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HomeMy WebLinkAboutOrd 1026 FINAL 11-04-2009DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO ORDINANCE No. 1026 AN ORDINANCE REPEALING ORDINANCE NO. 926, OF THE CITY OF REXBURG, IDAHO; ENACTING A DEVELOPMENT CODE FOR THE CITY OF REXBURG, DIVIDING THE CITY INTO DISTRICTS IN ACCORDANCE WITH THE REVISED COMPREHENSIVE PLAN; REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZE OF BUILDINGS AND OTHER STRUCTURES AND OBJECTS, IMPLEMENTING DESIGN STANDARDS IN THE DISTRICTS, REGULATING THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED BY STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR EFFECTIVE DATE OF ORDINANCE. Section I. Ordinance No. 926 of the City of Rexburg, Idaho, is hereby repealed. Section II. The Development Code of the City of Rexburg, Idaho, is hereby enacted as follows: TABLE OF CONTENTS CHAPTER 1: TITLE, AUTHORITY, PURPOSE, INTENT 5 1.1 Title 5 1.2 Authority 5 1.3 Purpose 5 1.4 Intent 5 1.5 Applicability 6 1.6 Previous Ordinances and Maps 6 1.7 Severability 6 1.8 Relationship to other laws 6 1.9 Violation and Penalties 6 1.10 Development Review Committee and Design Review Board 6 1.11 General Procedures, Notice and Timing 8 CHAPTER 2: DEFINITIONS 9 2.1 Definitions for this Ordinance 9 CHAPTER 3: ZONING DISTRICTS 19 3.1 Establishment of Zones 19 3.2 Determination of District Boundaries 20 3.3 Lots Divided by District Boundaries 20 RESIDENTIAL ZONES 21 3.4 Low Density Residential 1 (LDR1) 21 3.5 Low Density Residential 2 (LDR2) 26 3.6 Low Density Residential 3 (LDR3) 31 3.7 Medium Density Residential 1 (MDR1) 36 3.8 Medium Density Residential 2 (MDR2) 42 3.9 High Density Residential 1 (HDR1) 47 3.10 High Density Residential 2 (HDR2) 52 3.11 Rural Residential 1 (RR1) 58 3.12 Rural Residential (RR2) 62 COMMERCIAL ZONES 67 3.13 Neighborhood Business District (NBD) 67 3.14 General Business District (GBD) 73 3.15 Central Business District (CBD) 79 HIGHWAY BUSINESS ZONES 91 3.16 Community Business Center (CBC) Zone 91 3.17 Regional Business Center (RBC) Zone 99 3.18 Light Industrial District (LI) 105 3.19 Heavy Industrial District (HI) 111 OTHER ZONES 117 3.20 Sexually-Oriented Business Overlay (SOB) 117 3.21 Professional Office Zone (PO) 119 3.22 Technology and Office Zone (TOZ) 126 3.23 Public Facilities Zone (PF) 131 3.24 Open Space Zone (OS) 137 3.25 University District (UD) 139 3.26 Transitional Agricultural 1 (TAG1) 145 3.27 Transitional Agricultural 2 (TAG2) 149 3.28 Residential Business District (RBD) 153 3.29 Project Redevelopment Option (PRO) 158 CHAPTER 4: SUPPLEMENTARY REGULATIONS 163 4.1 Applicability 163 4.2 Yard Space for one Principal Building 163 4.3 Sale of Lots Below Minimum Space Requirements 163 4.4 Accessory Buildings 163 4.5 Access to Public Street Required. 163 4.6 Clear View of Intersecting Streets 163 4.7 Screening and Fencing Requirements 164 4.8 Parking of Vehicles in Residential Zones 165 4.9 Exception to Setback Requirement 165 4.10 Home Occupations 165 4.11 Manufactured homes. 168 4.12 RESERVED 168 4.13 Commercial Design Standards 168 4.14 Commercial Lighting Standards 182 4.15 Planned Unit Development (PUD) 189 CHAPTER 5: PARKING REGULATION 202 5.1 Off-Street Parking and Loading Spaces Required 202 5.2 Distance for Private Off-Street Parking 202 5.3 Common Parking Facilities for Joint and Mixed Uses 202 5.4 Loading Spaces 202 5.5 Parking Plan Required 203 5.6 Location of Parking Areas 204 5.7 Required Parking for Land Uses 204 5.8 TABLE 3 – Required Number of Spaces 204 5.9 Regulations for Central Business District 206 5.10 Regulations for the University District 206 CHAPTER 6: ADMINISTRATIVE PROCEDURES 207 6.1 Zoning Administrator 207 6.2 Duties of the Zoning Administrator 207 6.3 Planning and Zoning Commission 208 6.4 Duties of the Planning and Zoning Commission 208 6.5 Membership and Term of the Commission 208 6.6 Organization of the Commission 209 6.7 Meetings of the Commission 209 6.8 Conflict of Interest 209 6.9 Permits Required 209 6.10 Certificate of Occupancy 210 6.11 Variances 210 6.12 Conditional Use Permits 211 6.13 Amendments to this Ordinance 212 6.14 Hearing Procedures 214 6.15 Fees 215 6.16 Appeal relating to area of city impact matter 215 6.17 Enforcement 215 CHAPTER 7: NONCONFORMING USES AND BUILDINGS 216 7.1 Purpose 216 7.2 Continuance 216 7.3 Change of Use 216 7.4 Maintenance and Repairs 216 7.5 Restoration 216 7.6 Discontinuance 216 7.7 Nonconforming Lots of Record Discontinuance 216 CHAPTER 8: THE CITY OF REXBURG IMPACT AREA 217 8.1 Applicability 217 8.2 Boundary Definitions 217 8.3 Zoning Districts, Zoning Map, Zoning Tables, Land Use Schedules 217 8.4 Applicability of Rexburg Development Code in Area of Impact 219 8.5 Legal Description of Impact Area / Rexburg, Idaho Impact Area with Madison County Legal Description 221 CHAPTER 9: SUBDIVISION ORDINANCE 222 CHAPTER 10: PLANNED RESIDENTIAL DEVELOPMENT – PRD (ORD. 854) 222 CHAPTER 11: MOBILE HOMES (ORD. 548) 222 CHAPTER 12: SIGNS IN REXBURG (ORD. 908) 222 CHAPTER 13: CELL TOWERS (ORD. 915) 222 APPENDIX 223 APPENDIX A: Zoning Map 223 APPENDIX B: Comprehensive Plan Map 224 APPENDIX C: Master Land Use (SIC) Codes and Tables 225 APPENDIX D: Enforcement Strategic Plan 268 COMMERCIAL ZONES 67 3.13 Neighborhood Business District (NBD) 67 3.14 General Business District (GBD) 73 3.15 Central Business District (CBD) 79 HIGHWAY BUSINESS ZONES 91 3.16 Community Business Center (CBC) Zone 91 3.17 Regional Business Center (RBC) Zone 99 3.18 Light Industrial District (LI) 105 3.19 Heavy Industrial District (HI) 111 OTHER ZONES 117 3.20 Sexually-Oriented Business Overlay (SOB) 117 3.21 Professional Office Zone (PO) 119 3.22 Technology and Office Zone (TOZ) 126 3.23 Public Facilities Zone (PF) 131 3.24 Open Space Zone (OS) 137 3.25 University District (UD) 139 3.26 Transitional Agricultural 1 (TAG1) 145 3.27 Transitional Agricultural 2 (TAG2) 149 3.28 Residential Business District (RBD) 153 3.29 Project Redevelopment Option (PRO) 158 CHAPTER 4: SUPPLEMENTARY REGULATIONS 163 4.1 Applicability 163 4.2 Yard Space for one Principal Building 163 4.3 Sale of Lots Below Minimum Space Requirements 163 4.4 Accessory Buildings 163 4.5 Access to Public Street Required. 163 4.6 Clear View of Intersecting Streets 163 4.7 Screening and Fencing Requirements 164 4.8 Parking of Vehicles in Residential Zones 165 4.9 Exception to Setback Requirement 165 4.10 Home Occupations 165 4.11 Manufactured homes. 168 4.12 RESERVED 168 4.13 Commercial Design Standards 168 4.14 Commercial Lighting Standards 182 4.15 Planned Unit Development (PUD) 189 CHAPTER 5: PARKING REGULATION 202 5.1 Off-Street Parking and Loading Spaces Required 202 5.2 Distance for Private Off-Street Parking 202 5.3 Common Parking Facilities for Joint and Mixed Uses 202 5.4 Loading Spaces 202 5.5 Parking Plan Required 203 5.6 Location of Parking Areas 204 5.7 Required Parking for Land Uses 204 5.8 TABLE 3 – Required Number of Spaces 204 5.9 Regulations for Central Business District 206 5.10 Regulations for the University District 206 CHAPTER 6: ADMINISTRATIVE PROCEDURES 207 6.1 Zoning Administrator 207 6.2 Duties of the Zoning Administrator 207 CHAPTER 1: TITLE, AUTHORITY, PURPOSE, INTENT 5 1.1 Title 5 1.2 Authority 5 1.3 Purpose 5 1.4 Intent 5 1.5 Applicability 6 1.6 Previous Ordinances and Maps 6 1.7 Severability 6 1.8 Relationship to other laws 6 1.9 Violation and Penalties 6 1.10 Development Review Committee and Design Review Board 6 1.11 General Procedures, Notice and Timing 8 CHAPTER 2: DEFINITIONS 9 2.1 Definitions for this Ordinance 9 CHAPTER 3: ZONING DISTRICTS 19 3.1 Establishment of Zones 19 3.2 Determination of District Boundaries 20 3.3 Lots Divided by District Boundaries 20 RESIDENTIAL ZONES 21 3.4 Low Density Residential 1 (LDR1) 21 3.5 Low Density Residential 2 (LDR2) 26 3.6 Low Density Residential 3 (LDR3) 31 3.7 Medium Density Residential 1 (MDR1) 36 3.8 Medium Density Residential 2 (MDR2) 42 3.9 High Density Residential 1 (HDR1) 47 3.10 High Density Residential 2 (HDR2) 52 3.11 Rural Residential 1 (RR1) 58 3.12 Rural Residential (RR2) 62 COMMERCIAL ZONES 67 3.13 Neighborhood Business District (NBD) 67 3.14 General Business District (GBD) 73 3.15 Central Business District (CBD) 79 HIGHWAY BUSINESS ZONES 91 3.16 Community Business Center (CBC) Zone 91 3.17 Regional Business Center (RBC) Zone 99 3.18 Light Industrial District (LI) 105 3.19 Heavy Industrial District (HI) 111 OTHER ZONES 117 3.20 Sexually-Oriented Business Overlay (SOB) 117 3.21 Professional Office Zone (PO) 119 3.22 Technology and Office Zone (TOZ) 126 3.23 Public Facilities Zone (PF) 131 3.24 Open Space Zone (OS) 137 3.25 University District (UD) 139 3.26 Transitional Agricultural 1 (TAG1) 145 3.27 Transitional Agricultural 2 (TAG2) 149 3.28 Residential Business District (RBD) 153 3.29 Project Redevelopment Option (PRO) 158 CHAPTER 4: SUPPLEMENTARY REGULATIONS 163 4.1 Applicability 163 4.2 Yard Space for one Principal Building 163 4.3 Sale of Lots Below Minimum Space Requirements 163 4.4 Accessory Buildings 163 4.5 Access to Public Street Required. 163 4.6 Clear View of Intersecting Streets 163 4.7 Screening and Fencing Requirements 164 4.8 Parking of Vehicles in Residential Zones 165 4.9 Exception to Setback Requirement 165 4.10 Home Occupations 165 4.11 Manufactured homes. 168 4.12 RESERVED 168 4.13 Commercial Design Standards 168 4.14 Commercial Lighting Standards 182 4.15 Planned Unit Development (PUD) 189 CHAPTER 5: PARKING REGULATION 202 5.1 Off-Street Parking and Loading Spaces Required 202 5.2 Distance for Private Off-Street Parking 202 5.3 Common Parking Facilities for Joint and Mixed Uses 202 5.4 Loading Spaces 202 5.5 Parking Plan Required 203 5.6 Location of Parking Areas 204 5.7 Required Parking for Land Uses 204 5.8 TABLE 3 – Required Number of Spaces 204 5.9 Regulations for Central Business District 206 5.10 Regulations for the University District 206 CHAPTER 6: ADMINISTRATIVE PROCEDURES 207 6.1 Zoning Administrator 207 6.2 Duties of the Zoning Administrator 207 6.3 Planning and Zoning Commission 208 6.4 Duties of the Planning and Zoning Commission 208 6.5 Membership and Term of the Commission 208 6.6 Organization of the Commission 209 6.7 Meetings of the Commission 209 6.8 Conflict of Interest 209 6.9 Permits Required 209 6.10 Certificate of Occupancy 210 6.11 Variances 210 6.12 Conditional Use Permits 211 6.13 Amendments to this Ordinance 212 6.14 Hearing Procedures 214 6.15 Fees 215 6.16 Appeal relating to area of city impact matter 215 6.17 Enforcement 215 CHAPTER 7: NONCONFORMING USES AND BUILDINGS 216 7.1 Purpose 216 7.2 Continuance 216 7.3 Change of Use 216 7.4 Maintenance and Repairs 216 7.5 Restoration 216 7.6 Discontinuance 216 7.7 Nonconforming Lots of Record Discontinuance 216 CHAPTER 8: THE CITY OF REXBURG IMPACT AREA 217 8.1 Applicability 217 8.2 Boundary Definitions 217 8.3 Zoning Districts, Zoning Map, Zoning Tables, Land Use Schedules 217 8.4 Applicability of Rexburg Development Code in Area of Impact 219 8.5 Legal Description of Impact Area / Rexburg, Idaho Impact Area with Madison County Legal Description 221 CHAPTER 9: SUBDIVISION ORDINANCE 222 CHAPTER 10: PLANNED RESIDENTIAL DEVELOPMENT – PRD (ORD. 854) 222 CHAPTER 11: MOBILE HOMES (ORD. 548) 222 CHAPTER 12: SIGNS IN REXBURG (ORD. 908) 222 CHAPTER 13: CELL TOWERS (ORD. 915) 222 APPENDIX 223 APPENDIX A: Zoning Map 223 APPENDIX B: Comprehensive Plan Map 224 APPENDIX C: Master Land Use (SIC) Codes and Tables 225 APPENDIX D: Enforcement Strategic Plan 268 CHAPTER 1: TITLE, AUTHORITY, PURPOSE, INTENT Title Authority Purpose Intent Applicability Previous Ordinances and Maps Severability Relationship to other laws Violation and Penalties Development Review Committee and Design Review Board General Procedures, Notice and Timing Title This Ordinance shall be known and entitled as “The City of Rexburg Development Code” and may be so cited and pleaded. 