HomeMy WebLinkAboutDevelopment Code 1200 - NEW FORMAT 2018 (with PF changes) 06.19
CITY OF REXBURG DEVELOPMENT CODE
CITY OF REXBURG DEVELOPMENT CODE
Ordinance No. 1200
Adopted 2/2019
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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.
SectionI.Ordinance Number 1115 is herebyamended byOrdinance 1132,Ordinance 1154, Ordinance 1157,
Ordinance 1159, Ordinance 1177, Ordinance 1181, Ordinance 1188, and Ordinance 1196.
SectionII.The Development Code of the City of Rexburg, Idaho, is hereby enacted as follows:
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City of Rexburg Development Code: TABLE OF CONTENTS
TABLE OF CONTENTS
CHAPTER 1: ADMINISTRATIVE PROCEDURES…………….……………………5
1.1 SCOPE
1.2 FACILITATORS
1.3 RECOMMENDING BODY
16
1.4 LAND USE ACTIONS………………………………………………………………………
1.5 ENFORCEMENT PLAN
CHAPTER 2: DEFINITIONS…………………………………………………………29
CHAPTER 3: ZONING DISTRICTS…………………………………………………49
3.1 ESTABLISHMENT OF ZONES
51
3.2 ZONING STANDARDS FOR ALL ZONES……………………………………………….
69
3.3 NONCONFORMING USES IN ALL ZONES……………………………………………..
71
3.4PARKING STANDARDS FOR ALL ZONES……………………………………………..
83
3.5SIGN STANDARDS FORALL ZONES…………………………………………………...
95
3.6LIGHTING STANDARDSFOR ALL ZONES……………………………………………
101
3.7CELL TOWERSFOR ALL ZONES………………………………………………………
CHAPTER 4: RESIDENTIAL ZONES
……………………………………………….113
4.0 STANDARDS FOR ALL RESIDENTIAL ZONES
119
4.1RURAL RESIDENTIAL 1 (RR1)……………..…………………………………………...
4.2RURAL RESIDENTIAL (RR2)
127
4.3 LOW DENSITY RESIDENTIAL 1 (LDR1)……………………………………………….
4.4 LOW DENSITY RESIDENTIAL 2 (LDR2)
4.5LOW DENSITY RESIDENTIAL 3 (LDR3)
139
4.6MEDIUM DENSITY RESIDENTIAL 1 (MDR1)…………………………………………
4.7MEDIUM DENSITY RESIDENTIAL 2 (MDR2)
147
4.8HIGH DENSITY RESIDENTIAL 1 (HDR1)…………………………………………….
4.9HIGH DENSITY RESIDENTIAL 2 (HDR2)
155
4.10PLANNED UNIT DEVELOPMENT (PUD)………………………………………………
CHAPTERS5& 6:CONCURRENTZONES…………………………………….….169
5.1 RESERVED
5.2MIXED USE (MU)
5.3CENTRAL BUSINESS DISTRICT (CBD)
CHAPTER 6: AGRICULTURE ZONES……………………………………………..187
6.0 STANDARDS FOR ALL AGRICULTURE ZONES
6.1TRANSITIONAL AGRICULTURAL 1 (TAG1)
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City of Rexburg Development Code: TABLE OF CONTENTS
6.2 TRANSITIONAL AGRICULTURAL 2(TAG2)
CHAPTER 7: COMMERCIAL ZONES……………………………………………..191
7.0 STANDARDS FOR ALL COMMERCIAL ZONES
7.1RESERVED
7.2COMMUNITY BUSINESSCENTER (CBC) ZONE
7.3REGIONAL BUSINESS CENTER (RBC)
CHAPTER 8: HIGHWAY BUSINESS DISTRICT ZONES…………………………215
8.0 STANDARDS FOR ALL HIGHWAY BUSINESS ZONES
8.1 RESERVED
8.2LIGHT INDUSTRIAL DISTRICT (LI)
8.3HEAVY INDUSTRIAL DISTRICT (HI)
CHAPTER 9:OTHERZONES………………………………………………………..227
9.1RESERVED
9.2 OPEN SPACE ZONE(OS)
9.3 PUBLIC FACILITIES ZONE (PF)
9.4RESIDENTIAL BUSINESS DISTRICT (RBD)
9.5TECHNOLOGY AND OFFICE ZONE (TOZ)
………………………………………………………..241
9.6UNIVERSITY DISTRICT (UD)
…………………………………….247
9.7PROJECT REDEVELOPMENT OPTION (PRO)
CHAPTER 10: SUPPLEMENTARY REGULATIONS
SUPPLEMENTARY REGULATIONSAPPLY BASED ON AREAS DESIGNATED WITHIN THE CITY.
253
10.1INFILL/REDEVELOPMENT STANDARD…………………….……………………….
………………………….………………….. 259
10.2PEDESTRIAN EMPHASISDISTRICT
…………...…………………...……………………………... 263
10.3CITY IMPACT AREA
267
10.4 SEXUALLY-ORIENTED BUSINESS OVERLAY (SOB)……………………………….
CHAPTER 11: SUBDIVISIONS……………………………………………......………271
SUBDIVISION REQUIREMENTS APPLY WHEN LANDIS SUBDIVIDED.
272
11.2 PROCEDURE……………………………………………………………………………...
278
11.3 DATA REQUIREMENTS…………………………………………………………………
11.4 GRID COMPLIANCE
283
11.5 REQUIRED IMPROVEMENTS………………………………………………………….
11.6 SPECIAL DEVELOPMENTS: CONDOMINIUM, SUBDIVISION WITHIN A
294
FLOODPLAIN, CEMETERYSUBDIVISION, AND AREAS OF CRITICAL CONCERN
CHAPTER 12: MOBILE/MANUFACTURED HOMES…………………………….301
12.2 MANUFACTURED/MOBILE HOME COMMUNITY
12.3 HEALTH & SANITATION
311
APPENDIX A: LAND USE MAPLINKS……….……………………………………….………
313
APPENDIX B: ENGINEERING STANDARDS…………………………………….…………..
……….331
APPENDIX C: HEMMINGPROJECT REDEVELOPMENT OPTION (PRO)……
………. 353
APPENDIX D: LAND USE TABLES…………………………………………….……
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City of Rexburg Development Code: ADMINISTRATION
CHAPTER 1: SCOPE AND ADMINISTRATION
SECTION 4: LAND USE ACTIONS
SECTION 1: SCOPE
1.04.010. Amendments to this Ordinance
1.01.010.Title
1.04.020. Hearing Procedures
1.01.020. Authority
1.04.030. Conditional Use Permits
1.01.030. Purpose
1.04.040. Subdivisions
1.01.040. Intent
1.04.050. Vacations
1.01.050. Applicability
1.04.060. Variances
1.01.060. Previous Ordinances and Maps
1.04.070. City Council Waivers
1.01.070. Severability
1.04.080. Permits Required
1.01.080. Relationship to Other Laws
1.04.090. Inspections
1.01.090. Violation and Penalties
1.04.100. Fees
1.04.110. Impact Area
SECTION 2: FACILITATORS
1.02.010. Economic Development Team1.04.120. Certificate of Occupancy
1.02.020. Strategic Development Team
SECTION 5: ENFORCEMENT PLAN
1.02.030. Zoning Administrator
1.05.010.Policy
1.02.040. DevelopmentReview Committee
1.05.020.Purpose
1.02.050. Design Review Board
1.05.030. Officers Responsibilities and Objectives
1.05.040. Enforcement Activities
SECTION 3: RECOMMENDING BODY
1.03.010. Planning and Zoning Commission1.05.050. Education
1.05.060. Communication and Coordination
1.03.020. Duties of the Planning and Zoning Commission
1.05.070. Block by Block Inspection
1.03.030. Membership and Term of the Commission
1.05.080. Evaluation Criteria
1.03.040. Organization of the Commission
1.05.090. Notices Used by Enforcement
1.03.050. Meetings of the Commission
1.03.060. Conflict of Interest1.05.100. Courtesy Notice
1.05.110. Correction Notice
1.05.120. Final Notice
1.05.130. Re-Occurring Violation
1.05.140. Abatement
1.05.150. Citation
1.05.160. Prosecution
1.05.170. Results
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:
a.
To protect property rights and enhance property values.
b.
To provide for the protection and enhancement of the local economy.
c.
To ensurethat important environmental features are protected and enhanced.
d.
To encourage the protection of prime agricultural lands for the production of food.
e.
To encourage concentration of population in urban areas with the goal of enhancing the quality of life for
the community.
f.
Toensure that development is commensurate with the physical characteristics of the land.
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g.
To protect life and property in areas subject to natural hazards and disasters.
h.
To protect recreation resources.
i.
To avoid undue water and air pollution.
j.
To maximize the use of existing infrastructure including roads, utilities, sewers and water facilities.
k.
To secure safety from fire and provide adequate open spaces for light and air.
l.
To implement the comprehensive plan.
The purposes of these regulations may be achieved through the following objectives:
a.
Harmonious development of the area.
b.
Coordination of streets and roads within subdivisionswith other existing or planned streets and roads.
c.
Adequate open space for travel, light, air and recreation.
d.
Conservation of or provisions for adequate transportation, water drainage,and sanitary facilities.
e.
Avoidance of population congestion as would involve danger or injury to health, safety, or general welfare
by reason of:
1.Lack of water supply, drainage, transportation, or other public services; or
2.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 Cityordinances 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.
a.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a
complaint with the Zoning Administrator.
b.
The Zoning Administratoror 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.
c.
The City Attorney may, in addition to taking whatever criminal action is deemed necessary, take steps to
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civilly enjoin any violation of this Ordinance.
d.
Any violation of the provisions of this Ordinance or any failure to comply with any of its requirements
shall constitute an infraction.
e.
Each day such violation continues beyond notice,shall be considered a separate violation.
f.
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.
g.
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:
1.Economic Development Team
2.Strategic Development Team
3.Application to Development Review Committee
4.Design Review Board (If needed)
5.Planning & Zoning Commission
6.City Council
SECTION 2: FACILITATORS
1.02.010.Zoning Administrator
There is hereby created the position of City of Rexburg Zoning Administrator.
a.
The Zoning Administratorshall be appointedby the Mayor and confirmed by the City Council.
b.
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.
c.Duties of the Zoning Administrator.
The Zoning Administratorshall administer the provisions of this
Ordinance, provide assistance to and guidance to the Commission and Council, and have the following
duties:
1.Advise interested persons of the Development Code provisions.
2.Notify the news media regarding matters of public interest.
3.Aid and assist applicants in the preparation and processing of applications.
Review.
4.The Zoning Administratoror a designee will review all plans and applications for compliance
to the Rexburg Development Code.
Assist Commission and Council.
5.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.
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Interpret Code.
6.In administering this ordinance, the Zoning Administratormay 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.
7.The Zoning Administratorshall serve as Chief Enforcement Officer of
this Title, and carry out the enforcement authorities of The Commission under section1.030.020.
Ordinance Violations.
8.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.
9.The Zoning Administratorshall 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.
10.The Zoning Administratorshall 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 theEconomic Development Teamfor informal
advice and direction. Such discussion shall be treated as advisory by both parties and a general record of the meeting
shall be created.
a.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.
b.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.
c.Members.
Members of the Economic DevelopmentTeam shall be the Economic Developer, the Zoning
Administrator,the Zoning Administrator, the City Engineer andothers as requested.
d.
It is recommended that the applicantdiscuss the application informally with the Economic Development
Teamprior 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 ofthe 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.
a.
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.
c.
Aninformal review by the StrategicDevelopment Teammay be requested by submitting a Meeting
Request formand any schematic development plansat least one week prior to the next scheduledStrategic
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 considerationto coordinate, expedite and assure fair and equitable implementation of this title.
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a.Policies and Procedures
1.The Development Review Committee shall act as an advisory bodyto the Zoning Administratorfor
site plans when no variance or deviation is requested.
Members.
2.The Development Review Committee shall consist of the Zoning Administrator, GIS
Department Head, City Engineer,Fire Department Inspector,Building Administratoror designees.
Advisory.
3.The Development Review Committee shall act as anadvisory 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.
DenialAuthority.
4.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.
5.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.
6.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 Departmentfor informal advice
and direction. Such discussion shall be treated as advisory by both parties and a general record of the
meeting shall be created.
c.Pre-Application.
An informal review by the City Planning & Building Departmentmay 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.
d.Application.
An application for consideration of a development proposal must be submitted utilizing a
form available from the Zoning Administratoror designee.
1.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
reviewedand changed by resolution of the City Counciland Mayor at such time asdeemednecessary.
1.A fee may be assessed for any service, including but not limited to the following:
a)Construction inspection fee
b)Notice and publication costs
c)Office checking and field engineering
d)Subdivision plat filing fee
2.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.
3.The initial formal review by an applicant or owner for a specific parcel shall be
conducted withan application fee.
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nd
2Fee
4.. A fee, set in accordance with the fee resolution adopted by the City Council,shall be charged
for a thirdor 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)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.
5.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:
a)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.
6.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.
a.Authority.
Zoning AdministratorReview.
1.The Planning and Zoning Commission delegates the authority
required to make a best effort, design review to theZoning Administratoror a designee. It is the intent
thattheZoning Administratoror a designee reviews the application and all submitted plans for
compliance to theDesign Standards as set forth in the Rexburg Development Code.
2.When the Design Requirements are not met, the applicant will be advised of the shortcoming and will
be advisedto either make the necessary changes for compliance or meet with the Design Review
Board.
b.Initiating a Meeting
Disagree with Zoning AdministratorReview.
1.If at any time, the person submitting the plans does
not agree with the review performed by the Zoning Administratoror a designee, he/she may request a
hearing by the Design Review Committee.
Zoning AdministratorRequest.
2.If the Zoning Administratoror 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.
3.The Planning and Zoning Commission at any time may request that a Design
Review Board be called together for acertain project review or as a re-review on a project completed
by the Zoning Administratoror a designee.
b.Organization
1.The Design Review Committee is made up of three (3) pools of individuals from:
a)The Planning and Zoning Commission (pool of all members)
b)The City Council and Mayor (pool of all members)
c)Professional Group (group of ten)
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2.Three (3) members of the committee should be present for project designreview. The Planning and
Zoning Assistantshall attempt to build a three (3) member committee by calling one (1) member from
each pool.
a)If the attempt is not successful, then the group may consist of three (3) members of any
combination of the pools.
b)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.
3.The Zoning Administratorshall recommend potential members from the privatesector forinclusion
into the Professional Group to the Mayor.
c.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:
1.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.
2.The City Plan Reviewer or designee outlines the specifics onwhy the current drawings do not meet the
prescriptive design requirements of the Development Code.
3.Each section of the design requirements is reviewed by the Board.
4.The applicant explains how the design meets the intent of the Design Review Requirement.
5.The Board deliberates and comes to a conclusion on an allowed design.
6.Written meeting reviewssetting forth decisions and findings shall be made. These records shall be
preserved as part of the official proceedings for each developmental proposal.
7.Thewritten meeting reviews are sent to all parties present at the meeting on the first possible date.
8.After follow-up with Board on written meeting review, the review is attached and included with the
Building Permit for the project.
9.The building plans areredrawn or redlined to identify the changes made by the Board.
10.All subsequent reviews are completed with the new plans.
d.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.
a.
The Commission shall have the authority to consider and recommend to the Council ordinances,
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amendments thereto, and repeal of ordinances affecting zoning, planning, and building within the City of
Rexburg.
b.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.
c.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.
d.
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:
a.Comprehensive Plan.
Conduct a comprehensive planning process designed to prepare, implement, review
and update a Comprehensive Plan.
Biannual.
1.Conduct a biannual review of this Ordinanceand its implementation of the
Comprehensive Plan.
b.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.
c.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 changein 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.
d.Proposed Amendments.
Review all proposed amendments to this Ordinance and make recommendations
to the Council. Initiateproposed amendments to this Ordinance.
e.Reviews.
Complete site plan and design standard reviews as provided for in this Ordinance.
f.Rulesand Regulations.
The Commission is authorized by the City of Rexburg and Madison County to
administer and enforce allrules and regulations pertaining to the area of the city impact for the City of
Rexburg as provided in Section10.3hereof.
g.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 definedin City Ordinance No. 770.
a.
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.
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b.
The Mayor shall ask and receive names of persons to serve on the Commission.
1.The length of term is three (3) years.
2.The terms shall be staggered.
Resident.
3. 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.
d.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.
e.
Members of the Commission may be removed for good cause by a majority vote of the full council.
f.
Members of the Commission may receive such mileage and per diem compensation as provided by the
Council.
g.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 withinthe 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.
h.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.
a.
The Commission may establish subcommittees, advisory committees or neighborhood groups to advise and
assist in carrying out its responsibilities under this Ordinance.
b.
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.
a.Newspaper Notice.
At least fifteen (15) days prior to the hearing, notice of the time and placeand a
summary of the amendment shall be published in the official newspaper or paper of general circulation
within the jurisdiction of Rexburg.
b.Mailing Noticefor Map Revision
.If the amendment is a map revision, additional notice shall be provided
bymail to property owners or purchasers of record of land within three hundred feet (300') of the external
boundaries of land being considered.
c.Posting.
Notice shall also be posted on the property to be rezoned not less than one (1) week prior to the
hearing.
d.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 atleast 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,
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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.
a.
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.
1.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 Planningand
Zoning Commission and the Council:
a.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.
b.Purpose and Subject.
The chairperson shall announce the purpose and subject of the hearing.
c.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.(See1.03.060)
d.Applicant Presents Proposal.
The chairperson shall ask the applicant to explain the proposal being
considered.
e.Questions.
The chairperson shall entertain questions from the Commission members regarding the
proposal.
f.Staff Report.
The chairperson shall ask the Zoning Administratoror designeeif there is any additional
discussion needed for clarification.
g.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.
h.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.
i.Open Public Hearing.
The chairperson shall ask for statements from others in the audience.
Recognized.
1.No person shall be permitted to speak until such person has been officially recognized by
the presiding officer.
Sign-up Sheet.
2.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.
3.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.
4.At the conclusion of a speaker’s comments, each member of the hearing body may address
questions to the speaker. If a time limithas been set, such questions and answers shall not be included
in the time limit.
Rebuttal.
5.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.
j.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.
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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.
a.
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.
b.
A quorum of the Commission shall consist of six (6) members.
c.
The Commissionmay 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.
d.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.
a.Action by Council.
Upon granting, modifying, or denying a request for amendment, the Council shall
specify:
1.The provisions of this Ordinance and the Comprehensive Plan and other standards used in evaluating
the application.
2.The reasons for approval or denial.
3.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.CommissionersRequest 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 decisionof the Commissionmay be appealed to the Council bysubmittingawritten appealto the City
Clerkwithin 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.
Authority.
1.The Zoning Administratorshall receive and direct appeals for the Impact Area, including
scheduling and coordinating.
Board of Appeals.
2.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.
Time Limit.
3.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.
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SECTION 4: LAND USE ACTIONS
1.04.010. Application.
The applicant shall provide the Zoning Administratorwith the following information:
a.
Name, address, and phone number of applicant.
b.
Name, address, and phone number of owners of the property, if owner is not the applicant.
c.
Legal description of the property
d.
Existingand proposed use
e.
Existingand proposed zoning district.
f.Vicinity Map.
For map revisions, avicinity 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.
a.Initiation of Ordinance Amendments.
Amendments to this Ordinance may be initiated in one of the
following ways:
Application.
1.(See 1.04.010.)By the filing of an application by a property owner or authorizedagent
with the area proposed to be changed by the amendment.The applicant shall provide the Zoning
Administratorwith the followingadditionalinformation:
Narrative Statement.
a)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.
b)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.
2.By adoption of a motion by the Commission
3.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 adoptor
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.)
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Summary Table of Appropriate Land Uses for
each Comprehensive Plan Map Designation:
(Amended 03 May, 2017 by Ordinance 1159)
Comprehensive Plan DesignationAllowable Zoning District
TOZ Technology and Office Zone
RBC Regional Business Center
Commercial
GBDGeneral Business Center
CBCCommunity Business Center
LI Light Industrial
Light Industrial
TOZTechnology and Office Zone
CBDCentral Business District
Downtown Commercial Mixed Use
MUMixed Use
MUMixed Use
OSOpen Space
CBCCommunity Business Center
Neighborhood Commercial Mixed Use
CBDCentral Business District
TOZTechnology and Office Zone
RBCRegional Business Center
PFPublic Facilities
Public FacilitiesPoint of reference & may be included in any
zone
MDR1Medium Density Residential 1
MDR2Medium Density Residential 2
Moderate to High Density Residential
HDR1 High Density Residential 1
HDR2High Density Residential 2
LDR2Low Density Residential 2
LDR3 Low Density Residential 3
Low to Moderate Density Residential
MDR1 Medium Density Residential 1
MDR2Medium Density Residential 2
RR1 Rural Residential 1
RR2 LDR1 Rural Residential 2
Single Family ResidentialLDR2Low Density Residential 1
LDR3Low Density Residential 2
Low Density Residential 3
TAG1 Transitional Agriculture 1
Agriculture / RuralTAG2 Transitional Agriculture 2
OSOpen Space
Open SpaceOSOpen Space
UniversityUDUniversity 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:
1.The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste
collection and disposal, and other utilities.
2.The capacity of existing public services, including but not limited to, public safety services, public
emergency services, schools, parks and recreational services.
3.The potential for nuisances or health and safety hazards that may adversely affect adjoining properties.
4.Recent changes in land use on adjoining properties or in the neighborhood of the map revision.
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d.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.
a.Application.
(See 1.04.010.)Anarrative 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 followingon the adjoining property: noise, glare, traffic
generated, vibration, odor, fumes, drainage, building height, massing, and solid waste.
b.Studies.
The Commission or Council may require that the applicant conduct studies of the social,
economic, fiscal, and environmental effects of the proposed use.
c.Hearing.
Prior to issuing a conditional use permit, at least one public hearing shall be held.(See 1.03.050.)
d.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
Section 4.00.040.
Home occupations under
Household goods warehousing and storage
Nursery Schools
Parks
Reduced parking space size in parking structures
1.All other conditional use permits may only be granted after review and recommendation by the
Commission and approval by the City Council.
e.Standardsfor 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 willcomply with
the following:
Be Listed as Conditional Use.
1.Constitute a conditional use as established inthis Development Code.
Comprehensive Plan.
2.Be in accordance with a specific or general objective of the city’s
Comprehensive Plan and the regulations of this Ordinance.
Harmonywith Adjacent.
3.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.
4.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.
5.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.
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a)If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded
sufficiently to serve the proposed use.
Traffic.
6.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.
7.Be effectively buffered to screen adjoining properties from adverse impacts of noise,
building size and resulting shadow, traffic, and parking.
Slope and Soil.
8.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.
9.Not result in the destruction, loss or damage ofa historic feature of significance to
the community of Rexburg.
f.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 thepermit may
include but not be limited to:
1.Minimizing adverse impact on other developments.
2.Controlling the sequence and timing of development.
3.Controlling the duration of development.
4.Assuring the development is properly maintained.
5.Designating the exactlocation and nature of development.
6.Requiring the provision for on-site or off-site public facilities of services;
7.Requiring more restrictive standards than those generally required in this Ordinance.
g.Action by the Commission/Council.
(See 1.03.090.)
h.FormalNotice.
Formal notice will be sent to applicant after approval of a Conditional Use Permit.
1.Notice will state the conditions of the permit.
i.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
a.Violations
1.No personal shall subdivide any tract or parcel of land except in compliance with the provisions of this
ordinance.
2.No personshall 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,orto dedicate a
street right-of-way or easement.
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a.Procedure.
All vacations shall be done in accordance with state statutes.
1.Complete and file an application with the City and provideother information required by law.
2.Upon receipt of the completed application and other information required, the City affixes the date of
application acceptance on the application.
3.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.
4.The Commissionshall establish a date for a public hearing and give such public notice as required by
law.
5.City departments shall submit comments on the vacating application prior to the Commissionmeeting.
Commission.
6.The Commission willreview the request and any agency response and make a
recommendation to the Council for approval, conditional approval or denial.
Council.
7.The Council may approve or deny the application.
DedicationApproved.
8.When a dedication is approved, any required street improvement shall be
constructed or abond furnished assuring construction, prior to acceptance of dedication, unless other
requirements or agreements have been previously approved by the Council. (See Final Plat
Development Agreementin Subdivision Chapter.)
Deed.
9.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.
10.When public right-of-way lands are vacated, the Council shall provide
adjacent property owners with adeed for said vacated rights-of-way in such proportions as described
by law.
Record with County.
8.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.
a.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:
b.Conditions.
To approve a variance, the Commission must find, in writing, that the application for a
variance fulfills all of the following conditions:
1.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;
2.Failure to approve a variance will result in undue hardship;
a)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
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restrictions, norcan hardship be claimed in terms of prospective sales or potential customers.
3.The alleged hardship has not been created by the action of the applicant or the property owner;
4.Approval of the variance is not in conflict with public interest.
5.The waiver will neither have the effect of nullifying the intent and purpose of the Comprehensive Plan,
zoning, or the Development Code.
c.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.)
d.Supplementary Conditions and Safeguards.
In granting any appeal or variance, the Commission may
prescribe appropriate conditions and safeguards.
1.The Commission may not grant a variance to permit a use not authorized under the terms of this
Ordinance.
e.Action by the Commission.
(See 1.03.080.d. and 1.03.090.)
f.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 theCommunity 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:
1.Name, address, and phone number of applicant.
2.Name, address, and phone number of owners of the property, if owner is not the applicant.
3.Legal description of the property.
4.Existing use.
5.Proposed use.
6.Zoning district.
7.A site plan drawn to scale showing:
a)the actual dimensions and the shape of thelot to be built upon;
b)the exact size and location of existing buildings on the lot, if any;
c)the exact location and dimensions of the proposed building, sidewalk, driveway, carport, parking
area or any other structure or alteration;
d)the location, layout, and access of proposed on-site parking;
e)Number and dimensions of off-street parking spaces and loading berths.
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f)the location and type of landscaping, fencing, and screening proposed on the lot;
g)Proposed water and sewer facilities.
h)Existing and proposed easements.
i)Proposed storm drainage for multi-family,commercial and industrial developments.
Elevations.
8.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 7of this Ordinance
and to show building heights.
9.Such other matters as may be necessary to determine compliance with City ordinances.
b.PermitsIssuance
1.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.
2.Any license or permit issued in conflict with such provisions shall be void.
3.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 codesin the course of construction, installation, and repair.(Ex:
buildings, fire hydrants, water supply, sewage, disposal systems, etc.)
1.The City Engineer’s office will inspect all construction of improvements that will be accepted and
maintained by the City.
a)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.
2.The developer will be required to construct or have constructed all property improvements as required
for the development of any proposed subdivision.
Excavations.
3.Excavationsfor 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.
Uncover.
4.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.
b.Manufactured/Mobile Home Community Inspections.
The Building Inspector is hereby authorizedand
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.
Inspect Register.
1.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.
Right of Entry for Enforcement.
2.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
relatingto the enforcement of regulation set forth in this Ordinancewiththeowner’s permission.
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Owner Grants Access.
3.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 premiseswhere
Manufactured/Mobile Homes contained therein, upon notice to the management at reasonable times
for the purpose of inspection.
Occupant Grants Access.
4.It shall be the duty of every occupant, owner, or agent thereofof a
community to give the cityemployee 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 pursuantto the provisions of this chapter.
Violation of Inspections.
5.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.
a.
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 CityImpact 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.
a.
The methods used will primarily be through education in conjunction with enforcement as needed.
b.
While serving the public, City Staffwill treat the public with dignity and respect, with a positive attitude,
and a collaborative spirit.
c.
City Staffwill develop processes and procedures to effectively serve the public.
d.
City Staffwill stay informed and educated on current issues with code enforcement and develop needed
skills to deliver professional services.
e.
Code enforcement will work in cooperation with a variety of other agencies and take part in community
events toserve 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.
a.Education.
Educate property owners and renters of their responsibilities to maintain their property as it
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pertains to the standards set forth in City of Rexburg codes.
b.Enforcement.
Enforce the codes in accordance with established policies and procedures. Seek compliance
through education and enforcement.
c.Cooperation.
Work with individual property owners, landlords, occupants, renters and businesses.
d.MinimizeNegative 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.
1.Debris and garbage on properties
2.Inoperative vehicles
3.Weeds
4.Illegal Housing Units.
1.05.040.EnforcementActivities
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 theirindividual 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 Administratorand Public Information Officer. Information will be disseminated through:
a.
Flyers, newsletters
b.
Monthly activities in coordination with specific seasons of the year
c.
Newspaper features on “things to know about code enforcement”
d.
Surveys and Questionnaires
e.
TV news stories
f.
Web Page information
g.
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:
a.
Animal control—number of dogs allowed per household
b.
Building Department-dangerous buildings
c.
Church Groups
d.
Civic and Service Organizations
e.
Fire Department-unsafe structures, burnt structures, home addressing and size of letters, hydrants, access
issues, etc.
f.
Health Department—safety and unsanitary conditions in or around homes or businesses, and infestations
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g.
Neighborhood Associations
h.
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 sectionedanddelineated by major traveled
arteries.
a.Evaluation.
Properties will be evaluated for the target violations of debris, inoperative and/or unlicensed
vehicles, weeds, and graffiti.
b.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
trustwill be built.
c.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 gatheredfrom each inspection.
c.
Other less tangible ways to evaluate the program will be:
1.A decline inout-migration of residents and businesses from the neighborhoods
2.Aesthetic improvements of structures and landscaping
3.Increase self-initiative by the residents to take their own actions to correct code violations
4.Observe the improvements of safe and sanitary living conditions
5.Stabilize property values
1.05.090. Notices and Procedures Used by Code Enforcement
a.
Courtesy Notice
b.
Correction Notice
c.
Final Notice
d.
Re-Occurring Violation Notice
e.
Citation process (as needed)
f.
Prosecution process (as needed)
g.
Process for open and accessible vacant buildings
h.
Dangerous building abatement process
i.
Code enforcement money handling procedure
j.
Voluntary community service
k.
Recognition awards
l.
Code Enforcement development
m.
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
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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 isto acknowledge receiving the notice and to show a
plan of action to correct the problemand 2)The other portion is information for the officer to track the case.
1.05.110. Correction Notice
This notice ismailed on the same day as the courtesy notice. The noticewill 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 willbegin from the post of theCourtesy notice.
1.05.120. Final Notice
The final notice is the last effort to get the property owners attention before further action is takenor 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 theten (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 hasbeen exhausted.
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City of Rexburg Development Code: DEFINITIONS
CHAPTER 2: DEFINITIONS
For the purpose of this Ordinance, the following wordsor phrases shall have the meaning respectively ascribed to
them herein.
Abandonment: To cease or discontinue a use or activity without intent to resume,but excludingtemporary 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
durationunless 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.
AccessWay:An unobstructed way of specified width containing a drive or roadway which provides vehicular
access.
Agriculture:For land designated as agriculture use,agricultureshall bethe 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’sinterpretation 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, orheight.
Automobile Wrecking Yards:(See junk yard.)
Awning:A projectingcover 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 aroof 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 thepublic 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.
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City of Rexburg Development Code: DEFINITIONS
Bed and BreakfastInn: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 siteor 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 owneror
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.
BufferArea: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 toand 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.
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City of Rexburg Development Code: DEFINITIONS
Carport: A stationary structure consisting of a roof with its supports and not more than one wall used for sheltering
a motor vehicle.
CarWash: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
Directorand 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 streetsand 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.
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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 weekfor seven (7) or morechildren.(SeeSection 4.00.040Home 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 peracre, 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 includethe 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 notfulfill 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 Inspectoror 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:Aresidential structure separatedinto 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.
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City of Rexburg Development Code: DEFINITIONS
Dwelling, Multi-family:A detached residential building containing three or more dwelling units, including what is
commonly known as an apartment buildingor 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 orconvalescent 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 Idahoregistered 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 withinthe 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 walkwaysbut not including alleys.
Family:A group of one or more persons occupying a dwelling unit and living as a single, nonprofithousekeeping 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
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City of Rexburg Development Code: DEFINITIONS
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 existand 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.
e.
Channel:Anatural or artificial watercourse of perceptible extent, with definite bed and banks to confine
and conduct continuously or periodically flowing water.
f.
Flood:The temporary inundation of land by overflow from a river, stream, lake, or other body of standing
water.Ageneral 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.
g.
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.
h.
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.
i.
Floodway:Thechannel of a river or other watercourse and the adjacent land areasthat must be reserved in
order to discharge the base floodwithout cumulatively increasing the water surface elevation more than one
(1’) foot at any point.
j.
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.
k.
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
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City of Rexburg Development Code: DEFINITIONS
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-wayincluding 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.
Fullyshielded: The luminaire and its mounting, taken as a whole, allowingno direct light above the horizontal.
Grade:For purposes of defining building height, gradeshall 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”, gradeshall 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.
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.
b.
A grandfathered right also may be lost by a significant upgrade or change in use of a facility.
c.
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-likeenvironment. (See Idaho Code
65-6731.)
Health Department:Refers to District 7 Health Department, which is a State Agency, administered at the County
levelresponsible for certain reviews and approvals.
Health/RecreationFacility:An indoor facility including uses such as game courts, exercise equipment, locker rooms,
Jacuzzi, and/or sauna andpro 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 likestructure, 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.
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City of Rexburg Development Code: DEFINITIONS
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 areaof 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 ofirrigation 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.
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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 parcelsas shown on a recorded subdivision plat or by
metes and bounds description for purposes of sale, lease, or separate use.
a.
“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.
b.
“Interior Lot” A lot having but one (1) frontage abutting on a street.
c.
“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
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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:
a.If the side property lines are parallel, the shortest distance between these side lines.
b.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 inwhich the lot is located.
The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
c.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 HomeParkor 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:Afactory-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 Statutesand
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 parcelsin 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
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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 weekfor six (6) or fewerchildren. (SeeSection 4.00.040Home 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 vehiclesin 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 theparking of one motor vehicle. (See
Section3.4 Parking Regulation.)
Pedestrian Emphasis District(PED):Adistrict overlaycreated near the BYU-I campus that allows less parking and
higher density for residential units. (Seesection 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 buildingstructures 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 forthe purpose of selling, leasing, or renting lots or estates, whether fronting on private or dedicated streets
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City of Rexburg Development Code: DEFINITIONS
and may include two or more principal buildings as governed by the Development Code.
Plat:A map of a subdivision.
a.“Preliminary Plat” -A preliminary map, including supporting data, indicating a proposed subdivision
development, prepared in accordance with this ordinance and the Idaho Code.
b.“Final Plat” -A map of all or part of a subdivision providing conformance to an approved preliminary plat,
prepared by a surveyor in accordance with this ordinance and the Idaho Code.
c.“Recorded Plat” -A final plat bearing all of the certificates of approval required in this ordinance and duly
recorded in the Madison County Recorder’s Office.
d.“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 Administratorand 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 extendoutward from the face ofa 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 aprivate 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.
Avehicle that is:
a.Built on a single chassis,
b.Four-hundred (400)square feet or less when measured at the largest horizontal projection,
c.Designed to be self-propelled or permanently towed by a light duty truck, and
d.Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
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City of Rexburg Development Code: DEFINITIONS
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 streetor 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 ofthe 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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City of Rexburg Development Code: DEFINITIONS
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) acreswith 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 andmay
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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A
Blade
rchitectural
Banners
Sign
Animated Sign
Blade Sign
Changeable Copy
Panel (Readerboard)
Canopy Sign
Construction
(PUBLIC)
Direct Lighted Sign
Free-standing
(PRIVATE)
Detached Sign
Indirect Lighting Sign
Directional Sign
Illuminated Sign
For Sale, Rent or
Lease of Real
Flood Lit &
Estate
Monument Sign
Super Graphics Sign
Projecting
Portable
Wall Sign
Sign
Temporary Sign
Public Service Signs
Swinging Sign
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City of Rexburg Development Code: DEFINITIONS
Under Canopy SignMarquee SignWall 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 atranslucent 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.
a.
If a sign is connected to awall,it counts as part of wall signage
b.
If a sign is connected to apole,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 installedon 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.
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City of Rexburg Development Code: DEFINITIONS
Sight Triangle:The triangle of land formedon 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
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/mobilehome.
Standard Drawings and Specifications:Standard drawings and specifications are defined as the Rexburg
Engineering Department Standards Specifications and Drawingsas 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
constructionof 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.
