HomeMy WebLinkAbout05.03 CBD
City of Rexburg Development Code: CBD
SECTION 5.3: CENTRAL BUSINESS DISTRICT (CBD)
*All Zoning Standards apply.
(See 3.01-3.06)
5.03.010. Purpose and Objectives 5.03.100. Distance Between Buildings
5.03.020. Architectural Design Standards 5.03.110. Permissible Lot Coverage
5.03.030. Permitted & Conditional Uses 5.03.120. Mixed Use Projects
5.03.040. Lot Area 5.03.120. Parking, Loading and Access (See 3.04)
5.03.050. Lot Width 5.03.130. Project Plan Approval
5.03.060. Lot Frontage 5.03.140. Other Requirements
5.03.080. Prior Created Lots 5.03.150. Sidewalk Cafés
5.03.070. Lot Configuration & Density 5.03.160. Canopies & Marquees
5.03.080. Yard Requirements 5.03.170. Downtown Lighting
5.03.090. Building Height
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
a. 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.
1. 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:
a) 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.
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Downtown Development Framework.
2. The Development Framework that has been identified and
within which the community will pursue a revitalization blueprint is as follows:
a) 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 1 st Floor CUP
Apartments (high and low-rise)* P
Family Apartments CUP
(See 3.02.160.) (attached to commercial or other
Bed and Breakfast Inn* P
non-residential use)
(See 3.02.160.)
Boarding Houses* P
Dormitory, Fraternity, Sorority (max. 6 persons/unit) CUP
Group Home (Disabled & Elderly; under 8 residents) P
Hotels P
Membership Lodging P
Multi-Family* P
Religious Quarters P
(See 3.02.160.)
Short-Term Rental* P
Single-family Dwelling* P
2-family Dwelling: Duplex, Townhome* P
Vacation Rentals P
Care Facilities Assisted & Residential Care Facility CUP
Behavior, Drug & Alcohol Treatment CUP
Day Care Centers P
Place of Worship Churches, Synagogues and Temples P
Other Religious Activities P
Religious Reading Rooms P
Schools, public or Dancing Schools CUP
private Nursery Schools P
Indoor Recreation Athletic clubs, body building studios, aerobic centers & gymnasiums P
Entertainment Billiards and Pool Halls P
Bowling Alleys P
Coin-operated Amusements P
Cultural Activities P
Dance Halls, Ballroom P
Ice Skating P
Miniature Golf P
Public Assembly P
Roller Skating & Skate Boarding P
Theatres (Auditoriums, Performing & Motion Picture) P
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Food Bakeries & Doughnut Shops P
Candy, nut & confectionery CUP
Dairy Products CUP
Eating Places; restaurants P
Food stores P
Grocery Stores (5 - 10 acres only) P
Fruits & Vegetables CUP
Miscellaneous retail food P
Manufacturing Small Generation (Minor assembly & other innocuous manufacturing) CUP
Retail Apparel and Accessories P
Books, stationary, art and hobby supplies P
Department Stores (junior and major chains) P
Discount Department P
Direct Selling Organization P
Dry Goods and general merchandise P
Electrical Supplies P
Florists P
Furniture, Home Furnishings & Equipment (No Combined Warehousing) P
Garden Supplies (Inside Building Only) P
Hardware P
Heating & Plumbing Equipment (No Outside Storage) P
Ice Dealers (Automated Machines or Pick-Up Stations Only) P
Jewelry P
Liquor Stores & Packaging P
Merchandise Vending Machine Operators P
Miscellaneous Retail Stores P
Miscellaneous Retail Trade P
Motorcycles, Motor Scooters, Parts, Accessories & Supplies P
Paint, Glass & Wallpaper P
Shopping Centers (Uses Listed Here; 5 - 10 acres) CUP
Sporting Goods, Bicycles, And Toys P
Surplus Stores (inside only) P
Variety Stores P
Services Auction Houses CUP
Beauty & Barber shops P
Building Maintenance P
Drug & Proprietary Stores P
Educational Services P
Equipment Rental CUP
Executive, legislative & judicial P
Gas Stations CUP
Gunsmiths P
Laundry & Dry Cleaning CUP
Libraries P
Locksmiths & key shops P
Miscellaneous Business Services P
Miscellaneous Service Organizations P
Package Antiques & Second-Hand Merchandise P
Package Second-Hand Auto Parts (indoor only) P
Personal Services (except wedding chapel and reception centers) P
Photographic Services P
Postal Services P
Protective functions & related activities P
Repair, Furniture P
Repair, Garment, Pressing & Alteration (no on-site dry-cleaning) P
Repair, Miscellaneous Small Item CUP
Repair & Service, Electrical Appliance P
Saw, Knife & Tool Sharpening CUP
Shoe Repair, Hat Cleaning CUP
Spas P
Video Rental Shops P
Wedding Chapels & Reception Centers CUP
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Office Banks, Insurance & Real Estate Offices P
Business (office & retail sales only) P
Call Centers (additional parking provided & approved by Zoning Admin.) P
Contract Construction Services office & retail CUP
Dwelling & Building Services Office P
Mail & phone order houses P
Miscellaneous business services office P
Professional Services office (except behavior, drug & alcohol treatment) P
Refuse disposal company office P
Travel Agencies P
Utility, Electric Company office P
Utility, Gas Company Office P
Utility, Water or Irrigation Company office P
Automobile Parking Lots and Garages (no impound or long-term storage) P
Parking Garages (>10 parking spaces & garage majority of space) CUP
Transportation Bus transportation (no garaging & equipment maintenance) P
Heliport (pad only, no maintenance) CUP
Motor vehicle transportation P
Crematory P
Funeral parlor (mortuary) P
Utilities Communications CUP
a. Permitted Accessory Uses.
(See 3.02.070.)
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:
a. 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.
1. 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.
b. 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 3.02.090.)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.
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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
(See 3.02.060.)
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. (See 3.04.040.)
5.03.130. Project Plan Approval
(See 3.02.130.)
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 7.0.) and the following:
a. 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, 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
Entry Treatments to Private Driveways or Subdivision Development Entrances.
Entry treatments
1.
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.
Privacy Walls.
Privacy walls which project into a required front yard will be subject to the Zoning
2.
Administrator or designee for review.
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c. Landscaping.
1. 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 3.02.120)
Materials for Screening.
1. 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 3.02.110.)
Entryways
1.. 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.
Privacy Walls
2.. Privacy walls which project into a required front yard will be subject to Zoning
Administrator or designee review.
Double Frontage Lots
3.. 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.
1. 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.
2. 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:
a.
An applicant submits scaled plans demonstrating that the café will conform to the following development
standards:
Unobstructed Sidewalk.
1. 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.
Furnishings.
2. 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.
Setback.
3. 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.
No Barriers.
4. 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.
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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.
b. Agreement.
An agreement between the applicant and the City is executed and recorded that includes the
following provisions:
1. No alcohol will be consumed on the sidewalk.
Insurance.
2. 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.
Liability.
3. 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.
Damage.
4. 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.
Hours.
5. 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.
Music.
6. 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.
Sidewalk Maintenance.
7.
a) 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.
a.
Canopies and marquees erected in the CBD Zone must comply with all of the following conditions:
Conditional Use Permit.
1. 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:
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a) 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.
b) 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.
c) 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.
d) 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.
e) 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.
f)
1) 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.
Landscaping.
g) 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.
Building Code.
h) 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.
License.
2. 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.
Revoked.
a) 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.
Restoration.
1) 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.
Liability.
3. 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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