over more than one zone, the plan is allowed to have a weighted balance of the densities for each zone (including density bonuses).
Buffers. Like zoning buffers should be provided at borders of other properties not included in the PUD.
Example: if a PUD was created that consisted of a LDR3 zone and a MDR2 zone, then six-plex housing units should not be placed directly adjacent to the adjoining LDR3 zone. A buffer
of twin homes (allowed in LDR3) or open space should be used as a buffer. Rear yards of six-plex units might be considered as sufficient buffering if fenced and landscaped with trees.
Time Schedule. The number of years proposed for completion of the development or each phase of the development is reasonable, taking into consideration the possibility of changing land
use patterns in or requirements of the city over time.
Expiration Date. In order to ensure that the development will be compatible with land use patterns and requirements of the city at the time of approval of a final master plan, the Planning
and Zoning Commission shall recommend and the Council shall establish an expiration date for:
The preliminary master plan approval, not sooner than two years after approval of the preliminary master plan
May impose conditions requiring that a final master plan or phases thereof be submitted for commission review within a specified period or periods of time, not sooner than one year after
approval of the preliminary master plan.
Or may impose conditions requiring commission and Council re-evaluation of as yet unbuilt portions of the development, for conformity with then-existing city zoning ordinance requirements
in relation to then-existing conditions, not sooner than five (5) years after approval of the preliminary master plan, and at such periodic intervals of not less than five (5) years
thereafter as the Commission and Council deem appropriate to ensure conformity.
Negative Impacts. Construction of the development can be accomplished in a manner that does not create unreasonable negative impacts on the area surrounding the development or in the
city. In order to assure the avoidance or mitigation of negative construction impacts on the area surrounding the development or in the city, the Planning and Zoning Commission and
Council may impose conditions including but not limited to:
Requirements that removal of existing landscaping during construction be limited to areas of the planned unit development to be constructed shortly following removal and to portions
of those areas on which construction will occur;
Prohibitions of open burning on the site during construction;
Restrictions on construction noise; and
Restrictions on construction traffic.
In order to assure the avoidance or mitigation of negative impacts, the Planning and Zoning Commission may require the filing of restrictions in the county deed records including but
not limited to restrictions:
Prohibiting the removal of specified landscaping; and
Prohibiting open burning during construction.
Public Utilities. Street, water, sewer, drainage and drainage pre-treatment, storm water detention, and other similar facilities in the area surrounding the development and in the city
are or will be adequate to provide for the health, safety and welfare for the development's population densities and the type of development proposed, taking into consideration existing
and projected future demands on those facilities.
i. Density. The proposed number of residential units does not exceed the maximum permitted number of residential units.
j. Landscaping. At least twenty (20%) percent of the gross area is dedicated to landscaping.
1. For purposes of computing area dedicated to landscaping, dedicated open space and protected resource areas may be treated as area dedicated to landscaping, but parking areas may not.
4.10.160. Changes of Approved Preliminary Master Plan
Extension of Approved Preliminary Master Plan. Prior to expiration of an approved preliminary master plan, the Planning and Zoning Commission may recommend and the Council may, on receipt
of an application applying to the as yet unbuilt portions of the development, extend the expiration date provided that the extension will be consistent with then-existing city zoning
ordinance requirements, in relation to then-existing conditions.
Modification of Approved Preliminary Master Plan. The Planning and Zoning Commission may recommend, and the Council may, on receipt of an application applying to the as yet unbuilt
portions of the development, approve a modification to an approved preliminary master plan provided that the modifications will be consistent with the then-existing city zoning ordinance
requirements, in relation to then-existing conditions.
1. “Spirit” of Master Plan. If the modification as determined by the Zoning Administrator or designee is deemed to be “in the spirit” of the original Master Plan, then a request to
the Planning and Zoning Commission is not required.
Extension or Modification Procedures & Submittals. Extensions or modifications of an approved preliminary master plan shall be subject to all of the procedures set out in the subsections
of this section, including but not limited to the requirement of a hearing before the Planning and Zoning Commission, and consideration by the City Council, except that the application
materials required to be submitted shall be only such materials supplementing the original application as are needed to demonstrate that an extension or modification will meet the
criterion established by this subsection.
4.10.170. Expiration of Preliminary Master Plan
If an approved preliminary master plan expires, whether as to the entire area proposed for development or as to as yet unbuilt portions of the development, then a complete new application
must be submitted prior to reconsideration. An application for reconsideration shall be treated as an original application and shall be subject to all of the procedures of this section,
including but not limited to the requirement of a hearing before the Planning and Zoning Commission and consideration by the City Council.
4.10.180. Final Master Plan
Following preliminary master plan approval, and prior to issuance of a development permit and commencement of development, a final master plan must be submitted to and approved by City
Staff.
Phases. The final master plan may be submitted in development phases; provided, that:
Each phase can exist as a separate entity capable of independently meeting all requirements and standards of this section and of the underlying zones in which the PUD is located; or
Prior to the development of any phase that will not exist as a separate entity capable of independently meeting the requirements and standards, restrictions enforceable by the city and
in a form approved by the city have been filed in the county recorder’s office, such as conditions, covenants, and restrictions.
The restrictions shall be applicable to other areas of the planned unit development not yet proposed for development, and shall be sufficient to assure that:
The area within the phase proposed for development, when combined with the area not yet proposed for development, as subject to the deed restrictions, can exist as a combined entity
capable of independently meeting the requirements and standards,
The phase has met any applicable re-evaluation requirement imposed during the preliminary master plan approval process, and
The separate development of phases will not be detrimental to the total development nor to the adjacent properties in the event the remainder of the development is not completed.
b. Consistent with Preliminary Master Plan. The final master plan must be in sufficient detail to allow the City Staff to determine whether the final master plan is consistent with
the preliminary master plan and whether the final master plan meets all conditions applicable to the preliminary master plan.
4.10.190. Final Master Plan Approval
City Staff shall approve, or approve with conditions, the final master plan if it is determined that the plan meets all of the following criteria:
The plan is consistent with the preliminary master plan and all conditions applicable to it;
All utility systems and landscaping conform to city and state standards or are approved by the City Engineer;
If the final master plan is for a phase of the total planned unit development, the criteria for phasing stated in 4.10.180.a. will be met.
4.10.200. Requirements Following Master Plan Approval
Upon approval the development shall be strictly in accordance with the plan.
Certified Print to City Recorder. A certified print of the approved final planned unit development master plan shall be provided by the applicant without charge to the office of the
city recorder.
Major Changes. Except as provided in this Section, proposals to make changes in the final master plan after it has been approved shall be considered the same as a new PUD application
and shall be permitted only in accordance with all of the procedures set out in this section.
The application materials required to be submitted shall be only the materials to supplement the original application to identify the proposed changes and to demonstrate that the changed
planned unit development will meet the criteria established by this section.
Minor Changes. Proposals to make minor changes in the final master plan after it has been approved may be approved by the Planning and Zoning Commission or designee.
Minor Definition. Minor changes consist only of changes that will not have public visibility and that do not increase densities, do not change boundaries, do not change any uses, and
do not change the location or amount of land devoted to specific land uses.
Record with Madison County. A final PUD subdivision plat shall be filed with and approved by the City in accordance with the final platting requirements of City of Rexburg subdivision
code and recorded with Madison County, within one year of the approval of a final master plan.
Extension. One extension of time may be granted, for good cause, by the Planning and Zoning Commission if such extension is authorized by the commission prior to the expiration of the
one-year period, and provided such extension not exceed one additional year. No additional extensions
may be granted.
Void. One year after the approval of the final master plan, if a final PUD is not filed, approved and recorded as required by this section, then the planned unit development approval
shall become void as of the date the filing requirement no longer can be met.
Development Agreement, Financial Security, & Development Permit. Prior to commencement of development, the developer shall provide to the city (as required by the City Engineer) an
improvement agreement and financial security instrument as described in the City of Rexburg subdivision ordinance and shall obtain a development permit.
4.10.210. Submission of Preliminary Subdivision Plat
If an approved preliminary planned unit development master plan provides for the subdivision of land within the planned unit development, then within such period or periods of time as
required by the preliminary planned unit development master plan approval, an applicant shall file a preliminary subdivision plat for the planned unit development or for phases of the
development, if phasing is permitted. The submittal requirements, procedures and approval requirements for the preliminary subdivision plat shall be as set out in City of Rexburg subdivision
code.
4.10.220. Density Bonuses
Density in excess of the base density for the underlying zone may be considered for projects which comply with the bonus density design requirements.
The amount of density bonuses shall be determined by the type of Bonus Density Design Requirements incorporated in the development proposal.
In no case shall the density bonus exceed the maximum density (per net developable acre NDA) allowed for the zone in which the development occurs according to the following chart:
ZONE
BASE DENSITY
MAX. DENSITY
LDR1
3.63 Units/NDA
4.84 Units/NDA
LDR2
8.71 Units/NDA
10.89 Units/NDA
LDR3
10.89 Units/NDA
13.20 Units/NDA
MDR1
16.00 Units/NDA
22.00 Units/NDA
MDR2
20.00 Units/NDA
nits/NDA
Density Bonus Calculation. For applicants requesting a density greater than the base density, the Planning and Zoning Commission and City Council shall determine whether the applicant
has complied with the necessary design components as provided in this Section and shall assign density points as applicable.
The additional units per acre allowed above the base density for the PUD shall be determined by multiplying the total number of density bonus points by the density coefficient of the
underlying zone. This figure is the additional number of units per acre allowed above the base density. This number when added to the base density will determine the total density
per acre for the project; provided that the number shall not exceed the maximum density allowed in the zone.
(Example: The project is in an LDR1 zone and the design is awarded 75 bonus points. 75 x .0121 = 0.91 additional units per acre. 0.91 + 3.63 (base density) = 4.54 maximum units per acre
for the development.)
The density coefficient for each underlying zone and the total amount of points needed for the maximum density are listed below:
ZONE
DENSITY COEFFICIENT
MAX. DENSITY POINTS
LDR1
.0121
100
LDR2
.0218
100
LDR3
.0231
100
MDR1
.06
100
MDR2
.06
100
Density Bonus Design Requirements. If greater density is requested above the base density, a PUD development shall comply with one or more of the following bonus density design requirements
depending upon the desired density increase:
The Planning and Zoning Commission shall review and determine if the proposed design complies with the intent of the design requirement before the points are granted. The density bonus
points for each individual design component are in parentheses at the end of each requirement.
In order to receive a density bonus, the development shall have received bonus density points from at least one (1) design component in each of the following categories: energy efficiency,
building design, design theme, parking areas, landscaping, and open green space.
A design component cannot be used to obtain points in more than one category.
The density bonus design requirements are as follows:
Energy Efficiency
Insulation. All dwellings and main buildings shall have wall and ceiling insulation that exceeds the requirements of the International Energy Conservation Code (IECC). Exceeding the
requirements for doors and window energy efficiency can also be taken in consideration for density bonus. (Up to 10 points)
Solar Design. All dwellings are designed with an active or passive solar feature. The solar feature shall be a solar water heater, trombe wall, earth insulation of a majority of the
walls, the building designed so that the main exposure faces south and has windows to allow solar access, or other features as approved by the Planning and Zoning Commission. (Single
feature per unit throughout the entire project, up to 20 points. Combination features per unit throughout the entire project, up to 30 points)
LEED. Development achieves a Leadership in Energy and Environmental Design (LEED) certification for Neighborhood Development through the U.S. Green Building Council (USGBC). (Up to
40 points)
Building Design.
Materials. All facades of each dwelling structure, exclusive of windows or doors, are clad in long-lasting, high-quality materials as appropriate for the approved architectural style.
Examples of such materials are stone, brick, stucco, horizontal wood siding, wood board and batten siding, wood shingles, etc. Facsimiles such as cementious hardboard (for horizontal
siding) and faux stone (for real stone) will be considered on a case by case basis. (Up to 20 points)
Roof Materials. Roof materials should also be appropriate to the style. All roofs of main buildings are clad with wood shingles, tile, high profile asphalt shingles or slate shingles.
Other high quality products may be considered on a case by case basis. (Up to 15 points)
Design Theme
Installed Landscaping. Landscaping is designed and installed along all streets of the development according to a theme which provides units and interest. (Up to 20 points)
Theme Lighting. Theme lighting is used throughout the development for street lighting, lighting of walkways, parking areas, entrances, and building exteriors. (Up to 15 points)
Fencing. Perimeter fencing is used throughout the project that matches the building design, i.e.,
masonry columns or piers using the same brick or stone as the buildings. (Up to 10 points)
Special Features. Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong theme for the development and are utilized in highly
visible locations in the development. (Up to 20 points)
Shared Theme. Wide range of housing (e.g. apartments, condos, medium density, low density, and mixed use) share an architectural and landscaped theme. (Up to 20 points).
Parking Areas
Screening. Parking lots of twenty (20) or more stalls are screened from view by means of berming or landscaping around the perimeter of the parking lot. (Up to 20 points)
Landscaped Islands. Parking lots of twenty (20) or more stalls or a continuous row of parking over ninety (90’) feet in length has a landscaped island(s) which provides landscaping at
a ratio of (1:13) 1 square foot of landscaping per 13 square feet of hard surface. (Up to 15 points)
Shade Trees. Areas with five (5) or more uncovered parking stalls are designed to include minimum two (2”) inch caliper trees located in such a manner as to shade fifty (50%) percent
of the parking area upon maturation of the trees. (Up to 15 points)
Permeable Surfaces. Surfaces for parking and maneuvering other than the public right-of-way using materials such as grasscrete, or similar are utilized in appropriate locations. Material
and installation details must be reviewed and approved by the City Engineer. (Up to 15 points)
Parking Area Location. Locate all off-street parking at the side or rear of buildings, leaving building frontages and streetscapes free of parking facilities. (Up to 10 points)
Bicycle Parking. For any non-residential buildings or multi-family residential buildings that are part of the proposal, provide bicycle parking spaces, equivalent to ten (10%) percent
of the total automobile parking on site.
Bicycle parking must be within fifty (50’) feet of the entrance to the building that it services. (Up to 10 points)
Sheltered bicycle parking. (Up to 20 points)
Recreational Amenities
Active Recreation. The PUD includes a recreational amenity primarily for the use of the residents of the development. Amenities may include swimming pools, sports courts, spas, barbecue
and picnic facilities, or other features as approved by the Planning and Zoning Commission.
i. The Planning and Zoning Commission may determine the points based on the cost of the amenity, its benefit to the residents of the development, its size, and the number of amenities
in the development. (Between 5 to 35 points)
Common Building or Facilities. Development of a common building which shall be used for meetings, indoor recreation, day care, or other common uses as approved by the Planning and Zoning
Commission. RV parking facilities may also be considered with this design feature. (Up to 20 points)
Park Dedication. Dedication of land for public park, public access along a stream, or public access along a planned trail.
The City must be willing to accept the proposed dedication before points are awarded. (Public access up to 15 points. Public Park up to 40 points)
4) Construction of Trail or Park. Construction according to City standards of trail or park which has been dedicated to the City according to item number (3i.) above. (Trail 15 points,
public park 40 points)
5) Riparian Areas. Riparian areas along rivers and streams are preserved with natural and native landscaping to encourage continued use of these areas as wildlife corridors.
(Up to 15 points)
Landscaping
Extra Trees. Design and planting more than the minimum number of trees, shrubs, and perennials per dwelling unit in the development. (Up to 20 points)
Soften Fence Appearance. Areas which are to be screened use a solid non-see-through vinyl or masonry fence and landscaping which acts to soften the appearance of the fence. Landscaping
may be vines, shrubs, or trees. (Up to 15 points)
Open Green Space
Designed Plan. Open green space is designed (not leftover space between buildings) and flows uninterrupted through the entire development linking dwellings and recreation amenities.
(Up to 25 points)
Multiple Use. Storm water detention facilities are designed and used for multiple purposes which blend with the overall theme of the open space design (i.e., shape of the area is free
flowing, and the grading and landscaping are carried out in such a manner that the use as a detention pond is not discernible.) (Up to 20 points)
Native Plants. Native plants are used for common open space elements. (Up to 15 points)
Drought Tolerant Plants. Drought tolerant plants are used for common open space elements. (Up to 10 points)
Public Streets. All streets within the development (except the streets required by the City to be dedicated) are open to public use, but privately maintained. (Up to 25 points)
Housing. Mixed housing types, (e.g. apartments, condos, medium density, low density, and mixed use) are incorporated in the development with the intent to allow aging in place and appropriate
mixes of socioeconomic groups. (Up to 40 points)
CHAPTERS 5 & 6: CONCURRENT ZONES
5.1 Mixed Use (Number Reserved)
SECTION 5.2: MIXED USE (MU)
*All Zoning Standards apply. (See 3.01-3.06)
5.02.010. Purpose and Objectives
5.02.020. Permitted and Conditional Uses
5.02.030. Lot Area
5.02.040. Lot Width
5.02.050. Lot Depth
5.02.060. Lot Frontage
5.02.070. Prior Created Lots
5.02.080. Lot Configuration
5.02.090. Density
5.02.100. Yard Requirement
5.02.110. Projections into Yards
5.02.120. Building Height
5.02.130. Sidewalk Access
5.02.140. Permissible Lot Coverage
5.02.150. Project Plan Approval
5.02.160. Parking, Loading and Access
5.02.170. Commercial Design Standards
5.02.180. Signs
5.02.190. Other Requirements
5.02.200. Lighting Standards
5.02.010. 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.
PED. 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 Section 10.2.
MU is not allowed as a zone in any property facing Main Street Between the 2nd West and 2nd East.
5.02.020. Permitted Uses
In the mixed-use (MU) zone, residential, commercial, and institutional uses may occupy the same building and lot. The following principal uses and structures indicated as “P”, and
no others, shall be permitted in the MU zone. The following uses and structures indicated as “CUP” may be permitted in the MU zone only after a Conditional Use Permit has been approved,
and subject to the terms and conditions thereof.
MIXED USE
Group Housing
Apartments
Bed and Breakfast Inn
Boarding Houses
Dormitory, Fraternity, Sorority (max. 6 persons/unit)
Group Home (Disabled & Elderly; under 8 residents)
Hotels
Membership Lodging
Multi-Family
Religious Quarters
Short-Term Rental
Townhomes (first floor 2’ above grade when adjacent to right-of-way)
P
P
P
CUP
P
P
P
P
P
P
P
Care Facilities
Behavior, Drug & Alcohol Treatment
Day Care Centers
Hospitals
Sanitariums, convalescent and rest homes
CUP
P
CUP
CUP
Place of Worship
Churches, Synagogues, Missions and Temples
Other Religious Activities
Religious Reading Rooms
P
P
P
Schools, public or private
Dancing Schools
Nursery Schools
P
P
Indoor Recreation
Athletic clubs, body building studios, aerobic centers & gymnasiums
P
Entertainment
Cultural Activities
Museums
P
P
Food
Bakeries & Doughnut Shops
Candy, nut & confectionery
Dairy Products
Eating Places; restaurants*
Food stores
Grocery Stores
Fruits & Vegetables
Meats & Fish
Miscellaneous retail food
P
P
CUP
P
P
CUP
P
CUP
P
Manufacturing
Small Generation
Retail
Apparel and Accessories
Books, stationary, art and hobby supplies
Department Stores (junior and major chains)
Discount Department
Direct Selling Organization
Dry Goods and general merchandise
Electrical Supplies
Florists
Furniture, home furnishings & equipment (no combined warehousing)
Garden Supplies (inside building only)
Hardware
Heating & Plumbing Equipment (No outside storage)
Ice Dealers (automated machines or pick-up stations only)
Jewelry
Merchandise vending machine operators
Miscellaneous retail stores
Miscellaneous retail trade
Paint, Glass & Wallpaper
Retail Trade
Shopping Centers (uses listed here; more than 5 acres, less than 10 acres)
Sporting Goods, Bicycles, and Toys
Surplus stores
Swimming Pool Supplies
Variety stores
P
P
P
P
P
CUP
CUP
P
P
P
P
CUP
P
P
P
P
CUP
CUP
P
CUP
P
P
CUP
P
Services
Beauty & Barber shops
Building Maintenance
Consumer Credit Services
Drug & Proprietary Stores
Educational Services
Electrical Appliance Repair & Service
Executive, legislative & judicial
Gunsmiths
Household Good Warehousing & Storage
Libraries
Locksmiths & key shops
Miscellaneous Service Organizations
Personal Services
Photographic Services
Postal Services
Second hand clothing, shoes, furniture & books (no flea markets or thrift stores; all indoors; no outdoor collection boxes)
Prescription Pharmacy for permitted establishments (no separate entrance; no more than 15% of total floor area of building in which it is located)
Pressing, alteration and garment repair (no on-site dry cleaning)
Protective functions & related activities
Reception Center
Reupholstering & furniture repair
Spas
Veterinarian Services **
Video Rental Shops
P
CUP
P
P
P
P
P
P
CUP
P
P
P
P
P
P
CUP
P
P
P
P
P
P
CUP
P
Office
Advertising services
Banks, Insurance & Real Estate Offices
Business (office & retail sales only)
Call Centers
Contract Construction Services office & retail
Duplicating, stenographic and office services
Employment services
Electrical Utility Company Office
Gas Utility Company Office
Irrigation Utility Company Office
Janitorial office (Dwelling & business cleaning)
Mail & phone order houses
Miscellaneous business services office
News Syndicate Services office
Police Protection & Related Activities Office
Professional Services office (except behavior, drug, and alcohol treatment)
Refuse disposal company office
Travel Agencies
Water Utility Company office
P
P
P
CUP
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Office
Advertising services
Banks, Insurance & Real Estate Offices
Business (office & retail sales only)
Call Centers
Contract Construction Services office & retail
Duplicating, stenographic and office services
Employment services
Electrical Utility Company Office
Gas Utility Company Office
Irrigation Utility Company Office
Janitorial office (Dwelling & business cleaning)
Mail & phone order houses
Miscellaneous business services office
News Syndicate Services office
Police Protection & Related Activities Office
Professional Services office (except behavior, drug, and alcohol treatment)
Refuse disposal company office
Travel Agencies
Water Utility Company office
P
P
P
CUP
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Transportation
Automobile Parking Lots and Garages (no impound or long-term storage)
Bus transportation (no garaging & equipment maintenance)
Motor vehicle transportation
Separate Parking Lots
P
P
P
P
Crematory
Funeral parlor (mortuary)
P
P
Utilities
Communications
Debris Basin
Electricity Regulating Substations
Gas Pressure Control Stations
Irrigation Distribution Channels
Right-of-way (combo utilities, electric, gas pipeline, sewage pipeline, storm drain and water pipeline)
Utility and Public Facilities
Gas, NEC
Water Pressure Control Stations & Pumping Plants
Sewage Pumping Stations
Spreading Grounds
Water Storage as part of a utility system
CUP
CUP
CUP
P
P
P
CUP
P
P
CUP
CUP
*Eating Places (restaurants) conditions
Shall be architecturally compatible with surrounding buildings.
No short order, fast food or drive-in
Signs, landscaping, number of employees and distance from existing commercial zones shall be considered in the review for the CUP.
Located within air-conditioned, sound-proofed building.
**Veterinarian conditions
Experimental or scientific research activities are prohibited.
No on-site disposal of dead animals.
Animal noise shall not be audible at the nearest property line.
Overnight boarding shall be limited to animals receiving treatment on the premises.
Services shall be limited to small animals only.
No services shall be permitted for poisonous or dangerous animals.
Permitted Accessory Uses & Buildings. (See 3.02.070.a.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of,
the permitted principal use or structure.
Accessory
Accessory Building
P
Accessory buildings shall maintain architecturally similar material and colors with the main building.
5.02.030. Lot Area
The minimum area of any lot or parcel of land in the MU zone is twelve thousand (12,000) sq. ft.
5.02.040. Lot Width
The minimum lot width in the MU zone is sixty (60’) feet.
5.02.050. Lot Depth
The minimum lot depth in the MU zone is sixty (60’) feet.
5.02.060. 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.
5.02.070. Prior Created Lots (See 3.03.070.c.)
5.02.080. 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. 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. Access driveways are restricted to twenty-four (24’) feet (unless required to be wider for Fire Apparatus.)
5.02.090. Density
MU projects are encouraged but not required to have residential, commercial, or institutional mixture (including other uses as approved by the Zoning Administrator).
1. Housing unit density of up to thirty (30) units per acre is permitted.
2. Commercial or Institutional Use. Projects shall be allowed an additional residential unit for each one-half (1/2) percent of commercial or institutional use up to 40 units per acre.
3. Parking Structures. One additional residential unit per two (2) parking spaces provided in a parking structure may be added above and beyond the maximum density. For dormitory/congregate
residential, an additional individual may be added above and beyond the maximum density for each parking space provided in a parking structure.
4. PED. For land that is located within the PED District (see map in Section 10.2), the dwelling unit density shall be allowed to be increased as per Planning and Zoning Commission
findings during the required CUP.
5. The use will be monitored by the Community Development Compliance Officer.
5.02.100. Yard Requirement (See 3.02.080.)
The following minimum yard requirements shall apply in the MU zone:
Front Yard. The minimum front yard setback can be zero to ten (0’-10’) feet from right-of-way if the following requirements are followed:
1. Sidewalk. A minimum eight (8’) feet wide sidewalk is required parallel to any city street.
2. Landscaping.
Street trees and other landscape amenities are required and include as a minimum the use of two (2”) inch caliper deciduous trees at a maximum of twenty (20’) feet 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.
Irrigation System. An irrigation system is required and is the responsibility of the property owner as is the maintenance of the landscaped areas.
3. Building Design
a) Street Oriented. 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.
b) Interaction with Street. 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.
1) Balconies, awnings, canopies and other structural elements may extend a maximum of three (3’) feet into the setback.
c) Materials. The first floor wall facing the right-of-way shall be faced with high-quality materials (as approved by the Zoning Administrator or designee). (See 7.05.050.)
4. Renderings identifying all of the above requirements and the Design Standards shall be submitted to city staff prior to the request for a building permit.
a) The Zoning Administrator or designee will have authority to review the submittal and determine if it meets the above requirements of this Section and the spirit in which they were
created.
5. Townhouse. Townhouse type residential adjacent to the right-of-way shall have a “daylight basement” or crawl space with the first floor a minimum of two (2’) feet above grade.
Utility fixtures. Utility fixtures are not allowed in the front yard setback or in the City right-of-way.
b. When the above requirements are not met, a front yard setback of ten (10’) feet from right-of-way shall be required, and the following:
Front Yard.
The front yard shall be landscaped with ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped look”.
b) Parking spaces, drive aisles, and all maneuvering areas shall not be located within the first ten (10’) feet of a front yard.
1) This area shall be used for landscaping that will adequately screen parking areas from adjacent right-of-way.
c. Rear Yard. Minimum rear yard of at least six (6’) feet shall be required when a sloped roof drains toward rear yard property line. Otherwise, no minimum. (See 3.02.080.)
d. Side Yard. Minimum side yard of at least six (6’) feet shall be required when a sloped roof drains toward side yard property line. Otherwise, no minimum. (See 3.02.080.)
e. Commercial Adjacent to Residential. (See Transitional Development Standards 3.02.080.a.)
f. Infill/Redevelopment Setbacks. Setbacks are increased for Infill/Redevelopment projects. (See 10.1)
g. Accessory Buildings. (See 3.02.070.)
5.02.110. Projections into Yard (See 3.02.090.)
5.02.120. Building Height
The allowed height is fifty-five (55’) feet, for all buildings. Buildings higher than fifty-five (55’) feet may be allowed with a Conditional Use Permit.
a. 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. Telecommunication Towers. The Planning and Zoning Commission shall review the design of all proposed stealth and non-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.
1. Stealth telecommunication towers are permitted to a height of seventy-five (75’) feet.
2. Non-stealth telecommunication towers are permitted to a height of sixty (60’) feet.
5.02.130. Sidewalk 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
in Chapter 2).
5.02.140. Permissible Lot Coverage
a. Lot Coverage. Maximum Lot Coverage is ninety (90%) percent. 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.
5.02.150. Project Plan Approval (See 3.02.130.)
5.02.160. Parking and Loading (See 3.04.)
a. Proximity. Projects in the Mixed Use (MU) zone are allowed greater than two-hundred (200’) feet distance from the primary entrance as approved by the Zoning Administrator or designee.
b. Mixed-Use Buildings and Projects. The total parking requirement shall be the sum of the individual requirements for all uses.
c. Townhouses. Townhouses shall have two (2) off-street parking spaces per unit.
d. Joint Use Parking. Joint use parking facilities are encouraged. A joint use parking agreement, if executed according to the standards set forth in this section would allow a reduction
in the total requirement for a mixed-use building or project. (See 3.04.110.)
e. Parking Structures. Parking Structures are encouraged and must meet the requirements set forth in Section 3.04.
Underground Parking Structures. Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the
grade of the yard by more than two (2’) feet.
5.02.180. Commercial Design Standards
Commercial projects must meet commercial design standards. (See 7.)
5.02.190. Other Requirements
a. Entrances. 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.
1) The main entrance shall not be from a parking lot; however, secondary entrances from parking lots are permitted.
2) Interior buildings constructed as part of a campus development are exempt from these requirements.
b. Highway 20 Corridor (See 3.02.100.e.)
c. Infill/Redevelopment. Buffering is required as per Chapter 10: Infill/Redevelopment Projects.
d. Landscaping. (See 3.02.100.)
e. Outdoor Storage or Display. Outdoor storage or display requires a Conditional Use Permit (CUP).
f. Signs. (See 3.05) 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:
Sign requirements shall apply to the MU district, with the following exceptions:
Pole signs are not allowed;
b) Permitted detached signs shall be monument style and shall be limited to six (6’) feet in height.
g. Street lighting and utilities within the right-of-way shall be installed as per the City Engineering Standards.
h. Trash Storage. (See 3.02.120)
i. Walls, Fences, and Gates
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).
2. Fences (See 3.02.110.)
5.02.200. Lighting Standards
Lighting Standards are applicable as described in Section 3.6. Factors such as location of housing (onsite and offsite) and commercial land uses shall direct which standards are applicable.
SECTION 5.3: CENTRAL BUSINESS DISTRICT (CBD)
*All Zoning Standards apply. (See 3.01-3.06)
5.03.010. Purpose and Objectives
5.03.020. Architectural Design Standards
5.03.030. Permitted & Conditional Uses
5.03.040. Lot Area
5.03.050. Lot Width
5.03.060. Lot Frontage
5.03.080. Prior Created Lots
5.03.070. Lot Configuration & Density
5.03.080. Yard Requirements
5.03.090. Building Height
5.03.100. Distance Between Buildings
5.03.110. Permissible Lot Coverage
5.03.120. Mixed Use Projects
5.03.120. Parking, Loading and Access (See 3.04)
5.03.130. Project Plan Approval
5.03.140. Other Requirements
5.03.150. Sidewalk Cafés
5.03.160. Canopies & Marquees
5.03.170. Downtown Lighting
5.03.010. Purpose and Objectives
The CBD is established to recognize the historic central retail and service center of the City. The CBD Zone is intended to be located only in the central core area of the City and
to be expanded out from that central area in an orderly and progressive manner as the demand for additional commercial land is generated. This zone will tend to encourage an architectural
theme, which will strengthen the continuity of the downtown area and give it a "character" with which the citizens of Rexburg can identify.
The CBD Zone is a mixed-use zone and residential uses are encouraged on the upper floors of the downtown buildings. The CBD Zone is to be characterized by wide, clean, well-lighted
streets, ample pedestrian ways, and vehicular parking lots for the convenience and safety of the public. Attractive, inviting, and well-maintained shops, stores, offices, and other
buildings are also characteristic of this zone. On-street parking serves many of the businesses.
5.03.015. Architectural Design Standards
Introduction. Developments in the Central Business District shall implement projects with an overall community design in mind and in conformance with the downtown blueprint hereby adopted.
The need exists for Design Standards to be in place to ensure developments are coordinated into the overall community presentation and to preserve the integrity of the existing business
district and in the downtown as the “center” of the community.
These standards require a basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of negative impacts. Architectural Design standards are
reviewed by the Design Review Board. The intent is to allow flexibility in design, while reviewing projects for compliance to the Downtown Guiding Principles and Development Framework
as described below:
Guiding Downtown principles. The City of Rexburg values the historical sense of place that the downtown has provided for over one hundred (100) years. Recent studies have identified
several guiding principles that will guide the continuation of the downtown core over the next hundred years. These principles are as follows:
Downtown is a Pedestrian-Priority Area.
b) Downtown is the Civic, Social, and Cultural Center of Rexburg and Madison County.
c) Downtown is Highly Attractive to visitors and has a “historic” sense about it.
d) Downtown is the Heart of “America’s Family Community.”
e) Downtown is a Mixed-Use Center, which includes Retail, Office, Residential, Entertainment, Culture, and Educational facilities.
f) Downtown is Highly connected to the City, Region, and to BYU-Idaho.
g) Downtown is guided by Public-Private Partnerships, including Agencies.
h) Circulation System Manages “Through” and “To” Traffic Strategically.
i) Downtown Way-Finding and Parking Systems are User-Friendly.
j) Downtown Hosts a Central Plaza for Community Events and Activities.
k) Downtown is a great Place to Work, Visit, Shop, Learn, and Live.
Downtown Development Framework. The Development Framework that has been identified and
within which the community will pursue a revitalization blueprint is as follows:
Define and Focus Development on Target Markets.
b) Emphasize Mixed-Use Development with Ground Floor Retail.
c) Infuse Residential Units Downtown.
d) Build a Sound Parking System for Employees, Customers, Visitors, and Residents.
e) Build a Pedestrian and Cycling Pathway Network Linking Key Downtown Nodes.
f) Undertake Infill, Redevelopment, Adaptive Re-Use, and Historic Preservation. Implement an Urban Renewal Program.
g) Install Small Business Amenities and Services to Draw this Market.
h) Design the Place of Downtown for America’s Families.
i) Connect to Community & Region with Wayfinding, Gateways, Parking, Amenities, and Marketing.
j) Recruit Social Retailers to Reconnect with Major Regional Markets.
5.03.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the CBD zone. The following uses and structures indicated as “CUP” may be permitted
in the CBD zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
CENTRAL BUSINESS DISTRICT (*All dwellings must be above the ground floor without a CUP.)
Group Housing
Dwellings on 1st Floor
Apartments (high and low-rise)*
Family Apartments
Bed and Breakfast Inn* (See 3.02.160.) (attached to commercial or other non-residential use)
Boarding Houses* (See 3.02.160.)
Dormitory, Fraternity, Sorority (max. 6 persons/unit)
Group Home (Disabled & Elderly; under 8 residents)
Hotels
Membership Lodging
Multi-Family*
Religious Quarters
Short-Term Rental* (See 3.02.160.)
Single-family Dwelling*
2-family Dwelling: Duplex, Townhome*
Vacation Rentals
CUP
P
CUP
P
P
CUP
P
P
P
P
P
P
P
P
P
Care Facilities
Assisted & Residential Care Facility
Behavior, Drug & Alcohol Treatment
Day Care Centers
CUP
CUP
P
Place of Worship
Churches, Synagogues and Temples
Other Religious Activities
Religious Reading Rooms
P
P
P
Schools, public or private
Dancing Schools
Nursery Schools
CUP
P
Indoor Recreation
Athletic clubs, body building studios, aerobic centers & gymnasiums
P
Entertainment
Billiards and Pool Halls
Bowling Alleys
Coin-operated Amusements
Cultural Activities
Dance Halls, Ballroom
Ice Skating
Miniature Golf
Public Assembly
Roller Skating & Skate Boarding
Theatres (Auditoriums, Performing & Motion Picture)
P
P
P
P
P
P
P
P
P
P
Food
Bakeries & Doughnut Shops
Candy, nut & confectionery
Dairy Products
Eating Places; restaurants
Food stores
Grocery Stores (5 - 10 acres only)
Fruits & Vegetables
Miscellaneous retail food
P
CUP
CUP
P
P
P
CUP
P
Food
Bakeries & Doughnut Shops
Candy, nut & confectionery
Dairy Products
Eating Places; restaurants
Food stores
Grocery Stores (5 - 10 acres only)
Fruits & Vegetables
Miscellaneous retail food
P
CUP
CUP
P
P
P
CUP
P
Manufacturing
Small Generation (Minor assembly & other innocuous manufacturing)
CUP
Retail
Apparel and Accessories
Books, stationary, art and hobby supplies
Department Stores (junior and major chains)
Discount Department
Direct Selling Organization
Dry Goods and general merchandise
Electrical Supplies
Florists
Furniture, Home Furnishings & Equipment (No Combined Warehousing)
Garden Supplies (Inside Building Only)
Hardware
Heating & Plumbing Equipment (No Outside Storage)
Ice Dealers (Automated Machines or Pick-Up Stations Only)
Jewelry
Liquor Stores & Packaging
Merchandise Vending Machine Operators
Miscellaneous Retail Stores
Miscellaneous Retail Trade
Motorcycles, Motor Scooters, Parts, Accessories & Supplies
Paint, Glass & Wallpaper
Shopping Centers (Uses Listed Here; 5 - 10 acres)
Sporting Goods, Bicycles, And Toys
Surplus Stores (inside only)
Variety Stores
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CUP
P
P
P
Services
Auction Houses
Beauty & Barber shops
Building Maintenance
Drug & Proprietary Stores
Educational Services
Equipment Rental
Executive, legislative & judicial
Gas Stations
Gunsmiths
Laundry & Dry Cleaning
Libraries
Locksmiths & key shops
Miscellaneous Business Services
Miscellaneous Service Organizations
Package Antiques & Second-Hand Merchandise
Package Second-Hand Auto Parts (indoor only)
Personal Services (except wedding chapel and reception centers)
Photographic Services
Postal Services
Protective functions & related activities
Repair, Furniture
Repair, Garment, Pressing & Alteration (no on-site dry-cleaning)
Repair, Miscellaneous Small Item
Repair & Service, Electrical Appliance
Saw, Knife & Tool Sharpening
Shoe Repair, Hat Cleaning
Spas
Video Rental Shops
Wedding Chapels & Reception Centers
CUP
P
P
P
P
CUP
P
CUP
P
CUP
P
P
P
P
P
P
P
P
P
P
P
P
CUP
P
CUP
CUP
P
P
CUP
Office
Banks, Insurance & Real Estate Offices
Business (office & retail sales only)
Call Centers (additional parking provided & approved by Zoning Admin.)
Contract Construction Services office & retail
Dwelling & Building Services Office
Mail & phone order houses
Miscellaneous business services office
Professional Services office (except behavior, drug & alcohol treatment)
Refuse disposal company office
Travel Agencies
Utility, Electric Company office
Utility, Gas Company Office
Utility, Water or Irrigation Company office
P
P
P
P
CUP
P
P
P
P
P
P
P
P
Office
Banks, Insurance & Real Estate Offices
Business (office & retail sales only)
Call Centers (additional parking provided & approved by Zoning Admin.)