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City of Rexburg Development Code: DEFINITIONS
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.
a.Alley:A public service way used to provide secondary vehicular access to properties otherwise abutting
upon a street.
b.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.
c.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.
d.Cul-de-sac:A short local street having one end permanently terminated in a vehicular turnaroundwith a
length of no greater than six-hundred (600’) feet.
e.Frontage:A minor street parallel and adjacent to an arterial route and intercepts local streets and controls
access to an arterial route.
f.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.
g.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.
h.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:Awalled 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:Occurswhen 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
a.
If the structure has been damaged and is being restored before the damage occurred.
b.
The term does not, however, include either:
Any project for improvement of a structure to comply withexisting state or local health, sanitary, or safety
a.
code specifications which are solely necessary to assuresaving living conditions, or
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City of Rexburg Development Code: DEFINITIONS
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of
b.
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 termincludes the structure and any
support thereto. This term excludesthose 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) dwellingsthat each own the property that they
are built onand 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 landshall 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.
UtilityYard: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.
Vacantproperties: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.
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City of Rexburg Development Code: DEFINITIONS
Yard: Any open space located on the same lot with a building, unoccupiedand 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 lineof the main building unless
otherwise noted in the Development Code.
a.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.
b.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.
c.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 heightsare established for buildings.
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City of Rexburg Development Code: ZONES
CHAPTER 3:ZONES
3.1Establishment of Zones
6.2 Transitional Agricultural 2 (TAG2)
3.2Determination of District Boundaries
7.1 Reserved
3.3Lots Divided by District Boundaries
7.2Community Business Center (CBC)
4.1Rural Residential 1 (RR1)
7.3Regional Business Center (RBC)
4.2 Rural Residential 1 (RR2)
8.1 Reserved
4.3Low Density Residential 1 (LDR1)8.2 Light Industrial District (LI)
4.4 Low Density Residential 2 (LDR2)8.2 Heavy Industrial District (HI)
4.5 Low Density Residential 3 (LDR3)
9.1Reserved
4.6 Medium Density Residential 1 (MDR1)
9.2Open Space (OS)
4.7 Medium Density Residential 2 (MDR2)
9.3Public Facilities (PF)
4.8 High Density Residential 1 (HDR1)
9.4Residential Business District (RBD)
4.9 High Density Residential 2 (HDR2)
9.5Technology and Office (TOZ)
5.1 Reserved
9.6University District (UD)
5.2Mixed Use (MU)
9.7Project Redevelopment Option (PRO)
5.3Central 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:
ResidentialZones
Commercial District Zones
(a)Rural Residential 1 (RR1)(n)Community Business Center (CBC)
(b)Rural Residential 2 (RR2)(o)Regional Business Center (RBC)
(c)Low Density Residential 1 (LDR1)
(d)Low Density Residential 2 (LDR2)Highway Business District Zones
(e)Low Density Residential 3 (LDR3)(p)Light Industrial District (LI)
(f)Medium Density Residential 1 (MDR1)(q)Heavy Industrial District (HI)
(g)Medium Density Residential 2 (MDR2)
OtherZones
(h)High Density Residential 1 (HDR1)
(r)Open Space (OS)
(i)High Density Residential 2 (HDR2)
(s)Public Facilities Zone (PF)
ConcurrentZones
(t)Residential Business District (RBD)
(j) Mixed Use (MU)
(u)Technology and Office Zone (TOZ)
(k) Central Business District (CBD)(v)University District (UD)
(l)Transitional Agricultural 1 (TAG1)(w)Project Redevelopment Option (PRO)
(m)Transitional Agricultural 2 (TAG2)
3.01.030 Determination of District Boundaries
Unless otherwise defined on the Rexburg Zoning Map, district boundaries are the quarter lines or center lines of ten (10)
acre blocks; platted lot lines; property lines; the center lines of streets, alleys, or railroad right-of-way (or such lines
extended); government survey lines; municipal limit lines; or the center lines of streams.
3.01.040 Lots Divided by District Boundaries
If a parcel or lot is divided by district boundaries, therequirements of the most restrictive district shall apply to the property.
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INTENTIONALLY LEFT BLANK
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City of Rexburg Development Code: ZONING STANDARDS
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 Administratorand 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 aprincipal 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 seven (7’) feet above the centerline grades of the
intersecting streets.
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City of Rexburg Development Code: ZONING STANDARDS
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’) feetas specified in the IRC building
code.
b.Accessory Building & Commercial Building and Greater Than Single-family,Residential Dwelling.
The distance between an accessory building and a commercial main buildingor an accessory building and a
dwellingwhich contains more than onesingle familyon 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 distancebetween 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 permittedprincipal 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,
providedthat 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 requirementsin 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.
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
buildingis:
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City of Rexburg Development Code: ZONING STANDARDS
(Residential)
1)larger than two hundred (200) square feet or tallerthan ten (10’) feet in height.
(Commercial)
2)larger than one-hundred-twenty(120) square feet or taller than ten (10’) feetin
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.
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 requiredwhen the accessory buildingis larger than two-
hundred (200) square feet for single-family, residential,buildingusesand one-hundred-twenty(120)
square feet for commercial buildingsand 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 zoneor 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.
In all zones,thearea between the curb and gutter and the sidewalk is to be landscapedwith trees and
shrubs.
1.Landscaping shallbe maintainedin its original design and purposeby the adjacent property owner.
c.
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.
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.
1.Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
2.Stairways, balconies, door stoops, fire escapes,fireplaces, bays, awningsand planter boxesor other
similar structures.
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a)Provided they do not exceedthirty (30”) inchesin heightfrom 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.
Side or Rear Yard.
4.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 Administratoror 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.Landscaping must be maintained as in its original design and purpose.
b.Parking Areas.
(See 3.04.040.e.)
c.Commercial/Industrial Uses.
Where a commercial or industrial use adjoinsresidential zones, or
undeveloped land shown asaresidential use on the Comprehensive Plan, there shall be providedalong 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 HDR1or HRD2 districtadjoins 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 providedon said property line. (See3.02.100.a. for tree and bush
sizes.)
2.When a public street is located between the front lot line of the HDR zone and asingle-family zone, a
landscaped buffer seven (7’) feet wide or as required for front yard setbacks, whichever is greater,shall
be constructed and maintained onthe front lot line.
a)The landscaping shall be planned .
e.Highway 20 Corridor
. All development adjacent to the Highway 20 right-of-way must submit a site plan
to the Zoning Administratoror designee to be approved for designprior 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.
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City of Rexburg Development Code: ZONING STANDARDS
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 7.5may 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.
5.Landscaping must be maintained as in its original design and purpose.
f.Infill/Redevelopment Buffering.
Buffering is increased as per Section10.1:Infill/RedevelopmentProjects.
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 approvedby the Zoning Administratoror 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 zones, 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 Administratorthat 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 plantedwith 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 Triangledefinition in Chapter 2)
a.Fence TypesNot Permitted.
Floodplain.
1.No fence shall be constructed in the floodwaywithout 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 thePlanning 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 heightmeasured from the natural grade of the property on which it is
located.
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d.
Fences would be allowed between three (3’) to six (6’) feet high if constructed out of rigid materials and
approved bythe Zoning Administratoror designeewith 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.
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”) incheswithin 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 andCounty.
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 shallbe 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 thantwenty-
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
Administratoror designee prior to installation.
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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 zonemust submit, prior to beginning construction:
a.
Asite plan (including a drainageand landscapeplan) for review and approval by City of Rexburg Building
Department.
b.
Drainage on to an adjacent lot not owned by applicant is not allowed.
c.Commercial Projects.
All project plansand engineering specificationsin 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
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 3.05.100.c.)
3.02.150.Dormitory
Dormitory is subject to commercial design standardsin 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.
a.Application required.
On the application there will be a notice to check with the mortgage planner for
said property. There will alsobe 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 NeighborhoodCompatibility for Parking, Screening,
Lighting and Landscaping to be approved by the Zoning Administratoror designee.
c.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.
d.Violations.
Three (3) violations of City Ordinances will trigger revoking of RentalRegistration.
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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).
a.Purpose and objectives.
Purposes.
1.It is the purpose of this sectionis 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 thatthose 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 increasesin erosion or in flood heights or velocities.
b)Requirethat 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 regulatethe 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 men 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 alteredor relocated as a result of proposed
development.
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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.
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., whereavailable.
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).
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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.
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
enteringor 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
infiltrations 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 becertified by a
registeredprofessional 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.
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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.
7.All development (residential/nonresidential) needs to have the first floor elevated at or above the Flood
Protection Elevation (FPE).
j.Subdivision Proposals
(See 14.06.020.)
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 sitefor 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.Arecreational 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 levelsduring the occurrence
of the base flood discharge.
m.Appeal Board & Variance Procedures
for3.02.180.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 existingbuildings 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 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:
1.The prevention of fires
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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
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.
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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 ormoved 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 ofthe 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)Chainsand 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 insideturning 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 pointmay 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 apparatusand 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.
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Turnarounds.
3.(See 3.02.190.f.6.)Driveways in excess of one-hundred-fifty (150’) feet shall be
provided with turnaroundsfor 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.
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 equipmentand 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 firealarm 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 minimumone (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.
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f.Hydrants.
Fire hydrant shall not be installed closer than forty (40’) feet and/or ataccess 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.
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.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 tothis 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 thatcomply 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, maintenanceand 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.
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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.
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 theCity 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 shallcomply 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 BUILDINGSIN 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 bechanged 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
a.
Maintenance and repairs necessary to keep nonconforming uses in sound condition shall be permitted.
b.
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:Parkingsection 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
a.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 ofsubstandard 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 thesezonesshall 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. Proximityof 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
a.
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%) percentincrease in parking required in this chapter, off-streetparkingand loading spaces are
required.
Parking Plan.
1.(See 3.04.120.)A parking plan shall be submitted to and approved by the City
Engineer.
b.
All new parking lot construction or changes in parking lots require a building permit.
c.
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. Proximityof Parking
a.Off-Street Parking.
Off-street parking shall be located within two hundred (200’) feetof the primary
entrance of the building. This distance shall be measured from along an accessible route that apedestrian
would use.
CUP.
1. The Planning & Zoning Commission may allow a greater distance with a Conditional Use
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Permit(CUP).
Exception:
2.This does not apply in CBD,MUzones.
3.04.040. Parking Areas
a.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 withinsixty (60’) feet of an intersection with an arterial street.
b.Front Yard Parking.
(See 7.00.080.)
1.Parking spaces and maneuvering areas shall not be provided within a required front yard. Front yards
shall be dedicated to landscaping.
Exceptions:
a)
RBD.
1)Except in RBD, where an existing conforming driveway access has been provided.
CBC.
2)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
3)(excluding mixed-use zones) driveways may encroach intothesetback
up to ten(10’) feetfrom right-of-way. Such yards shall be dedicated to landscaping.
Sight triangleor Exits.
2.No parking spaces shall be located in the clear sight triangle or immediately
adjacent to an exit to a public right-of-way.
c.Right-of-Way.
1.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.
2.No parking areashall be designed or constructed to create a situation in which vehicles back into the
public right-of-way.
Exception:
a)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 theZoning Administrator)or provide a parking lot
that meets all applicable standards for the underlying zoning.
e.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.
Large Parking Lots.
1. 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.
2.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.
3.Parking areas of four (4) or more vehicles shall dedicate ten (10%)
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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.
4.
Required Buffer.
a)
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. (See3.02.100.)
2)Asix (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.ashall 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.
Commercial Parking Areas.
b)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 bushesas
described in 3.04.040.e.4a.
Safety
3.. 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.
a.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
4., no less than five (5’) feet in width, (six (6’) feet in width where vehicle overhangwill occur),
along facades abutting public parking areas.
Drainage.
5.Parking spaces shall be provided with adequate drainage which shall not run across a public
sidewalk.
Lighting.
6.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.
a.
Asphalt is not allowed for sidewalks crossing driveways and for the driveway approach between the street
and the sidewalk (SeeAppendix B: City Engineering Standards.)
b.
Parking areas shall be provided with paved access from a public street.
c.
No more than forty (40%) percent of the front yard shall be covered with asphalt or gravel.
d.Storage Facilities.
Asphalt or concrete is not required for storage areas or storage facilities when an
improved and maintained gravel surface is provided (SeeAppendix B: City Engineering Standards.)as long
as the following three (3) requirements are met:
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Driveway.
1.Provide a sixty (60’) feet minimum long concrete or asphalt access drivewayisbetween
the aforementioned lot and the public right-of-way.
Loading Space.
2.Provide a forty by twelve (40x12) square foot loading space (as per 3.04.080without
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.
3.Provide ample dedicated off street parking separate from the storage area.
3.04.070.Drivewaysand 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).
Residential
One-Way Circulationparking lots
(30 spaces or less)
Angled spaces (degrees)30456090
Aisle width (feet)1315182420
Aisle width (feet)for
22
Parking Structures
a.
The City Engineer may allow twenty (20’) feet wide aisles on a case-by-case basis for residential parking
lots servingover 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 manufacturinguses shall provide adequate off-street loading and unloading areas.For changes
of occupancy use, loading spaces and loading space access shall be required.
a.
Any building used for retail or wholesaleor manufacturingshall provide one (1) off-street loading space
per ten thousand (10,000) square feetat least forty bytwelve (40’x12’) square feet with an unobstructed
height of fourteen feet,six inches (14’6”).
Change of Use.
1.When the use of a building changes, loading spaces will be required unless applicant
provides information to staff identifying acceptable alternate means.
b.Additional Spaces.
Additional spaces may be required by the City Engineer or Planning and Zoning
Commission.
c.Availability.
Loading and unloading spaces shall bepermanently available.
d.Maneuvering Area.
Maneuvering for loading and unloading spaces cannot use rights-of-way, except
alleys.
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e.Surface.
Loading and unloading spaces shall be surfaced with concrete or asphalt.
f.Exception:
CBD. Office and other buildings without large deliveries are not required to have a loading
space.
3.04.090. Parking Rules
a.
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 BUSINESSDISTRICT
1.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.
2.RBDcorner 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.
1.Additional off-street parking may not be required for some new uses.
2.Occupancies that require more parking must provide off-street spaces.
3.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 orsubstitute off-street
parking is provided within two-hundred (200’) feet of the main entrance of the use.
f.(UD) UNIVERSITY DISTRICT
Permissible Lot Coverage.
1.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 Administratoror 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.
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TABLE 3: Minimum Number of Parking Spaces required areas follows:
RESIDENTIAL DWELLINGS
Single-Family Dwellings2Spaces per Unit
Multi-Family Dwellings2Space per Unit
High Density
1 Bedroom1.5 Spaces per Unit
2 Bedrooms2 Spaces per Unit
3 Bedrooms2 Spaces per Unit
Townhouses2 Spaces per Unit (off-street parking)
RESIDENTIAL USES
Congregate Residence1Space per Occupant
(unless otherwise approved by the Zoning Administrator)
Dormitory Housing1Space per Occupant
Motels and Hotels (Transient Lodging)
1Space per Sleep Room plus 1 Space per Employee at Highest Shift
Multi-Family Dwellings for Elderly
1Space per Unit
Nursing Homes
0.25 Spaces per Bed
Short-Term Rentals, (including
2Spacesfor Owner/Manager plus 1 Space per Bedroombeing rented.
Boarding House, Bed and Breakfast)*No on-street parking allowed.
BUSINESS OR SERVICE
SPACES
(per 1,000 square feet of gross floor area)
All warehousing (plus 3 spaces per 1,000 square feet of office, retail, or other public area)
0.2
Automotive, marine craft, aircraft and accessories (does not include repair garages)
Building materials, hardware and farm equipment
1
Furniture, home furnishings, and equipment
Manufacturing (plus 3 spaces per 1,000 square feet of office, retail, or other public area)
Contract construction services
2Wholesale trade
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All other services
Automotive, marine craft, aircraft and accessories (salesand service)
Business services
Doctor offices and all other medical services and professional services
3
Finance, insurance, and real estate services
Food (non-restaurant)
Travel services
General merchandise
Indoor recreation facilities
4*Medical Clinic
Shopping centers –Mixed Uses Fewer than 200,000 square feet
Health Clubs
Restaurant in CBD zone
5
Shopping centers –Mixed Uses Over 200,000 square feet
Beauty and Barber services
6
Sit down restaurant
10
*
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 perpatient 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
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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 usesof 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:
a.
There is no conflict during operating hours, for the structure, or for the parking facilities proposed.
b.
Entrances for both uses must be within 200’ from their primary entrances.
c.
Submit a written agreement for joint use to the City Attorney from both parties which contains the
following:
1.Names & addresses of those owners or tenants that will share parking
2.Map or drawing showing location and number of parking spaces to be shared
3.An analysis showing peak parking demand for different uses at different times
4.Legal instrument (easement or deed restriction) that guarantees access to joint parking for all uses.
5.Agreement, when approved, shall be recorded in the County Recorder’s office.
d.
Total requirements for off-street parking shall be the sum of the requirements for various uses with the
development or structure.
e.
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.
AParking 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
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.75 to 1 ratio for Dormitory Developments upon a showing of adequate parking plan submittal and acceptance by the
Zoning Administrator.
a.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.
1.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.
a)Parallel parkingspaces shall be a minimum of nine (9’) feet wide by twenty-
two (22’) feet in length.
“Developer Option”
b).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
c).Up to twenty-five (25%) percent of the spacesmay be allocated for compact cars
with a minimum of eight (8’) feetwideby sixteen (16’) feetlong. Spaces for compact cars shall
be signed or otherwise designated and shall be located in rows separate from parking for larger
vehicles.
Parking Structure.
d)Off-street parking spaces shall be at least nine (9’) feet in width and at least
eighteen (18’) feet in length. For compact carsparking spaces shall bea minimum of eight (8’)
feet in width by fifteen (15’) feet in length.
Parking Structure
1).Plans for a parking structure must be approved by the City Engineer,
the Fire Marshall and the Zoning Administrator.
CUP
2).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
2.
a)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.
b)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.
c)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.
d)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)
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b.Evaluatingthe Plan.
The following items shall be considered when evaluating a parking plan:
1.On site, how will visitor vs. tenant parking spaces be identified to determine compliance?
2.Are there specific times the spaces will be available?
3.Who will manage the parking?
4.What is the method of management? Consequence of noncompliance?
3.04.130. Other Reduced Parking
a.Dormitory Housing.
Pedestrian Emphases DistrictPED).
1. (All Dormitory housing located in the PED will require a
Conditional Use Permit to seek reduced parking requirements.
Infill/Redevelopment.
2.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 3.04.130and 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-familydevelopments with more than one (1) bedroom and morethansix
(6)units may be reduced by 20% in Infill/Redevelopment Area. (SeeChapter10.)
3.04.140. Nonconforming Parking Areas
a.
Necessary maintenance and repairs shall be permitted to keep non-conforming parking uses in sound
condition.
b.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 Administratoror
designee.
c.Reconstruction.
(See 3.03.040).
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City of Rexburg Development Code: SIGN STANDARDS
SECTION 3.5: SIGNSTANDARDSFOR 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
TYPES OF SIGNS
3.05.020. Record Keeping
3.05.120. Free Standing Signs
3.05.030. Definitions
3.05.130. Blade Signs
3.05.040. Permit Required
3.05.140. Wall Signs
3.05.050. No Permit Required
3.05.150. Other Signs
3.05.060. Permit Fee
3.05.160. Temporary Signs
3.05.070. Permissions to Install
3.05.170. Wall Banners
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.
a.
Objectives.
Balance.
1.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.
2.To insure signs are compatible with adjacent land uses and
with the total visualenvironment of the community, and the value of nearby property and economic
health of the community, as a whole are protected; and
Create aStandard.
3.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.
4.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:
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Architectural BladeSign, Illuminated
AwningSign, Indirect or Internal Lighting
BannerSign, Off Premise
Billboard Sign, Portable
BlanketingSign, Projecting
Canopy SignSign, Public Service Information
Changeable Copy Panel (Readerboard)Sign, Real Estate or Property for Sale,
Construction SignsRent,or Lease
CopySign, Super Graphics
Sign, DirectionalSign, Swinging
Sign, Free Standing, Detached, or Sign, Temporary
GroundSign, Under Canopy or Marquee
Sign, HeightSign, 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 thatthe 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.
Noperson 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:
a.
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.
b.
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.
c.
If the owner, sign company and/or responsible person for the violation fails tocomply, 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.
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a.Clear View of Intersecting Streets.
Right-of-way.
1.No sign may be placed or constructed so that any portion thereof is placed or projects
into any public right-of-way.
Sight Triangle.
2.For the purpose of ensuring reasonable visibility and safety this ordinance shall
prohibit the placement of signs within the sight triangle.
Intersecting Streets.
a)The sight triangle applies to corner lots on intersecting City streets.
Definition.
b)See Chapter 2: Sight Triangledefinition.
b.Applications.
Applications are through the Building Department.
Sign Applications.
1.Sign applications shall include a detailed lighting plan that will be approved as part
of the sign application approval.
c.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 roadon which the address is
located.
Multiple Addresses.
1.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.
2.In all cases the address shall be posted at the beginning of construction and maintained
thereafter.
3.Residential Signs.
(See 3.02.140.b.1. for multiple unit signs.)
a)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.
b)Signs or name plates shall not exceed two (2) square feet in area and display
only the name and address of the occupant.
d.Construction Signs.
Construction signs are defined as temporary and they must be removed within thirty
(30) days of project completion.
e.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.
f.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.
Curb Painting.
1.Additionally, curbs shall be painted red and maintained as required by the Fire Code
Official.
g.Temporary street signs.
Temporary street signs shall be installed at each street intersection when
construction of new roadways allow passage by vehicles.
h.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.)
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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.
1.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.
2.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.
3.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.
4.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
5..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 placedbetween eleven (11’) feet and sixteen (16’) feetabove sidewalk.
3.05.130 Free-standing Signs.
a.Outside of US-20 Interchange.
Unless further restricted in this Sign Code, the maximum height of any
free standing sign not locatedin 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.
b.CUP.
On lots where a twenty-four (24’) feetfree-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.
c.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.
1.Each parcel located in the interchange boundary is allowed one (1) pole with sign(s) that areforty (40’)
feet from grade (see “grade” definition in Chapter 2).
d.Interchange Definition.
The interchange sign boundary is defined by a fifteen hundred (1500’) feet radius
drawn from the center of the highway interchange.
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City of Rexburg Development Code: SIGN STANDARDS
FIGURE 1
FIGURE 3
FIGURE 2
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City of Rexburg Development Code: SIGN STANDARDS
e.Sign Size.
Maximum sign size is two hundred (200) square feet.
f.Property Area.
50,000 sq. feet and Less.
1.For any single property up to fifty thousand (50,000) square feet in lot size,
an eighty (80) squarefeetsign is allowed.
Greater than 50,000 sq. ft.
2.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
Lot Area
-50,000(50,000 = 80 square feet sign allowed)
Remaining Area
Remaining Area x 0.0016 = Additional Sign Square Footage(Round)
80+ Rounded Additional Sign Square Footage=Total Sign Square Footage
EXAMPLE:
Lot Area = 245,678 square feet
This would allow one 200 sq. ft. sign
-50,000(50,000 = 80 square feet sign allowed)
OR (one 100 sq. ft. sign + one 101 sq.
75,386
ft. sign)or some other similar
combination of signs whose total area
75,386 x 0.0016 = 120.6176 (round up to 121)
would not exceed 201 sq. ft.
121 + 80 = 201 square feet
Clear Distance Between Signs
Area of Sign 1 + Area of Sign 2
= Distance between Sign 1 & Sign 2
2.0
EXAMPLE
200 sq. ft.+100 sq. ft.
= 150 ft.
Clear distance between signs
2.0
needs to be 150 feetor greater.
Area of Sign 1 + Area of Sign 2
= Must be equal to or less than 2.0
Distance between Sign 1 and Sign 2
EXAMPLE
1.94 is permissible;155 ft. works
200 sq. ft.+100 sq. ft.
= 1.94
as a clear distance between signs
155
Distance from Property LinesEXAMPLE
Sign must be twenty
Sign Area.
= Distance from Nearest
200 square feet.
(20’) feet from the
= 20 feet
10
10
Adjacent Property Line
Nearest Adjacent
property line.
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City of Rexburg Development Code: SIGN STANDARDS
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 andallowed in non-residential zones.
a.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
Administratoror designee for approval before being put up.
b.Recorded at City.
Temporary signs must be recorded and logged in at the city with the approval of the
Zoning Administratoror designee.
c.
In general, temporary signs are reserved for limited activities important to the citizens of the City of
Rexburg.
Location.
1.Signs shall be located outside of the City right-of-way.
Size.
2.Signs shall be thirty-two (32)sq. ft. or less.
Good Taste.
3.Signs shall be in good taste for the surrounding environment.
Maintenance.
4.Signs must be maintained in good condition as to color, material integrity (fraying,
tearing, etc.), and structural alignment.
d.
Signs located within the City right-of-way and authorized by the City are exempt from these regulations.
e.Temporary Signs for Big Events.
Examples of uses of temporary signs are for big eventssuch 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 andshall adhere to applicable sign standards.
1.These banners must be logged and recorded with the City of Rexburg to assure time and condition
limitations are being followed.
Maximum coverage.
2.These banners may be up with permanent wall signs aslong as the coverage
does not exceed twenty (20%) percentof wall. This twenty (20%) percentcoverage 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.
1.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.
2.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.
a)These “permanent” banner sign locations shall be counted towards maximum wall sign allotment,
and does not include the wall banner twenty (20%) percentprovision.
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City of Rexburg Development Code: SIGN STANDARDS
b)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.
1.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.
2.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’ fromROW.
3.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” byZone
Zones
: RR1, RR2, LDR1, LDR2, LDR3,TAG1, TAG2,RBD
TypeSign Max LocationLightingRestrictions(BD)
Area HeightFrom Styleor
(Sq. Ft)Property Line (CUP)
For Rent665 feet +None1 per streetfrontageBD
For Lease
For Sale
Home Occupation2Limited byMust beparallelNone1 per streetfrontageBD
Wallto wall
Construction3285 feet +None1or more with max.BD
Total of96 SQ. FT.
PUD, Subdivision6485 feet +Indirect1or more with max.CUP
IdentificationInternaltotal of 64 SQ. FT.
Directional 6CodePublic ROWInternalCodeCUP
Public Service6CodePublic ROWInternalCodeCUP
All other signs
Prohibited
Zones
: MDR1, MDR2, HDR1, HDR2
TypeSign Max LocationLightingRestrictions(BD)
Area HeightFrom Styleor
(Sq. Ft)Property (CUP)
Line
For Rent32105 feet +None1 per streetfrontageBD
For Lease
For Sale
Home Occupation2Limited byMust beparallelNone1 per streetfrontageBD
Wallto wall
Construction32125 feet +Indirect1or more with max.BD
Internal96 SQ. FT.
PUD, Subdivision6485 feet +Indirect1or more with max.CUP
IdentificationInternal64 SQ. FT.
Directional 6CodeNot in SightNoneCodeCUP
Triangle
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City of Rexburg Development Code: SIGN STANDARDS
Public Service6CodePublic NoneCodeCUP
ROW
Project signs for 1 sq. ft.12Bldg. wall IndirectNot in set-backorCUP
Identificationper 3Facing the StreetInternalhigher thanthe eave
Attached/detachedLineal ft.line;1 per parcel
50 sq. ft. Max.Of bldg.
All other signs
Prohibited
Zone
: MU
TypeSign Max LocationLightingRestrictions(BD)
Area HeightFrom Styleor
(Sq. Ft)Property (CUP)
Line
32105 feet +None1 per streetfrontageBD
For Rent
For Lease
For Sale
Home Occupation2Limited byMust beparallelNone1 per streetfrontageBD
Walltowall
Construction &32125 feet +Indirect1or more with max.BD
TemporaryInternal96 SQ. FT.
PUD, Subdivision6485 feet +None1or more with max.CUP
Identification64 SQ. FT.
Directional6CodeNot in SightNoneCodeCUP
Triangle
Public Service6CodePublic ROWNoneCodeCUP
Accessory On-1 sq. ft.Less thanBldg. wall Indirect1 per parcelCUP
Premise, Wall, Per 3Height of Facing the Internal
Free Standing, orLineal ft.Wall; FSStreetFlood light
Canopy MarqueeOf bldg.Max. 12
50 Sq. ft. Max.Feet high
Open LandsCodeCodeCodeCodeCodeBD
All other signs
Prohibited
Zones:
CBD, CBC, RBC, TOZ, LI, and HI
TypeSign Max LocationLightingRestrictions(BD)
Area HeightFrom Styleor
(Sq. Ft)Property Line(CUP)
For Rent32105 feetNone1 per street frontageBD
For Lease
For Sale
Construction&32125 feetNone1or more with max.BD
Temporary96 SQ. FT.
Directional 6CodeCodeInternalCodeBD
Public Service6CodePublic InternalCodeCUP
ROW
Accessory;Sec. II8 ft. overSingle story; lessBD
On premise;Buildingthan 30 feet
Wall signs
Sec. II6 ft. overBuildingsgreaterBD
Buildingthan 30 feet
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City of Rexburg Development Code: SIGN STANDARDS
Projected Sec. IISec. IINot in Public Sec. IISec. IIPublic
SignsROW;BladeROW
Signs Allowedw/CUP
Marquee Sec. IINo Face Indirect1 per streetCUP
& CanopyProjectionsParallelInternalfrontage
w/sign
UnderSec. II8 ft. Min.CodeInternal1 per BD
Marquee &LengthClearanceBusiness
CanopyOnly 75% To
Of signGround
Width
Non-Accessory3210 ft. Max.Sec. I Indirect1 per propertyCUP
Off PremiseHeightSec. IIInternal(Wall or
Free standingFloodlitFree Standing)
or Wall
Accessory On-Sec. I24 ft. MaxSec. IIndirectSec. IBD or
Premise;or DirectCUP
Free StandingBldg. Height Internal
w/CUP
Portable signsSec. I4 ft. Max.Sec. I NoneOnly allowed asBD
(A-frame style)Not in Public TemporarySigns.
ROW
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City of Rexburg Development Code: LIGHTING STANDARDS
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.
a.Objectives
1.To preserve, protect, and enhance the natural beauty of the “Night Sky”.
2.To encourage and promote the conservation of energy resources.
3.To promote safety and security for persons and property, drivers and pedestrians.
4.To maintain and enhance property values.
5.To adopt clear standards for all outdoor lighting and to inform the public of those standards.
6.To eliminate light trespass onto abutting properties.
7.To promote appropriate business.
8.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 codeThe
provisions of this section shall beconsidered as minimum requirements. Any requirement, statute, ordinance,
covenant, or other regulation, placing agreater 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
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City of Rexburg Development Code: LIGHTING STANDARDS
3.06.040. Standards and Criteria.
a.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. Theexternal 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 withtheprovisions of this Section, currently adopted Building and Electrical
Codesand 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
1..In no case shall recreational lighting occur before 7:00 A.M.
Turn Off.
2.
a)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 section3.5: Signsand the following:
Shielded.
2.All luminaires shall be aimed and shielded so that light is directed only onto the sign facade
not to cause a nuisance or complaints.
Signs in Residential Zones.
3.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:
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City of Rexburg Development Code: LIGHTING STANDARDS
a)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 verylow 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.
a.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.
1.Lighting Plansshall include the following:
a)Plans or drawings indicating the proposed location, height, and type of luminaires, along with
installation and electrical details.
b)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.
a.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 theCity 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.
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City of Rexburg Development Code: LIGHTING STANDARDS
e.Suspension, revocation, or modifications to the Lighting Plan.
The Director ofPublic 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.
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City of Rexburg Development Code: CELL TOWERS
SECTION3.7: 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.
a.Goals.
The goals of this ordinance are to:
1.Protect residential areas and land uses from potential adverse impacts of towers and antennas;
2.Encourage the location of towers in non-residential areas;
3.Minimize the total number of towers throughout the community;
4.Strongly encourage the joint use of new and existing tower sites as a primary option rather than
construction of additional single-use towers;
5.Encourage users of towers and antennas to locate them, to the extent possible, in areas where the
adverse impact on the community is minimal;
6.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;
7.Enhance the ability of the providers of telecommunications services to provide such services to
the community quickly, effectively, and efficiently;
8.Consider the public health and safety of communication towers; and
9.Avoid potential damage to adjacent properties from tower failure through engineering and careful
sitting of tower structures.
10.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
a.New Towers and Antennas.
All new towers or antennas in City of Rexburg shall be subject to these
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City of Rexburg Development Code: CELL TOWERS
regulations, except as provided in 3.07.030.
b.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.
c.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
a.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.
b.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 towersmay be located on leased parcels within such lot.
c.Aesthetics.
Towers and antennas shall meet the following requirements:
Finish.
1.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.
2.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.
a)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.
d.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.
1.If, upon inspection, the City of Rexburgconcludes 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.
2.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.
e.Buildings and Support Equipment.
Buildings and support equipment associated with antennas or towers
shall comply with the requirements of 3.07.080.
f.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.
g.Inventory of Existing Sites.
1.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.
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City of Rexburg Development Code: CELL TOWERS
2.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.
h.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.
i.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.
j.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.
k.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.
l.Public Notice.
For purposes of this ordinance, any Conditional Use request, variance request, or appeal of
an administrativelyapproved 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.
m.Signs.
No signs shall be allowed on an antenna or tower.
n.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.
1.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.
2.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
a.General.
The uses listed in this section are deemed to be permitted uses and shall not require
administrative approval or a special use permit.
b.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
a.General.
The following provisions shall govern the issuance of administrative approvals for towers and
antennas.
1.The Planning and Zoning Department may administratively approve the uses listed in this section.
2.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
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City of Rexburg Development Code: CELL TOWERS
reviewing the application.
3.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.
4.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.
a)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.hor separation distances between towers3.07.070.iby up to
fifty (50%) percent.
Monopole.
b)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.
c)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.
bList 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.
1.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.
2.Locating antennas on existing structures or towers consistent with the terms of subsections
(a) and (b) below.
Antennas on existing structures.
a)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:
1)The antenna does not extend more than thirty (30’) feet above the highest point of the
structure;
2)The antenna complies with all applicable FCC and FAA regulations; and
3)The antenna complies with all applicable building codes.
Antennas on existing towers.
b) 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.
1)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.
2)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.
i.The height change may only occur one (1) time per communication tower.
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ii.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
3.
a)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.
b)After the tower is rebuilt to accommodate collocation, only one(1) tower may remain on the site.
c)A relocated onsite tower shall continue to be measured from the original tower location for
purposes of calculating separation distances between towersin section 3.07.070.f.2.The
relocation of a tower hereunder shall in no way be deemed to cause a violation of3.07.070.f.2.
d)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.
e)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 307.010and 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.
1)For a single user, up to ninety (90’) feet in height;
2 Users.
2)For two users, up to one hundred twenty (120’) feet in height; and
3 or More Users.
3)For three or more users, up to one hundred fifty (150) feet inheight;
Except, the tower may not exceed the elevation of the Rexburg water tower.
Not Industrial or Heavy Commercial.
f)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 3.01.010of this ordinance.
Cable Micro Cell Network.
g)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
a.General.
The following provisions shall govern the issuance of special use permits fortowers or antennas
by the Planning Commission:
Conditional Use Permit Required.
1.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.
2.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.
3.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 toweron adjoining properties.
Engineering Information.
4.Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
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Non-refundable fee.
5.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.
b.Towers.
Information required.
1.Applicants for a Conditional Use Permit for a tower shall submit the
following informationwith the application, in addition to any other information required for a
Conditional Use application in Chapter 1:
Backhaul Network.
a)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.
b)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.
1)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.
c)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.
d)A notarized statement by the applicant as to whether construction of the tower will
accommodate collocation of additional antennas for future users.
Landscape Plan.
e)A landscape plan showingspecific landscape materials.
Law Compliance.
f)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.
g)Legal description of the parent tract and leased parcel(if applicable).
Relationship to Zoned Properties.
h)The setback distance between the proposed tower and the
nearest residential unit, platted residentially zoned properties, and un-platted residentially zoned
properties.
Separation Distance.
i)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.
j)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.
k)Method of fencing, and finished color and, if applicable, the method of camouflage and
illumination.
c.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 ofthis ordinance are better served thereby:
1.Height and elevation of the proposed tower;
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2.Proximity of the tower to residential structures and residential district boundaries;
3.Nature of uses on adjacent and nearby properties;
4.Surrounding topography;
5.Surrounding tree coverage and foliage;
6.Design of the tower, with particular reference to design characteristics that have the effect of reducing
or eliminating visual obtrusiveness;
7.Proposed ingress and egress; and
8.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.
d.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'sproposed antenna.
