HomeMy WebLinkAbout03.02 Zoning Standards for All
City of Rexburg Development Code: ZONING STANDARDS
SECTION 3.2: ZONING STANDARDS
3.02.010. Applicability 3.02.100. Screening Requirements
3.02.020. Sale of Lots Below Minimum Space 3.02.110. Fencing Requirements
Requirements 3.02.120. Trash Storage
3.02.030. Yard Space for one Principal Building 3.02.130. Project Plan Approval
3.02.040. Access to Public Street Required 3.02.140. Addressing
3.02.050. Clear View of Intersecting Streets; Sight 3.02.150. Dormitory
Triangle 3.02.160. Rentals
3.02.060. Distance Between Buildings 3.02.170. Sidewalks
3.02.070. Accessory Buildings 3.02.180. Floodplain Development
3.02.080. Setback 3.02.190. Fire Standards
3.02.090. Exception to Setback Requirements 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
a.
All principal buildings shall be served by a public street. Access to a principal building only from an alley
is prohibited.
b.
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.)
a. Trees
in such triangles shall be trimmed to at least ten (10’) feet above the centerline grades of the
intersecting streets.
b. Shrubs, fences, and walls
shall not be higher than three (3’) feet above the centerline grades of the
intersecting streets.
c.
Exception: Mixed Use and Central Business District.
3.02.060. Distance Between Buildings
a. 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
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code.
b. 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.
c. 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.
d. Dwellings on the Same Lot.
The distance between buildings containing dwellings on the same lot shall
not be less than ten (10’) feet.
e.
The Building Code may require a greater distance between buildings.
f. 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.
a. Permitted Accessory Uses.
Such permitted accessory uses and structures include, but are not limited to
the following:
1. 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.
2. 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.
3. Equipment storage buildings and supply storage buildings.
b. Accessory Building Requirements.
Accessory buildings shall:
1. Have a building footprint and height less than the main dwelling.
2. Comply with all lot coverage requirements in the existing zone.
3. Comply with the latest and most current Building Code of Rexburg, ID.
4. Only be used for those accessory uses allowed in the respective zone.
Location.
5. (See 3.02.060.)
Front Yard.
a) Not be placed in the front yard.
Side Yard.
b) Meet the same side yard requirements as a principal building when the accessory
building is:
(Residential)
1) larger than two hundred (200) square feet or taller than ten (10’) feet in height.
(Commercial)
2) larger than one-hundred-twenty (120) square feet or taller than ten (10’) feet in
height.
Rear Yard.
c) 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.
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Accessory Building Size.
6.
Adjacent to Residential Use or Zone.
a) If adjacent to a residential use or zone, the accessory
-
building shall not exceed ten (10’) feet in height, nor twohundred (200) square feet.
If not adjacent to residential use or zone.
b) 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.
7. 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
a.
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.
The following structures may be erected on or projected into any required setback or right-of-way:
1. Fences and walls in conformance with the Rexburg City Code and Ordinances.
2. Landscape elements including trees, shrubs, agricultural crops and other plants.
3. Necessary appurtenances for utility.
c. 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.
1. 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.
c) Uncovered steps or a deck. (See Setback definition.)
Side or Rear Yard.
3. 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
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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:
a. Landscaping.
Plant material size (minimum), at time of planting:
1. Deciduous trees- Two (2”) inch caliper around the trunk of the tree
2. Evergreen trees- Seven (7’) feet in height from root collar to top of tree crown
3. Shrubs- Five (5) gallon containers
4. 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.
5. In all zones, the area between the curb and gutter and the sidewalk is to be landscaped with trees and
shrubs.
6. Landscaping must be maintained as in its original design and purpose by the adjacent property owner.
b. Parking Areas.
(See 3.04.040.d.)
c. 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.
1. 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.
1. 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.
a) The landscaping shall be planned and approved by the Zoning Administrator.
e. 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.
1. 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
2. . 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 7.0 may reduce buffering to deciduous two (2”) inch caliper trees at fifty (50’) feet spacing and
eight (8) shrubs between trees.
3. Trees shall be surrounded with grass, decorative rock, bark or other as approved in the site plan review.
Setback.
4. 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.
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5. Landscaping must be maintained as in its original design and purpose.
f. Infill/Redevelopment Buffering.
Buffering is increased as per Section 10.1: Infill/Redevelopment Projects.
g. 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.
1. 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 zone, then screening is required.
1. 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.
a) The area between the right-of-way and the wall shall be landscaped with
decorative rock and shall be kept free of weeds.
1) 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.
2) Trees and bushes required by this section shall be irrigated with a water drip system.
2. Water tanks are not required to be screened.
3. 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)
a. Fence Types Not Permitted.
Floodplain.
1. No fence shall be constructed in the floodway without approval of the Planning and
Zoning Commission.
Barbed Wire/Electric.
2. Barbed wire fences and electric fences shall not be erected or maintained
unless approved by the Planning and Zoning Commission.
b. 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.
1. Dog runs shall be placed in rear yards only and shall be at least ten (10’) feet from any
residence.
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Building Permit.
2. Fences over seven (7’) feet in height must obtain a building permit.
Height Limit.
a) 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.
1. 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.
2. 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.
3. The Central Business District (CBD) may allow other types of fences. (See 5.03.140.)
4. 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.
a.
Trash shall be stored in screened areas.
1. 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.
2. Materials and location of the screened areas shall be reviewed and approved by the Zoning
Administrator or designee prior to installation.
b.
No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located
within the required setback.
c.
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.
A site plan (including a drainage and landscape plan) for review and approval by City of Rexburg Building
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Department.
b.
Drainage on to an adjacent lot not owned by applicant is not allowed.
c. 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 Development Review Committee.