Contract Construction Services office & retail
Dwelling & Building Services Office
Mail & phone order houses
Miscellaneous business services office
Professional Services office (except behavior, drug & alcohol treatment)
Refuse disposal company office
Travel Agencies
Utility, Electric Company office
Utility, Gas Company Office
Utility, Water or Irrigation Company office
P
P
P
P
CUP
P
P
P
P
P
P
P
P
Automobile Parking Lots and Garages (no impound or long-term storage)
Parking Garages (>10 parking spaces & garage majority of space)
P
CUP
Transportation
Bus transportation (no garaging & equipment maintenance)
Heliport (pad only, no maintenance)
Motor vehicle transportation
P
CUP
P
Crematory
Funeral parlor (mortuary)
P
P
Utilities
Communications
CUP
Permitted Accessory Uses. (See 3.02.100.)
Accessory
Accessory Building
P
5.03.030. Lot Area
There is no minimum lot area in the CBD zone.
5.03.040. Lot Width
Each lot or parcel of land in the CBD Zone shall have an average width of not less than thirty (30’) feet.
5.03.050. Lot Frontage
Each lot or parcel of land in the CBD Zone shall abut on a public street for a minimum distance of twenty-four (24’) feet on a line parallel to the center of said street.
5.03.060. Prior Created Lots (See 3.03.070.c.)
5.03.070. Lot Configuration and Density.
Residential dwelling density shall not exceed forty (40) dwelling units per acre.
5.03.080. Yard Requirements
The following minimum yard requirements shall apply in the CBD Zone:
Front Yard. The minimum front yard setback shall be zero (0’) feet. The maximum front yard setback
shall be ten (10’) feet from 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.
Side Yard. Except as provided in this section, there shall be no side yard requirements.
c. Rear Yard. No requirement.
d. Projections into Yards (See 3.02.080.) No part of any building shall overhang the public right-of-way.
e. Transitional Development Standards. (See 3.02.080.)
5.03.090. Building Height
Buildings and portions of buildings within the CBD shall not exceed forty-five (45’) feet in height.
a. Proximity to Residential Zone. Buildings within fifty (50’) feet of a residential zone shall be limited to
thirty-five (35’) feet in height, measured at the top of building’s horizontal wall, or maximum height of the affected residential zone.
b. Extra Residential Floor. One additional story or ten (10’) feet in height shall be allowed extra when the building contains a floor of residential units that are not located on first
floor or street level.
c. Additional height may be allowed with a Conditional Use Permit (CUP).
5.03.100. Distance Between Buildings
No requirement except as regulated by the provisions of the Building Code of Rexburg, ID.
5.03.110. Permissible Lot Coverage
No requirement except as may be dictated by the necessary provision of off-street parking and other applicable requirements.
5.03.115. Mixed Use Projects
Mixed-Use projects, where the ground floor use is non-residential (i.e., retail shops on the main floor with apartments over the top), shall be built to the commercial development standards.
5.03.120. Parking, Loading, and Access
Each Lot or parcel in the CBD Zone shall provide automobile parking sufficient to meet the requirements as set forth in section 3.04.
a. Parking shall be calculated for each use individually, based on its own standard.
b. Additional Parking. Additional parking spaces may be required if a new use requires more parking than traditional retail.
c. Residential Uses.
1. Required parking for residential uses shall be provided on the subject lot or parcel when possible.
2. When not possible, required parking may be provided on a separate lot or parcel in the vicinity after the approval of a conditional use permit.
d. Parking areas shall be adequately screened from adjacent right-of-way.
5.03.130. Project Plan Approval (See 3.02.120.)
5.03.140. Other Requirements
Mixed-use projects, where the ground floor use is non-residential (i.e., retail shops on the main floor with apartments over the top), shall be built to the commercial design standards
(See 7) and the following:
Uses Within Buildings. All uses established in the CBD Zone shall be conducted entirely within a fully-enclosed building except those uses deemed by the Planning and Zoning Commission
to be customarily and appropriately conducted in the open, and other uses which are allowed by the Planning and Zoning Commission to be conducted in the open through the granting of
a CUP. Uses customarily deemed to be conducted in the open may include, but would not be limited to, ice skating, miniature golf, etc.
b. Fences
1. Entry Treatments to Private Driveways or Subdivision Development Entrances. Entry treatments to private driveways or subdivision development entrances may not exceed six (6’) feet
at the highest point, except lamps on pillars. Lamps on pillars shall be allowed to extend up to eight (18”) inches above the allowable height of the fence, provided the pillars shall
have a minimum spacing of no less than six (6’) feet, measured from face-to-face.
2. Privacy Walls. Privacy walls which project into a required front yard will be subject to the Zoning Administrator or designee for review.
c. Landscaping.
A minimum of ten (10%) percent landscaping shall be provided for all parking lots and shall be useable for snow storage.
d. Trash Storage. (See 3.02.110)
1. Materials for Screening. Materials and location of the screened areas shall be reviewed and approved by the Zoning Administrator or designee prior to installation. Materials used
for screening should be consistent with the predominant material found in the exterior construction of the building used by the business served, however, as a minimum, a vinyl fence
will be allowed.
e. Walls and Fences. (See 3.02.100.)
1. Entryways. Entry treatments to private driveways or subdivision development entrances may not exceed six (6’) feet at the highest point, except lamps on pillars. Pillars shall be
allowed to extend up to eighteen (18”) inches above the allowable height of a fence provided that the pillars shall have a minimum spacing of no less than six (6’) feet, measured face-to-face.
2. Privacy Walls. Privacy walls which project into a required front yard will be subject to Committee Development Director or Designee review.
3. Double Frontage Lots. A fence or wall may be erected in the rear yard of a double frontage lot subject to Committee Development Director or Designee review.
f. Signs.
Signing of shops and business establishments should be simple and attractive with signs mounted flat against the building to reduce the sign clutter and enhance the aesthetics of the
downtown area.
Blade signs that are placed between eleven (11’) feet and sixteen (16’) feet above sidewalk are allowed in the right-of-way as approved by City Engineer.
3. All signs shall conform to Section 3.5: Signs in Rexburg.
5.03.145 Sidewalk Cafes
A sidewalk café shall be permitted if the following requirements are met:
An applicant submits scaled plans demonstrating that the café will conform to the following development standards:
Unobstructed Sidewalk. At least six (6’) feet of clear, unobstructed sidewalk width will remain available for pedestrian use and shall be required between any portion of the café area
and any sidewalk obstructions such as tree wells, street signs, utility poles, newspaper racks, benches, kiosks, drinking fountains and landscaped areas.
2. Furnishings. Tables, chairs and other furnishings associated with the café will be located directly adjacent to the building and ground floor space in which food or drink is prepared.
3. Setback. A setback of five (5’) feet will be maintained from the dining area to a property or lease boundary and from the intersection of the public sidewalk with a driveway, alley,
street or another public sidewalk.
4. No Barriers. If the sidewalk café is limited to one row of tables and chairs parallel to the building, no barriers will be erected to impede access. If a sidewalk café is designed
to have more than one such row of tables and chairs, a non-sight obscuring removable barrier not more than three (3’) feet high enclosing the tables and chairs shall be constructed.
Barrier gates shall not swing into the required unobstructed sidewalk area required in subsection (1) above.
5. Awnings associated with the café will be installed in accordance with the Building Code.
6. Umbrellas shall not extend into the required unobstructed sidewalk area.
7. Signs associated with the café will be installed in accordance with Rexburg City Code.
8. Adequate facilities for the storage of trash and tobacco waste products generated by the café will be provided at a convenient location.
Agreement. An agreement between the applicant and the City is executed and recorded that includes the following provisions:
No alcohol will be consumed on the sidewalk.
2. Insurance. Insurance will be continuously maintained to adequately co-insure Rexburg City against any liability associated with the sidewalk café, as reasonably determined by the
City. The insurance certificate shall name the City as an “additional insured.” Cancellation of such insurance shall require at least thirty (30) days prior notice to the City.
3. Liability. Rexburg City, its officers, agents and employees, will be held harmless from any claims, causes of action, injuries, losses, damages, expenses, fees and costs, including
attorneys’ fees, associated or arising from the operation of the café.
4. Damage. The café owner and operator will be responsible for repair of any damage done to the public sidewalk due to the installation or removal of furnishings, barriers or other
features of the sidewalk café.
5. Hours. Hours of café use will be limited to not earlier than 7:00 A.M. and not later than 11:00 P.M. and will not exceed the operating hours of the associated eating or drinking
establishment.
6. Music. Within the sidewalk café the use of sound reproduction equipment will be prohibited and live acoustic music and musical instruments will be allowed, providing sound levels
are controlled so as to not disturb other businesses and are kept within legal decibel levels per City noise regulations.
7. Sidewalk Maintenance.
The sidewalk café and surroundings will be maintained in a neat and clean condition at all times.
b) All tables and chairs, any barrier, and other sidewalk obstructions associated with the sidewalk café will be removed during the time period between one-half (½) hour after close
of business to one-half (½) hour before opening of the business.
c) The Café owner and operator will remove café improvements if necessary for sidewalk repair or replacement, utility maintenance, or upon failure to comply with the terms of the agreement.
5.03.150 Canopies and Marquees.
Canopies and/or marquees may be extended over public sidewalks in the CBD Zone only after a Conditional Use Permit (CUP) has been granted by the Planning and Zoning Commission for their
erection and after a revocable license has been issued by the Rexburg City Mayor in accordance with the procedures outlined herein. Said marquees or canopies may be supported by columns
or stanchions which are attached to the ground within the public right-of-way and do not extend beyond the street curb line.
Canopies and marquees erected in the CBD Zone must comply with all of the following conditions:
1. Conditional Use Permit. A CUP must first be granted by the Planning and Zoning Commission following an application submitted to the Planning and Zoning Commission. Procedure for
granting a conditional use permit for this purpose shall be in accordance with Rexburg City Code.
The Planning and Zoning Commission shall not grant a conditional use permit for any construction of such canopies or marquees unless the following is fully demonstrated to their satisfaction:
The canopy or marquee is harmonious in design and appearance with the building upon which it is being located, and with the general architectural and visual theme of the CBD Zone.
The canopy or marquee will be constructed of materials contained on the materials list for the CBD
Zone approved by resolution of the City Council.
The canopy or marquee will tend to improve the visual environment of the City, will not be harmful to any existing tree or landscaping element, will increase downtown property values,
and will promote the objectives and characteristics of the Central Business District zone as set forth herein.
Canopies or marquees shall remain open and unencumbered on three (3) sides except for required supporting columns, stanchions, or architectural features approved by the Planning and
Zoning Commission.
The location of supporting columns or stanchions will not obstruct pedestrian traffic on the sidewalk, and will not materially affect existing landscaping or street furniture installations
in the public right-of- way.
Right-of-way.
In no event shall any portion of the public right-of-way be used for commercial storage, display, or other private use.
2) The construction of any canopy or marquee under the provisions of this section shall in no way deprive the public of use of the public right-of-way.
g) Landscaping. In the event that no public landscaping exists in the area adjacent to said canopy or marquee, the Planning and Zoning Commission shall require the provision of a landscaped
and planted area no less than four (4’) feet in width and no greater than six (6’) feet in width to be planted with materials as part of the granting of a conditional use permit. This
planting shall be provided at least the full width of the canopy or marquee installation.
h) Building Code. All canopy or marquee installations will be in full conformance with the provisions of the Building Code of Rexburg, ID. The provisions of this section are not intended
to in any way nullify or repeal any portions of the Building Code provisions.
2. License. A license shall be obtained from the Mayor permitting such construction. Conditions deemed appropriate by said Mayor may be imposed upon the granting of a license.
a) Revoked. Said license may be revoked after ninety (90) days of written notice to the licensee, at which time all improvements must be removed from the public right-of-way at the
full expense of said licensee.
1) Restoration. The City right-of-way shall be restored by the licensee at his own expense to a condition equivalent or better than that existing in the remainder of the block face,
and to a condition satisfactory and acceptable to the Mayor.
3. Liability. The licensee shall agree to save and hold harmless the City on any and all damage to any property or person arising from the construction and maintenance of such canopies
or marquees.
a) Licensee shall assume and pay all costs of installation, maintenance, and removal of said canopy or marquee.
b) The licensee shall agree to pay damages and hold the City harmless from any claim that may arise through the licensee's use of public property for this purpose.
5.03.160. Lighting Standards (See 3.6.)
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CHAPTER 6: AGRICULTURE ZONES (CONCURRENT ZONES)
*All Zoning Standards apply. (See 3.01-3.06)
6.00.010. Purpose and Objectives
6.00.020. Permitted & Conditional Uses
6.00.030. Permitted Accessory Uses
6.00.040. Lot Area
6.00.050. Lot Frontage
6.00.060. Prior Created Lots
6.00.070. Lot Area per Dwelling
6.00.080. Yard Requirements
6.00.090. Projections into Yards
6.00.100. Building Height
6.00.110. Distance Between Buildings
6.00.120. Permissible Lot Coverage
6.00.130. Parking, Loading, and Access
6.00.140. Code Exemptions of Agriculture Buildings
6.00.150. Project Approval
6.00.160. Other Requirements
6.00.170. Lighting Standards
6.00.010. Purpose and Objectives
The Transitional Agricultural zones are intended to anticipate expansion of the City into agricultural areas (lands). Permitted uses in the TAG zones include all primary agricultural
production activities and their accessory uses and buildings, including farm homes. The TAG zones are established to ensure transitional regulations pursuant to, and provide uniform
enablement of the provisions of Section 10.3: Impact Area, of this title.
6.00.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the TAG zones. The following uses and structures indicated as “CUP” may be permitted
in the TAG zones only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
TRANSITIONAL AGRICULTURE
Resource Production
Agriculture
P
Residential
Manufactured – House on permanent foundation (>24’ wide)
Single-family Dwelling
CUP
P
Group Housing
Boarding Houses (See 3.02.160.)
Group Home (Disabled & Elderly; under 8 residents)
P
P
Care Facilities
Hospitals
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Schools
CUP
Services
Airports
Commercial Kennels
Home Occupations (See 4.00.040.)
Public Buildings
Small Animal Veterinarian Services (inside only)
CUP
CUP
CUP
CUP
CUP
Cemeteries
CUP
Utilities
Broadcasting Towers
CUP
Permitted Accessory Uses. (See 6.00.010.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted
principal use or structure.
Accessory
Accessory Building
P
6.00.030. Permitted Accessory Uses. (See 3.02.070.a.)
Accessory uses and structures are permitted in the TAG zones provided they are incidental to, and do not substantially alter the character of the permitted use or structure, and are
located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to, the following:
Residential Uses. (See 4.00.020.)
Swimming pools and incidental bath houses subject to the standards of Rexburg City Code.
Caretaker or Employee. A detached single-family residence used only for the use of a caretaker, watchman, or similar employee of a permitted use, when located upon the same site as
said permitted use.
No Open Storage. Nothing herein shall be construed to permit the open storage of materials or equipment used in conjunction with permitted uses, or shall be concealed from view from
public or private streets.
Livestock. No more than ten (10) livestock are permitted in a TAG zones. However, this does not include commercial enterprises or animal-related business such as produce packing plants,
fur farms, veterinary clinics, animal hospitals, feed lots, poultry and egg farms, hog farms, dog kennels, honey processing, and similar uses which would constitute a “business” as
opposed to that of the raising of agricultural crops and/or pasture.
6.00.040. Lot Area
The minimum area of any lot or parcel of land in the TAG zones shall be two (2) acres.
6.00.050. Lot Frontage
Each lot or parcel of land in the TAG zones shall abut a public street for a minimum distance of thirty-five (35’) feet, on a line parallel to the centerline 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.
6.00.060. Prior Created Lots (See 3.03.070.c.)
6.00.070. Lot Area per Dwelling
One (1) single-family dwelling. Any caretaker dwelling established in conjunction with a permitted use in the TAG zones shall have a land area of at least five thousand (5,000) square
feet devoted exclusively to the use of the inhabitants of said residential unit.
6.00.080. Yard Requirements
The following minimum yard requirements shall apply to the TAG zone:
Front Yard. Each lot or parcel of land in the TAG zones shall have a front yard of not less than fifty (50’) feet from right-of-way and, except for single family detached homes, shall
not be used for vehicular parking or maneuvering except such portion as is devoted to driveway use for direct access from a street to a garage or carport.
Side Yard. Each lot or parcel of land in the TAG zones shall have a side yard setback of not less than ten (10’) feet, and shall not be used for vehicular parking or maneuvering except
such portion as is devoted to driveway use for direct access from a garage or carport.
Accessory Buildings. (See 3.02.060.)
Rear Yard. Each lot or parcel of land in the TAG Zone shall have a rear yard setback of not less than twenty-five (25’) feet.
6.00.090. Projections into Yards (See 3.02.090)
6.00.100. Building Height
Any building or structure or portion thereof hereafter erected which is not of an agricultural nature shall not exceed two and one-half (2½) stories, or thirty feet (30’) in height,
measured at the top of building’s horizontal wall.
6.00.110. Distance Between Buildings (See 3.02.060.)
6.00.120. Permissible Lot Coverage
The maximum lot coverage for all buildings and structures shall not be greater than thirty (30%) percent of the lot area.
6.00.130. Parking, Loading, and Access (See 3.04)
6.00.140 Code Exemptions of Agricultural Buildings
By State Law, agricultural buildings, as defined by the State of Idaho, are exempt from Building Codes.
6.00.150. Project Approval (See 3.02.130)
6.00.160. Other Requirements
Landscaping. (See 3.02.100.)
Trash. (See 3.02.120.)
Signs. (See 3.5.)
6.00.170. Lighting Standards (See 3.6.)
SECTION 6.1: TRANSITIONAL AGRICULTURAL 1 (TAG1)
*All Zoning Standards apply. (See 3.01-3.06) *All Agricultural Zone Standards apply. (See 6.0)
6.01.010. Lot Width
Each lot or parcel of land in the TAG1 zone shall have a width of not less than eighty (80’) feet.
SECTION 6.2: TRANSITIONAL AGRICULTURAL 2 (TAG2)
*All Zoning Standards apply. (See 3.01-3.06) *All Agricultural Zone Standards apply. (See 6.0)
6.02.010. Lot Width
Each lot or parcel of land in the TAG2 zone shall have a width of not less than two hundred and fifty (250’) feet.
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CHAPTER 7: COMMERCIAL ZONES
*All Zoning Standards apply. (See 3.01-3.06)
COMMERCIAL DESIGN STANDARDS
7.00.010 Purpose and Objectives
7.00.020 Definitions
7.00.030 Back and Sides of Building
7.00.040 Central Features & Community Spaces
7.00.050 Entryways
7.00.060 Exterior Materials and Colors
7.00.070 Outdoor Storage, Trash Collection & Loading Areas
7.00.080 Parking Lot Orientation
7.00.090 Pedestrian Flows
7.00.100 Roof Lines
A. Structures Less than 25,000 sq. ft.
7.00.110 Facades
B. Structures 25,000 sq. ft. and greater
7.00.120 Facades
7.00.130 Entrances
7.00.140 Building Reuse and Maintenance Plan
OTHER REQUIREMENTS (See 7.00.150.)
7.00.010. Purpose and Objectives
The purpose of the Commercial Design Standards is to augment the existing criteria contained in the current commercial zones with more specific interpretations for Large Scale Commercial
Developments while minimizing the potential nuisances to residential zones. Design standards have been adopted by the City of Rexburg to promote high quality development and growth
and to coordinate the overall community presentation with an overall community design in mind. These standards require a basic level of architectural variety, compatible scale, pedestrian
and bicycle access, and mitigation of negative impacts.
Objectives.
The design standards will help stabilize and possibly increase property values by providing investors assurance that property adjacent to theirs will be meet minimum design standards.
2. Design standards will promote a more interesting City and better create a “sense of place.”
3. A community with an expectation of high quality development will attract businesses and employers that feel the same about their companies, thus perpetuating a higher quality community
that promotes quality business.
4. Understanding these standards and applying them initially will ensure a shortened approval process.
b. These standards are to be used in conjunction with the Subdivision Ordinance and other City Development Regulations.
c. Exception: Central Business District. These standards do not directly apply to the Central Business District as that particular zone has its own individual specific requirements.
d. Standard sections 7.00.010 -7.00.120 are applicable to all Commercial buildings. Sections 7.00.130-7.00.170 are additional requirements specific to the size of the commercial structure.
7.00.020. Definitions
The following terms are defined in Chapter 2:
Articulate
Breezeway
Building Face, Front
Building Face, Public
Design Standards
Facade
Large Scale Commercial Structures
Pedestrian Oriented Development
Pedestrian Walkway
Public/Private Right-of-Way
7.00.030. Back and Sides (See Entrances)
The rear or sides of buildings often present an unattractive view of blank walls, loading areas, storage areas, HVAC units, garbage receptacles, and other such features. Architectural
and landscaping features should mitigate these impacts.
Setback. The minimum setback for any building facade shall be in accordance with the requirements for the commercial zone.
1. Exception: Central Business District
b. Facade Faces Residential. Where the facade faces adjacent residential uses, an earthen berm shall be
installed, no less than six (6’) feet in height.
Landscaping of Berm. At a minimum, the berm shall contain a double row of evergreen or deciduous trees planted at intervals of fifteen (15’) feet on center.
Zone Landscaping Requirements. Any and all additional landscape requirements of all the commercial zones, except Community Business Center, shall apply.
Additional Landscaping. Additional landscaping may be required by the Planning and Zoning Commission to effectively buffer adjacent land use as deemed appropriate.
7.00.040. Central Features and Community Spaces
a. Objectives.
Buildings should offer attractive and inviting pedestrian scale features, spaces and amenities. Special design features such as towers, arcades, porticos, pedestrian light fixtures,
bollards, planter walls, and other architectural elements that define circulation ways and outdoor spaces should anchor pedestrian ways.
Entrances and parking lots shall be configured to be functional and inviting with walkways conveniently tied to logical destinations.
Bus stops and drop-off/pick-up points shall be considered as integral parts of the configuration.
The features and spaces should enhance the building and the center as integral parts of the Community fabric.
Each commercial establishment subject to these standards shall contribute to the establishment or enhancement of Community and public spaces by providing at least two (2) of the following:
Patio/seating area
Pedestrian plaza with benches
Transportation center
Window shopping walkways
Outdoor play area
Kiosk area
Water feature
Clock tower
Steeple
Other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Planning and Zoning Commission, adequately enhances such Community and public spaces.
Materials. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials
of the building and landscape.
d. Bus Areas. Bus areas shall be provided or designed to accommodate possible (future) bus service and the growing number of private bus services (i.e., nursing home/assisted living,
student housing complexes, etc.)
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Example of a center with numerous special features and Community spaces
7.00.050. Entryway
Entryway design elements and variations should give orientation and aesthetically pleasing character to the building.
Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three (3) of the following:
Canopies or porticos
Overhangs
Recesses/projections
Arcades
Raised corniced parapets over the door
Peaked roof forms
Arches
Outdoor patios
Display windows
Architectural details such as tile work and moldings which are integrated into the building structure and design
Integral planters or wing walls that incorporate landscaped areas and/or places for sitting
The Planning and Zoning Commission may waive this requirement as part of an agreed upon development plan.
/
7.00.060. Exterior Materials and Colors
Exterior building materials and colors should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods.
High Quality. Predominant exterior building materials shall be high-quality materials. These include, without limitation:
Brick
Wood
Sandstone
Other native stone
Tinted, textured, concrete masonry units
Stucco, EIFS, Dryvit
Material that are designed to appear as wood (excluding vinyl)
Colors
1. Facade colors shall be low reflectance, subtle, neutral, or earth tone colors.
2. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited.
3. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for trim or accent.
e. Predominant exterior building materials as well as accents visual from street or public parking shall not include the following:
Smooth-faced concrete block
Tilt-up concrete panels without mitigating surface treatment
Pre-fabricated steel panels
Vinyl siding
These materials may be used on building sides that are not visible from a street or public parking.
7.00.070. Outdoor Storage, Trash Collection, and Loading Areas (See 3.02.120.)
Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods.
a. When visible from adjoining properties and/or public streets, these areas should be screened, recessed, or enclosed.
Location.
Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights-of-way.
No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within twenty (20’) feet of any public thoroughfare or street, public sidewalk,
or internal pedestrian way.
3. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than
forty (40’) feet apart, or on those sides of buildings that do not have customer entrances.
Service Functions. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated
into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and
public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.
Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences.
Materials, Colors, and Designs. Materials, colors, and designs of screening walls and/or fences shall conform to those used as predominant materials and colors of the building.
Cover. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the buildings.
Temporary sales/displays, such as Christmas trees, landscape materials, and fireworks, shall follow all outdoor requirements for all of the Commercial zones, except Central Business
District, as described in the Development Code.
Location and time/duration of such sales/displays shall be reviewed and approved by the Zoning Administrator or appointed designee.
7.00.080. Parking Lot Orientation
Parking areas should provide safe, convenient, and efficient access for vehicles and pedestrians. They should be distributed around large buildings in order to shorten the distance
to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian
traffic is encouraged, and architectural details take on added importance.
Front Yard Parking. No more than sixty (60%) percent of the off-street parking area for the entire property shall be located between the front façade, within the front yard of the principal
building(s), and the primary abutting street, unless the principal building(s) and/or parking lots are screened from view by out-lot development (such as restaurants) and additional
tree/bush plantings and/or berms.
b. Buffered from adjoining streets. Parking areas should be visually buffered from adjoining streets to minimize the visual impact of off-street parking. (See 3.04.040.e.)
c. Large Parking Lots for over 50 Parking Spaces. (See 3.04.040.e.1.)
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7.00.090. Pedestrian Flows
Pedestrian accessibility opens auto-oriented developments to the neighborhood, thereby reducing traffic impacts with the placement of public sidewalks and internal pedestrian circulation
systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds.
Sidewalks. Sidewalks shall be at least five (5’) feet in width, (six (6’) feet in width where vehicle overhang will occur).
Along Right-of-Way. Sidewalks shall be provided along all sides of the lot that abut a public or private right-of-way, excluding interstates.
2. Along Building. Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas.
3. From Facade. Sidewalks shall be located an average of six (6’) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such
as arcades or entryways are part of the facade.
4. Doors. Entry/exit doors shall not be allowed to encroach upon the required sidewalk width when
opened.
5. The Planning and Zoning Commission may waive this requirement as part of a development agreement.
Internal Pedestrian Walkways. Continuous internal pedestrian walkways, no less than five (5’) feet in width (six (6’) feet in width where vehicle overhang will occur), shall be provided
from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site.
Connections. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, and building and store entry points.
2. Landscape. Walkways shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than fifty (50%)
percent of their length.
3. Materials. All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or
scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.
4. Signs. Signs shall be installed to designate pedestrian walkways.
7.00.100. Roof Lines
Variations in roof lines should be used to add interest to and reduce the massive scale of large buildings. Roof features should complement the character of adjoining neighborhoods.
Roof-lines that are visible from a city street, public way, or any facility or parking lot used by the general public shall be varied with a change in height every one hundred (100’)
linear feet in the building length.
b. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view.
c. Alternating lengths and designs may be acceptable and can be addressed during the preliminary development plan.
Structures less than 25,000 sq. ft.
Principal buildings shall contain additional, separately owned stores, which occupy less than twenty-five thousand (25,000) square feet of gross floor area, with separate, exterior customer
entrances.
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7.00.110 Facades
Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large
commercial buildings and provide visual interest that will be consistent with the Community’s identity, character, and scale. Facades should encourage a more human scale that residents
of Rexburg-Madison County will be able to identify with their Community. The resulting scale will ensure a greater likelihood of reuse of structure by subsequent tenants.
a. Wall Projections and Recesses. Developments with a facade over sixty (60’) feet in linear length that are visible from a city street, public way, or any facility or parking lot used
by the general public shall incorporate wall projections or recesses a minimum of two (2’) feet in depth and a minimum of eight (8’) contiguous feet for each sixty (60’) feet of length
and shall extend over twenty (20%) percent of the facade.
b. Animating Features. Developments shall use animating features such as arcades, display windows, entry areas, or awnings on at least forty (40%) percent of the facade.
c. Where there are additional, smaller separately-owned stores, with separate, exterior customer entrances located in the principal building or development side, the following standards
apply:
Street Level. The street level facade of such stores shall be transparent between the height of three (3’) feet and eight (8’) feet above the walkway grade for no less than forty (40%)
percent of the horizontal length of the building facade of such additional stores.
Windows. Windows and window displays should be used to contribute to the visual interest of exterior facades.
Windows shall be recessed and should include visually prominent sills, shutters, or other such forms of framing.
B. Structures 25,000 sq. ft. and Greater
Principal buildings can contain additional, separately owned stores, which occupy more than twenty-five thousand (25,000) square feet of gross floor area, with multiple exterior customer
entrances.
/
7.00.120 Facades
Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large commercial buildings and provide visual interest that will be consistent with
the Community’s identity, character, and scale. Facades should encourage a more human scale that residents of Rexburg-Madison County will be able to identify with their Community.
The resulting scale will ensure a greater likelihood of reuse of structure by subsequent tenants.
a. Wall Projections or Recesses. Developments with façade over one-hundred (100’) feet in linear length shall incorporate wall projections or recesses a minimum of two (2’) feet depth
and a minimum of twenty (20’) continuous feet within each one-hundred (100’) feet of facade length that is visible from a city street, public way, or any facility, or parking lot used
by the general public and shall extend over twenty (20%) percent of the facade.
Animating Features. Developments shall use animating features such as arcades, display windows, entry areas, or awnings along at least sixty (60%) of the facade.
/
Where principal buildings contain additional, smaller separately-owned stores, which occupy less than twenty-five thousand (25,000) square feet of gross floor area, with separate, exterior
customer entrances, on a development site, the following regulations apply:
Street Level. The street level facade of such stores shall be transparent between the height three (3’) feet and eight (8’) feet above the walkway grade for no less than sixty (60%)
percent of the horizontal length of the building facade of such additional stores.
Windows. Windows shall be recessed and should include visually prominent sills, shutters, or other such forms of framing.
7.00.130. Entrances
Multiple Entrances. Large commercial buildings should feature multiple entrances. Multiple building entrances reduce walking distances from cars, facilitate pedestrian and bicycle
access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments in a store.
Additional Stores. Where additional stores will be located in the principal building, each store shall have at least one (1) exterior customer entrance, which shall conform to the above
requirements. The number of entrances needed for a principal building shall be addressed at the preliminary development plan stage.
All sides of a principal building that directly face an abutting public or private right-of-way shall feature at least one (1) customer entrance.
Back and Sides. Any back or side of a building visible from a public or private right-of-way shall be built in accordance with paragraph 7.00.150.a.2. above. The Planning and Zoning
Commission may waive this requirement as part of an agreed upon development plan.
3. Primary and Secondary Facing. Where a principal building directly faces more than two (2) abutting public or private rights-of-way, two (2) sides of the building shall each feature
a customer entrance, including the side of the building facing the primary street, and another side of the building facing a secondary street.
/
Example of a development with customer entrances on all sides which face a public street.
7.00.140. Building Reuse and Maintenance Plan
Applications for large-scale, commercial structures or establishments shall include a reuse and maintenance plan that will afford maximum opportunity, consistent with the sound needs
of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or relocation by the original occupant.
Such plan will be approved if the Planning and Zoning Commission finds that all of the following items are adequate:
Comprehensive Plan and Development Code Compliance. The plan conforms to the City's growth policy and the requirements of this title or parts thereof for the municipality as a whole.
Sound Financial Program. A sound and adequate financial program exists for the financing of said redevelopment.
3. Rehabilitation and Redevelopment. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the municipality.
4. Normal Upkeep and Repairs. The reuse plan provides a maintenance plan for normal repairs and
upkeep of property, including but not limited to building, parking lots and surfacing, landscaping, signage, and elimination of "ghost signage."
Development Agreement. The City may enter into a development agreement with the owner of the real property and undertake activities, including the acquisition, removal, or demolition
of structures, improvements, or personal property located on the real property, to prepare the property for redevelopment.
A development agreement entered into in accordance with this section must contain provisions obligating the owner to redevelop the real property for the specified use consistent with
the provisions of this title and offering recourse to the City if redevelopment is not completed as determined by the City
7.00.150. Other Requirements.
a. Uses Within Buildings. All uses established in a commercial zone shall be conducted entirely with in a fully-enclosed building except those uses deemed by the Planning and Zoning
Commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, ice skating, miniature golf, plant nurseries,
etc.
b. Trash Storage. (See 3.02.120.)
1. Materials and Location.
Materials used for screening should be consistent with the predominant material found in the exterior construction of the building used by the business served.
As a minimum, a vinyl fence will be allowed.
7.1 RESERVED
SECTION 7.2: COMMUNITY BUSINESS CENTER (CBC)
*All Zoning Standards apply. (See 3.01-3.06) *All Commercial Zone Standards apply. (See 7.0)
7.02.010. Purpose and Objectives
7.02.020. Permitted & Conditional Uses
7.02.025. Single Ownership and Control
7.02.030. Lot Area
7.02.040. Lot Width
7.02.050. Lot Frontage
7.02.060. Prior Created Lots
7.02.070. Yard Requirements
7.02.080. Projections into Yards
7.02.090. Building Height
7.02.100. Distance Between Buildings
7.02.110. Permissible Lot Coverage
7.02.120. Parking, Loading and Access
7.02.130. Project Plan Approval
7.02.140. Other Requirements
7.02.150. Commercial Design Standards
7.02.160. Commercial Lighting Standards
7.02.010. Purpose and Objectives
The Community Business Center Zone is established to provide an area in which a general shopping center facility can be established to satisfy the specialty shopping needs of a community
or a group of neighborhoods. It is intended that the CBC zone will be characterized by specialty shops situated in an attractively designed shopping center complex surrounded by appropriate
landscaping.
Integrated Shopping Center. The CBC zone shall not be applied to an existing commercial development which has not been designed and constructed as an integrated community shopping center.
Street Access. The CBC zone will be located adjacent to major thoroughfares or collector streets which will provide immediate access for automobile traffic without passing through residential
areas.
7.02.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the CBC zone. The following uses and structures indicated as “CUP” may be permitted
in the CBC zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
COMMUNITY BUSINESS CENTER (CBC)
Resource Production
Farming, Fibers, Fruits, Vegetables
Grain (silos)
P
CUP
Group Housing
Campgrounds and Travel
Motels & Motor Hotels
Residential Facility for Elderly Persons (not including assisted living; greater than 8 residents)
P
CUP
CUP
Care Facilities
Day Care Centers
Hospitals
Nursing Home
Out-Patient Medical
P
P
CUP
P
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or private
Nursery Schools
Schools
P
P
Indoor Recreation
Athletic clubs, body building studios, aerobic centers & gymnasiums
P
Entertainment
Amusement Parks
Arcades
Art Galleries
Athletic Fields
Billiards and Pool Halls
Bowling Alleys
Campgrounds & Travel
Coin-operated Amusements
Dance Halls, Ballroom
Drive-In Movies
Fairgrounds
Go-Cart, 4-wheeler Tracks
Golf Driving Ranges
Ice Skating
Miniature Golf
Museums
Parks & Playgrounds
Recreation Centers
Riding Stables
Roller Skating Rink
Roller Skating & Skate Boarding Park
Skiing & Tobogganing
Stadiums, Arenas & Field Houses
Swimming Pools
Tennis Courts
Theatres (Auditoriums, Performing Theatres, Motion Picture)
P
P
P
P
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
CUP
P
CUP
P
CUP
P
P
P
Entertainment
Amusement Parks
Arcades
Art Galleries
Athletic Fields
Billiards and Pool Halls
Bowling Alleys
Campgrounds & Travel
Coin-operated Amusements
Dance Halls, Ballroom
Drive-In Movies
Fairgrounds
Go-Cart, 4-wheeler Tracks
Golf Driving Ranges
Ice Skating
Miniature Golf
Museums
Parks & Playgrounds
Recreation Centers
Riding Stables
Roller Skating Rink
Roller Skating & Skate Boarding Park
Skiing & Tobogganing
Stadiums, Arenas & Field Houses
Swimming Pools
Tennis Courts
Theatres (Auditoriums, Performing Theatres, Motion Picture)
P
P
P
P
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
CUP
P
CUP
P
CUP
P
P
P
Food
Bakeries
Candy, Nut Confectionary
Eating Places; Restaurants
Food Lockers
Food Stores
Fruits & Vegetables
Miscellaneous Retail Food
Seasonal Food Sales (Street & Road-side Stands)
P
P
P
CUP
P
P
P
P
Retail
Antiques
Apparel and Accessories
Automobile Accessories (except tire recapping & vulcanizing)
Automobile Sales (New & Used)
Books, stationary, art and hobby supplies
Commercial Printing
Department Stores (junior and major chains)
Discount Department
Drugs & Druggist supplies
Drug & Proprietary Store
Dry Goods and general merchandise
Electrical Supplies
Farm Equipment
Flat Glass, Glassware
Furniture, Home Furnishings & Equipment (No Combined Warehousing)
Garden Supplies (Inside Building Only)
Gasoline Service Stations
Hardware
Heating & Plumbing & A/C Equipment (No Outside Storage)
Ice Dealers (Automated Machines or Pick-Up Stations Only)
Instruments for Measuring
Jewelry
Laboratory & Research Instruments
Liquor Stores
Lumber Yards & Building Materials
Miscellaneous Retail Stores (florist, photo supplies, pet stores, etc.)
Motorcycles, Motor Scooters, Parts, Accessories & Supplies
Optical Instruments & Lenses
Paint, Glass & Wallpaper
Pottery & Related Products
Professional, Scientific Equipment & Supplies
Radio-controlled Airplanes
Retail Trade
Shopping Centers & Malls (Uses Listed Here)
Sporting Goods, Bicycles, And Toys
Swimming Pool Supplies
Thrift Store and Second-Hand Merchandise (Inside Only, No Collection Boxes)
Variety Stores
Wholesale
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CUP
SERVICES
Animal
Automobile
Construction
Government
Manufacturing
Medical
Office Only
Organizations
Personal
Rent
Repair
Utility
Warehousing
Animal Grooming
Animal Kennels
Veterinarian Services (Small Animal Indoor Only)
Animal Hospital (Small Animal Outpatient Clinic Only)
Automobile Glass Repair
Automobile (Manufacture & Installation of Accessories) No tire recapping/vulcanizing
Automobile Repair
Auto & Truck Rental (*See Conditions at end of list.)