1.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 oralternative technology can accommodate the
applicant's proposed antenna may consist of any of the following:
Geographic Area.
a)No existing towers or structures are located within the geographic area which
meets applicant's engineering requirements.
Height.
b)Existing towers or structures are not of sufficient height to meet applicant's engineering
requirements.
Strength.
c)Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
Interference.
d)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.
e)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.
f)The applicant demonstrates that there are other limiting factors that render
existing towers and structures unsuitable.
Alternative Technology.
g)The applicant demonstrates that an alternative technology that does not
requirethe 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 bepresumed to render the
technology unsuitable.
e.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.
1.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.
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Minimum Zoning Setbacks.
2.Guys and accessory buildings must satisfy the minimum zoning district
setback requirements.
f.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 fromoff-site uses/designated areas.
1.
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 Distancesfrom Residential Units
Off-site Use/Designated AreaSeparation Distance
1
Single-family or duplex residential units200 feet or 300% height of tower
whichever is greater
2
Vacant single-family or duplex residentially 200 feet or 300% height of tower
zoned land which is either platted or has whichever is greater
preliminary subdivision plan approval which is
not expired
Vacant un-platted residentially zoned lands 3 100 feet or 100% height of tower
whichever is greater
Existing multi-family residential units greater 100 feet or 100% height of tower
than duplex unitswhichever is greater
Non-residentially zoned lands or non-None; only setbacks apply
residential uses
1 Includes modular homes and mobile homes used for living purposes.
2 Separation measured from base of tower to closest building setback line.
3
Includes 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.
1.
a)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 ExistingTowers -Types
Monopole 75 Ft in Monopole Less
LatticeGuyed
Height or GreaterThan 75 Ft in Height
750
Lattice500050001,500
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750
Guyed500050001,500
Monopole 75 Ft in
1,50015001,500750
Height or Greater
Monopole Less Than
750750750750
75 Ft in Height
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.
Buffer.
1.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
a.Antennas Mounted on Structures or Rooftops.
Towers or associated cabinets are not allowed on roof
tops or existing structures.
b.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
1..
Front or Side Yard.
a)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.
b)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.
c)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”)inchesand an ultimate height of eight (8’)
feet.
Commercial or Industrial District Locations.
2.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.
a)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.
b)Thestructures 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 fencesix(6’)
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feet in heightor the evergreen hedge.
c.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.
d.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 inthe 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 ownerof 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.
a.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.
b.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
a.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.
b.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.
c.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.
1.The type, height, and location of the tower onsite shall be of the same type and intensity as the original
facility approval.
2.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.
a)If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned
as specified in 3.07.090
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CHAPTER 4: RESIDENTIAL ZONESTANDARDS
*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 drivewaysshall remain unobstructed for a distanceof twelve (12’)vertical feetabove the
ground.
4.00.020. Permitted Accessory Uses
(See 3.02.070.a.)
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:
1.Accessory buildings such as greenhouses, gardening sheds, recreation rooms, and similar structures.
2.Swimming pools.
3.Vegetable and flower gardens and noncommercial orchards.
4.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 withthe 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.
a.Process Requirements
1.Submit Application
2.Payment of a permit fee
3.Regulation Compliance
4.CUP Process (If needed)
5.Permit Issued
b.Standard Regulations.
All Home Occupations and Businesses, whether permitted or conditional,must
adhere to the following standard regulations.
Accessory Uses.
1.In all residential zones, home occupations in compliance with the following
regulations are permitted as accessory uses.
Appearance.
2.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.
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Boss.
3.The home occupation shall be conducted by the applicant, who shall reside on the premises.
Display.
4.There shall be no display of products visible in any manner from the outside of the dwelling.
Impact.
5.The home occupation shall not constitute a significant impact on neighborhoods.
In Dwelling or Accessory.
6.A home occupationshall be conducted entirely within the dwelling or an
accessory structure.
Interference.
7.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.
8.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.
9.There shall be no storage of equipment, vehicles, or supplies associated with the
home occupation outside the dwelling.
Public Utilities.
10.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.
11.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.
12.The use shall not create greater pedestrian or vehicular traffic than normal for the
neighborhood.
c.Permitted Uses.
Examples of home occupations permitted under this section shall include but notbe
limited to:
Permitted UsesExamples
Computer programming
Family child care may have up to five (5) children at any one time.
Home Business.
(The care of additional childrenshall constitute a)
Home cooking, baking and preserving
Home crafts withouton premise sales
Individual tutoring
Painting
Sculpturing
Secretarial service
Sewing and tailoring
Telephone solicitation work and answering services
Writing
d.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.
1.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.
2.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.
3.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 Servicegreater 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.
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Employees.
4.No one other than members of the immediate family residing in the homeshall be
employed in the conduct of a home occupation.
Instruction.
5. 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.
6.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.
7.The use shall not require additional off-street parking spaces for clients or customers of the
home occupation.
e.Conditional Uses.
A home occupation which does notcomply with the Permitted Usesabove 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.
1.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.
2.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.
3.No one other than the residents of the dwellingshall be employed in the conduct of the
home occupation.
Hours.
4.No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00a.m.
Parking.
5.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.
6.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 permitmay be revoked upon written notice to the applicant, and the conduct of the
home occupation shall cease.
g.Appeal.
To contest arevocation, 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 businessesare required to havea conditional use permit and
businesslicense.Home businesses must meet all the requirements of the previous Home Occupations
subsection with the following exceptions:
1.All Home Business applications require a Conditional Use Permit (CUP).
2.Home businesses are allowed only in all residential zones.
3.A home business may be allowed in up to twenty-five (25%) percent of the primaryresidence or
one-hundred (100%) percentof an accessory structure.
4.Up to four (4)non-related employees may be allowed.
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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 stylesin the MDR and HDR Residential Zones.
a.Applicability.
This section applies to all of the following types of buildings, and shall be applied during
Site Plan Reviewfor alluses except single-family detached,duplexes,and twinhomes.
b.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.
1.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 astructure, 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:
a)Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth offour
(4’) feet;
b)Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of
and/or
two (2’) feet and runs horizontally for a minimum length of four (4’) feet;
c)Offsets or breaks in roof elevation of two (2’) feet or greater in height.
Eyes on the Street.
2. All building elevations visible from a street right-of-way shall provide doors,
porches, balconies, and/or windows.
a)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.
b)The standard applies to each full and partial building story.
Detailed Design.
3.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):
a)Dormers
b)Gables
c)Recessed entries
d)Covered porch entries
e)Cupolas or towers
f)Pillars or posts
g)Off-sets in building face or roof (minimum sixteen (16”) inches)
h)Bay windows, box windows and window trim (minimum four (4”) inches wide)
i)Balconies
j)Decorative patterns on exterior finish
k)Decorative cornices and roof lines
l)Changes in exterior texture or color.
m)An alternative feature providing visualrelief, similar to previous options
4.00.060. Parking in Residential Zones
The purpose of this section isto 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.
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a.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.
1.In a residential zone, no person shall park or allow the parking of any
recreational vehicle in any front yard or a side yardfacing 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.)
b.Parking of Automobiles.
1.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.
2.No more than forty (40%) percent of the front yard shall be covered with
asphalt, or gravel.
Snow Suspension.
3.The operation of this section shall be suspended during any period of a snow alert
declared by the Mayor.
Sight Triangle.
4.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.
Commercial Vehicles
1.. 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 whenpossible.
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.
Parking for triplex or greater
3.. 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.
Existing driveway + 2 Car garage.
4.An existing driveway and two-car garage, when combined, may
provide up to four (4) parking spaces per building.
No Garage.
5.If no garage is present, then all parking spaces must be located outside of the front yard
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City of Rexburg Development Code: RESIDENTIAL STANDARDS
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.
Tandem parking
6.is allowed for residential use where the tandem spaces are assigned to the same
dwelling unit.
LDR1, LDR2& LDR3
7.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.
Page 118of 360
City of Rexburg Development Code: RR1
SECTION4.1:RURAL RESIDENTIAL 1 (RR1)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.01.010. Purposes and Objectives4.01.090. Setbacks and Rights-of-Way Exceptions
4.01.020. Permitted& ConditionalUses4.01.100. Building Height
4.01.030. Lot Area4.01.110. Distance Between Buildings
4.01.040. Lot Width4.01.120. Permissible Lot Coverage
4.01.045. Lot Depth4.01.130. Parking, Loading and Access
4.01.050. Lot Frontage4.01.140. Project Plan Approval
4.01.060. Prior Created Lots4.01.150. Fencing and Screening
4.01.070. Lot Configuration and Density4.01.160.Other Requirement
4.01.080. Yard Requirements
4.01.010. Purpose and Objectives
The RR1Zone is established to provide rural residential zoningfor the development and protection of stable country
neighborhoods. This area is compatible withdetached 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& ConditionalUses
Permitted Principal Uses.
The following principal uses and structuresindicated 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 ProductionAgricultureP
ResidentialAccessory ApartmentCUP
Manufactured –House on permanent foundation (>24’ wide)P
Single-family DwellingP
(See 3.02.160.)
Group HousingBoarding HousesP
Group Home (Disabled & Elderly; under 8 residents)P
Care FacilitiesAssisted and Residential Care FacilityCUP
Day Care CentersCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or Nursery SchoolsCUP
privateSchoolsCUP
Outdoor RecreationIce SkatingCUP
Parks and Playgrounds, Skate ParksCUP
PoolsCUP
Tennis CourtsCUP
ServicesHome Business (See4.00.080.)CUP
CemeteriesCUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
a.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.
1.Household pets areallowed.
2.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) acreto five (5) acres.
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City of Rexburg Development Code: RR1
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-hundredfifty(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 maybe 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:
a.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.
b.Rear Yard.
The minimum depth of a rear yard shall be thirty(30’)feet.
c.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’sImpact 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:
Reverse Frontage.
a) Such lots shall reverse frontage on the designated direct accesses restricted
road.
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City of Rexburg Development Code: RR1
Buffering.
b) Such lots shall be buffered from the direct access restricted road by any effective
combination of the following: lot depth, earthberms, vegetation, walls or fences, and structural
sound proofing.
Minimum Lot Depth.
c) 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.
Existing Trees.
d) Whenever practical,existing roadside trees shall be saved and used in the arterial
buffer.
Maintenance.
e) 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 cityimpactarea.
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.
d.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
e.
Refer to Sections 3.02-3.06for Development Rules that apply to all Zones.
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City of Rexburg Development Code: RR2
SECTION4.2:RURAL RESIDENTIAL 2(RR2)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.02.010. Purposes and Objectives4.02.090. Setbacks and Rights-of-Way Exceptions
4.02.020. Permitted & Conditional Uses4.02.100. Building Height
4.02.030. Lot Area4.02.110. Distance Between Buildings
4.02.040. Lot Width4.02.120. Permissible Lot Coverage
4.02.045. Lot Depth4.02.130. Parking, Loading and Access
4.02.050. Lot Frontage4.02.140. Project Plan Approval
4.02.060. Prior Created Lots4.02.150. Fencing and Screening
4.02.070. Lot Configuration and Density4.02.160. Other Requirements
4.02.080. Yard Requirements
4.02.010. Purpose and Objectives
The RR2 Zone is established to provide rural residential zoning for the development and protection of stablecountry
neighborhoods. Conditional Uses in thisarea shall becompatible 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 structuresindicated as “P”, and no others, shall be permitted in the RR2zone.
The following uses and structures indicated as “CUP” may be permitted in the RR2zone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
RURAL RESIDENTIAL 2
Resource ProductionAgricultureP
Accessory Accessory ApartmentCUP
Accessory BuildingP
ResidentialManufactured –House on permanent foundation (>24’ wide)P
Single-family DwellingP
(See 3.02.160.)
Group HousingBoarding Houses P
Group Home (Disabled & Elderly; under 8 residents)P
Care FacilitiesAssisted and Residential Care FacilityCUP
Day Care CentersCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Nursery SchoolsCUP
Schools, public or
privateSchoolsCUP
Outdoor RecreationIce SkatingCUP
Parks and Playgrounds, Skate ParksCUP
PoolsCUP
Tennis CourtsCUP
ServicesHome Business (See4.00.040.)CUP
CemeteriesCUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
a.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 Apartmentfor ProfitCUP
Accessory BuildingP
4.02.030. Lot Area
The minimum area of any lot or parcel of land in the RR2 zoneis ½ acre(21,780 sq. ft.).
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City of Rexburg Development Code: RR2
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:
a.Front Yard.
Each lot or parcel in the RR2 zone shall have a minimum front yard of at least twenty-
five (25’) feetfrom right-of-way.
b.Rear Yard.
The minimum depth of a rear yard shall be twenty (20’) feet.
c.Side Yard.
Each lot or parcel of land in the RR2 zone shall have a side yard of at least six (6’) feetor six
(6”) inches of setback for every (1’)foot of building height, whichever is greater.
d.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
a.
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.
b.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
a.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.
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, 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.)
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City of Rexburg Development Code: RR2
4.02.150. Fencing
(See 3.02.110.)
4.02.160. Other Requirements
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.
The City of Rexburg right-of-way width is dictated by City Engineering Standards.
c.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
d.
Refer to Sections 3.02-3.06for Development Rules that apply to all Zones.
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City of Rexburg Development Code: RR2
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Page 126of 360
City of Rexburg Development Code: LDR1
SECTION4.3:LOW DENSITY RESIDENTIAL 1 (LDR1)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.03.010. Purposes and Objectives4.03.090. Setbacks and Rights-of-Way Exceptions
4.03.020. Permitted & Conditional Uses4.03.100. Building Height
4.03.030. Lot Area4.03.110. Distance Between Buildings
4.03.040. Lot Width4.03.120. Permissible Lot Coverage
4.03.045. Lot Depth4.03.130. Parking, Loading and Access
4.03.050. Lot Frontage4.03.140. Project Plan Approval
4.03.060. Prior Created Lots4.03.150. Fencing
4.03.070. Lot Configuration and Density4.03.160. Signs
4.03.080. Yard Requirements4.03.170. 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 structuresindicated as “P”, and no others, shall be permitted in the LDR1zone.
The following uses and structures indicated as “CUP” may be permitted in the LDR1zone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 1
ResidentialSingle-family Dwelling -detachedP
(See 3.02.160.)
Group HousingBoarding Houses P
Group Home (Disabled & Elderly; under 8 residents)P
Care FacilitiesHospitalsCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or privateSchoolsCUP
Outdoor RecreationAthletic FieldsCUP
Golf CoursesCUP
Parks and Playgrounds, Skate ParksCUP
Recreation CentersCUP
ServicesHome Business (See4.00.040.)CUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
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.
4.03.030. 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’)
Page 127of 360
City of Rexburg Development Code: LDR1
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 Administratoror
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 shallbe 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:
a.Front Yard.
Each lot or parcel in the LDR1 zone shall have a minimum front yard of at least
twenty-five (25’) feetfrom right-of-way.
Exception:
1. 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’)feetfrom right-of-way.
b.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 3.02.050and3.02.090.)
4.03.100. Building Height
a.
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.
b.Accessory Structure.
In no case shall the height of an accessory structure exceed the height of any main
structure on the same lot.
4.03.110. Distance Between Buildings
(See 3.02.060.)
4.03.120. Permissible Lot Coverage
a.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.
b.Landscaping.
At least thirty (30%) percent of the area of any lot shall be maintained in landscaping.
c.Impervious Surface.
On anylot, 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
(See3.04,4.00.060.)
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.
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City of Rexburg Development Code: LDR1
a.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.
b.Points of Interest.
Signs or monuments identifying points of interest or sites of historic significance. The
site, sizeand design of said signs or monuments,shall be specifically approved by the Zoning
Administratoror Designee.
c.Residence Signs.
(See 3.05.100.c.)
4.03.170. Other Requirements
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.
The City of Rexburg right-of-way width is dictated by City Engineering Standards.
c.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
d.
Refer to Sections 3.02-3.06for Development Rules that apply to all Zones.
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City of Rexburg Development Code: LDR1
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Page 130of 360
City of Rexburg Development Code: LDR2
SECTION4.4:LOW DENSITY RESIDENTIAL 2 (LDR2)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.04.010. Purposes and Objectives4.04.090. Setbacks and Rights-of-Way Exceptions
4.04.020. Permitted & Conditional Uses4.04.100. Building Height
4.04.030. Lot Area4.04.110. Distance Between Buildings
4.04.040. Lot Width4.04.120. Permissible Lot Coverage
4.04.045. Lot Depth4.04.130. Parking, Loading and Access
4.04.050. Lot Frontage4.04.140. Project Plan Approval
4.04.060. Prior Created Lots4.04.150. Fencing
4.04.070. Lot Configuration Density4.04.160. Signs
4.04.080. Yard Requirements4.04.170. 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, lowbuilding heights, predominantly off-street parking, low traffic volumes, and low nuisance potential.
4.04.020. Permitted & Conditional Uses
The following principal uses and structuresindicated as “P”, and no others, shall be permitted in the LDR2zone.
The following uses and structures indicated as “CUP” may be permitted in the LDR2zone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 2
ResidentialDuplex*P
Single-familyDwellingP
Manufactured –House on permanent foundation (>24’ wide)P
Twin Home*P
See 3.02.160.
Group HousingBoarding Houses ()P
Group Home (Disabled & Elderly; under 8 residents)P
Care FacilitiesAssisted and Residential Care FacilityCUP
HospitalsCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or Nursery SchoolsCUP
privateSchoolsCUP
Outdoor RecreationAthletic FieldsCUP
Golf Courses (w/Country Club)CUP
Ice SkatingCUP
Parks and Playgrounds, Skate ParksCUP
Pools (Stand-Alone)CUP
Recreation CentersCUP
Tennis CourtsCUP
ServicesHome Business (See4.00.040.)CUP
LibrariesCUP
CemeteriesCUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
*For Twin Homesand Duplexes, a review is required that addresses neighborhood compatibility for parking,
screening, lighting, landscaping or other concerns to be approved by the Zoning Administratoror designee.
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.
4.04.030. Lot Area
a.
The minimum area of any lot or parcel of land in the LDR2 zone is eight thousand (8,000) sq. ft.
b.duplex
Arequires a minimum 10,000 sq. ft.lot.
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City of Rexburg Development Code: LDR2
c.twin home
Arequires two 5,000 sq. ft. lots.
4.04.040. Lot Width
a.
The minimum lot width in the LDR2 zone is fifty (50’) feet.
b.twin home
Aminimum 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 Administratoror
Designee.
4.04.060. Prior Created Lots
(See 3.03.070.c.)
4.04.070. Lot Configuration and Density
a.
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.
b.
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:
a.Front Yard.
Each lot or parcel in the LDR1 zone shall have a minimum front yard of at least
twenty-five (25’) feetfrom right-of-way.
Exception:
1. 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’) feetfrom right-of-way.
b.RearYard.
The minimum depth of a rear yard shall be twenty (20’) feet.
c.Side Yard.
Each lot or parcel of land in the LDR2 zone shall have a side yard of at least five (5’)feet.
d.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.)
a.Side-Yard Projections.
No projection is allowed in a required side yard.
b.Box or Bay Windows.
Box or Bay Windowsprovided 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
c.
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.
d.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
(See3.02.060.)
4.04.120. Permissible Lot Coverage
a.Building Coverage.
In an LDR2 zone, all buildings, including accessory buildings and structures
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City of Rexburg Development Code: LDR2
(including impervious surfaces, e.g. driveways), shall not cover more than seventy (70%) percent of the
area ofthe lot or parcel of land.
b.Landscaping.
1.At least thirty (30%) percent of the area of any lot shall be maintained in landscaping.
c.Impervious Surface.
On anylot, 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 LDR2zone.
a.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.
b.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
Administratoror Designee.
c.Residence Signs.
(See 3.05.100.c.)
4.03.170. Other Requirements
a.
The City of Rexburg right of way width is dictated by City Engineering Standards.
b.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
c.
Refer to Sections 3.02-3.06for Development Rules that apply to all Zones.
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City of Rexburg Development Code: LDR2
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Page 134of 360
City of Rexburg Development Code: LDR3
SECTION4.5:LOW DENSITY RESIDENTIAL 3 (LDR3)
*All ZoningStandards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.05.010. Purposes and Objectives4.05.090. Setbacks and Rights-of-Way Exceptions
4.05.020. Permitted & Conditional Uses4.05.100. Building Height
4.05.030. Lot Area4.05.110. Distance Between Buildings
4.05.040. Lot Width4.05.120. Permissible Lot Coverage
4.05.045. Lot Depth4.05.130. Parking, Loading and Access
4.05.050. Lot Frontage4.05.140. Project Plan Approval
4.05.060. Prior Created Lots4.05.150. Fencing
4.05.070. Lot Configuration and Density4.05.160. Signs
4.05.080. Yard Requirements4.05.170. 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& ConditionalUses
The following principal uses and structuresindicated as “P”, and no others, shall be permitted in the LDR3zone.
The following uses and structures indicated as “CUP” may be permitted in the LDR3zone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 3
ResidentialDuplex*P
Single-family DwellingP
Manufactured –House on permanent foundation (>24’ wide)P
Twin Home*P
(See 3.02.160.)
Group HousingBoarding HousesP
Group Home (Disabled & Elderly; under 8 residents)P
Care FacilitiesAssisted and Residential Care FacilityCUP
HospitalsCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or Nursery SchoolsCUP
privateSchoolsCUP
Outdoor RecreationAthletic FieldsCUP
Golf Courses (w/Country Club)CUP
Ice SkatingCUP
Parks and Playgrounds, Skate ParksCUP
Pools(Stand-Alone)CUP
Recreation CentersCUP
Tennis CourtsCUP
ServicesHome Business (See4.00.040.)CUP
LibrariesCUP
CemeteriesCUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
*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 Administratoror designee.
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.
4.05.030. Lot Area
a.
The minimum lot area on any parcel of land in the LDR3 zone is six thousand (6,000) square feet.
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City of Rexburg Development Code: LDR3
b.Duplex
Arequires a minimum 8,000 squarefeetlot.
c.Twin Home
Arequires two 4,000 squarefeet lots.
4.05.040. Lot Width
a.
Each lot or parcel of land in the LDR3 zone, except corner lots, shall have a width of not less than fifty
(50’) feet.
b.Twin Home
Aminimum width is sixty (60’) feet (combined for both lots).
4.05.045. Lot Depth
Eachlot 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
a.
One (1) single-family dwelling unit may be placed on a parcel of land or lot in the LDR3zone.
b.
No more than two (2) dwelling units in any one (1) structure.
c.
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:
a.Front Yard.
Each lot or parcel in the LDR3 zone shall have a minimum front yard of at least
twenty-five (25’) feetfrom right-of-way.
Exception:
1.Whenthe street upon which the parcel fronts has a boulevard strip of at least seven (7’)
feet, the frontyard setback may be reduced to twenty (20’) feetfrom right-of-way.
b.Rear Yard.
The minimum depth of a rear yard shall be twenty (20’) feet.
c.Side Yard.
Each lot or parcel of land in the LDR3 zone shall have a side yard of at least five (5’)feet.
d.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.)
a.Side-Yard Projections.
No projections are allowed in a required side yard.
b.Box or Bay Windows.
Box or Bay Windows provided theyare 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
a.
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 samelot.
4.05.110. Distance Between Buildings
(See 3.02.060.)
4.05.120. Permissible Lot Coverage
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City of Rexburg Development Code: LDR3
a.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.
b.Landscaping.
At leastthirty (30%)percent of the area of any lot shall be maintained in landscaping.
c.Impervious Surface.
Onany 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 LDR3zone.
a.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.
b.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
Administratoror designee.
d.Residence Signs.
(See 3.05.100.c.)
4.05.170. Other Requirements
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.
The City of Rexburg right of way width is dictated by City Engineering Standards.
c.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
d.
Refer to Sections 3.02-3.06for Development Rules that apply to all Zones.
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City of Rexburg Development Code: LDR3
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Page 138of 360
City of Rexburg Development Code: MDR1
SECTION4.6:MEDIUM DENSITY RESIDENTIAL 1 (MDR1)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.06.010. Purposes and Objectives4.06.090. Setbacks and Rights-of-Way Exceptions
4.06.020. Permitted & Conditional Uses4.06.100. Building Height
4.06.030. Lot Area4.06.110. Distance Between Buildings
4.06.040. Lot Width4.06.120. Permissible Lot Coverage
4.06.045. Lot Depth4.06.130. Parking, Loading and Access
4.06.050. Lot Frontage4.06.140. Project Plan Approval
4.06.060. Prior Created Lots4.06.150. Fencing
4.06.070. Lot Configuration and Density4.06.160. Residential Design Standards
4.06.080. Yard Requirements4.06.170. 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 structuresindicated as “P”, and no others,shall be permitted in the MDR1zone.
The following uses and structures indicated as “CUP” may be permitted in the MDR1zone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
MEDIUM DENSITY RESIDENTIAL 1
ResidentialDuplexP
Single-family DwellingP
Manufactured –House on permanent foundation (>24’ wide)P
Twin HomeP
(See 3.02.160.)
Group HousingBed and Breakfast InnP
(See 3.02.160.)
Boarding Houses P
Group Home (Disabled & Elderly; under 8 residents)P
Dormitory, Fraternity, SororityCUP
Mobile Home Courts and SubdivisionsCUP
Multiple-FamilyP
Residential Facility for Elderly Persons (greater than 8 residents)CUP
(See 3.02.160.)
Short-Term RentalP
TownhomeP
Care FacilitiesAssisted and Residential Care FacilityCUP
Day Care CentersP
HospitalsCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or Nursery SchoolsP
privateSchoolsCUP
Outdoor RecreationAthletic FieldsCUP
Golf Courses (w/Country Club)CUP
Ice SkatingCUP
Parks and Playgrounds, Skate ParksCUP
PoolsCUP
Recreation CentersCUP
Tennis CourtsCUP
ServicesHome Business (See4.00.040.)CUP
LibrariesCUP
Separate Parking LotsCUP
CemeteriesCUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
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City of Rexburg Development Code: MDR1
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.
4.06.030. Lot Area
The minimum lot area of any parcel of land in the MDR1 zone is:
a.
four thousand, five hundred (4,500)sq. ft. for an individual unit
b.
six thousand (6,000) sq. ft. for a duplex or twin home.
c.
For 3 units or larger, apply the density requirement in4.06.070.
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 offifty (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 Administratoror
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:
a.FrontYard.
Each lot or parcel in the MDR1 zone shall have a minimum front yard of at least twenty-five
(25’) feetfrom right-of-way.
Reduced Front Yard Setback.
1.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’) feetfrom right-of-way.
Reduced Front Yard Setback.
2.If all parking spaces are located behind the building, the front yard
setback may be reduced to fifteen (15’) feet.
b.Rear Yard.
The minimum depth of a rear yard shall be twenty (20’) feet.
c.Side Yard.
1.Each lot or parcel of land in the MDR1 zone shall have a side yard of at least six (6’) feetor six (6”)
inches of setback for every (1’) foot of building height, whichever is greater.
Reduced Side Yard Setback.
2.Asetback 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.
d.Infill/Redevelopment Setbacks.
Setbacks are increased as per Chapter 10Infill/RedevelopmentProjects.
e.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.)
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City of Rexburg Development Code: MDR1
4.06.100. Building Height
a.
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.
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 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
a.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 anylot shall be maintained in landscaping.
c.ImperviousSurface.
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
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.Infill/Redevelopment Buffering.
Buffering is increased asper section 10.1for Infill/Redevelopment
projects.
c.
Lighting Standards are applicable as described in Section 3.6.
d.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
e.
Refer to Sections 3.02-3.06for Development Rules that apply to all Zones.
Page 141of 360
City of Rexburg Development Code: MDR1
Page 142of 360
City of Rexburg Development Code: MDR2
SECTION4.7:MEDIUM DENSITY RESIDENTIAL 2 (MDR2)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.07.010. Purposes and Objectives4.07.090. Setbacks and Rights-of-Way Exceptions
4.07.020. Permitted & Conditional Uses4.07.100. Building Height
4.07.030. Lot Area4.07.110. Distance Between Buildings
4.07.040. Lot Width4.07.120. Permissible Lot Coverage
4.07.045. Lot Depth4.07.130. Parking, Loading and Access
4.07.050. Lot Frontage4.07.140. Project Plan Approval
4.07.060. Prior Created Lots4.07.150. Fencing
4.07.070. Lot Configuration and Density4.07.160. Residential Design Standards
4.07.080. Yard Requirements4.07.170. 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 haveanatmosphere consistent with low traffic volumes, ample off-street parking, and lowernuisance
potentials than higher density zoning.
4.07.020. Permitted& ConditionalUses
The following principal uses and structuresindicated as “P”, and no others, shall be permitted in the MDR2zone.
The following uses and structures indicated as “CUP” may be permitted in the MDR2zone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
MEDIUM DENSITY RESIDENTIAL 2
ResidentialDuplexP
Single-family DwellingP
Manufactured –House on permanent foundation (>24’ wide)P
Twin HomeP
(See 3.02.160)
Group HousingBed and Breakfast Inn P
(See 3.02.160)
Boarding Houses P
Group Home (Disabled & Elderly; under 8 residents)P
Dormitory, Fraternity, Sorority (up to 10 units/building)CUP
Mobile Home Courts and SubdivisionsCUP
Multiple-FamilyP
Residential Facility for Elderly Persons (greater than 8 residents)CUP
(See 3.02.160)
Short-Term Rental P
TownhomeP
Care FacilitiesAssisted and Residential Care FacilityCUP
Day Care CentersP
HospitalsCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or Nursery SchoolsP
privateSchoolsCUP
Outdoor RecreationAthletic FieldsCUP
Golf Courses (w/Country Club)CUP
Ice SkatingCUP
Parks and Playgrounds, Skate ParksCUP
PoolsCUP
Recreation CentersCUP
Tennis CourtsCUP
ServicesHome Business (See4.00.040.)CUP
LibrariesCUP
(See4.00.040.)
Limited Home Occupation P
Separate Parking LotsCUP
CemeteriesCUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
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City of Rexburg Development Code: MDR2
a.Permitted Accessory Uses.
(See 3.02.070., 4.00.020.)Accessory uses and structures are permitted
providedthey 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 foran 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 in4.07.070.
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, ona 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 shallnot be
counted in meeting this requirement. Private Drives are allowed as per review by the Zoning Administratoror
designee.
4.07.060. Prior Created Lots
(See 3.03.070.c.)
4.07.070. Lot Configuration and Density
Without aPlanned Unit Development(PUD),developmentshall 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:
a.Front Yard.
Each lot or parcel in the MDR2 zone shall have a minimum front yard of at least twenty-five
(25’) feetfrom right-of-way.
Front Yard Reduced Setback.
1.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’)feetfrom right-of-way.
Reduced Setbackfor Parking.
2.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.
b.Rear Yard.
The minimum depth of a rear yard shallbe twenty (20’) feet.
c.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.
3.Asetback 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.
d.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.)
Page 144of 360
City of Rexburg Development Code: MDR2
4.07.100. Building Height
a.
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
a.Building Coverage.
In an MDR2 zone, all buildings, including accessory buildings and structures
(including impervioussurfaces, 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.
Onany 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
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.Infill/Redevelopment Buffering.
Buffering is increased as per section 10.1for Infill/Redevelopment
projects.
c.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
d.
Refer to Sections 3.02-3.06for Development Rules that apply to all Zones.
e.
Residential Lighting Standards are applicable as described in Section 3.6.
Page 145of 360
City of Rexburg Development Code: MDR2
Page 146of 360
City of Rexburg Development Code: HDR1
SECTION4.8:HIGH DENSITY RESIDENTIAL 1 (HDR1)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.08.010. Purposes and Objectives4.08.090. Setbacks and Rights-of-Ways
4.08.015 Streets4.08.100. Building Height
4.08.020. Permitted & Conditional Uses4.08.110. Distance Between Buildings
4.08.030. Lot Area4.08.120. Permissible Lot Coverage
4.08.040. Lot Width4.08.130. Parking, Loading and Access
4.08.045. Lot Depth4.08.140. Project Plan Approval
4.08.050. Lot Frontage4.08.150. Buffers and Fencing
4.08.060. Prior Created Lots4.08.160. Residential Design Standards
4.08.070. Lot Configuration and Density4.08.170. Pedestrian Emphasis District
4.08.080. Yard Requirements4.08.180. 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)ormore families, dormitory housing, ample off-
street parking, higher traffic volumes, proximity to BYUI,other traffic generators and low nuisance potential.
4.08.020. Permitted& ConditionalUses
The following principal uses and structuresindicated as “P”, and no others, shall be permitted in the HDR1zone.
The following uses and structures indicated as “CUP” may be permitted in the HDR1zone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
HIGH DENSITY RESIDENTIAL 1
ResidentialDuplexP
Single-family DwellingCUP
Manufactured –House on permanent foundation (>24’ wide)CUP
(See 3.02.160)
Group HousingBed and Breakfast Inn P
(See 3.02.160)
Boarding Houses P
Disabled Persons Residential FacilityP
Dormitory, Fraternity, Sorority CUP
Group Home (Disabled & Elderly; under 8 residents)P
Mobile Home Courts and SubdivisionsP
Multi-FamilyP
Residential Facility for Elderly PersonsP
(See 3.02.160)
Short-Term Rental P
Assisted and Residential Care FacilityP
Care Facilities
Day Care CentersP
HospitalsCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or Nursery SchoolsP
privateSchoolsCUP
Outdoor RecreationAthletic FieldsCUP
Golf Courses (w/Country Club)CUP
Ice SkatingCUP
Parks and Playgrounds, Skate ParksCUP
PoolsCUP
Recreation CentersCUP
Tennis CourtsCUP
ServicesHome Business (See4.00.040.)CUP
LibrariesCUP
Automobile Parking Lots and GaragesCUP
Separate Parking LotsCUP
CemeteriesCUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
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City of Rexburg Development Code: HDR1
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 neededfor 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 HDR1zone 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 Districtdensityis regulated by the University, the adopted Building Code,
and any requirements imposed as part of the requiredCUP.(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:
a.Front Yard.
Each lot or parcel in the HDR1 zone shall have a minimum front yard of at least twenty-five
(25’) feetfrom right-of-way.
Exception:
1.(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.
Parking Lot.
a) If a boulevard strip is present, the front yard setback can be reduced to ten (10’) feet
for aparking lot.
b.Rear Yard.
The minimum depth of a rear yard shall be twenty (20’) feet.
c.Side Yard.
Each lot or parcel of land in the HDR1 zone shall have a side yard of at least six (6’) feetor six
(6”) inches of setback for every (1’) foot of building height, whichever is greater.
Exception:
1.Asetback 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.
d.Infill/Redevelopment Setbacks.)
Setbacks are increased for Infill/Redevelopment projects. (See10.1.
e.Accessory Buildings.
(See 3.02.070.b.)
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City of Rexburg Development Code: HDR1
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
a.
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.
b.
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.
c.AccessoryStructure.
In no case shall the height of an accessory structure exceed the height of any main
structure on the same lot.
d.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
a.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.
b.Landscaping.
1.At least twenty (20%) percent of the area of any lot shall be maintained in landscaping.
2.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, 4.00.060.)
(See 3.04.
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
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.Fencing.
(See 3.02.110.)
c.Buffers.
(See 3.02.100.d.)
d.Infill/Redevelopment Buffering.
Buffering is increased for Infill/Redevelopment projects.(See 10.1.)
4.08.160. Residential Design Standards
(See 4.00.050.)
4.08.170Pedestrian Emphasis District (
See 10.2.)
4.08.180. Other Requirements
a.
Lighting Standards are applicable as described in Section 3.6.
b.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
c.
Refer toSections 3.02-3.06for Development Rules that apply to all Zones.
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City of Rexburg Development Code: HDR1
Page 150of 360
City of Rexburg Development Code: HDR2
SECTION4.9:HIGH DENSITY RESIDENTIAL 2 (HDR2)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(See 4.0)
4.09.010. Purposes and Objectives
4.09.100. Building Height
4.09.020. Permitted & Conditional Uses4.09.110. Distance Between Buildings
4.09.030. Lot Area4.09.120. Permissible Lot Coverage
4.09.040. Lot Width4.09.130. Parking, Loading and Access
4.09.045. Lot Depth4.09.140. Project Plan Approval
4.09.050. Lot Frontage4.09.150. Fencing
4.09.060. Prior Created Lots4.09.160.Residential Design Standards
4.09.070. Lot Configuration and Density4.09.170. Pedestrian Emphasis District
4.09.080. Yard Requirements4.09.190. Other Requirements
4.09.090. Setbacks and Rights-of-Way Exceptions
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 willbe done on larger tracts of ground,with a common owner,as larger apartment complexes,
and not sold as individual units.