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. Purpose Purpose. The purpose of this Ordinance shall be to promote the health, safety, and welfare of the residents of the City of Rexburg as follows: To protect property rights and enhance property values. To provide for the protection and enhancement of the local economy. To ensure that important environmental features are protected and enhanced. To encourage the protection of prime agricultural lands for the production of food. To avoid undue concentration of population and overcrowding of land. To ensure that development is commensurate with the physical characteristics of the land. To protect life and property in areas subject to natural hazards and disasters. To protect recreation resources. To avoid undue water and air pollution. To secure safety from fire and provide adequate open spaces for light and air. To implement the comprehensive plan. 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. 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. 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. 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. Relationship to other laws If State or federal law or regulations or other City ordinances impose additional or duplicative standards on development or buildings regulated by this Ordinance, the more restrictive standard shall apply. Violation and Penalties Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a complaint with the Zoning Administrator. The Administrator or his agent shall record such complaint, investigate the same, and take such action or cause such action to be taken as provided by this Ordinance. The City Attorney may, in addition to taking whatever criminal action is deemed necessary, take steps to civilly enjoin any violation of this Ordinance. Any violation of the provisions of this Ordinance or any failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues beyond notice shall be considered a separate violation. 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. Development Review Committee and Design Review Board 1.10.1 Purpose of the Development Review Committee and Design Review Board. Purpose. The Development Review Committee and the Design Review Board are established to coordinate, expedite and assure fair and equitable implementation of this title. 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, and to carry out the purposes of this title. 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. 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. The Development Review Committee shall act as an advisory body to the Planning Director for site plans when no variance or deviation is requested; and The Development Review Committee shall act as an advisory body to the City Council for larger and more complex proposals including conditional use permits, planned unit developments, all site plans involving variances or deviations, divisions of land, zone map amendments, annexations and other actions as requested by staff or the City Council . Design Review Board. The Design Review Board is established to review design standards, landscaping and site plans when requested by either the Planning Administrator or by the applicant. The applicant may request that the Design Review Board meet and overrule the findings of the Planning Administrator. ORGANIZATION The Design Review Committee is made up of three (3) pools of individuals from: The Planning and Zoning Commission (pool of all members) The City Council and Mayor (pool of all members) Professional Group (group of ten) Three (3) members of the committee must be present for project design review. The Planning and Zoning Assistant shall attempt to build a three member committee by calling one member from each pool. If the attempt is not successful, then the group may consist of three members of any combination of the pools. The Community Development Director shall recommend potential members from the private sector for inclusion into the Professional Group to the Mayor. The Mayor shall make the final decision on the body. MEETINGS The Community Development Director or a designee will review all plans and applications for compliance to the Design Standards as set forth in the City of Rexburg Development Code. If the Community Development Director or a 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. If at any time the person submitting the plans does not agree with the review performed by the Community Development Director or a designee, he/she may request a hearing by the Design Review Committee. AUTHORITY The Planning and Zoning Commission delegates the authority required to make a best effort design review to the Community Development Director or a designee. It is the intent that the Community Development Director or a designee reviews the submitted plans for compliance to the ideals and spirit of the design review requirements of the Rexburg Development Code. The Planning and Zoning Commission at any time may request that a Design Review Committee be called together for certain project review or as a re-review on a project completed by the Community Development Director or a designee. Development Review Committee Procedures Established (City and EMS Staff). To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by representatives of each of the City departments charged with development review. Each department shall have the ability and authority to require the Development Review Committee 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. Written meeting reviews, in the form of staff reports or summary reviews, shall be made setting forth the Development Review Committee’s recommendation to the Planning Director or City Commission and reasons for requiring such conditions as may be deemed necessary by the Development Review Committee. Each of the Development Review Committee Members will input their reviews and comments into the City Permitting System following the project review meeting. These records shall be preserved as part of the official file for each development proposal. Lastly, the Development Review Committee shall generally follow “Robert’s Rules of Order” and may prepare and adopt supplemental procedural rules that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. The Development Review Committee shall at a minimum be composed of the following personnel: City Engineer or designee, Fire Marshal or designee, the Public Works Director, the Water/Sewer Superintendent or designee, the Planning Director or designee and the Building Official or designee. Including Members of the Committee. When necessary, other members of the committee may be included at the Planning Director’s or other Development Review Committee Members request. Soliciting input. When applicable, the Development Review Committee may solicit the input of non-City agencies and persons including, but not limited to, the County Subdivision Review Officer or Designee, the County Sanitarian or designee, the County Road Superintendent or designee, and state or federal agencies, with other individuals to be included as necessary. Design Review Board Procedures Established. 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. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the Design Review Board shall generally follow “Robert’s Rules of Order” and may prepare and adopt supplemental procedural rules, upon the approval of the City Council, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. General Procedures, Notice and Timing Informal Advice and Direction. A person or organization considering any construction, building or site alteration, rezoning or other development activity, may approach the Development Review Committee or Design Review Board for informal advice and direction. Such discussion shall be treated as advisory by both parties and shall record only the fact that contact had been made. An informal review by the Development Review Committee and/or Design Review Board may be requested by submitting a completed application form provided by the Planning Director along with any schematic development plans or written narrative at least one week prior to the next regularly Development Review Committee and/or Design Review Board meeting. The initial informal review by an applicant or owner for a specific parcel shall be conducted without a fee. A fee, set in accordance with the fee resolution adopted by the City Council, shall be charged for a second or subsequent informal review requested by the same applicant and/or owner for the same real property as a prior informal review. No application is required for informal review or advice by the Development Review Committee staff. Formal Application. An application for Development Review Committee, Design Review Board and/or consideration of a development proposal must be submitted utilizing a form available from the Planning Director. Material 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, etc. as outlined in this title. It is recommended that the applicant discuss the application informally with the Development Review Committee prior to formal submission to help expedite the process. Depending upon the size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the City for processing. Public Notice. Public notice for any proposal before the Development Review Committee or Design Review Board that requires such notice shall be provided in accordance with Rexburg Municipal Code. Development Review Committee or Design Review Board Action. By no later than 30 working days from the date of the first regularly scheduled Development Review Committee and/or Design Review Board meeting, at which the applicants’ proposal was initially reviewed, the Development Review Committee, or Design Review Board 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. CHAPTER 2: DEFINITIONS Definitions for this Ordinance Definitions for this Ordinance For the purpose of this Ordinance, the following word or phrases shall have the meaning respectively ascribed to them herein. Abandonment: To cease or discontinue a use or activity without intent to resume but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving a facility, or during periods of vacation or seasonal closure. Such interruptions shall not exceed 12 months in duration unless otherwise provided for in this Ordinance. Accessory Structure: A non-occupied subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and ornamental to that of the principal structure. Accessory Use: A use incidental to, and on the same parcel as, a principal use. Agriculture: For purposes of interpreting this ordinance for lands designated as agriculture in use, the following conditions apply: All such lots shall be for agricultural purposes as the primary use of the land 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. Amusement Arcades: A building or part of a building in which five or more pinball machines, video games, or other similar player-oriented amusement devices are maintained. Automobile Wrecking Yards: See junk yard. Bed and Breakfast Inn: A structure containing multiple guest rooms where lodging, with or without meals, is provided on a daily rate basis, and a manager maintains a residential presence on site. Block: The space along one side of a street between the two nearest intersecting streets, or between an intersecting street and a right-of-way, waterway, or other similar barrier, whichever is lesser. Boarding House: A building that is the primary residence of the owner in which rooms are provided on a weekly or monthly basis for compensation, by the owner, to three or more but less than twenty persons not related by blood, marriage, or adoption to the owner. Buffer Area: A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. 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 Uniform Plumbing Code, and the National Electrical Code. 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. 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. Car Wash: An area of land and/or a structure with a machine or hand-operated facility used principally for the cleaning, washing, polishing, or waxing of motor vehicles. Child Care Facility: See Daycare Centers. City Engineer: An Idaho Registered Professional Engineer designated by the City to represent the City’s engineering interests. City Impact Area: That unincorporated area contiguous to the Rexburg City Limits officially adopted as the “Area of Impact.” 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 street and highways, schools and recreation areas, public building sites and other facilities, which shall have been duly adopted. This plan shall comply with the Idaho Code as adopted or amended. 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. 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. 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 that 5,000 square feet. Council: The Rexburg City Council hereinafter referred to as the Council. County Commission: The Madison County Board of Commissioners. County Engineer: An Idaho Registered Professional Engineer or consulting Engineering firm designated by the County Commissions to represent the County’s engineering interests. Daycare Centers: A building or structure where care, protection, and supervision are provided on a regular schedule, at least three times a week. For up to five (5) children, this is allowed in a Home Based Business, six (6) to eleven (11) children are allowed by Conditional Use Permit, and any number greater than eleven (11) children shall comply with applicable zoning designations. Dedication: The setting apart of land or interest in land for use by the public. Land becomes dedicated when accepted as a public dedication either by ordinance, resolution, or entry in the official minutes of the City or by the recording of a plat showing such dedication. Density: The number of dwelling units per acre, excluding required public rights-of-way from acreage determination. Development: A land use consisting of two or more principal buildings, together with any and all associated improvements. 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 subdivider, planner, or engineer and shall be subject to approval of the Commission. The plan does not fulfill the requirements of the preliminary platting process of the Subdivision Ordinance. 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. For determining density, the total number of residents will be divided by six for each dwelling unit counted. Dormitory housing with over twenty residents must be sprinkled as per the building code. Dwelling: A building or portion thereof that provides living facilities for one or more families. Dwelling, Multi-family: A detached residential building containing three or more dwelling units, including what is commonly known as an apartment building. Dwelling Unit: 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. Easement: A grant by the owner of a parcel of land for use by the public, corporations, or persons for a specified use purpose. 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 a housing in which the elderly may occupy the units seasonally or convalescent or nursing facilities. Engineer: Any person who is registered and certified in the State of Idaho to engage in the practice of professional engineering. Engineering Plans: Plans, profiles, cross-sections, and other required details for the construction of improvements, prepared by a registered professional engineer in accordance with the approved preliminary plat and in compliance with existing standards of design and construction. Family: A group of one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that at least one of the following situations exist: A) At least one of the group is related to all of the other members of the group within the third degree of kinship; B) The group is divisible into two subgroups, each composed of at least one person who is related to all other members of the subgroup within the third degree of kinship; or C) All such persons are handicapped persons as defined by the Idaho Code Section 67-6531 or in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act Amendments of 1988, or any subsequent amendments to the foregoing regulations. Final Plat Approval: Approval of the requested action as evidenced by appropriate certifications on the plat; such approval constitutes authorization to record a plat. 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. “Flood of one hundred year frequency” shall mean a flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year. “Flood” shall mean the temporary inundation of land by overflow from a river, stream, lake, or other body of standing water. “Channel” shall mean a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point. 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. Frontage: The length of any one property line of a premise, which property line abuts a legally accessible street right-of- way. 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. Grade: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. Grandfathered Use: Any use of a building, structure or land which does not conform to the zoning regulations where it is located, but is determined to have existed legally at the point in time that it came into existence. This usually occurs when such a use conformed to zoning regulations when it was established, but became non-conforming due to a zoning change or annexation. This term does not apply to basic health and safety criteria which a structure may need to meet to be current with existing occupancy standards. A grandfathered use will cease and cannot be re-established after the use has been discontinued for a continuous period of 1 year or in the event that the owner intended to abandon the non-conforming use, even if the elapsed time is less than stated above. A grandfathered right also may be lost by a significant upgrade or change in use of a facility. If you lose a grandfather right it cannot be re-established under the City of Rexburg Development Code. In such a case, the property may only be used for the purposes specified in the Development Code. The non-conforming use must either discontinue or be moved to a property which has the correct zone. Group Home for the Handicapped: A dwelling shared by eight or less handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment. See Idaho Code 65-6731. Health Department: Refers to District 7 Health Department, which is a State Agency administered at the County level, responsible for certain reviews and approvals. Health/Recreation Facility: An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna & pro shop. Height: The average vertical distance from the grade to the top of the building walls, and does not include gables or dormers. Dormers and gables are encouraged in order to create more architectural interest to a building. 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 5 mammals or reptiles be allowed at one time, except that direct offspring shall be allowed for up to 3 months. Irrigation Facilities: Includes canals, laterals, ditches, conduits, gates, wells, pumps, and allied equipment necessary for the supply, delivery and drainage of irrigation water. 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. 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. 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. 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”. Lot: A piece or parcel of land separated from other pieces or parcels as shown on a recorded subdivision plat or by metes and bounds description for purposes of sale, lease, or separate use. “Corner Lot” A lot with Frontage on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees. Corner lots have two front yards and two side yards but no rear yard. “Interior Lot” A lot having but one (1) frontage abutting on a street. “Double Frontage Lot” A lot abutting two parallel or approximately parallel streets. 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 22 feet of accessible frontage, generally intended to make deeper property accessible. Lot Line: The boundary line of a lot. Lot Line, Front: The property line separating the front of the lot from the public right of way. Lot Line, Rear: The lot line opposite the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten (10) feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten (10) feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. Lot Line, Side: Any lot line not a front or rear lot line. Lot of Record: A lot that is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Madison County, Idaho, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a size that met the minimum dimensions for lots in the district in which it was located at the time of recording or was recorded prior to the effective date of zoning in the area where the lot is located. Lot, Substandard: A lot or parcel of land that has less than the minimum area or width as established by the zone in which it is located. Such a lot shall have been of record as a legally created lot on the effective date of this ordinance. Lot, Through: A lot that has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. Lot Width: The horizontal distance between side lot lines measured at the required front setback line. The width of a lot shall be: If the side property lines are parallel, the shortest distance between these side lines. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the zone I which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines. For rural acreage developments, the distance between the side lot lines, measured at the street frontage. Manufactured Home: A single-family unit fabricated in one or more sections at a location other than the home site by assembly line or similar production techniques or by other construction methods typical of off-site manufacturing process. Every section shall bear a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards, 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 homes placed on any lot (except in an approved Mobile Home Subdivision) must be a minimum of 24 feet in width, be placed on a Rexburg Building Department approved foundation, have a minimum 3/12 pitch roof, have a minimum of 12” eaves and must not be sided with vertical ribbed metal panels. Manufactured Housing Park: A parcel of land under single ownership that has been planned and improved for the placement of manufactured homes. 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 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 parcel in a new or partially built up neighborhood so as to make reasonable use of all land, correlate street patterns, and achieve the best possible land use relationships. Nonconforming Building: Any building which does not meet the limitations of building size or location on a lot for the district in which the building is located and was built prior to the effective date of this ordinance. Nonconforming Lot: An existing lot, the area, width, size, or other characteristic of which, fails to meet the requirements of the district in which it is located and which was conforming prior to the effective date of this ordinance. Nonconforming Use: A use not conforming to the provisions of this Ordinance but which was lawfully existing at the time of adoption of this Ordinance. Nursery: A building or portion of building or residence providing pre-school curriculum and education to more than twelve children. 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. Outdoor storage: The keeping, in an unroofed area, of any goods, junk material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. Owner: The person or persons, corporation, or legal entity holding title by deed to land or holding title as vendees under land contract, or holding any other ownership interest. Parcel: A continuous quantity of land in the possession of or owned by or recorded as the property of the same person or persons. Parking Space: A dedicated or delineated area other than a street or alley that is permanently set aside, reserved and maintained in accordance with the Rexburg City Development Code for the parking of one motor vehicle. Pedestrian Emphasis Zone (PEZ): A zone created near the BYU-I campus that allows less parking and higher density for residential units. The PEZ zone consists of PEZ 1 which may allow parking to be reduced with a Conditional Use Permit (CUP) to a minimum of 15% of the required parking and PEZ 2 parking may be allowed to be reduced to 65% as a minimum with a CUP. Dwelling Unit Density for HDR zones is regulated by the University, the Building Code and any requirements imposed as part of the CUP. Pedestrian Way: A public right-of-way dedicated as a walkway through a block from street to street and/or providing access to a school, park, recreation area, or shopping center. Planned Residential Development: A Planned Unit Development that excludes all uses other than residential. Planned Unit Development: 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. PUD is developed for the purpose of selling, leasing, or renting lots or estates, whether fronting on private or dedicated streets and may include two or more principal buildings as governed by the Development Code. Plat: A map of a subdivision “Preliminary Plat” - A preliminary map, including supporting data, indicting a proposed subdivision development, prepared in accordance with this ordinance and the Idaho Code. “Final Plat” - A map of all or part of a subdivision providing conformance to an approved preliminary plat, prepared by a surveyor in accordance with this ordinance and the Idaho Code. “Recorded Plat” - A final plat bearing all of the certificates of approval required in this ordinance and duly recorded in the Madison County Recorder’s Office. Pharmacy: A service business which dispenses, under the supervision of a pharmacist licensed by the State of Idaho, prescriptive and non-prescriptive medicines and drugs, orthopedic appliances, or medical supplies for the treatment of human illness, disease, or injury, excluding the sale of goods or commodities for general hygiene, diet, cosmetic, or other general health purposes. Plant Nursery: Any land used to raise trees, shrubs, flowers, and other plants for sale or transplanting. Principal Building: A structure or, where the context so indicates, a group of structures in which the principal use of the lot is conducted. Principal Use: The main use of the land or structures as distinguished from a secondary or accessory use. Private Road: A road within a subdivision plat that is not dedicated to the public and not a part of a public highway system. Public Land Survey 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 private person from the United States government. Record of Survey: A map prepared in accordance with the requirements of Title 55 Chapter 19 of the Idaho State Statutes, as amended. Recreational Vehicle: Recreational vehicles may include but are not limited to motor homes, converted buses, camping and travel trailers, light-duty trailers and transporters, horse and cattle trailers, rafts, boats and their trailers. Recycling Center or Plant: A facility which is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled within a completely enclosed building. Reserve Strip: A strip of land between a dedicated street or partial street and adjacent property; in either case, reserved or held in public ownership for future street extension or widening. Right-of-Way: A parcel of land dedicated or reserved for use as a public way which normally includes streets, sidewalks, utilities or other service functions. Sanitary Restriction: The requirement that no building or shelter which will require a water supply facility or a sewage disposal facility for people using the premises where such building or shelter is located shall be erected until written approval is first obtained from the state Division of Environmental Quality by its administrator or his delegate approving plans and specifications either for public water and/or sewage facilities, or individual parcel water and/or sewage facilities. Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, 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 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 drip line of the eaves of the building, including any projection thereof, excluding uncovered steps. Uncovered steps or a deck may not extend into the front setback more than one-third of the required setback. Shopping Centers: A grouping of three or more retail businesses or service uses on a single site of two or more acres with common parking facilities. 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. Single-family Attached Dwellings: Two (2) or more dwelling Units which may share a common wall. These structures are also considered to be townhouses. Standard Drawings and Specifications: Standard Drawings and Specifications are defined as the State of Idaho Public Works Standards as adopted by the City of Rexburg. 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 feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. Street: A public or private thoroughfare used, or intended to be used for passage or travel by motor vehicles. Driveways are not included. Streets are further classified by the functions they perform. “Residential access streets or local streets” have 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. “Residential collectors” are 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. “Arterials” are 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. “Frontage Street”. A minor street parallel and adjacent to an arterial route and intercepts local streets and controls access to an arterial route. “Cul de sac Street”. A short local street having one end permanently terminated in a vehicular turnaround. “Rural Residential Street”. A minor street that serves a rural residential subdivision that does not require curb and gutter. “Alley”. A public service way used to provide secondary vehicular access to properties otherwise abutting upon a street. Subdivider: 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. 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 less than a year, to be located in a zoning district not permitting such use and not continuing such use or building. Tower: A structure situated that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications. Truck Terminal: Land buildings used as a relay station for the transfer of a load from one vehicle to another or one 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. 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. Variance: A modification of the requirements of this Ordinance for lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provisions affecting the size or shape of a structure, the placement of the structure upon lots, or the size of the lot. A variance does not include a change of land use. See Idaho Section 67-6516. Vicinity Map: A small scale map showing the location of a tract of land in relation to a larger area. Warehousing and Distribution: A use engaged in storage, wholesale, and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Yard: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such uses as provided by this Development Code. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the drip line of the main building. Yard, 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. Yard, 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. Yard, Side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. Side yard width shall be measured at right angles to the side lines of the lot. Zone: A portion of the territory of the City, exclusive of streets, alley, and other public ways, within which certain uses of land, premises, and buildings are not permitted and with which certain yards and open spaces are required and certain heights are established for buildings. CHAPTER 3: ZONING DISTRICTS Establishment of Zones Determination of District Boundaries Lots Divided by District Boundaries Low Density Residential 1 (LDR1) Low Density Residential 2 (LDR2) Low Density Residential 3 (LDR3) Medium Density Residential 1 (MDR1) Medium Density Residential 2 (MDR2) High Density Residential 1 (HDR1) High Density Residential 2 (HDR2) Rural Residential 1 (RR1) Rural Residential 1 (RR2) Neighborhood Business District (NBD) General Business District (GBD) Central Business District (CBD) Community Business Center (CBC) Zone Regional Business Center (RBC) Zone Light Industrial District (LI) Heavy Industrial District (HI) Sexually-Oriented Business Overlay (SOB) Professional Office Zone (PO) Technology and Office Zone (TOZ) Airport District (AP) Public Facilities Zone (PF) Open Space Zone (OS) University District (UD) Transitional Agricultural 1 (TAG1) Transitional Agricultural 2 (TAG2) Project Redevelopment Option (PRO) Residential Business District (RBD) Establishment of Zones 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. The City may be divided into the following zoning districts, the boundaries and extent of which shall be shown on official Rexburg Zoning Map by the City of Rexburg Staff: Residential Zones (a) Low Density Residential 1 (LDR1) (b) Low Density Residential 2 (LDR2) (c) Low Density Residential 3 (LDR3) (d) Medium Density Residential 1 (MDR1) (e) Medium Density Residential 2 (MDR2) (f) High Density Residential 1 (HDR1) (g) High Density Residential 2 (HDR2) (h) Rural Residential 1 (RR1) (i) Rural Residential 2 (RR2) Commercial District Zones (j) Neighborhood Business District (NBD) (k) General Business District (GBD) (l) Central Business District (CBD) Highway Business District Zones (m) Local Business Center (LBC) (n) Community Business Center (CBC) (o) Regional Business Center (RBC) (p) Light Industrial District (LI) (q) Heavy Industrial District (HI) Other Zones (r) Sexually-Oriented Business Overlay Zone (SOB) (s) Professional Office Zone (POZ) (t) Technology and Office Zone (TOZ) (u) Airport District (AP) (v) Public Facilities Zone (PF) (w) Open Space Overlay (OS) (x) University District (UD) (y) Transitional Agricultural 1 (TAG1) (z) Transitional Agricultural 2 (TAG2) (aa) Residential Business District (RBD) (bb) Project Redevelopment Option (PRO) 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. Lots Divided by District Boundaries If a parcel or lot is divided by district boundaries, the requirements of the most restrictive district shall apply to the property. RESIDENTIAL ZONES Low Density Residential 1 (LDR1) 3.4.010. Purposes and Objectives 3.4.020. Permitted Uses 3.4.030. Lot Area 3.4.040. Lot Width 3.4.045. Lot Depth 3.4.050. Lot Frontage 3.4.060. Prior Created Lots 3.4.070. Lot Configuration and Density 3.4.080. Yard Requirements 3.4.090. Setbacks and Rights-of-Way Exceptions 3.4.100. Building Height 3.4.110. Distance Between Buildings 3.4.120. Permissible Lot Coverage 3.4.130. Parking, Loading and Access 3.4.140. Project Plan Approval 3.4.150. Fencing and Screening 3.4.160. Other Requirements 3.4.010. 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. 3.4.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the LDR1 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the LDR1 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the LDR1 zone: SIC Code Use 1111 Single-family Dwelling - detached 1292 Disabled Persons Residential Facility Permitted Accessory Uses. Accessory uses and structures are permitted in the LDR1 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the LDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 4700 Communications in accordance other applicable communications ordinances 4814 Electricity Regulating Substations 4939 Other Utility and Public Facilities 6812 & 6813 Schools 6513 Hospitals 6911 Churches, Synagogues, and Temples 7411 Golf Courses 7423 Athletic Fields 7424 Recreation Centers 7610 Parks, Playgrounds, and Skate Parks Home Occupations regulated as per the Rexburg Development Code Section 4.10.B 3.4.030. Lot Area The minimum area of any lot or parcel of land in the LDR1 zone is twelve thousand (12,000) sq. ft. 3.4.040. Lot Width Each lot or parcel of land in the LDR1 zone, except corner lots, shall have a width of not less than 80 ft. 3.4.045. Lot Depth No Restrictions 3.4.050. Lot Frontage Each lot or parcel of land in the LDR1 zone shall abut a public street for a minimum distance of thirty-five (35) feet, on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.4.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.4.070. Lot Configuration and Density Not more than one (1) single-family dwelling may be placed on a lot or parcel of land in the LDR1 zone. 3.4.080. Yard Requirements The following minimum yard requirements shall apply in the LDR1 zone: Front/Rear Yard. Each lot or parcel in the LDR1 zone shall have a minimum front yard of at least twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which case the front yard setback may be reduced to twenty (20) feet. The minimum depth of a rear yard shall be twenty-five (25) feet. Side Yard. Each lot or parcel of land in the LDR1 zone shall have a side yard of at least seven and a half (7-1/2) feet or six (6) inches of setback for every foot of building height, whichever is greater. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred and twenty (120) square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the current Building Code of The City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.4.090. Setbacks and Rights-of-Way Exceptions Exceptions. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility service. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Exception. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.4.100. Building Height No lot or parcel of land in the LDR1 zone shall have a building or structure which exceeds a maximum height of thirty (30) feet, measured at the building top of horizontal wall . In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 3.4.110. Distance Between Buildings The distance between any accessory buildings and a dwelling shall not be less than six (6) feet. 3.4.120. Permissible Lot Coverage Building Coverage. In an LDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area of the lot or parcel of land. Landscaping. At least thirty (30) percent of the area of any lot shall be maintained in landscaping. 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. 3.4.130. Parking, Loading, and Access Purpose of Parking Regulations. To protect and enhance property value, to retain the open character of a residential zone, and to protect health and safety by regulating the parking of vehicles within residential neighborhoods of the City, the following standards shall apply in all LDR1 zones: No person shall park or allow the parking of any recreational vehicle in the clear sight triangles required by Section 3.4.090 of this Ordinance. In a residential zone, no person shall park or allow the parking of any recreational vehicle in any front yard which faces a public street for more than four (4) consecutive days and a cumulative of thirty (30) days in a calendar year. No person shall park or allow the parking of any automobile, van, pickup truck, trailer, motorcycle or other motor vehicle in any front yard located in a residential zone except in a designated driveway. The storage of commercial vehicles with a gross weight 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. Unoccupied mobile homes and manufactured homes shall not be stored upon private property in any residential zones. No person shall park any commercial vehicle having a gross weight exceeding eight thousand (8,000) pounds, whether attended or unattended, upon the streets in any residential district within the City 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; or for any purpose incident to a lawful commercial operation located in any residential district within the immediate vicinity of such parked vehicles. 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. 3.4.140. Project Plan Approval All projects constructed within the LDR1 zone must submit, prior to beginning construction, a site plan for review and approval by the City of Rexburg Staff. All structures must comply with The Current Building Code of The City of Rexburg, ID. 3.4.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Parking Areas. An effective buffer shall be provided between parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot. Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. 3.4.160. Other Requirements 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. Signs or name plates not exceeding two (2) square feet in area and displaying only the name and address of the occupant. 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. 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 City Planning and Zoning Commission. The assigned address of any City residence must be posted on the structure within 10 feet of the entrance door facing street side. Said numbers must be readable from the street as determined by City Emergency Services. Supplementary Regulations. Refer to Chapter 4 of this Code: Supplementary Regulations. Low Density Residential 2 (LDR2) 3.5.010. Purposes and Objectives 3.5.020. Permitted Uses 3.5.030. Lot Area 3.5.040. Lot Width 3.5.045. Lot Depth 3.5.050. Lot Frontage 3.5.060. Prior Created Lots 3.5.070. Lot Configuration Density 3.5.080. Yard Requirements 3.5.090. Setbacks and Rights-of-Way Exceptions 3.5.100. Building Height 3.5.110. Distance Between Buildings 3.5.120. Permissible Lot Coverage 3.5.130. Parking, Loading and Access 3.5.140. Project Plan Approval 3.5.150. Fencing and Screening 3.5.160. Other Requirements 3.5.010. Purpose and Objectives The LDR2 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. Two-family dwelling units are conditional uses within this zone, not to exceed more than one structure per lot (except detached garages and other outbuildings). 3.5.