Auto Washing, Polishing, Detailing
Building Contractor Offices, Retail,
& Storage Yards
Carpentering, Wood Flooring Installation
Concrete
Engineer, Architectural & Planning
Masonry, Stonework & Plastering
Painting, Wall Papering, Decorating
Roofing & Sheet Metal
Executive, legislative & judicial
Libraries
Police Protection & Related Activities Office
Postal Services
Gunsmiths
Package Antiques & Second-Hand Merchandise
Printing/Publishing (including newspapers)
Scientific Research & Testing
Small Generation (Minor assembly & other innocuous manufacturing)
Horticulture & Plant Nurseries
Ambulance
Dental Offices
Drug & Proprietary Stores
Medical Laboratories
Out-Patient
Physicians’ Offices & Services
Banks, Insurance & Real Estate Offices
Business (office & retail sales only)
Call Centers
Duplicating, stenographic and office services
Dwelling & Building Services Office
Mail & phone order houses
Professional Services office (not behavior, drug & alcohol treatment)
Business Associations & Professional Membership
Clubs & Service Organizations (civil, social and fraternal)
Labor Organizations
Miscellaneous Service Organizations
Protective functions & related activities
Welfare & Charitable Services
Accounting & Bookkeeping
Auction Houses
Beauty & Barber
Consulting
Consumer Credit or Collection
Educational Services
Employment services
Legal
Photographic Services
Spas
Equipment Rental & Leasing
Video Rental Shops
Wedding Chapels & Reception Centers
Electrical Appliance Repair & Service
Furniture Repair
Jewelry, Watch, Clock Repairs
Laundry
Dry Cleaning (pick-up only)
Dry Cleaning
Miscellaneous Small Item Repair
Pressing, alteration and garment repair (no on-site dry cleaning)
Saw, Knife & Tool Sharpening
Shoe Repair
Travel Agencies
Bottled Gas
Gas (Natural or Manufactured Storage & Distribution Points)
Household Good Warehousing & Storage
Refrigerated Warehousing
P
CUP
P
CUP
P
CUP
P
P
P
P
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CUP
P
CUP
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CUP
CUP
P
CUP
P
P
CUP
CUP
CUP
CUP
SERVICES
Animal
Automobile
Construction
Government
Manufacturing
Medical
Office Only
Organizations
Personal
Rent
Repair
Utility
Warehousing
Animal Grooming
Animal Kennels
Veterinarian Services (Small Animal Indoor Only)
Animal Hospital (Small Animal Outpatient Clinic Only)
Automobile Glass Repair
Automobile (Manufacture & Installation of Accessories) No tire recapping/vulcanizing
Automobile Repair
Auto & Truck Rental (*See Conditions at end of list.)
Auto Washing, Polishing, Detailing
Building Contractor Offices, Retail,
& Storage Yards
Carpentering, Wood Flooring Installation
Concrete
Engineer, Architectural & Planning
Masonry, Stonework & Plastering
Painting, Wall Papering, Decorating
Roofing & Sheet Metal
Executive, legislative & judicial
Libraries
Police Protection & Related Activities Office
Postal Services
Gunsmiths
Package Antiques & Second-Hand Merchandise
Printing/Publishing (including newspapers)
Scientific Research & Testing
Small Generation (Minor assembly & other innocuous manufacturing)
Horticulture & Plant Nurseries
Ambulance
Dental Offices
Drug & Proprietary Stores
Medical Laboratories
Out-Patient
Physicians’ Offices & Services
Banks, Insurance & Real Estate Offices
Business (office & retail sales only)
Call Centers
Duplicating, stenographic and office services
Dwelling & Building Services Office
Mail & phone order houses
Professional Services office (not behavior, drug & alcohol treatment)
Business Associations & Professional Membership
Clubs & Service Organizations (civil, social and fraternal)
Labor Organizations
Miscellaneous Service Organizations
Protective functions & related activities
Welfare & Charitable Services
Accounting & Bookkeeping
Auction Houses
Beauty & Barber
Consulting
Consumer Credit or Collection
Educational Services
Employment services
Legal
Photographic Services
Spas
Equipment Rental & Leasing
Video Rental Shops
Wedding Chapels & Reception Centers
Electrical Appliance Repair & Service
Furniture Repair
Jewelry, Watch, Clock Repairs
Laundry
Dry Cleaning (pick-up only)
Dry Cleaning
Miscellaneous Small Item Repair
Pressing, alteration and garment repair (no on-site dry cleaning)
Saw, Knife & Tool Sharpening
Shoe Repair
Travel Agencies
Bottled Gas
Gas (Natural or Manufactured Storage & Distribution Points)
Household Good Warehousing & Storage
Refrigerated Warehousing
P
CUP
P
CUP
P
CUP
P
P
P
P
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CUP
P
CUP
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CUP
CUP
P
CUP
P
P
CUP
CUP
CUP
CUP
Transportation
Automobile Parking Lots and Garages (no impound or long-term storage)
Bus Passenger Terminals
Bus Garaging & Equipment Maintenance
Motor Freight Garaging & Maintenance
Motor Freight Terminals
Railroads (Terminals & Yards)
P
P
CUP
CUP
CUP
CUP
Crematory
Funeral parlor (mortuary)
P
P
Utilities
Communications (TV, Radio, etc.) Stations & Towers
Debris Basin
Electric Generation Plants
Electric Substations
Gas, NEC
Gas Pressure Control Stations
Irrigation Distribution Channels
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)
Sewage Pumping Stations
Spreading Grounds (For Percolating Water into Underground)
Storm Drain
Water Pressure Control Stations & Pumping Plants
Water Storage
CUP
CUP
CUP
CUP
CUP
P
P
P
P
P
CUP
P
P
CUP
Utilities
Communications (TV, Radio, etc.) Stations & Towers
Debris Basin
Electric Generation Plants
Electric Substations
Gas, NEC
Gas Pressure Control Stations
Irrigation Distribution Channels
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)
Sewage Pumping Stations
Spreading Grounds (For Percolating Water into Underground)
Storm Drain
Water Pressure Control Stations & Pumping Plants
Water Storage
CUP
CUP
CUP
CUP
CUP
P
P
P
P
P
CUP
P
P
CUP
Automobile Rental conditions:
Limited to passenger cars only.
Storage of vehicles on-site cannot exceed the parking allocated for the leasable floor space for the business.
No on-site servicing of the vehicle fleet including mechanical and wash facilities.
a. Permitted Accessory Uses. (See 3.02.070.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted
principal use or structure.
Accessory
Accessory Building
P
7.02.030. Lot Area
The minimum area of any lot or parcel of land in the CBC zone shall be five (5) acres; however, smaller lots or parcels may be created as part of an approved plat and recorded Record
of Survey, as specified in City Code.
b. The maximum area of land in the CBC zone is twenty (20) acres.
c. Single ownership. Said land shall be in single ownership or single control for integrated development.
7.02.040. Lot Width
Each lot or parcel of land in the CBC zone shall have an average width of not less than five hundred (500’) feet; however, narrower lots or parcels may be created as part of an approved
plat and recorded Record of Survey.
7.02.050. Lot Frontage
Each lot or parcel of land in the CBC zone shall abut on a public street for a minimum distance of five hundred (500’) feet, on a line parallel to the centerline of said street; however,
lots or parcels with lesser frontage may be created as part of an approved and recorded Record of Survey.
a. Primary Access. A portion of said frontage may be along the circumference of a cul-de-sac improved to City standards; however, the primary access for a community shopping center
shall not be provided from a cul-de-sac street.
7.02.060 Prior Created Lots (See 3.03.070.c.)
7.02.070. Yard Requirements
The following minimum yard requirements shall apply in the CBC zone:
Front Yard. Each lot or parcel in the CBC zone shall have a front yard of no less than ten (10’) feet from the right-of-way.
1. Said front yard shall not be used for vehicular parking and shall be appropriately landscaped.
2. Exception: In areas developed prior to the establishment of this zone, the front yard may be equal to the average of existing front yards on all parcels of property along the block
face in which a building or structure is to be located.
b. Side Yard.
Except as provided in the Rexburg Building Code, each lot or parcel of land in the CBC zone shall have a side yard of at least ten (10’) feet when located adjacent to a residential zone.
Adjacent Commercial or Industrial. There shall be no requirement in those instances where the side property line abuts a commercial or industrial zone.
Accessory Building on Side Property Line. (See 3.02.060.)
a) The accessory building shall provide facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected.
c. Rear Yard. No requirement unless adjacent to a residential zone or use, in which case, the rear yard setback shall match the setback requirement of the adjacent residential zone.
d. Transitional Development Standards. (See 3.02.080.)
e. Storage Units.
Storage units are required to be built internally to a lot.
2. Buffer.
During the "Conditional Use Permit" proceedings, the applicant shall show how the storage units are being buffered from any street rights-of-way and neighboring properties. The most
desirous buffering would be commercial buildings.
b) Areas of landscaping greater in distance than the required yard setbacks should be included. These landscaped areas would need large nursery stock shrubs and trees to act as buffering.
c) The landscaping and use of landscaping must be approved by the Planning and Zoning Commission.
7.02.080. Projections into Yards (See 3.02.090, 7.00.030.)
Exception: Permitted projections shall not project into required driveways; required driveways shall remain unobstructed from the ground up.
7.02.090. Building Height
No lot or parcel of land in the CBC zone shall have a building or structure which exceeds a height of sixty-five (65') feet, measured at the top of building’s horizontal wall. (Chimneys,
flagpoles, or similar structures not used for human occupancy and are excluded in determining height.)
7.02.100. Distance Between Buildings (See 3.02.060.)
7.02.110. Permissible Lot Coverage
Building & Paving Coverage. In a CBC zone all buildings, structures, and non-permeable surfaces shall not cover an area of more than ninety (90%) percent of the lot or parcel of land
upon which they are placed.
Landscaping. A minimum of ten (10%) percent of the site shall be landscaped.
Unpaved Areas. In addition to required landscaping, all unpaved areas shall be landscaped.
Contiguous to Residential Zones. In a CBC zone in which a majority of the perimeter is contiguous to residential zones, all buildings, structures, and non-permeable surfaces shall not
cover an area of more than seventy (70%) percent of the lot or parcel of land upon which they are placed.
Landscaping. Landscaping shall be thirty (30%) percent of the lot.
c. Remodeling in Existing CBC Zones. If the remodeling of a building in the CBC zone causes the exterior of the building to be enlarged, the landscaping requirements of Section 7.2.140.b
shall apply, with the following limitations:
The requirements of Section 7.2.140.b shall not fully apply where those requirements would conflict with parking requirements, be incompatible with the design of existing buildings or
impair ingress or egress to existing buildings or parking areas.
7.02.120. Parking, Loading and Access (See 3.04.)
Parking spaces and drive aisles, except ingress/egress points, shall not be provided within a required front yard adjacent to a public street without a minimum ten (10’).
7.02.130. Project Plan Approval (See 3.02.130.)
7.02.140. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
b. Signs. (See 3.05.)
c. Uses Within Buildings. (See 7.00.150.)
d. Trash Storage. (See 3.02.120.)
e. Fences. (See 3.02.110.)
7.02.150 Commercial Design Standards (See 7.) & (See 3.6.) for Lighting
SECTION 7.3: REGIONAL BUSINESS CENTER (RBC)
*All Zoning Standards apply. (See 3.01-3.06) *All Commercial Zone Standards apply. (See 7.0)
7.03.010. Purpose and Objectives
7.03.020. Permitted & Conditional Uses
7.03.025. Single Ownership and Control
7.03.030. Lot Area
7.03.040. Lot Width
7.03.050. Lot Frontage
7.03.060. Prior Created Lots
7.03.070. Area of Zone
7.03.080. Yard Requirements
7.03.090. Projections into Yards
7.03.100. Building Height
7.03.110. Distance Between Buildings
7.03.120. Permissible Lot Coverage
7.03.130. Parking, Loading and Access
7.03.140. Project Plan Approval
7.03.150. Other Requirements
7.03.160. Commercial Design Standards
7.03.170. Commercial Lighting Standards
7.03.010. Purpose and Objectives
The RBC zone is established to provide a district in which the primary use of the land is for commercial and service uses to serve the needs of people living in an entire region and
to serve as a place of employment in pleasant surroundings close to the center of the regional population it is intended to serve. It is intended that this zone shall be characterized
by a variety of stores, shops, and service buildings grouped into an integrated development. Required yards and areas surrounding buildings shall be attractively landscaped and maintained
in harmony with the characteristics of the surrounding residential areas.
The uses characteristic of this zone will be large chain department stores with satellite shops and facilities serving an extremely wide range of goods and services with an equally large
selection of types and styles. The typical uses allowed in the zone will include virtually the whole range of retail and service establishments, which can be attractively accommodated
within a unified shopping center complex.
a. Integrated Regional Shopping Center. The RBC zone shall not be applied to an existing commercial area, which has not been designed and constructed as an integrated regional shopping
center.
b. Streets. The RBC zone should be located close to freeways and adjacent to major arterials to provide convenient access for major traffic volumes without hazard and without traversing
through a residential area.
7.03.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the RBC zone. The following uses and structures indicated as “CUP” may be permitted
in the RBC zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
REGIONAL BUSINESS CENTER (RBC)
Resource Production
Farming, Fibers, Grains, Fruits, Vegetables
-
Group Housing
Motels & Motor Hotels
Hotels
P
CUP
Care Facilities
Day Care Centers
P
Place of Worship
Churches, Synagogues and Temples
-
Schools, public or private
Barber & Beauty School
Dancing Schools & Studios
Nursery Schools
P
P
P
Indoor Recreation
Athletic clubs, body building studios, aerobic centers & gymnasiums
Spas
P
P
Entertainment
Billiards and Pool Halls
Bowling Alleys
Coin-operated Amusements
Dance Halls, Ballroom
Ice Skating
Miniature Golf
Roller Skating & Skate Boarding
Theatres (Auditoriums, Performing Theatres, Motion Picture)
P
P
CUP
CUP
P
CUP
P
CUP
Food
Bakeries
Candy, Nut, Confectionery
Eating Places; restaurants
Food stores
Miscellaneous retail food
P
P
P
P
P
Food
Bakeries
Candy, Nut, Confectionery
Eating Places; restaurants
Food stores
Miscellaneous retail food
P
P
P
P
P
Manufacturing
Gunsmiths
Small Generation
P
CUP
Retail
Antiques (no outside display)
Apparel and Accessories
Automobile Accessories (except tire recapping & vulcanizing)
Automobile Sales (New; Used (See Accessory Uses))
Books, stationary, art and hobby supplies
Department Stores (junior and major chains)
Discount Department
Drug & proprietary stores
Electrical Supplies
Furniture, Home Furnishings & Equipment (No Combined Warehousing)
Garden Supplies (Inside Building Only)
Gas, Bottled
Gas Storage, Distribution Points (Natural or Manufactured)
Gasoline Service Stations
Hardware
Ice Dealers (Automated Machines or Pick-Up Stations Only)
Jewelry
Liquor, package
Merchandise vending machine operators
Miscellaneous Retail Stores (florists, photo supplies, pet stores, etc.)
Motorcycles, Motor Scooters, Parts, Accessories & Supplies
Paint, Glass & Wallpaper
Retail Trade
Sporting Goods, Bicycles, And Toys
Surplus Stores (inside only)
Swimming Pool Supplies
Truck & Bus Sales (New; Used (See Accessory Uses))
Variety Stores
CUP
P
P
P
P
P
P
P
P
P
P
CUP
CUP
P
P
P
P
CUP
P
P
CUP
P
P
P
CUP
P
P
P
SERVICES
Building
Government
Repair
Auction Houses
Auto Rental
Auto Washing & Polishing
Banks, Insurance and Real Estate (office only)
Beauty & Barber Shops
Building Maintenance
Dwelling & Building office
Engineering, Architectural and Planning
Data Processing
Dental Office & Service
Duplicating, mailing, stenographic and office
Employment
Equipment Rental (Indoor Only)
Executive, legislative and judicial
Libraries
Police Protections & Related Activities (office only)
Postal
Laundry & Dry Cleaning
Legal
Locksmiths and key shops
Mail and phone order houses
Miscellaneous Business Services
Photography
Physicians’ offices
Professional
Protective functions & related activities
Repair, Apparel
Repair, Electrical Appliance
Repair, Jewelry, Watch, Clock
Repair, Furniture
Repair, Miscellaneous Small Item
Saw, knife and tool sharpening
Tourist Court
Travel Agencies
Video Rental
Wedding Chapel & Reception Centers
CUP
CUP
P
P
P
P
CUP
P
P
P
P
P
CUP
P
P
CUP
P
CUP
P
P
P
CUP
P
P
P
P
P
CUP
P
CUP
CUP
CUP
CUP
P
P
CUP
Transportation
-
Funeral parlor (mortuary)
CUP
Utilities
Communications (TV, Radio, etc.) Stations & Towers
Debris Basin
Electric Substations
Gas, NEC
Gas Pressure Control Stations
Irrigation Distribution Channels
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)
Sewage Pumping Stations
Spreading Grounds (For Percolating Water into Underground)
Storm Drain
Water Pressure Control Stations & Pumping Plants
Water Storage (covered)
CUP
CUP
CUP
CUP
P
P
P
P
CUP
P
P
CUP
Utilities
Communications (TV, Radio, etc.) Stations & Towers
Debris Basin
Electric Substations
Gas, NEC
Gas Pressure Control Stations
Irrigation Distribution Channels
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)
Sewage Pumping Stations
Spreading Grounds (For Percolating Water into Underground)
Storm Drain
Water Pressure Control Stations & Pumping Plants
Water Storage (covered)
CUP
CUP
CUP
CUP
P
P
P
P
CUP
P
P
CUP
a. Permitted Accessory Uses. (See 3.02.070.a.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted
principal use or structure.
Accessory
Accessory Building
P
Used Cars & Trucks
Accessory to New Car, Truck Sales
P
7.03.025. Single Ownership and Control
Land within a given RBC zone shall be in single ownership or single control in order to provide for integrated development unless requested and approved by the Rexburg City Council.
Single Ownership. The term, "single control", shall be construed to allow the recording of a Record of Survey which is in conformance with the "Final Development Plans," the "Final
Approval by Mayor," the "Standards and Requirements," and the "Guarantees and Covenants" sections of the Planned Unit Development Sections of Development Code.
Consequence. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment
of the RBC zone.
Record of Survey before Building Permits. The Record of Survey must be approved and recorded prior to the issuance of any building permits and must be in compliance with all applicable
sections of the Rexburg City Code and other Building Codes adopted by the City of Rexburg.
7.03.030. Lot Area
The minimum area of any lot or parcel of land in the RBC zone shall be twenty (20) acres; however, smaller lots or parcels may be created as part of an approved and recorded Record of
Survey, as specified in Rexburg City Code.
7.03.040. Lot Width
Each lot or parcel of land in the RBC zone shall have an average width of not less than seven hundred (700’) feet; however, narrower lots or parcels may be created as part of an approved
and recorded Record of Survey, as specified in Rexburg City Code.
7.03.050. Lot Frontage
Each lot or parcel of land in the RBC zone shall abut on a public street for a minimum distance of five-hundred (500’) feet on a line parallel to the centerline of said street; however,
lots or parcels with lesser frontage or no frontage on a public street may be created as part of an approved and recorded Record of Survey, which conforms to provisions specified in
Rexburg City Code.
a. Primary Access. A portion of the lot frontage may be along the circumference of a cul-de-sac improved to City standards; however, the primary access to a regional shopping center
shall not be provided from a cul-de-sac street.
7.03.060. Prior Created Lots (See 3.03.070.c.)
7.03.070. Yard Requirements
The following minimum yard requirements shall apply in the RBC zone:
Front Yard. Each lot or parcel in the RBC zone shall have a front yard of not less than twenty (20’) feet from the right-of-way. Said front yard shall not be used for vehicular parking
and shall be appropriately landscaped.
b. Side Yard.
1. Adjacent to Residential. Each lot or parcel of land in the RBC zone shall have a side yard of at least ten (10’) feet when located adjacent to a residential zone.
2. Commercial or Industrial. There shall be no requirements in those instances where the side property line abuts a commercial or industrial zone.
3. Accessory Building on Side Property Line. (See 3.02.060.)
c. Rear Yard.
1. Adjacent to Residential. Each lot or parcel of land in the RBC zone shall have a rear yard of at least ten (10’) feet when located adjacent to a residential zone.
2. Commercial or Industrial. There shall be no requirements in those instances where the rear property line abuts a commercial or industrial zone.
d. Transitional Development Standards. (See 3.02.080.)
7.03.080. Projections into Yards (See 3.02.090.)
Exception: Permitted projections shall not project into required driveways; required driveways shall remain unobstructed from the ground up.
7.03.100. Building Height
No lot or parcel of land in the RBC zone shall have a building or structure which exceeds a seventy-five (75’) feet in height, measured at the top of building’s horizontal wall. (Chimneys,
flagpoles, or similar structures not used for human occupancy are excluded in determining height.)
7.03.110. Distance Between Buildings (See 3.02.060.)
7.03.120. Permissible Lot Coverage
a. In an RBC zone, all buildings and structures shall not cover an area of more than thirty (30%) percent of the lot or parcel of land upon which they are placed.
b. Landscaping. A minimum of ten (10%) percent landscaping is required.
1. Unpaved Areas. In addition, all unpaved areas shall be landscaped.
7.03.130. Parking, Loading, and Access (See 3.04.)
Parking spaces and drive aisles, except ingress/egress points, shall not be provided within a required front yard adjacent to a public street without a minimum ten (10’).
Loading Spaces. Loading spaces shall be provided unless applicant provides information to staff identifying acceptable alternate means.
Change of Use. Loading spaces are also required when the use of a building changes unless applicant provides information to staff identifying acceptable alternate means.
7.03.140. Project Plan Approval (See 3.02.130.)
7.03.150. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
b. Uses Within Buildings. (See 7.00.070.c.)
c. Trash Storage. (See 3.02.120, 7.00.150.b.)
d. Walls and Fences. (See 3.02.110.)
e. Signs. (See 3.05 with the following exceptions.)
1. For the purpose of this subsection the phrase “no direct vehicular access to an arterial street” shall mean a development project that has one of the following:
No drive entrances directly from an arterial into the development
No frontage on an arterial road
Must be accessed from a secondary road.
3. Large scale developments of at least fifty (50) acres or more having no direct vehicular access to an arterial street shall be entitled to two (2) additional free-standing, development
entrance signs subject to the following standards:
Sign Copy. Sign copy shall be limited to the name, logo, and address of the development.
b) Sign Location. Sign location sign shall be limited to the immediate area where a secondary road connects to an arterial road whether on private or public property.
c) City-Owned Right-of-Way. A sign may be located in a landscaped or concrete median in city-owned right-of-way subject to:
Issuance of an encroachment permit
2) Resolution of all sight safety issues
d) Size. Sign size shall be limited to one hundred (100) square feet.
e) Height. Sign height shall be limited to twenty (20’) feet.
f) Sign Area. Sign area shall be calculated as a part of the overall free-standing sign allowances for signs over five (5’) feet.
7.03.160 Commercial Design Standards (See 7.)
7.03.170. Lighting Standards (See 3.6.)
INTENTIONALLY LEFT BLANK
CHAPTER 8: HIGHWAY BUSINESS DISTRICT ZONES
*All Zoning Standards apply. (See 3.01-3.06)
8.00.010. Permitted Accessory Uses (See 3.02.070.a.)
Caretaker dwellings are allowed on a case by case basis as approved by the City of Rexburg Planning and Zoning Commission. Detailed plans are required.
8.00.020. Lot Frontage
Each lot or parcel of land shall abut a public street for a minimum distance of thirty-five (35’) feet on a line parallel to the centerline of said street or along the circumference
of a cul-de-sac improved to City standards.
8.00.030. Prior Created Lots (See 3.03.070.c.)
8.00.040. Accessory Building
An accessory building may be located on a side or rear property line if:
2 hr. Fire Wall. The accessory building does not have openings on the side which is contiguous to the side or rear property line, and the wall of said building adjacent to the property
line has a two (2) hour fire retardant rating.
Adjacent to Residential. The accessory building, if adjacent to a residential use or zone, shall not exceed ten (10’) feet in height nor two hundred (200) square feet.
Larger accessory buildings shall meet the side and rear yard setbacks for principal buildings.
Proposal shall comply with the most recent edition of the Building Code.
8.00.050. Projections into Yards (See 3.02.090.)
Exception: Permitted projections shall not project into required driveways; required driveways shall remain unobstructed from the ground up.
8.00.060. Building Height
The height of every building or structure hereafter designed, erected, or structurally altered or enlarged, shall conform to the requirements of the most recent edition of the Rexburg
Building Code as adopted by Rexburg City, and shall not exceed fifty-five (55’) feet in height, measured at the top of building’s horizontal wall.
8.00.070. Distance Between Buildings
No requirement except as may be dictated by the latest edition of the Rexburg Building Code as adopted by Rexburg City.
8.00.080. Permissible Lot Coverage
No requirement, except as may be dictated by off-street parking requirements, landscaping, and by the Planning and Zoning Commission to reduce the undesirable effects of a particular
use upon adjacent properties.
8.00.090. Parking, Loading, and Access (See 3.4.)
8.00.100. Project Plan Approval (See 3.02.130.)
8.00.110. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
b. Trash Storage. (See 3.02.120.)
c. Walls and Fences. (See 3.02.110.)
e. Signs. (See 3.5.)
8.00.120. Lighting Standards (See 3.6.)
8.1 RESERVED
SECTION 8.2: LIGHT INDUSTRIAL (LI)
*All Zoning Standards apply. (See 3.01-3.06) *All Highway Business Zone Standards apply. (See 8.0)
8.02.010. Purpose and Objectives
8.02.020. Permitted & Conditional Uses
8.02.030. Lot Area
8.02.040. Lot Width
8.02.050. Lot Frontage
8.02.060. Prior Created Lots
8.02.080. Yard Requirements
8.02.090. Projections into Yards
8.02.100. Building Height
8.02.110. Distance Between Buildings
8.02.120. Permissible Lot Coverage
8.02.130. Parking, Loading, and Access
8.02.140. Project Plan Approval
8.02.150. Other Requirements
8.02.160. Commercial Lighting Standards
8.02.010. Purpose and Objectives
The LI District is established to provide areas in the City where Light Industrial firms can engage in processing, assembling, manufacturing, warehousing, storage and wholesale distribution;
and for incidental service facilities and public facilities to serve the manufacturing area. Areas in this zone require large level sites with open storage and service areas which
utilize regional transportation such as railways and state highways and the available utilities necessary for successful manufacturing or processes The zone is intended to encourage
sound development by providing and protecting an environment for such development, subject to regulations necessary to assure the orderly growth of the City of Rexburg, and the protection
of residential and commercial land uses from noise and other disturbances.
Land Reserves. The areas in which this zone will be applied may provide for land reserves for industrial and manufacturing use. Some land may therefore be placed in agricultural and
other open land uses until its industrial and manufacturing potential is realized.
b. Objectives. The basic objectives of the LI zone are:
To provide space for Light Industrial and processing uses within the City in appropriate locations
2. To broaden the tax base and improve the economic base of the community
3. To promote new industry to the end that the economic and social well-being of the City and its inhabitants shall be enhanced
4. To discourage the undesirable mixture of incompatible commercial, industrial, and residential uses
8.02.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LI zone. The following uses and structures indicated as “CUP” may be permitted
in the LI zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
LIGHT INDUSTRIAL (LI)
Resource Production
Agriculture
P
Group Housing
Caretaker Dwellings
CUP
Care Facilities
Day Care Centers
CUP
Place of Worship
Churches, Synagogues and Temples
-
Schools, public or private
Nursery Schools
CUP
Indoor Recreation
Athletic clubs, body building studios, aerobic centers & gymnasiums
Spas
P
P
Entertainment
Dance Halls, Ballroom
Roller Skating & Skate Boarding
P
P
Food
Bakery Products
Canning - fruits, vegetables, preserves, jams, specialty, etc.
Confectionery & Related Products
Dairy Products
Eating Places; restaurants
Frozen fruits, fruit juices, vegetables, etc.
Poultry and Small Game Dressing and Packing
Restaurants
P
CUP
P
CUP
CUP
P
CUP
CUP
Food
Bakery Products
Canning - fruits, vegetables, preserves, jams, specialty, etc.
Confectionery & Related Products
Dairy Products
Eating Places; restaurants
Frozen fruits, fruit juices, vegetables, etc.
Poultry and Small Game Dressing and Packing
Restaurants
P
CUP
P
CUP
CUP
P
CUP
CUP
Manufacturing
Bottling & Canning Soft Drinks and Carbonated Waters
Converted Paper & Paperboard Products (except containers & boxes)
Drugs
Fabricated Wire Products
Industrial Inorganic Chemicals (includes air separation)
Industrial Laundry
Metal Working Machinery & Equipment (tool & dye shops, machine shops)
Machinery
Miscellaneous Fabricated Rubber Products
Miscellaneous Machinery
Miscellaneous Manufacturing (no matches or morticians’ goods)
Plastic Materials, Synthetic Resins and Non-Vulcanizable Elastomers
Miscellaneous Plastic Products
Nonferrous foundries (small casting only)
Printing, Publishing and Allied Industries
Photographic and Optical Goods
Professional, Scientific & Controlling Instruments
Small Generation
Textile Mill Products (No tire cord and fabric.)
Watches & Clocks
P
P
CUP
CUP
CUP
CUP
P
P
CUP
P
P
CUP
CUP
CUP
P
P
P
CUP
P
P
Retail
Apparel and Accessories (except leather tanning & finishing)
Automobile Trade (Used Only)
Automobile Sales (New & Used)
Building Materials
Cut Stone & Stone Products
Campers and House Trailers (New & Used)
Draperies, Curtains, & Upholstery
Electrical Supplies
Farm & Construction Vehicles
Farm Equipment & Supplies
Furniture, Home Furnishings & Equipment (No Combined Warehousing)
Gas Storage, Distribution Points (Natural or Manufactured)
Gasoline Service Stations
Glass, Flat, Pressed or Blown
Hardware
Marine Craft & Accessories
Office Machines (Small)
Optical Goods
Paint, Glass & Wallpaper (Flat, Pressed or Blown Glass)
Perfumes, Cosmetics and Other Toiletries
Photographic Goods
Pottery & Related Products
Printing Ink
Rubber Footwear
Watches & Clocks
Wholesale Trade
P
P
P
P
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Services
Accounting, Auditing, Bookkeeping services & Management Investment Offices
Advertising
Aircraft & Accessories
Animal Veterinarian
Animal Hospital
Automobile Transportation
Building Maintenance
Business
Call Centers
Contract Construction Services (no storage yards)
Duplicating, mailing, stenographic and office
Dwelling & Building
Educational
Electric Utility Company Office
Gas Utility Company Office
Legal
Miscellaneous Business Services
Operations Centers (No Open Storage Yards)
Police Protections & Related Activities (office only)
Refuse Disposal Company Office
Repair Services
Electric Appliance
Furniture
Sewage Company Office
Warehousing or Storage Services
Water or Irrigation Company Office
CUP
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
CUP
CUP
P
CUP
P
CUP
P
P
P
P
P
Services
Accounting, Auditing, Bookkeeping services & Management Investment Offices
Advertising
Aircraft & Accessories
Animal Veterinarian
Animal Hospital
Automobile Transportation
Building Maintenance
Business
Call Centers
Contract Construction Services (no storage yards)
Duplicating, mailing, stenographic and office
Dwelling & Building
Educational
Electric Utility Company Office
Gas Utility Company Office
Legal
Miscellaneous Business Services
Operations Centers (No Open Storage Yards)
Police Protections & Related Activities (office only)
Refuse Disposal Company Office
Repair Services
Electric Appliance
Furniture
Sewage Company Office
Warehousing or Storage Services
Water or Irrigation Company Office
CUP
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
CUP
CUP
P
CUP
P
CUP
P
P
P
P
P
Transportation
Automobile Parking Lot & Garages
Heliport (pad only without maintenance facilities)
Miscellaneous transportation
Motor Vehicle transportation
Railroads, Rapid-Rail Transit and Street Railway (No Bus Passenger Terminals)
P
CUP
P
P
P
Funeral parlor (mortuary)
-
Utilities
Combination Utilities, NEC (Equipment & Storage Yards)
Communications (TV, Radio, etc.) Stations & Towers
Low Power Radio Towers & Antennas
Debris Basin
Electric Substations
Electric, NEC
Gas, NEC
Gas Pressure Control Stations
Irrigation Distribution Channels
Miscellaneous Utilities
Other Utilities, NEC
Refuse Disposal
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)
Sewage Disposal, NEC
Sewage Pumping Stations
Spreading Grounds (For Percolating Water into Underground)
Storm Drain (covered pipes or boxes)
Water Pressure Control Stations & Pumping Plants
Water Reclamation Plats, Sludge Drying Beds, etc.
Water Storage
Water Treatment Plants (Purification)
Water Utilities or Irrigation, NEC
CUP
P
CUP
CUP
CUP
P
CUP
P
P
P
CUP
CUP
P
CUP
P
CUP
P
P
CUP
CUP
CUP
CUP
a. Permitted Accessory Uses. (See 3.02.070.; 8.00.010.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of,
the permitted principal use or structure.
8.02.030. Lot Area
The minimum area of any lot or parcel of land in the LI zone shall be ½ acre.
8.02.040. Lot Width
Each lot or parcel of land in the LI zone shall have an average width of not less than fifty (50’) feet.
8.02.050. Lot Frontage (See 8.00.020.)
8.02.060. Prior Created Lots (See 3.03.070.c.)
8.02.080. Yard Requirements
The following minimum yard requirements shall apply in the LI zone:
Front Yard. Each lot or parcel in the LI zone shall have a landscaped front yard of not less than ten (10’) feet from the right-of-way.
b. Side and Rear Yard. Where adjoining a residential zone, school, or park, a side and/or rear yard of not less than twenty (20’) feet shall be required.
c. Accessory Building. (See 8.00.040.)
8.02.090. Projections into Yards (See 8.00.050., 3.02.090.)
8.02.100. Building Height (See 8.00.060.)
8.02.110. Distance Between Buildings (See 8.00.070.)
8.02.120. Permissible Lot Coverage (See 8.00.080.)
8.02.130. Parking, Loading, and Access. (See 3.4.)
8.02.140. Project Plan Approval (See 3.02.130.)
8.02.150. Other Requirements
An orderly development pattern following good planning principles shall be used.
Highway 20 Corridor. (See 3.02.100.e.)
b. Uses Within Buildings. All uses established in the LI zone shall be conducted entirely within fully-enclosed buildings, except those uses deemed by the Planning and Zoning Commission
to be customarily and appropriately allowed in the zone by a conditional use permit with appropriate screening.
c. Trash Storage. (See 3.02.120.)
d. Walls and Fences. (See 3.02.110.)
e. Signs. (See 3.5.)
8.02.160. Lighting Standards (See 3.6.)
SECTION 8.3: HEAVY INDUSTRIAL (HI)
*All Zoning Standards apply. (See 3.01-3.06) *All Highway Business Zone Standards apply. (See 8.0)
8.03.010. Purpose and Objectives
8.03.020. Permitted & Conditional Uses
8.03.030. Lot Area
8.03.040. Lot Width
8.03.050. Lot Frontage
8.03.060. Prior Created Lots
8.03.070. Yard Requirements
8.03.080. Projections into Yards
8.03.090. Building Height
8.03.100. Distance Between Buildings
8.03.110. Permissible Lot Coverage
8.03.120. Parking, Loading, and Access
8.03.130. Project Plan Approval
8.03.140. Other Requirements
8.03.150. Commercial Lighting Standards
8.03.010. Purpose and Objectives
The HI Zone is established to provide areas in the community where heavy industrial, manufacturing, and extractive uses may be located in an environment which protects them from the
encroachment of commercial and residential uses, and which reduces the effect of undesirable characteristics such as odor, dust, and noise upon surrounding residential or commercial
areas. The HI zone is established to recognize the need for industrial sites, which are generally major and extensive operations, require large level sites, and would normally have
open storage and service areas. The zone is also intended to provide for the development of incidental service facilities such as restaurants, service stations, and public facilities
intended primarily to serve the industrial area.
Location. The HI (Heavy Industrial) zone should be located in areas which are readily accessible to railroads and major highway routes.
Truck traffic generated by the HI zone shall not be required to ingress and egress from industrial areas through a residential area or commercial district.
2. Said zone shall also be located in areas which will insure the purity of air and waters within Rexburg City and will not create hazards to nearby residential, commercial, or Light
Industrial areas as the result of noise, dust, fumes, or other disturbances.
3. These uses will be located in areas which will reduce the effects of these characteristics upon other areas of the community, and in an environment which is attractive but which recognizes
the characteristics of the permitted uses.
b. Uses. The HI zone accommodates heavy industrial uses such as, open and enclosed manufacturing, processing, and assembly, which may potentially create hazards, nuisances, or disturbances.
This zone accommodates these heavy industrial uses with a conditional use permit (CUP) to assure that land use conflicts are minimized.
Peripheral Landscaping. Some peripheral landscaping will be provided, where appropriate, to reduce the effects of the detrimental characteristics of permitted uses, and to enhance the
appearance of the entire HI zone.
8.03.020. Permitted & Conditional Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the HI zone. The following uses and structures indicated as “CUP” may be permitted
in the HI zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
HEAVY INDUSTRIAL (HI)
Resource Production
Agriculture Processing
Animal Husbandry Services
Animal Specialties
Farm products (raw materials)
Hay, Grains & Feed
Livestock
Metals & Minerals (except petroleum products & scrap)
P
P
P
P
P
CUP
P
Group Housing
Caretaker Dwellings
CUP
Care Facilities
Day Care Centers
CUP
Place of Worship
Churches, Synagogues and Temples
-
Schools, public or private
Nursery Schools
CUP
Indoor Recreation
Athletic clubs, body building studios, aerobic centers & gymnasiums
Spas
P
P
Outdoor Recreation
-
Entertainment
Dance Halls, Ballroom
CUP
Food
Animal and Marine Fats & Oils
Eating Places; restaurants
Food & Kindred Products (Except meat packing, animal and marine fats & oils)
Meat Packing
CUP
CUP
P
CUP
Manufacturing
Ammunition (Fire Arms)
Blast Furnaces, Steel Works, etc.