4.09.020. Permitted& ConditionalUses
The following principal uses and structuresindicated as “P”, and no others, shall be permitted in the HDR2zone.
The following uses and structures indicated as “CUP” may be permitted in the HDR2zone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
HIGH DENSITY RESIDENTIAL 2
ResidentialDuplexP
Single-family DwellingCUP
Manufactured –House on permanent foundation (>24’ wide)CUP
(See 3.02.160)
Group HousingBed and Breakfast InnP
(See 3.02.160)
Boarding HousesP
Disabled Persons Residential FacilityP
Dormitory, Fraternity, Sorority CUP
Group Home (Disabled & Elderly; under 8 residents)P
Mobile Home Courts and SubdivisionsP
Multi-FamilyP
Residential Facility for Elderly PersonsP
(See 3.02.160)
Short-Term RentalP
Care FacilitiesAssisted and Residential Care FacilityP
Day Care CentersP
HospitalsCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or Nursery SchoolsP
privateSchoolsCUP
Outdoor RecreationAthletic FieldsCUP
Golf Courses (w/Country Club)CUP
Ice SkatingCUP
Parks and Playgrounds, Skate ParksCUP
PoolsCUP
Recreation CentersCUP
Tennis CourtsCUP
ServicesHome Business (See4.00.040.)CUP
LibrariesCUP
Automobile Parking Lots and GaragesCUP
Separate Parking LotsCUP
CemeteriesCUP
UtilitiesCommunicationsCUP
Electricity Regulating SubstationsCUP
Utility and Public FacilitiesCUP
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City of Rexburg Development Code: HDR2
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 characterof, 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 andDensity
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)densityis 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:
a.Front.
Each lot or parcel in the HDR2 zone shall have a minimum front yard of at least twenty-five (25’)
feetfrom right-of-way.
Exception:
1.(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.
Parking Lot.
a)If a boulevard strip is present, the front yard setback can be reduced to twenty (20’)
feetfor aparking lot.
b. Rear.
The minimum depth of a rear yard shall be twenty (20’) feet.
c.Side Yard.
Each lot or parcel of land in the HDR2 zone shall have a side yard of at least six (6’) feetor six
(6”) inches of setback for every(1’)foot of building height, whichever is greater.
Exception:
1.Asetback 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.
d.Infill/Redevelopment Setbacks.)
Setbacks are increased for Infill/Redevelopment projects. (See10.1.
e.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
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City of Rexburg Development Code: HDR2
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
a.
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.
b.
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.
c.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.
d.Accessory Structure.
In no case shall the height of an accessory structure exceed the height of any main
structure on the samelot.
4.09.110. Distance Between Buildings
(See 3.02.060.)
4.09.120. Permissible Lot Coverage
a.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.
b.Landscaping.
At least twenty (20%) percent of the area of any lot shall be maintained in landscaping.
c.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 3.04Parking, 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
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.Fencing.
(See 3.02.110.)
c.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.
Infill/Redevelopment Buffering.
1.Buffering is increased for Infill/Redevelopment projects.(See 10.1.)
4.09.160.Residential Design Standards
(See 4.00.050.)
4.09.170Pedestrian Emphasis District (
See 11.01.030.)
4.09.180. Other Requirements
a.
Lighting Standards are applicable as described in Section 3.6.
b.
Refer to Section 4.0for Development Rules that apply to all Residential Zones.
c.
Refer to Sections 3.02-3.06for Development Rules that apply to all Zones.
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City of Rexburg Development Code: HDR2
Page 154of 360
City of Rexburg Development Code: PUD
SECTION 4.10: PLANNED UNIT DEVELOPMENT (PUD)
*All Zoning Standards apply. All Residential Standards apply.
(See 3.01-3.06)*(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.LotDensity
4.10.070.Standards
4.10.080.Common Open Space
4.10.090.Landscaping Per Unit
PROCESS
4.10.100Pre-Application Conference
4.10.110.Preliminary Master Plan Application
4.10.120.Determine ifPreliminary Plan is Complete
4.10.130.Review of Complete PreliminaryMaster 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 withseveral 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
a.Low-Density Medium-Density Residential Zones
Planned Unit Developments are only allowed in and.
b.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:
1.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 Commissionthe
uses are:
a)Appropriate with the residential uses;
b)Intended to serve principally the residents of the PUD;
c)An integral part of the PUD;
Direct Access Roads.
d)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
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City of Rexburg Development Code: PUD
plan or approved supporting documentsand do not contradict 4.10.020.
4.10.040. Minimum Area
a.
A PUD for the following principal uses shall contain an area not less than:
1.Two(2)acresfor residential development.
2.Two(2) acresfor residential use with subordinate commercial or industrial uses.
3.Ten (10) acres for commercialuse.
4.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.
a.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.
b.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:
ZoneLot Area per Dwelling
LDR11 Unit per 12,000 square feet
LDR21 Unit per 5,000 square feet
LDR31 Unit per 4,000 square feet
MDR11 Unit per2,723 square feet
MDR21 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.
a.Planning and Building Design.
The planned unit development approach shallprovide more desirable
environments throughcreative site planning and building design,to creategreater diversification between
buildings and open spaces,conserveland and natural resources,and minimizedevelopment costs.
b.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.
c.Open Space.
Areas not proposed for development shall be designated as“open space”and shall conform
to minimum landscaping requirements of this chapter.
d.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.
e.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.
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City of Rexburg Development Code: PUD
d.Utilities.
All utilities shall be placed underground, including telephone, electrical, and television cables.
1.Dwelling units under separate ownership shall have separate utility metering, unless otherwise
approved by the BuildingDepartment.
e.Streets and Right-of-way.
Development proposal shalladhere to currently adopted street and right-of-way
cross section standards.
f.Compatibility Standards
(See 3.02.120.)
Refuse Bins.
1.
Materials.
a) Refuse bins shall be stored in screened enclosures which are architecturally
compatible in style and materials with the character of the development.
Location.u
b)Bins shall be located so they are not visible from otside circulation routes, and so they
do not restrict vehicular movement or parking.
Glare Reduction.
2.Exterior lighting shall bedesigned such that the light source will be sufficiently
obscured to prevent excessive glare into any residential area.
4.10.070. Common Open Space.
a.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.
b.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.
c.Trails.
Publicutility 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.
d.Maintenance.
The responsibility of the maintenance of all open space shall be specified by the developer
before approval of the final master plan.
e.Clustering.
Property developed under the PUD approach should be designed to abut common open space
or similarareas. (See 4.10.070.a.).
f.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%) percentof
the required open green space.
g.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.
a.Placement.
Deciduous Trees.
1.The placement and types of deciduous trees shall take into consideration use of the
trees for summer cooling and winter solar access.
Evergreen Trees.
2.Evergreen trees should be used as windbreaks, screening, and accent plantings.
Water Conservation.
3.The majority of new plant material used for landscaping the development
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City of Rexburg Development Code: PUD
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.
a)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.
b.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.
c.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.
d.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.
e.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
a.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 representativeat a pre-application conference.
Purpose
1.
a)Toinform the city of the nature of a likely PUD application at an early date
b)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, anapplicant shallsubmit a preliminary master plan to the City for review.
a.Large Parcel with MultipleLandowners.
If large parcels of land are sold to multiple parties, the land
needs to be master planned.
b.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.
b.Drawing.
The preliminary master plan must include a drawing showing the layout of the proposed planned
unit development. The drawingmust contain the following information:
Name of Development.
1.Proposed name of the planned unit development;
Date, north point and scale of drawing;
2.
Label.
3.Appropriate identification clearly stating that the drawing is a preliminary planned unit
development master plan;
Location.
4.Location of the planned unit developmentby section, township and range;
Legal Description.
5.Alegal description sufficient to define the location and boundaries of the
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City of Rexburg Development Code: PUD
proposed planned unit development tract;
Real Estate Description.
6.The tract designation or other description according to the real estate
records of the county assessor;
Vicinity Map.
7.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.
8.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 informationif needed.)
Existing and Proposed Streets and Public Ways.
9.Location, widths and names of all existing streets
or other public ways within or abutting the planned unit development;
a)Proposed streets, including location, widths and approximate radii or curves;
b)Approximate locations and anticipated grades of all streets
c)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.
10.Location of existing and proposed easements onthe site or
abutting property.
a)Showthe width and purpose of each easement;
b)Approximate plan of proposed sanitary sewers, storm drains, storm water detention and drainage
pre-treatment facilities and the water distribution system;
Proposed Housing.
11.
a)Types of proposed housing within PUD
b)Approximate location or locations proposed for each type of housing
c)Housing density proposed at each location
d)An approximate tabulation of all dwelling units by type;
Maximum potential number of residential units
e), calculated as follows:
1)Determine Residential Development Area: Subtract gross area, any area allocated for
churches, schools, and public buildings.
2)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.
12.Sites, if any, allocated forchurches,parks, schools, playgrounds,public buildings,and
open space.
Area Coverage.
13.Area coverage of existing and proposed structures, lots, streets or other development.
Topography.
14.Contour lineshaving the following minimum intervals:
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a)Two(2’) feet contour intervals for ground slopes less than ten(10%)percent, and
b)Five(5’) feet contour intervals for ground slopes ten (10%) percent or greater
c)Contours shall be based on contour maps provided by the cityor other data approved by the City
Engineer
d)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:
a)Central line profiles showing finished grades of all streets
b)Cross sections of proposed streets showing widths of roadway, curbs, locations and widths of
sidewalks, and location and size of utility mains.
c)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.
d)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.
b.Supplementary Submittals.
The following information supplements the Preliminary Master Plan and can
be submitted in separate statements accompanying the preliminary master plan drawing:
Landscape Plan.
1.A detailed landscaping plan showing the type and size of all plant material and its
location, the irrigation system, decorativematerials, recreation equipment and special effects; and the
schedule for removal and replanting of vegetation.The planshall includeboth 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.
Water Courses and Natural Features.
b)
1)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.
2)The plan must identify those water courses, natural features,and areas oftrees meeting the
described criteria which are to remainand those which may bealtered or removed.
2.Deed Restrictions, Conditions, and Covenants.
Proposed restrictions to be filed in the county deed
records, in outline form, suchas deed restrictions, conditions, covenants and restrictions, and home
owners’ association agreements. The outline restrictions shall identify:
a)The time at which the restrictions will be filed in the county deed records;
b)Generally, who will have authority to enforce the restrictions;
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c)Specifically, which restrictions, if any, are proposed to be enforceable by the city;
d)The time at which the restrictions will become enforceable; and
e)Which restrictions, if any, will not be subject to amendment without the consent of the City.
c.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.
d.Narrative description.
A narrative description of the planned unit development and the manner in which
it meets the purpose set out in subsection 4.10.010of this section.
e.Ownership.
A statement describing thepresent and proposed ownership.
f.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:
1.Date or dates by which the applicant proposes to submit the final master plan or final master plan
phases for review
2.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 Administratoror designee shall
determine whether the plan is complete pursuant to the submittal requirements of 4.10.100 Preliminary Master Plan
Applicationof this section.
a.
The determination of the Zoning Administratoror designee shall be in writing(including email). If the
application is determined to be incomplete, the Zoning Administratoror designeeshall 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 Administratoror 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
a.Authority.
Commission.
1.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.
2.The City Council shall have the authority to approve, approve with conditions, or
disapproveplanned unit developments in any residential or commercial zone, or any combination of
them, subject to provisions of this section.
b.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.
c.
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 planto the City Council if it finds that the planmeets all of the following
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criteria.
a.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.
b.Adjacent Land.
Theundeveloped land in the surrounding areacan be developed in a manner substantially
compatible with the proposed planned unit development.
c.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).
d.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.
e.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.
f.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:
1.The preliminary master plan approval, not sooner than two years after approval of the preliminary
master plan
2.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
approvalof the preliminary master plan.
3.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.
g.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:
1.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;
2.Prohibitions of open burning on the site during construction;
3.Restrictions on construction noise; and
4.Restrictions on construction traffic.
5.In order to assure the avoidance or mitigation of negative impacts, the Planning and Zoning
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Commission may require the filing of restrictions in the county deed records including but not limited
to restrictions:
a)Prohibiting the removal of specified landscaping; and
b)Prohibiting open burning during construction.
h.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 ofApproved Preliminary Master Plan
a.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.
b.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.
“Spirit” of Master Plan.
1.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.
c.Extension or ModificationProcedures & 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 areneeded 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 applicationmust 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 byCity Staff.
a.Phases.
The final master plan may be submitted in development phases; provided, that:
1.Each phase can exist as a separate entity capable of independently meeting all requirements and
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standards of this section and of the underlying zones in which the PUD is located; or
2.Prior to the development of any phase that will not exist as a separate entity capable of independently
meetingthe 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.
a)The restrictions shall be applicable to other areasof the planned unit development not yet
proposed for development, and shall be sufficient to assure that:
1)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,
2)The phase has met any applicable re-evaluation requirement imposed during the preliminary
master plan approval process, and
3)The separate development of phaseswill 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 Staffto 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 Staffshall approve, or approve with conditions, the final master plan if it is determined that the plan meets all
of the following criteria:
a.
The plan is consistent with the preliminary master plan and all conditions applicable to it;
b.
All utility systems and landscaping conform to city and state standards or are approved by the City
Engineer;
c.
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.
a.Certified Printto 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.
b.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 applicationand shall be permitted
onlyin accordance with all of the procedures set out in this section.
1.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.
c.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.
1.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.
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d.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.
1.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 oneadditional year. No additional extensions
may be granted.
Void.
2.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.
e.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 maybe considered for projects which comply with the
bonus density design requirements.
a.
The amount of density bonusesshall be determined by the type of Bonus Density Design Requirements
incorporated in the development proposal.
b.
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:
ZONEBASE DENSITYMAX. DENSITY
LDR13.63 Units/NDA4.84 Units/NDA
LDR28.71 Units/NDA10.89 Units/NDA
LDR310.89 Units/NDA13.20 Units/NDA
MDR116.00 Units/NDA22.00 Units/NDA
MDR220.00 Units/NDA26.0nits/NDA
c.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 Sectionand shall assign density points as applicable.
1.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 peracre 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 anLDR1 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.)
a)The density coefficient for each underlying zone and the total amount of points needed for the
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maximum density are listed below:
ZONEDENSITY MAX. DENSITY
COEFFICIENTPOINTS
LDR1.0121100
LDR2.0218100
LDR3.0231100
MDR1.06100
MDR2.06100
d.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 densityincrease:
1.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.
2.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.
3.A design component cannot be used to obtain points in more than one category.
4.The density bonus design requirements are as follows:
Energy Efficiency
a)
Insulation.
1)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.
2)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.
3) 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.
b)
Materials.
1)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.
2)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)
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Design Theme
c)
Installed Landscaping.
1)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.
2)Theme lighting is used throughout the development for street lighting,
lighting of walkways, parking areas, entrances, and building exteriors. (Up to 15 points)
Fencing.
3)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.
4)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.
5)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
d)
Screening.
1)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.
2)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.
3)Areas withfive (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.
4)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.
5)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.
6)For any non-residential buildings or multi-family residential buildings that
are part of the proposal, provide bicycle parking spaces, equivalent to ten (10%) percentof the
total automobile parking on site.
i.Bicycle parking must be within fifty (50’)feet of the entrance to the building that it
services. (Up to 10 points)
ii.Sheltered bicycle parking. (Up to 20 points)
Recreational Amenities
e)
Active Recreation.
1)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)
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Common Building or Facilities.
2)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.
3)Dedication of land for public park, public access along a stream, or public
access along a planned trail.
i.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)
Construction of Trail or Park.
4)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)
Riparian Areas.
5)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
f)
Extra Trees.
1)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.
2)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
g)
Designed Plan.
1)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.
2)Storm water detention facilities are designed and used for multiple purposes
which blend with the overall theme of the openspace 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.
3)Native plants are used for common open space elements. (Up to 15 points)
Drought Tolerant Plants.
4)Drought tolerant plants are used for common open space elements.
(Up to 10 points)
Public Streets.
h)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.
i)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)
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CHAPTERS5& 6:CONCURRENTZONES
5.1Mixed Use (Number Reserved)
SECTION5.2:MIXED USE (MU)
*All Zoning Standards apply.
(See 3.01-3.06)
5.02.010. Purpose and Objectives5.02.110. Projections into Yards
5.02.020. Permitted and Conditional Uses5.02.120. Building Height
5.02.030. Lot Area5.02.130. Sidewalk Access
5.02.040. Lot Width5.02.140. Permissible Lot Coverage
5.02.050. Lot Depth5.02.150.Project Plan Approval
5.02.060. Lot Frontage5.02.160. Parking, Loading and Access
5.02.070. Prior Created Lots5.02.170. Commercial Design Standards
5.02.080. Lot Configuration 5.02.180. Signs
5.02.090. Density5.02.190. Other Requirements
5.02.100. Yard Requirement5.02.200. 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.
b.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
Districtfound in Section10.2.
c.ndnd
MU is not allowed as a zone in any property facing Main Street Between the 2West and 2East.
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 HousingApartmentsP
Bed and Breakfast InnP
Boarding HousesP
Dormitory, Fraternity, Sorority (max. 6 persons/unit)CUP
Group Home (Disabled & Elderly; under 8 residents)P
HotelsP
Membership LodgingP
Multi-FamilyP
Religious QuartersP
Short-Term RentalP
Townhomes (first floor 2’ above grade when adjacent to right-of-way)P
Care FacilitiesBehavior, Drug & Alcohol TreatmentCUP
Day Care CentersP
HospitalsCUP
Sanitariums, convalescent and rest homesCUP
Place of WorshipChurches, Synagogues, Missionsand TemplesP
Other Religious ActivitiesP
Religious Reading RoomsP
Schools, public or Dancing SchoolsP
privateNursery SchoolsP
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Indoor RecreationAthletic clubs, body building studios, aerobic centers & gymnasiumsP
EntertainmentCultural ActivitiesP
MuseumsP
FoodBakeries & Doughnut ShopsP
Candy, nut & confectioneryP
Dairy ProductsCUP
Eating Places; restaurants*P
Food storesP
Grocery StoresCUP
Fruits & VegetablesP
Meats & FishCUP
Miscellaneous retail food P
ManufacturingSmall Generation
RetailApparel and AccessoriesP
Books, stationary, art and hobby suppliesP
Department Stores (junior and major chains)P
Discount DepartmentP
Direct Selling OrganizationP
Dry Goods and general merchandiseCUP
Electrical SuppliesCUP
FloristsP
Furniture, home furnishings & equipment (no combined warehousing)P
Garden Supplies (inside building only)P
HardwareP
Heating & Plumbing Equipment (No outside storage)CUP
Ice Dealers (automated machines or pick-up stations only)P
JewelryP
Merchandise vending machine operatorsP
Miscellaneous retail storesP
Miscellaneous retail tradeCUP
Paint, Glass & WallpaperCUP
Retail TradeP
Shopping Centers (uses listed here; more than 5 acres, less than 10 acres)CUP
Sporting Goods, Bicycles, and ToysP
Surplus storesP
Swimming Pool SuppliesCUP
Variety storesP
ServicesBeauty & Barber shopsP
Building MaintenanceCUP
Consumer Credit ServicesP
Drug & Proprietary StoresP
Educational ServicesP
Electrical Appliance Repair & ServiceP
Executive, legislative & judicialP
GunsmithsP
Household Good Warehousing & StorageCUP
LibrariesP
Locksmiths & key shopsP
Miscellaneous Service OrganizationsP
Personal ServicesP
Photographic ServicesP
Postal ServicesP
Second hand clothing, shoes, furniture & books (no flea markets or thrift CUP
stores; all indoors; no outdoor collection boxes)
Prescription Pharmacy for permitted establishments (no separate entrance; P
no more than 15% of total floor areaof building in which it is located)
Pressing, alteration and garment repair (no on-site dry cleaning)P
Protective functions & related activitiesP
Reception CenterP
Reupholstering & furniture repairP
SpasP
Veterinarian Services**CUP
Video Rental ShopsP
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City of Rexburg Development Code: MU
OfficeAdvertising servicesP
Banks, Insurance & Real Estate OfficesP
Business (office & retail sales only)P
Call CentersCUP
Contract Construction Services office & retailCUP
Duplicating, stenographic and office servicesP
Employment servicesP
Electrical UtilityCompanyOfficeP
Gas Utility Company OfficeP
Irrigation Utility Company OfficeP
Janitorial office (Dwelling & business cleaning)P
Mail & phone order housesP
Miscellaneous business services officeP
News Syndicate Services officeP
Police Protection & Related Activities OfficeP
Professional Services office(except behavior, drug, and alcohol treatment)P
Refuse disposal company officeP
Travel AgenciesP
Water Utility Company officeP
TransportationAutomobile Parking Lots and Garages (no impound or long-term storage)P
Bus transportation (no garaging & equipment maintenance)P
Motor vehicle transportationP
Separate Parking LotsP
CrematoryP
Funeral parlor (mortuary)P
UtilitiesCommunicationsCUP
Debris BasinCUP
Electricity Regulating SubstationsCUP
Gas Pressure Control StationsP
Irrigation Distribution ChannelsP
Right-of-way (combo utilities, electric, gas pipeline, sewage pipeline, storm P
drain and water pipeline)
Utility and Public Facilities
Gas, NECCUP
Water Pressure Control Stations & Pumping PlantsP
Sewage Pumping StationsP
Spreading GroundsCUP
Water Storage as part of a utility systemCUP
*Eating Places (restaurants) conditions
1.Shall be architecturally compatible with surrounding buildings.
2.No short order, fast food or drive-in
3.Signs, landscaping, number of employees and distance from existing commercial zones shall beconsidered in the
review for the CUP.
4.Located within air-conditioned, sound-proofed building.
**Veterinarian conditions
1.Experimental or scientific research activities are prohibited.
2.No on-site disposal of dead animals.
3.Animal noise shall not be audible at the nearest property line.
4.Overnight boarding shall be limited to animals receiving treatment on the premises.
5.Services shall be limited to small animals only.
6.No services shall be permitted for poisonous or dangerous animals.
a.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 BuildingP
1.Accessory buildings shall maintain architecturally similar material and colors with the main building.
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City of Rexburg Development Code: MU
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.
a.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).
b.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) unitsper acre is permitted.
Commercial or Institutional Use.
2. 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.
Parking Structures.
3.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
parkingspace provided in a parking structure.
PED
4.. For land that is located within the PEDDistrict (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:
a.Front Yard.
The minimum front yard setback can be zerototen(0’-10’)feet from right-of-wayifthe
following requirements are followed:
Sidewalk.
1.A minimum eight (8’)feetwide sidewalk is required parallel to any city street.
Landscaping.
2.
a)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’) feetspacing in the landscape strip
between the curb and sidewalk.
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City of Rexburg Development Code: MU
b)The space between the building and sidewalk shall be landscaped with ornamental trees, shrubs,
annual and perennial flowers to achieve a “fully landscaped look”.
c)The landscape strip and the front yard setback shall be planted with grass between the trees, shrubs
and other landscape features.
Irrigation System.
d)An irrigation system is required and is the responsibility of the property
owner as is the maintenance of the landscaped areas.
Building Design
3.
Street Oriented.
a)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.
Interaction with Street.
b)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 structuralelements may extend a maximum of three
(3’) feet into the setback.
Materials.
c)The first floor wall facing the right-of-way shall be faced with high-quality materials
(as approved by the Zoning Administratoror designee). (See 7.05.050.)
Renderings
4.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 Administratoror 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.
Townhouse.
5.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.
6.Utility fixtures are not allowed in the front yard setback or in the City right-of-way.
b. not met
When the above requirements are ,a front yard setback of ten (10’) feetfrom right-of-wayshall be
required, and the following:
Front Yard.
1.
a)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 forInfill/Redevelopment projects.(See 10.1)
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City of Rexburg Development Code: MU
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 stealthand non-stealthtelecommunication 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 SubstantialCommercial Cluster (see definitionin 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 Administratoror 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.
1.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.)
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City of Rexburg Development Code: MU
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 Chapter10:Infill/RedevelopmentProjects.
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) Allsigns erected in the MU zone shall be in conformance with the sign provisions of the
Rexburg City Sign Code, except for the following:
1.Sign requirements shall apply to the MU district, with the following exceptions:
a)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
1.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).
Fences
2.(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 whichstandards are applicable.
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City of Rexburg Development Code: CBD
SECTION5.3:CENTRAL BUSINESS DISTRICT (CBD)
*All Zoning Standards apply.
(See 3.01-3.06)
5.03.010. Purpose and Objectives5.03.100. Distance Between Buildings
5.03.020.Architectural Design Standards5.03.110. Permissible Lot Coverage
5.03.030. Permitted& ConditionalUses5.03.120. Mixed Use Projects
5.03.040. Lot Area5.03.120. Parking, Loading and Access(See 3.04)
5.03.130. Project Plan Approval
5.03.050. Lot Width
5.03.060. Lot Frontage5.03.140. Other Requirements
5.03.080. Prior Created Lots5.03.150.Sidewalk Cafés
5.03.070. Lot Configuration & Density5.03.160.Canopies & Marquees
5.03.080. Yard Requirements5.03.170. 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 Zoneis
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 andgive ita
"character" with which the citizens of Rexburg can identify.
The CBD Zone is a mixed-use zone and residential uses are encouragedon the upper floors of the downtown
buildings.The CBD Zoneis 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 withthe 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 onehundred (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 toBYU-Idaho.
g)Downtown is guided by Public-Private Partnerships, including Agencies.
h)Circulation System Manages “Through” and“To” Traffic Strategically.
i)Downtown Way-Finding andParking Systems are User-Friendly.
j)Downtown Hosts a Central Plaza for Community Events andActivities.
k)Downtown is a great Place toWork, Visit, Shop, Learn, andLive.
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City of Rexburg Development Code: CBD
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, andHistoric Preservation. Implement an
Urban Renewal Program.
g)Install Small Business Amenities andServices 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& ConditionalUses
The following principal uses and structuresindicated as “P”, and no others, shall be permitted in the CBDzone.
The following uses and structures indicated as “CUP” may be permitted in the CBDzone 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 floorwithout a CUP.)
st
Group HousingDwellings on 1FloorCUP
Apartments(high and low-rise)*P
FamilyApartmentsCUP
(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
HotelsP
Membership LodgingP
Multi-Family*P
Religious QuartersP
(See 3.02.160.)
Short-Term Rental*P
Single-family Dwelling*P
2-family Dwelling: Duplex, Townhome*P
Vacation Rentals P
Care FacilitiesAssisted & Residential Care FacilityCUP
Behavior, Drug & Alcohol TreatmentCUP
Day Care CentersP
Churches, Synagogues and TemplesP
Place of Worship
Other Religious ActivitiesP
Religious Reading RoomsP
Schools, public or Dancing SchoolsCUP
privateNursery SchoolsP
Indoor RecreationAthletic clubs, body building studios, aerobic centers & gymnasiumsP
EntertainmentBilliards and Pool HallsP
Bowling AlleysP
Coin-operated AmusementsP
Cultural ActivitiesP
Dance Halls, BallroomP
Ice SkatingP
Miniature GolfP
Public AssemblyP
Roller Skating & Skate BoardingP
Theatres (Auditoriums, Performing& Motion Picture)P
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City of Rexburg Development Code: CBD
FoodBakeries & Doughnut ShopsP
Candy, nut & confectioneryCUP
Dairy ProductsCUP
Eating Places; restaurantsP
Food storesP
Grocery Stores(5 -10 acres only)P
Fruits & VegetablesCUP
Miscellaneous retail food P
ManufacturingSmall Generation(Minor assembly &other innocuous manufacturing)CUP
RetailApparel and AccessoriesP
Books, stationary, art and hobby suppliesP
Department Stores (junior and major chains)P
Discount DepartmentP
Direct Selling OrganizationP
Dry Goods and general merchandiseP
Electrical SuppliesP
FloristsP
Furniture, Home Furnishings & Equipment (No Combined Warehousing)P
Garden Supplies (Inside Building Only)P
HardwareP
Heating & Plumbing Equipment (No Outside Storage)P
Ice Dealers (Automated Machines orPick-Up Stations Only)P
JewelryP
LiquorStores& PackagingP
Merchandise Vending Machine OperatorsP
Miscellaneous Retail StoresP
Miscellaneous Retail TradeP
Motorcycles, Motor Scooters, Parts, Accessories & SuppliesP
Paint, Glass & WallpaperP
Shopping Centers (Uses Listed Here; 5-10acres)CUP
Sporting Goods, Bicycles, And ToysP
Surplus Stores (inside only)P
Variety StoresP
ServicesAuction HousesCUP
Beauty & Barber shopsP
Building MaintenanceP
Drug & Proprietary StoresP
Educational ServicesP
Equipment RentalCUP
Executive, legislative & judicialP
Gas StationsCUP
GunsmithsP
Laundry & Dry CleaningCUP
LibrariesP
Locksmiths & key shopsP
Miscellaneous Business ServicesP
Miscellaneous Service OrganizationsP
Package Antiques & Second-Hand MerchandiseP
Package Second-Hand Auto Parts (indoor only)P
Personal Services(except wedding chapel and reception centers)P
Photographic ServicesP
Postal ServicesP
Protective functions & related activitiesP
Repair, FurnitureP
Repair, Garment, Pressing & Alteration (no on-site dry-cleaning)P
Repair, Miscellaneous Small ItemCUP
Repair & Service, Electrical ApplianceP
Saw, Knife & Tool SharpeningCUP
Shoe Repair, Hat CleaningCUP
SpasP
Video Rental ShopsP
Wedding Chapels & Reception CentersCUP
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City of Rexburg Development Code: CBD
OfficeBanks, Insurance & Real Estate OfficesP
Business (office & retail sales only)P
Call Centers(additional parking provided & approved by Zoning Admin.)P
Contract Construction Services office & retailP
Dwelling & Building Services OfficeCUP
Mail & phone order housesP
Miscellaneous business services officeP
Professional Services office (exceptbehavior, drug & alcohol treatment)P
Refuse disposal company officeP
Travel AgenciesP
Utility, Electric Company officeP
Utility, Gas Company OfficeP
Utility, Water or Irrigation Company officeP
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 transportationP
CrematoryP
Funeral parlor (mortuary)P
UtilitiesCommunicationsCUP
a.Permitted Accessory Uses.
(See 3.02.100.)
Accessory Accessory BuildingP
5.03.030. Lot Area
There is no minimum lot area in theCBD zone.
5.03.040. Lot Width
Each lot or parcel of land in the CBD Zoneshall 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 Zoneshall 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’) feetfrom 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 landscapingthat 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 3.02.080.)No part of any building shall overhang the public right-of-way.
e.Transitional Development Standards.
(See 3.02.080.)
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City of Rexburg Development Code: CBD
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 orparcel in the CBD Zoneshall 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 whenpossible.
2.When not possible, required parking maybe 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:
a.Uses Within Buildings.
All uses established in the CBD Zoneshall 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
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.
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City of Rexburg Development Code: CBD
Privacy Walls.
Privacy walls which project into a required front yard will be subject to the Zoning
2.
Administratoror designee for review.
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 3.02.110)
Materials for Screening.
1. Materials and location of the screened areas shall be reviewed and approved
by the Zoning Administratoror designee priorto 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.)
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 Committee
Development Director 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 downtownarea.
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 inRexburg.
5.03.145Sidewalk Cafes
Asidewalk 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 useandshall 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.Asetback 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.
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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 RexburgCity 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 duringthe 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.
5.03.150Canopies 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.
A CUP must first be granted by the Planning and ZoningCommission
1.
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.
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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:
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 Zoneapproved 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 ofa 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 tothe 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.
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5.03.160. Lighting Standards(
See3.6.)
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City of Rexburg Development Code: TAG
CHAPTER 6: AGRICULTURE ZONES(CONCURRENT ZONES)
*All Zoning Standards apply.
(See 3.01-3.06)
6.00.010. Purpose and Objectives6.00.100. Building Height
6.00.020. Permitted & Conditional Uses6.00.110. Distance Between Buildings
6.00.030. Permitted Accessory Uses6.00.120. Permissible Lot Coverage
6.00.040. Lot Area6.00.130. Parking, Loading, and Access
6.00.050. Lot Frontage6.00.140. Code Exemptions of Agriculture Buildings
6.00.060. Prior Created Lots6.00.150. Project Approval
6.00.070. Lot Area per Dwelling6.00.160. Other Requirements
6.00.080. Yard Requirements6.00.170. Lighting Standards
6.00.090. Projections into Yards
6.00.010. Purpose and Objectives
The Transitional Agriculturalzonesareintended to anticipate expansion of the City into agricultural areas (lands).
Permitted uses in the TAG zonesinclude all primary agricultural production activities and their accessory uses and
buildings, including farm homes.The TAG zonesareestablished 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 structuresindicated as “P”, and no others, shall be permitted in the TAGzones.
The following uses and structures indicated as “CUP” may be permitted in the TAGzonesonly after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
TRANSITIONAL AGRICULTURE
Resource ProductionAgricultureP
ResidentialManufactured –House on permanent foundation (>24’ wide)CUP
Single-family DwellingP
Group HousingBoarding Houses (See 3.02.160.)P
Group Home (Disabled & Elderly; under 8 residents)P
Care FacilitiesHospitalsCUP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or SchoolsCUP
private
ServicesAirportsCUP
Commercial KennelsCUP
(See4.00.040.)
Home Occupations CUP
Public BuildingsCUP
Small Animal Veterinarian Services (inside only)CUP
CemeteriesCUP
UtilitiesBroadcasting TowersCUP
a.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 BuildingP
6.00.030. Permitted Accessory Uses.
(See 3.02.070.a.)
Accessory uses and structures are permitted in the TAG zonesprovided they are incidental to, and do not
substantially alter thecharacter 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:
a.Residential Uses.
(See 4.00.020.)
b.
Swimming pools and incidental bath houses subject to the standards of Rexburg City Code.
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c.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 permitteduse.
d.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.
e.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 zonesshallbe two (2) acres.
6.00.050. Lot Frontage
Each lot or parcel of land in the TAG zonesshall 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
zonesshall 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:
a.Front Yard.
Each lot or parcel of land in the TAG zonesshall 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.
b.Side Yard.
Each lot or parcel of land in the TAG zonesshall have aside 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.
c.Accessory Buildings.
(See 3.02.060.)
d.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%) percentof the lot
area.
6.00.130. Parking, Loading, and Access
(See 3.04)
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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
a.Landscaping.
(See 3.02.100.)
b.Trash.
(See 3.02.120.)
c.Signs.
(See 3.5.)
6.00.170. Lighting Standards
(See 3.6.)
SECTION6.1:TRANSITIONAL AGRICULTURAL 1 (TAG1)
*All Zoning Standards apply. All Agricultural Zone Standards apply.
(See 3.01-3.06)*(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.
SECTION6.2:TRANSITIONAL AGRICULTURAL 2 (TAG2)
*All Zoning Standards apply. All Agricultural Zone Standards apply.
(See 3.01-3.06)*(See 6.0)
6.02.010. Lot Width
Each lot or parcel of land in the TAG2zone shall have a widthof not less than two hundred and fifty (250’) feet.
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City of Rexburg Development Code: COMMERCIAL
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 Backand Sides of Building A. Structures Less than 25,000 sq. ft.
7.00.040 Central Features & Community Spaces 7.00.110 Facades
7.00.050 Entryways
7.00.060 Exterior Materials and Colors
7.00.070 Outdoor Storage, Trash Collection & B. Structures 25,000 sq. ft. and greater
Loading Areas7.00.120 Facades
7.00.080 Parking Lot Orientation7.00.130 Entrances
7.00.090 Pedestrian Flows 7.00.140 Building Reuse and Maintenance Plan
7.00.100 Roof Lines
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 growthand to coordinate the overall community presentationwith 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.
a.Objectives.
1.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
qualitybusiness.
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 itsown individual specific requirements.
d.
Standard sections 7.00.010 -7.00.120are applicable to all Commercial buildings. Sections 7.00.130-
7.00.170are additional requirements specific to the size of the commercial structure.
7.00.020. Definitions
The following terms are defined in Chapter 2:
ArticulateFacade
BreezewayLarge Scale Commercial Structures
Building Face, FrontPedestrian Oriented Development
Building Face, PublicPedestrian Walkway
Design StandardsPublic/Private Right-of-Way
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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.
a.Setback.