3.02.140. Addressing
a. 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.
Multiple Floors.
2. 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.
b.
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.
1. 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.
2. 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 3.05.110.b.)
3.02.150. Dormitory
Dormitory is subject to commercial design standards in Mixed Use (See 7.0.), but in the High Density Residential
and Medium Density Residential zones, the residential design standards apply (See 4.00.050.).
3.02.160 Rentals
Bed and Breakfasts, Boarding Houses, and Short-Term Rentals.
a. 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.
b.
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.
c. Fees.
An initial One hundred ($100) dollar fee is required for a building permit and first inspection.
Further fees may be required if additional inspections 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.
d. 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
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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).
a. Purpose and objectives.
Purposes.
1. It is the purpose of this section 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:
a) To protect human life and health
b) To minimize expenditure of public money and costly flood control projects;
c) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
d) To minimize prolonged business interruptions;
e) 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;
f) 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;
g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
h) To ensure that those who occupy the area of special flood hazard assume responsibility for their
actions.
Objectives.
2.
a) 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.
b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction.
c) Control filling, grading, dredging, and other development which may increase flood damage;
d) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or
may increase flood hazards in other areas.
b. Permit Required.
A development permit shall be obtained before construction or development begins for
all structures with any area of special flood hazard.
c. 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.
1. Elevation in a relation to mean sea level, of the lowest floor (including Basement) of all structures;
2. Elevation in relation to mean sea level to which any structures has been flood proofed;
3. Certification by a registered professional engineer or architect that the flood-proofing methods for any
nonresidential structure meet the flood-proofing criteria;
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development.
d. Permit Review.
The Building Official shall review the permit submittal for the following:
1. To determine the permit requirements of this Ordinance have been satisfied.
2. To determine that all necessary permits have been obtained from those Federal, State, or local
governmental agencies from which prior approval is required.
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3. To determine if the proposed development is located in the floodway. If located in the floodway, to
assure that the encroachment provisions are met.
e. 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.
1. Maintain the flood-proofing certifications required.
2. Maintain records for public inspection related to this Section (3.02.180).
f. Alterations of Watercourses.
1. 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.
2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
g. 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).
1. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation.
h.
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.
1. Applications for building permits shall be reviewed to assure that proposed construction will be
reasonably safe from flooding.
Test of Reasonableness.
2. The test of reasonableness is a local judgment and includes use of historical
data, high water marks, photographs of past flooding, etc., where available.
3. Failure to elevate at least two (2’) feet above grade in these zones may result in higher insurance rates.
4. Information for flooding shall be generated for subdivision proposals and other proposed developments
which contain at least fifty (50) lots or five (5) acres.
i. Building Requirements
Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
a) 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).
Construction Materials and Methods.
2. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
a) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
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b) 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.
Utilities.
3.
a) All new and replacement water supply systems shall be designed to minimized or eliminate
infiltration of flood waters into the system.
b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharge from the systems into flood waters.
c) On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
Residential Construction
4.
a) New construction and substantial improvement of any residential structure shall have the lowest
floor, including basement, elevated to or above the flood protection elevation.
b) 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:
1) 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.
2) The bottom of all opening shall be no higher than one (1’) foot above grade.
3) 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.
5. 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.
6. 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.
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7. All development (residential/nonresidential) needs to have the first floor elevated at or above the Flood
Protection Elevation (FPE).
j. Subdivision Proposals
(See 11.06.020.)
1. Subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage.
2. Subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
k. 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.
l. 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:
1. 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.
m. 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.
a. 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 in compliance 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:
1. The prevention of fires
2. The suppression or extinguishment of dangerous or hazardous fires
3. The storage, use and handling of hazardous materials
4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-
extinguishing equipment
5. The maintenance and regulation of fire escapes
6. The maintenance of fire protection and elimination of fire hazards on land and in buildings, and other
property, including those under construction
7. The maintenance of means of egress
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8. 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.
b. 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.
c. 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:
1. 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.
2. Maintenance performed in accordance with this code is not considered a
modification and does not require a permit.
Tags.
a) 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.
3. Permits shall expire one year from the date of issuance unless otherwise noted on the
permit.
d. 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).
1. 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)
2. 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.
3. 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.
e. 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
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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.
No Obstructions.
c) 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.
Barricades.
2. 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.
Maintenance.
3. Access roadways shall be maintained year-round, including snow removal.
Dead Ends.
4. 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.)
Turning Radius.
6. 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.
a) 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 Engineering 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.
Turnarounds.
3. (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.
Turnouts.
4.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.
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a) Driveway turnouts shall be of an all-weather road surface at least ten (10’) feet wide and thirty
(30’) feet long.
Grade.
5. 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.
Silencing Fire Alarms.
1. 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.
Fire Alarm Control Panels.
2. 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.
Annual Inspection.
4. 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 Fire 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.
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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.
Connections.
5. 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.
Fire Flow Testing.
6. 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.Knox 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 Knox 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 surface unless 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.
Shut-off Valve.
1. 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.
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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.
Pipes and fittings.
2. 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.
Private Mains.
3. Private fire service mains and their appurtenances shall be tested in accordance to
NFPA 24.
Standpipe Systems.
4. 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.
Wiring.
k. Wiring shall comply with the requirements of NFPA 70 and NFPA 72.
Wireless Protection Systems.
1. 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
a. Building Code.
All structures shall follow the City of Rexburg adopted Building Code standards.
b. Engineering Standards.
All roads, water supply, sewage, storm water, and streets shall comply with City
of Rexburg adopted Engineering Standards.
c. 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.
d. Lighting Standards.
All lighting shall comply with City of Rexburg adopted Lighting standards, Section
3.6. Factors such as location of housing and commercial land uses shall direct what standards are
applicable.
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