Commercial Printing
Concrete, Gypsum and Plaster Products
Electric Generation Conventional Fuel
Nuclear Energy
Explosives
Fire Works
Fabricated Metal Products (except ordinate and accessories)
Film
Industrial Laundry
Iron & Steel Foundries
Junk Dealers & Salvage Operations
Leather Tanning & Finishing
Lumber & Wood Products
Matches
Metals & Minerals (except petroleum products & scrap)
Miscellaneous Manufacturing
Non-Clay Refractories
Nonferrous forgings
Nonferrous foundries
Paper and Allied Products (except pulp)
Pulp
Primary Smelting & Refining of Nonferrous Materials
Reclaimed Rubber
Recycle Center
Rolling, Drawing & Extruding of Nonferrous Metals
Scrap & Waste Materials
Secondary Smelting & Refining of Nonferrous Metals
Structural Clay Products
Tire Cord & Fabric
CUP
CUP
P
CUP
CUP
CUP
CUP
CUP
P
P
P
CUP
CUP
P
P
P
P
CUP
CUP
P
P
P
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
P
Retail
Auto Parts (Secondhand, Dismantling of Automobiles to Sell Parts)
Building Materials
Lumber Yards
Paving & Roofing
Chemicals & Allied Products (Explosives & Fireworks Only)
Farm Machinery & Equipment
Fire Arms – Ammunition Only
Fireworks Only
Garden Supplies
Gas Storage, Distribution Points (Natural or Manufactured)
Gasoline Service Stations
Heating & Plumbing Equipment
Janitorial Supplies
Miscellaneous Wholesale Trade
Morticians’ Goods
Ordinate Accessories
Truck & Trailer Rentals (no drivers)
CUP
P
P
CUP
P
P
CUP
CUP
CUP
CUP
CUP
P
P
CUP
P
CUP
CUP
Services
Auction Yard
Contract Construction Services (no storage yards)
Educational
Equipment Rental & Leasing
Gas & Electric Utility Company Office
Military Facilities
Operations Centers (No Open Storage Yards)
Petroleum Bulk Stations & Terminals
Police Protections & Related Activities (office only)
Repair Services
Sewage Company Office
Truck Repair
Warehousing or Storage Services
Water or Irrigation Company Office
P
P
P
CUP
P
P
P
P
CUP
P
P
CUP
P
P
Services
Auction Yard
Contract Construction Services (no storage yards)
Educational
Equipment Rental & Leasing
Gas & Electric Utility Company Office
Military Facilities
Operations Centers (No Open Storage Yards)
Petroleum Bulk Stations & Terminals
Police Protections & Related Activities (office only)
Repair Services
Sewage Company Office
Truck Repair
Warehousing or Storage Services
Water or Irrigation Company Office
P
P
P
CUP
P
P
P
P
CUP
P
P
CUP
P
P
Transportation
Automobile Parking Lot & Garages
Heliport (pads & maintenance facilities)
Miscellaneous transportation
Motor Vehicle transportation
Railroads, Rapid-Rail Transit and Street Railway (No Bus Passenger Terminals)
P
CUP
P
P
P
Funeral parlor (mortuary)
Utilities
Combination Utilities
Communications (TV, Radio, etc.) Stations & Towers
Low Power Radio Towers & Antennas
Gas Pressure Control Stations
Irrigation Distribution Channels
Miscellaneous Utilities (conventional fuel)
Other Utilities, NEC
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)
Sewage Pumping Stations
Storm Drain
Water Pressure Control Stations & Pumping Plants
P
P
CUP
P
P
P
P
P
P
P
P
a. Permitted Accessory Uses. (See 3.02.070.;8.00.010.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of,
the permitted principal use or structure.
8.03.030. Lot Area
There is no minimum area for any lot or parcel of land in the HI zone.
8.03.040. Lot Width
Each lot or parcel of land in the HI zone shall have an average width of not less than one hundred fifty (150’) feet.
8.03.050. Lot Frontage (See 8.00.020.)
8.03.060. Prior Created Lots (See 3.03.070.c.)
8.03.070. Yard Requirements (See 3.02.080.)
The following minimum yard requirements shall apply in the HI zone:
Front Yard. Each lot or parcel of land in the HI zone shall have a landscaped front yard of at least ten (10’) feet from the right-of-way.
b. Side Yard. No side yard requirement unless imposed by the Planning and Zoning Commission to protect adjacent properties against the undesirable characteristics of a particular use;
or as required by the latest provisions of the Rexburg Building Code.
Side & Rear Yard Accessory Building. (See 8.00.040.)
c. Rear Yard. Where the rear property line abuts on a residential or commercial zone, the rear yard shall be the same as that required by the adjacent zone, or as determined by the
Planning Commission to mitigate potential nuisances. Otherwise, no setback required.
8.03.080. Projections into Yards (See 8.00.050.)
8.03.090. Building Height (See 8.00.060.)
8.03.100. Distance Between Buildings (See 8.00.070.)
8.03.110. Permissible Lot Coverage (See 8.00.080.)
8.03.120. Parking, Loading, and Access (See 3.4)
8.03.130. Project Plan Approval (See 3.02.130.)
8.03.140. Other Requirements
An orderly development pattern following good planning principles shall be used.
Highway 20 Corridor. (See 3.02.100.e.)
b. Uses Within Buildings. No requirement, except as may be imposed by the Planning and Zoning Commission in conjunction with the issuance of a conditional use permit.
c. Trash Storage. (See 3.02.120.)
d. Walls and Fences. (See 3.02.110.)
e. Signs. (See 3.5.)
8.03.150. Lighting Standards (See 3.6.)
INTENTIONALLY LEFT BLANK
CHAPTER 9: OTHER ZONES
*All Zoning Standards apply. (See 3.01-3.06)
SECTION 9.1 Reserved
SECTION 9.2: OPEN SPACE (OS)
*All Zoning Standards apply. (See 3.01-3.06)
9.02.010. Purpose and Objectives
9.02.020. Permitted Uses
9.02.025. Conditional Uses
9.02.030. Project Requirements
9.02.040. Commercial Lighting Standards
9.02.010. Purpose and Objectives
The OS Zone is established to recognize areas of recreational and public uses and to protect floodplains, slopes, and natural drainage ways from development that may cause or contribute
to flooding, slope failures, excessive soil erosion, and sediment and water pollution of the Teton River. The floodplain is defined by the FIRM for Rexburg.
9.02.020. Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the OS zones. The following uses and structures indicated as “CUP” may be permitted
in the OS zones only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
OPEN SPACE
Resource Production
-
Residential
-
Group Housing
-
Care Facilities
-
Place of Worship
Churches, Synagogues and Temples
-
Schools, public or private
-
Outdoor Recreation
Fishing
Nature Exhibits
Parks and Playgrounds, Skate Parks
CUP
CUP
P
Entertainment
Cultural Activities
Recreational Activities
CUP
CUP
Services
Water Utilities or Irrigation Company Office
CUP
Special Buildings
Equipment Buildings under 1,000 square feet
Playground Equipment
Pump Houses under 1,000 square feet
Restrooms under 1,000 square feet
P
P
P
P
Special Land Types
Debris Basin
Drainage Basin
Floodways
Forest Reserves
CUP
P
P
CUP
Transportation
Automobile Parking Lots & Garages
Highways and Streets right-of-way
Railroads, Rapid Transit
CUP
CUP
CUP
Cemeteries
-
Utilities
Electricity Regulating Substations
Gas Pressure Control Stations
Irrigation Distribution Channels
Irrigation, NEC
Other Utilities
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)
Sewage Pumping Stations
Water Pressure Control Stations & Pumping Plants
Water Storage
Water Utilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Utilities
Electricity Regulating Substations
Gas Pressure Control Stations
Irrigation Distribution Channels
Irrigation, NEC
Other Utilities
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)
Sewage Pumping Stations
Water Pressure Control Stations & Pumping Plants
Water Storage
Water Utilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
9.02.030. Project Requirements
a. Any construction projects taking place in this zone that are not listed as “Permitted Uses” shall obtain a conditional use permit.
Details shall be presented to the Planning and Zoning Commission and Zoning Commission for approval.
9.02.040 Lighting Standards (See 3.6.)
SECTION 9.3: PUBLIC FACILITIES (PF)
*All Zoning Standards apply. (See 3.01-3.06)
9.03.010. Purpose and Objectives
9.03.020. Permitted Uses
9.03.025. Conditional Uses
9.03.030. Lot Area
9.03.040. Lot Width
9.03.050. Lot Frontage
9.03.060. Prior Created Lots
9.03.070. Yard Requirements
9.03.080. Projections into Yards
9.03.090. Transitional Development Standards
9.03.100. Building Height
9.03.110. Distance Between Buildings
9.03.120. Permissible Lot Coverage
9.03.130. Parking, Loading and Access
9.03.140. Project Plan Approval
9.03.150. Other Requirements
9.03.160. Commercial Lighting Standards
9.03.010. Purpose and Objectives
This zone is intended to reduce the affect which the location of these facilities may have upon zoning statistics in residential, commercial, or industrial areas.
Typical uses will be allowed in other zones to initially accommodate public facilities in appropriate areas without undue difficulty, however, it is intended that the PF zone would then
be applied to all such facilities for ease of recognition and accurate statistical indexing.
9.03.020. Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the PF zones. The following uses and structures indicated as “CUP” may be permitted
in the PF zones only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
PUBLIC FACILITIES
Accessory
Accessory Building
P
Resource Production
Mining and quarrying
CUP
Residential
-
Group Housing
Group Home (Disabled & Elderly)
CUP
Care Facilities
Behavior, drug and alcohol treatment
Hospitals
Operation centers
CUP
CUP
CUP
Place of Worship
Religious activities
CUP
Schools, public or private
Military academies
Nursery, primary, and secondary education
Schools
Special training
University, college, junior college, professional school education
CUP
P
P
P
P
Outdoor Recreation
Airports and flying fields
Parks
Fairgrounds
Fishing activities
Forest Reserves
Golf Course
Group or organized camps
Nature Exhibits
Recreational activities
Sports Fields
Swimming Pools
CUP
P
P
CUP
P
P
CUP
P
P
P
P
Entertainment
Cultural activities
Dance halls
Public assembly
Theatres
P
CUP
CUP
P
Food
-
Manufacturing
Active slag dumps and mineral waste disposals
Aircraft manufacturing and assembling (in or adjacent to an airport)
Central garbage grinding stations and composting plants
Electric generation plants (conventional fuel including hydroelectric, solar, etc.)
Small generation
CUP
CUP
CUP
CUP
CUP
Manufacturing
Active slag dumps and mineral waste disposals
Aircraft manufacturing and assembling (in or adjacent to an airport)
Central garbage grinding stations and composting plants
Electric generation plants (conventional fuel including hydroelectric, solar, etc.)
Small generation
CUP
CUP
CUP
CUP
CUP
Retail
Aircraft engines and engine parts (in or adjacent to an airport)
Aircraft parts other than engines (in or adjacent to an airport)
CUP
CUP
Services
Ambulance services
Combination utilities company storage yards and equipment storage Governmental services (except Management Investment Offices, Open-End)
CUP
CUP
P
Office Only
Electric utility company office
Gas utility company office
Housing Authority offices and administration
Police protection and related activities, branch
Refuse disposal company office
Sewage company office
Water utilities or irrigation company office
P
P
P
P
P
P
P
Funeral parlor, cemetery, and crematory services
CUP
Heliports and general aircraft
Highways and street rights-of-way
Parking lot – automobile parking lot and garages
Railroad, rapid transit (public or private)
CUP
P
CUP
CUP
Utilities
Combination utilities, NEC
Communications
Debris basin (A dam and basin for intercepting debris)
Electricity regulating substations
Right-of-way (combo, electric transmission, gas pipeline, sewage pipeline, water pipeline, storm drain*)
Gas pressure control stations
Irrigation distribution channels
Other gas utilities, NEC
Other sewage disposal, NEC
Other utilities
Other water utilities or irrigation, NEC
Sewage pumping stations
Spreading grounds (Area for percolating water into under-ground)
Water pressure control stations and pumping plants
Water reclamation plants, sludge drying beds, etc.
Water storage as part of a utility system
Water treatment plants (purification)
P
P
P
CUP
P
P
P
CUP
CUP
CUP
P
P
P
P
CUP
P
CUP
* Storm drain (Predominantly covered pipes or boxes)
a. Permitted Accessory Uses. (See 3.02.070.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted
principal use or structure.
Swimming pools and incidental bath houses subject to the standards of Rexburg City Code;
A detached single-family residence used only for the use of a caretaker, watchman, or similar employee of a permitted use, when located upon the same site as said permitted use;
Nothing herein shall be construed to permit the open storage of materials or equipment used in conjunction with permitted uses, or shall be concealed from view from public or private
streets.
9.03.030. Lot Area
No minimum lot size.
Any caretaker dwelling established in conjunction with a permitted use in the PF zone shall have a land area of at least five thousand (5,000) square feet devoted exclusively to the
use of the inhabitants of said residential unit.
9.03.040. Lot Width
No minimum lot width.
9.03.050. Lot Frontage
No minimum lot frontage.
9.03.060. Prior Created Lots (See 3.03.070.c.)
9.03.070. Yard Requirements
The following minimum yard requirements shall apply to the PF zone:
Front Yard. Each lot or parcel of land in the PF zone shall have a front yard of not less than ten (10’) feet from the right-of-way.
Adjacent to Residential. Lots or parcels lying adjacent to a residential zone along the same street frontage shall have a front yard equal to that required by the provisions of the
most restrictive residential zone which it abuts along said street frontage.
Side & Rear Yard.
Adjacent to Residential. When the parcel of property in the PF zone abuts the side or rear yard of a lot or parcel lying within a residential zone, the yard width shall be equal to
that required by the provisions of the residential zone established on the abutting property.
Otherwise, no setback requirement.
9.03.080. Projections into Yards (See 3.02.090.)
9.03.090. Transitional Development Standards. (See 3.02.080.)
9.03.100. Building Height
Permitted Building Height with Conditions. No lot or parcel of land in the PF Zone shall have a building or structure which exceeds a height of fifty-five (55’) feet, measured at the
top of building’s horizontal wall, unless one of the following conditions exists:
The horizontal setback of the building from the nearest residential zone boundary is equal to the building's height; or
2. A Conditional Use Permit has been granted by the Planning and Zoning Commission in accordance with the provisions of Rexburg City Code. Unique characteristics of a particular building
site (such as significant topographic differences between the building site and adjoining residential properties) may justify the Zoning Administrator to require the project to undergo
Conditional Use Review, even though the condition outlined in (1) above is satisfied. A Conditional Use Permit may allow heights greater than fifty-five (55’) feet.
3. Height restrictions within this district are determined by the Federal Aviation Administration regulating the approach zone of the airport under FAR part 77, Airspace and as listed
above.
9.03.110. Distance Between Buildings
Accessory Building. (See 3.02.060.) The accessory building shall be under ten (10’) feet in height and less than two hundred (200) square feet in area.
9.03.120. Permissible Lot Coverage
In a PF Zone, all buildings and structures shall not cover more than sixty (60%) percent of the lot or parcel of land upon which they are placed.
9.03.130. Parking, Loading, and Access (See 3.4.)
9.03.140. Plan Approval (See 3.02.130.)
9.03.150. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
Landscaping. A minimum of ten (10%) percent of the site shall be landscaped.
c. Trash Storage. (See 3.02.120.)
d. Mitigating Land Use Impacts. (See 1.03.020.c.) Any change of use that creates more intense impacts may be denied if the Planning and Zoning Commission finds that such impacts cannot
be mitigated by the imposition of conditions.
e. Signs. (See 3.5.)
Other Requirements. Public facilities, public schools and parks which are currently in existence by legal process, may modify for continued use, provided any changes are submitted to
the City for administrative review and approval.
9.03.160. Lighting Standards
Lighting Standards as described in Section 3.6.
SECTION 9.4: RESIDENTIAL BUSINESS DISTRICT (RBD)
*All Zoning Standards apply. (See 3.01-3.06)
9.04.010. Purpose and Objectives
9.04.020. Permitted Uses
9.04.025. Conditional Uses
9.04.027. Single Ownership and Control
9.04.030. Lot Area
9.04.040. Lot Width
9.04.045. Lot Depth
9.04.050. Lot Frontage
9.04.060. Prior Created Lots
9.04.070. Yard Requirement
9.04.080. Projections into Yards
9.04.090. Building Height
9.04.100. Permissible Lot Coverage
9.04.110. Permissible Building Footprint
9.04.120. Parking, Loading and Access
9.04.130. Project Plan Approval
9.04.140. Reversion of Zoning
9.04.150. Other Requirements
9.04.160. Lighting Standards
9.04.010. Purpose and Objectives
The RBD zone is established to provide for the use of single family residential homes for commercial and service uses. The zone is intended to protect the residential nature of the
streetscape and provide strict regulation of types and hours of conduct of commercial uses. It is intended that the RBD zone shall be characterized by a single structure that will
function as a part of the greater neighborhood. Commercial uses are limited to non-intrusive, low-demand business that can peacefully co-exist with a surrounding neighborhood.
Objectives.
A single structure that will function as a part of a greater neighborhood.
The architectural design and character will be compatible with that of the surrounding residential environment.
Attractive and well-maintained landscaping will also be characteristic of this zone.
Location. The RBD zones shall only be allowed if the area requested for designation as such is contiguous to either a commercial zone other than RBD, industrial zone, or a medium or
high density residential zone.
9.04.020. Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the RBD zones. The following uses and structures indicated as “CUP” may be permitted
in the RBD zones only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
RESIDENTIAL BUSINESS DISTRICT
Resource Production
Agriculture
-
Residential
-
Group Housing
-
Care Facilities
Day Care Centers
CUP
Place of Worship
Churches, Synagogues and Temples
-
Schools, public or private
Nursery Schools
CUP
Outdoor Recreation
-
Food
Bakeries & Doughnut Shops
Candy, Nut and Confectionery
Dairy Products
Fruits & Vegetables
CUP
CUP
CUP
CUP
Retail
Books, Stationery, Art & Hobby Supplies
Drug & Proprietary Stores
P
CUP
Services
Beauty & Barber Shops
Finance, Insurance & Real Estate
Laundry Pressing, Alteration & Garment Repair
Medical Offices
Photographic
Professional Service Providers
P
CUP
P
CUP
CUP
P
Special Buildings
Accessory Building
CUP
Cemeteries
-
Utilities
-
Permitted Accessory Uses. (See 3.02.070.) Accessory uses and structures may be permitted provided they are incidental to, and do not substantially alter the character of, the permitted
principal use or structure.
9.04.027. Single Ownership and Control
Land within a given RBD zone shall be in single ownership or single control in order to provide control over development.
b. Consequence. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment
of the RBD zone.
9.04.030. Lot Area
The minimum area of any lot or parcel of land in the RBD zone is eight thousand (8,000) sq. ft.
9.04.040. Lot Width
The minimum lot width in the RBD zone is sixty (60’) feet.
9.04.045. Lot Depth
The minimum lot depth in the RBD zone is sixty (60’) feet.
9.04.050. Lot Frontage
Each lot or parcel of land in the RBD zone shall abut a public street for a minimum distance of twenty (20’) 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.
9.04.060. Prior Created Lots (See 3.03.070.c.)
9.04.070. Yard Requirement
The following minimum yard requirements shall apply in the RBD Zone:
Front Yard.
Each lot or parcel in the RBD zone shall have a minimum front yard of at least twenty-five (25’) feet from the right-of-way.
2. Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way.
Rear Yard.
The minimum depth of a rear yard shall be twenty (20’) feet.
Accessory building.
a) An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30%) percent of the rear yard.
b) Accessory buildings in the rear yard with a garage and doors opening into the alley shall be located at least fifteen (15’) feet from the alley.
Side Yard. Each lot or parcel of land in the RBD zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1) foot of building height, whichever
is greater.
d. Accessory Building Setbacks. (See 3.02.070.)
9.04.080. Projections into Yards (See 3.02.090.)
9.04.090. Building Height
Permitted Heights. No lot or parcel of land in the RBD zone shall have a building or structure which exceeds a height of three (3) stories with a maximum of thirty-five (35’) feet,
measured at the top of building’s horizontal wall. (Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height.)
9.04.100. Permissible Lot Coverage
In an RBD zone, all buildings and structures shall not cover an area greater than seventy (70%) percent of the area of the lot or parcel of land.
b. No more than forty (40%) percent of the rear yard (unless a greater percentage is approved by the Rexburg Planning and Zoning Commission) shall be put into hard surface in order to
maintain a residential character to the property.
9.04.110. Permissible Building Footprint
In an RBD zone, all buildings and structures shall have a footprint of no more than two-thousand, five hundred (2,500) square feet.
9.04.120. Parking, Loading, and Access
Each lot or parcel in the RBD zone shall have, on the same lot or parcel, automobile parking sufficient to meet the requirements as set forth in section 3.4.
a. Location. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street, except where an existing conforming driveway access has been
provided.
1. Corner Lots. Corner lots shall be allowed to petition for parking in side yards, provided any such parking shall be buffered visually and for sound from public rights of way and
adjoining residential properties.
b. Parkers. Parking areas within the RBD zone are to be used by occupants of the property and customers of the property, and are not to be used by employees or customers of businesses
that may be located in nearby business or commercial areas.
9.04.130. Project Plan Approval (See 3.02.130.)
Site plan approval. Site plan approval at the Planning and Zoning Commission level is mandatory before consideration of a RBD Zone change request may be initiated.
9.04.140. Reversion of Zoning
If violations of the approval conditions for a rezone to the RBD Zone are documented and not corrected in a timely manner by property owner, property zoning will revert to the zone existing
before application for the RBD zone.
9.04.150. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
b. Uses within Buildings. All uses established in the RBD zone shall be conducted entirely within a fully-enclosed building.
c. Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping unless
specific permission has been obtained from the Planning & Zoning Commission.
d. Trash Storage. (See 3.02.120.)
e. Walls and Fences. (See 3.02.110.)
f. Hours of Operation. In the RBD zone, no permitted or conditionally permitted use shall be open for business on any Sunday, or after 9:00 P.M. or before 7:00 A.M. on any other day,
nor shall any permitted or conditionally permitted use accept deliveries other than between the hours of 9:00 a.m. and 3:00 p.m., with no deliveries allowed at all on Sundays.
g. Signs. (See 3.5.) Signs shall be in general compliance with the typical signing program under the provisions applicable to home businesses.
9.04.160. Lighting Standards
a. Lighting will be of a relatively low intensity and low profile with adequate shielding to protect the surrounding residential areas.
b. Lighting Standards are applicable as described in 3.6.
SECTION 9.5: TECHNOLOGY AND OFFICE ZONE (TOZ)
*All Zoning Standards apply. (See 3.01-3.06)
9.05.010. Purpose and Objectives
9.05.020. Permitted Uses
9.05.025. Conditional Uses
9.05.030. Lot Area
9.05.040. Lot Width
9.05.050. Lot Frontage
9.05.060. Prior Created Lots
9.05.070. Yard Requirements
9.05.080. Projections into Yards
9.05.090. Building Height
9.05.100. Distance Between Buildings
9.05.110. Permissible Lot Coverage
9.05.120. Parking, Loading and Access
9.05.130. Conditional Use Permit for Parking Reduction
9.05.140. Project Plan Approval
9.05.150. Other Requirements
9.05.160. Architectural Design Standards
9.05.170. Commercial Lighting Standards
9.05.010. Purpose and Objectives
The TOZ zone is created to take advantage of technology developed and expertise available at the University and the transfer of technology to the private sector. It is intended that
a high-quality environment be established in this zoning district compatible with the BYU-I Campus and the City Central Business District.
Permitted uses include but are not limited to those directly involved in research and development, manufacture of prototype goods or goods from prototype machinery or processes; limited
Light Industrial beyond prototype compatible with a research and development environment; and a limited range of office uses that could provide services to the research and development
functions or could be converted to research and development uses as the market for such space warrants.
9.05.020. Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the TOZ zones. The following uses and structures indicated as “CUP” may be permitted
in the TOZ zones only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
TECHNOLOGY AND OFFICE
Resource Production
Agriculture
-
Residential
-
Group Housing
Group Home (Disabled & Elderly; under 8 residents)
-
Care Facilities
Day Care Centers
Professional Services (except hospitals, behavior, drug and alcohol treatment, sanitariums, convalescent and rest home services.)
CUP
P
Place of Worship
Churches, Synagogues and Temples
-
Schools, public or private
Nursery Schools
CUP
Food
Restaurants***
CUP
Manufacturing
Minor assembly and other innocuous manufacturing with approval by the Zoning Administrator
P
Services
Advertising (office only)
Beauty and barber shop (only in historic buildings on arterial streets)
Call Centers
Computer consultants
Computer hardware renting or leasing, except finance leasing or from the manufacturer
Computer interface equipment for industrial process control-mfg.
Computer output to microfilm units, computer peripheral equipment-mfg.
Computer paper-wholesale
Computer peripheral equipment repair & maintenance
Computer peripheral equipment, rental & leasing
Computer photography or portraits
Computer programming services and program software-custom
Computer repair training
Computer software publishers, pre-packaged
Computer software tape and disks, blank: rigid and floppy - mfg.
Computer software, mail-order-retail
Computer storage units mfg.
Computer Stores-retail
Computer terminals mfg.
Computer terminals-wholesale
Computer-aided engineering/design systems services also CAD, CAM.
Computerized axial-tomography (CT/Cat scanner apparatus - mfg.
Computers: digital, analog & hybrid
Consumer credit services
Duplicating, stenographic, and office services
Employment services
Executive, legislative, and judicial offices
Financial, Insurance and Real Estate Services
Miscellaneous retail trade
Photography studio (only in historic buildings on arterial streets)
Prescription pharmacy* (intended for the convenience of permitted establishments and/or clients)
Software programming, systems analysis-custom
Software, computer- wholesale
Travel Agencies
Veterinarian services**
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
P
Services
Advertising (office only)
Beauty and barber shop (only in historic buildings on arterial streets)
Call Centers
Computer consultants
Computer hardware renting or leasing, except finance leasing or from the manufacturer
Computer interface equipment for industrial process control-mfg.
Computer output to microfilm units, computer peripheral equipment-mfg.
Computer paper-wholesale
Computer peripheral equipment repair & maintenance
Computer peripheral equipment, rental & leasing
Computer photography or portraits
Computer programming services and program software-custom
Computer repair training
Computer software publishers, pre-packaged
Computer software tape and disks, blank: rigid and floppy - mfg.
Computer software, mail-order-retail
Computer storage units mfg.
Computer Stores-retail
Computer terminals mfg.
Computer terminals-wholesale
Computer-aided engineering/design systems services also CAD, CAM.
Computerized axial-tomography (CT/Cat scanner apparatus - mfg.
Computers: digital, analog & hybrid
Consumer credit services
Duplicating, stenographic, and office services
Employment services
Executive, legislative, and judicial offices
Financial, Insurance and Real Estate Services
Miscellaneous retail trade
Photography studio (only in historic buildings on arterial streets)
Prescription pharmacy* (intended for the convenience of permitted establishments and/or clients)
Software programming, systems analysis-custom
Software, computer- wholesale
Travel Agencies
Veterinarian services**
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
CUP
P
P
P
P
P
P
P
Office Only
Dwelling, janitorial, and other building services
Miscellaneous business services
Miscellaneous service organizations
News syndicate services
Police protection and related activities, branch
P
P
P
P
P
Cemeteries
-
Utilities
Communications (Subject to the Section Rexburg City Code)
P
*Prescription Pharmacy
(a) No business occupies more than fifteen (15%) percent of the total floor area of the building in which it is located.
(b) Has no separate entrance
**Veterinarian Services
Experimental or scientific research activities are prohibited.
No on-site disposal of dead animals.
The facility shall be located completely within an air-conditioned and soundproofed building.
Animal noise shall not be audible at the nearest property line.
Overnight boarding shall be limited to animals receiving treatment on the premises.
Services shall be limited to small animals only.
No services shall be permitted for poisonous or dangerous animals.
***Restaurants
The restaurant be architecturally compatible with surrounding buildings.
No short order/ fast food or drive-in restaurants.
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.
Permitted Accessory Uses. (See 3.02.070.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted
principal use or structure.
Accessory
Accessory Building
P
9.05.030. Lot Area
Min. Lot Area. The minimum area of any lot or parcel of land in the TOZ zone shall be one half (½) acre; provided, however, that smaller lots or parcels may be created as part of an
approved and recorded subdivision plat, as specified in City Code.
Min. Subdivision Area. The minimum area of land for a subdivision with such Record of Survey shall be at least one (1) acre.
9.05.040 Lot Width
Each lot or parcel of land in the TOZ zone shall have an average width of not less than one hundred (100’) feet; however, narrower lots or parcels may be created as part of an approved
and recorded subdivision plat.
9.05.050. Prior Created Lots (See 3.03.070.c.)
9.05.070. Yard Requirements
The following minimum yard requirements shall apply in the TOZ zone:
Front Yard. Each lot or parcel in the TOZ zone shall have a front yard of not less than ten (10’) feet from the right-of-way.
Front yards shall not be used for vehicular parking or maneuvering and shall be appropriately landscaped.
b. Side Yard.
Adjacent to Residential. Each lot or parcel of land in the TOZ zone shall have a side yard of at least ten (10’) feet when located adjacent to a residential zone.
2. Adjacent to Commercial or Industrial Zone. There shall be no requirements in those instances where the side property line abuts a commercial or industrial zone.
3. Accessory Buildings. (See 3.02.060.)
c. Rear Yard. No requirement.
9.05.080. Projections into Yards (See 3.02.090.)
9.05.090. Building Height
Permitted Height. No lot or parcel of land in the TOZ zone shall have a building or structure which exceeds fifty-five (55’) feet in height, measured at the top of building’s horizontal
wall. (Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height.)
9.05.110. Permissible Lot Coverage
a. Building Coverage. In a TOZ zone, all buildings and structures shall not cover an area of more than ninety (90%) percent of the lot or parcel of land upon which they are placed.
b. Parking Structures.
1. Parking structures shall be exempt from lot coverage requirements.
2. Parking structures shall be screened and buffered from adjacent properties and public view as required Design Review.
9.05.120. Parking, Loading, and Access (See 3.4.)
9.05.130. Project Plan Approval (See 3.02.130.)
9.05.140. Other Requirements
Highway 20 Corridor. (See 3.02.100.e.)
Signs. (See 3.5.) Signs proposed to be erected in the TOZ zone shall be placed in the same classification with signs permitted in shopping center zones.
Landscaping. A minimum of ten (10%) percent of the site shall be landscaped.
c. Trash Storage. (See 3.02.120.)
d. Walls and Fences. (See 3.02.110.)
1. A minimum vinyl fence at least six (6’) feet in height shall be erected along all property lines which lie immediately adjacent to any residential zone.
Alternative screening may be used which may include a landscape hedge of six (6’) feet at a two (2) year maturity, wood fence, or a combination of landscaping with chain-link, with
or without slats.
In the case where there is mutual agreement by adjoining property owners and approved by the Planning and Zoning Commission or its designee, this requirement may be waived.
9.05.150 Commercial Design Standards
Architectural design requirements are found in Section 7: Commercial Design Standards.
9.05.160. Lighting Standards
Lighting Standards are applicable as described in Section 3.6.
SECTION 9.6: UNIVERSITY DISTRICT (UD)
*All Zoning Standards apply. (See 3.01-3.06)
9.06.010. Purpose and Objectives
9.06.020. Permitted Uses
9.06.025. Conditional Uses
9.06.030. Lot Area
9.06.040. Lot Width
9.06.050. Lot Frontage
9.06.060. Prior Created Lots
9.06.070. Density
9.06.080. Yard Requirements
9.06.090. Projections into Yards
9.06.100. Building Height
9.06.110. Distance Between Buildings
9.06.120. Permissible Lot Coverage
9.06.130. Parking, Loading and Access
9.06.140. Project Plan Approval
9.06.150. Reserved
9.06.160. Other Requirements
9.06.170. Change in Use of University Facilities
9.06.180 Commercial Lighting Standards
9.06.010. Purpose and Objectives
The University District is established to provide areas for the location and establishment of educational facilities which operate as institutions of higher learning and which utilize
relatively large areas of land, while protecting adjacent land uses from nuisance and otherwise incompatible land use. The University campus is unique in its nature as to those who
visit, work, and attend the University. The UD zone is intended for only land that is owned by Brigham Young University- Idaho.
a. Change of owner. If any land is sold, gifted, or transferred to another financially unrelated party,
1. Rezone. A new zoning category must immediately be sought.
2. Moratorium. Immediately, there will be a moratorium based on approval of new land uses and building permits on the property until a new zoning district can be established.
b. Streets. The campus as a whole is served by all public streets adjacent to and running through the campus as well as private roads and streets owned and maintained by the University.
c. Parking. Parking on the campus should be located in a manner which will serve the needs of invitees to the campus. All buildings, playing fields and other structures on the Campus
should be deemed served by all parking lots on campus, wherever situated.
9.06.020. Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted in the UD zones. The following uses and structures indicated as “CUP” may be permitted
in the UD zones only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
UNIVERSITY DISTRICT
Resource Production
Farming, fibers, grains, fruits, vegetable
P
Residential
Manufactured Home > 24’ in width
Dwelling units > 48 units/building
CUP
CUP
Group Housing
Dormitory, Fraternity, Sorority
CUP
Care Facilities
Day Care Centers
P
Place of Worship
Churches, Synagogues and Temples
P
Schools, public or private
Art & Music Schools
Barber & Beauty Schools
Business Schools
Correspondence Schools
Dancing Schools
Driving Schools
Nursery Schools
Schools
Vocational Schools
P
P
P
P
P
P
P
P
P
Schools, public or private
Art & Music Schools
Barber & Beauty Schools
Business Schools
Correspondence Schools
Dancing Schools
Driving Schools
Nursery Schools
Schools
Vocational Schools
P
P
P
P
P
P
P
P
P
Indoor Recreation
Athletic Clubs & Gymnasiums
P
Outdoor Recreation
Athletic Fields
Parks and Playgrounds, Skate Parks
Skiing & Tobogganing
Tennis Courts
P
P
P
P
Entertainment
Amusements
Art Galleries
Bowling Alley
Cultural Activities
Ice Skating
Miniature Golf
Museums
Public Assembly
Recreational Activities
Roller Skating
Swimming Pools
Theatres & Auditoriums, Motion Picture, Performing
P
P
P
P
P
P
P
P
P
P
P
P
Food
Food Lockers
P
Manufacturing
Electric Generation Plants
Printing, Publishing (Including Newspapers)
P
P
Retail
General Merchandise (Department, Variety, etc.)
Laboratory & Research Instruments
Musical Instruments
Photographic Supplies & Equipment
P
P
P
P
Services
Building
Educational
Government
Medical
Warehousing
Accounting & Bookkeeping
Animal Veterinarian (Small Animal & Livestock)
Building Contractor Offices & Storage Yards
Carpentering, Wood Floor Installation
Concrete
Contract Construction
Engineering & Architectural
Masonry, Stonework & Plastering
Painting, Wall Papering, Decorating
Roofing & Sheet Metal
Clubs & Service Organizations (civic, social, fraternal)
Consulting
Educational
Educational & Scientific Research
Electrical
Employment
Government
Police Protection
Postal Service
Horticulture
Libraries
Medical Laboratory
Medical Out-Patient
Physicians’ Offices
Miscellaneous
Photocopying, Blueprinting and Stenographic
Photographic Studios
Plant Nurseries
Plumbing, Heating & Air-Conditioning
Professional
Refrigerated Warehousing
Warehousing & Storage (Including Farm Products & Household Goods)
Welfare & Charitable
P
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Special Buildings
Buildings with Occupancy of > 2500
Dwelling Units > 48 units/building
College Buildings
Recreation Centers
Stadiums, Arenas, Field Houses
CUP
CUP
P
P
CUP
Special Land Types
-
Transportation
Automobile Parking Lots & Garages
Bus Garaging & Equipment Maintenance
Bus Passenger Terminals
Motor Freight Garaging & Maintenance
Motor Freight Terminals
P
P
P
P
P
Utilities
Communications (Including Radio & Television Stations & Broadcasting Towers)
Other Utility Facilities
Storage Yards (Utility)
Substations
P
P
P
P
a. Permitted Accessory Uses. (See 3.02.070.) Accessory uses and structures are permitted in the UD zone provided they are incidental to, and do not substantially alter the character
of the permitted use or structure, and are located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to
the following:
1. A public dance held in conjunction with an existing permitted use.
2. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code.
3. A detached single-family residence used only for the use of a caretaker, watchman, or similar employee of a permitted use, when located upon the same site as said permitted use.
4. Dormitories, fraternity and sorority buildings, other college housing owned by the college or university recreational and service facilities, and office buildings customarily associated
with an educational facility or other institutional use, when said facilities are accessory and incidental to the primary use of the land.
6. Nothing herein shall be construed to permit the open storage of materials or equipment used in conjunction with permitted uses, or shall be concealed from view from public or private
streets.
9.06.030. Lot Area
The University campus should be considered as one parcel.
a. There is no minimum lot area in the University Zone.
b. Parcels sold or otherwise vacated by the University must meet the minimum lot requirements of the intended zone.
c. Caretaker Dwelling. Any caretaker dwelling established in conjunction with a permitted use in the UD zone shall have a land area of at least five thousand (5,000) square feet devoted
exclusively to the use of the inhabitants of said residential unit.
9.06.040. Lot Width
There is no minimum lot width in the University Zone.
9.06.050. Lot Frontage
For the purposes of this ordinance, the university zone shall be considered one contiguous parcel. There is no minimum lot frontage requirement on this large parcel.
9.06.060. Prior Created Lots (See 3.03.070.c.)
9.06.070. Density
a. Up to forty-eight (48) dwelling units per building or development
b. Greater than forty-eight (48) dwelling units per building or development may be allowed with a Conditional Use Permit.
9.06.080. Yard Requirements
The following minimum yard requirements shall apply to the UD zone:
Front Yard. Front yard setback requirements where the University Zone abuts a residential zone or non-University owned parcel shall be at a 1:1 ratio, or 1 (1’) foot for every (1’)
foot of building height from the right of way.
b. Side Yard. Side yard setback requirements where the University Zone abuts a residential zone or non-University owned parcel shall be at a 1:1 ratio, or 1 (1’) foot for every (1’)
foot of building height. (This requirement is twice that of a typical residential side yard.)
c. Rear Yard. Minimum of twenty (20’) feet.
9.06.090. Projections into Yards (See 3.02.090.)
9.06.100. Building Height
Building height is unrestricted in the University Zone as long as the 1:1 setback ratio is met on buildings constructed adjacent to non-university owned parcels.
9.06.110. Distance Between Buildings
Side Yard Accessory Building. Accessory building on a side property line. (See 3.02.060.)
9.06.120. Permissible Lot Coverage
In a UD zone, all buildings and structures, inclusive of parking lots, shall not cover more than sixty (60%) percent of the lot or parcel of land upon which they are placed.