The minimum setback for any building facade shall be in accordance with the requirements for
thecommercial zone.
Exception:
1.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.
1.Ata minimum, the berm shall contain a double row of evergreen or deciduous
trees planted at intervals offifteen (15’)feet on center.
a.Zone Landscaping Requirements.
Any and all additional landscape requirements of all the commercial
zones, except Community Business Center, shall apply.
Additional Landscaping.
a)Additional landscaping may be required by the Planning and Zoning
Commission toeffectively buffer adjacent land use as deemed appropriate.
7.00.040. Central Features and Community Spaces
a.Objectives.
1.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.
2.Entrances and parking lots shallbe configured to be functional and inviting with walkways
conveniently tied to logical destinations.
3.Bus stops and drop-off/pick-up points shallbe considered as integral parts of the configuration.
4.The features and spaces should enhance the building and the center as integralparts of the Community
fabric.
b.
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:
1.Patio/seating area
2.Pedestrian plaza with benches
3.Transportation center
4.Window shopping walkways
5.Outdoor play area
6.Kiosk area
7.Water feature
8.Clock tower
9.Steeple
10.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.
c.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.
a.
Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no
less than three(3)of the following:
1.Canopies or porticos
2.Overhangs
3.Recesses/projections
4.Arcades
5.Raised corniced parapets over the door
6.Peaked roof forms
7.Arches
8.Outdoor patios
9.Display windows
10.Architectural details such as tile work and moldings which are integrated into the building structure
and design
11.Integral planters or wing walls that incorporate landscaped areas and/or places for sitting
b.
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.
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City of Rexburg Development Code: COMMERCIAL
a.High Quality.
Predominant exterior building materials shall be high-quality materials. These include,
without limitation:
1.Brick
2.Wood
3.Sandstone
4.Other native stone
5.Tinted, textured, concrete masonry units
6.Stucco, EIFS, Dryvit
7.Material that are designed to appear as wood (excluding vinyl)
b.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:
1.Smooth-faced concrete block
2.Tilt-up concrete panels without mitigating surface treatment
3.Pre-fabricated steel panels
4.Vinyl siding
5.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 shouldbe screened, recessed,or
enclosed.
a.Location.
1.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.
2.No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be
located withintwenty (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
morethan one building is located on a site and such buildings are not more than forty (40’) feet apart,
or on those sidesof buildings that do not have customer entrances.
b.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.
d.Non-enclosed areas for the storage andsale of seasonal inventory
shall be permanently defined and
screened with walls and/or fences.
Materials, Colors, and Designs.
1.Materials, colors, and designs of screening walls and/or fences shall
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City of Rexburg Development Code: COMMERCIAL
conform to those used aspredominant materials and colors of the building.
Cover.
2.If such areas are to be covered, then the covering shall conform to those used as predominant
materials and colors on the buildings.
e.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.
1.Location and time/duration of such sales/displays shall be reviewed and approved by the Zoning
Administratoror 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 buildingsand 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.
a.Front Yard Parking.
No more than sixty (60%)percent of the off-street parking area for the entire
property shall belocated 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.)
7.00.090. Pedestrian Flows
Pedestrian accessibility opens auto-oriented developments to the neighborhood, thereby reducing traffic impacts
with the placement ofpublic 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.
a.Sidewalks.
Sidewalks shall be at leastfive (5’) feet in width, (six (6’) feet in width where vehicle
overhang will occur).
Along Right-of-Way.
1.Sidewalks shall be provided along all sides of the lot that abut a public or
private right-of-way, excluding interstates.
Along Building
2..Sidewalks shall be provided alongthe full length of the building alongany facade
featuring a customer entrance, and along any facade abutting public parking areas.
From Facade.
3.Sidewalks shall be located an average of six (6’) feetfrom the facade of the building to
provide planting beds for foundation landscaping, except where features such asarcades or entryways
are part of the facade.
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Doors.
4.Entry/exit doors shall not be allowed to encroach upon the required sidewalk widthwhen
opened.
5.The Planning and Zoning Commission may waive this requirement as part of a development
agreement.
b.Internal Pedestrian Walkways.
Continuous internal pedestrian walkways, no less than five (5’)feet in
width (six (6’) feet in width wherevehicle 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.
1.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.
Landscape.
2.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.
Materials.
3.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 thewalkways.
Signs.
4.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.
a.
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 designsmay be acceptable and can be addressed during the preliminary
development plan.
A.Structures less than 25,000 sq. ft.
Principal buildingsshall contain additional, separately owned stores, which occupy less than twenty-five
thousand (25,000) square feetof gross floor area, with separate, exterior customer entrances.
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City of Rexburg Development Code: COMMERCIAL
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 shouldencourage a more human scale that residents of Rexburg-Madison Countywill 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 foreach 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 leastforty (40%) percentof the facade.
c.
Wherethere areadditional, smaller separately-owned stores, with separate, exterior customer entrances
located in the principal building or development side, the following standards apply:
Street Level.
1.The street level facade of such stores shall be transparent between the height of three
(3’) feet and eight (8’) feetabove the walkway grade for no less than forty (40%)percent of the
horizontal length of the building facade of such additional stores.
Windows.
2.Windows and window displays should be used to contribute to the visual interest of
exterior facades.
a)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 buildingscancontain additional, separately owned stores, which occupy morethan twenty-five
thousand (25,000) square feet of gross floor area, withmultiple 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 shouldencourage 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,
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City of Rexburg Development Code: COMMERCIAL
public way, or any facility, or parking lot used by the general public and shall extend over twenty (20%)
percent of the facade.
b.Animating Features.
Developments shalluse animating features such as arcades, display windows, entry
areas, or awnings along at least sixty (60%)of the facade.
c.
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.
1.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.
2.Windows shall be recessed and should include visually prominent sills, shutters, or other
such forms offraming.
7.00.130. Entrances
a.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.
1.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.
2.All sides ofa principal building that directly face an abutting public or private right-of-way shall
feature at least one (1) customer entrance.
Back and Sides.
a)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.
Primary and Secondary Facing.
3.Where a principal building directly faces more than two(2)
abutting public or private rights-of-way, two(2)sides of the buildingshall 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.
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City of Rexburg Development Code: COMMERCIAL
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.
a.
Such plan will be approved if the Planning and ZoningCommission finds thatall of the following items are
adequate:
Comprehensive Plan and Development Code Compliance.
1.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
2..A sound and adequate financial program exists for the financing of said
redevelopment.
Rehabilitation and Redevelopment
3..The plan affords maximum opportunity for rehabilitation or
redevelopment of the structure by both private enterprise and the municipality.
Normal Upkeep and Repairs.
4.The reuse plan provides a maintenance plan for normal repairsand
upkeep of property, including but not limited to building, parking lots and surfacing, landscaping,
signage, and elimination of "ghost signage."
b.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.
1.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 commercialzone 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. Such uses may include, but would not be limited to,
service stations, ice skating, miniature golf, plant nurseries, etc.
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City of Rexburg Development Code: COMMERCIAL
b.Trash Storage.
(See 3.02.120.)
Materialsand Location.
1.
a)Materials used for screening should be consistent with the predominant material found in the
exterior construction of the building used by the business served.
b)As a minimum, a vinyl fence will be allowed.
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City of Rexburg Development Code: CBC
7.1RESERVED
SECTION7.2:COMMUNITY BUSINESS CENTER (CBC)
*All Zoning Standards apply. All Commercial Zone Standards apply.
(See 3.01-3.06)*(See 7.0)
7.02.010. Purpose and Objectives7.02.090. Building Height
7.02.020. Permitted & Conditional Uses7.02.100. Distance Between Buildings
7.02.025. Single Ownership and Control7.02.110. Permissible Lot Coverage
7.02.030. Lot Area7.02.120. Parking, Loading and Access
7.02.040. Lot Width7.02.130. Project Plan Approval
7.02.050. Lot Frontage7.02.140. Other Requirements
7.02.060. Prior Created Lots7.02.150. Commercial Design Standards
7.02.070. Yard Requirements7.02.160. Commercial Lighting Standards
7.02.080. Projections into Yards
7.02.010. Purpose and Objectives
The Community BusinessCenter 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.
a.Integrated Shopping Center.
The CBC zone shall not be appliedto an existing commercial development
which has not been designed and constructed as an integrated community shopping center.
b.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 structuresindicated as “P”, and no others, shall be permitted in the CBCzone.
The following uses and structures indicated as “CUP” may be permitted in the CBCzone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
COMMUNITY BUSINESS CENTER (CBC)
Resource ProductionFarming, Fibers, Fruits, VegetablesP
Grain (silos)CUP
Group HousingCampgrounds and TravelP
Motels & Motor HotelsCUP
Residential Facility for Elderly Persons (not including assisted living; greater than 8 CUP
residents)
Day Care CentersP
Care Facilities
HospitalsP
Nursing HomeCUP
Out-Patient MedicalP
Place of WorshipChurches, Synagogues and TemplesCUP
Schools, public or privateNursery SchoolsP
SchoolsP
Indoor RecreationAthletic clubs, body building studios, aerobic centers & gymnasiumsP
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City of Rexburg Development Code: CBC
EntertainmentAmusement ParksP
ArcadesP
Art GalleriesP
Athletic FieldsP
Billiards and Pool HallsP
Bowling AlleysP
Campgrounds & TravelP
Coin-operated AmusementsP
Dance Halls, BallroomP
Drive-In MoviesP
FairgroundsP
Go-Cart, 4-wheeler TracksCUP
Golf Driving RangesP
Ice SkatingP
Miniature GolfP
MuseumsP
Parks & PlaygroundsP
Recreation CentersP
Riding StablesCUP
Roller Skating RinkP
Roller Skating & Skate Boarding ParkCUP
Skiing & TobogganingP
Stadiums, Arenas & Field HousesCUP
Swimming PoolsP
Tennis CourtsP
Theatres (Auditoriums, Performing Theatres, Motion Picture)P
FoodBakeriesP
Candy, Nut ConfectionaryP
Eating Places; RestaurantsP
Food LockersCUP
Food StoresP
Fruits & VegetablesP
Miscellaneous Retail Food P
Seasonal Food Sales (Street & Road-side Stands)P
RetailAntiquesP
Apparel and AccessoriesP
Automobile Accessories (except tire recapping & vulcanizing)P
Automobile Sales (New & Used)P
Books, stationary, art and hobby suppliesP
Commercial PrintingP
Department Stores (junior and major chains)P
Discount DepartmentP
Drugs & Druggist suppliesP
Drug & Proprietary StoreP
Dry Goods and general merchandiseP
Electrical SuppliesP
Farm EquipmentP
Flat Glass, GlasswareP
Furniture, Home Furnishings & Equipment (No Combined Warehousing)P
Garden Supplies (Inside Building Only)P
Gasoline Service StationsP
HardwareP
Heating & Plumbing& A/CEquipment (No Outside Storage)P
Ice Dealers (Automated Machines orPick-Up Stations Only)P
Instruments for MeasuringP
JewelryP
Laboratory & Research InstrumentsP
Liquor StoresP
Lumber Yards & Building MaterialsP
Miscellaneous Retail Stores(florist, photo supplies, pet stores, etc.)P
Motorcycles, Motor Scooters, Parts, Accessories & SuppliesP
Optical Instruments & LensesP
Paint, Glass & WallpaperP
Pottery & Related ProductsP
Professional, Scientific Equipment & SuppliesP
Radio-controlled AirplanesP
Retail TradeP
Shopping Centers & Malls (Uses Listed Here)P
Sporting Goods, Bicycles, And ToysP
Swimming Pool SuppliesP
Thrift Store and Second-Hand Merchandise (Inside Only, No Collection Boxes)P
Variety StoresP
Wholesale CUP
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City of Rexburg Development Code: CBC
SERVICES
Animal GroomingP
AnimalAnimal KennelsCUP
Veterinarian Services (Small Animal Indoor Only) P
Animal Hospital (Small Animal Outpatient Clinic Only)CUP
Automobile Glass RepairP
Automobile
Automobile(Manufacture &Installation of Accessories)No tire recapping/vulcanizingCUP
Automobile RepairP
(*See Conditions at end of list.)
Auto & Truck Rental P
Auto Washing, Polishing, DetailingP
Building Contractor Offices, Retail,P
Construction
& Storage YardsCUP
Carpentering, Wood Flooring InstallationP
ConcreteP
Engineer, Architectural & PlanningP
Masonry, Stonework & PlasteringP
Painting, Wall Papering, DecoratingP
Roofing & Sheet MetalP
Executive, legislative & judicialP
Government
LibrariesP
Police Protection & Related Activities OfficeP
Postal ServicesP
GunsmithsP
Manufacturing
Package Antiques & Second-Hand MerchandiseP
Printing/Publishing (including newspapers)P
Scientific Research & TestingP
Small Generation (Minor assembly & other innocuous manufacturing)CUP
Horticulture & Plant NurseriesP
Ambulance CUP
Medical
Dental OfficesP
Drug & Proprietary StoresP
Medical LaboratoriesP
Out-PatientP
Physicians’ Offices & ServicesP
Banks, Insurance & Real Estate OfficesP
Office Only
Business (office & retail sales only)P
Call CentersCUP
Duplicating, stenographic and office services P
Dwelling & Building Services OfficeP
Mail & phone order housesP
Professional Services office (not behavior, drug & alcohol treatment)P
Organizations
BusinessAssociations& Professional MembershipP
Clubs & Service Organizations (civil, social and fraternal)P
Labor OrganizationsP
Miscellaneous Service OrganizationsP
Protective functions & related activities P
Welfare & Charitable ServicesP
Personal
Accounting & Bookkeeping P
Auction Houses CUP
Beauty & BarberP
ConsultingP
Consumer Credit or Collection P
Educational Services P
Employment servicesP
Legal P
Photographic ServicesP
SpasP
Rent
Equipment Rental & LeasingP
Video Rental Shops P
Wedding Chapels& Reception CentersP
RepairElectrical Appliance Repair & ServiceP
Furniture RepairP
Jewelry, Watch, ClockRepairsP
Laundry P
Dry Cleaning (pick-up only)P
Dry CleaningCUP
Miscellaneous Small Item RepairCUP
Pressing, alteration and garment repair (no on-site dry cleaning)P
Saw, Knife & Tool Sharpening CUP
Shoe RepairP
P
Travel Agencies
CUP
UtilityBottled Gas
CUP
Gas (Natural or Manufactured Storage & Distribution Points)
CUP
Household Good Warehousing & Storage
Warehousing
CUP
Refrigerated Warehousing
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City of Rexburg Development Code: CBC
TransportationAutomobile Parking Lots and Garages (no impound or long-term storage)P
Bus Passenger TerminalsP
Bus Garaging & Equipment MaintenanceCUP
Motor Freight Garaging & MaintenanceCUP
Motor Freight TerminalsCUP
Railroads (Terminals & Yards)CUP
CrematoryP
Funeral parlor (mortuary)P
UtilitiesCommunications (TV, Radio, etc.) Stations & TowersCUP
Debris BasinCUP
Electric Generation PlantsCUP
Electric SubstationsCUP
Gas, NEC CUP
Gas Pressure Control Stations P
Irrigation Distribution ChannelsP
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, P
storm drain)P
Sewage Pumping StationsP
Spreading Grounds (For Percolating Water into Underground)CUP
Storm DrainP
Water Pressure Control Stations & Pumping PlantsP
Water StorageCUP
Automobile Rental conditions:
1.Limited to passenger cars only.
2.Storage of vehicles on-site cannot exceed the parking allocated for the leasable floor space for the business.
3.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 BuildingP
7.02.030. Lot Area
a.minimum
The 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.maximum
The 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:
a.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.
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City of Rexburg Development Code: CBC
1.Said front yard shall not be used for vehicular parking and shall be appropriately landscaped.
Exception:
2.In areas developed prior to the establishment of this zone, the front yard may beequal 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.
1.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.
2.There shall be no requirement in those instances where the side
property line abuts a commercial or industrial zone.
Accessory Buildingon Side Property Line
3..(See 3.02.060.)
a)
The accessory building shallprovide 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.
1.Storage units are required to be built internally to a lot.
Buffer.
2.
a)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
a.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
1..A minimum of ten (10%) percent of the site shall be landscaped.
Unpaved Areas.
2.In addition to required landscaping, all unpaved areas shall be landscaped.
b.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 surfacesshall not cover an area of more than
seventy (70%) percent of the lot or parcel ofland upon which they are placed.
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City of Rexburg Development Code: CBC
Landscaping.
1.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.bshall apply, with the
following limitations:
1.The requirements of Section 7.2.140.bshall 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
(See3.04.)
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
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.Signs.
(See3.05.)
c.Uses Within Buildings.
(See 7.00.150.)
d.Trash Storage.
(See 3.02.120.)
e.Fences.
(See 3.02.110.)
7.02.150 CommercialDesign Standards
(See 7.)& (See 3.6.) for Lighting
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City of Rexburg Development Code: RBC
SECTION7.3:REGIONAL BUSINESS CENTER (RBC)
*All Zoning Standards apply. All Commercial Zone Standards apply.
(See 3.01-3.06)*(See 7.0)
7.03.010. Purpose and Objectives
7.03.090. Projections into Yards
7.03.020. Permitted & Conditional Uses7.03.100. Building Height
7.03.025. Single Ownership and Control7.03.110. Distance Between Buildings
7.03.030. Lot Area7.03.120. Permissible Lot Coverage
7.03.040. Lot Width7.03.130. Parking, Loading and Access
7.03.050. Lot Frontage7.03.140. Project Plan Approval
7.03.060. Prior Created Lots7.03.150. Other Requirements
7.03.070. Area of Zone7.03.160. CommercialDesign Standards
7.03.080. Yard Requirements7.03.170. 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 residentialareas.
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 inthe 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 structuresindicated as “P”, and no others, shall be permitted in the RBCzone.
The following uses and structures indicated as “CUP” may be permitted in the RBCzone only after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
REGIONAL BUSINESS CENTER (RBC)
Resource ProductionFarming, Fibers, Grains, Fruits, Vegetables-
Group HousingMotels & Motor HotelsP
HotelsCUP
Care FacilitiesDay Care CentersP
Place of WorshipChurches, Synagogues and Temples-
Schools, public or privateBarber & Beauty SchoolP
Dancing Schools& StudiosP
Nursery SchoolsP
Indoor RecreationAthletic clubs, body building studios, aerobic centers & gymnasiumsP
SpasP
EntertainmentBilliards and Pool HallsP
Bowling AlleysP
Coin-operated AmusementsCUP
Dance Halls, BallroomCUP
Ice SkatingP
Miniature GolfCUP
Roller Skating & Skate BoardingP
Theatres (Auditoriums, Performing Theatres, Motion Picture)CUP
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City of Rexburg Development Code: RBC
FoodBakeriesP
Candy, Nut, ConfectioneryP
Eating Places; restaurantsP
Food storesP
Miscellaneous retail food P
ManufacturingGunsmithsP
Small GenerationCUP
RetailAntiques(no outside display)CUP
Apparel and AccessoriesP
Automobile Accessories (except tire recapping & vulcanizing)P
Automobile Sales (New;Used(See Accessory Uses))P
Books, stationary, art and hobby suppliesP
Department Stores (junior and major chains)P
Discount DepartmentP
Drug & proprietary storesP
Electrical SuppliesP
Furniture, Home Furnishings & Equipment (No Combined Warehousing)P
Garden Supplies (Inside Building Only)P
Gas, BottledCUP
Gas Storage, Distribution Points (Natural or Manufactured)CUP
Gasoline Service StationsP
HardwareP
Ice Dealers (Automated Machines or Pick-Up Stations Only)P
JewelryP
Liquor, packageCUP
Merchandise vending machine operatorsP
Miscellaneous Retail Stores(florists, photo supplies, pet stores, etc.)P
Motorcycles, Motor Scooters, Parts, Accessories & SuppliesCUP
Paint, Glass & WallpaperP
Retail TradeP
Sporting Goods, Bicycles, And ToysP
Surplus Stores (inside only)CUP
Swimming Pool SuppliesP
Truck & Bus Sales (New; Used (See Accessory Uses))P
Variety StoresP
SERVICESAuction HousesCUP
Auto RentalCUP
Auto Washing & PolishingP
Banks, Insurance and Real Estate (office only)P
Beauty & Barber ShopsP
Building MaintenanceP
Building
Dwelling & BuildingofficeCUP
Engineering, Architectural and PlanningP
Data ProcessingP
Dental Office & ServiceP
Duplicating, mailing, stenographic and officeP
EmploymentP
Equipment Rental (Indoor Only)CUP
Executive, legislative and judicialP
Government
LibrariesP
Police Protections & Related Activities (office only)CUP
PostalP
Laundry & Dry CleaningCUP
LegalP
Locksmiths and key shopsP
Mail and phone order housesP
Miscellaneous Business ServicesCUP
PhotographyP
Physicians’ officesP
ProfessionalP
Protective functions & related activitiesP
Repair, ApparelP
Repair, Electrical ApplianceCUP
Repair
Repair, Jewelry, Watch, ClockP
Repair, FurnitureCUP
Repair, Miscellaneous Small ItemCUP
Saw, knife and tool sharpeningCUP
Tourist CourtCUP
Travel AgenciesP
Video RentalP
Wedding Chapel & Reception CentersCUP
Transportation-
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City of Rexburg Development Code: RBC
Funeral parlor (mortuary)CUP
Communications (TV, Radio, etc.) Stations & TowersCUP
Utilities
Debris BasinCUP
Electric SubstationsCUP
Gas, NEC CUP
Gas Pressure Control StationsP
Irrigation Distribution ChannelsP
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, P
storm drain)
Sewage Pumping StationsP
Spreading Grounds (For Percolating Water into Underground)CUP
Storm DrainP
Water Pressure Control Stations & Pumping PlantsP
Water Storage(covered)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 BuildingP
Used Cars & TrucksAccessory to New Car, Truck SalesP
7.03.025. Single Ownership and Control
a.
Land within a given RBC zone shall bein singleownership or single control in orderto provide for
integrated developmentunless requested and approved by the Rexburg City Council.
b.Single Ownership.
The term,"single control",shall be construed to allow the recordingof a Record of
Survey which is inconformance 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.
1.Failure to maintain single ownership or single controlmay result in the initiation
of action to return the property to the zone, or zones, existing prior to the establishment of the
RBC zone.
c.Record of Survey before Building Permits.
The Record of Survey must be approved and recorded prior
to the issuanceof 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 Recordof 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.)
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City of Rexburg Development Code: RBC
7.03.070. Yard Requirements
The following minimum yard requirements shall apply in the RBC zone:
a.Front Yard.
Each lot or parcel in the RBC zone shall havea 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.
Adjacent to Residential.
1.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.
Commercial or Industrial.
2.There shall be no requirements in those instances where the side property
line abuts a commercial or industrial zone.
Accessory Buildingon Side Property Line.
3.(See 3.02.060.)
c.Rear Yard.
Adjacent to Residential.
1.Each lot or parcel of land in the RBC zone shall have a rearyard of at least
ten (10’) feet when located adjacent to a residential zone.
Commercial orIndustrial.
2.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 ofmore than thirty (30%) percent of
the lot or parcel of land upon which they are placed.
b.Landscaping.
A minimum often(10%) percentlandscaping is required.
Unpaved Areas.
1.In addition, all unpaved areas shall be landscaped.
7.03.130. Parking, Loading, and Access
(See 3.04.)
b.
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’).
c.Loading Spaces.
Loading spaces shall be provided unless applicant provides information to staff
identifying acceptable alternate means.
Change of Use.
1.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
a.Highway 20 Corridor.
(See 3.02.100.e.)
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City of Rexburg Development Code: RBC
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 thathas one of the following:
a)No drive entrances directly from an arterial into the development
b)No frontage on an arterial road
c)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 streetshall be entitled to two (2) additional free-standing, development entrance signs subject
to the following standards:
Sign Copy.
a)Sign copy shall be limited to the name, logo,and address of the development.
Sign Location.
b)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.
City-Owned Right-of-Way.
c)A sign may be located in a landscaped or concrete median in city-
owned right-of-way subject to:
1)Issuance of an encroachment permit
2)Resolution of all sight safety issues
Size.
d)Sign size shallbe limited to one hundred (100) square feet.
Height.
e)Sign height shall be limited to twenty (20’) feet.
Sign Area.
f)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.)
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City of Rexburg Development Code: RBC
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City of Rexburg Development Code: RBC
Page 214of 360
City of Rexburg Development Code: HIGHWAY BUSINESS
CHAPTER 8:HIGHWAY BUSINESS DISTRICTZONES
*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:
a.2 hr. Fire Wall.
The accessory building doesnothave openings on the side which is contiguous to the side
or rearproperty line, and the wall of said building adjacent to the property line has a two (2) hour fire
retardant rating.
b.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.
c.
Larger accessory buildings shall meet the side and rear yard setbacksfor principal buildings.
d.
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
a.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
(See3.6.)
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City of Rexburg Development Code: HIGHWAY BUSINESS
Page 216of 360
City of Rexburg Development Code: LI
8.1RESERVED
SECTION8.2:LIGHT INDUSTRIAL (LI)
*All Zoning Standards apply. All Highway Business Zone Standards apply.
(See 3.01-3.06)*(See 8.0)
8.02.010. Purpose and Objectives8.02.100. Building Height
8.02.020. Permitted & Conditional Uses8.02.110. Distance Between Buildings
8.02.030. Lot Area8.02.120. Permissible Lot Coverage
8.02.040. LotWidth8.02.130. Parking, Loading, and Access
8.02.050. Lot Frontage8.02.140. Project Plan Approval
8.02.060. Prior Created Lots8.02.150. Other Requirements
8.02.080. Yard Requirements8.02.160. Commercial Lighting Standards
8.02.090. Projections into Yards
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, storageand 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 highwaysand the available utilities
necessary for successful manufacturing or processesThe 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.
a.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:
1.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 ofthe 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 structuresindicated as “P”, and no others, shall be permitted in the LIzone. The
following uses and structures indicated as “CUP” may be permitted in the LIzone only after a Conditional Use
Permit has been approved, and subject to the terms and conditions thereof.
LIGHT INDUSTRIAL (LI)
Resource ProductionAgricultureP
Group HousingCaretaker DwellingsCUP
Care FacilitiesDay Care CentersCUP
Place of WorshipChurches, Synagogues and Temples-
Schools, public or Nursery SchoolsCUP
private
Indoor RecreationAthletic clubs, body building studios, aerobic centers & gymnasiumsP
SpasP
EntertainmentDance Halls, BallroomP
Roller Skating & Skate BoardingP
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City of Rexburg Development Code: LI
FoodBakery ProductsP
Canning -fruits, vegetables, preserves, jams, specialty, etc.CUP
Confectionery & Related ProductsP
Dairy ProductsCUP
Eating Places; restaurantsCUP
Frozen fruits, fruit juices, vegetables, etc.P
Poultry and Small Game Dressing and PackingCUP
RestaurantsCUP
ManufacturingBottling & Canning Soft Drinks and Carbonated WatersP
Converted Paper &Paperboard Products (except containers & boxes)P
DrugsCUP
Fabricated Wire ProductsCUP
Industrial Inorganic Chemicals (includes air separation)CUP
Industrial LaundryCUP
Metal Working Machinery & Equipment(tool & dye shops, machine shops)P
MachineryP
Miscellaneous Fabricated Rubber ProductsCUP
Miscellaneous MachineryP
Miscellaneous Manufacturing (no matches or morticians’ goods)P
Plastic Materials, Synthetic Resins and Non-Vulcanizable ElastomersCUP
Miscellaneous Plastic ProductsCUP
Nonferrous foundries (small casting only)CUP
Printing, Publishing and Allied IndustriesP
Photographic and Optical GoodsP
Professional, Scientific & Controlling InstrumentsP
Small GenerationCUP
Textile Mill Products (No tire cord and fabric.)P
Watches & ClocksP
RetailApparel and Accessories (except leather tanning & finishing)P
Automobile Trade (Used Only)P
Automobile Sales (New & Used)P
Building MaterialsP
Cut Stone & Stone ProductsP
Campers and House Trailers (New & Used)P
Draperies, Curtains, & UpholsteryP
Electrical SuppliesP
Farm & Construction VehiclesP
Farm Equipment & SuppliesP
Furniture, Home Furnishings & Equipment (No Combined Warehousing)P
Gas Storage, Distribution Points (Natural or Manufactured)CUP
Gasoline Service StationsP
Glass, Flat, Pressed or BlownP
HardwareP
Marine Craft & AccessoriesP
Office Machines (Small)P
Optical GoodsP
Paint, Glass & Wallpaper (Flat, Pressed or Blown Glass)P
Perfumes, Cosmetics and Other ToiletriesP
PhotographicGoodsP
Pottery & Related ProductsP
Printing InkP
Rubber FootwearP
Watches & ClocksP
Wholesale Trade P
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City of Rexburg Development Code: LI
ServicesAccounting, Auditing, Bookkeeping services & Management CUP
Investment Offices
Advertising
P
Aircraft & AccessoriesP
Animal VeterinarianP
Animal HospitalP
Automobile TransportationP
Building MaintenanceP
BusinessP
Call CentersCUP
Contract Construction Services (no storage yards)P
Duplicating, mailing, stenographic and officeP
Dwelling & BuildingP
EducationalP
Electric Utility Company OfficeP
Gas Utility Company OfficeP
LegalCUP
Miscellaneous Business ServicesCUP
Operations Centers (No Open Storage Yards)P
Police Protections & Related Activities (office only)CUP
Refuse Disposal Company OfficeP
Repair ServicesCUP
Electric ApplianceP
FurnitureP
Sewage Company OfficeP
Warehousing or Storage ServicesP
Water or Irrigation Company OfficeP
TransportationAutomobile Parking Lot & GaragesP
Heliport (pad only without maintenance facilities)CUP
Miscellaneous transportationP
Motor Vehicle transportationP
Railroads, Rapid-Rail Transit and Street Railway (No Bus Passenger
P
Terminals)
Funeral parlor (mortuary)-
UtilitiesCombination Utilities, NEC (Equipment & Storage Yards)CUP
Communications (TV, Radio, etc.) Stations & TowersP
Low Power Radio Towers & AntennasCUP
Debris BasinCUP
Electric SubstationsCUP
Electric, NECP
Gas, NEC CUP
Gas Pressure Control Stations P
Irrigation Distribution ChannelsP
Miscellaneous UtilitiesP
Other Utilities, NECCUP
Refuse DisposalCUP
Right-of-way (combo, electric transmission, gas pipeline, sewage, water P
pipeline, storm drain)
Sewage Disposal, NECCUP
Sewage Pumping StationsP
Spreading Grounds (For Percolating Water into Underground)CUP
Storm Drain(covered pipes or boxes)P
Water Pressure Control Stations & Pumping PlantsP
Water Reclamation Plats, Sludge Drying Beds, etc.CUP
Water StorageCUP
Water Treatment Plants (Purification)CUP
Water Utilities or Irrigation, NECCUP
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.
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City of Rexburg Development Code: LI
8.02.030. Lot Area
The minimum area of any lot or parcel of land in the LI zone shall be½ 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
Thefollowing minimum yard requirements shall apply in the LI zone:
a.Front Yard.
Each lot or parcel in the LI zone shall have a landscaped front yard of not less than ten (10’)
feetfrom the right-of-way.
b.Side and Rear Yard.
Where adjoining a residential zone, school, or park, aside and/orrear 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.
a.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.)
Page 220of 360
City of Rexburg Development Code: HI
SECTION8.3:HEAVY INDUSTRIAL (HI)
*All Zoning Standards apply. All Highway Business Zone Standards apply.
(See 3.01-3.06)*(See 8.0)
8.03.010. Purpose and Objectives8.03.090. Building Height
8.03.020. Permitted & Conditional Uses8.03.100. Distance Between Buildings
8.03.030. Lot Area8.03.110. Permissible Lot Coverage
8.03.040. Lot Width8.03.120. Parking, Loading, and Access
8.03.050. Lot Frontage8.03.130. Project Plan Approval
8.03.060. Prior Created Lots8.03.140. Other Requirements
8.03.070. Yard Requirements8.03.150. Commercial Lighting Standards
8.03.080. Projections into Yards
8.03.010. Purpose and Objectives
The HI Zoneis 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 zoneis 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.
a.Location.
The HI (Heavy Industrial) zone should be located in areas which are readily accessible to
railroads and major highway routes.
1.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.
1.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&ConditionalUses
The following principal uses and structuresindicated as “P”, and no others, shall be permitted in the HIzone. The
following uses and structures indicated as “CUP” may be permitted in the HIzone only after a Conditional Use
Permit has been approved, and subject to the terms and conditions thereof.
Page 221of 360
City of Rexburg Development Code: HI
HEAVY INDUSTRIAL (HI)
Resource ProductionAgriculture ProcessingP
Animal Husbandry ServicesP
Animal SpecialtiesP
Farm products (raw materials)P
Hay, Grains & FeedP
LivestockCUP
Metals & Minerals (except petroleum products & scrap)P
Caretaker DwellingsCUP
Group Housing
Care FacilitiesDay Care CentersCUP
Place of WorshipChurches, Synagogues and Temples-
Schools, public or privateNursery SchoolsCUP
Indoor RecreationAthletic clubs, body building studios, aerobic centers & gymnasiumsP
SpasP
Outdoor Recreation-
EntertainmentDance Halls, BallroomCUP
FoodAnimal and Marine Fats & OilsCUP
Eating Places; restaurantsCUP
Food & Kindred Products (Except meat packing, animal and marine fats & oils)P
Meat PackingCUP
ManufacturingAmmunition (Fire Arms)CUP
Blast Furnaces, Steel Works, etc.CUP
Commercial PrintingP
Concrete, Gypsum and Plaster ProductsCUP
Electric Generation Conventional FuelCUP
Nuclear EnergyCUP
ExplosivesCUP
Fire WorksCUP
Fabricated Metal Products (except ordinate and accessories)P
FilmP
Industrial LaundryP
Iron & Steel FoundriesCUP
Junk Dealers & Salvage OperationsCUP
Leather Tanning & FinishingP
Lumber & Wood ProductsP
MatchesP
Metals & Minerals (except petroleum products &scrap)P
Miscellaneous ManufacturingCUP
Non-Clay RefractoriesCUP
Nonferrous forgingsP
Nonferrous foundries P
Paper and Allied Products (except pulp)P
PulpCUP
Primary Smelting & Refining of Nonferrous MaterialsCUP
Reclaimed RubberCUP
Recycle CenterCUP
Rolling, Drawing & Extruding of Nonferrous MetalsCUP
Scrap & Waste MaterialsCUP
Secondary Smelting & Refining of Nonferrous MetalsCUP
Structural Clay ProductsCUP
Tire Cord & FabricP
RetailAuto Parts (Secondhand, Dismantling of Automobiles to Sell Parts)CUP
Building Materials P
Lumber YardsP
Paving & RoofingCUP
Chemicals & Allied Products (Explosives & Fireworks Only)P
Farm Machinery & EquipmentP
Fire Arms –Ammunition OnlyCUP
Fireworks OnlyCUP
Garden SuppliesCUP
Gas Storage, Distribution Points (Natural or Manufactured)CUP
Gasoline Service StationsCUP
Heating & Plumbing EquipmentP
Janitorial SuppliesP
Miscellaneous Wholesale TradeCUP
Morticians’ GoodsP
Ordinate AccessoriesCUP
Truck & Trailer Rentals (no drivers) CUP
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City of Rexburg Development Code: HI
ServicesAuction YardP
Contract Construction Services (no storage yards)P
EducationalP
Equipment Rental & LeasingCUP
Gas & Electric Utility Company OfficeP
Military FacilitiesP
Operations Centers (No Open Storage Yards)P
Petroleum Bulk Stations & TerminalsP
Police Protections & Related Activities (office only)CUP
Repair ServicesP
Sewage Company OfficeP
Truck RepairCUP
Warehousing or Storage ServicesP
Water or Irrigation Company OfficeP
TransportationAutomobile Parking Lot & GaragesP
Heliport (pads & maintenance facilities)CUP
Miscellaneous transportationP
Motor Vehicle transportationP
Railroads, Rapid-Rail Transit and Street Railway (No Bus Passenger Terminals)P
Funeral parlor (mortuary)
UtilitiesCombination UtilitiesP
Communications (TV, Radio, etc.) Stations & TowersP
Low Power Radio Towers & AntennasCUP
Gas Pressure Control Stations P
Irrigation Distribution ChannelsP
Miscellaneous Utilities (conventional fuel)P
Other Utilities, NECP
Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, P
storm drain)
Sewage Pumping StationsP
Storm DrainP
Water Pressure Control Stations & Pumping PlantsP
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:
a.Front Yard.