9.06.130. Parking, Loading, and Access
a. Off-street parking shall not be required to be located within two hundred (200') feet of the primary entrance of the building.
b. In the University District, the section 3.04.020 shall not apply, however, the University shall provide information which demonstrates that the parking facility proposed to be considered
for joint use, will lessen the demand for other parking facilities located in the University District.
c. Regulations for University District. The University shall not be required to provide the minimum parking spaces required in section 3.4, but shall be regulated in accordance with
the University Parking Ratios as set forth below. In determining the ratio for this subsection, all parking spaces located upon the University Campus together with all on-street parking
where the University Campus occupies both sides of the street shall be included. The term Full Time Equivalent shall be consistent with the definition established in the BYU-Idaho
Parking Study published in 2002.
1. University Student Ratio: .200 spaces per Student Equivalent.
2. University Faculty Ratio: .585 spaces per Faculty Equivalent.
3. University Staff Ratio: .585 spaces per Staff Equivalent.
d. Paving. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from the public street.
Curbing. 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.
e. Reduced front yard setback CUP. 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 twenty
(20%) percent landscaping requirement may be reduced down to as little as ten (10%) percent upon approval of the Zoning Administrator.
f. Location of Parking Spaces. Parking spaces shall not be provided within a required front yard or a side yard adjacent to a public street.
9.06.140. Project Plan Approval (See 3.02.130.)
9.06.150. Reserved
9.06.160. Other Requirements
Landscaping.
1. A minimum of twenty (20%) percent of the site shall be landscaped.
2. All residential development shall provide a minimum of ten (10%) percent landscaping.
b. Trash Storage. (See 3.02.120.)
c. Signs. (See 3.5.)
9.06.170. Change in Use of University Facilities
Conditional Use Permit.
1. Change of Use. Before any existing University facility use may be changed to another use, but under the same ownership, a Building Permit must be taken out with the City of Rexburg.
2. The use must be compatible with the City of Rexburg Development Code and the current Rexburg Building Codes.
b. Mitigating Land Use Impacts. (See 1.03.020.c.) Any change of use that creates more intense impacts may be denied if the Planning and Zoning Commission finds that such impacts cannot
be mitigated by the imposition of conditions.
9.06.180. Lighting Standards (See 3.6.)
SECTION 9.7: PROJECT REDEVELOPMENT OPTION (PRO)
*All Zoning Standards apply. (See 3.01-3.06)
9.07.010. Purpose and Objectives
9.07.020. Neighborhood Meeting
9.07.030. Preliminary Schematic Development Plan
9.07.040. Preliminary Schematic Development Plan Review
9.07.050. PRO Zone Application Requirements
9.07.060. PRO Zone Application Review
9.07.070. Final Project Plan
9.07.080. Zone Designation
9.07.090. Additional Applications
9.07.100 Project Plan Variations and Amendments
9.07.110. Reversion of Zoning
9.07.120. PRO Zones Adopted
9.07.130. PRO Zone Reserved
9.07.140. Uses Must Be in Conformity
9.07.150. Building in Conformity
9.07.160. Architectural Design Standards
9.07.170. Commercial Lighting Standards
9.07.010. Purpose and Objectives
This chapter creates a regulatory framework to govern the enactment of regulations to further the intent of the Vision 2020 Comprehensive Plan, particularly, but not exclusively, in
older, densely developed areas of the City. The purpose of the Project Redevelopment Option (“PRO”) zone is to create a regulatory tool that permits initiative and flexibility in creating
well-planned, architecturally-designed development that meets the needs of the community. The provisions of this chapter shall apply to every PRO zone created under the authority of
this chapter.
Objectives.
Encourage creative and efficient utilization of land.
Encourage assemblage of property to create harmonious and efficient development patterns and projects.
Provide land use and design standards tailored to specific geographic areas so that new development outcomes are more predictable and compatible with surrounding land uses.
Coordinate property development and design, including large-scale facilities, with development, both existing and as envisioned by the City of Rexburg Comprehensive Plan, on adjoining
and nearby property.
Minimize the effect of additional traffic.
Improve parking and air quality.
Encourage new development that fosters a sense of community.
Better manage the location, timing, and sequencing of new development.
Provide an opportunity to involve the public.
9.07.020 Neighborhood Meeting. A neighborhood meeting shall be held at least two (2) weeks prior to presenting a schematic development plan at a meeting of the Planning and Zoning Commission.
9.07.030. Preliminary Schematic Development Plan
Schematic Plan Submittal. Prior to submitting a PRO application, an applicant may submit a proposed schematic development plan for the subject property.
A schematic development plan shall be considered by the Planning and Zoning Commission and City Council as provided in this section.
What to Include in a Schematic Development Plan: A schematic development plan application shall include the following:
1. Fee. A review fee of five hundred ($500) dollars.
a) Fifty percent (50%) of the schematic development plan application fee may be applied to the application fee for a PRO zone if the City Council recommends that an applicant submit
the application.
2. A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for the proposed development.
3. A schematic development plan which shows how a property could be developed under proposed PRO zone regulations.
a) Scale. A schematic development plan shall be drawn to scale.
b) Example of Applying Standards. The plan must show a realistic layout reflecting how the property reasonably could be developed considering the development standards of a proposed
PRO zone.
c) Present and Future Conditions. The plan should show existing and envisioned conditions on the subject property and adjoining property.
d) A schematic development plan should show at least the following; whatever is shown shall be construed as the intent of the plan:
Location of proposed uses, including dwelling unit density and occupancy.
2) Height, location, bulk and preliminary elevations of buildings.
3) Location, arrangement, and configuration of open space, landscaping, and building setbacks.
4) Location, access points, and design of off-street parking areas.
5) Number, size, and location of signs.
6) Street layout, and traffic and pedestrian circulation patterns, including proposed access to the property.
7) Relationship of the property to adjoining and nearby properties and uses.
4. Not a Permit. A schematic development plan is not intended to permit actual development of property pursuant to such a plan but shall be prepared merely to represent how the property
could be developed.
5. No Vested Development Rights. Submittal and review of an application for a schematic development plan shall not create any vested rights to development.
9.07.040. Review of Preliminary Schematic Development Plan
Process Leading to the Public Hearing. Pursuant to the notice and hearing requirements of the State and Rexburg City Code, the schematic development plan shall be first submitted to
the Planning and Zoning Commission for a recommendation and thereafter to the City Council for consideration. After a public hearing, the Council may vote to recommend that an applicant:
Submit an application for a PRO zone that would allow development:
a) As shown on the schematic development plan; or
b) As amended to address issues identified by the City Council to accomplish the goals and objectives of the Vision 2020 Comprehensive Plan; or
c) Not submit a PRO zone application.
9.07.050. PRO Zone Application Requirements
Requirements. The following materials shall be included with every application for establishment of a PRO zone:
1. Proposed zone name and location.
2. A statement showing how the proposed PRO zone relates to the Comprehensive Plan and furthers the intent of the Plan.
3. A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for the proposed development.
4. Proposed zone text, including:
Permitted, conditional, and accessory uses (specifically listed and defined).
Proposed development standards, including:
1) Land use standards establishing land use types, occupancy, location, density, buffering and any other element envisioned by applicable sections of the General Plan.
2) Lot standards establishing requirements for minimum lot area, depth, coverage, and dimensions.
3) Building setback standards for front, side, and rear yards.
4) Design standards addressing building height, building orientation, common and private open space, natural resource protection, architectural design, and any other provisions proposed
to be included in the PRO zone.
5) Landscaping and buffering standards.
6) Parking.
7) A statement that the PRO zone will conform to all applicable chapters of Rexburg City Code, except as may be specifically amended by the adopted PRO zone text.
8) Evidence of justification for requested changes to such standards. Deviations from parking and street standards set forth in Rexburg City Code are intended to be rare and shall be
approved by five (5) members of the City Council.
5. A preliminary project plan as provided in this Title and including the following additional information:
Relationship of the property to surrounding properties and uses.
Number, size, and location of all proposed signs.
6. A review fee of one thousand ($1,000) dollars plus a fee of:
a) Thirty ($30) dollars for each dwelling unit proposed in a residential project; or
b) Ten ($10) dollars for each one hundred (100) square feet of gross floor area in a non-residential project.
c) A public hearing notice fee as required.
9.07.060. PRO Zone Application Approval
When considering an application for a proposed PRO zone, the Planning and Zoning Commission may recommend, and the City Council may adopt, modifications to PRO regulations and standards
proposed by an applicant who, in the opinion of the approving authority, is needed to meet the intent and requirements of this chapter.
Approval. A proposed PRO zone application and associated preliminary project plan shall be approved only if, in the opinion of the approving authority, development proposed on the property
will:
1. Further applicable provisions of the Vision 2020 Comprehensive Plan and any applicable master plan, particularly provisions which establish density limitations.
2. Conform to applicable chapters of this Title and except as may be specifically amended by the adopted PRO zone text.
3. Preserve and enhance the subject property and neighborhood by achieving integrated planning and design.
4. Be compatible with development on adjoining and nearby property, both existing and as envisioned by the Rexburg Comprehensive Plan.
5. Minimize the effect of traffic congestion and improve parking and air quality, including providing opportunities for alternative modes of transportation such as walking, bicycling,
or transit.
Development Agreement. When deemed necessary or desirable by the City, application and approval of a PRO zone and/or any development within a PRO zone may require the submission and
approval of a development agreement.
9.07.070. Zone Designation
Adopted PRO zone. Upon approval, each adopted PRO zone shall be listed in Section 9.7.120 of this Chapter and shall be independent of any other PRO zone.
b. Text Amendment. A text amendment to this Title which establishes regulations for a particular PRO zone shall be adopted as an appendix of this Title and shall be identified sequentially,
such as Appendix C (1), Appendix C (2), etc. Each such chapter shall have a unique name combined with t–e designation "PRO" followed by a code categorizing the PRO by project type
as (B) Business, (A) Apartment or other multi-family, or (R) Residential - One family, “e” followed by a sequential number without regard to project category, corresponding to the chapter
number for the zone, the first of which shall be "1", as illustrated by the following hypothetical names:
“Appendix C (1). Imbler Heights (PRO R 1) Project Redevelopment Option Zone.”
“Appendix C (2). La Grande Terrace Apartments (PRO A 2) Project Redevelopment Option Zone.”
9.07.080. Final Project Plan
After approval of a PRO zone and an associated preliminary project plan, and prior to the issuance of any building permits, a final project plan shall be submitted as required by this
Title Rexburg City Code.
9.07.090. Additional Applications
Applications for subdivision approval and any other needed permits shall be submitted to implement approved preliminary project plan.
9.07.100. Project Plan Variations and Amendments
After a PRO zone is adopted and a preliminary project plan for the subject property has been approved, no material variations shall be made to the preliminary project plan and the development
standards adopted in the applicable PRO zone unless the zoning text or map, as the case may be, is amended by the City Council to permit such variation.
Restart Process. Such amendments to an approved preliminary project plan shall be obtained only by following the procedures required for first approval set forth in this chapter.
9.07.110. Reversion of Zoning
Substantial action shall be taken to obtain needed additional approvals and begin construction authorized by such approvals within one (1) year after the approval of a PRO zone.
b. Consequence. If a final project plan has not been approved within one (1) year after a PRO zone has been applied to a specific property, action shall be initiated to rezone the property
to the zone previously existing on the property or such other zone as may be deemed appropriate by the City Council.
9.07.120. PRO Zones Adopted
The following Project Redevelopment Option zones have been adopted:
Hemming Project Redevelopment Option Zone (PRO Zone) - passed by City Council on August 6, 2008.
9.07.130. PRO Zone Reserved
9.07.140. Uses Must Be in Conformity
Land or premises shall be used, unless otherwise provided in this ordinance, in conformity with regulations herein set forth for the zoning district in which said land or premises is
located.
9.07.150. Building in Conformity
No building or structure shall be erected or used unless in conformity within the regulations herein set forth for the zoning district in which said building or structure is located.
9.07.160 Architectural Design Standards
Architectural design requirements are found in Section 7: Commercial Design Standards.
9.07.170. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Section 3.6.
INTENTIONALLY LEFT BLANK
CHAPTER 10: SUPPLEMENTARY REGULATIONS
*All Zoning Standards apply. (See 3.01-3.06)
SECTION 10.1 INFILL/REDEVELOPMENT OVERLAY
*All Zoning Standards apply. (See 3.01-3.06)
10.01.010. Purpose and Objectives
The City of Rexburg City Council, Planning and Zoning Commission and the City Staff have been actively engaged in an effort to promote good planning principles. After a great deal of
study, it has been determined that whenever possible the large demand for community housing generated by a growing university be focused to areas within the City core that are close
to the BYUI campus, commercial centers, community amenities (such as parks, library, pool, theaters) and job centers.
Purpose. The purpose of the Infill/Redevelopment effort is to balance community good with individual choice and property rights.
Policy Statement.
Reduce Costs. Densification through Infill and Redevelopment will save tax dollars by reducing the cost of Streets, Infrastructure, Police, Emergency Services, Sanitation and other
vital services. The existing Comprehensive Plan Map is the primary document for planning future city growth and development.
Best Interest of Citizens. It is in the best interest of all of the citizens of Rexburg to locate Higher Density Housing Projects near Campus and the City Core whenever possible. Besides
the savings of tax dollars, there is also a positive health effect and other cost savings associated with being able to walk to campus, shopping, parks, and other City amenities.
Beautify City. Identifying Infill/Redevelopment projects near the City Core and making the necessary zone changes to encourage development not only will clean up vacant weeded properties,
but will also partially “level the playing field” for these projects versus the lower cost of finding cheaper agricultural ground on the periphery of the City.
Infill and Redevelopment are also encouraged in other parts of the City of Rexburg besides the Focus Area.
10.02.020. Reduced Setbacks
In the Infill/Redevelopment Area, the required front yard setbacks for buildings (not parking) may be reduced up to fifteen (15’) feet from right-of-way by meeting the following requirements:
Sidewalk. A minimum 8’ wide sidewalk is required parallel to any city street.
Landscape Strip. 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.
Irrigation System. An irrigation system is required and is the responsibility of the property owner as
is the maintenance of the landscaped areas.
Oriented toward Street. 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.
Visual Interaction with Street. 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, cornices, eaves, belt courses, sills, awnings, balconies and other
structural elements etc. that in combination enhance the human scale and pedestrian experience of the street.
Projections. Section 3.2.090.e. does not apply. Permitted Projections shall not project more than three (3’) feet extended from building into the setback.
High Quality Materials. The first floor wall facing the right-of-way shall be faced with high quality materials as approved by the Zoning Administrator or designee.
Street lighting and utilities within the right of way must be installed as per the City Engineering Standards.
Renderings. 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 Zoning Administrator
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 Zoning Administrator or designee.
10.01.030. Increased Setbacks & Buffering
Infill/Redevelopment Projects that are located adjacent to existing Non-Fragmented Single Family Neighborhoods are to be held to a higher buffering and separation standard than regular
projects. These projects must meet all of the requirements of the City of Rexburg Zoning Standards. In addition, they must also be buffered by the additional requirements:
Low Density Residential 2&3 to Medium Density Residential 1&2 and Mixed Use
Street Separation. Zones separated by a City street – Standard front yard setbacks allowed as per City of Rexburg Development Code.
Property Lines. Zones separated by property lines – Follow LDR requirements and include two (2”) inch (min.) caliper trees spaced at twenty (20’) feet intervals. Tree type to be approved
at Design Standard Review.
Low Density Residential 2&3 to High Density Residential 1&2 and Mixed Use
Street Separation. Zones Separated by a street – Standard twenty (20’) feet front yard setback allowed up to thirty (30’) feet horizontal wall height.
2. Greater than 3 Stories. Eighty (80’) feet front yard setback required for buildings higher than three stories above grade.
3. Parking Lots. Parking lots in front yard setbacks to be buffered with minimum ten (10’) feet (minimum) wide, two (2’) feet high landscape berm planted with bushes and trees as approved
at Design Standard Review.
4. Property Lines. Zones separated by property lines – Provide largest of one to one (1:1) setback versus height or applicable LDR setback. Include two (2”) inch (min.) caliper trees
spaced at twenty (20’) feet intervals. Tree type to be approved at Design Standard Review.
c. Low Density Residential 1 to Medium Density Residential 1 and Mixed Use
Street Separation. Zones Separated by a street – Standard twenty (20’) feet front yard setback allowed up to twenty (20’) feet horizontal wall height.
Thirty (30’) feet front yard setback from the right of way required for buildings higher than twenty (20’) feet horizontal wall height.
Property Lines. Zones separated by property lines – Provide largest of one to one setback versus height or LDR1 setback. Include two (2”) inch (minimum) caliper trees spaced at twenty
(20’) feet intervals. Tree type to be approved at Design Standard Review.
d. High Density Residential, Medium Density Residential 2 and Mixed Use is not allowed against Low Density Residential 1 Zoning.
e. Infill /Redevelopment Area
The City of Rexburg City Council, Planning and Zoning Commission and the City Staff have identified a focus area for Infill and Redevelopment. See map on following page:
/
A Geographic Information System (GIS) study showing proximity to Campus, Shopping, Parks and other amenities follows (the darker areas are more walkable):
/
SECTION 10.2: PEDESTRIAN EMPHASIS DISTRICT OVERLAY (PED)
DORMITORY HOUSING WITHIN A DEFINED AREA ADJACENT TO THE BYU-I CAMPUS
*All Zoning Standards apply. (See 3.01-3.06)
10.02.010. Objective
10.02.020. Dwelling Area
10.02.030. Reduced Setbacks
10.02.040. Reduction in Parking
10.02.050. Bicycle Parking
10.02.060. Sidewalks
10.02.070. PED Boundaries
10.02.080. Changes in Ratio
10.02.090. Pedestrian and Vehicle Enhancements
10.02.010. Objective
A District created near the BYU-I campus that allows less parking and higher density for residential units. This must be done with a Conditional Use Permit.
10.02.020. Dwelling Area
Every dwelling unit shall have a minimum of one hundred fifty (150) square feet of gross floor area for every person living in a dwelling unit.
10.02.020. Dwelling Density
Dwelling density may be increased with a Conditional Use Permit (CUP). However, dwelling unit density for HDR, MDR and MU zones are regulated by the University, the Building Code, and
the requirements of the CUP.
10.02.030. Reduced Setbacks (See 10.01.020 if in Infill/Redevelopment Area.)
10.02.040. Reduction in Parking for Dormitory
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:
Eligibility.
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).
b. “Developer Option”. (See 3.04.120.b.)
c. PED Ratio. The parking 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, but may in some cases be reduced to as little as sixty (60%) percent, including other parking that is required for guests and management.
d. Rental Agreements. 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.
e. Management Space. One vehicle parking space shall be provided for on-site management and
must be the City’s full-size parking space standard.
f. Visitor Parking. Visitor Parking in the Pedestrian Emphasis District (PED) consists of the following:
1. Space Size. Guest parking spaces shall be the City’s full-size parking space standard.
a) These spaces shall not be included in the parking contract required to be entered into (see section 11.1.030d. above).
b) Signs. Guest parking shall be marked with signage that is clearly visible during all seasons of the year.
2. Guest Parking Ratio. One (1) vehicle parking space per ten (10) residents shall be provided for guest parking unless the Developer Option is exercised: See section 3.4: Parking Regulations.
3. Visitor or Guest Parking. Visitor or Guest Parking may be reduced to six (6%) percent visitor parking stalls per number of beds with a Conditional Use Permit (CUP).
Changes. This may not be changed for a period of two years.
g. Parking areas.
Parking areas (parking spaces and maneuvering areas) shall not be located within the required front yard as per 3.04.040.b.1.
Front Yard. 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 a CUP.
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.
Curbing. 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.
h. Reduced front yard setback CUP. 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 twenty
(20%) percent landscaping requirement may be reduced down to as little as ten (10%) percent upon approval of the Zoning Administrator.
10.02.050. Bicycle Parking
Bicycle Parking. Bicycle parking, shall be provided on a ratio of one (1) space per every ten (10) resident beds, as follows:
Surface. Spaces may be in an open-air environment, but shall be placed on a hard surface such as concrete, asphalt, pavers, or other.
Connectivity. 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 five (5’) feet in width or six (6’) feet in width if vehicle overhang will occur.
Lighting.
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.
Signs. 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.
e. Front Yard Setback. Parking areas shall not be located within the required front yard setback.
10.02.060. Sidewalks
a. Sidewalks. All sidewalks located along property shall be eight (8’) feet minimum, installed and maintained per City Standards.
b. Sidewalk Maintenance Agreement. 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.
1. Sidewalk maintenance shall include repairs as needed, and snow removal and deicing, as needed.
2. 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.
c. Pedestrian Access. 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.
10.02.070. PED Boundaries.
No applications for expansion of the PED boundaries shall be accepted for five (5) years from the passage of this ordinance in the hopes that infill will be maximized within the boundaries.
The current boundaries coincide with a quarter mile (1/4) radius, a distance with the strong likelihood of pedestrian activity. When the boundaries are revisited, if it is determined
that this ordinance has been effective but needs more time to maximize infill then the boundary should not be expanded.
10.02.080. Changes in Ratio.
Qualifying developments cannot reduce their existing parking space ratio except to proportionally allow for additional on-site buildings, or for the restoration of required yard.
10.02.090. Pedestrian and Vehicle Enhancements.
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.
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SECTION 10.3: IMPACT AREA FOR CITY OF REXBURG
*All Zoning Standards apply. (See 3.01-3.06)
10.03.010. Applicability
10.03.020. Purpose
10.03.030. Boundary Definitions
10.03.040. Zoning Districts, Zoning Map, Zoning Tables, Land Use Schedules
10.03.050. Applicability of Rexburg Development Code in Area of Impact
10.03.060. Legal Description of Impact Area / Rexburg, Idaho Impact Area with Madison County Legal Description
10.03.070. Fees
10.03.080. Appeal of City Impact Matter
10.03.090. Enforcement
10.03.010. Applicability
The regulations of this Chapter shall apply to the area of city impact and shall supplement the regulations appearing elsewhere in this ordinance. This chapter is being adopted pursuant
to Idaho Code, Section 67-6526, and any and all amendments thereto, pursuant to mutual agreement between the City of Rexburg and Madison County.
10.03.020. Purpose
The purpose of this chapter is to identify an area of city impact, considering such factor as trade area; geographic factors; and areas that can reasonably be expected to be annexed
to the city in the future. The intent of this Chapter is to define the geographic area of city impact; to set forth the plans and ordinances, which will be adopted and be applicable
to the area of Chapter 65, as set forth by the Idaho legislature.
10.03.030. Boundary Definitions
The boundaries of the area of city impact are defined by separate ordinance. The boundaries and zoning classifications of the area of city impact are shown on the map entitled “City
of Rexburg Impact Area” The map and all information shown thereon are by reference and made a part of this ordinance.
The method for amending the impact boundaries shall be governed by Idaho Code, Section 67.6526 (d).
10.03.040. Zoning Districts, Zoning Map, Zoning Tables, Land Use Schedules
Zoning districts authorized in the area of impact comprise two specific categories:
All existing zones listed in Section 3.1 of this ordinance and described in Chapters 3-9 hereof.
Zoning Map. The zoning map shall designate the zoning districts in the area of city impact of the City of Rexburg and shall be made a part of this ordinance by reference.
Compliance with this Section. Site plans, subdivision requirements, annexation and development agreement shall include provision for installation and continued maintenance of all buffers
and compliance with all city and county ordinances applicable within the area of city impact.
10.03.050. Applicability of Rexburg Development Code in Area of Impact
Any zones, which are located within the area of city impact, shall be subject to all provisions of the Rexburg Development Code and any amendments thereto.
The following provisions shall apply to the TAG and RR1 zones:
Description of Land and Livestock. Any landowner having livestock upon lands located within the area of city impact may, prior to February 15, 1995, provide to the Planning and Zoning
Commission a description of the land together with a description of the livestock on said lands, which shall include the
number of livestock as well as the type of livestock located on said lands.
Historic Herd Size. The Planning and Zoning Commission shall review the descriptions as submitted by a land owner, and together with the land owner determine a historic herd size for
the parcel of land described. The record of historic herd size shall be kept by the City Clerk and shall be preserved for the purpose of determining existing land use on said lands
as of February 15, 1995.
Discontinued Use. In the event a landowner shall discontinue the use and maintenance of livestock on lands described and provided to the Planning and Zoning Commission for a period
of five (5) consecutive years, when such use shall not be reestablished, the uses of the premises thereafter shall be in conformity with the regulations of the zone district in which
the land is situated; provided, that the use and maintenance of a lesser number of the same general type of livestock on the described lands shall be deemed to conform to the historic
herd size as recorded with the City Clerk and will allow the continued recognition of the historic herd size as the current existing land use.
Expansion or Enlargement of Herd. The expansion or enlargement of a livestock herd shall be allowed only by the granting of a conditional use permit, zone change or variance, as provided
by this ordinance and depending upon the particular circumstances and facts involved.
10.03.060. Legal Description of Impact Area/Rexburg, Idaho Impact Area with Madison County Legal Description (Ord. 1150)
“Beginning at a point 300 feet west following the centerline of Highway 33 and the intersection of said centerline with the west section line of section 26, Township 06 North, Range
39 East, being the point of beginning, thence south to the intersection of the south line of the northeast quarter of southwest quarter of Section 02, Township 5 North , Range 39 East,
thence east to the intersection of the southwest corner of northeast quarter of southeast quarter of Section 04, Township 5 North, Range 39 East, thence continuing east 422 feet more
or less, thence north to the South quarter corner of Sec. 33, Township 06 North, Range 40 East, thence continuing north to the north quarter corner of Section 16, Township 06 North,
Range 40 East, thence west along north section lines to where it intersects the west right of way line of North Yellowstone Highway thence northeasterly along said right of way to where
it intersects the center section line of section 08, Township 06 North, Range 40 East, thence west along said center section line to the west quarter corner of section 08, thence north
along section line to where it intersects the centerline of US Highway 20, thence following centerline of said highway in a southwesterly direction to where it intersects with a line
being 300 feet north and parallel to south section line of section 07, Township 06 North, Range 39 East, thence continuing west to a point that intersects with the center line of Section
11, Township 06 North, Range 39 E, thence south approximately 300 feet to south quarter corner of said section 11, thence continuing south to a point where the center section line of
section 26, Township 06 North, Range 39 East, intersects with the centerline of Highway 33, thence westerly along centerline of highway 33 to point of beginning.”
Note: There is an overlap with Sugar City’s Impact Area in the north half of southwest quarter of Section 08, Township 06 North, Range 40 East.
10.03.070. Impact Area Fees (See 1.02.040.e.6.)
10.03.080. Appeal of City Impact Matter (See 1.03.110.)
10.03.090 Enforcement
The City of Rexburg and Madison County authorize the Rexburg Planning and Zoning Commission to be the enforcing agency responsible for enforcing compliance with the provisions of this
ordinance within the area of impact.
Enforcement policies and procedures shall be in compliance with the authorities and duties of the Zoning Administrator, acting as Chief Enforcement Officer for the Commission as provided
by Chapter 1.
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(Map is per ordinance 1150.)
SECTION 10.4: SEXUALLY-ORIENTED BUSINESS OVERLAY
*All Zoning Standards apply. (See 3.01-3.06)
10.04.010. Purpose
10.04.020. Definitions
10.04.030. Zoning and Location Requirements
10.04.040. Development Standards
10.04.010. Purpose
The purpose of this Chapter is to establish a SOB (Sexually-Oriented Business) Overlay Zone that reasonably governs the location of sexually-oriented businesses in order to avoid adverse
secondary effects which may result from the operation of such businesses. This chapter shall be construed to protect the governmental interests recognized by this chapter in a manner
consistent with protections provided by the United States Constitution and the Idaho Constitution.
10.04.020. Definitions
Terms involving sexually-oriented businesses shall have the meaning set forth in Chapter 2 of this Ordinance.
10.04.030. Zoning and Location Requirements
a. Location. Any sexually-oriented business licensed as an adult business or a semi-nude entertainment business shall be permitted only within the Sexually-Oriented Business Overlay
Zone as shown on the Zoning Map of the City of Rexburg.
b. Requirements. No sexually-oriented business shall operate within one-thousand (1,000’) feet of any of the following:
1. A residential zone boundary line as shown on the Rexburg City Zoning Map.
2. The property boundary of any church, public park, public library, or school. And no church, public park, public library or school shall be established within this distance.
3. The boundary of any property for which a sexually oriented business license earlier has been issued and has not expired.
4. Distance Measurements. The distance from any church, public park, public library, or school shall be measured in a straight line from the nearest point of the line of any property
on which a sexually-oriented business is operating, or is proposed to operate, to the nearest residential zone boundary line or property boundary line of any church, public park, public
library, or school.
10.04.040. Development Standards
Standards. Each sexually-oriented business shall be subject to all development standards of the underlying commercial zone in which it is located, including, but not limited to, setbacks,
building height, projections, design standards, etc.
1. Parking. Off-street parking shall be provided as required by the land use to which the sexually-oriented business is most closely related.
2. Signs. Signs for each sexually-oriented business shall be limited to the following:
All signs shall be flat wall signs.
The maximum area of all signs shall not exceed one (1) square foot of sign area per (1) foot of building frontage on a public street.
Banner signs or similar are not permitted.
Electronic reader board signs or similar are not permitted.
Flashing lights and any lights that together create motion of any kind are not permitted.
3. Displays. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or in any area where they can be viewed from a public sidewalk.
4. Deliveries.
Deliveries of any kind to the establishment shall not be left on the exterior of the building at any time.
Any merchandise whether exposed of packaged shall not be stored permanently or temporarily on the exterior of the building.
INTENTIONALLY LEFT BLANK
CHAPTER 11: SUB-DIVISIONS
*All Zoning Standards apply. (See 3.01-3.06)
Section 1
11.01.10 Purpose
11.01.20 Definitions
11.01.030 Jurisdictions
Section 2: Procedure
11.02.10 Pre-Application
11.02.20 Pre-Application Review
11.02.30 Preliminary Plat
11.02.40 Final Plat
11.02.50 Construction Drawings
11.02.60 Bonding
11.02.70 Request Mylar
11.02.80 File with County Recorder
11.02.90 As Built Plans
11.02.100 Short Plat
Section 3: Data Requirements
11.03.10 Preliminary Plat Data
11.03.20 Existing Conditions Data
11.03.30 Proposed Conditions Data
11.03.40 Proposed Utility Methods
11.03.50 Final Plat Data
Section 4: Grid Compliance
11.04.10 Block Requirements
11.04.20 Lot Requirements
11.04.30 Monuments
11.04.40 Street Names
11.04.50 Addressing
SECTION 1
11.01.010. Purpose and Objectives
The sub-division code for the City of Rexburg, Idaho, establishes requirements for subdividing land within the city and within the city impact area; establishes procedures for processing
plats; adopts general design standards; establishes street and utility requirements for new subdivisions; regulates special developments.
11.01.020. Definitions
The following terms are defined in Chapter 2:
Block
Board
DEQ
Exception, Land
Floodway fringe
Minor Residential Street
Public Works Director
Standard Drawings and Specifications
Unsuitable Land
11.01.030. Jurisdictions
The regulations apply to the subdividing of all land within the city and include the following:
Subdivision of land into three (3) or more parcels for transfer of ownership.
Publicly Maintained Street Frontage. These lots or parcels created shall front a publicly maintained street unless approved by the Commission and City Council.
Dedication of a Street or Alley. The dedication of any street or alley through or along any tract of land except where such dedication is initiated at the requirement of a public body.
Condominium Projects as permitted by Idaho statutes. (See 11.06.010.)
The re-subdivision of a parcel of land into more than one (1) parcel except as provided in the exceptions listed below:
Lot Line Adjustment. A lot-line-adjustment which does not reduce the area, frontage, width, depth, or building setback lines to fall below the minimums required by the zoning regulations.
Large Lots or Agriculture. A subdivision of land into parcels that are larger than forty (40) acres or are lots in a section of land shown on the official U.S. Government General Land
Office Township Survey maps including re-subdivisions and designed exclusively for agricultural purposes, and which do not involve any new street dedication of the creation of private
easement access to lots or parcels which could otherwise be provided access to a publicly dedicated street. (See definition of agriculture.)
Settlement of Estate or Court Decree. An allocation of land in the settlement of an estate or a court decree for the distribution of property with the stipulation that the land may
not be divided into more than four (4) parcels with a minimum size per parcel to be five (5) acres, or create lots that do not meet the requirements of the zoning regulations.
Unwilling Sale. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code and when the dedication of a right-of-way for public purposes is
initiated by a public body.
Trade or Sale to Straighten Boundaries. The exchange of land for the purpose of straightening property boundaries or by adding land to existing parcels by trade or sale which does not
result in change of the present land use or in any way result in land parcels which do not meet existing zoning regulations.
SECTION 2 PROCEDURE
11.02.010. Pre-Application
Before filing an application for a preliminary plat, a concept drawing and any additional data to communicate intentions and plans will be submitted to the Zoning Administrator by the
sub-divider.
11.02.020. Pre-Application Review
The Zoning Administrator shall review said plans and data as submitted and within ten (10) working days shall communicate to sub-divider in writing as to general conformance and nonconformance
with this ordinance. Such review may include guidelines from the implementation of various ordinances such as the comprehensive plan,
zoning ordinances, and similar plans or programs. The Zoning Administrator will advise the sub-divider of actions required for the proposed subdivision.
11.02.030. 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 copies of the completed subdivision application form, four (4) 24” x 36” copies of the preliminary plat with data as prescribed by
the Commission, and one (1) digital copy of these documents. (See Section 3 of this Chapter.)
Pay Fees. Persons filing a subdivision plat within the City of Rexburg shall first have paid all fees as established by resolution of the Council. Such fees may be reviewed and changed
by resolution of the Council at such time as the Council deems necessary.
Certification. Upon receipt of the preliminary plat and all required data as provided herein, the City shall certify the application as complete and shall affix the date of application
acceptance thereon.
Staff Review. The City shall transmit a copy of the application to its various departments and such other agencies that have jurisdiction or an interest in the proposed subdivision for
their review and recommendation.
If no written reply is received from any of the various departments or interested agencies within fourteen (14) days from the date of notification, approval of the preliminary plat by
such department or agency will be considered to be granted.
Possible Departments and Agencies:
City Engineer
City Planning and Zoning Department
County Commissioners
City Council
Fire Department
GIS Department
Public Works Director
State Highway Department
Utility Companies
Irrigation District (if subdivision abuts or includes a canal or ditch)
Other department or agencies as necessary
Commission Action. The preliminary plat shall be placed on the Commission agenda for consideration at the next available regular meeting.
Review. The Commission shall review the application and comments from the review agencies for compliance to the City’s Comprehensive Plan, Development Code, and applicable ordinances.
The Commission shall determine if further action will be necessary to complete the review and make recommendations to City Council.
Amendment. If the Commission determines that an amendment must be made to the Comprehensive Plan and/or the Zoning Ordinance to approve the application, the Commission shall follow
the procedures detailed in 67-6509 IDAHO CODE.
Recommendation. The Commission will recommend to City Council the preliminary plat be approved, approved conditionally, or disapproved within thirty (30) days after the date of the
meeting at which the preliminary plat is first considered.
The Commission, will then send a copy of the preliminary plat and the Commission’s findings or reasons for decision to the City Council.
Reasons for Decision. The reasons for such decision shall specify:
the ordinance and standards used in evaluating the application
the reasons for approval or denial; and
the actions, if any, that the applicant could take to gain approval of the proposal.
Council Action. The Council shall act upon the report of the Commission within fourteen (14) days, or its next regular available meeting following receipt of the report.
Testimony. The Council may hear testimony of the representatives of the Commission and witnesses, including interested citizens affected by the proposed subdivision.
Findings. The Council shall base its findings upon the report and testimony presented before it and declare its findings. It may sustain, modify, or reject the recommendations of the
Commission, and make such findings as are consistent with the provisions of this ordinance and the Idaho Code. The reasons for such decision shall specify:
the ordinance and standards used in evaluating the application
the reasons for approval or denial; and
the actions, if any, that the applicant could take to gain approval of the proposal.
3. Reasons for Decision. The reasons for such decision shall be stated in writing, a copy of which shall be attached to one (1) copy of the preliminary plat and returned to the sub-divider.
4. Approval Time Period. Once the preliminary plat is approved, the approval is good for a period of twelve (12) months from the date of approval. In the event a longer period elapses,
the preliminary plat must be reviewed by the Commission again.
Extension. The time limits for acting on the preliminary plat may be extended by mutual consent of the sub-divider and the Commission and/or the Council.
5. Zone Changes. Before final platting of the development, all required zoning changes shall be obtained.
Development Agreement.
Prior to submitting a final plat, the sub-divider shall work with the city engineering department to develop a preliminary development agreement for review with the final plat. Conditions
shall be established for:
requirements for the extent and manner in which roads shall be created and improved
water and sewer and other utility mains; piping connections, or other facilities shall be installed.
11.02.040. Final Plat
Survey. After approval or approval with conditions, the sub-divider may cause the subdivision, or part thereof to be surveyed and a final plat prepared in accordance with the preliminary
plat as approved. The approved preliminary and the final plat should match.
b. 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) copies of the completed subdivision application form as prescribed by the Commission and four (4) 24” x 36” copies of the final plat with
data as required by this section.
Plans and Specifications. (See 11.03.050.) The final plat submission shall include plans and specifications for all proposed improvements as required by this ordinance.
Title. A current title report or other evidence acceptable to the City showing proof of ownership of the tract of land being platted shall be part of the application submission.
Certificates and Acknowledgements. 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. (See 11.02.070.c.)
Covenants, Conditions and Regulations (CCR’s) submitted with final plat.
c. Pay Fees. Persons filing a subdivision plat within the City of Rexburg shall first have paid all fees as established by resolution of the Council. Such fees may be reviewed and
changed by resolution of the Council at such time as the Council deems necessary.
d. Staff Review. The City shall transmit a copy of the application to its various departments and other agencies that have jurisdiction or an interest in the proposed subdivision for
their review and recommendation.
If no written reply is received from any of the various departments or interested agencies within fourteen (14) days from the date of notification, approval of the preliminary plat by
such department or agency will be considered to be granted.
The Planning and Zoning Department shall check the Final Plat for conformity to the Preliminary Plat.
a) Nonconformance. 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. (See 11.02.030.)
Development Agreement. The Development Agreement shall be executed prior to the approval of the final plat. The final plat shall not be signed by the city until the Development Agreement
has been executed.
Dedication and Acknowledgement.
Dedication. The plat must contain a statement of dedication of all streets, alleys, drainage ways, pedestrian ways, and other easements for public use by the person holding title of
record and by persons holding title as vendees under land contract. If lands dedicated are mortgages, the mortgagee shall sign the plat.
Acknowledgement. Execution of dedication shall be acknowledged and certified by a notary public.
County Surveyor Review. The plat shall be reviewed by the County Surveyor for conformance to County codes. The County Surveyor signs the plat as the Examining Surveyor.
Planned Unit Development (PUD) Master Plan Approval. If a PUD Master plan has been approved, the final plat shall be approved by the Zoning Administrator.
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.
Approval. The Council, following shall consider the final 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 of the plat.
Dedications Accepted. 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 engineering plans and as defined in the Development Agreement.
To complete the acceptance of any dedication of land, the owner shall furnish to the Council, a deed conveying such lands to the City.
The City will record the deed with the County Recorder.
The Council shall make such findings as are consistent with the provisions of this ordinance and the Idaho Code. The reasons for such decision shall include:
the ordinance and standards used in evaluating the application
the reasons for approval or denial; and
the actions, if any, that the applicant could take to gain approval of the proposal.
j. Time Limitations. In the event that the development of the final plat is made in successive continuous segments in an orderly and reasonable manner, conforms substantially to the
approved preliminary plat, such segments, if submitted with successive intervals of twelve (12) months may be considered for final plat approval.
11.02.050. Construction Drawings
Prior to recording the final plat, the sub-divider shall file with the City Engineer construction drawings for all improvements that are required for that portion of the subdivision
included in the final plat.
11.02.060. Bonding
Prior to recording the final plat, the sub-divider shall file with the City Clerk a surety bond, or other acceptable guarantee, to ensure actual construction of such improvements as
submitted and approved.
The improvements when covered by a surety bond, shall be constructed within two (2) years from the date of recording of the final plat; provided, however, the City may extend the period
one (1) year upon showing of just cause by the sub-divider.
Such surety bond shall be one-hundred-ten percent (110%) of the estimated cost of the improvements as determined by the City.
Bonding continued in 14.2. 90.b.
11.02.070. Request for Mylar
Once all revisions from staff reviews, County Surveyor, Commission and/or Council amendments have been made to the final plat, the City of Rexburg Staff will request the final Mylar
be printed. The final Mylar shall show all revisions.
All plats to be offered for recording shall be on transparent tracing(s) that show all pertinent information that was approved on the Preliminary Plat.
The final plat is to be recorded on clear Mylar silver emulsion with an overall dimension of eighteen (18”) inches by twenty-seven (27”) inches.
Required Certifications.
Signature of the following show approval or completion. Please seek signatures in the order they are listed.
Professional land surveyor – Surveyor shall state on plat that plat is correct, accurate, and monuments described have been located, installed, and described
Examining Land Surveyor (Madison County)
Sanitary restriction being lifted (Health Department after approval by D.E.Q.)
Planning & Zoning Administrator
Certification of plat approval by the City Engineer
Certificate of approval by the City Clerk
Certificate of approval by City Council (Mayor)
Treasurers Certification of taxes paid
Recordation by County Recorder
11.02.080. File with County Recorder
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.
Communicate to City. Recording number is communicated to the City Planning & Zoning office to finalize permit.
11.02.090. As-Built Plans
Prior to acceptance by the City of any improvements installed by the sub-divider, two (2) sets of prints of the approved as-built plans and specification shall be certified by the sub-divider’s
engineer and filed with the City.
a. The as-built drawing shall also be submitted in AutoCAD format, and shall show any deviations from the approved construction drawings.
Within thirty (30) days after completion of improvements and submission of “as-built” plans and specifications, the City shall certify completion and acceptance of construction and shall
transmit a copy of said certification to the sub-divider.
Bonding Continued. A copy of certification shall be forwarded to the City Clerk if a surety agreement has been executed by the sub-divider. Thereafter, if a surety agreement has been
executed by the sub-divider, the City Clerk shall thereafter release seventy-five (75%) percent of said surety or guarantee upon application of sub-divider. The final twenty-five (25%)
percent of the surety will remain in effect for a twelve (12) month warrantee period. If no problems are outstanding at the end of the warrantee period, the City Clerk will release
the final amount upon written request by the developer.
11.02.100. Short Plat
The process for a short plat will be the same as for a preliminary and a final plat as listed in this chapter with the exception of application, Commission action, and Council action.
City of Rexburg staff will take the place of both the Planning and Zoning Commission and the City Council.
Conditions. A Short Plat may be requested when all of the following conditions are met:
The proposed subdivision does not exceed five (5) buildable lots
No right-of-way dedication is necessary as required by City Codes and Ordinances unless otherwise approved by the City Engineer.
Public improvements, street widening or infrastructure improvements have been approved by the City Engineer
No impacts on the health, safety or general welfare of the City of Rexburg
The subdivision is in the best interest of the City of Rexburg
Administratively Reviewed by Staff. The Zoning Administrator shall review said plans and data as submitted and within ten (10) working days shall advise the sub-divider in writing as
to conformance or nonconformance of this ordinance, the city’s zoning ordinances. Such review may include comments on policies and guidelines followed by the Zoning Administrator in
the implementation of the Development Code.
SECTION 3 DATA REQUIREMENTS
11.03.010. Preliminary Plat Data
Form of Presentation. The following information is required as part of the Preliminary plat submitted and shall be shown graphically, or by note on plans, or by letter, and may comprise
several sheets.
Scale. All mapped data for the same plat shall be drawn at the same standard engineering scale, having no more than one-hundred (100’) feet to an inch. Whenever practical, scales shall
be adjusted to produce an overall drawing measuring twenty-four inches by thirty-six (24”x 36”) inches.
Format. All work shall be AutoCAD format and a digital copy shall also be submitted.
Identification Data
Name and Location. Proposed name of subdivision and its location by section, township, and range; reference by dimension and bearing to at least two (2) section corners or quarter section
corners and the basis of bearing.
Sub-divider. Name, address, and phone number of sub-divider
Engineer or Land Surveyor. Name, address, and phone number of engineer or land surveyor
Scale, north arrow, and date of preparation including dates of any subsequent revisions.
Vicinity Map. Vicinity Map drawn to scale of 1” equal 800’, clearly showing proposed subdivision’s configuration in relationship to adjacent subdivisions, main arterial routes, collector
streets, etc.
11.03.020 Existing Conditions Data
Topography. Topography by contours or other method approved by the City Engineer and shown on the same map as the proposed subdivision layout. Contour intervals shall be such as to
adequately reflect the character and drainage of the land. In most cases, the contour interval will be two (2’) feet.
Water features and Wetlands. Location and extent of all water features and known areas of wetlands, and the direction of their flow.
Streets, Public Areas, and Permanent Structures. Location, widths, and names of all platted streets, railroads, utility right-of-way of public record, easements, public areas, permanent
structures to remain including water wells, and municipal corporation lines within or adjacent to tract.
Adjacent Subdivisions or Surveys. Name and filing number of any recorded adjacent subdivision or record of survey having common boundary with the tract.
Zone. By note, the existing zoning classification of tract.
Acreage. By note, the approximate acreage of the tract.
Boundaries. Boundaries of the tract to be subdivided shall show approximate dimensions.
11.03.030 Proposed Conditions Data
Development Master Plan. If the proposed subdivision is part of a larger area intended for development, a Development Master Plan of the entire area is required.
Lots. Typical lot dimensions to scale; dimensions of all corner lots and curvilinear sections of streets; each lot numbers individually; total number of lots.
Easements. Location, width, and use of easements.
Public Use. Designation of all land to be dedicated or reserved for public use with use indicated.
Zoning Classifications. If plat includes land for which multi-family, commercial, or industrial use, such areas shall be clearly designated together with existing zoning classification
and status of zoning changes, if any.
Special Features. Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, flood plain,
cemetery, mobile home park, large scale development, hazardous and unique areas of development.
11.03.040 Proposed Utility Methods – Public Works
Water. Plans for proper and adequate provisions including type, extent, location, and capacity of facilities shall be made for disposal of wastewater, water, supply, and storm water.
Engineered Plans. These plans must be done by an Idaho Registered Engineer, be approved for individual subdivisions by the City Engineer, must comply with the adopted Design Standards
and Specifications of the City, and must be approved by the Departments of Environmental Quality (D.E.Q.) at District 7 Health.
Will Serve Letter. The City will provide a “Will Serve Letter” for the developer after the plans have been reviewed and approved by the City Engineer.
Water Supply Systems. Proper and adequate provision shall be made for culinary water service to each lot. It shall be the responsibility of the sub-divider to furnish such evidence
as may be required relative to the design, operation, volume, and quality of water supply and facilities proposed including pipe size, pipe materials, location, valve location, hydrant
location and any special requirements.
Wastewater Management. It shall be the responsibility of the sub-divider to furnish such evidence as may be required relative to the design and operation of the sanitary sewage facilities
proposed including pipe size, manhole location, pipe slope and information on any required pump stations.
Storm Water Management. It shall be the responsibility of the sub-divider to furnish the City such evidence as may be required relative to design and operation of any storm water system
proposed and how storm water will be disposed of with supporting calculations.
Irrigation Management. The sub-divider shall indicate how site landscaping irrigation will be managed and provided.
Water Rights and Shares. All water rights or shares that have been historically linked to the development property shall be used for site irrigation or surrendered to the city.
Fire Hydrants. Fire protection shall be included in the design of the project to meet the requirements of the City Engineering Standards and International Fire Code.
Required items b, c & d above shall consider and include Health Department and Soil Conservation Service data and requirements which the sub-divider has accumulated to submit with the
preliminary plat. Utility plans shall be made in accordance with standard plans and specifications.
Streets. The sub-divider shall show road widths, typical sections and pavement structure. Street layout, including classification, location, width and proposed names of public streets,
alleys, pedestrian ways and easements; connections to adjoining platted tracts shall also be shown.
Traffic Study. A traffic study may be required by the City Engineer for any development that has a potential to significantly impact traffic flow.
k. Landscape Plans. Detailed landscaping plans showing the type and size of all plant material and its location, the irrigation system, decorative materials, recreation equipment and
special effects; and the schedule for removal and replanting of vegetation;
l. Water & Street Plans. Detailed water, sewer, drainage and drainage pre-treatment, storm water detention and street system plans, including:
Central line profiles showing finished grades of all streets;
Cross sections of proposed streets showing widths of roadway, curbs, locations and width of sidewalks and location and size of utility mains;
Profiles of sanitary sewer, street drainage, drainage pre-treatment, storm water detention and water distribution systems, showing pipe size and location of valves and fire hydrants,
all to conform to city and state standards;
The estimated cost of street, sewer, drainage and drainage pre-treatment, storm water detention, water, and other public infrastructure improvements within the planned unit development.
11.03.050 Final Plat Data
Form of Presentation
Scale. The plat shall be drawn to an accurate scale having not more than one-hundred (100’) feet to an (1”) inch unless otherwise approved as to scale.
Identification Data
Title. A title which includes the name of the subdivision and its location by number of section, township, range and county.
Land Surveyor. Name, address, and official seal of the registered professional land surveyor preparing the plat.
Scale, north arrow, and date of the plat preparation
Survey Data
Dimensions. All dimensions shall be expressed in feet and decimals.
All required data to accurately calculate any curvilinear dimensions shown on the plat.
Boundary. Boundaries of the tract to be subdivided fully balanced and closed, showing all bearings and distances determined by an accurate survey in the field.
All boundary corners are also to show state plane coordinates.
Bearing and distance ties to two (2) sections or section corners and a description of the corners. Show basis of bearing.
Excepted Parcels. Any excepted parcel(s) within the plat boundaries shall show all bearings and distances, determined by an accurate survey in the field.
Cardinal Point. Location and description of cardinal point to which all dimensions, angles, bearings, and similar data on the plat shall be referenced.
Legal Description. A legal description of the exterior boundary of the subdivision.
Survey Markers. (See 11.04.030)
Descriptive Data
Streets and Right-of-Way. Name, right-of-way lines, courses, lengths, widths of all public street, alleys, pedestrian ways, and utility easements; radii, points of tendency, and central
angles of all curvilinear street and alleys, and radii of all street line intersections.
Drainage. All drainage ways to be dedicated to the public.
Easements. All easements for rights-of-way provided for public services or utilities and any limitations of the easements.
Lots & Blocks. All lots and blocks shall be numbered throughout the plat in accordance with Idaho Code.
“Exception”, “tracts”, and “private parks”, shall be so designated, lettered, or named and clearly dimensioned.
Dedications to Public. Location, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the public will be clearly indicated and intended use specified.
SECTION 4: GRID COMPLIANCE
11.04.010 Blocks
Block lengths shall not exceed seven-hundred (700’) feet as measured along the street centerline intersection to centerline intersection.
Block design shall provide for two (2) tiers of lots except under special conditions where this is not feasible or practical.
11.04.020 Lots
Zoning Compliance. The lot size, width, depth, shape and orientation, and minimum setback lines shall comply with the requirements of the zoning ordinance.
Side Lot Lines. Side lots lines shall be substantially at right angles or radial to street lines, except where other treatment may be justified.
Double frontage lots. Double frontage lots shall not be allowed except when approved by the Commission.
11.04.030 Survey Markers
Monuments shall be installed in accordance with current State of Idaho standards at all corners, angle points of curve, and all intersections.
Property Corners. Each external property corner is to be marked with a 5/8” dia. steel rod 30" long. All interior property corners are to be marked with a ½” dia. Steel rod 30” long.
All corners are to be marked with a plastic or aluminum cap that bears the surveyors name or initials and registration number. All marked corners are to be protected with a metal
post that extends at least 24 inches above the ground surface or as determined by the City Engineer.
Street Monuments. Street monuments at all major street intersections the surveyor shall set a 2” dia. Brass cap in concrete showing the surveyor number, subdivision name and be punched
to show the point of control. Monuments are to be approved by the City Engineer prior to installation.
Control Monuments. Control monument locations are to be approved by the City Engineer prior to installation.
11.04.040 Street Names
Street names shall not duplicate any existing street name within Madison county except where a new street is a continuation of an existing street; street names that may be spelled differently
but sound the same as existing streets shall not be used. All new streets shall generally be named as follows:
North-South. Streets that have a predominantly north-south direction shall be named “Avenue” or “Road”
East-West. Streets that have a predominantly east-west direction shall be named “Street or “Highway”
Meandering. Meandering streets shall be names “Driveway”, “Lane”, “Path”, or “Trail
Cul-de-sacs. Cul-de-sacs shall be named “Circle”, “Court”, “Way”, “Place”
11.04.050 Addressing (See 3.02.140).
Postal delivery system shall be planned within the existing Postal Service Guidelines for extension of delivery.
SECTION 5: REQUIRED IMPROVEMENTS
11.05.010 Responsibility of Sub-Divider
All required improvements such as streets, seal coating, alleys, utilities, street lighting, drainage, easements, and other facilities which are required as a condition to plat approval
shall be the responsibility of the sub-divider and shall meet City specifications and standards of construction. Plans for the improvements herein required shall be prepared by a registered
engineer in the State of Idaho.
11.05.020 List of Required Improvements
The following will need to be in compliance with the adopted Standard Drawings and Specifications of the City. The following improvements shall also be approved for individual subdivisions
by the City Engineer.
Pedestrian ways
Public Sites, Open Spaces, and Natural Features
Water Systems
Fire Hydrants
Wastewater Systems
Storm Water Disposal
Monuments
Curb, gutter, and street improvements
Street signage
Street lighting
11.05.030 Pedestrian Ways
Curb and Gutter. Curb and gutter pre current City Engineering Standards.
Location. Concrete sidewalks shall be provided on both sides of dedicated streets.
Setback. All sidewalks are to be set back from the curb per current City Engineering Standards and the area between the sidewalk and curb and gutter is to be landscaped.
ADA. Sidewalks shall connect to cross walks at each intersection and shall meet the requirement as defined for ADA accessibility.
Larger widths. Pedestrian ways with right-of-way widths of ten (10’) feet or greater may be required where essential for circulation or access to schools, playgrounds, shopping centers,
transportation and other community facilities.
Connectivity. Connectivity to main routes in town for bicycle and pedestrian connections to main routes shall be included in the design of developments.
11.05.040 Public Sites, Open Spaces, and Natural Features
a. Future acquisition. Where it is determined that a proposed park, playground, school or other public use as shown on a future acquisition map, as authorized in Idaho Code, is located
in whole or in part within a proposed subdivision, the Commission shall notify the appropriate public agency concerning the land proposed to be acquired.
1. Suspend Consideration. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the proposed subdivision for sixty
(60) days.
2. No agreement. If an agreement is not reached within (60) days, the Commission shall resume consideration of the subdivision.
b. Large Subdivisions. Subdivisions of more than one-hundred (100) units shall be required to provide at least ten (10%) percent of the land for public use at fair market rates at the
time of development.
c. Existing Natural Features. Existing natural features which add value to residential development and enhance the attractiveness of the community such as streets, watercourses, historic
spots, and similar irreplaceable assets shall be preserved, insofar as possible, in the design of the subdivision.
11.05.050 Water & Wastewater (Sewer)
a. Approval Process.
Engineer Designed. All system designs are to be completed by an Idaho registered Engineer.
Design and Installation. All water system and sewer system design and installation is to be done in accordance to the requirements of the Idaho Department of Environmental Quality (D.E.Q.)
and adopted City Engineering Standards.
Improvements. All water system improvements are to be approved by D.E.Q. prior to any construction.
The sub-divider is responsible for submitting the design to D.E.Q. for approval.
Approval Letter. A copy of the approval letter from D.E.Q. for the final design shall be submitted to the City Engineer by the sub-divider.
“Will Serve Letter.” The City will provide a “Will Serve Letter” to the developed after the plans have been reviewed and approved by the City Engineer.
Fire Safety. Fire protection shall be included in the design of the project to meet the requirements of the city and this ordinance. All fire safety must comply with Section 10.3 and
International Fire Code requirements.
Fire Hydrants. The location of fire hydrants required to serve the subdivision shall be approved by the City and meet the requirements of this section.
Culinary Water Service. Proper and adequate provisions shall be made for culinary water service to each lot.
Location. Water lines are to be located at approximately the center of new residential lots.
Commercial Developments. The location and size of service lines for commercial developments are to be approved by the City Engineer.
c. Wastewater Disposal. Proper and adequate provisions shall be made for wastewater disposal.
11.05.060 Storm Water
Proper and adequate provision shall be made for disposal of storm waters. The type, extent, location, and capacity of facilities shall be approved for individual subdivisions by the
City Engineer.
On-Site Detention. On site detention will be required in most locations. In areas where it is not feasible to connect to or extend existing piped storm water systems to new development,
all storm water is to be retained and disposed of on-site.
Idaho Engineer. All storm water design is to be done by an Idaho registered Engineer.
Drainage Study. On developments over 2.5 acres, a drainage study must be completed by an Idaho Registered Engineer to determine storm water run-off volumes, transport times, and system
design.
Design & Installation. Design and installation is to be cone in accordance with the requirements of the City Engineering Standards.
11.05.080 Utility Locations
Communication Facilities. Communication facilities such as telephone, fiber, internet, etc. are to be installed in the landscaping strip on each side of the proposed streets.
Gas. Gas mains are to be located per current City Engineering Standards.
Exceptions – If the nearest utility is more than eight (8’) feet deep and is constructed with trench walls sloped 1:1, the gas main must have a minimum of ten (10’) feet horizontal clearance
and must not be less than four (4’) feet horizontal distance from the back of the curb and gutter.
Storm Drain System. Piped storm drain systems for city streets are to be installed within the right-of-way and within the paved portion of the street section unless otherwise approved
by the City Engineer. If local-
non-piped-storm-water-management systems are used, the infiltrators are to be installed in the planting strip or as determined by the City Engineer. On site storm retention for the
parcel may not use the right-of-way for storage or conveyance to another portion of the parcel.
d. Underground Electrical. All new and/or relocated electric lines are to be placed underground per current City Engineering Standards.
If no sidewalk is to be installed, a level area of five (5) square feet, a minimum of fifteen (15’) feet from the edge of the asphalt roadway is to be provided for the installation of
the power lines in the utility easement.
Exceptions – On major and minor arterial streets, a ten (10’) feet wide easement must be provided adjacent to and outside of the right-of-way and the underground power lines will be
installed in this easement.
e. Wastewater. Wastewater pipelines are to be located per current City Engineering Standards. Exceptions with approval of City Engineer.
f. Water. Water pipelines are to be located per current City Engineering Standards.
Hydrants. A minimum ten (10’) feet by ten (10’) feet level area will be required for all hydrants.
11.05.090. Street Identification
New Streets.
All new streets constructed shall conform to existing and planned streets, in topographical conditions, arrangement, character, extent, width, grade, and location for public convenience
and safety in relation to the proposed uses of the land to be served by such streets.
Transportation Master Planning. New streets are to be developed to conform to any adopted transportation system master planning.
Cul–De-Sacs. The city engineering department shall approve all cul-de-sac streets.
No cul-de-sacs shall be longer than six-hundred (600’) feet.
The cul-de-sac shall terminate with a turnaround area with a minimum back of curb radius of forty-five (45’) feet and a right-of-way radius of fifty-seven (57’) feet.
Dead-End Streets. Dead End Streets are intended for future extensions in development of adjacent lands.
A dead-end street serving more than four (4) residential lots shall provide, by easement, a temporary turning circle with a forty-five (45’) foot radius or other acceptable design to
accomplish adequate access. The turn-around is to be graveled and graded for vehicular use.
Frontage Streets. Frontage Streets are intended where a subdivision abuts or contains an existing or proposed arterial street, railroad, or limited access highway.
Because of the need to control the number of accesses to these roads, the developer may be required to back lots onto the road or to provide a parallel access road.
Half - Streets. Half Streets are not allowed.
Exceptions: The Council may accept a partial street dedication when such street forms the boundary of the proposed subdivision and is deemed to be necessary for the orderly development
of the neighborhood, and provided the Council finds it will be appropriate to require the dedication of the remainder of the right-of-way when the adjoining property is developed.
When a half-street exists adjoining a proposed subdivision, the remainder of the right-of-way shall be dedicated.
Where a half-street dedication is constructed, they shall be of a width to be fully functional as a city access street. The minimum acceptable pavement width is twenty-six (26’) feet
or as required by the City Engineer.
Local Residential Streets. Local Residential Streets shall be designed to discourage through traffic use.
Loop Street. Loop streets shall be limited to a maximum length of twelve hundred (1200) feet measured along the centerline of a street from centerline section to centerline section
or upon approval of the City Engineer.
11.05.100. Street Standards
All streets shall have curbs and gutters, sidewalks, and asphalt paving per City Engineering Standards. In rural residential zones, the requirement for curb and gutter may be eliminated
with approval of the City Engineer and in compliance with the approved typical roadway sections.
Intersections and Alignments
Prohibited Streets. Streets with centerline offsets of less than one hundred twenty-five (125’) feet are prohibited without City Engineer prior approval.
Avoid These Intersections. Street intersections with more than four (4) legs and Y-type intersections where legs meet at acute angles shall be avoided.
Right Angles. Streets shall be planned to intersect as nearly as possible at right angles, but in no event at less than seventy (70°) degrees. A street intersecting an arterial street
shall do so at less than eight-five (85°) degrees.
Connecting Curve. Where any street deflects at an angle of five (5°) degrees or more, a connecting curve shall be required having a minimum centerline radius of three hundred (300’)
feet for arterial and collector streets and one hundred twenty-five (125’) feet for local streets.
Between Reverse Curves. A tangent at least one hundred fifty (150’) to two hundred (200’) feet long shall be provided between reverse curves on arterial and collector streets.
b. Seal Coating. The developer is required to have all streets or roads seal coated as per city standards within two (2) years of acceptance.
1. Bond or Security. The developer shall file with the city a bond or other acceptable security to provide payment of the seal coating.
2. City Seal Coating Project. Arrangements may be made to have the seal coating incorporated within a city seal coating project if coordination and payment arrangements are made with
the City Engineering Department prior to bidding the seal coating project.
c. Paving. Paving must comply with approved city typical street sections.
Alternate paving sections will be considered if substantiated by an in depth engineering analysis by an Idaho professional engineer
d. Right-of-way & Number of Moving Lanes. For right-of-way width and number of moving lanes, see current Engineering Standards, as specified by IDAPA 39.03.42.
e. Intersection Frequency. Intersections shall be limited to as few points as possible.
f. Street signs and Traffic Control Signals. Street name signs and traffic control signs shall be installed by the City in appropriate locations at each intersection in accordance with
local standards.
A fee shall be charged to the sub-divider to reimburse the City for its cost of such signing.
g. Lighting (See Section 3.6.) Street lights shall be installed by the sub-divider at intersections throughout the subdivision, unless waived after recommendation of the City Engineer
and approval of the City Council.
1. Street lights will be required to be installed per City Engineering Standards.
2. Drawings. Record drawings are to be submitted to the City Engineer prior to the governing utility connecting the street lights to power.
3. Street Light Wiring. All street-light wiring installed in the City of Rexburg right-of-way shall be installed in electrical conduit according to the currently adopted National Electrical
Code for direct burial.
Owned by City of Rexburg. This standard shall only apply to wiring that is owned by or proposed to be owned by the City of Rexburg, including but not limited to the wiring after the
first point of disconnect, typically an over current protection device.
Fusing, Junction Boxes, etc. Fusing, junction boxes and related work shall be done to comply with the requirements of the City of Rexburg and the governing utility.
No Foreign Systems. No other foreign systems such as water piping or irrigation shall be in the same conduit as power wiring.
New Conduit. All new conduits installed shall also be located by a City official prior to backfilling any trenching.
Poles. Any pole installed shall have a grounding electrode installed at each point of disconnect location in addition to an equipment grounding conductor of sufficient size to meet
code.
Size. Sizes of conduit shall also be no less than one (1”) inch to each pole light, unless larger required by current National Electrical Code. No less than two (2”) inch size to feed
more than fifty (5) feet between poles or junction boxes.
MAJOR ARTERIAL
Permits rapid and relatively unimpeded traffic movement throughout the city to carry high volumes of inter and intra traffic which connects the major land use elements, as well as,
communities with one another. The major function is to serve through traffic and secondary function is to serve abutting property.
*Major Arterial streets are shown on the approved Transportation Plan.
ALIGNMENT
GRADES
Horizontal: 700’ minimum radius at centerline,
930’ preferred
Vertical: Minimum length =
K * (algebraic difference in rate of grade)
0.3%-0.6%
*0.7% may be considered for unique, short distances.
INTERSECTIONS
PLANNING
Intersections will be “T” type at grade design unless prior approval is obtained from the City Engineer
Intersections shall be no less than specified by IDAPA 39.03.42.
Median Cuts. Median cuts will not normally be permitted except at major or significant street intersections as approved by City Engineer.
Should be spaced approximately one (1) mile apart in suburban areas and a few blocks apart in areas of high population density and intense land usage.
Should not bisect neighborhoods but act as boundaries between them.
Abutting Properties. Abutting properties shall not face on the roadway unless separated from it by a frontage road.
Bicycle. On-street bicycle travel is not allowed unless no alternative routes are available.
CURB, GUTTER, SIDEWALK
Curbs, gutter, and sidewalks required per current City Engineering Standards
PARKING
On-street parking prohibited
PAVING
Determined by a full soils investigation, traffic study, and a pavement design completed by an engineer licensed in state of Idaho and approved by City Engineer.
TRAFFIC CONTROL
Traffic control devices and channelization
MINOR ARTERIAL
Permits rapid and relatively unimpeded traffic movement throughout the City and carry high volumes of inter and intra traffic which connects the major land use elements
ALIGNMENT
GRADES
Horizontal: 700’ minimum radius at centerline
Vertical: Minimum length =
K * (algebraic difference in rate of grade)
0.3% - 0.6%
*0.7% may be considered for unique, short distances;
Flatter slopes may be approved.
ACCESS
PLANNING
Intersections will be “T” type at grade design unless prior approval is obtained from the City Engineer
Intersection and curb cuts shall be limited
Spaced approximately one (1) mile apart in the suburban areas of the City to a few blocks in areas of high population density and intense land usage.
Should not bisect neighborhoods
Bicycle. Utilitarian bicycle travel can be accommodated with fourteen (14’) travel lanes on designated streets.
Intersections will be “T” type at grade design unless prior approval is obtained from the City Engineer
Intersection and curb cuts shall be limited
Spaced approximately one (1) mile apart in the suburban areas of the City to a few blocks in areas of high population density and intense land usage.
Should not bisect neighborhoods
Bicycle. Utilitarian bicycle travel can be accommodated with fourteen (14’) travel lanes on designated streets.
CURB, GUTTER, SIDEWALK
Curbs, gutter, and sidewalk required as per City Engineering Standards
PARKING
On-street parking prohibited
TRAFFIC CONTROL
Traffic control devices and channelization
RESIDENTIAL COLLECTOR
Designed to serve the local needs of the neighborhood and provide direct access to abutting properties. All should have an origin or a destination within the neighborhood.
ALIGNMENT
GRADES
Horizontal: 300’ - 450’ radius at centerline
Vertical: Minimum length =
K * (algebraic difference in rate of grade)
0.3% - 0.7%
ACCESS
PLANNING
Direct access to residential properties by way of curb cuts
Intersections are at grade
Should be designed to discourage through neighborhood traffic
Curvilinear and loop streets are desirable
Bicycle. Bike travel can be accommodated with 14’ outside travel lanes
CURB, GUTTER, SIDEWALK
Sidewalks will be detached from a standard approved curb and gutter section, with location and width according to current City Engineering Standards.
PARKING
On-street parking allowed on both sides of the street unless otherwise directed by the City Engineer
RESIDENTIAL STREET
Designed to serve the local needs of the neighborhood and provide direct access to abutting residential properties. All traffic should have an origin or destination within the neighborhood.
ALIGNMENT
GRADES
Horizontal: 200’ radius at centerline
Vertical: Minimum length =
K * (algebraic difference in rate of grade)
0.3% - 0.7%
ACCESS
PLANNING
Intersections are at grade.
Direct access to abutting properties by way of curb cuts or drive-overs (ramp-type) curbing is allowed.
Designed to minimize through traffic
Curvilinear and loop streets are desirable
In subdivision design, streets are discouraged from intersections with major and secondary arterial streets
CURB, GUTTER, SIDEWALK
Sidewalks will be detached and separated by a planter strip in compliance with current City Engineering Standards.
PARKING
On-street parking allowed on both sides of the street
RURAL RESIDENTIAL
Provide direct access to abutting single-family residential properties or cul-de-sacs having a length of no greater than six-hundred (600’) feet.
ALIGNMENT
GRADES
Horizontal: 150’ minimum radius at centerline
Vertical: Minimum length =
K * (algebraic difference in rate of grade)
0.4% - 0.7%
*Grading plans are required to be approved by City Engineering Department.
ACCESS
PLANNING
Intersections are at grade.
Direct access to residential properties is allowed.
Designed as a short loop or cul-de-sac street only.
Should not intersect major arterial streets
CURB, GUTTER, SIDEWALK
See current City Engineering Standards; Sidewalks should be detached
PARKING
On-street parking may or may not be allowed on either side of the street
PAVING
A pavement width of thirty-four (34’) feet is allowed on minor rural residential streets which contain no more than fifty (50) single-family lots. (See current City Engineering Standards.)
STORMWATER
Storm water management is to be designed to maintain the drainage upon each lot.
INDUSTRIAL/COMMERCIAL STREET
Designed to serve facilities within industrial commercial areas and to connect such areas with major arterial and collector streets
ALIGNMENT
GRADES
Horizontal: 300’ radius at centerline
Vertical: Minimum length =
K * (algebraic difference in rate of grade)
0.3% - 0.6%
ACCESS
PLANNING
Direct access to abutting commercial properties by way of curb cuts
Intersections are at grade (0.5% minimum)
Only local industrial commercial traffic should be encouraged
CURB, GUTTER, SIDEWALK
Sidewalks will be detached from the curb where required
PARKING
On-street parking may be permitted on both sides of the street
PRIVATE STREET
Serve facilities within industrial commercial areas and to connect such areas with major arterial and collector streets
ALIGNMENT
GRADES
Horizontal: 300’ radius at centerline
Vertical: Minimum length =
K * (algebraic difference in rate of grade)
0.3% - 0.6%
ACCESS
PLANNING
Direct access to abutting commercial properties by way of curb cuts
Intersections are at grade (0.5% minimum)
Only local industrial commercial traffic should be encouraged
CURB, GUTTER, SIDEWALK
Sidewalks will be detached from the curb where required
Construction of sidewalks or pedestrian pathways is required to adequately provide for safe access.
PAVING
All private streets are required to be paved.
Streets serving commercial or residential subdivisions are to be paved to a minimum pavement width of twenty-six (26’) feet if on-street parking permitted and thirty-nine (39’) feet
if on-street parking is not allowed
PARKING
On-street parking may be permitted or not
STORMWATER
Adequate site drainage must be developed on-site and no storm water will be allowed to discharge onto a public right-of-way
11.05.120. Traffic Studies
Traffic studies may be required to adequately assess the impact of a proposed development on the existing and/or planned transportation system.
Triggers.
For nonresidential development proposal when trip generation during the peak hour is expected to exceed one hundred (100) vehicles.
Residential development with one hundred (100) or more dwelling units.
Annexation. For an application for annexation into the City.
Density. A new traffic study will be required, if after submitting the original traffic study, the land use density increases by more than fifteen (15%) percent.
Master Plan or Development Plan Submittal
Preliminary or Final Plat. For a preliminary or final plat if the property has already been rezoned for the proposed use and no traffic study was required for the rezoning, or the original
traffic study is more than two (2) years old.
Pre-Application Conference.
Sufficient Information. If the City Engineer is provided sufficient information to determine whether the trip generation/dwelling unit criteria has been met, the applicant will be notified
a traffic study will be required.
Insufficient Information. If insufficient information is available, but the property appears to involve a sufficiently intense land use, the applicant will be informed that a traffic
study may be required.
Prior to building permit. Before a building permit, if the property has already been zoned/platted and no previous traffic study less than two (2) years old exists.
State Highway Access. For any change of use affecting State Highway Access including new site access or additional access for an existing use is being requested prior to issue of a
building permit.
Process.
Responsibility of the applicant.
License & Experience. Traffic study must be prepared by a professional, Transportation Engineer licensed in the State of Idaho with adequate experience in transportation planning.
City Engineer Review. All studies must be reviewed by the City Engineer before acceptance.
Prior to Starting Traffic Study. Professional Transportation Engineers are encouraged to discuss projects with the City Engineer prior to starting the study. This should provide a
firm base of cooperation and communication between the City, the owner or developer and his consultant in creating traffic characteristics that are in the best interest of the total
community.
Format. All traffic studies shall contain, as a minimum, the following information:
Trip Generation Table. A summary table listing each type of land use, the units involved, the general rates used, and the resultant trip generation (total traffic and AM/PM peaks).
Site Plan and Vicinity Map. A site plan that shows the locations of each proposed land use, and a vicinity map that shows the site in relation to the surrounding transportation system.
Existing and Projected Traffic Volume Graphics should show:
A.M. peak hours’ site traffic (in and out) including turning movements
P.M. peak hours’ site traffic (in and out) including turning movements
A.M. peak our total (in and out) including turning movements for current conditions and 20-year projections or build out.
P.M. peak hour total traffic (in and out) including turning movements for current conditions and 20-year build out.
4. Total Daily Traffic Counts. All total daily traffic counts should be actual machine counts and not based on factored peak hour sampling.
5. Possible Use of ITD Counts. Latest available machine count from the Idaho Transportation Department (ITD) and other agencies may be acceptable if taken within a reasonable time period.
6. Accepted Traffic Patterns. All traffic shall be assigned to existing and planned facilities in a manner consistent to the accepted traffic patterns and approved by the City Engineer.
Critical Lane Capacity Analysis. A critical lane capacity analysis should be conducted for all major driveways that intersect local, collector, or arterial streets, and all adjacent
local, collector, and arterial intersections.
Both a.m. and p.m. peak hours should be tested to determine the critical movements unless the proposed land use generates significantly greater traffic volumes in either peak hour or
at midday.
Pedestrian movements should also be considered in the evaluation.
Capacity calculations should also include an analysis for 20th year projections or build-out conditions.
The appropriate forms for capacity analysis calculations shall be used.
Design Hours Volumes. Site design hour volumes approximating the peak hour volumes used to determine public improvements will be estimated, using one of the following:
Existing traffic volume counts
Peak hour trip generation rates as published in the ITE Trip Generation Summary
A professionally recognized and accepted study for uses of development and generation rates.
Level of Service. Level of service C shall be the design objective and under no circumstances will less than level of service D be accepted for site and non-site traffic. The design
year will be approximately 20 years following construction or build out.
Reciprocal Parking. Traffic studies for planning applications where reciprocal parking is contemplated will be required to include parking accumulation studies for existing facilities
similar to proposed uses.
Revisions to traffic study. Revisions to the traffic study shall be provided as required by the City Engineer. The need to require revisions shall be based on the completeness of the
traffic study with the proposed access and development plan.
Traffic Accidents. Traffic accident data for affected street corridors may be required for the study. In this case, estimates of increased or decreased accident potential shall be
evaluated for the development.
Traffic Counts. All traffic count data (including hourly ADT and peak hour turning movements) and analysis worksheets should be provided in the appendices.
Trip Assignment. Non-generated pass by traffic reductions in generation volume may be considered if applicable. All estimates of trip distribution, assignment, and modal split are
subject to review by the City Engineer.
Trip Generation Guide where Appropriate. In the event that data is not available for the proposed land use, the City Engineer shall approve estimated rates prior to acceptance.
Trip Generation Rates. Trip generation shall be calculated from the latest data contained within the Institute of Transportation Engineers.
m. Traffic Signals. Traffic progression is of paramount importance.
All potential signalized intersections should be planned for 0.5 mile intervals.
All other locations to be considered shall meet the following criteria:
Submittal of a time space diagram with acceptable through bands, cycle lengths, and progression speeds.
Deviations. In areas that may affect established, complex, computerized progressions, any deviation shall be thoroughly addressed and approved by the City Engineer.
Time for side-street traffic must be sufficient for side-street volumes.
SECTION 6: SPECIAL DEVELOPMENTS
This section identifies types of special developments that normally pose special concerns to the Commission and the Council. In this section, requirements and design standards shall
be taken into consideration when proposing developments. This provisions of this section are in addition to other applicable requirements of this ordinance.
11.06.010. Condominium
Definition. A building or complex of buildings containing a number of individually owned apartments or houses, but the land, buildings, and common areas are owned and regulated by a
homeowner’s association.
Yard Requirements. The City may consider a condominium development as a single building, requiring one (1) front yard, two (2) side yards, a rear yard, and other regulations pertinent
to a given lot.