Each lot or parcel of land in the HI zone shall have a landscaped front yard of at least ten
(10’) feetfrom 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.
1.
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.)
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City of Rexburg Development Code: HI
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.
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.Uses WithinBuildings.
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.)
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City of Rexburg Development Code: HI
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Page 225of 360
City of Rexburg Development Code: HI
Page 226of 360
City of Rexburg Development Code: OS
CHAPTER 9:OTHER ZONES
*All Zoning Standards apply.
(See 3.01-3.06)
SECTION 9.1Reserved
SECTION9.2: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 structuresindicated as “P”, and no others, shall be permitted in the OSzones. The
following uses and structures indicated as “CUP” may be permitted in the OSzonesonly 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 WorshipChurches, Synagogues and Temples-
Schools, public or -
private
Outdoor RecreationFishingCUP
Nature ExhibitsCUP
Parks and Playgrounds, Skate ParksP
Entertainment
Cultural ActivitiesCUP
Recreational ActivitiesCUP
ServicesWater Utilities or Irrigation Company OfficeCUP
Special BuildingsEquipment Buildings under 1,000 square feetP
Playground EquipmentP
Pump Houses under 1,000 square feetP
Restrooms under 1,000 square feetP
Special Land TypesDebris BasinCUP
Drainage BasinP
FloodwaysP
Forest ReservesCUP
TransportationAutomobile Parking Lots & GaragesCUP
Highways and Streets right-of-wayCUP
Railroads, Rapid TransitCUP
Cemeteries-
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City of Rexburg Development Code: OS
UtilitiesElectricity Regulating SubstationsCUP
Gas Pressure Control StationsCUP
Irrigation Distribution ChannelsCUP
Irrigation, NECCUP
Other UtilitiesCUP
Right-of-way (combo, electric transmission, gas pipeline, sewage, water CUP
pipeline, storm drain)
Sewage Pumping StationsCUP
Water Pressure Control Stations & Pumping PlantsCUP
Water StorageCUP
Water UtilitiesCUP
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.
1.Details shall be presented to the Planning and Zoning Commission and Zoning Commission for
approval.
9.02.040 Lighting Standards(
See 3.6.)
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City of Rexburg Development Code: PF
SECTION9.3:PUBLIC FACILITIES (PF)
*All Zoning Standards apply.
(See 3.01-3.06)
9.03.010. Purpose and Objectives9.03.090. Transitional Development Standards
9.03.020. Permitted Uses9.03.100. Building Height
9.03.025.Conditional Uses9.03.110.Distance Between Buildings
9.03.030. Lot Area9.03.120. Permissible Lot Coverage
9.03.040. Lot Width9.03.130. Parking, Loading and Access
9.03.050. Lot Frontage9.03.140.Project Plan Approval
9.03.060. Prior Created Lots9.03.150.Other Requirements
9.03.070. Yard Requirements9.03.160. Commercial Lighting Standards
9.03.080. Projections into Yards
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 structuresindicated as “P”, and no others, shall be permitted in the PFzones. The
following uses and structures indicated as “CUP” may be permitted in the PFzonesonly after a Conditional Use
Permit has been approved, and subject to the terms and conditions thereof.
PUBLIC FACILITIES
Accessory Accessory BuildingP
Resource ProductionMining and quarryingCUP
Residential-
Group HousingGroup Home (Disabled & Elderly)CUP
Care FacilitiesBehavior, drug and alcohol treatmentCUP
HospitalsCUP
Operation centersCUP
Place of WorshipReligious activitiesCUP
Schools, public or
Military academies CUP
private
Nursery, primary, and secondary educationP
SchoolsP
Special training P
University, college, junior college, professional school educationP
Outdoor RecreationAirports and flying fields CUP
ParksP
FairgroundsP
Fishing activities CUP
Forest ReservesP
Golf CourseP
Group or organized camps CUP
Nature ExhibitsP
Recreational activitiesP
Sports FieldsP
Swimming PoolsP
EntertainmentCultural activitiesP
Dance halls CUP
Public assemblyCUP
TheatresP
Food-
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City of Rexburg Development Code: PF
ManufacturingActive slag dumps and mineral waste disposalsCUP
Aircraft manufacturing and assembling (in or adjacent to an airport)CUP
Central garbage grinding stations and composting plantsCUP
Electric generation plants (conventional fuel including hydroelectric, solar, CUP
etc.)
Small generationCUP
RetailAircraft engines and engine parts (in or adjacent to an airport)CUP
Aircraft parts other than engines (in or adjacent to an airport)CUP
Ambulance servicesCUP
Services
Combination utilities company storage yards and equipment storage CUP
Governmental services (except Management Investment Offices, Open-End)P
Office OnlyElectric utility company officeP
Gas utility company officeP
Housing Authority offices and administrationP
Police protection and related activities, branchP
Refuse disposal company office P
Sewage company office P
Water utilities or irrigation company officeP
Funeral parlor, cemetery, and crematory servicesCUP
Heliports and general aircraftCUP
Highways and street rights-of-wayP
Parking lot –automobile parking lot and garagesCUP
Railroad, rapid transit (public or private)CUP
UtilitiesCombination utilities, NECP
Communications P
Debris basin (A dam and basin for intercepting debris)P
Electricity regulating substationsCUP
Right-of-way (combo, electric transmission, gas pipeline, sewage pipeline, P
water pipeline, storm drain*)
Gas pressure control stationsP
Irrigation distribution channelsP
Other gas utilities, NECCUP
Other sewage disposal, NECCUP
Other utilitiesCUP
Other water utilities or irrigation, NECP
Sewage pumpingstationsP
Spreading grounds (Area for percolating water into under-ground)P
Water pressure control stations and pumping plantsP
Water reclamation plants, sludge drying beds, etc.CUP
Water storage as part of a utility system P
Water treatment plants (purification)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.
1.Swimming pools and incidental bath houses subject to the standards of Rexburg City Code;
2.A detached single-family residence used only for the use of a caretaker, watchman, or similar
employeeof a permitted use, when located upon the same site as said permitted use;
3.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
a.
No minimum lot size.
b.
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.
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City of Rexburg Development Code: PF
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:
a.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.
1. 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.
b.Side & Rear Yard.
Adjacent to Residential.
1.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.
2.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
a.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:
1.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 Administratorto requirethe 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.)
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City of Rexburg Development Code: PF
9.03.140Plan Approval
.(See 3.02.130.)
9.03.150. Other Requirements
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.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 findsthat such impacts cannot be mitigated by the
imposition of conditions.
e.Signs.
(See 3.5.)
f.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.
Page 232of 360
City of Rexburg Development Code: RBD
SECTION9.4: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.
a.Objectives.
1.A single structure that will function as a part of a greater neighborhood.
2.The architectural design and character will be compatible with thatof the surrounding residential
environment.
3.Attractive and well-maintained landscaping will also be characteristic of this zone.
b.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 structuresindicated as “P”, and no others, shall be permitted in the RBDzones.
The following uses and structures indicated as “CUP” may be permitted in the RBDzonesonly after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
RESIDENTIAL BUSINESS DISTRICT
Resource ProductionAgriculture-
Residential-
GroupHousing-
Care FacilitiesDay Care CentersCUP
Place of WorshipChurches, Synagogues and Temples-
Schools, public or Nursery SchoolsCUP
private
Outdoor Recreation-
Page 233of 360
City of Rexburg Development Code: RBD
FoodBakeries & Doughnut ShopsCUP
Candy, Nut and ConfectioneryCUP
Dairy ProductsCUP
Fruits& VegetablesCUP
RetailBooks, Stationery, Art & Hobby SuppliesP
Drug & Proprietary StoresCUP
ServicesBeauty & Barber ShopsP
Finance, Insurance & Real EstateCUP
Laundry Pressing, Alteration & Garment RepairP
Medical OfficesCUP
Photographic CUP
Professional Service ProvidersP
Special BuildingsAccessory BuildingCUP
Cemeteries-
Utilities-
a.Permitted Accessory Uses.
(See 3.02.070.)Accessory uses and structures may bepermitted 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
a.
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 singlecontrol 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 parcelof 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 whichdoes 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:
a.FrontYard.
1.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.
Exception:
2.Whenthe 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’) feetfrom right-of-way.
b.Rear Yard.
1.The minimum depth of a rear yard shall be twenty (20’) feet.
Accessory building.
2.
a)An accessory building or group of accessory buildings in any residential zoneshall notcover more
than thirty (30%) percent of the rear yard.
Page 234of 360
City of Rexburg Development Code: RBD
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.
c.Side Yard.
Each lot or parcel of land in the RBD zone shall have a side yard of at least six (6’) feetor 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
a.
In an RBD zone, all buildings and structures shall not cover an area greater than seventy (70%) percentof
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 RBDzone 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.
Corner Lots.
1. 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
a.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%) percentof the area of any lot shall be maintained in landscaping unless
Page 235of 360
City of Rexburg Development Code: RBD
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.
Page 236of 360
City of Rexburg Development Code: TOZ
SECTION9.5:TECHNOLOGY AND OFFICE ZONE (TOZ)
*All Zoning Standards apply.
(See 3.01-3.06)
9.05.010. Purpose and Objectives9.05.100. Distance Between Buildings
9.05.020. Permitted Uses9.05.110. Permissible Lot Coverage
9.05.025.Conditional Uses9.05.120. Parking, Loading and Access
9.05.030. Lot Area9.05.130. Conditional Use Permit for Parking
9.05.040. Lot WidthReduction
9.05.050. Lot Frontage9.05.140. Project Plan Approval
9.05.060. Prior Created Lots9.05.150. Other Requirements
9.05.070. Yard Requirements9.05.160. ArchitecturalDesign Standards
9.05.080. Projections into Yards9.05.170. Commercial Lighting Standards
9.05.090. Building Height
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 structuresindicated as “P”, and no others, shall be permitted in the TOZzones.
The following uses and structures indicated as “CUP” may be permitted in the TOZzonesonly after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
TECHNOLOGY AND OFFICE
Resource ProductionAgriculture-
Residential-
Group HousingGroup Home (Disabled & Elderly; under 8 residents)-
Care FacilitiesDay Care CentersCUP
Professional Services (except hospitals, behavior, drug and alcohol P
treatment, sanitariums, convalescent and rest home services.)
Place of WorshipChurches, Synagogues and Temples-
Schools, public or Nursery Schools CUP
private
FoodRestaurants***CUP
ManufacturingMinor assembly and other innocuous manufacturing with approval by the P
Zoning Administrator
Page 237of 360
City of Rexburg Development Code: TOZ
ServicesAdvertising (office only)P
Beauty and barber shop (only in historic buildings on arterial streets)P
Call CentersP
Computer consultantsP
Computer hardware renting or leasing, except finance leasing or from the P
manufacturer
Computer interface equipment for industrial process control-mfg.P
Computer output to microfilm units, computer peripheral equipment-mfg.P
Computer paper-wholesaleP
Computer peripheral equipment repair & maintenanceP
Computer peripheral equipment, rental & leasingP
Computer photography or portraitsP
Computer programming services and program software-customP
Computer repair trainingP
Computer software publishers, pre-packagedP
Computer software tape and disks, blank: rigid and floppy -mfg.P
Computer software, mail-order-retailP
Computer storage units mfg.P
Computer Stores-retailP
Computer terminals mfg.P
Computerterminals-wholesaleP
Computer-aided engineering/design systems services also CAD, CAM.P
Computerized axial-tomography (CT/Cat scanner apparatus -mfg.P
Computers: digital, analog & hybrid
P
Consumer credit servicesP
Duplicating, stenographic, and office servicesP
Employment servicesP
Executive, legislative, and judicial officesP
Financial, Insurance and Real Estate ServicesP
Miscellaneous retail trade CUP
Photography studio (only in historic buildings on arterial streets)P
Prescription pharmacy*(intended for the convenience of permitted P
establishments and/or clients)P
Software programming, systems analysis-customP
Software, computer-wholesaleP
Travel AgenciesP
Veterinarian services**P
Office OnlyDwelling, janitorial, and other building services P
Miscellaneous business services P
Miscellaneous service organizations P
News syndicate services P
Police protection and related activities, branchP
Cemeteries-
UtilitiesCommunications (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
(a)Experimental or scientific research activities are prohibited.
(b)No on-site disposal of dead animals.
(c)The facility shall be located completely within an air-conditioned and soundproofed building.
(d)Animal noise shall not be audible at the nearest property line.
(e)Overnight boarding shall be limited to animals receiving treatment on the premises.
(f)Services shall be limited to small animals only.
(g)No services shall be permitted for poisonous or dangerous animals.
***Restaurants
(a)The restaurant be architecturally compatible with surrounding buildings.
(b)No short order/ fast food or drive-in restaurants.
(c)Signs, landscaping, number of employees, and distance from existing commercial zones, and related matters, shall
be factors considered in thereview and approval of a conditional use permit.
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.
Page 238of 360
City of Rexburg Development Code: TOZ
Accessory Accessory BuildingP
9.05.030. Lot Area
a.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 createdas part of an approved and recorded
subdivision plat, as specified in City Code.
b.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 havean 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:
a.Front Yard.
Each lot or parcel in the TOZ zone shall have a front yard of not less than ten (10’) feetfrom
the right-of-way.
1.Front yardsshall not be used for vehicular parking or maneuvering and shall be appropriately
landscaped.
b.Side Yard.
Adjacent to Residential.
1.Each lot or parcel of land in the TOZzone shall have a side yard of at least
ten (10’) feet when located adjacent to a residential zone.
Adjacent to Commercial or Industrial Zone.
2.There shall be no requirements in those instances
where the side property line abuts a commercial or industrial zone.
Accessory Buildings.
3.(See 3.02.060.)
c.Rear Yard.
No requirement.
9.05.080. Projections into Yards
(See 3.02.090.)
9.05.090. Building Height
a.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 structuresnot 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 landupon which they are placed.
b.Parking Structures.
1.Parking structures shall be exempt from lot coveragerequirements.
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.)
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City of Rexburg Development Code: TOZ
9.05.140. Other Requirements
a.Highway 20 Corridor.
(See 3.02.100.e.)
b.Signs.
(See 3.5.)Signs proposed to be erected in the TOZ zone shall be placed in the sameclassification
with signs permitted in shopping center zones.
c.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.
a)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.
b)In the case where there is mutual agreementby 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.
Page 240of 360
City of Rexburg Development Code: UD
SECTION9.6:UNIVERSITY DISTRICT (UD)
*All Zoning Standards apply.
(See 3.01-3.06)
9.06.010. Purpose and Objectives9.06.100. Building Height
9.06.020. Permitted Uses9.06.110. Distance Between Buildings
9.06.025.Conditional Uses9.06.120. Permissible Lot Coverage
9.06.030. Lot Area9.06.130. Parking, Loading and Access
9.06.040. Lot Width9.06.140. Project Plan Approval
9.06.050. Lot Frontage9.06.150. Reserved
9.06.060. Prior Created Lots9.06.160. Other Requirements
9.06.070. Density9.06.170. Change in Use of University Facilities
9.06.080. Yard Requirements9.06.180Commercial Lighting Standards
9.06.090. Projections into Yards
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,
Rezone.
1.Anew zoning category must immediately be sought.
Moratorium.
2.Immediately, there willbe 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 structuresindicated as “P”, and no others, shall be permitted in the UDzones.
The following uses and structures indicated as “CUP” may be permitted in the UDzonesonly after a Conditional
Use Permit has been approved, and subject to the terms and conditions thereof.
UNIVERSITY DISTRICT
Resource ProductionFarming, fibers, grains, fruits, vegetableP
ResidentialManufactured Home > 24’ in widthCUP
Dwelling units > 48 units/buildingCUP
Group HousingDormitory, Fraternity, SororityCUP
Care FacilitiesDay Care CentersP
Place of WorshipChurches, Synagogues and Temples P
Schools, public or Art & Music SchoolsP
privateBarber & Beauty SchoolsP
Business SchoolsP
Correspondence SchoolsP
Dancing SchoolsP
Driving SchoolsP
NurserySchoolsP
SchoolsP
Vocational SchoolsP
Indoor RecreationAthletic Clubs& GymnasiumsP
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Outdoor RecreationAthletic FieldsP
Parks and Playgrounds, Skate ParksP
Skiing & TobogganingP
Tennis CourtsP
EntertainmentAmusementsP
Art GalleriesP
Bowling AlleyP
Cultural ActivitiesP
Ice SkatingP
Miniature GolfP
MuseumsP
Public AssemblyP
Recreational ActivitiesP
Roller SkatingP
Swimming PoolsP
Theatres & Auditoriums, Motion Picture, PerformingP
FoodFood LockersP
ManufacturingElectric Generation Plants P
Printing, Publishing (Including Newspapers)P
RetailGeneral Merchandise (Department, Variety, etc.)P
Laboratory & Research InstrumentsP
Musical InstrumentsP
Photographic Supplies & EquipmentP
ServicesAccounting & BookkeepingP
Animal Veterinarian (Small Animal & Livestock)CUP
Building Contractor Offices & Storage YardsP
Building
Carpentering, Wood Floor InstallationP
ConcreteP
Contract ConstructionP
Engineering & ArchitecturalP
Masonry, Stonework & PlasteringP
Painting, Wall Papering, DecoratingP
Roofing & Sheet MetalP
Clubs & Service Organizations (civic, social, fraternal)P
ConsultingP
EducationalP
Educational
Educational & Scientific ResearchP
ElectricalP
EmploymentP
GovernmentP
Government
Police ProtectionP
Postal ServiceP
HorticultureP
LibrariesP
Medical LaboratoryP
Medical
Medical Out-PatientP
Physicians’ OfficesP
MiscellaneousP
Photocopying, Blueprinting and StenographicP
Photographic StudiosP
Plant NurseriesP
Plumbing, Heating & Air-Conditioning P
ProfessionalP
Refrigerated WarehousingP
Warehousing
Warehousing & Storage (Including Farm Products & Household Goods)P
Welfare & CharitableP
Special BuildingsBuildings with Occupancy of > 2500CUP
Dwelling Units > 48 units/buildingCUP
College BuildingsP
Recreation CentersP
Stadiums, Arenas, Field HousesCUP
Special Land Types-
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TransportationAutomobile Parking Lots & GaragesP
Bus Garaging & Equipment MaintenanceP
Bus Passenger TerminalsP
Motor Freight Garaging & MaintenanceP
Motor Freight TerminalsP
UtilitiesCommunications (Including Radio & Television Stations & Broadcasting P
Towers)
Other Utility Facilities
P
Storage Yards(Utility)P
SubstationsP
a.Permitted Accessory Uses. Accessory uses and structures are permittedin the UD zone
(See 3.02.070.)
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, butare not limited to the following:
1.Apublic 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
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The following minimum yard requirements shall apply to the UD zone:
a.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 heightfrom 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 YardAccessory 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 shallnot be required tobe located within two hundred (200')feetof the primary entrance
of the building.
b.
In the University District, the section 3.04.020shall not apply, however, the University shall provide
information which demonstrates that theparking 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 shallbe included. Theterm Full Time Equivalent shall be consistent with the definition
established in the BYU-Idaho Parking Study published in 2002.
1.University Student Ratio: .200 spacesper 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.
1. 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
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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
a.Landscaping.
1.A minimumof 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
a.Conditional Use Permit.
Change of Use.
1.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
(See3.6.)
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SECTION9.7:PROJECT REDEVELOPMENT OPTION (PRO)
*All Zoning Standards apply.
(See 3.01-3.06)
9.07.010. Purpose and Objectives
9.07.090. Additional Applications
9.07.020. Neighborhood Meeting9.07.100Project Plan Variations and Amendments
9.07.030. Preliminary Schematic Development Plan 9.07.110. Reversion of Zoning
9.07.040. Preliminary Schematic Development Plan 9.07.120. PRO Zones Adopted
Review9.07.130. PRO Zone Reserved
9.07.050.PRO Zone Application Requirements 9.07.140. Uses Must Be in Conformity
9.07.060. PRO Zone Application Review9.07.150. Building in Conformity
9.07.070. FinalProject Plan9.07.160. Architectural Design Standards
9.07.080. Zone Designation9.07.170. 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 developedareas 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.
a.Objectives.
1.Encourage creative and efficient utilization of land.
2.Encourage assemblage of property to create harmonious and efficient development patterns and
projects.
3.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.
4.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.
5.Minimize the effect of additional traffic.
6.Improve parking and air quality.
7.Encourage new development that fosters a sense of community.
8.Better manage the location, timing, and sequencing of new development.
9.Provide an opportunity to involve the public.
9.07.020Neighborhood 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. PreliminarySchematic Development Plan
a.Schematic Plan Submittal.
Prior to submitting a PRO application,an applicant may submit a proposed
schematic development plan for the subject property.
1.A schematic development plan shall be considered by the Planning and Zoning Commission and City
Council as provided in this section.
b.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 Councilrecommends that an applicant submit the
application.
2.A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for
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the proposed development.
3.A schematic development plan which shows how a property could be developed under proposed PRO
zone regulations.
Scale.
a)A schematic development plan shall be drawn to scale.
Example of Applying Standards.
b)The plan must show a realistic layout reflecting how the
property reasonably could be developed considering the development standards of a proposed
PRO zone.
Present andFuture Conditions.
c)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 shownshall be
construed as the intent of theplan:
1)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 openspace, 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.
Not a Permit.
4.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.
No Vested Development Rights.
5.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
a.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:
1.Submit an application for a PRO zone that would allow development:
or
a)As shown on the schematic development plan;
b)As amended to address issues identified by the City Council to accomplish the goals and
or
objectives of the Vision 2020 Comprehensive Plan;
c)Not submit a PRO zone application.
9.07.050. PRO Zone Application Requirements
a.Requirements.
The following materials shall be included with every application for establishment of a
PRO zone:
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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:
a)Permitted, conditional, and accessory uses (specifically listed and defined).
b)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)Evidenceof 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:
a)Relationship of the property to surrounding properties and uses.
b)Number, size,and location of all proposed signs.
6.A review fee of one thousand ($1,000) dollars plus a fee of:
or
a)Thirty ($30) dollars for each dwelling unit proposed in a residential project;
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 Councilmay adopt,modifications to PRO regulations and standards proposed by an applicantwho, in
the opinion of the approving authority, is needed to meet the intent and requirements of this chapter.
a.Approval.
A proposed PRO zone application and associated preliminary project plan shall be approved
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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 existingand 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.
b.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
a.Adopted PRO zone.
Upon approval,each adopted PRO zone shall be listed in Section 9.7.120of 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
shallbe adopted asan appendixof 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.
a.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
a.
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.
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b.Consequence.
If a final project plan has not been approved within one (1) year after a PRO zone has been
applied to aspecific 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:
a.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.
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City of Rexburg Development Code: SUPPLEMENTARY
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.
a.Purpose.
The purpose of the Infill/Redevelopment effort is to balance community good with individual
choice and property rights.
b.Policy Statement.
Reduce Costs.
1.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.
2.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.
3.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.
4.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’) feetfrom right-of-wayby meeting the following requirements:
a.Sidewalk.
A minimum 8’ wide sidewalk is required parallel to any city street.
b.LandscapeStrip.
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.
1.The space between the building and sidewalk shall be landscaped with ornamental trees, shrubs, annual
and perennial flowers to achieve a “fully landscaped look”.
2.The landscape strip and the front yard setback shall be planted with grass between the trees, shrubs and
other landscape features.
Irrigation System.
3.An irrigation system is required and is the responsibility of the property owner as
is the maintenance of the landscaped areas.
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c.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.
d.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 elementsetc. that in combination enhance the human
scale and pedestrian experience of the street.
Projections.
1.Section3.2.090.e.does not apply. Permitted Projections shall not project more than three
(3’) feet extended from buildinginto the setback.
e.High Quality Materials.
The first floor wall facing the right-of-way shall be faced with high quality
materials as approved by theZoning Administratoror designee.
f.
Street lighting and utilities within the right of way must be installed as per the City Engineering Standards.
g.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. TheZoning Administratoror designeewill
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 Administratoror 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:
a.Low Density Residential 2&3 to Medium Density Residential 1&2 and Mixed Use
Street Separation.
1.Zones separated by a City street –Standard front yard setbacks allowed as per
City of Rexburg Development Code.
Property Lines.
2.Zones separated by property lines –Follow LDR requirements and include two (2”)
inch (min.) calipertrees spaced at twenty (20’) feet intervals. Tree type to be approved at Design
Standard Review.
b.Low Density Residential 2&3 to High Density Residential 1&2 and Mixed Use
Street Separation.
1.Zones Separated by a street –Standard twenty (20’) feet front yard setback
allowed up to thirty (30’) feethorizontal wall height.
Greater than 3 Stories.
2.Eighty (80’) feetfront yard setback required for buildings higher than three
stories above grade.
Parking Lots.
3.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.
Property Lines.
4.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.
1.Zones Separated by a street –Standard twenty (20’) feet front yard setback
allowed up to twenty (20’) feet horizontal wall height.
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2.Thirty (30’) feet front yard setback from the right of wayrequired for buildings higher thantwenty
(20’)feet horizontal wall height.
Property Lines.
3.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:
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A Geographic Information System (GIS) study showing proximity to Campus, Shopping, Parks and other amenities
follows (the darker areas are more walkable):
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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.Objective10.02.060.Sidewalks
10.02.020.Dwelling Area10.02.070.PED Boundaries
10.02.030.Reduced Setbacks10.02.080.Changes in Ratio
10.02.040. Reduction in Parking10.02.090.Pedestrian and Vehicle Enhancements
10.02.050.Bicycle Parking
10.02.010.Objective
A Districtcreated 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 inInfill/Redevelopment Area.)
10.02.040.Reduction in Parkingfor 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:
a.Eligibility.
1.In order to be eligible for the reduced parking ratios as permitted herein, the resulting
structure must have ten (10) dwelling units or more.
2.However, structures with fewer than ten (10) dwelling units may apply for a conditional use
permit in order to qualify for reduced parking.
3.This ordinance is not intended nor shall apply to any structure originally constructed as a
single-family or duplex residential structure.
4.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.PEDRatio.
The parking ratio per student within “Areas1and 2” as identified on the attached
exhibit map shall be reflective of a market demand asdetermined 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’sfull-size parking space standard.
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f.Visitor Parking.
Visitor Parking in the Pedestrian Emphasis District (PED) consists of the
following:
Space Size.
1.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).
Signs.
b)Guest parking shall be marked with signage that is clearly visible during all
seasons of the year.
Guest Parking Ratio.
2.One (1) vehicle parking space per ten (10) residents shall be provided
:
for guest parking unless the Developer Option is exercisedSee section 3.4: Parking
Regulations.
Visitor or Guest Parking.
3.Visitor or Guest Parking may bereduced to six (6%) percent
visitor parking stalls per number of bedswith a Conditional Use Permit (CUP).
Changes.
a)This may not be changed for a period of two years.
g.Parking areas.
2.Parking areas (parking spaces and maneuvering areas) shall notbe locatedwithin the required
front yard as per 3.04.040.b.1.
Front Yard.
3.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 shrubsa CUP.
4.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.
5. 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:
a.Surface.
Spaces may be in an open-air environment, but shall be placed on a hard surface such as
concrete, asphalt, pavers, or other.
b.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.
c.Lighting.
1.Spaces shall havelighting that is motion activated.
2.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.
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3.The City’s lighting ordinance shall govern any other aspects not anticipated by this section.
d.Signs.
Signs shall be placed conspicuously that state that moped parking is allowed in areas of
bicycle parking.
1.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 AREAFOR 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
a.
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.
b.
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
a.
Zoning districts authorized in the area of impact comprise two specific categories:
1.All existing zones listed in Section 3.1of this ordinance and described in Chapters 3-9hereof.
b.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.
c.Compliance with thisSection.
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.
a.
The following provisions shall apply to the TAGand RR1zones:
Description of Land and Livestock.
1.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.
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Historic Herd Size.
a)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 existingland use on said lands as of February 15,
1995.
Discontinued Use.
2.In the event a landowner shall discontinue the use and maintenance of livestock on
lands describedand 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.
3.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, thencecontinuing 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 wayto
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 northand 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, Township06 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.
a.
Enforcement policies and procedures shall be in compliance with the authorities and duties of the Zoning
Administrator, actingas Chief Enforcement Officer for the Commission as provided by Chapter 1.
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(Map is per ordinance 1150.)
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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 2of 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 withinone-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.
Distance Measurements.
4.The distance from any church, public park, public library, or schoolshall 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
a.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.
Parking
1..Off-street parking shall be provided as required by the land use to which the sexually-
oriented business is most closely related.
Signs.
2.Signs for each sexually-oriented business shall be limited to the following:
a)All signs shall be flat wall signs.
b)The maximum area of all signs shall not exceed one (1) square foot of sign area per (1) footof
building frontage on a public street.
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c)Banner signs or similar are not permitted.
d)Electronic reader board signs or similar are not permitted.
e)Flashing lights and any lights that together create motion of any kind are not permitted.
Displays
3..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.
Deliveries
4..
a)Deliveries of any kind to the establishment shall not be left on the exterior of the building at any
time.
b)Any merchandise whether exposed of packaged shall not be stored permanently or temporarily on
the exterior of the building.
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CHAPTER 11: SUB-DIVISIONS
*All Zoning Standards apply.
(See 3.01-3.06)
Section1
Section 5: Required Improvements
11.01.10Purpose
11.05.10 Sub-divider responsibilities
11.01.20Definitions
11.05.20 List of required improvements
11.01.030 Jurisdictions
11.05.30 Pedestrian Way Standards
11.05.40 Public Sites, Open Spaces, and Natural Features
Section2: Procedure
11.05.50 Waste Supply Standards
11.02.10Pre-Application
11.05.60 Storm Water Standards
11.02.20Pre-Application Review
11.05.70 Sewer Collection Standards
11.02.30Preliminary Plat
11.05.80 Traffic Study
11.02.40Final Plat
11.05.90 Streets
11.02.50Construction Drawings
11.05.100 Street Standards
11.02.60Bonding
11.05.110 Street Intersections and Alignments
11.02.70 Request Mylar
11.02.80 File with County Recorder
11.05.120 Traffic Studies
11.02.90 AsBuilt Plans
11.05.130 Street Lighting
11.02.100 Short Plat
11.05.140Conduit
Section3: Data Requirements
Section 6: Special Developments
11.03.10 Preliminary Plat Data
11.06.10 Condominium
11.03.20 Existing Conditions Data
11.06.20 Subdivision within a floodplain
11.03.30 Proposed Conditions Data
11.06.30 Subdivision for a cemetery
11.03.40 Proposed Utility Methods
11.06.40 Areas of Critical Concern
11.03.50 Final Plat Data
Section4: 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
SECTION1
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
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11.01.030. Jurisdictions
The regulations apply to the subdividing of all land within the city and include the following:
a.three (3) or more parcels for transfer of ownership
Subdivision of land into .
Publicly Maintained Street Frontage.
1.These lots or parcels created shall front a publicly maintained
street unless approved by the Commission and City Council.
b.Dedication of a Streetor 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.
c.
Condominium Projectsas permitted by Idaho statutes.(See 11.06.010.)
d.
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.
1.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 zoningregulations.
Large Lots or Agriculture.
2.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 anddesigned 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.
3.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, orcreate lots that do not meet
the requirements of the zoning regulations.
Unwilling Sale.
4.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.
5.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.
SECTION2 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 Administratorby the sub-divider.
11.02.020. Pre-Application Review
The Zoning Administratorshall 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 mayincludeguidelines from the implementation of various ordinances such as the comprehensive plan,
zoning ordinances, and similar plans or programs. The Zoning Administratorwill advise the sub-dividerof actions
required for the proposed subdivision.
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11.02.030. Preliminary Plat
a.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)hardcopies of the completed subdivision applicationform,four (4) 24” x 36” copies
of the preliminary plat with data asprescribed by the Commission, andone (1) digital copy of these
documents.(See Section 3 of this Chapter.)
b.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.
c.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.
d.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.
1.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:
2.
a)City Engineer
b)City Planning and Zoning Department
c)County Commissioners
d)City Council
e)Fire Department
f)GIS Department
g)Public Works Director
h)State Highway Department
i)Utility Companies
j)Irrigation District (if subdivision abuts or includes a canal or ditch)
k)Other department or agencies as necessary
e.Commission Action.
The preliminary plat shall be placed on the Commission agenda for consideration at
the next available regular meeting.
Review.
1.The Commission shall review the application and comments from the review agencies for
complianceto the City’s Comprehensive Plan, Development Code, and applicableordinances.The
Commission shall determine if further action will be necessary to complete the review and make
recommendations to City Council.
Amendment.
2.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.
3.The Commissionwill recommend to City Councilthe preliminary plat be
approved, approved conditionally, or disapprovedwithin thirty (30) days after the date of the meeting
at which the preliminary plat is first considered.
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a)The Commission, will then send a copy of the preliminary plat and the Commission’s findings or
reasons for decisionto the City Council.
Reasons for Decision.
b)The reasons for such decisionshall specify:
a)the ordinance and standards used in evaluating the application
b)the reasons for approval or denial; and
c)the actions, if any, that the applicant could take to gain approval of the proposal.
f.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.
1.The Council may hear testimony of the representatives of the Commissionand witnesses,
including interested citizens affected by the proposed subdivision.
Findings.
2.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:
a)the ordinance and standards used in evaluating the application
b)the reasons for approval or denial; and
c)the actions, if any, that the applicant could take to gain approval of the proposal.
Reasons for Decision.
3.The reasons for such decisionshall 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.
Approval Time Period.
4.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.
a)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.
Zone Changes.
5.Beforefinal platting of the development, all required zoning changes shall be
obtained.
g.Development Agreement.
Prior tosubmitting 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:
1.requirements for the extent and manner in which roads shall be created and improved
2.water and sewer and other utility mains; piping connections, or other facilities shall be installed.
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11.02.040. Final Plat
a.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 ofthe finalplat with data as required by this section.
Plans and Specifications.
1.(See 11.03.050.)The final plat submission shall include plans and
specifications for all proposed improvements as required by this ordinance.
Title.
2.A current title report or other evidence acceptable to the City showing proof of ownership of the
tract of land being platted shall be partof the application submission.
Certificates and Acknowledgements.
3.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.)
4.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 asthe 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.
1.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.
2.The Planning and Zoning Department shall check the Final Plat for conformity to the Preliminary Plat.
Nonconformance.
a)In the event the Final Plat does not substantially conformto the Preliminary
Plat, the sub-divider shall be required toresubmit the Final Plator go back to the Commission for
a new approval of the Preliminary Plat.(See 11.02.030.)
e.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.
f.Dedication and Acknowledgement.
Dedication.
1.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.
2.Execution of dedication shall be acknowledged and certified by a notary public.
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g.County Surveyor Review.
The plat shall be reviewed by the County Surveyor for conformance to County
codes.The County Surveyor signsthe plat as the Examining Surveyor.
h.Planned Unit Development (PUD) Master Plan Approval.
If a PUD Master plan has been approved, the
final plat shallbe approved by the Zoning Administrator.
i.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 agendafor consideration at a regular
meeting held not less than thirty (30) days after the date of submittal of the completed submission.
Approval.
a.The Council, followingshall 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.
b.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.
1.To complete the acceptance of any dedication of land, the owner shall furnish to the Council, a
deed conveying such lands to the City.
2.The City will record the deed with the County Recorder.
3.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:
a)the ordinance and standards used in evaluating the application
b)the reasons for approval or denial; and
c)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.
a.
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.
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b.
Such surety bond shall be one-hundred-ten percent (110%) of the estimated cost of the improvements as
determined by the City.
c.
Bonding continued in 14.2.90.b.
11.02.070. Request for Mylar
Once all revisions from staff reviews, County Surveyor, Commission and/orCouncil 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.
a.
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.
b.
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.
c.Required Certifications.
1.Signature of the following show approval or completion.Please seeksignatures in the order they are
listed.
a)Professional land surveyor –Surveyor shall state on plat that plat is correct, accurate, and
monuments described have been located, installed, and described
b)Examining Land Surveyor(Madison County)
c)Sanitary restriction being lifted (Health Departmentafter approval byD.E.Q.)
d)Planning & Zoning Administrator
e)Certification of plat approval by the City Engineer
f)Certificate of approval by the City Clerk
g)Certificate of approval by City Council (Mayor)
h)Treasurers Certification of taxes paid
i)Recordation by County Recorder
11.02.080. File with County Recorder
The final plat shall be filed with the County Recorder within six (6) monthsafter approval by the Council, otherwise
such approval shall become null and void unless an extension of time is applied for and granted.
a.Communicate to City.
Recording number is communicated to the City Planning & Zoning officeto
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 alsobe submitted in AutoCAD format, and shall show any deviations from the
approved construction drawings.
b.
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.
c.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,
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the City Clerk shall thereafter release seventy-five (75%) percentof said surety or guarantee upon
application of sub-divider. The final twenty-five (25%) percentof 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 listedin this chapterwith 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.
a.Conditions.
A Short Plat may be requested when all of the following conditions are met:
1.The proposed subdivision does not exceed five(5)buildable lots
2.No right-of-way dedication is necessary as required by City Codes and Ordinancesunless otherwise
approved by the City Engineer.
3.Public improvements, street widening or infrastructure improvements have been approved by the City
Engineer
4.No impacts on the health, safety or general welfare of the City of Rexburg
5.The subdivision is in the best interest of the City of Rexburg
b.Administratively Reviewed byStaff
.The Zoning Administratorshall 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 Administratorin the implementation of the Development
Code.
SECTION 3 DATA REQUIREMENTS
11.03.010. Preliminary Plat Data
a.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.
b.Scale.
All mapped data for the same plat shall be drawn at the same standard engineeringscale, having no
.
more than one-hundred (100’) feet to an inchWhenever practical, scales shall be adjusted to produce an
overall drawing measuring twenty-four inches by thirty-six (24”x 36”) inches.
c.Format.
All work shall be AutoCAD format and a digital copy shall also be submitted.
d.Identification Data
Name and Location.
1.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.
2.Name, address, and phone number of sub-divider
Engineer or Land Surveyor.
3.Name, address, and phone number of engineer or land surveyor
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4.Scale, north arrow, and date of preparation including dates of any subsequent revisions.
Vicinity Map.
5.Vicinity Mapdrawn 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
a.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.
b.Water features and Wetlands.
Location and extent of all water features and known areas of wetlands,
and thedirection of theirflow.
c.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.
d.Adjacent Subdivisions or Surveys.
Name and filing number of any recorded adjacent subdivision or
record of survey having common boundary with the tract.
e.Zone.
By note, the existing zoning classification of tract.
f.Acreage.
By note, the approximateacreage of the tract.
g.Boundaries.
Boundaries of the tract to be subdivided shall show approximate dimensions.
11.03.030 Proposed Conditions Data
a.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.
b.Lots
.Typical lot dimensions to scale; dimensions of all corner lots and curvilinear sections of streets; each
lot numbers individually; total number of lots.
c.Easements
.Location, width, and use of easements.
d.Public Use
.Designation of all land to be dedicated or reserved for public use with use indicated.
e.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.
f.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
a.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.
1.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
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Specifications of the City, and must be approved by the Departments of Environmental Quality
(D.E.Q.) at District 7 Health.
Will Serve Letter.
2.The City will provide a “Will Serve Letter” for the developer after the plans have
been reviewed and approved by the City Engineer.
b.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 andfacilities proposed including pipe size, pipe
materials, location, valve location, hydrant location and any special requirements.
c.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.
d.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.
e.Irrigation Management.
The sub-divider shall indicate how site landscaping irrigation will be managed
and provided.
f.Water Rightsand Shares
.All water rightsor sharesthat have been historically linked to the development
property shall be used for site irrigation or surrendered to the city.
g.Fire Hydrants.
Fire protectionshall be included in the design of the project to meet the requirements of
theCityEngineering Standardsand International Fire Code.
h.
Required items b,c&daboveshall consider and include Health Department and Soil Conservation Service
data and requirementswhich the sub-divider has accumulated to submit with the preliminary plat. Utility
plans shall be made in accordance with standard plans and specifications.
i.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.
j.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:
1.Central lineprofiles showing finished grades of all streets;
2.Cross sections of proposed streets showing widths of roadway, curbs, locations and width of sidewalks
and location and size of utility mains;
3.Profiles of sanitary sewer, street drainage, drainage pre-treatment, storm water detention and water
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distribution systems, showing pipe size and location of valves and fire hydrants, all to conform to city
and state standards;
4.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
a.Form of Presentation
Scale.
1.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.
b.Identification Data
Title.
1.A title which includes the name of the subdivision and its location by number of section,
township, range and county.
Land Surveyor.
2.Name, address, and official seal of the registered professional land surveyor
preparing the plat.
3.Scale, north arrow, and dateof the plat preparation
c.Survey Data
Dimensions.
1.All dimensions shall be expressed in feet and decimals.
a)All required data to accurately calculate any curvilinear dimensions shown on the plat.
Boundary.
2.Boundaries of the tract to be subdivided fully balanced and closed, showing all bearings
and distances determined by an accurate survey in the field.
a)All boundary corners are also to show state plane coordinates.
b)Bearing and distance ties to two (2) sections or section corners and a description of the corners.
Show basis of bearing.
Excepted Parcels.
c)Any excepted parcel(s) within the plat boundaries shall show all bearings and
distances, determined by an accurate survey in the field.
Cardinal Point.
d)Location and description of cardinal point to which all dimensions, angles,
bearings, and similar data on the plat shall be referenced.
Legal Description.
3.A legal description of the exterior boundary of the subdivision.
Survey Markers.
4.(See 11.04.030)
d.Descriptive Data
Streets and Right-of-Way.
1.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.
2.All drainage ways to be dedicated to the public.
Easements.
3.All easements for rights-of-way provided for public services or utilities and any
limitations of the easements.
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Lots & Blocks.
4.All lots and blocks shall be numbered throughout the plat in accordance with Idaho
Code.
5.“Exception”, “tracts”, and “private parks”, shall be so designated, lettered, or named and clearly
dimensioned.
Dedications to Public.
6.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.
SECTION4: GRID COMPLIANCE
11.04.010 Blocks
a.
Block lengths shall not exceed seven-hundred (700’) feet as measured along the street centerline
intersection to centerline intersection.
b.
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
a.Zoning Compliance.
The lot size, width, depth, shape and orientation, and minimum setback lines shall
comply with the requirements of the zoning ordinance.
b.Side Lot Lines.
Side lots lines shall be substantially at right angles or radial to street lines, except where
other treatment may be justified.
c.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.
a.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 theCity Engineer.
b.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.
c.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:
a.North-South
.Streets that have a predominantly north-south direction shall be named “Avenue” or “Road”
b.East-West.
Streets that have a predominantly east-west direction shall be named “Street or “Highway”
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c.Meandering.
Meandering streets shall be names “Driveway”, “Lane”, “Path”, or “Trail
d.Cul-de-sacs.
Cul-de-sacs shall be named “Circle”, “Court”, “Way”, “Place”
11.04.050 Addressing
(See3.02.140).
Postal delivery system shall be planned within the existing Postal Service Guidelines for extension of delivery.
SECTION5: 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 StandardDrawingsand Specificationsof the City.
The following improvements shall also be approved for individual subdivisions by the City Engineer.
a.
Pedestrian ways
b.
Public Sites, Open Spaces, and NaturalFeatures
c.
Water Systems
d.
Fire Hydrants
e.
Wastewater Systems
f.
Storm Water Disposal
g.
Monuments
h.
Curb, gutter, and street improvements
i.
Street signage
j.
Street lighting
11.05.030 Pedestrian Ways
a.Curb and Gutter.
Curb and gutter pre current City Engineering Standards.
b.Location.
Concrete sidewalks shall be provided on both sides of dedicated streets.
c.Setback.
All sidewalks are to be set back from the curb per current City Engineering Standardsand the
area between the sidewalk and curb and gutter is to be landscaped.
d.ADA.
Sidewalks shall connect to cross walks at each intersection and shall meet the requirement as
defined for ADA accessibility.
e.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.
f.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
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proposed subdivision, the Commission shall notify the appropriate public agency concerning the land
proposed to be acquired.
SuspendConsideration.
1.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.
No agreement.
2.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.
1.Engineer Designed.
All system designs are to be completed by an Idaho registered Engineer.
2.Design and Installation.
All water systemand sewer systemdesign and installation is to be done in
accordance tothe requirements of theIdaho Department of Environmental Quality (D.E.Q.) and
adopted City Engineering Standards.
3.Improvements.
All water system improvements are to be approved by D.E.Q. prior to any
construction.
a)The sub-divider is responsible forsubmitting the design to D.E.Q. for approval.
Approval Letter.
b)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.”
c)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
d). 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 withSection 10.3and International Fire
Code requirements.
Fire Hydrants.
1)The location of fire hydrants required to serve the subdivision shall be
approved by the City and meet the requirements of this section.
b.Culinary Water Service.
Proper and adequate provisions shall be made for culinary water service to each
lot.
Location.
1.Water lines are to be located at approximately the center of new residential lots.
Commercial Developments.
2.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.
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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.
a.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 stormwater systems to new development, all storm water is to be
retained and disposed of on-site.
b.Idaho Engineer.
All storm water design is to be done by an Idaho registered Engineer.
a.Drainage Study.
On developments over 2.5 acres, a drainage study must becompleted by an Idaho
Registered Engineer to determine storm water run-off volumes, transport times, and system design.
c.Design & Installation.
Design and installation is to be cone in accordance with the requirements of the
City EngineeringStandards.
11.05.080 Utility Locations
a.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.
b.Gas
.Gas mains are to be located percurrent City Engineering Standards.
1.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.
c.Storm Drain System
.Piped storm drain systemsfor city streetsare to be installed within the right-of-way
and within the paved portion of the street section unless otherwise approvedby 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 beplaced underground per current
City Engineering Standards.
1.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.
2.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.
1.A minimum ten (10’) feet by ten (10’)feetlevel area will be required for all hydrants.
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11.05.090. Street Identification
a.New Streets.
1.All new streets constructed shall conform to existing and planned streets, intopographical 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.
2.New streets are to be developed to conform to any adopted
transportation system master planning.
b.Cul–De-Sacs.
The city engineering department shall approve all cul-de-sac streets.
1.No cul-de-sacs shall be longerthan six-hundred (600’) feet.
2.Thecul-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.
c.Dead-End Streets
.Dead End Streetsare intended for future extensions in development of adjacent lands.
1.Adead-end street serving more than four (4) residentiallots 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.
d.Frontage Streets.
Frontage Streets are intendedwherea subdivision abuts or contains an existing or
proposed arterial street, railroad, or limited access highway.
1.Because of the need to control the number of accesses to these roads, the developer may be required to
back lots onto the roador to provide a parallel access road.
e.Half-Streets
. Half Streetsare not allowed.
Exceptions:
1.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.
a)When a half-street exists adjoining a proposed subdivision, the remainder of the right-of-way shall
be dedicated.
b)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.
f.Local Residential Streets.
Local Residential Streetsshall be designed to discourage through traffic use.
g.Loop Street.
Loop streets shall be limitedto 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.
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a.Intersections and Alignments
Prohibited Streets.
1.Streets with centerline offsets of less than one hundred twenty-five (125’) feet are
prohibited without City Engineer prior approval.
Avoid These Intersections.
2.Street intersections with more than four (4) legs and Y-type intersections
where legs meet at acute angles shall be avoided.
Right Angles.
3.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.
4.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.
5.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.
Bond or Security.
1.The developer shall file with the city a bond or other acceptable security to provide
payment of the seal coating.
City Seal Coating Project.
2.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 withapproved city typical street sections.
1.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.
1.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.
Drawings.
2.Record drawings are to be submitted to the City Engineer prior to the governing utility
connecting the street lights to power.
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Street Light Wiring.
3.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.
a)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.
b)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.
c)No other foreign systems such as water piping or irrigation shall be in the
same conduit as power wiring.
New Conduit.
d)All new conduits installed shall also be located by a City official prior to
backfilling any trenching.
Poles.
e)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.
f)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 tocarry high volumes of inter and
intra traffic which connects the major land use elements, as well as, communities with oneanother. 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.
*
ALIGNMENTGRADES
Horizontal:700’ minimum radius at centerline,
0.3%-0.6%
930’ preferred
Vertical:Minimum length =
*0.7% may be consideredfor unique, short distances.
K * (algebraic difference in rate of grade)
INTERSECTIONSPLANNING
1.Should be spaced approximately one (1) mile apart in
1.Intersections will be “T” type at grade design suburban areas and a few blocks apart in areas of high
unless prior approvalis obtained from the City population density and intense land usage.
2.Should not bisect neighborhoods but act as boundaries
Engineer
2.Intersections shall beno less than specified by between them.
Abutting Properties.
IDAPA 39.03.42.3.Abutting properties shall not
Median Cuts.
3.Median cutswill not normally be face on the roadway unless separated from it by a
permitted except at major or significant street frontage road.
Bicycle.
intersections as approved by City Engineer.4.On-street bicycle travel is not allowed unless
no alternative routes are available.
Curbs, gutter, and sidewalks required per current City
CURB, GUTTER, SIDEWALK
Engineering Standards
PARKING
On-street parking prohibited
Determined by a full soils investigation, traffic study, and a
PAVINGpavement design completed by an engineer licensed in
state of Idaho and approved by City Engineer.
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TRAFFIC CONTROLTraffic control devices andchannelization
MINOR ARTERIAL
Permitsrapid and relatively unimpeded traffic movement throughout the City and carryhigh volumes of inter and
intra traffic which connects the major land use elements
ALIGNMENTGRADES
0.3% -0.6%
Horizontal:700’ minimum radius at centerline
Vertical: Minimum length =
*0.7% may be consideredfor unique, short distances;
K * (algebraic difference in rate of grade)
Flatter slopes may be approved.
ACCESSPLANNING
1.Spaced approximately one (1) mile apart in the
1.Intersections will be “T” type at grade design suburban areas of the City to a few blocks in areas of
unless prior approval is obtained from the City high population density and intense land usage.
2.Should not bisect neighborhoods
Engineer
Bicycle.
3.Utilitarian bicycle travel can be
2.Intersection and curb cuts shall be limitedaccommodated with fourteen (14’) travel lanes on
designated streets.
Curbs, gutter, and sidewalk required as per City
CURB, GUTTER, SIDEWALK
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.
ALIGNMENTGRADES
Horizontal:300’ -450’ radius at centerline
0.3% -0.7%
Vertical: Minimum length =
K * (algebraic difference in rate of grade)
ACCESSPLANNING
1.Direct access to residential properties by way of
1.Should be designed to discourage through
curb cuts
neighborhood traffic
2.Curvilinear and loop streets are desirable
2.Intersections are at grade
Bicycle.
3.Bike travel can be accommodated with 14’
outside travel lanes
CURB, GUTTER, SIDEWALKSidewalks 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
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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.
ALIGNMENTGRADES
Horizontal:200’ radius at centerline
Vertical:Minimum length = 0.3% -0.7%
K * (algebraic difference in rate of grade)
ACCESSPLANNING
1.Intersections are at grade.1.Designed to minimize through traffic
2.Direct access to abutting properties byway of 2.Curvilinear and loop streets are desirable
curb cuts or drive-overs (ramp-type) curbingis 3.In subdivision design, streets are discouraged from
allowed.intersections with major and secondary arterial streets
Sidewalks will be detached and separated by a planter strip
CURB, GUTTER, SIDEWALK
in compliance with current City Engineering Standards.
PARKINGOn-street parking allowed on both sides of the street
RURAL RESIDENTIAL
Providedirect access to abutting single-family residential properties or cul-de-sacs having a length of no greater
than six-hundred (600’) feet.
ALIGNMENTGRADES
Horizontal:150’ minimum radius at centerline0.4% -0.7%
Vertical:Minimum length = *Grading plans are required to be approved by City
K * (algebraic difference in rate of grade)Engineering Department.
ACCESSPLANNING
1.Intersections are at grade.1.Designed as a short loop or cul-de-sac streetonly.
2.Direct access to residential propertiesis 2.Should not intersect major arterial streets
allowed.
CURB, GUTTER, SIDEWALKSee current City Engineering Standards; Sidewalks should
be detached
PARKINGOn-street parking may or may not be allowed on either side
of the street
PAVINGA 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.)
STORMWATERStorm 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
ALIGNMENTGRADES
Horizontal:300’ radius at centerline
Vertical:Minimum length = 0.3% -0.6%
K * (algebraic difference in rate of grade)
ACCESSPLANNING
1.Direct access to abutting commercial properties
Only local industrial commercial traffic should be
by way of curb cuts
encouraged
2.Intersections are at grade (0.5% minimum)
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CURB, GUTTER, SIDEWALKSidewalks will be detached from the curb where required
On-street parking may be permitted on both sides of the
PARKING
street
PRIVATE STREET
Serve facilities within industrial commercial areas and to connect such areas with major arterial and collector streets
ALIGNMENTGRADES
Horizontal:300’ radius at centerline
0.3% -0.6%
Vertical:Minimum length =
K * (algebraic difference inrate of grade)
ACCESSPLANNING
1.Direct access to abutting commercial properties Only local industrial commercial traffic should be
by way of curb cutsencouraged
2.Intersections are at grade (0.5% minimum)
1.Sidewalks will be detached from the curb where
required
CURB, GUTTER, SIDEWALK
2.Construction of sidewalks or pedestrian pathways is
required to adequately provide for safe access.
All private streets are required to be paved.
Streets serving commercial or residential subdivisions areto
PAVINGbe 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
Adequate site drainage must be developed on-site and no
STORMWATERstorm 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.
a.Triggers.
1.For nonresidential development proposal when trip generation during the peak hour is expected to
exceed one hundred (100) vehicles.
2.Residential development with one hundred (100) or more dwelling units.
Annexation.
3.For an applicationfor annexation into the City.
Density.
4.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
5.
Preliminary or Final Plat.
6.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.
7.
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Sufficient Information.
a)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.
b)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.
8.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.
9.For any change of use affecting State Highway Accessincluding new site
access or additional access foran existing use is being requested prior to issue of a building permit.
b.Process.
1.Responsibility of the applicant.
License & Experience.
2.Traffic study must be prepared by a professional, Transportation Engineer
licensed in the State of Idaho with adequate experience in transportation planning.
CityEngineer Review.
3.All studies must be reviewed by the City Engineer before acceptance.
c.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.
d.Format.
All traffic studies shall contain, asa minimum, the following information:
Trip Generation Table.
1.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.
2.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:
3.
a)A.M. peak hours’ site traffic (in and out)including turning movements
b)P.M. peak hours’ site traffic (in and out) including turning movements
c)A.M. peak our total (in and out) including turning movements for current conditions and 20-year
projections or build out.
d)P.M. peak hour total traffic (in and out) including turning movements for current conditions and
20-year build out.
Total Daily Traffic Counts.
4.All total daily traffic counts should be actual machine counts and not
based on factored peak hour sampling.
Possible Use of ITDCounts.
5.Latest available machine count from the Idaho Transportation
Department(ITD)and other agencies may be acceptable if taken within a reasonable time period.
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Accepted Traffic Patterns.
6.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.
e.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.
1.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.
2.Pedestrian movements should also be considered in the evaluation.
th
3.Capacity calculations should also include an analysis for 20year projections or build-out conditions.
4.The appropriate forms for capacity analysis calculations shall be used.
b.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:
1.Existing traffic volume counts
2.Peak hour trip generation rates as published in the ITETrip Generation Summary
3.A professionally recognized and accepted study for uses of development and generation rates.
c.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.
d.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.
e.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 ofthe traffic study with the
proposed access and development plan.
f.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.
g.Traffic Counts
.All traffic count data (including hourly ADT and peak hour turning movements) and
analysis worksheets should be provided in the appendices.
h.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.
i.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.
j.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 ofparamount importance.
1.All potential signalized intersections should be planned for 0.5 mile intervals.
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2.All other locations to be considered shall meet the following criteria:
a)Submittal of a time space diagram with acceptable through bands, cycle lengths, and progression
speeds.
Deviations.
b)In areas that may affect established, complex, computerized progressions, any
deviation shall be thoroughly addressed and approved by the City Engineer.
c)Time for side-street traffic must be sufficient for side-street volumes.
SECTION6: 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
a.Definition.
Abuilding 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.
b.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.
c.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:
1.All information required for a subdivision preliminary plat
2.Architectural styles and building design concept
3.Architectural materials and color
4.Type of landscaping
5.Screening, if proposed
6.Type of solid waste facilities
7.Parking concept
8.Open space areas
9.Storage areas and enclosures
d.Final Plat.
A final plat shall be prepared and approved that meets all other requirements of the subdivision
platting of this ordinance.
e.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.
f.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 toenforce
motor vehicle speedsto the interest of the owners involved and of the general public.
g.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.
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h.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.
i.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 areless.
j.Private Streets.
(See 11.05.110.)Private street construction standards shall be based upon requirements
set by the CityEngineering 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
k.Parking Space
1.Parking for the proposed development will be as required by the zone in which the proposed
development is to be constructed.
Guest.
2.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.
l.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.
m.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 oralterations of any kind anticipated with the floodplain area that may alter
the flow of water.
a.Justification
.Sub-divider shall demonstrate conclusively that such development will not present a hazard
to life or limb, be hazardousto property, createadverse effects on the safety, use, orstability 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.
b.Approval.
1.Approval from the Idaho Department of Water Resources and the Corps of Engineers shall be obtained
prior to any wetland modifications of channel changes.
2.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.
3.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).
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d.Submittal Requirements
1.Proposed development plan of adequate scale
2.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 withsupporting documentation for
the following additional informationto show and explain:
a)All drainage ways
b)An Engineering Hydrologic and Hydraulic Report that identifies the Flood Way
c)Any planned rerouting of waterways
d)Areas of frequent or intermediate flooding
e)Elevationsor designated flood water
f)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.
g)Means of flood-proofing buildings
h)Means of insuring loans for improvements within the flood plain
i)The location of designated Floodplain
e.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.
f.New Construction and Non-Residential Structures.
For new construction or substantial improvements
of non-residential structures, thelowest floor (including basement) shall be elevated atleast 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.
g.Flood-Proofing
Flood-proofingplans 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.
1.All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage.
Control on Drains.
a)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.
2.Location and installation of all electrical equipment, circuits and electrical applications so
that they are protected for inundation by the regulatory flood
Public Utilities.
3.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.
4.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.
5.Reinforcement of walls to resist anticipated hydraulic loads
Water.
6.Construction of water supply and wastewater systems to prevent the entrance of flood water.
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h.CommissionConsideration.
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.
1.Availability of location not subject to flooding for proposed subdivisions and
land uses
Services.
2.Importance of the services provided by the proposed facility to the community
Compatibility.
3.Compatibility of the proposed uses with existing developments andanticipated
developments.
Comprehensive Plan.
4.The relationship of the proposed subdivision to the Comprehensive Plan.
Flood Plan.
5.Relationship of the proposed subdivision to the flood plan management program for the
area.
a)Expected heights, velocity, duration, rate of rise andsediment transport of the flood water
expected at the site
b)Susceptibility of the proposed facility and its contents to flood damage and effect of such damage
on the individual owner
Water Front Requirements.
6.Requirements of the subdivision for a waterfront location
Services
6.
a)Adequacy of proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions under flood conditions
b)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.
c)Safety of access to the property for emergency vehicles in time of flood
Danger
7.
a)Danger that intended modifications may cause on downstream properties of to the injury of others
b)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
a.Submittal Requirements
1.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.
2.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.
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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.
b.Definition
-Such areas of critical concern are designated by the Council, through due process such as
follows:
1.Floodplains
2.Hillside subdivisions
3.Historical significance area
4.Scenic areas
5.Unique animal and wildlife habitat
6.Unique plant life habitat
7.Unstable soils
8.Other areas of critical concern
c.Submittal Requirements
Idaho Code demands that special consideration be given by the sub-divider toassure that the development
is necessary and desirable in the public interest in view of the existing unique conditions.
1.Preliminary plat application
Environmental Assessment Document
2.The sub-divider shall prepare and submit an prepared by a
team of professionals to answer the following questions:
a)What environmental impacts will probably occur as a result of the proposed development?
(Example: wildlife, plant life, social, economic, physical, etc.)
b)What corrective action or alternative plans could be developed, so as not to significantly cause
detrimental environmental impact?
c)What adverse effects of the proposed development cannot be avoided?
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City of Rexburg Development Code: MANUFACTURED/MOBILE HOMES
CHAPTER 12: MANUFACTURED/MOBILE HOMES
*All Zoning Standards apply.
(See 3.01-3.06)
SECTION1
12.02.080. Setbacks
12.01.010.Purpose and Objectives
12.02.090. Space Required Between Homes
12.01.020.Definitions
12.02.100. Access
12.01.030.New Units
12.02.1100. Buffer
12.01.040.Skirting
12.02.120. Walkways
12.01.050.Wheels
12.02.130. Sign Regulations
12.01.060.Location
12.02.140. Improvement Requirements
12.02.150. Electricity
SECTION 2: COMMUNITY
12.02.010. Building Permit after Location Approval
SECTION 3: HEALTH & SANITATION
12.02.020. Accessory Buildings
12.03.010. Wastewater Management
12.02.030. Density Requirements
12.03.020. Water Supply System
12.02.040. Parking
12.03.030. Refuse Management Intent
12.02.050. Conditional Use Permit
12.03.040. Refuse Containers
12.02.060. Land Area
12.03.050. Fire Protection Requirements
12.02.070. Recreation Area
12.03.060. Liquefied Petroleum Gas Restrictions
SECTION 1
12.01.010Purpose 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 underI.C. 39-4105(9)):
1.A factory-assembled structure or structures constructed PRIORto 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.
Size.
2.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 isbuilt on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities.
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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.
Size.
2. 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 feetor more in length, or when erected on
site, is three-hundred-twenty (320) or more square feet.
Exception.
3.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.
a.
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.
a.Manufactured/Mobile Home Conditions.
Width.
1.The home shall be at least twenty-four feet (24') in width.
Roof.
2.It shall have a none-glare, wood shake, or asphalt roof with a minimum slope of 3/12 and a
minimum six (6")incheaves.
Exterior Siding.
3.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.
4.The home shall be placed on a permanent foundation that complies with the Building
Code for residential structures.
5.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.
6.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.
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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.
a.Mobilize.
The wheels of the Manufactured/Mobile Home maybe removed, but no axles, springs, and
other equipment needed to mobilize.
b.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
a.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.
b.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.
c.Residential.
Manufactured/Mobile Homes with a width greater than twenty-four (24’)feet which meet
the definition onmasonry 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 constructionof 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.
a.
“Structure Additions”includes the construction ofawnings, patio covers, or cabanas adjacent to a
Manufactured/Mobile Home.
b.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.
c.No Building Permit Required.
Lightweightawnings, ramadas, and other lightweight structures and
additions are allowed withouta building permit.
Less than 200 sq. ft.
1.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.
a.
Density requirements shall be established as the minimum square footage of gross site area for each
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Manufactured Home.
b.Streets.
If it is determined by the City of Rexburg staff that a street widening or terminating dedication is
necessary, theamount of land dedicated shall be subtracted from the gross site area when calculating the
proposed density.
12.02.040 Parking
a.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.
b.Parking Space Requirements
Size.
1.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.
2.Such space shall have aclear and unobstructed access to an access way. Any parking in the
access way shall not fulfill this requirement.
Visitor Parking.
3.Ten (10%) percent visitor parking shall be required.
Tandem Parking.
4.Tandem parking is allowed with Zoning Administratoror designee approval.
12.02.050 Conditional Use Permit
a.Application Submittal.
Application.
1.Applicant shall fill outanapplication for a Conditional Use Permit to construct a new
Manufactured/Mobile Home Community or to expand an existing Manufactured/Mobile Home
Community.
Site Plan.
2.Four (4) copies of the site plan of the proposed communityshall be submitted with the
application containing the following information:
General Layout.
a)The site plan should show the general layout of the entire Manufactured/Mobile
Home Community.
Compass or North Arrow.
b)North orientation of thesite plan.
Community Boundary & Dimensions.
c)Boundaries and dimensions of the Manufactured/Mobile
Home Community.
Drafter or Engineer.
d)Name of the person who prepared the site plan.
Electrical.
e)Electrical Systems for the development and connection details for each pad.
Fire Hydrants.
f)Location of fire hydrants.
Garbage.
g)Location and screening of all garbage dumpsters.
Lighting.
h)Location and detail of all lighting fixtures for streets and spaces.
Patio Construction Details.
i)
Proposed Name.
j)Name of the Manufactured/Mobile Home Community and address.
Existing & Proposed Structures.
k)Location and dimensions of all existing or proposed structures.
Recreation.
l)Location and size of all proposed recreation areas and buildings.Show details.
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Roads&Sidewalks.
m)Location and width of roads or access ways.Roadandsidewalk
construction details.
Scale.
n)The site plan should be drawn to a scale not smaller than one (1”) inch representing forty
(40’) feet.
Screening.
o)Location and type of landscaping, planting, fence, wall, or combination of any of
these or other screening materials.
Spaces.
p)Location and dimensions of each Manufactured/Mobile Home space.
Storm drainage
q)system details.
Swimming pools.
r)Swimming pools require a building permit withdetailed plans and District
Health Department approval.
Typical Space.
s)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.
t)Vicinity map showing relationship of Manufactured/Mobile Home Community to
adjacent properties including the names of the contiguous owners.
Walkways.
u)Location and width of walkways.
Water & Wastewater.
v)Location and details of the proposed water and wastewater systems for
the manufactured/Mobile Home Community.
Water & Sewer.
w)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.
3.A draft of the proposed management policies,
covenants, and restrictions shall be submitted with the application.
Maintenance procedures.
4.A draft of the proposed maintenance procedures shall be submitted with
the application.
b.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.
c.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:
a.Pavement Widths.
Public Street Access.
1.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.
2.Entrance Street and collectors with guest/communityparking on both sides shall be no less than forty-
four (44’) feet with curb and gutter.
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Collector Streets.
3.
Parking on 1 Side.
a)Collector streets withparking on one side shall be no less than thirty-six (36’)
feet wide.
No Parking.
b)Collector streetswith no parking shall be noless than twenty-four (24’) feet.
Minor Street.
4.Minor Streets with no parking shall be no less than twenty-four (24’) feet
Cul-de-Sacs.
5.
Radius Minimums.
a)Cul-de-sacs shall have aminimum radius of no less than thirty-five (35’)feet
with no parking and forty-five (45’) feet with allowed parkingand shall be no less than twenty-
four (24’) feet wide.
Roadway Surfacing.
6.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.
a.
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
a.Compliance
Idaho Electrical Code.
1.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 andthe remaining portions of the
currently adopted National Electrical Code as it applies.
City Ordinances.
2.All electrical conductors, wiring, and equipment within the Manufactured/Mobile
Home Community shall comply with the ordinances of the City of Rexburg, Idaho.
b.Electrical Outlets.
An electrical outlet supplying at least two-hundred (200) ampsshall be provided for
each Manufactured/Mobile Home space. Such electrical outlets shall be weatherproof.
Volts.
1.Electrical outlets shall be provided at each Manufactured/Mobile Home space supplying
voltages of 240volts and 120volts nominal.
c.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.
d.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.
e.Underground Wiring.
Wires for service to light poles and Manufactured/Mobile Home spaces shall be
underground.
12.02.090. Improvement Requirements
a.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.
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b.Mail Delivery Facilities.
Each Manufactured/Mobile Home site shall be equipped with a receptacle for
mail deliveries in accordance with standards recommended bythe local postmaster.
c.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.
d.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.
12.02.100Land 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%)percentof gross Manufactured/Mobile Home area shall be reserved for recreation.
a.Location.
The recreation area may be in one (1) or more locations in the community.
b.Area.
At least one (1) recreation area shall have a minimum size of five thousand (5,000) square feet
c.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:
a.Residential or Agriculture.
When abutting any residentially or agriculturally zoned property fifteen (15’)
feet.
b.Commercial.
When abutting commercially zoned property setbacks shall be ten (10’) feet.
c.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 indicatingdirection, 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:
a.
End to end, fourteen (14’) feet;
b.
Side to side, twenty (20’) feet;
c.
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;
d.
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.
a.Common.
Common walkways shall have a minimum width of four (4’) feet
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b.Private.
Private walkways shall have a minimum width of two (’) feet.
2
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.
a.Connection.
Each Manufactured/Mobile Home space shall be provided with at least a four (4")inchsewer
connection.
Fittings.
1.The sewer connection shall beprovided with suitable fittings so that a watertight connection
can be made between the Manufactured/Mobile Home drain and sewer connection.
Closure.
2.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.
b.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.
12.03.020Water Supply System
An accessible, adequate, safe and potable central supply of water shall be provided in each Manufactured/Mobile
Home Community.
a.Backflow.
The water supply system shall be protected from back flow as required by the city’s back flow
protection ordinance.
1.The use of ordinary stop and waste valves where back flow can occur into the potable water system are
prohibited.
b.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.
c.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.
1.Connections are to be constructed and isolated so that they will not freeze if they are
connected to a home or not.
d.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.
e.Maintenance.
The water system within the facility is to be maintained bythe owner of the facility and
shall be operated in accordance with existing laws.
f.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.
g.Piping.
All water piping shall be constructed and maintained in accordance with State and Local law.
h.Water Mains.
The design and extension of water mains shall conform to existing city requirements.
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12.03.030Refuse Management Intent
The storage, collection and disposal of refuse in the community shall be so as to create no health hazards, rodent
harborage, insectbreeding 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.
a.
They shall be provided in sufficient number and capacity to prevent any refuse from overflowing.
b.
Dumpsters are to be enclosed as per the requirements of the City Development Code.
12.03.050. Fire Protection Requirements
a.
The community area shall be subject to the rules and regulations of the Rexburg City Fire Department.
b.
Manufactured/Mobile Home Community areas shall be kept free of litter, rubbish, and other flammable
materials.
c.
Fires shall be made only in stoves, incinerators and other equipment intended for such purposes.
d.
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.
a.
Liquefied petroleum gas cylinders shall be so fastened in place, and shall be adequately protected fromthe
weather.
b.
No cylinder containing liquefied petroleum gas shall be located in a Manufactured/Mobile Home nor
within five (5’) feet of a door thereof.
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INTENTIONALLY LEFT BLANK
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City of Rexburg Development Code: Appendix A
APPENDIX A:LAND USE MAPS
Zoning Map
Appendix
Click Path Below
Zoning:
The current Rexburg Zoning Map can be found at the follow web address:
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”
Comprehensive
Plan Map
Click Path Below
Comp Plan:
The current Rexburg Comprehensive Plan Map can be found at the follow web address:
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”
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City of Rexburg Development Code: Appendix B
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
th
effective December 7,2016, 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, ANYSUBDIVISION 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 priorto 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 13ofthe 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 aminimum:
A.
1.7’ Landscape Strip followed by a 5' wide Portland Cement concrete sidewalks on
both sides of street per City of RexburgStandards.
2.Curb & Gutter (as required perzoning)
a.Portland Cement Concrete Curb & Gutter on bothsides.
b.Minimum grade =0.30%.
3.Street Ballast Thickness
a.Residential Streets
i.2 1/2-inch thickness of hot asphalt plantmix.
ii.3 1/2-inch thickness of 3/4-inch AggregateBase.
iii.Granular sub base material thickness as required by the CityEngineer.
(Normally 12 inches with Mirafi 160 N orapproved equal geotextile fabric
below and up sides, but may vary depending on traffic volumes and strength
of subgrade soils.)
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b.Arterial Streets & Heavy Duty Industrial CommercialStreets
i.3 1/2-inch thickness of hot asphalt plantmix.
ii.6-inch thickness of 3/4-inch AggregateBase.
iii.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 varydepending on traffic volumes and strength
of sub grade soils.)
4.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/DevelopmentAgreement.
5.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 CityEngineer.
6.Testing of street construction to be in accordance with currentISPWC.
7.PEO (Pedestrian EmphasisOverlay)
a.Minimum of a 7’ Landscape Strip followed by an 8' wide Portland Cement
concrete sidewalk per City of Rexburg StandardDrawings.
b.Back of sidewalk to be installed at property line unless otherwise approved by
CityEngineer.
B.STREET LIGHTING
1.All street light wiring installedfor the City of Rexburg shall be in an approved
method of electrical conduit according to the currently adopted National Electrical
Code(NEC).
2.No direct burial cable without conduit shall be accepted by the City of Rexburg if
owned by, or proposed to beowned by the City ofRexburg.