Platting Requirements. The sub-divider shall provide the Commission with a preliminary plat, elevations, perspective drawings and such other illustrated information at adequate scale
to show the proposed development that will include at least the following:
All information required for a subdivision preliminary plat
Architectural styles and building design concept
Architectural materials and color
Type of landscaping
Screening, if proposed
Type of solid waste facilities
Parking concept
Open space areas
Storage areas and enclosures
Final Plat. A final plat shall be prepared and approved that meets all other requirements of the subdivision platting of this ordinance.
Control During Development. Single ownership and control during development shall be required and a time limit may be imposed to guarantee the development is built and constructed as
planned.
Home Owners Associations. Home Owners Association by-laws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities
or open space, shall be approved by the Commission. Any and all power as specified in such agreements may be required to also be assigned to the jurisdictional agency to insure continued
and adequate maintenance of all such common areas, recreational facilities and open spaces, to assess properties for delinquencies, and to enforce motor vehicle speeds to the interest
of the owners involved and of the general public.
Open Space. The location of open space shall be appropriate to the development and shall be of such shape and area to be useable and convenient to the residents of the development.
Maintenance Building. A maintenance building or facility shall be provided. The size and location of the facility is to be determined by the type and service needed for the necessary
repair and maintenance of all common areas and facilities.
Storage Areas. Storage areas may be required for the anticipated needs of boats, campers, and trailers. For a typical residential development, one hundred (100) square feet of space
shall be provided for every
living unit. This may be reduced by the Commission if there is a showing that the needs of particular developments are less.
Private Streets. (See 11.05.110.) Private street construction standards shall be based upon requirements set by the City Engineering Standards. Adequate construction standards may
vary on the size of the development and the demands placed on such improvements. All private streets shall be constructed of adequate width for fire and sanitation services
Parking Space
Parking for the proposed development will be as required by the zone in which the proposed development is to be constructed.
Guest. One (1) additional parking space beyond that which is required by the zoning ordinance may be required for every three (3) dwelling units to accommodate visitor parking.
Public Improvements - Unless accepted by the provisions of this ordinance, the Commission and Council shall require the installation of public improvements and utilities for condominium
projects.
Council - The Council may regulate and attach conditions to the design concepts and location of buildings, the creation, shape and size of condominium units, the provisions and maintenance
of open space, off-street parking, and other related provisions as determined.
11.06.020. Subdivision within a Floodplain
Buildings planned within the floodplain or alterations of any kind anticipated with the floodplain area that may alter the flow of water.
Justification. Sub-divider shall demonstrate conclusively that such development will not present a hazard to life or limb, be hazardous to property, create adverse effects on the safety,
use, or stability of a public way or drainage channel, or have an adverse impact on the natural environment. All subdivision proposals shall be consistent with the need to minimize
flood damage.
Approval.
Approval from the Idaho Department of Water Resources and the Corps of Engineers shall be obtained prior to any wetland modifications of channel changes.
No subdivision or part thereof shall be approved if levees, fills, structures, or other features within or required by the proposed subdivision will individually or collectively increase
flood flows, heights, or damages.
If only part of a proposed subdivision can be safely developed, development shall be limited to that part and the City shall require development to proceed consistent with determination.
c. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed development
which contain at least 50 lots or 5 acres (whichever is less).
d. Submittal Requirements
Proposed development plan of adequate scale
In addition, to subdivision requirements, or any proposed subdivision that is fully or partially located within a floodplain, the sub-divider shall provide the Commission with supporting
documentation for the following additional information to show and explain:
All drainage ways
An Engineering Hydrologic and Hydraulic Report that identifies the Flood Way
Any planned rerouting of waterways
Areas of frequent or intermediate flooding
Elevations or designated flood water
If the development plan requires a structure or fill to be placed within the Flood Way, then the report must identify how the Flood Way and the Floodplain are effected both upstream
and downstream.
Means of flood-proofing buildings
Means of insuring loans for improvements within the flood plain
The location of designated Floodplain
Existing Residential Structures. Residential structures within the floodway shall have the lowest floor (including basement) elevated at least two (2’) above the level of the one-hundred
(100) year flood.
New Construction and Non-Residential Structures. For new construction or substantial improvements of non-residential structures, the lowest floor (including basement) shall be elevated
at least two (2’) above the one-hundred (100) year flood level, or together with attendant utility and sanitary facilities, shall be flood-proofed up to the one-hundred (100) year flood
level.
Flood-Proofing
Flood-proofing plans must be individually approved by the Council upon recommendations from the Commission before such uses are constructed. Flood-proofing may be included but not be
limited to the following:
Drainage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
a) Control on Drains. Installation of valves or controls on sanitary and storm drains which permit the drains to be closed to prevent backup of sewage and storm waters into building
or structures
Electrical. Location and installation of all electrical equipment, circuits and electrical applications so that they are protected for inundation by the regulatory flood
Public Utilities. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
Storage. Location of storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety, and
welfare at elevations associated with the regulatory protection elevation.
Walls. Reinforcement of walls to resist anticipated hydraulic loads
Water. Construction of water supply and wastewater systems to prevent the entrance of flood water.
Commission Consideration. In determining the appropriateness of the subdivision for land located within a floodplain, the Commission shall consider the objectives of this ordinance,
and at least the following:
Available Locations. Availability of location not subject to flooding for proposed subdivisions and land uses
Services. Importance of the services provided by the proposed facility to the community
Compatibility. Compatibility of the proposed uses with existing developments and anticipated developments.
Comprehensive Plan. The relationship of the proposed subdivision to the Comprehensive Plan.
Flood Plan. Relationship of the proposed subdivision to the flood plan management program for the area.
Expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site
Susceptibility of the proposed facility and its contents to flood damage and effect of such damage on the individual owner
Water Front Requirements. Requirements of the subdivision for a water front location
6. Services
Adequacy of proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions under flood conditions
Costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water
systems, and streets and bridges.
Safety of access to the property for emergency vehicles in time of flood
7. Danger
Danger that intended modifications may cause on downstream properties of to the injury of others
Danger to life and property due to the increase flood heights or velocities caused by subdivision fill, roads, and other intended modifications.
11.06.030. Subdivision for a Cemetery
Submittal Requirements
The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural platting requirements
and management requirement outlined in Title 27, Idaho Code.
Type. The developer shall provide the Commission with written documentation that will sufficiently explain if the proposed cemetery will be used for either human or animal remains or
the functions that are anticipated on the property.
11.06.040. Areas of Critical Concern
The development of any properties located in a hazardous or unique area that has previously been designated as an area of critical concern by the Council, as provided by Idaho Code.
Definition - Such areas of critical concern are designated by the Council, through due process such as follows:
Floodplains
Hillside subdivisions
Historical significance area
Scenic areas
Unique animal and wildlife habitat
Unique plant life habitat
Unstable soils
Other areas of critical concern
Submittal Requirements
Idaho Code demands that special consideration be given by the sub-divider to assure that the development is necessary and desirable in the public interest in view of the existing unique
conditions.
1. Preliminary plat application
2. The sub-divider shall prepare and submit an Environmental Assessment Document prepared by a team of professionals to answer the following questions:
What environmental impacts will probably occur as a result of the proposed development? (Example: wildlife, plant life, social, economic, physical, etc.)
What corrective action or alternative plans could be developed, so as not to significantly cause detrimental environmental impact?
What adverse effects of the proposed development cannot be avoided?
INTENTIONALLY LEFT BLANK
CHAPTER 12: MANUFACTURED/MOBILE HOMES
*All Zoning Standards apply. (See 3.01-3.06)
SECTION 1
12.01.010. Purpose and Objectives
12.01.020. Definitions
12.01.030. New Units
12.01.040. Skirting
12.01.050. Wheels
12.01.060. Location
SECTION 2: COMMUNITY
12.02.010. Building Permit after Location Approval
12.02.020. Accessory Buildings
12.02.030. Density Requirements
12.02.040. Parking
12.02.050. Conditional Use Permit
12.02.060. Land Area
12.02.070. Recreation Area
SECTION 1
12.01.010 Purpose and Objectives
This chapter establishes minimum standards and requirements for the occupation of manufactured homes and for the construction and operation of manufactured home communities. It is concerned
with the relationship of the manufactured home to adjacent land uses in order to protect and secure the public health, safety and general welfare of the City of Rexburg.
a. Objective. The regulations in this chapter are intended to provide a stable, healthy environment, together with the full range of services, for those residents in Manufactured/Mobile
Homes on a permanent or temporary basis.
b. Safety Inspections. Must meet all safety inspection requirements.
12.01.020 Definitions
a. Mobile home (defined under I.C. 39-4105(9)):
1. A factory-assembled structure or structures constructed PRIOR to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit
or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation.
2. Size. The term "mobile home" means forms of housing known as "trailers", "house trailers", or "trailer coaches" exceeding (8’) feet in width or forty-five (45’) feet in length, designed
to be moved from one place to another by an independent power connected to them, or any trailer, house trailer, or trailer coach up to eight (8’) feet in width or forty-five (45’) feet
in length used as a principal residence.
b. Manufactured home:
1. A manufactured home is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.
a) Not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site,
b) Does not have permanently attached to its body or frame any wheels or axles,
c) Includes the plumbing, heating, air conditioning, and electrical systems contained therein.
2. Size. A manufactured home is transportable in one (1) or more sections, which, in the traveling mode, is eight (8’) body feet or more in width or is forty (40’) body feet or more
in length, or when erected on site, is three-hundred-twenty (320) or more square feet.
3. Exception. Any structure which meets all the requirements of this subsection except the size requirements and the manufacturer voluntarily files a certification required by the Secretary
of Housing and Urban Development and complies with the standards established under 42 U.S.C. section 5401 et seq.
The following terms are defined in Chapter 2:
Access Way
Awning
Building
Building, Detached
Building, Nonconforming
Carport
Flood Area, Gross
Mobile Home, Rehabilitated
Ramada
Stand
12.01.030. New Manufactured Housing Units
New manufactured housing units are permitted (with a Conditional Use Permit (CUP) in some zones) in the HDR, MDR and LDR2-3, RR1-2, and TAG1-2 zones on individual lots under specific
conditions.
Manufactured/Mobile Home Conditions.
Width. The home shall be at least twenty-four feet (24') in width.
Roof. It shall have a none-glare, wood shake, or asphalt roof with a minimum slope of 3/12 and a minimum six (6") inch eaves.
Exterior Siding. The home shall have an exterior siding that is residential in character, including but not limited to clapboards, simulated clapboards such as conventional vinyl or
metal siding, or similar material. The siding shall not be composed of smooth, ribbed, or corrugated metal or plastic panels.
Foundation. The home shall be placed on a permanent foundation that complies with the Building Code for residential structures.
The hitch, axles, and wheels must be removed, and the foundation, and foundation fascia must be similar in appearance and durability to the masonry foundation of site built buildings.
Mobile homes that do not meet the conditions immediately above, are also permitted in established or approved mobile home courts and mobile home subdivisions.
12.01.040. Skirting
Skirting of Manufactured/Mobile Homes is required, but such skirting shall not attach the Manufactured/Mobile
Home permanently to the ground or create a fire hazard.
12.01.050 Wheels
Removing the wheels of a Manufactured/Mobile Home or setting the Manufactured/Mobile Home on posts or footing shall not make the Manufactured/Mobile Home exempt from the requirements
of this chapter.
Mobilize. The wheels of the Manufactured/Mobile Home may be removed, but no axles, springs, and other equipment needed to mobilize.
Jacks or Stabilizers. Jacks or stabilizers may be placed under the frame of the Manufactured/Mobile Home to prevent movement on the springs while the Manufactured/Mobile Home is parked
and occupied.
12.01.060 Location
Industrial Zones. Manufactured/Mobile Homes used for residential quarters for watchmen or caretakers and located on the premises of an industrial establishment in any industrial zone
shall be permitted.
Manufactured/Mobile Housing Community. It shall be unlawful to maintain a Manufactured/Mobile Home for residential purposes outside a Manufactured/Mobile Housing Community. Such prohibition
shall apply regardless of whether the parking site shall be on private or public premises, streets, alleys, or highways.
Residential. Manufactured/Mobile Homes with a width greater than twenty-four (24’) feet which meet the definition on masonry foundations shall be permitted for residential purposes
as per the Rexburg Development Code.
SECTION 2: MANUFACTURED/MOBILE HOUSING COMMUNITY
12.02.010 Building Permit after Location Approval
No building permit shall be issued for construction of a new Manufactured/Mobile Home Community or expansion of an existing Manufactured/Mobile Home Community in any district until the
proposed location is approved with the stipulations of the approval stated therein.
12.02.020 Accessory Buildings
Structures located in any Manufactured/Mobile Home space shall be limited to a storage building, ramada or carport. The storage structure, ramada or carport may be combined as one structure.
“Structure Additions” includes the construction of awnings, patio covers, or cabanas adjacent to a Manufactured/Mobile Home.
Unattached. No structural additions shall be built onto or become a part of any Manufactured/Mobile Home, and no Manufactured/Mobile Home shall support any building in any manner.
No Building Permit Required. Lightweight awnings, ramadas, and other lightweight structures and additions are allowed without a building permit.
Less than 200 sq. ft. Accessory buildings that are less than two hundred (200) square feet do not require a building permit.
d. Building Permit Required. All other structures will require a building permit. (e.g., those attached to the home, those occupied on a daily basis, porches with covers, and any
structure or addition which requires a railing.)
12.021.030 Density Requirements
In no event shall the density exceed eight (8) mobile homes per gross acre without the acquisition of a Conditional
Use Permit allowing said density to be increased.
Density requirements shall be established as the minimum square footage of gross site area for each Manufactured Home.
Streets. If it is determined by the City of Rexburg staff that a street widening or terminating dedication is necessary, the amount of land dedicated shall be subtracted from the gross
site area when calculating the proposed density.
12.02.040 Parking
Unoccupied Manufactured/Mobile Home. Parking of unoccupied Manufactured/Mobile Homes is prohibited on public premises, streets, alleys, or highways, at all times, except for emergency
purposes.
Parking Space Requirements
Size. There shall be two (2) vehicle parking spaces at least nine feet by twenty feet (9' x 20') in size for each Manufactured/Mobile Home space.
Access. Such space shall have a clear and unobstructed access to an access way. Any parking in the access way shall not fulfill this requirement.
Visitor Parking. Ten (10%) percent visitor parking shall be required.
Tandem Parking. Tandem parking is allowed with Zoning Administrator or designee approval.
12.02.050 Conditional Use Permit
Application Submittal.
Application. Applicant shall fill out an application for a Conditional Use Permit to construct a new Manufactured/Mobile Home Community or to expand an existing Manufactured/Mobile
Home Community.
Site Plan. Four (4) copies of the site plan of the proposed community shall be submitted with the application containing the following information:
General Layout. The site plan should show the general layout of the entire Manufactured/Mobile Home Community.
Compass or North Arrow. North orientation of the site plan.
Community Boundary & Dimensions. Boundaries and dimensions of the Manufactured/Mobile Home Community.
Drafter or Engineer. Name of the person who prepared the site plan.
Electrical. Electrical Systems for the development and connection details for each pad.
Fire Hydrants. Location of fire hydrants.
Garbage. Location and screening of all garbage dumpsters.
Lighting. Location and detail of all lighting fixtures for streets and spaces.
Patio Construction Details.
Proposed Name. Name of the Manufactured/Mobile Home Community and address.
Existing & Proposed Structures. Location and dimensions of all existing or proposed structures.
Recreation. Location and size of all proposed recreation areas and buildings. Show details.
Roads & Sidewalks. Location and width of roads or access ways. Road and sidewalk construction details.
Scale. The site plan should be drawn to a scale not smaller than one (1”) inch representing forty (40’) feet.
Screening. Location and type of landscaping, planting, fence, wall, or combination of any of these or other screening materials.
Spaces. Location and dimensions of each Manufactured/Mobile Home space.
Storm drainage system details.
Swimming pools. Swimming pools require a building permit with detailed plans and District Health Department approval.
Typical Space. Enlarged site plan of a typical Manufactured/Mobile Home space, showing location of the pad, parking area, patio, storage space, sidewalk, utility connections and landscaping.
Vicinity Map. Vicinity map showing relationship of Manufactured/Mobile Home Community to adjacent properties including the names of the contiguous owners.
Walkways. Location and width of walkways.
Water & Wastewater. Location and details of the proposed water and wastewater systems for the manufactured/Mobile Home Community.
Water & Sewer. Water and Sewer systems designed and signed by an Idaho registered engineer. The detailed plans shall show how connections are to be provided to each pad and how the
water and sewer connections will be protected from freezing.
Management policies, covenants and restrictions. A draft of the proposed management policies, covenants, and restrictions shall be submitted with the application.
Maintenance procedures. A draft of the proposed maintenance procedures shall be submitted with the application.
Commission Hearing. At the time of the public hearing, the planning Commission may give tentative approval of the use of the proposed location for Manufactured/Mobile Home Community
purposes.
Final Approval. Final approval of said use shall be contingent upon the submission of acceptable detailed site plans of the proposed Manufactured/Mobile Home Community development as
required by the City Development Code.
12.02.060 Access
All public streets shall be constructed per current City Engineering Standards. Accesses shall have the following minimum pavement widths if the streets are privately owned and maintained:
Pavement Widths.
Public Street Access. A Manufactured/Mobile Home Community shall not be established on any site that does not have access to a public street on which the potential paving width is less
than forth (40’) feet.
Entrance Street and collectors with guest/community parking on both sides shall be no less than forty-four (44’) feet with curb and gutter.
Collector Streets.
a) Parking on 1 Side. Collector streets with parking on one side shall be no less than thirty-six (36’) feet wide.
b) No Parking. Collector streets with no parking shall be no less than twenty-four (24’) feet.
Minor Street. Minor Streets with no parking shall be no less than twenty-four (24’) feet
Cul-de-Sacs.
Radius Minimums. Cul-de-sacs shall have a minimum radius of no less than thirty-five (35’) feet with no parking and forty-five (45’) feet with allowed parking and shall be no less than
twenty-four (24’) feet wide.
Roadway Surfacing. Roadways within access ways and sidewalks shall be paved with a gravel base and asphaltic or concrete surfacing according to structural specifications established
by the City Engineer.
12.02.070 Buffering
A sight-obscuring fence or wall of not less than six (6’) feet nor more than eight (8’) feet in height, and and/or evergreen planting of not less than six (6’) feet in height, shall
surround the Manufactured Home Community.
Other considerations such as berms, deciduous bushes, or other landscaping options may be allowed as approved by the City of Rexburg Design Review Committee. As approved by Design Review
Board.
12.02.080 Electricity
Compliance
Idaho Electrical Code. All electrical conductors, wiring, and equipment as it applies to Manufactured/Mobile Home Communities shall comply with the current State of Idaho (Division
of Building Safety) adopted version of the National Electrical Code and the remaining portions of the currently adopted National Electrical Code as it applies.
City Ordinances. All electrical conductors, wiring, and equipment within the Manufactured/Mobile Home Community shall comply with the ordinances of the City of Rexburg, Idaho.
Electrical Outlets. An electrical outlet supplying at least two-hundred (200) amps shall be provided for each Manufactured/Mobile Home space. Such electrical outlets shall be weatherproof.
Volts. Electrical outlets shall be provided at each Manufactured/Mobile Home space supplying voltages of 240 volts and 120 volts nominal.
Conductors and Cabling. No energized conductors or cabling shall be permitted to lie on the ground, or be suspended less than fifteen (15’) feet above the ground.
Lights. All driveways, access ways, and walkways within the Manufactured/Mobile Home Community shall be lighted at night (from one hour after sundown to one hour before sun up) with
electrical lamps of not less than three-hundred (300) lumen output, each spaced at intervals of not more than one-hundred
(100’) feet.
Underground Wiring. Wires for service to light poles and Manufactured/Mobile Home spaces shall be underground.
12.02.090. Improvement Requirements
Drainage Requirements. The Manufactured/Mobile Home Community shall be well drained. Provisions for drainage shall be made in accordance with plans approved by the City Engineer.
Mail Delivery Facilities. Each Manufactured/Mobile Home site shall be equipped with a receptacle for mail deliveries in accordance with standards recommended by the local postmaster.
Manufactured/Mobile Home Stand Surfacing. Manufactured/Mobile Home Stands shall be paved with asphalt or concrete surfacing or with crushed rock contained within concrete curbing or
pressure-treated wooded screens.
Patios and Decks. Patios may be paved with asphalt, concrete, or suitable hard surfaced material or if decks are used, they shall be of durable, safe construction.
12.02.100 Land Area
The minimum parcel of land to be used for Manufactured/Mobile Home Community purposes shall contain not less than four (4) acres.
12.02.1100 Recreation Area
A minimum of eight (8%) percent of gross Manufactured/Mobile Home area shall be reserved for recreation.
Location. The recreation area may be in one (1) or more locations in the community.
Area. At least one (1) recreation area shall have a minimum size of five thousand (5,000) square feet
Shape. The shape of the recreation areas should be such to make it usable for its intended purpose.
12.02.120 Setbacks
Manufactured Home Parks shall observe the following setbacks between Manufactured/Mobile Home Stands and development boundary lines:
Residential or Agriculture. When abutting any residentially or agriculturally zoned property fifteen (15’) feet.
Commercial. When abutting commercially zoned property setbacks shall be ten (10’) feet.
Street. The setback from any abutting street shall be at least twenty-five (25’) feet.
12.02.130 Sign Regulations (See 3.5.)
In addition, adequate signs and marks indicating direction, community areas, recreation areas, and street names shall be established and maintained in the Manufactured/Mobile Home Community.
12.02.140. Space Required Between Manufactured/Mobile Homes
Minimum space requirements between Manufactured/Mobile Home stands:
End to end, fourteen (14’) feet;
Side to side, twenty (20’) feet;
Temporary or permanent structures situated in one (1) space shall be separated by at least ten (10’) feet from temporary or permanent structure or Manufactured/Mobile Homes in an adjoining
space;
Distance from the sidewalk to a stand, five (5’) feet.
12.02.150. Walkways
Walkways shall be provided from each Manufactured/Mobile Home space to the service building and recreational area or areas, and from the patio to the access way.
Common. Common walkways shall have a minimum width of four (4’) feet
Private. Private walkways shall have a minimum width of two ((’) feet.
SECTION 3: HEALTH AND SANITATION
12.03.010 Wastewater Management
Manufactured/Mobile Home Community wastewater management systems shall be connected to the city collection system and comply with State and Local plumbing laws and regulations.
Connection. Each Manufactured/Mobile Home space shall be provided with at least a four (4") inch sewer connection.
Fittings. The sewer connection shall be provided with suitable fittings so that a watertight connection can be made between the Manufactured/Mobile Home drain and sewer connection.
Closure. Such individual Manufactured/Mobile Home connections shall be so constructed that they can be closed when not connected to a Manufactured/Mobile Home, and shall be trapped
in such a manner as to maintain them in an odor free condition.
Wastewater Metering System. Determination of the amount of wastewater discharged to the city shall be determined by the average winter water usage as determined by the facility water
metering system.
12.03.020 Water Supply System
An accessible, adequate, safe and potable central supply of water shall be provided in each Manufactured/Mobile Home Community.
Backflow. The water supply system shall be protected from back flow as required by the city’s back flow protection ordinance.
The use of ordinary stop and waste valves where back flow can occur into the potable water system are prohibited.
City Water. The proposed facility shall be connected to the city water system unless special conditions granted by the city allow for a local community system.
Connections. Individual water service connections which are provided for direct use by the Manufactured/Mobile Homes shall be so constructed that they will not be damaged by the moving
of the homes.
Isolated. Connections are to be constructed and isolated so that they will not freeze if they are connected to a home or not.
Fire Protection. The water supply system shall be able to provide fire protection as required by local codes and ordinances. Fire hydrants shall be located as required by the Uniform
Fire Code as adopted by
the city.
Maintenance. The water system within the facility is to be maintained by the owner of the facility and shall be operated in accordance with existing laws.
Meter. The water system for the Manufactured/Mobile Home facility shall be metered at the connection to the city system or as determined by the City Engineering Department.
Piping. All water piping shall be constructed and maintained in accordance with State and Local law.
Water Mains. The design and extension of water mains shall conform to existing city requirements.
12.03.030 Refuse Management Intent
The storage, collection and disposal of refuse in the community shall be so as to create no health hazards, rodent harborage, insect breeding areas, accident hazards or air pollution.
12.03.040. Refuse Containers
All refuse shall be stored in fly tight, watertight, rodent proof containers which shall be located not more than one hundred fifty (150') feet from Manufactured/Mobile Home space.
They shall be provided in sufficient number and capacity to prevent any refuse from overflowing.
Dumpsters are to be enclosed as per the requirements of the City Development Code.
12.03.050. Fire Protection Requirements
The community area shall be subject to the rules and regulations of the Rexburg City Fire Department.
Manufactured/Mobile Home Community areas shall be kept free of litter, rubbish, and other flammable materials.
Fires shall be made only in stoves, incinerators and other equipment intended for such purposes.
No open fires shall be permitted in any Manufactured/Mobile Home community in any place where the same shall endanger life or property.
12.03.060. Liquefied Petroleum Gas Restrictions
Liquefied petroleum gas for cooking purposes shall not be used at individual home spaces unless the containers are properly connected by copper or other suitable metallic tubing.
Liquefied petroleum gas cylinders shall be so fastened in place, and shall be adequately protected from the weather.
No cylinder containing liquefied petroleum gas shall be located in a Manufactured/Mobile Home nor within five (5’) feet of a door thereof.
INTENTIONALLY LEFT BLANK
APPENDIX A: LAND USE MAPS
Appendix
The current Rexburg Zoning Map can be found at the follow web address: Zoning: http://madison.rexburg.org/Html5Viewer2.4/?viewer=public
Click “Layer List” Button on the top tool
Click on the Planning & Zoning “+”
Check the boxes for “Zoning” and “Zoning Label”
The current Rexburg Comprehensive Plan Map can be found at the follow web address: Comp Plan: http://madison.rexburg.org/Html5Viewer2.4/?viewer=public
Click “Layer List” Button on the top tool
Click on the Planning & Zoning “+”
Check the boxes for “Comprehensive Plan” and “Comprehensive Plan Label”
APPENDIX B: ENGINEERING STANDARDS
RESOLUTION 2016-15
(Updating Resolution 2008 – 17)
BE IT RESOLVED by the Mayor and City Council of the City of Rexburg, Idaho that effective December 7th, 2016, the City of Rexburg adopts the standards and specification set forth in
the current edition of the Idaho Standards for Public Works Construction and Supplemental Conditions - Standard Drawings & Specifications, as the City of Rexburg’s minimum Standard
Drawings & Specifications and any additions, amendments or addenda thereto established by the City Engineer.
FURTHERMORE, ANY SUBDIVISION WHICH SHALL REQUEST
ANNEXATION INTO THE City of Rexburg or any subdivision which is in the Rexburg Impact Zone and all lots less than one acre in size, must be in substantial compliance with the Rexburg
Standard Drawings & Specifications prior to being annexed or approved, unless modified by an annexation or development agreement. The terms of this resolution, if in conflict with any
existing Ordinances or Resolutions, shall be controlling. Specifically, this Resolution applies to Chapter 13 of the City of Rexburg Development Code.
ADDITIONALLY, the City establishes the following policies and guidelines.
The City of Rexburg reserves the right to place on hold / shut down any project due to the springtime thaw.
STREETS – Streets shall have as a minimum:
7’ Landscape Strip followed by a 5' wide Portland Cement concrete sidewalks on both sides of street per City of Rexburg Standards.
Curb & Gutter (as required per zoning)
Portland Cement Concrete Curb & Gutter on both sides.
Minimum grade = 0.30%.
Street Ballast Thickness
Residential Streets
2 1/2-inch thickness of hot asphalt plant mix.
3 1/2-inch thickness of 3/4-inch Aggregate Base.
Granular sub base material thickness as required by the City Engineer.
(Normally 12 inches with Mirafi 160 N or approved equal geotextile fabric below and up sides, but may vary depending on traffic volumes and strength of subgrade soils.)
Arterial Streets & Heavy Duty Industrial Commercial Streets
3 1/2-inch thickness of hot asphalt plant mix.
6-inch thickness of 3/4-inch Aggregate Base.
Granular sub base material thickness as required by City Engineer. (Normally 20 inches with Mirafi 160 N or approved equal geotextile fabric below and up sides, but may vary depending
on traffic volumes and strength of sub grade soils.)
Asphalt Chip Seal of street surfaces to be placed within 2 years of the date the street surface is constructed or may be included in a City Seal Coat project if such is approved in the
Annexation/Development Agreement.
Street right-of-way widths and curb-to-curb widths shall be as per City of Rexburg Standards for the street type, unless otherwise approved by the City Engineer.
Testing of street construction to be in accordance with current ISPWC.
PEO (Pedestrian Emphasis Overlay)
Minimum of a 7’ Landscape Strip followed by an 8' wide Portland Cement concrete sidewalk per City of Rexburg Standard Drawings.
Back of sidewalk to be installed at property line unless otherwise approved by City Engineer.
STREET LIGHTING
All street light wiring installed for the City of Rexburg shall be in an approved method of electrical conduit according to the currently adopted National Electrical Code (NEC).
No direct burial cable without conduit shall be accepted by the City of Rexburg if owned by, or proposed to be owned by the City of Rexburg.
All installations of electrical wiring for the purpose of street lighting shall meet the current NEC adopted by the City.
All new conduits installed shall also be inspected by a City of Rexburg Designated official prior to covering.
As-built electronic drawings must be submitted to City of Rexburg.
All street lighting to comply with City of Rexburg Standard drawings and Chapter 12 of the City of Rexburg Development Code.
Street lights at intersection shall be American Electric Lighting number ATBM D MVOLT R3 AO with Hapco RTA30D8B4T1E or as approved by City Engineer.
A light as defined in g. above may also be required mid-block if the spacing between intersections exceeds 400 feet.
PEO (Pedestrian Emphasis Overlay)
Street lighting to be have a maximum spacing of 100 feet on each side of the street.
Street light model to be EH22 FT 63LED 525MA 4K GCF R2 MVOLT ANDB/EAE5-1 FINISH ANDB/ EPSX-20-S5 FINISH ANDB or as approved by the City Engineer.
STORM SEWER
Minimum storm drain pipe size shall be 12-inch diameter.
Manholes shall be spaced per IDAPA.
At manholes, pipes of differing diameters shall be located (vertically) so as to match their 0.6 diameter points.
Minimum pipe grades shall be per the IDAPA.
Storm Sewer mains shall be stubbed out to the edges of developing property to allow for future storm sewer main line service to adjacent property. Storm Sewer mains shall be kept as
deep as practical beyond development to provide the possibility of storm sewer service.
Developers are financially responsible for a minimum twelve (12) -inch diameter storm drain main or such larger size storm drain size as may be needed to provide for storm drainage run
off from the proposed new development.
Developers are financially responsible for storm drain line depth up to sixteen feet (16') to pipe flow line. Deeper depths that are necessitated to serve adjacent
yet-to-be developed property will be participated in by the City as such may be approved in the Annexation/Development Agreement.
Storm Runoff
Storm drainage rainfall values and run off coefficients shall be as established in accordance with State of Idaho Catalog of Storm Water Best Management Practices.
The peak flow rate and maximum water surface elevations must be calculated for the 100-year/1-hour storm event.
The overflow route shall direct the 100-year/1-hour post-development flow safely towards the downstream conveyance system. Facilities that do not have an adequate overflow location or
bypass path must be sized to fully infiltrate/drain the 100-year/1-hour event.
The City of Rexburg uses the 25-year/1-hour event for sizing of on-site runoff storage facility, if it can be shown that downstream facilities can safely accommodate flows in excess
of the 25-year/1-hour event.
Discharge into existing facilities must be restricted to the pre-development level unless otherwise approved by City Engineer.
Catch basin grate must be Neenah Model Number R-3067 or approved equal. Catch Basins must be designed to accept peak runoff flow rate.
Acceptance of the storm sewer facilities are based on the following criteria:
Bedding and backfilling of trenches shall be constructed in accordance with current ISPWC, unless otherwise specified by City Engineer.
Perform all testing in the presence of the City Engineer or his assigned agent.
Testing per ISPWC Specifications.
Final Testing: Perform final testing after backfilling and compaction and
following installation of other utilities, but prior to surface restoration.
On-site runoff storage facilities must be inspected prior to final surface restoration.
A signed “Letter of Acceptance” from the City will be required prior to final surface reconstruction (i.e.: paving, landscaping, etc.).
WATERLINES
Water lines shall be Class 50 Ductile Iron. Minimum water main size shall be 8-inch diameter, unless a 6-inch line is specifically approved by the City Engineer.
Water service stub outs are to be placed at corner of the lot where practical. Water meters and curb stops are to be placed within the landscaping strip. The water service lines are
to be extended to the back of the utility easement. Refer to Utility Location Standard Drawing.
Fire flow requirements, fire hydrant spacing and related waterline size(s) shall be as required in the International Fire Code for zones or developments.
Gridded and/or looped water mains are to be installed whenever possible. Six (6)
-inch mains may have up to three hundred (300) feet of dead end service with one standard fire hydrant; eight (8) -inch or larger mains, up to five hundred (500) feet of dead-end service
with up to two (2) standard fire hydrants or one standard fire hydrant and one fire sprinkler system on the dead-end. Flush hydrants are not allowed in place of standard fire hydrant.
Minimum depth of cover over water mains shall be 5 feet unless otherwise approved by the City Engineer.
Water mains shall be valved at intersections and other locations so that not more than 600-foot-long segment of water main has to be taken out-of-service to provide needed maintenance
/ repair work. Additional valving may be required for construction and testing purposes.
Water mains shall be stubbed-out to the edges of developing property to allow for future water main service to adjacent property and to provide the required looping / gridding of the
overall water main system.
Individual house/business water service lines shall be stubbed-out to lots adjacent to new streets to eliminate the need for future excavation work in new streets.
Developers are financially responsible for a minimum eight (8) -inch diameter water main or such larger size water main as may be needed to provide the required fire flow for the proposed
new development. (See Item 3 above and International Fire Code requirements.)
Water line stub-outs to be ball-type corporation and curb stop adapter, poly-by- female metal pipe, and rated at 300 psi minimum working pressure. Approved water line materials are class
200 psi polyethylene pipe.
Red Fire Hydrant to be Mueller, Waterous, or Clow Brands with KOCHEK (model SZMC5054-3-Y Storz adapter or approved equal.
Water main valves to be Resilient Wedge Gate Valves for 10” and smaller diameter pipes and Butterfly Valves for larger diameter pipes rated at 250 psi or more working pressure. Double
disc gate valves will not be accepted.
Acceptance of the water lines are based on the following criteria:
Bedding and backfilling of trenches shall be constructed in accordance with current ISPWC, unless otherwise specified by City Engineer.
Perform all testing in the presence of the City Engineer or his assigned agent.
All testing in accordance with ISPWC Specifications.
A signed “Letter of Acceptance” from the City will be required prior to final surface reconstruction (i.e.: paving, landscaping, etc.).
SANITARY SEWER
Minimum sanitary sewer main size shall be 8-inch diameter.
Sanitary sewer lines to be ASTM D3034, SDR 35, or ASTM F679 or engineers accepted equivalent for gravity sewer and ANSI/AWWA C900, Class 150, or engineers accepted equivalent for pressure
sewer lines.
Manholes shall be no more than 400 feet apart or per ISPWC.
At manholes, pipes of differing diameters shall be located (vertically) so as to match their 0.6 diameter points.
Minimum pipe grades shall be per the IDAPA.
Sewer mains shall be stubbed out to the edges of developing property to allow for future sewer main service to adjacent property. Sewer mains shall be kept as deep
as practical so as to provide the possibility of sewer service to as large an area as possible.
Individual house/business sewer service lines shall be stubbed-out to lots adjacent to new streets so as to eliminate the need for future excavation work in new streets. Service lines
to be near the center of the lots and 10’ horizontally from the water service.
Developers are financially responsible for a minimum eight (8) - inch diameter sewer main or such larger size sewer main as may be needed to provide sewer service for the proposed new
development.
Developers are financially responsible for sanitary sewer or storm drain line depth up to sixteen feet (16') to pipe flow line. Deeper depths that are necessitated to serve adjacent
yet-to-be developed property will be participated in by the City as such may be approved in the Annexation/Development Agreement.
In an area were city sewer services are unavailable, a house sewer service line shall be constructed and marked anywhere from 10' from the side of the house facing the street to the
edge of the utility easement to facilitate an easy connection to a future sanitary sewer main in the street.
Acceptance of the sanitary sewer are based on the following criteria:
Bedding and backfilling of trenches shall be constructed in accordance with current ISPWC, unless otherwise specified by City Engineer.
Perform all testing in the presence of the City Engineer or his assigned agent.
Testing per ISPWC Specifications.
Pipe Cleaning
After the pipe ends have been grouted according to ISPWC Division 500 Section 502.3.5 and prior to CCTV inspection, the completed pipeline will be cleaned with a hydro cleaner by a city
crew according to ISPWC Division 500 Section 501.3.4.
Closed Circuit Television (CCTV) Inspection
Acceptance criteria:
No visible standing water in pipeline caused by grade defects
No pipeline structural defects observed
No pipeline installation defects observed
No infiltration observed
CCTV sewer line inspection will be done by a city crew
CCTV sewer line inspection is to be done after backfill and compaction, but prior to surface construction (i.e.: paving, landscaping, etc.). Uncover and repair or reinstall sections
of pipe found to have defects as directed by the city engineer or his agents.
Notify the City Wastewater Dept. @ (208) 359-3035 at least ten working days prior to final surface reconstruction to allow for CCTV inspection to be done, reviewed, and repairs to be
done if necessary.
Any repairs will need to be re-inspected after the repair is completed.
The cost for pipe cleaning and CCTV Inspection of the lines will be billed to the owner at approved City of Rexburg Billing rates.
A signed “Letter of Acceptance” from the City will be required prior to final surface reconstruction (i.e.: paving, landscaping, etc.).
WATER RIGHTS
Lands that are developed within the City of Rexburg and are, prior to development, irrigated with surface water must be irrigated with the existing surface water right where feasible.
This may require the development of a secondary irrigation system or special systems as conditions dictate. Exceptions must be approved by City Engineer.
Lands that are developed within the City of Rexburg and are, prior to development, irrigated with surface water and a secondary irrigation system is not feasible shall transfer to the
City of Rexburg the surface right or portion of that water right prior to the issuance of a will serve letter or provide a method of transfer acceptable to the city.
All subsurface rights tied to property to be serviced by the City of Rexburg shall be transferred to the City of Rexburg.