3.All installations of electrical wiring for the purpose of street lighting shall meet the
current NEC adopted by theCity.
4.All new conduits installed shall also be inspected by a City of Rexburg Designated
official prior tocovering.
5.As-built electronic drawings must be submitted to City ofRexburg.
6.All street lighting to comply with City of Rexburg Standard drawings and Chapter
12 of the City of Rexburg DevelopmentCode.
7.Street lights at intersection shall be American Electric Lighting number ATBM D
MVOLT R3 AO with Hapco RTA30D8B4T1E or as approved by CityEngineer.
8.A light as defined in g. above may also be
required mid-block if the spacing between
intersections exceeds 400feet.
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9.PEO (Pedestrian EmphasisOverlay)
a.Street lighting to be have a maximum spacing of 100 feet on each side of the
street.
10.Street light model to be EH22 FT 63LED 525MA 4K GCF R2 MVOLT
ANDB/EAE5-1FINISH ANDB/ EPSX-20-S5 FINISH ANDB or as approvedby
the City Engineer.
C.STORMSEWER
1.Minimum storm drain pipe size shall be 12-inchdiameter.
2.Manholes shall be spaced perIDAPA.
3.At manholes, pipes of differing diameters shall be located (vertically) so as to match
their 0.6 diameterpoints.
4.Minimum pipe grades shall be per theIDAPA.
5.Storm Sewer mainsshall 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 sewerservice.
6.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 newdevelopment.
7.Developers are financially responsible for storm drain line depth up to sixteen feet
(16') to pipe flow line. Deeper depths that are necessitated to serveadjacent
yet-to-be developed property will be participated in by the City as such may
be approved in the Annexation/Development Agreement.
8.Storm Runoff
a.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.
b.The peak flow rate and maximum water surface elevations must be calculated
for the 100-year/1-hour stormevent.
c.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-hourevent.
d.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-hourevent.
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City of Rexburg Development Code: Appendix B
e.Discharge into existing facilities must be restricted to the pre-development level
unless otherwise approved by CityEngineer.
f.Catch basin grate must be Neenah Model Number R-3067 or approved equal.
Catch Basins must be designed to accept peak runoff flowrate.
9.Acceptance of the storm sewer facilities are based on the followingcriteria:
a.Bedding and backfilling of trenches shall be constructed in accordance with
current ISPWC, unless otherwise specified by CityEngineer.
b.Perform all testing in the presence of the City Engineer or his assignedagent.
c.Testing per ISPWCSpecifications.
d.Final Testing: Perform final testing after backfilling and compactionand
following installation of other utilities, but prior to surface restoration.
e.On-site runoff storage facilities must be inspected prior to final surfacerestoration.
f.A signed “Letter of Acceptance” from the City will be required prior to final
surface reconstruction (i.e.: paving, landscaping,etc.).
D.WATERLINES
1.Water lines shall be Class 50 DuctileIron.Minimum water main size
shall be 8-inch diameter, unless a 6-inch line is specifically approved by
the City Engineer.
2.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 StandardDrawing.
3.Fire flow requirements, fire hydrant spacing and related waterline size(s) shall be as
required in the International Fire Code for zones ordevelopments.
4.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.
5.Minimum depth of cover over water mains shall be 5 feet unless otherwise
approved by the CityEngineer.
6.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 testingpurposes.
7.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 mainsystem.
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8.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 newstreets.
9.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 Coderequirements.)
10.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 polyethylenepipe.
11.Red Fire Hydrant to be Mueller, Waterous, or Clow Brands with KOCHEK (model
SZMC5054-3-Y Storz adapter or approvedequal.
12.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 ormore
working pressure. Double disc gate valves will not be accepted.
13.Acceptance of the water lines are based on the followingcriteria:
a.Bedding and backfilling of trenches shall be constructed in accordance with
current ISPWC, unless otherwise specified by CityEngineer.
b.Perform all testing in the presence of the City Engineer or his assignedagent.
c.All testing in accordance with ISPWCSpecifications.
d.A signed “Letter of Acceptance” from the City will be required prior to final
surface reconstruction (i.e.: paving, landscaping,etc.).
C.SANITARY SEWER
1.Minimum sanitary sewer main size shall be 8-inchdiameter.
2.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 sewerlines.
3.Manholes shall be no more than 400 feet apart or perISPWC.
4.At manholes, pipes of differing diameters shall be located (vertically) so as to match
their 0.6 diameterpoints.
5.Minimum pipe grades shall be per theIDAPA.
6.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.
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7.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.
8.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 newdevelopment.
9.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.
10.Inanareawerecitysewerservicesareunavailable,ahousesewerservicelineshall
beconstructedandmarkedanywherefrom10'fromthesideofthehousefacingthe
streettotheedgeoftheutilityeasement tofacilitateaneasyconnectiontoafuture
sanitarysewermaininthestreet.
11.Acceptance of the sanitary sewer are based on the followingcriteria:
a.Bedding and backfilling of trenches shall be constructed in accordance with
current ISPWC, unless otherwise specified by CityEngineer.
b.Perform all testing in thepresence of the City Engineer or his assignedagent.
c.Testing per ISPWCSpecifications.
d.Pipe Cleaning
i.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
cleanedwith a hydro cleaner by a city crew according to ISPWC Division
500 Section501.3.4.
e.Closed Circuit Television (CCTV)Inspection
i.Acceptancecriteria:
1.No visible standing water in pipeline caused by gradedefects
2.No pipeline structural defectsobserved
3.No pipeline installation defectsobserved
4.No infiltration observed
ii.CCTV sewer line inspection will be done by a citycrew
iii.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 hisagents.
iv.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 ifnecessary.
v.Any repairs will need to be re-inspected after the repair iscompleted.
vi.The cost for pipe cleaning and CCTV Inspection of the lines will be billed to
the owner at approved City of RexburgBillingrates.
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A signed “Letter of Acceptance” from the City will be required prior to final
surface reconstruction (i.e.: paving, landscaping, etc.).
D.WATER RIGHTS
1.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.
2.LandsthataredevelopedwithintheCityofRexburgandare,priortodevelopment,
irrigatedwithsurfacewaterandasecondaryirrigationsystemisnotfeasible shall
transfertotheCityofRexburgthesurfacerightorportionofthatwaterrightpriorto
theissuanceofawillserveletterorprovide amethodoftransferacceptabletothecity.
3.All subsurface rights tied to property to be serviced by the City of Rexburg shall be
transferred to the City ofRexburg.
(See Standard Engineering Drawings on the following page.)
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STANDARD DRAWINGS 2016 EDITION
TABLE OF CONTENTS
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NORMAL RESIDENTIAL STREET BUSINESS AND HIGH DENSITY RESIDENTIAL STREET
MAJOR ARTERIAL STREET MINOR ARTERIAL STREET
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TYPICAL UTILITY PLACEMENT
RESIDENTIAL SIDEWALK, CURB-GUTTER, DRIVEWAY
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COMMERCIAL AND MULTI-FAMILY SIDEWALK, CURB-GUTTER, DRIVEWAY
FLOWABLE TRENCH DETAIL
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PEDESTRIAN EMPHASIS OVERLAY (PEO) STREET LIGHTS
STREET LIGHT ELECTRICAL NOTES
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SINGLE TRASH ENCLOSURE
DOUBLE TRASH ENCLOSURE
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¾ INCH AND 1 INCH WATER METER DETAIL
½ TO 2 INCH WATER METER DETAIL
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3 INCH TO 6 INCH WATER METER DETAIL
INFILTRATOR STANDARD DETAILS
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City of Rexburg Development Code: APPENDIX C
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
nd
development on both sides of W 2South 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:
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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)
nd
Multiple Family Dwelling (excluded along 2West) 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
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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:
1.Accessory buildings such as garages, carports, equipment storage buildings, and supply
storage buildings which are customarily used in conjunction with andincidental 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
a.
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 spacearea, plaza, or similar area shall have a minimum area equal in size to the
increase of the development area coverage for eachparticipating development area, cumulatively.
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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
a.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 shouldbe
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.
a.
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 10.4of 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)
1.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:
a)2.5 per 1,000 square feet of gross leasable area (GLA).
Gross Floor Area (GFA)
2.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.
a)Office: 2.5 per 1,000 square feet of gross floor area (GFA).
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PED.
3.Student housing parking is subject to the Pedestrian Emphasis Zone.
Married/ Community Housing.
4.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.
Short-term.
1.Short-term bicycle parking must be within fifty (50’) feet of the entrance to the
building that it services.
Long-term.
2.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 Zonemust 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 helpsto 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.
1.Surface Parking lots (single level) a minimum of ten (10%) percent landscaping shall be
providedfor 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.
c.Signs.
All signs erected in the Hemming Pro Zone shall be approved by the Planning Commission
or designeeprior to the issuance of a sign permit.
d.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 complywith all of the
following conditions:
Conditional Use Permit.
a)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.
Commission Review.
b)Before a license shall be issued by the City the design of the
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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.
1)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.
3)The canopy or marquee will be constructed of materials contained on the
materials list for the Hemming Pro Zone approved by resolution of the CityCouncil.
Objective.
4)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.
5)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.
6)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.
7)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.
License.
3.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.
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.
b)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.
Maintenance.
4. 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.
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e.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.
f.Trash Storage.
(See 3.02.120.)
g.Walls and Fences.
Front Yard.
1.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.
Residential.
2.The following standards shall apply in all residential projects in the Hemming
PRO zone:
Front Yard.
a)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.
Side Yard.
b)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 exceedone section or a maximum of ten (10’) feet.
Rear Yard.
c)Walls and fences ina rear yard may exceed six (6’) feet provided that a
building permit is first obtained from the Building Inspection Division prior to
construction.
Corner Lots.
d)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.
Entryways.
e)Entry treatments to private driveways or subdivision development entrances
may not exceed six (6’) feet at the highest point, except lamps on pillars.
Pillars.
1)Pillars shall be allowed to extend up to eighteen (18”) inches above the
allowable height of a fence provided that thepillars shall have a minimum spacing of
no less than six feet, measured face to face.
Grade Differences.
f)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.
Retaining Walls.
g)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.
Privacy Walls.
h)Privacy walls which project into a required front yard will be subject to
staff review.
Double Frontage Lots.
i)A fence or wall may be erected in the rear yard of a double
frontage lot subject to staff review.
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Exceptions.
j)The provisions of this Section shall not apply to certain other fences such as
tennis court backstops or patio enclosuresas 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.
h.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.
a)At least six (6’) feet of clear, unobstructed sidewalk width will remain
available for pedestrian use.
Sidewalk Obstructions.
b)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.
Awnings.
c)Awnings associated with the café will be installed in accordance with the
Uniform Building Code.
Barriers.
d)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.
Furnishings.
e)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.
Hours.
f)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 ordrinking
establishment.
Insurance.
g)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.
h)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.
Maintenance.
i)The Café owner and operator will maintain the sidewalk café and
surroundings will be maintained in a neat and clean condition at all times.
Repair.
j)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.
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Setback.
k)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.
Sidewalk Repair.
l)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.
Signs.
m)Signs associated with the café will be installed in accordance with Rexburg City
Code.
Trash and Tobacco.
n)Adequate facilities for the storage of trash and tobacco waste
products generated by the café will be provided at a convenient location.
Umbrellas.
o)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:
a)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.
i.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.
Building Permit.
2.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.
Phases.
3.No new phases shall be considered until at least fifty (50%)percent build out has
occurred on previous phases.
j.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.
a.Purpose and Objectives.
The basis for all development within our Community is set forth in the
Development Code, Subdivision Regulations, and the Comprehensive Plan.
1.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.
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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:
1.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 ZoneWay-finding & Parking Systems are User Friendly.
7.The Hemming Pro Zone is a great Place to Work, Visit, Shop, Learn & Live.
c.Development Framework.
The Hemming Pro ZoneThe 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.
Exterior Materials.
1.Exterior building materials should express the construction techniques
and structural constraints of traditional, long lasting buildingmaterials.
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Facades.
2.Facades should be articulated to reduce the massive scale and the uniform
impersonal appearances of buildings.
Roofs and Parapets.
3.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.
Green Building.
4.Green building technologies should be used to the maximum extent
possible.
e.Improvement and ExpansionGoals.
The Hemming Pro Zoneis 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 Zoneby 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.
1.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.
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Figure 1b 2–Hemming Pro Zone block
Hemming Pro Zone Block Development.
2.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-bbelow (See figure):
Create a “shopping street”.
a)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.
Provide usable pedestrian space.
b)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)
3.
4.
‘
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Building Orientation Standard.
3.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.
Clear Vision Areas.
4.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.
Building Height.
5.All buildings in the Hemming Pro Zoneshall 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)
Maximum Height.
6.Buildings shall be no more than five (5)stories or sixty (60’)feet in
height, whichever is greater.
a)Roof top equipment is notincluded in the maximum building height butshould be
screened by parapets or similar treatment.
Method of Measurement.
b)“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.
Purpose and Applicability.
a)Design Criteria for the Hemming PRO Zone will be
presented to the Design Review Committee (DRC) or designee for reviewand approval
prior to implementation. Upon approval, all new construction will comply with this
criterion.
Guidelines and Standards.
b)Each of the following standards shall be met.
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1)An architectural feature used to comply with one standard may be used to comply
with another standard.
2)The Hemming Pro Zonearchitectural 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)
Detailed Storefront Design.
8.All buildings shall contribute to the storefront character and
visual relatedness of the Hemming Pro Zonebuildings. 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.
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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.
a)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.
b)Regularly spaced harmonious proportionate scaled window openings (all building
stories).
Display Windows.
c)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)
Design of Large-Scale Buildings and Developments
9..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.
a)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.
b)Multiple-building developments with a combined
ground-floor space (enclosed) greater than forty-thousand (40,000) square feet (e.g.,
shopping centers, public/institutional campuses, and similar developments).
Human Scale.
c)All large-scale buildings and developments, as defined in a-b, shall
provide human-scale design by conforming to all of the following criteria:
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Building Direction, Variation.
1)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.)
Entrances.
2)Every building elevation adjacent to a street with a horizontal dimension
of more thanone-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.
Streetscape Standards.
10.The Streetscape Standards are intended to further insure the
coherence of the aesthetic for the Hemming Pro Zone. These standards alsoestablish 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, vitalityand identity of the Hemming Pro Zone.
Streetscape Elements.
a)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.
Trees.
b)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 specieswhere 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 Zoneand contribute to a walkable district. This section
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applies to all of the following types of buildings:
2.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
a.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.
1.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
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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.
Reconstruction or Expansion.
2.Residential uses which existed prior to the effective date of
this code are exempt from this Section unless substantial reconstruction and/or expansion
occurs.
a)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.
Common Areas.
3.All common areas (e.g., walkways, drives, courtyards, private alleys,
parking courts, etc.) and building exteriors shall be maintained with a lease agreement.
Density.
4.There is a maximum dwelling density of forty-two (42)units per(1) acre.
Mixed-Use Development Required.
5.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.
Entrance Facing Street.
a)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.
Corner Lots.
b)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 permittedland uses within the Hemming Pro
Zone provided they are incidental to, and do not substantially alter the character of the
principal permitted use.
Standards.
2.Accessory structures shall comply with the following standards:
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Primary use required.
a)An accessory structure shall not be allowed before or without a
primary use on the same lot.
Setback standards.
b)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.
1)In addition,no accessorystructures shall be allowed to encroach in to a
front yard.
Materials.
2)Accessory structures visible from public or private rights-of-way shall be
consistent in materials as those used for the principal structure.
Design guidelines.
c)Accessory structures shall comply with the Hemming Pro Zone
design guidelines.
ictions.
d)RestrA 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.
1.“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 parkingareas 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 offour(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:
Vehicle repair, sales, rental, storage, service.
a)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.
Drive-up, drive-in, and drive-through facilities.
b)Drive-up, drive-in, and drive-through
facilities (e.g., associated with restaurants, banks, car washes, and similar uses) are
permitted only whenaccessory to a primary commercial “walk-in” use, and shall
conform to all of the following standards:
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1)The facility receives access from an alley or driveway, and not a street
Street Location.
2)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 withintwenty (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).
Subordinateto Primary.
3)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.
Street Frontage.
4)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.
Outdoor PA System.
5)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 itemsfor
sale or rental to pedestrians (i.e., non-automobile oriented).
1.A minimum clearance of six (6’)feet of walkable surfaceshall be maintained.
2.Display of larger items, such asbeds 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.
1.“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.
2.The Zoning Administratormay determine at anytime 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.
3.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.
Retail or Service Use Required.
a)Light manufacture is allowed only when it is in
conjunction with a permitted retail or service use \[and does not exceed fifty (50%)
percent of the gross floor area\].
Location.
b)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 describedin Section 3.6.
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P=Permitted Use
A=Administrative Use Permit
C=Conditional Use
(-) = Prohibited Use
APPENDIX D:LAND USE TABLES
(/) = Separate requirements for ground floor uses and upperfloor uses
PG. 1
TAGTAGRRRRLDRLDRLDRMDRMDRHDRHDR
MUCBDCBCRBCLIHIOSPFRBDTOZUD
12121231212
Accessory Building---P---------------C--
CARE FACILITIES
Behavior, Drug & Alcohol Treatment-----------CC-----C---
Day Care CenterCCCC---PPPPPPPPCC--CCP
Hospitals----CCCCCCCC-P----C---
Outpatient Medical-------------P--------
Sanitariums, Convalescent & Rest Homes-----------C----------
DECEASED
CemeteriesCCCC-CCCCCCP------C--
Crematory------------PP----C--
Funeral Parlor (Mortuary)-----------PPPC---C--
HOUSING, GROUP
Bed & Breakfast Inn-------AAAAA/A---------
Boarding HousesACACAAAAAAAAAA/A---------
Dormitory, Fraternity, Sorority-------CCCCPC--------P
Group Home (Disabled & Elderly
PPPPPPPPPPPP/PC----C---
< 8 residents)
Group Home Disabled & Elderly
--CC-CCCCPPP/CC--------
(>8 residents)
Hotels-----------PP-C-------
Membership Lodging-----------PP---------
Motels & Motor Hotels-------------CP-------
Short-Term Rental-------AAAAA/A---------
HOUSING, RESIDENTIAL
Accessory Apartment--CC-----------------
Apartment (Family? - CBD)-----------P/---------
Duplex-----PPPPPP-----------
Manufactured House on Permanent FoundationCCPP-PPPPCC----------C
Mobile Home Courts & Subdivisions-------CCPP-----------
Multiple-Family-------PPPPP/P---------
Religious Quarters-----------PP---------
Single-family DwellingPPPPPPPPPCC-/P---------
Townhome-------PP--/----------
Twin Home-----PPPP-------------
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Pg. 2
TAGTAGRRRRLDRLDRLDRMDRMDRHDRHDR
MUCBDCBCRBCLIHIOSPFRBDTOZUD
12121231212
MANUFACTURING
Aircraft Manufacturing & Assembling (Adjacent to
------------------C---
Airport)
Ammunition (Fire Arms)----------------C-----
Glast Furnaces, Steel Works, etc.----------------C-----
Bottling & Canning Soft Drinks & Carbonated Waters---------------P------
Computerized Axial-Tomography (CT Scanners, etc.)--------------------P-
Computers, Analog, Digital & Hybrid--------------------P-
Computer Peripheral Equipment--------------------P-
Computer Software Tape & Disks (Blank)--------------------P-
Computer Storage Units--------------------P-
Computer Terminals--------------------P-
Concrete, Gypsum & Plaster Products----------------C-----
Converted Paper & Paperboard Products (except
---------------P------
containers & boxes)
Drugs---------------C------
Electric Generation Conventional Fuel----------------C-C--P
Nuclear Energy----------------C-----
Explosives----------------C-----
Fireworks----------------C-----
Fabricated Wire Products---------------CP-----
Garbage Grinding Stations and Composting Plants------------------C---
Gunsmiths-----------PPPC------
Industrial Inorganic Chemicals (includes air
---------------C------
separation)
Industrial Laundry---------------CP-----
Iron & Steel Foundries----------------C-----
Junk Dealers & Salvage Operations----------------C-----
Leather Tanning & Finishing ----------------P-----
Lumber & Wood Products----------------P-----
Machinery---------------P------
Matches----------------P-----
Metal Working Machinery & Equipment---------------P------
Miscellaneous Fabricated Rubber Products---------------C------
Miscellaneous Manufacturing (no matches or
---------------PC-----
mornicians' goods)
Miscellaneous Plastic Products---------------C------
Non-Clay Refractories----------------C-----
Nonferrous forgings----------------P-----
Nonferrous foundries (small casting only)---------------CP-----
Paper & Allied Products (except pulp)----------------P-----
Pulp----------------C-----
Photographic & Optical Goods---------------P------
Plastic Materials, Synthetic Resins & Non-
---------------C------
Vulcanizable Elastomers
Primary Smelting & Refining of Nonferrous Materials----------------C-----
Secondary Smelting & Refining of Nonferrous
----------------C-----
Materials
Printing/Puublishing (Including Newspapers)-------------P-PP----P
Professional, Scientific & Controlling Instruments---------------P------
Reclaimed Rubber----------------C-----
Recycle Center----------------C-----
Research & Testing-------------P-------P
Slag Dumps and Mineral Waste Disposals (Active)------------------C---
Small Generation (Minor Assembly & Other
-----------CCCCC--C-P-
Innocuous)
Structural Clay Products----------------C-----
Textile Mill Products (No tire cord & fabric.)---------------P------
Tire Cord & Fabric----------------P-----
Watches & Clocks---------------P------
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PLACES OF WORSHIP
Churches, Synagogues and TemplesCCCCCCCCCCCPPC----C--P
Other Religious Activities-----------PP---------
Religious Reading Rooms-----------PP---------
RECREATION
Amusement Parks-------------P--------
Amusements---------------------P
Arcades-------------P--------
Art Galleries-------------P-------P
Athletic Clubs, Body Building Studios, Aerobic Centers
-----------PPPPPP----P
& Gymnasiums
Athletic Fields----CCCCCCC--P-------P
Billiards & Pool Halls------------PPC-------
Bowling Alleys------------PPP------P
Campgrounds & Travel-------------P--------
Camps, Group or Organized------------------C---
Coin-Operated Amusements------------PPC-------
Cultural Activities-----------PP----CP--P
Dance Halls, Ballrooom------------PPCCC-C---
Fairgrounds-------------P--------
Fishing-----------------CC---
Go-Cart Racks, 4-Wheeler Tracks-------------P--------
Golf Courses----CCCCCCC-----------
Golf Driving Ranges-------------P--------
Ice Skating--CC-CCCCCC-PPP------P
Miniature Golf------------PPC------P
Movies, Drive-in-------------C--------
Museums-----------P-P-------P
Nature Exhibits-----------------CP---
Parks & Playgrounds--CCCCCCCCC--P---PP--P
Pools--CC-CCCCCC--P-------P
Public Assembly------------P-----C--P
Public BuildingsCC--------------------
Recreational Activities-----------------CP--P
Recreation Centers----CCCCCCC--P-------P
Riding Stables-------------C--------
Roller Skating & Skate Boarding------------PPPP-P---P
Skate Parks--CCCCCCCCC--C----P--P
Skiing & Tobogganing-------------P-------P
Stadiums, Arenas & Field Houses-------------C-------C
Tennis Courts--CC-CCCCCC--P-------P
Theatres (Auditoriums, Motion Picture, Performing)------------PPC------P
RESOURCE PRODUCTION
AgriculturePPPP---------PPPP----P
Fibers, Grains, Fruits, Vegetables-------------PPPP----P
Animal Husbandry----------------P-----
Hay, Feed----------------P-----
Livestock----------------P-----
Metals & Minerals (except petroleum & scrap)----------------P-----
Mining & Quarrying------------------C---
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RETAIL
Aircraft Engines & Engine Parts (Adjacent to
------------------C---
Airport)
Antiques-----------PPPC*-------
Apparel & Accessories-----------PPPPP------
Autombobile Accessories (except tire recapping &
-------------PP-------
vulcanizing)
Auto parts (2nd Hand, Dismantling of Autos for Sale)----------------C-----
Automboile Sales (New & Used)-------------PPP------
Automobile Trade---------------P------
Books, Stationary, Art & Hobby Supplies-----------PPPP----P--
Building Materials---------------PP-----
Concrete-------------P-------P
Cut Stone & Stone Products---------------P------
Lumber Yards----------------C-----
Masonry, Stronework, Plastering-------------P-------P
Paving & Roofing----------------P----P
Campers and House Trailers (New & Used)---------------P------
Chemicals & Allied Products (Explosives &
----------------P-----
Fireworks)
Computer Output--------------------P-
Computer Paper (& Wholesale)--------------------P-
Computer Software (Wholesale)--------------------P-
Computer Stores--------------------P-
Computer Terminals (Wholesale)--------------------P-
Department Stores (Chain)-----------PPPP------P
Discount Department Stores-----------PPPP-------
-
Direct Selling Organization-----------PP--------
Drugs & Druggist Supplies-------------PP----C--
Dry Goods & General Merchandise-----------C-P--------
Electrical Supplies-----------CPPPP-----P
Farm Equipment-------------P-PP-----
Film----------------P-----
Flat Glass, Glassware-------------P--------
Florists-----------PP---------
Furniture, Home Furnishings & Equipment
-----------PPPPC------
(No Combined Warehousing)
Garden Supplies (Indoors Only)-----------PPPP-C-----
Gas, Bottled-------------CC-------
Gas (Natural or Manufactured Storage &Distribution
-------------CCCC-----
Points)
Gasoline Service Stations-------------PPPC-----
Hardware-----------PPPPP------
Heating, A/C & Plumbing Equipment (Indoors Only)-----------CPP--P----P
Ice Dealers Automated Machines or Pick-Up Stations
-----------PPPP-------
Only)
Instruments for Measuring-------------P--------
Janitorial Supplies----------------P-----
Jewelry-----------PPPPP------
Laboratory & Research Instruments-------------P-------P
Liquor------------PP--------
Marine Craft & Accessories---------------P------
Merchandise Vending Machine Operators-----------PP-P-------
Miscellaneous Retail Stores-----------PPPP-------
Miscellaneous Retail Trade-----------CC-------P-
Morticians' Goods----------------P-----
Motorcycles, Motor Scooters
------------PPC-------
(Parts, Accessories & Supplies)
Musical Instruments---------------------P
Office Machines (Small)---------------P------
Optical Instruments & Lenses-------------P-P------
Ordinate Accessories----------------C-----
Paint, Glass & Wallpaper-----------CPPPP------
Perfumes, Cosmetics & Other Toiletries---------------P------
Photographic Goods---------------P-----P
Pottery & Related Products-------------P-P------
Printing Ink---------------P------
Professional, Scientific Equipment & Supplies-------------P--------
Radio-controlled Airplanes-------------P--------
Retail Trade------------PPP-------
Rubber Footwear---------------P------
Shopping Centers (5 to 10 acres)-----------CCP--------
Sporting Goods, Bicycles, Toys-----------PPPP-------
Surplus Store-----------PP-C-------
Swimming Pool Supplies-----------C-PP-------
Truck & Bus Sales (New & Used)--------------P-------
Truck & Trailer Rentals----------------C-----
Variety Stores-----------PPPP------P
Wholesale Trade (Retail)-------------C-P------
Other Wholesale Trade---------------C-----
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SCHOOLS
Art & Music Schools-------------P-------P
Barber & Beauty Schools-------------PP------P
Business Schools-------------P-------P
College and University------------------P---
Computer Repair Training--------------------P-
Correspondence Schools-------------P-------P
Dancing Schools-----------PCPP------P
Driving Schools-------------P-------P
Military Academies------------------C---
Nursery Schools--CC-CCPPPPPPPPCC-PCCP
SchoolsCCCCCCCCCCC-------P--P
Primary & Secondary Education------------------P---
Special Training Schools-------------P----P---
Vocational Schools-------------P-------P
SERVICES, FOOD
Animal & Marine Fats & Oils----------------C-----
Bakeries & Doughnut Shops-----------PP--P---C--
Candy, Nut & Confectionery-----------PC--P---C--
Canning, fruits, vegetable, preserves, specialty, etc.)---------------C------
Dairy Products-----------CC--C---C--
Eating Places; Restaurants-----------PPPPCC---C*-
Food & Kindred Products ----------------P-----
Food Lockers-------------C-------P
Food Stores -----------PPPP-------
Frozen fruits, fruit juices, vegetables, etc.---------------P------
Fruits & Vegetables-----------PC------C--
Grocery Stores-----------CP---------
Meats & Fish-----------C---C-----
Miscellaneous Retail Food-----------PPPP-------
Poultry and Small Game Dressing & Packing---------------C------
Seasonal Food Sales (Street & Road-side Stands)-------------P--------
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SERVICES
Accounting & Bookkeeping-------------P-C-----P
Advertising Services-----------P---P----P-
Aircraft & Accessories---------------P------
Ambulance-------------C----C---
Animal Grooming-------------C--------
Animal Hospital-------------C-P------
Animal Kennels-------------C--------
Antiques, Packaging------------PP--------
Auction Houses------------CCC-P-----
Automobile (Manufacture & Intallation of
-------------C--------
Accessories)
nd
Auto Parts, 2 Hand Sale & Package------------P---------
Auto & Truck Rental-------------P*C-------
Auto Washing, Polishing, Detailing-------------PC-------
Banks, Insurance & Real Estate-----------PPPP----PP-
Beauty & Barber Shops-----------PPPP----PP-
Building Contractor Offices & Storage Yards-------------C-------P
Building Maintenance-----------CP-PP------
Business (Office & Retail Sales Only)-----------PPP-P------
Call Centers-----------PPC-C----P-
Carpentering, Wood Flooring Installation-------------P-------P
Clubs & Service Organizations (Civil, Social,
-------------P-------P
Fraternal)
Computer Hardware Renting & Leasing--------------------P-
Computer Peripheral Equipment (Rent & Lease)--------------------P-
Computer Software Programming, Systems &
--------------------P-
Analysis
Computer Software Publishers (Pre-Packaged)--------------------P-
Consulting-------------P------PP
Consumer Credit Services-----------P-P--------
Contract Construction Services
-----------CPP-PP-----
(Office & Retail)
Data Processing--------------P-------
Dental Offices-------------PP-------
Drug & Proprietary Stores-----------PPP--------
Duplicating, Stenographic & Office-----------P-PPP----PP
Dwelling & Building Services
------------CPCP------
(Office & Retail)
Educational Services-----------PPP-PP----P
Employment Service-----------P-PP-----PP
Engineer, Architectural & Planning-------------PP------P
Engineering Design (Computer-Aided)--------------------P-
Equipment Rental & Leasing-------------PC*-C-----
Executive, Legislative, Judicial-----------PPPP---P-PP
Home BusinessCCCCCCCCCCC-----------
Horticulture-------------P-------P
Plant Nurseries---------------------P
Housing Authority Offices & Administration------------------P---
Janitorial Office-----------P--------P-
Kennels, CommercialCC--------------------
Labor Organizations-------------P--------
Laundry (Pressing, Altering, & Repair)
-----------PPPP----PP-
*No on-site dry cleaning
Laundry, Dry Cleaning------------CPC-------
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Legal-------------PPC------
Libraries-----CCCCCCPPPP------P
Liquor Packaging--------------C-------
Limited Home Occupation--------P-------------
Locksmiths & Key Shops-----------PP-P-------
Mail & Phone Order Houses-----------PPPP-------
Mail Order Software--------------------P-
Medical Laboratories-------------P-------P
Military Facilities----------------P-----
Miscellaneous Business Services Office-----------PP-CC----PP
Miscellaneous Service Organizations-----------PPP------P-
News Syndicate Services Office-----------P--------P-
Office Buildings------------P---------
Operation Centers (No Open Storage Yards)---------------PP-C---
Painting, Decorating, Wallpaper-------------P-------P
Personal Services-----------PP-P-------
Petroleum Bulk Stations & Terminals----------------P-----
Photographic Services-----------PCP-----PPP
Physicians' Offices & Services-------------PP-C--P-P
Police Protection & Related Services Office-----------P--CC--C-PP
Postal Services-----------PPPP------P
Prescription Pharmacy for Permitted
-----------P--------P*-
(No separate entrance; no more than 15% of total
floor area.)
Professional Membership-------------P--------
Professional Services office (No Behavior, Alcohol or
-----------PPPP----PPP
Drug Treatment)
Programming & Program Software (Computer)--------------------P-
Protective Functions & Related Activities-----------PPPP-------
Reception Center-----------PPPC-------
Refuse Disposal---------------C------
Repair, Automobile-------------P-------
Repair, Computer Maintenance & Equipment--------------------P-
Repair, Electrical Appliance -----------PPPCP------
Repair, Jewelry-------------PP------
Repair, Miscellaneous Small Item-------------CC------
Repair, Reupholstering & Furniture-----------PPPPP------
Repair, Shoe & Hat Cleaning------------CP-------
Repair Services---------------PP-----
Repair, Truck----------------C-----
Saw, Knife & Tool Sharpening------------CCC-------
Second-hand Clothing, Shoes, Furniture & Books (No
-----------C-P-------
Flea Markets or Thrift) *Indoors only
Spas-----------PPPPPP-----
Travel Agencies-----------PPPP-----P-
Utility Billing Offices
-----------PP--PPCP---
(Electrical, Gas, Irrigation, Refuse Disposal, Water)
Utility Company Storage Yards---------------C------
Veterinarian ServicesCC---------C-P-P----P*C
Video Rental Shop-----------PPPP-------
Warehousing, Household Goods & Storage-----------C-C-PP----P
Warehousing, Refrigerated-------------C-Pp----P
Wedding Chapels-------------PC-------
Welfare & Charitable Services-------------P-------P
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SPECIAL BUILDINGS
Building w/Occupancy of >2500---------------------C
College Buildings---------------------P
Dwelling Units > 48 units/building---------------------C
Equipment Buildings under 1,000 square feet-----------------P----
Playground Equipment-----------------P----
Pump Houses under 1,000 square feet-----------------P----
Restrooms under 1,000 square feet-----------------P----
SPECIAL LAND TYPES
Airports & Flying Fields------------------C---
Debris Basin-----------------CC---
Drainage Basin-----------------PP---
Floodways-----------------PP---
Forest Reserves-----------------C----
Parks & Playgrounds-----------------P----
TRANSPORTATION
AirportsCC----------------C---
Automobile Parking Lots & Garages (No impound or
---------CCPPP-PPCC--P
long-term storage.)
Bus Garaging & Equipment Maintenance---------------------P
Bus Passenger Terminals-------------P-------P
Bus Transportation (No Garaging & Equipment
-----------PPC--------
Maintenance)
Heliport (Pad Only, No Maintenance)------------C--CC-C---
Highways and Street Right-of-Way (ROW)-----------------CP---
Miscellaneous Transportation----------------P-----
Motor Freight Garaging & Maintenance-------------C-------P
Motor Freight Terminals-------------C-------P
Motor Vehicle Transportation -----------PP--PP-----
Parking Garages (>10 parking spaces & Garage is
------------C---------
majority of space.)
Railroads (Terminals & Yards)-------------C-PPCC---
Separate Parking Lots-------CCCCP----------
UTILITIES
Broadcasting TowersCC-----------CCPP----P
Low Power Radio Towers & Antennas---------------CC-----
Communications--CCCCCCCCCCCCCPP-C-PP
Debris Basin-----------C-CCC------
Electric Generation Plants-------------C--------
Electric, NEC---------------P------
Electricity Regulating Substations--CCCCCCCCCC-CCC-CC--P
Gas Pressure Control Stations-----------P-PPPPCP---
Gas, NEC-----------C-CCC--C---
Irrigation Distribution Channels-----------P-PPPPCP---
Irrigation, NEC-----------------CC---
Miscellaneous Utilities---------------PP-----
Other Utilities, NEC---------------CPCC---
Right-of-Way (combo, electric, gas pipeline, sewage
-----------P-PPPPCP---
pipeline, storm drain & water pipeline)
Sewage Disposal, NEC---------------C--C---
Sewage Pumping Stations-----------P-PPPPCP---
Spreading Grounds-----------C-CCC--C---
Utility & Public Facilities (Storage Yards &
---------------C--C--P
Equipment)
Water Pressure Control Stations & Pumping Plants-------------PPPPCP---
Water Reclamation Plants, Sludge Drying Becs, etc.---------------C--C---
Water Storage as part of Utility System-----------C-CCC-CC---
Water Treatment Plants (Purification)---------------C--C---
Water Utilities or Irrigation, NEC---------------C-CC---
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