(See Standard Engineering Drawings on the following page.)
STANDARD DRAWINGS 2016 EDITION
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TABLE OF CONTENTS
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NORMAL RESIDENTIAL STREET BUSINESS AND HIGH DENSITY RESIDENTIAL STREET
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MAJOR ARTERIAL STREET MINOR ARTERIAL STREET
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TYPICAL UTILITY PLACEMENT
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RESIDENTIAL SIDEWALK, CURB-GUTTER, DRIVEWAY
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COMMERCIAL AND MULTI-FAMILY SIDEWALK, CURB-GUTTER, DRIVEWAY
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FLOWABLE TRENCH DETAIL
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PEDESTRIAN EMPHASIS OVERLAY (PEO) STREET LIGHTS
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STREET LIGHT ELECTRICAL NOTES
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SINGLE TRASH ENCLOSURE
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DOUBLE TRASH ENCLOSURE
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¾ INCH AND 1 INCH WATER METER DETAIL
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½ TO 2 INCH WATER METER DETAIL
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3 INCH TO 6 INCH WATER METER DETAIL
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INFILTRATOR STANDARD DETAILS
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APPENDIX C: HEMMING PROJECT REDEVELOPMENT OPTION (PROZONE)
C.01.010. Purpose and Objectives
C.01.020. Permitted Uses
C.01.025. Conditional Uses
C.01.030. Building Height
C.01.040. Distance Between Buildings
C.01.050. Permissible Lot Coverage
C.01.060. Lot Lines
C.01.070. Dwelling Density
C.01.080. Setbacks
C.01.090. Parking, Loading and Access
C.01.100. Project Plan Approval
C.01.110. Building Envelope Standards
C.01.120. Other Requirements
C.01.130. Architectural Design Standards
C.01.140. Special Standards for Certain Uses
C.01.150. Commercial Lighting Standards
The Hemming Pro Zone is a multi-phased project. As the developer and the City of Rexburg go forward, proposals for additional areas will be submitted for subsequent phases. The City
will allow additional areas as the zone continues to create a cohesive development and neighborhood.
The area designated for Phase I is limited to the southwest area including the areas of mixed-use development on both sides of W 2nd South and the proposed Hotel/Lodge area.
The Regulating Plan
The regulating plan illustrates where form-based codes for the Hemming Pro Zone apply. It classifies the site according to street, block, and district characteristics and includes easy
to follow illustrations of build-to lines, projected building footprints, location of public spaces, and allowable building types specific within the site.
Developers and planners view the site as part of a larger, unified design which identifies the basic physical characteristics of each building site. The regulating plan shows the relationship
between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. See Diagram below:
C.01.010 Purpose and Objectives
To develop a lasting mixed use district establishing a linkage between Main Street Rexburg and BYU Idaho. This district's guiding principles of sustainability and permanence is in accordance
with the Comprehensive Plan of Rexburg, Idaho.
C.01.020. Permitted Uses
a. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the Hemming Pro Zone, subject to the limitations
set forth.
b. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the Hemming Pro Zone:
Permitted Use
Two-family dwelling (attached to commercial or other nonresidential use)
Multiple Family Dwelling (excluded along 2nd West) Apartments (low rise attached to commercial or other nonresidential use as a mixed-use project as set forth in Rexburg City Code) Apartments
(high rise attached to commercial or other nonresidential use; as a mixed-use project as set forth in Rexburg City Code)
Disabled person residential facility (as part of a mixed-use building, i.e. non-residential uses)
Hotels (parking in rear or side yard or garage structure, no parking in front of structure)
Automobile parking (long term storage of autos, trucks, boats, vacation trailers, etc.)
Gas and electric utility company office
Water and electric utility company office
Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity)
Storm drain or right-of-way (predominantly covered pipes or boxes)
Travel Agencies
Hardware
Building maintenance
Department stores (includes major and junior chain department stores)
Variety stores
Retail trade (as part of a mixed-use building, i.e. residential and/or office)
Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.)
Miscellaneous retail food establishments
Apparel, shoes, and accessories
Furniture, home furnishings, and equipment (no combined warehousing)
Eating places (restaurants)
Drug and proprietary stores; health and natural products stores
Books, stationery, art, and hobby supplies
Sporting goods, bicycles, and toys
Garden supplies (entirely within a building only)
Jewelry
Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet –stores, games, computers, electronics, rental tuxedos and gowns, and other similar
retail stores)
Banks, insurance, and real estate Personal services - including laundry, photography, beauty and barber services, clothing repair, etc. (wedding chapel and reception centers only)
Athletic clubs, body building studios, Spas, aerobic centers, (no gymnasiums)
Business services (office and retail sales only)
Offices and professional services
Locksmiths and key shops
Professional Services (Behavior, drug and alcohol treatment; office only)
Contract construction services (offices and retail only)
Executive, legislative, and judicial functions
Postal services
Educational services
Churches, synagogues, temples, and missions
Religious reading rooms
Other religions activities
Cultural activities
Video Rental Shops
c. Permitted Accessory Uses. Accessory uses and structures are permitted in the Hemming Pro Zone provided they are incidental to, and do not substantially alter the character of the
permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal
use or structure permitted in the Hemming Pro Zone.
2. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use be located on the building site or immediately adjacent
thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter.
C.01.025. Conditional Uses
The following uses and structures are permitted in the Hemming Pro Zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof.
Conditional Use
Bed and Breakfast Inns and Vacation Rentals
Dormitory housing (maximum of eight (8) persons per unit
Communications (subject to City of Rexburg Telecommunications Ordinance, utilizing feasible “stealth” features to disguise the towers and antennas)
Gas company office
Motorcycles, motor scooters, parts, accessories, and supplies, as part of a mixed-use building
Personal services (wedding chapels and receptions centers only)
Vehicle rental (passenger automobiles only)
Miscellaneous business services such as Kinkos; limited to not more than twenty percent (20%) of gross leasable are
Police protection and related activities, branch (office only)
Miscellaneous service organizations
Entertainment and assembly including legitimate theater
Motion picture theaters (indoor)
Public assembly
Coin-operated amusements
Dance halls, ballroom
Ice skating
Bowling alleys
C.01.030. Building Height
Building heights for residential, commercial and mixed use buildings shall not exceed sixty (60) feet.
C.01.040. Distance Between Buildings
No requirement except as regulated by the provisions of the latest edition of the Building Code of the City of Rexburg as adopted by the action of the Municipal Council of said City.
C.01.050. Permissible Lot Coverage
No building or structure, (parking lots included), shall not cover an aggregate area of the development area upon which they are placed.
b. If the development area has a recorded contractual agreement to participate in a park, open space area, plaza, or similar, that is located within seven hundred (700’) feet of the
site, the development
area coverage may be increased to one hundred (100%) percent.
c. The park, open space area, plaza, or similar area shall have a minimum area equal in size to the increase of the development area coverage for each participating development area,
cumulatively. Required setbacks are not related to development area coverage and therefore must still be observed.
d. Individual building and connected structures shall not exceed a forty thousand (40,000) square-foot foot print within the development area.
C.01.060. Lot Lines
Lot lines shall be appropriately adjusted, or a Restrictive Lot Line Covenant (RLLC) shall be submitted as part of each development. Lot line modifications and/or RLLC must be approved
by the City prior to County recordation.
C.01.070. Dwelling Density
Not more than forty-two (42) dwelling units may be placed on an acre in the Hemming PRO Zone.
C.01.080. Setbacks
Adjacent Corners. Corner lots and setbacks are treated the same as two (2) front yards on those adjacent corners.
b. Residential Zones. Setbacks when adjacent or across the street from a residential zone should be similar to most restrictive zone, and only applicable to the sides of the proposed
building that are visible form residential zone.
c. Projections in Setbacks. Permitted projections into setbacks are limited to twenty-five (25%) percent of building frontage and ten (10’) feet projection into setback.
C.01.090. Parking, Loading, and Access
Parking requirements of the development code shall be adhered to except as modified in this section.
All habitable spaces within the Hemming PRO Zone shall have, within walking distance, automobile parking sufficient to meet the requirements as set forth in Rexburg City Code.
b. Parking Surface & Drainage. All surface parking spaces shall be paved with asphalt, cementitious pavers or concrete, and shall be provided with adequate drainage which does not impair
public walks or streets.
c. Off Street Loading Plan. Off street loading plan will be presented and reviewed by City staff prior to final design approval.
d. Parking Stalls. Parking stalls dimensions will comply with section 10.4 of the Development code except that stalls comprising fifty (50%) percent of the total stalls must measure
a minimum of eighteen feet by nine feet (18’ x 9’) and fifty (50%) percent measuring a minimum of sixteen feet by nine feet (16’ x 9’).
e. Drive Lanes. Drive lanes will be no less than twenty-two (22’) feet wide.
f. Required Parking Spaces.
Gross Leasable Area (GLA) is defined as the sum of all floor area available for lease to retail tenants, including the exterior walls, minus space used for mechanical and elevator equipment,
common areas, loading and parking.
Retail: 2.5 per 1,000 square feet of gross leasable area (GLA).
Gross Floor Area (GFA) is defined as the sum of all floor area available for lease to office tenants, including exterior walls, minus space used for mechanical and elevator equipment.
Office: 2.5 per 1,000 square feet of gross floor area (GFA).
3. PED. Student housing parking is subject to the Pedestrian Emphasis Zone.
4. Married/ Community Housing. Married/community housing: 1.6 parking space per unit ratio.
g. Bicycle Parking. For any non-residential or multi-family residential buildings, provide short-term and long-term bicycle parking equivalent to five (5%) percent of the total automobile
parking on site.
1. Short-term. Short-term bicycle parking must be within fifty (50’) feet of the entrance to the building that it services.
2. Long-term. Long-term bicycle parking for overnight parking must be in areas sheltered from the elements.
C.01.100. Project Plan Approval
All Project plans for projects in the Hemming Pro Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception followed by professional
engineered plans and specifications for review by all City Departments and Permitting Authorities.
C.01.110. Building Envelope Standards
Building Envelope Standards (BES) ensure that the Hemming Pro Zone fits the character of the community, regulating building height, placement and orientation. The goal of the Building
Envelope Standards is the creation of a healthy and vital public realm through good street space. The standards prescribe the ideal. The Building Envelope Standards set the basic parameters
governing building construction, including the building envelope (in three dimensions) and certain required/permitted elements, such as canopies, marquees, walls and fences, balconies
etc.
Buildings are aligned and close to the street. The street is a coherent space with consistent building forms on both sides of the street, contributing to a clear public space. Buildings
oversee the street with active fronts and views directed to the street and public realm, conducive to a vital and safe public space. Retail on the ground floor helps to make the street
active and interesting and impart a dynamic, vital, and safe pedestrian public space. Parking (not including on-street parking) should be away from the streets and shared by multiple
owners/users.
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C.01.120. Other Requirements
a. Uses Within Buildings. All uses established in the Hemming PRO zone shall be conducted entirely within a fully-enclosed building except those uses deemed by the Planning Commission
to be customarily and appropriately conducted in the open, and other uses which are allowed by the Planning Commission to be conducted in the open through the granting of a conditional
use permit. Uses customarily deemed to be conducted in the open may include, but would not be limited to, service stations, ice-skating, miniature golf, etc.
b. Landscaping.
Surface Parking lots (single level) a minimum of ten (10%) percent landscaping shall be provided for all ground level surface parking lots and shall be useable for snow storage. In addition,
parking areas shall be adequately screened from adjacent rights-of-say.
Signs. All signs erected in the Hemming Pro Zone shall be approved by the Planning Commission or designee prior to the issuance of a sign permit.
Canopies and Marquees. Canopies and/or marquees may be extended over public sidewalks in the Hemming Pro Zone only after a conditional use permit has been granted by the Planning Commission
for their erection, and after a revocable license has been issued by the Rexburg City Mayor in accordance with the procedures outlined herein.
1. Said marquees or canopies may be supported by columns or stanchions which are attached to the ground within the public right-of-way and do not extend beyond the street curb line.
2. Canopies and marquees erected in the Hemming Pro Zone must comply with all of the following conditions:
Conditional Use Permit. A conditional use permit must first be granted by the Planning Commission following an application submitted to the Planning Commission. Procedure for granting
a conditional use permit for this purpose shall be in accordance with Rexburg City Code.
b) Commission Review. Before a license shall be issued by the City the design of the canopy or marquee and the materials used in the construction of said canopy or marquee shall first
be reviewed by the Planning Commission in the process of granting a conditional use permit. The Planning Commission shall not grant a conditional use permit for any construction of
such canopies or marquees unless the following is fully demonstrated to their satisfaction:
Design. The canopy or marquee is harmonious in design and appearance with the building upon which it is being located, and with the general architectural and visual theme of the Hemming
Pro Zone.
2) Canopies or marquees shall remain open and unencumbered on three (3) sides except for required supporting columns, stanchions, or architectural features approved by the Planning Commission.
Materials. The canopy or marquee will be constructed of materials contained on the materials list for the Hemming Pro Zone approved by resolution of the City Council.
Objective. The canopy or marquee will tend to improve the visual environment of the City, will not be harmful to any existing tree or landscaping element, will increase downtown property
values, and will promote the objectives and characteristics of the Hemming Pro Zone as set forth herein.
Support. The location of supporting columns or stanchions will not obstruct pedestrian traffic on the sidewalk, and will not materially affect existing landscaping or street furniture
installations in the public right-of- way.
Landscaped Area. In the event that no public landscaping exists in the area adjacent to said canopy or marquee, the Planning Commission shall require the provision of a landscaped and
planted area no less than four (4’) feet in width and no greater than six (6’) feet in width to be planted with materials as part of the granting of a conditional use permit. This planting
shall be provided at least the full width of the canopy or marquee installation.
Building Code. All canopy or marquee installations will be in full conformance with the provisions of the latest edition of the Uniform Building Code as adopted by Rexburg City.
3. License. A license shall be obtained from the City permitting such construction. Conditions deemed appropriate by City may be imposed upon the granting of a license.
Revoke. Said license may be revoked after ninety (90) days of written notice to the licensee, at which time all improvements must be removed from the public right-of-way at the full
expense of said licensee.
The City right-of-way shall be restored by the licensee at his own expense to a condition equivalent or better than that existing in the remainder of the block face, and to a condition
satisfactory and acceptable to the Mayor.
4. Maintenance. The licensee shall agree to save and hold harmless the City on any and all damage to any property or person arising from the construction and maintenance of such canopies
or marquees.
Licensee shall assume and pay all costs of installation, maintenance, and removal of said canopy or marquee.
b) The licensee shall agree to pay damages and hold the City harmless from any claim that may arise through the licensee's use of public property for this purpose.
Right-of-Way. In no event shall any portion of the public right-of-way be used for commercial storage, display, or other private use.
1. The construction of any canopy or marquee under the provisions of this Section shall in no way deprive the public of use of the public right-of-way.
Trash Storage. (See 3.02.120.)
Walls and Fences.
1. Front Yard. No wall, fence, or opaque hedge or screening material higher than thirty-six (36”) inches shall be maintained within a required front yard which would tend to inhibit
a safe sight distance of traffic traveling upon a public street, or entering into the public street from a private driveway or alley.
2. Residential. The following standards shall apply in all residential projects in the Hemming PRO zone:
Front Yard. Solid walls, fences, hedges or screening materials which are sight obscuring may be built to a maximum of three (3’) feet in any required front yard perimeter. Walls, fences,
hedges or screening materials which are not sight obscuring (at least 50% open) may be built to a maximum of six (6’) feet in a front yard.
b) Side Yard. Solid, sight obscuring fences or walls may be built to a maximum of three (3) feet but may slope upward to connect with a higher rear yard fence. The sloped length may
not exceed one section or a maximum of ten (10’) feet.
c) Rear Yard. Walls and fences in a rear yard may exceed six (6’) feet provided that a building permit is first obtained from the Building Inspection Division prior to construction.
d) Corner Lots. A fence not more than six (6’) feet high may be constructed in a side yard adjacent to a public street on a corner lot, provided it does not extend into the clear vision
area of a corner lot as defined by Rexburg City Code.
e) Entryways. Entry treatments to private driveways or subdivision development entrances may not exceed six (6’) feet at the highest point, except lamps on pillars.
Pillars. Pillars shall be allowed to extend up to eighteen (18”) inches above the allowable height of a fence provided that the pillars shall have a minimum spacing of no less than
six feet, measured face to face.
f) Grade Differences. Where there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured
from the natural grade of the property upon which it is located.
g) Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be
topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.
h) Privacy Walls. Privacy walls which project into a required front yard will be subject to staff review.
i) Double Frontage Lots. A fence or wall may be erected in the rear yard of a double frontage lot subject to staff review.
j) Exceptions. The provisions of this Section shall not apply to certain other fences such as tennis court backstops or patio enclosures as approved by the Zoning Administrator, if it
is determined that such do not create a hazard or violation of other sections of the Rexburg City Code or other City ordinances. All other exceptions must obtain Planning Commission
approval.
Sidewalk Cafes. A sidewalk café shall be permitted if the following requirements are met:
1. An applicant submits scaled plans demonstrating that the café will conform to the following development standards:
Pedestrians. At least six (6’) feet of clear, unobstructed sidewalk width will remain available for pedestrian use.
b) Sidewalk Obstructions. A six (6’) feet clearance shall be required between any portion of the café area and any sidewalk obstructions such as tree wells, street signs, utility poles,
newspaper racks, benches, kiosks, drinking fountains and landscaped areas.
c) Awnings. Awnings associated with the café will be installed in accordance with the Uniform Building Code.
d) Barriers. If the sidewalk café is limited to one row of tables and chairs parallel to the building, no barriers will be erected to impede access.
e) Furnishings. Tables, chairs and other furnishings associated with the café will be located directly adjacent to the building and ground floor space in which food or drink is prepared.
1) If a sidewalk café is designed to have more than one such row of tables and chairs, a non-sight obscuring removable barrier not more than three (3’) feet high enclosing the tables
and chairs shall be constructed.
2) Barrier gates shall not swing into the required unobstructed sidewalk area required in subsection (b) above.
f) Hours. Hours of café use will be limited to not earlier than 7:00 A.M. and not later than 11:00 P.M. and will not exceed the operating hours of the associated eating or drinking
establishment.
g) Insurance. Insurance will be continuously maintained to adequately co-insure Rexburg City against any liability associated with the sidewalk café, as reasonably determined by the
City. The insurance certificate shall name the City as an “additional insured.” Cancellation of such insurance shall require at least thirty (30) days prior notice to the City.
h) Liability. Rexburg City, its officers, agents and employees, will be held harmless from any claims, causes of action, injuries, losses, damages, expenses, fees and costs, including
attorneys’ fees, associated or arising from the operation of the café.
i) Maintenance. The Café owner and operator will maintain the sidewalk café and surroundings will be maintained in a neat and clean condition at all times.
j) Repair. The café owner and operator will be responsible for repair of any damage done to the public sidewalk due to the installation or removal of furnishings, barriers or other
features of the sidewalk café.
k) Setback. A five (5’) feet setback will be maintained from the dining area to a property or lease boundary and from the intersection of the public sidewalk with a driveway, alley,
street or another public sidewalk.
l) Sidewalk Repair. The Café owner and operator will remove café improvements if necessary for sidewalk repair or replacement, utility maintenance, or upon failure to comply with the
terms of the agreement.
m) Signs. Signs associated with the café will be installed in accordance with Rexburg City Code.
n) Trash and Tobacco. Adequate facilities for the storage of trash and tobacco waste products generated by the café will be provided at a convenient location.
o) Umbrellas. Umbrellas shall not extend into the required unobstructed sidewalk area required in subsection (b) above.
2. An agreement between the applicant and the City is executed and recorded that includes the following provisions:
No alcohol will be consumed on the sidewalk.
b) All tables and chairs, any barrier, and other sidewalk obstructions associated with the sidewalk café will be removed during the time period between one-half (½) hour after close
of business to one-half (½) hour before opening of the business.
Time Limits. If the Hemming Pro Zone is not proceeding with construction of buildings and uses that are substantially the same as proposed and intended during the rezone request, the
City shall initiate a reversion to the previous zoning (most recent prior to the PRO Zone designation).
1. This time limit shall include a forty-eight (48) month period. The time shall begin at the adoption of the Hemming PRO zone or at each phase.
2. Building Permit. Within the forty-eight (48) month period a building permit shall be submitted that requests approval of a substantial building that is consistent with the intent
of the Hemming PRO Zone.
3. Phases. No new phases shall be considered until at least fifty (50%) percent build out has occurred on previous phases.
Building Code. The provisions of this Section are not intended to any way nullify or repeal any portions of the Uniform Building Code provisions.
C.01.130. Architectural Design Standards
Introduction Development in the Hemming Pro Zone will be guided by overall design standards in harmony with the adopted vision for downtown. These design standards for development will
be coordinated with overall community standards and will enhance the integrity of the existing business district and the downtown
as the center of the community while providing a link to this new mixed-use district.
Purpose and Objectives. The basis for all development within our Community is set forth in the Development Code, Subdivision Regulations, and the Comprehensive Plan.
The Development Code for the City of Rexburg states that the purpose of the Ordinance is to promote the general welfare by establishing and regulating zoning districts.
2. The purpose of these standards is to augment the existing criteria contained in the Hemming Pro Zone and those contained in the Development Code and Subdivision Ordinance, with more
specific interpretations that apply to the design commercial developments in the Hemming Pro Zone.
3. These standards require a basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of negative impacts.
b. Guiding Hemming Pro Zone principals. The City of Rexburg values the historical sense of place that the downtown has provided for over a hundred years. The Hemming Pro Zone will
incorporate many of the principals which have guided the downtown. These principals are as follows:
The Hemming Pro Zone is a Pedestrian-Priority Area.
2. The Hemming Pro Zone is Highly Attractive to Visitors.
3. The Hemming Pro Zone is a Mixed-Use Center which includes Retail, Office, Residential, Entertainment, Culture and Educational facilities.
4. The Hemming Pro Zone is Highly connected to the City, Region and to BYU-Idaho.
5. Circulation System Manages “Through” & “To” Traffic Strategically.
6. The Hemming Pro Zone Way-finding & Parking Systems are User Friendly.
7. The Hemming Pro Zone is a great Place to Work, Visit, Shop, Learn & Live.
c. The Hemming Pro Zone Development Framework. The Development Framework that has been identified is as follows:
1. Define and Focus Development on Target Markets.
2. Emphasize Mixed-Use Development with Ground Floor Retail.
3. Build a Sound Parking System for Employees, Customers, Visitors & Residents.
4. Undertake Infill, Adaptive Re-Use & Historic Preservation. Implement Urban Renewal Program.
5. Install Small Business Amenities & services to Draw this Market.
6. Connect to Community & Region with Wayfinding, Gateways, Parking, Amenities & Marketing.
7. Recruit Social Retailers to Reconnect with Major Regional Markets.
d. Architectural Standards.
The Architectural Standards for the Hemming Pro Zone favor an aesthetic that is traditional and reflective of Rexburg’s heritage and environment. They specify an architectural language
of quality, durability, and endurance. The intent behind these standards is to utilize a discipline of form in the design in order to foster a coherent aesthetic.
1. Exterior Materials. Exterior building materials should express the construction techniques and structural constraints of traditional, long lasting building materials.
2. Facades. Facades should be articulated to reduce the massive scale and the uniform impersonal appearances of buildings.
3. Roofs and Parapets. Roofs and parapets should demonstrate a commonsense recognition of the climate by utilizing appropriate pitch, drainage, and materials in order to provide visual
coherence to the Hemming Pro Zone.
4. Green Building. Green building technologies should be used to the maximum extent possible.
e. Improvement and Expansion Goals. The Hemming Pro Zone is intended to support the city’s goals through elements of design and appropriate mixed-use development. This chapter provides
standards for the orderly improvement [and expansion] design of the Hemming Project based on the following principals:
1. Efficient use of land and urban services;
2. A mixture of land uses to encourage walking as an alternative to driving, and provide more employment and housing options;
3. Both formal and informal community gathering places;
4. There is a distinct storefront character which identifies the Hemming Project;
5. The Hemming Pro Zone is connected to Downtown, the University, and neighborhoods;
6. Provide visitor accommodations and tourism amenities;
7. Transit-oriented development reduces reliance on the automobile and reduces parking needs in the Hemming Pro Zone;
8. Design standards/guidelines maintain and enhance the City’s historic architecture;
f. Block Layout and Building Orientation. This section is intended to promote the walkable, storefront character of the Hemming Pro Zone by orienting (placing or locating) buildings
close to streets. Placing buildings close to the street also slows traffic down and provides more “eyes on the street”, increasing the safety of public spaces.
Applicability. This Section applies to new Land Divisions and all of the following types of development (i.e., subject to Site Design Review):
a) Three or more single-family attached townhomes on their own lots (i.e., townhomes subject to Site Design Review);
b) Duplex and tri-plex developments with more than one building (i.e., duplex and tri-plex
developments subject to Site Design Review);
c) Multi-family housing;
d) Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review (e.g., buildings used solely to house mechanical
equipment, and similar uses); and
e) Commercial and mixed-use buildings subject to site design review.
Figure 1b 2 –Hemming Pro Zone block
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Hemming Pro Zone Block Development. Commercial and mixed-use developments may exceed the block width and depth standards in ‘B’, above, when the total floor area of those developments
(i.e., one or more buildings on one or more lots) exceeds [10,000] square feet on the ground floor. These “superblock developments” shall conform to all of the standards in a-b below
(See figure):
Create a “shopping street”. Each development has at least one street or drive designed with the basic elements of a good pedestrian-oriented shopping street: buildings oriented (placed)
close to both sides of a “main street”, which may be public or private; on-street parking; wide sidewalks (e.g., 8-12 feet typical), street trees; pedestrian-scale lighting and other
similar enhancements.
b) Provide usable pedestrian space. The amount and included amenities of Pedestrian space must be in compliance with the Hemming PRO Zone Design Criteria. Pedestrian space means a plaza
or extra-wide pathway/sidewalk near one or more building entrances. The Hemming PRO Zone Design Criteria provides the requirements for street trees or planters, space for outdoor seating,
canopies or awnings, and on-street parking (in selected areas).
Figure 1C-1 - Building Orientation (Typical)
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Building Orientation Standard. The Hemming PRO zone Design Criteria details how all building orientations, including corner lots, are required to be built. All of the developments in
the Hemming PRO Zone shall be oriented to a street. The Hemming PRO zone Design Criteria details the setback standards and entrance requirements.
4. Clear Vision Areas. Clear vision areas in the Hemming PRO zone are a minimum of fifteen (15’) feet and should be approved by the City Engineer prior to adoption. This applies to
main building structures, not accessory structures or landscaping, which require the thirty (30’) feet clear vision area.
5. Building Height. All buildings in the Hemming Pro Zone shall comply with the following build–ng height standards. The standards are intended to allow for development of appropriately-scaled
buildings with a storefront character:
Figure 2-1 - Building Height Diagram (Credit for Housing)
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6. Maximum Height. Buildings shall be no more than five (5) stories or sixty (60’) feet in height, whichever is greater.
Roof top equipment is not included in the maximum building height but should be screened by parapets or similar treatment.
b) Method of Measurement. “Building height” is measured using the same method of measurement as described for all Zones within the Rexburg Development Code, Ordinance No. 1026
7. Specific Architectural Guidelines.
a) Purpose and Applicability. Design Criteria for the Hemming PRO Zone will be presented to the Design Review Committee (DRC) or designee for review and approval prior to implementation.
Upon approval, all new construction will comply with this criterion.
b) Guidelines and Standards. Each of the following standards shall be met.
1) An architectural feature used to comply with one standard may be used to comply with another standard.
2) The Hemming Pro Zone architectural guidelines or standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles.
c) This section applies to all of the following types of buildings:
1) Three or more single-family attached townhomes on their own lots (i.e., townhomes subject to Site Design Review).
2) Duplex and tri-plex developments with more than one building (i.e., duplex and tri-plex developments subject to Site Design Review).
3) Multi-family housing.
4) Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g.,
buildings used solely to house mechanical equipment, and similar uses).
5) Commercial and mixed-use buildings subject to site design review.
Figure 3-1 – Hemming Pro Zone Building Design Elements (Typical)
8. Detailed Storefront Design. All buildings shall contribute to the storefront character and visual relatedness of the Hemming Pro Zone buildings. This criterion is met by providing
all of the architectural features listed in a-c, below along the front building elevation (i.e., facing the street), as applicable and by complying with the Hemming PRO zone design
criteria. Corner buildings will be subject to application of the standards to both street facing elevations and be approved under the Hemming PRO zone Design Criteria.
Corner building entrances on corner lots. Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incorporates other detailing
to reduce the angular appearance of the building at the street corner.
Regularly spaced harmonious proportionate scaled window openings (all building stories).
c) Display Windows. Large display windows on the ground-floor (non-residential uses only). Display windows shall be framed by bulkheads, piers, and sills.
1) Sill height shall be at a minimum of eighteen (18”) inches for seventy-five (75%) percent of such display windows.
Figure 3-2 - Design of Large-Scale Buildings and Developments (Typical)
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9. Design of Large-Scale Buildings and Developments. The standards in subsection “c”, below, shall apply to “Large-Scale Buildings and Developments”, as defined in a-b and the approved
Hemming PRO Zone Design Criteria:
Building Size. Buildings with greater than twenty-five-thousand (25,000) square feet of enclosed ground-floor space (i.e., “large-scale”). Multi-tenant buildings shall be counted as
the sum of all tenant spaces within the same building shell.
Multi-building Developments. Multiple-building developments with a combined ground-floor space (enclosed) greater than forty-thousand (40,000) square feet (e.g., shopping centers, public/institution
al campuses, and similar developments).
c) Human Scale. All large-scale buildings and developments, as defined in a-b, shall provide human-scale design by conforming to all of the following criteria:
1) Building Direction, Variation. Incorporate changes in building direction (i.e., articulation), and divide large masses into varying heights and sizes, as shown above. Such changes
may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of
windows, screening trees; small-scale lighting (e.g., wall-mounted lighting, or up-lighting); and similar features. (Note: the example shown above is meant to illustrate examples of
these building design elements, and should not be interpreted as a required architectural style.)
2) Entrances. Every building elevation adjacent to a street with a horizontal dimension of more than one-hundred [100] feet, as measured from end-wall to end-wall, shall have a building
entrance; except that building elevations that are unable to provide an
entrance due to the internal function of the building space (e.g., mechanical equipment, areas where the public or employees are not received, etc.) may not be required to meet this
standard.
10. Streetscape Standards. The Streetscape Standards are intended to further insure the coherence of the aesthetic for the Hemming Pro Zone. These standards also establish an environment
that encourages and facilitates pedestrian activity. Native trees and plants contribute to privacy, noise reduction, maintenance of the natural habitat, and conservation of water. The
Streetscape is key to the livability, vitality and identity of the Hemming Pro Zone.
Streetscape Elements. Streetscape elements, such as pavers, benches and other outdoor seating, amenities for transit passengers, pedestrian scale street lights, bike racks and waste-bins
must be consistent throughout the Hemming Pro Zone.
b) Trees. Street trees are part of an overall Streetscape plan designed to give special character and coherence. The desired aesthetic shall be achieved through the use of native/proven,
hardy, adaptive species where reasonable.
g. Pedestrian (and Transit) Amenities. This section is intended to complement the building orientation standards above, as well as the street standards by providing comfortable and
inviting pedestrian spaces within the Hemming Pro Zone. Upon approval, all new construction will comply with these criteria. Pedestrian amenities serve as informal gathering places
for socializing, resting, and enjoyment of the Hemming Pro Zone and contribute to a walkable district. This section applies to all of the following types of buildings:
Three or more single-family attached townhomes on their own lots (i.e., townhomes subject to Site Design Review).
2. Duplex and tri-plex developments with more than one building (i.e., duplex and tri-plex developments subject to Site Design Review);
3. Multi-family housing;
4. Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g.,
buildings used solely to house mechanical equipment, and similar uses); and
5. Commercial and mixed-use buildings subject to site design review.
Figure 4-1 - Pedestrian [and Transit] Amenities (Typical)
C.01.140. Special Standards for Certain Uses
This section supplements the standards contained above. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the Residential
District:
- Residential Uses
- Bed and Breakfast Inns and Vacation
- Rentals
- Public and Institutional Uses
- Accessory Uses and Structures
- Automobile-Oriented Uses and Facilities
- Outdoor Storage and Display
- Light Manufacture
Residential Uses. Higher density residential uses, such as multi-family buildings and attached townhomes, are permitted to encourage housing near employment, shopping and services.
Objectives. All residential developments shall comply with the standards in 3-6, below, which are intended to require mixed-use development; conserve the community’s supply of commercial
land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management
and maintenance of common areas.
2. Reconstruction or Expansion. Residential uses which existed prior to the effective date of this code are exempt from this Section unless substantial reconstruction and/or expansion
occurs.
Substantial reconstruction shall mean that valuation of proposed improvement exceeds fifty (50%) percent of assessed value for the previous calendar year.
b) Standards shall only apply to areas of expansion unless the gross floor area of the proposed expansion exceeds fifty (50%) percent of the existing structure’s gross floor area.
3. Common Areas. All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained with a lease agreement.
4. Density. There is a maximum dwelling density of forty-two (42) units per (1) acre.
5. Mixed-Use Development Required. Residential uses shall be permitted only when part of a mixed-use development (residential with commercial or public/institutional use). Both “vertical”
mixed-use (housing above the ground floor), and “horizontal” mixed-use (housing on the ground floor) developments are allowed, subject to the standards in 2-5 of this section.
6. Parking, Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the
ground floor, or located in parking areas located behind or to the side of the building.
a) Entrance Facing Street. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front building elevation by a minimum of [4-6]
feet.
b) Corner Lots. On corner lots, garage entrances shall be oriented to a side-street (i.e., away from (name of “Main Street”)) when access cannot be provided from an alley.
b. Bed and Breakfast Inns and Vacation Rentals. Bed and Breakfast Inns and vacation rental dwellings are required to register with a local management group or make available at all
times a local contact.
1. Bed and Breakfast Inns must be owner occupied using a maximum of twenty-five (25%) percent of the home for this purpose.
c. Public and Institutional Uses. Public and institutional uses are allowed in the Hemming PRO zone, except that automobile-oriented uses shall comply with the standards in “e”, below.
d. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory
structures in the Hemming Pro Zone include small workshops, greenhouses, studios, storage sheds, and similar structures.
1. Accessory uses and structures are allowed for all permitted land uses within the Hemming Pro Zone provided they are incidental to, and do not substantially alter the character of
the principal permitted use.
2. Standards. Accessory structures shall comply with the following standards:
Primary use required. An accessory structure shall not be allowed before or without a primary use on the same lot.
Setback standards. Accessory structures shall comply with the setback standards required by the building code. If and accessory structure requires a building permit, all setbacks required
of the principal structure shall be observed as well.
Front Yard. In addition, no accessory structures shall be allowed to encroach in to a front yard.
2) Materials. Accessory structures visible from public or private rights-of-way shall be consistent in materials as those used for the principal structure.
Design guidelines. Accessory structures shall comply with the Hemming Pro Zone design guidelines.
d) Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way.
e) Compliance with subdivision standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary
to comply with setback standards.
e. Automobile-Oriented Uses and Facilities. Automobile-oriented uses and facilities, as defined below, shall conform to all of the following standards in Hemming Pro Zone. The standards
are intended to provide a vibrant storefront character, slow traffic down, and encourage walking.
Definition. “Automobile-oriented use” means automobiles and/or other motor vehicles are an integral part of the use. These uses are restricted because, when unrestricted, they detract
from the pedestrian-friendly, storefront character of the district and can consume large amounts of land relative to other permitted uses.
2. Parking, Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be accessed from alleys, placed underground, placed in structures above
the ground floor, or located in parking areas located behind or to the side of a building; except that side-yards on corner lots shall not be used for surface parking.
a) All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front elevation by a minimum of four (4’) feet.
b) Individual surface parking lots shall not exceed a total one-half city block; larger parking areas shall be in multiple story garages.
3. Standards. Automobile-oriented uses shall comply with the following standards:
a) Vehicle repair, sales, rental, storage, service. Businesses that repair, sell, rent, store, or service automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction
equipment, and similar vehicles and equipment are prohibited unless the use is contained within an enclosed building.
b) Drive-up, drive-in, and drive-through facilities. Drive-up, drive-in, and drive-through facilities (e.g., associated with restaurants, banks, car washes, and similar uses) are permitted
only when accessory to a primary commercial “walk-in” use, and shall conform to all of the following standards:
The facility receives access from an alley or driveway, and not a street
2) Street Location. None of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing areas, windows, teller machines, service windows, drop-boxes, and similar facilities)
are located within twenty (20’) feet of a street and shall not be oriented to a street corner. (Walk-up only teller machines and kiosks may be oriented to a corner).
3) Subordinate to Primary. The facility is subordinate to a primary permitted use. “Subordinate” means all components of the facility, in total, occupy less street frontage than the
primary commercial or public/institutional building.
4) Street Frontage. No more than one drive-up, drive-in, or drive-through facility shall be permitted on one block, or for a distance of three-hundred (300’) linear feet along the same
street frontage, whichever is less.
5) Outdoor PA System. No outdoor PA system shall be located within three hundred (300’) feet of a residential zone.
f. Sidewalk Displays. Sidewalk display of merchandise and vendors shall be limited to cards, plants, gardening/floral products, food, books, newspapers, bicycles, and similar small
items for sale or rental to pedestrians (i.e., non-automobile oriented).
1. A minimum clearance of six (6’) feet of walkable surface shall be maintained.
2. Display of larger items, such as beds and appliances, automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar
vehicles and equipment, is prohibited.
g. Light Manufacture. Certain light manufacture uses are allowed in the Hemming Pro Zone.
Definition. “Light manufacture” means production or manufacturing of small-scale goods, such as crafts, electronic equipment, bakery products, printing and binderies, furniture, and
similar goods.
Commission. The Zoning Administrator may determine at any time during the review process of a manufacturing use that it may be submitted to the Planning Commission or City Council as
a conditional use permit.
Standards. Light manufacture uses shall conform to all of the following standards which are intended to protect the pedestrian-friendly, storefront character of the Hemming Pro Zone.
a) Retail or Service Use Required. Light manufacture is allowed only when it is in conjunction with a permitted retail or service use [and does not exceed fifty (50%) percent of the
gross floor area].
b) Location. The light manufacture use shall be fully enclosed within a building and shall not be located within two hundred (200’) feet of a residential zone.
C.01.150. Commercial Lighting Standards
Lighting Standards are applicable as described in Section 3.6.
APPENDIX D: LAND USE TABLES
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