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the LDR2 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the LDR2 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the LDR2 zone: SIC Code Use 1111 Single-family dwelling- detached 1292 Disabled Persons Residential facility Manufactured housing units 24 feet or wider on a permanent foundation Permitted Accessory Uses. Accessory uses and structures are permitted in the LDR2 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the LDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 1112 Twin Homes and Duplexes1241 Assisted and Residential Care Facility 1291 Residential Facility for Elderly Persons 4700 Communications in accordance other applicable communications ordinances 4814 Electricity Regulating Substations 4939 Other Utility and Public Facilities 6242 Cemeteries 6513 Hospitals 6811 Nursery Schools 6812 & 6813 Schools 6911 Churches, Synagogues, Temples 7111 Libraries 7411 Golf Course 7412 Golf Course w/ Country Club 7413 Tennis Courts 7414 Ice Skating 7423 Athletic Fields 7424 Recreation Centers 7432 Pools 7610 Parks and Playgrounds Skate Parks Home Occupations regulated as per the Rexburg Development Code Section 4.10.B 3.5.030. Lot Area The minimum area of any lot or parcel of land in the LDR2 zone is eight thousand (8,000) sq. ft. A Duplex requires a minimum 10,000 sq. ft. lot after it has been approved with a Conditional Use Permit (CUP). . A Twin Home requires two 5,000 sq. ft. lots after it has been approved with a CUP. 3.5.040. Lot Width The minimum lot width in the LDR2 zone is sixty (60) feet. A twin home minimum width is forty (80) feet (combined for both lots). 3.5.045. Lot Depth The minimum lot depth in the LDR2 zone is sixty (60) feet. 3.5.050. Lot Frontage Each lot or parcel of land in the LDR2 zone shall abut a public street for a minimum distance of twenty-two (22) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.5.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.5.070. Lot Configuration and Density One (1) single-family dwelling may be placed on a lot or parcel of land in the LDR2 zone as a matter of right. A duplex or twin homes will be permitted in the LDR2 zones with a conditional use permit. 3.5.080. Yard Requirements The following minimum yard requirements shall apply in the LDR2 zone: Front/Rear Yard. Each lot or parcel in the LDR2 zone shall have a minimum front yard of at least twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which case the front yard setback may be reduced to twenty (20) feet. The minimum depth of a rear yard shall be twenty (20) feet. Side Yard. Each lot or parcel of land in the LDR2 zone shall have a side yard of at least six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred and twenty (120) square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the current Building Code of The City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.5.090. Setbacks and Rights-of-Way Exceptions Exceptions. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility service. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Exception. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.5.100. Building Height No lot or parcel of land in the LDR2 zone shall have a building or structure which exceeds a maximum height of thirty (30) feet, measured at the building eve. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 3.5.110. Distance Between Buildings The distance between any accessory building and a dwelling shall not be less than six (6) feet. 3.5.120. Permissible Lot Coverage Building Coverage. In an LDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area of the lot or parcel of land. Landscaping. At least thirty (30) percent of the area of any lot shall be maintained in landscaping. 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. 3.5.130. Parking, Loading and Access Purpose of Parking Regulations. To protect and enhance property value, to retain the open character of a residential zone, and to protect health and safety by regulating the parking of vehicles within residential neighborhoods of the City, the following standards shall apply in all LDR2 zones: No person shall park or allow the parking of any recreational vehicle in the clear sight triangles required by Section 3.5.090 of this Ordinance. In a residential zone, no person shall park or allow the parking of any recreational vehicle in any front yard which faces a public street for more than four (4) consecutive days and a cumulative of thirty (30) days in a calendar year. No person shall park or allow the parking of any automobile, van, pickup truck, trailer, motorcycle or other motor vehicle in any front yard located in a residential zone except in a designated driveway. The storage of commercial vehicles with a gross weight 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. Unoccupied mobile homes and manufactured homes shall not be stored upon private property in any residential zones. No person shall park any commercial vehicle having a gross weight exceeding eight thousand (8,000) pounds, whether attended or unattended, upon the streets in any residential district within the City 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; or for any purpose incident to a lawful commercial operation located in any residential district within the immediate vicinity of such parked vehicles. 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. 3.5.140. Project Plan Approval All projects constructed within the LDR2 zone must submit, prior to beginning construction, a site plan for review and approval by City of Rexburg Staff. All structures must comply withthe current Building Code of The City of Rexburg, ID. 3.5.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Parking Areas. An effective buffer shall be provided between parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. 3.5.160. Other Requirements Signs. Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the LDR2 zone. Signs or name plates not exceeding two (2) square feet in area and displaying only the name and address of the occupant. 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. 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 City Planning and Zoning Commission. The assigned address of any City residence must be posted on the structure within 10 feet of the entrance door facing street side. Said numbers must be readable from the street as determined by City Emergency Services. Low Density Residential 3 (LDR3) 3.6.010. Purposes and Objectives 3.6.020. Permitted Uses 3.6.030. Lot Area 3.6.040. Lot Width 3.6.045. Lot Depth 3.6.050. Lot Frontage 3.6.060. Prior Created Lots 3.6.070. Lot Configuration and Density 3.6.080. Yard Requirements 3.6.090. Setbacks and Rights-of-Way Exceptions 3.6.100. Building Height 3.6.110. Distance Between Buildings 3.6.120. Permissible Lot Coverage 3.6.130. Parking, Loading and Access 3.6.140. Project Plan Approval 3.6.150. Fencing and Screening 3.6.160. Other Requirements 3.6.010. 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. Two-family dwelling units are conditional uses within this zone, not to exceed more than one structure per lot (except detached garages and other outbuildings). The maximum density permitted in this district is eight (8) dwelling units per acre. 3.6.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the LDR3 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the LDR3 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the LDR3 zone: SIC Code Use 1111 Single-family dwelling- detached 1292 Disabled Persons Residential facility Manufactured housing units 24 feet or wider on a permanent foundation. Permitted Accessory Uses. Accessory uses and structures are permitted in the LDR3 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the LDR3 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 1112 Twin homes and duplexes 1241 Assisted and Residential Care Facility 1291 Residential Facility for Elderly Persons 4700 Communications in accordance other applicable communications ordinances 4814 Electricity Regulating Substations 4939 Other Utility and Public Facilities 6242 Cemeteries 6513 Hospitals 6811 Nursery Schools 6812 & 6813 Schools 6911 Churches, Synagogues, Temples 7111 Libraries 7411 Golf Course 7412 Golf Course w/ Country Club 7413 Tennis Courts 7414 Ice Skating 7423 Athletic Fields 7424 Recreation Centers 7432 Pools 7610 Parks and Playgrounds Skate Parks 3.6.030. Lot Area The minimum lot area on any parcel of land in the LDR3 zone is six thousand (6,000) sq. ft. A Duplex requires a minimum 8,000 sq. ft. lot after it has been approved with a Conditional Use Permit (CUP). . A Twin Home requires two 4,000 sq. ft. lots after it has been approved with a CUP. 3.6.040. Lot Width Each lot or parcel of land in the LDR3 zone, except corner lots, shall have a width of not less than sixty (60) feet. A twin home minimum width is forty (80) feet (combined for both lots) 3.6.045. Lot Depth Each lot or parcel of land in the LDR3 zone, except corner lots, shall have a depth of not less than sixty (60) feet. 3.6.050. Lot Frontage Each lot or parcel of land in the LDR3 zone shall abut a public street for a minimum distance of twenty-two (22) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.6.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.6.070. Lot Configuration and Density One (1) single-family dwelling may be placed on a lot or parcel of land in the LDR3 zone as a matter of right. Two-family dwellings will be permitted in the LDR3 zones with a conditional use permit. 3.6.080. Yard Requirements The following minimum yard requirements shall apply in the LDR3 zone: Front/Rear Yard. Each lot or parcel in the LDR3 zone shall have a minimum front yard of at least twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which case the front yard setback may be reduced to twenty (20) feet. The minimum depth of a rear yard shall be twenty (20) feet. Side Yard. Each lot or parcel of land in the LDR3 zone shall have a side yard of at least six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred and twenty (120) square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the latest Building Code of The City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.6.090. Setbacks and Rights-of-Way Exceptions Exceptions. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility service. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Exception. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.6.100. Building Height No lot or parcel of land in the LDR3 zone shall have a building or structure which exceeds a maximum height of thirty (30) feet, measured at the building eve. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 3.6.110. Distance Between Buildings The distance between any accessory building and a dwelling shall not be less than six (6) feet. 3.6.120. Permissible Lot Coverage Building Coverage. In an LDR3 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area of the lot or parcel of land. Landscaping. At least twenty (20) percent of the area of any lot shall be maintained in landscaping. On any lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, fifty (50) percent of a rear yard, and one hundred (100) percent of one (1) side yard. 3.6.130. Parking, Loading and Access Purpose of Parking Regulations. To protect and enhance property value, to retain the open character of a residential zone, and to protect health and safety by regulating the parking of vehicles within residential neighborhoods of the City, the following standards shall apply in all LDR3 zones: No person shall park or allow the parking of any recreational vehicle in the clear sight triangles required by Section 3.4.090 of this Ordinance. In a residential zone, no person shall park or allow the parking of any recreational vehicle in any front yard which faces a public street for more than four (4) consecutive days and a cumulative of thirty (30) days in a calendar year. No person shall park or allow the parking of any automobile, van, pickup truck, trailer, motorcycle or other motor vehicle in any front yard located in a residential zone except in a designated driveway. The storage of commercial vehicles with a gross weight 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. Unoccupied mobile homes and manufactured homes shall not be stored upon private property in any residential zones. No person shall park any commercial vehicle having a gross weight exceeding eight thousand (8,000) pounds, whether attended or unattended, upon the streets in any residential district within the City 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 vehicle; or for any purpose incident to a lawful commercial operation located in any residential district within the immediate vicinity of such parked vehicle. 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. 3.6.140. Project Plan Approval All projects constructed within the LDR3 zone must submit, prior to beginning construction, a site plan for review and approval by City of Rexburg Staff. All structures must comply with the current Building Code of The City of Rexburg, ID 3.6.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Parking Areas. An effective buffer shall be provided between parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. 3.6.160. Other Requirements Signs. Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the LDR3 zone. Signs or name plates not exceeding two (2) square feet in area and displaying only the name and address of the occupant. 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. 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 City Planning and Zoning Commission. The assigned address of any City residence must be posted on the structure within 10 feet of the entrance door facing street side. Said numbers must be readable from the street as determined by City Emergency Services. Supplementary Regulations. Refer to Chapter 4 of this Code: Supplementary Regulations. Medium Density Residential 1 (MDR1) 3.7.010. Purposes and Objectives 3.7.020. Permitted Uses 3.7.030. Lot Area 3.7.040. Lot Width 3.7.045. Lot Depth 3.7.050. Lot Frontage 3.7.060. Prior Created Lots 3.7.070. Lot Configuration and Density 3.7.080. Yard Requirements 3.7.090. Setbacks and Rights-of-Way Exceptions 3.7.100. Building Height 3.7.110. Distance Between Buildings 3.7.120. Permissible Lot Coverage 3.7.130. Parking, Loading and Access 3.7.140. Project Plan Approval 3.7.150. Fencing and Screening 3.7.160. Design Standards 3.7.170. Other Requirements 3.7.010. 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. New buildings may range from single-family homes up to six units per building with 5 and 6 unit dwellings requiring conditional use permits. The maximum density permitted in this district is sixteen (16) dwelling units per acre. 3.7.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the MDR1 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the MDR1 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the MDR1 zone: SIC Code Use 1111 Single-family dwelling- detached 1112 Single-family dwelling - attached 1292 Disabled Persons Residential facility Manufactured housing units 24 feet or wider on a permanent foundation. Two-family Dwelling Three-family Dwelling Four-family Dwelling 6811 Nursery Schools Day Care Centers Permitted Accessory Uses. Accessory uses and structures are permitted in the MDR1 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the MDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 1241 Assisted and Residential Care Facility 1291 Residential Facility for Elderly Persons Boarding House Mobile Home Courts and Subdivisions Five and Six Dwellings per building Dormitory Housing, Fraternity, Sorority (with up to six (6) dwelling units per building) 4700 Communications in accordance other applicable communications ordinances 4814 Electricity Regulating Substations 4939 Other Utility and Public Facilities Separate Parking Lots 6242 Cemeteries 6513 Hospitals 6812 & 6813 Schools 6911 Churches, Synagogues, Temples 7111 Libraries 7411 Golf Course 7412 Golf Course w/ Country Club 7413 Tennis Courts 7414 Ice Skating 7423 Athletic Fields 7424 Recreation Centers 7432 Pools 7610 Parks and Playgrounds Skate Parks 3.7.030. Lot Area The minimum lot area of any parcel of land in the MDR1 zone is four thousand and five hundred (4,500) sq. ft. For each additional unit, an additional minimum area of 2600 sq. ft. is required. However, under no circumstance will the density of sixteen (16) Units per acre be exceeded 3.7.040. Lot Width The minimum lot width in the MDR1 zone is sixty (60) feet. 3.7.045. Lot Depth The minimum lot depth in the MDR1 zone is sixty (60) feet. 3.7.050. Lot Frontage Each lot or parcel of land in the MDR1 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. 3.7.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.7.070. Lot Configuration and Density One (1), two (2), three (3), and four (4) family dwellings may be placed on a lot or parcel of land in the MDR 2 Zone as a matter of right. Five (5) and six (6) family dwellings are allowed with a conditional use permit. However all developments shall not exceed a density of sixteen (16) units per acre, and shall comply with the minimum lot sizes as required in Section 3.7.030 Lot Area. 3.7.080. Yard Requirements The following minimum yard requirements shall apply in the MDR1 zone: Front/Rear Yard. Each lot or parcel in the MDR1 zone shall have a minimum front yard of at least twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which case the front yard setback may be reduced to twenty (20) feet. 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. The minimum depth of a rear yard shall be twenty (20) feet. When a single family home is converted to a triplex or greater, or is converted to dormitory (non-family) housing, no parking spaces are permitted within the required front yard. However, an existing driveway (no greater than 20-feet in width, and no greater than 22-feet in depth) and garage, when combined, may provide up to four parking spaces per building. If no garage is present then all parking spaces must be located outside of the front yard setback. All other parking areas that may be located within the front yard shall be removed and restored to landscaping prior to the occupancy of the building. 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. Side Yard. Each lot or parcel of land in the MDR1 zone shall have a side yard of at least six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred and twenty (120) square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the latest adopted edition of the Building Code of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.7.090. Setbacks and Rights-of-Way Exceptions Exceptions. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility service. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Exception. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.7.100. Building Height No lot or parcel of land in the MDR1 zone shall have a building or structure which exceeds a maximum height of thirty (30) feet, measured at the building’s horizontal eaves. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. Gables and dormers are not included in height calculations unless their addition raises the overall peak height. 3.7.110. Distance Between Buildings The distance between any accessory building and a dwelling shall not be less than six (6) feet. 3.7.120. Permissible Lot Coverage Building Coverage. In an MDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area of the lot or parcel of land. Landscaping. At least thirty (30) percent of the area of any lot shall be maintained in landscaping. On any lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, and one hundred (100) percent of one (1) side yard. 3.7.130. Parking, Loading and Access Reserved 3.7.140. Project Plan Approval. All projects constructed within the MDR1 zone must submit, prior to beginning construction, a site plan for review and approval by City of Rexburg Staff. All structures must comply with the current Building Code of The City of Rexburg, ID. 3.7.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Parking Areas. An effective buffer shall be provided between parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. 3.7.160. Design Standards Purpose. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. Applicability. This section applies to all of the following types of buildings, and shall be applied during Site Plan Review described in Section 6.11: Multi-family dwelling. Standards. All buildings which are subject to this Section shall comply with all of the following standards. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard. Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features shall occur at a minimum of every forty (40) feet, and on each floor shall contain at least two of the following features: Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four (4) feet; Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two (2) feet and runs horizontally for a minimum length of four (4) feet; and/or Offsets or breaks in roof elevation of two (2) feet or greater in height. Eyes on the Street. All building elevations visible from a street right of way shall provide doors, porches, balconies, and/or windows. A minimum of fourty (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. “Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other feature that are part of the items making up the requirement shall be included in the measurement. The standard applies to each full and partial building story. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least two (2) of the following architectural features on all elevations, as appropriate for the proposed building type and style (features may vary on rear/side/front elevations): Dormers Gables Recessed entries Covered porch entries Cupolas or towers Pillars or posts Off-sets in building face or roof (minimum sixteen (16) inches) Bay windows and Window trim (minimum four (4) inches wide) Balconies Decorative patterns on exterior finish Decorative cornices and roof lines An alternative feature providing visual relief, similar to previous options 3.7.170. Other Requirements Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.8 Medium Density Residential 2 (MDR2) 3.8.010. Purposes and Objectives 3.8.020. Permitted Uses 3.8.030. Lot Area 3.8.040. Lot Width 3.8.045. Lot Depth 3.8.050. Lot Frontage 3.8.060. Prior Created Lots 3.8.070. Lot Configuration and Density 3.8.080. Yard Requirements 3.8.090. Setbacks and Rights-of-Way Exceptions 3.8.100. Building Height 3.8.110. Distance Between Buildings 3.8.120. Permissible Lot Coverage 3.8.130. Parking, Loading and Access 3.8.140. Project Plan Approval 3.8.150. Fencing and Requirements 3.8.160. Design Standards 3.8.170. Other Requirements 3.8.010. Purposes and Objectives The MDR2 zone is established to protect stable neighborhoods of detached single-family dwellings on smaller lots and 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. Up to twenty-four (20) units per acre shall be allowed with an atmosphere consistent with low building heights, low traffic volumes, ample off-street parking, and low nuisance potentials than higher density zoning. Structures within this zone shall have no more than 10 (10) dwelling units in any one structure, with maximum lot coverage of no more than eighty (80) percent. Setbacks and minimum lot size requirements in MDR2 shall be the same as in MDR1. 3.8.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the MDR2 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the MDR2 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the MDR2 zone: SIC Code Use 1111 Single-family dwelling- detached 1112 Single-family dwelling - attached 1292 Disabled Persons Residential facility Manufactured housing units 24 feet or wider on a permanent foundation. 1123 Two-family Dwelling Three-family Dwelling Four-family Dwelling 6811 Nursery Schools 6811 Day Care Centers Limited Home Occupations Permitted Accessory Uses. Accessory uses and structures are permitted in the MDR2 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the MDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 1241 Assisted and Residential Care Facility 1291 Residential Facility for Elderly Persons Boarding House Mobile Home Courts and Subdivisions Five (5) and up to ten (10) dwelling units per building. Dormitory Housing, Fraternity, Sorority (with up to ten (10) dwelling units per building) 4700 Communications in accordance other applicable communications ordinances 4814 Electricity Regulating Substations 4939 Other Utility and Public Facilities Separate Parking Lots 6242 Cemeteries 6513 Hospitals 6812 & 6813 Schools 6911 Churches, Synagogues, Temples 7111 Libraries 7411 Golf Course 7412 Golf Course w/ Country Club 7413 Tennis Courts 7414 Ice Skating 7423 Athletic Fields 7424 Recreation Centers 7432 Pools 7610 Parks and Playgrounds Skate Parks Home Occupations regulated as per the Rexburg Development Code Section 4.10.B 3.8.030. Lot Area The minimum lot area of any parcel of land in the MDR2 zone is 4,500 square feet. For each additional unit an additional minimum area of 2,060 square feet is required. However, under no circumstance will the density of twenty-four (24) Units per acre be exceeded. 3.8.040. Lot Width The minimum lot width in the MDR2 zone is sixty (60) ft. 3.8.045. Lot Depth The minimum lot depth in the MDR2 zone is seventy (70) feet. 3.8.050. Lot Frontage Each lot or parcel of land in the MDR 2 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 approved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.8.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.8.070. Lot Configuration and Density One (1), two (2), three (3), and four (4) family dwelling units may be placed on a lot or parcel of land in the MDR 2 zone as a matter of right. Five (5) and six (6) family dwellings are allowed with a conditional use permit. However, no development shall exceed a density of twenty (20) units per acre, and shall comply with the minimum lot sizes as required in Section 3.8.030 Lot Area. 3.8.080. Yard Requirements The following minimum yard requirements shall apply in the MDR2 zone: Front/Rear Yard. Each lot or parcel in the MDR2 zone shall have a minimum front yard of at least twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which case the front yard setback may be reduced to twenty feet (20). The minimum depth of a rear yard shall be twenty (20) feet. Side Yard. Each lot or parcel of land in the MDR2 zone shall have a side yard of not less than six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred twenty-square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the latest and most current Building Code of The City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.8.090. Setbacks and Rights-of-Way Exceptions Exceptions. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility service. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Exception. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.8.100. Building Height No lot or parcel of land in the MDR2 zone shall have a building or structure which exceeds a maximum height of thirty (30) feet, measured at the building’s horizontal eaves. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. Gables and dormers are not included in the height calculation unless their addition raises the overall peak height of the building. 3.8.110. Distance Between Buildings The distance between any accessory building and a dwelling shall not be less than six (6) feet. 3.8.120. Permissible Lot Coverage Building Coverage. In an MDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than eighty (80) percent of the area of the lot or parcel of land. Landscaping. At least fifty (20) percent of the area of any lot shall be maintained in landscaping. On any lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, fifty (50) percent of a rear yard, and one hundred (100) percent of one (1) side yard. 3.8.130. Parking, Loading and Access 3.8.140. Project Plan Approval All projects constructed within the MDR2 zone must submit, prior to beginning construction, a site plan for review and approval by City of Rexburg Staff. All structures must comply with the most current Building Code of The City of Rexburg, ID. 3.8.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Parking Areas. An effective buffer shall be provided between parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. 3.8.160. Design Standards Purpose. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. Applicability. This section applies to all of the following types of buildings, and shall be applied during Site Plan Review described in Section 6.11: Multi-family dwelling. Standards. All buildings which are subject to this Section shall comply with all of the following standards. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard. Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features shall occur at a minimum of every forty (40) feet, and on each floor shall contain at least two of the following features: Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four (4) feet; Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two (2) feet and runs horizontally for a minimum length of four (4) feet; and/or Offsets or breaks in roof elevation of two (2) feet or greater in height. Eyes on the Street. All building elevations visible from a street right of way shall provide doors, porches, balconies, and/or windows. A minimum of forty (40) percent of front (i.e., street-facing) elevations, and a minimum of twenty (20) percent of side and rear building elevations, as applicable, shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other features that are part of the items making up the requirement shall be included in the measurement. The standard applies to each full and partial building story. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least two (2) of the following architectural features on all elevations, as appropriate for the proposed building type and style (features may vary on rear/side/front elevations): Dormers Gables Recessed entries Covered porch entries Cupolas or towers Pillars or posts Off-sets in building face or roof (minimum sixteen (16) inches) Window trim (minimum four (4) inches wide) Bay windows Balconies Decorative patterns on exterior finish Decorative cornices and roof lines An alternative feature providing visual relief, similar to previous options 3.8.170. Other Requirements Commercial Lighting Standards are applicable as described in, Supplementary Regulations. 3.9 High Density Residential 1 (HDR1) 3.9.010. Purposes and Objectives 3.9.020. Permitted Uses 3.9.030. Lot Area 3.9.040. Lot Width 3.9.045. Lot Depth 3.9.050. Lot Frontage 3.9.060. Prior Created Lots 3.9.070. Lot Configuration and Density 3.9.080. Yard Requirements 3.9.090. Setbacks and Rights-of-Ways 3.9.100. Building Height 3.9.110. Distance Between Buildings 3.9.120. Permissible Lot Coverage 3.9.130. Parking, Loading and Access 3.9.140. Project Plan Approval 3.9.150. Fencing and Screening 3.9.160. Design Standards 3.9.170. Other Requirements 3.9.010. 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 and more families, dormitory housing, ample off-street parking, higher traffic volumes, proximity to BYU-Idaho and other traffic generators and low nuisance potential. Thirty (30) dwelling units per acre is the maximum density permitted in HDR1. 3.9.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the HDR1 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the HDR1 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the HDR1 zone: SIC Code Use 1291 Residential Facility for Elderly Persons 1292 Disabled Persons Residential facility Manufactured housing units 24 feet or wider on a permanent foundation. Up to a 48 units per building and developments up to 100 units. 6811 Nursery Schools 6811 Day Care Centers Bed and Breakfast 1241 Assisted and Residential Care Facility Boarding House Mobile Home Courts and Subdivisions Dormitory Housing, Fraternity, Sorority Permitted Accessory Uses. Accessory uses and structures are permitted in the HDR1 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the HDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 1111 Single-family dwelling- detached 1112 Single-family dwelling - attached Buildings containing over 48 units. and developments containing over 100 units. 4700 Communications in accordance other applicable communications ordinances 4814 Electricity Regulating Substations 4939 Other Utility and Public Facilities Separate Parking Lots 6242 Cemeteries 6513 Hospitals 6812 & 6813 Schools 6911 Churches, Synagogues, Temples 7111 Libraries 7411 Golf Course 7412 Golf Course w/ Country Club 7413 Tennis Courts 7414 Ice Skating 7423 Athletic Fields 7424 Recreation Centers 7432 Pools 7610 Parks and Playgrounds Skate Parks Automobile Parking Lots and Garages Other Utility Facilities Home Occupations regulated as per the Rexburg Development Code Section 4.10.B 3.9.030. Lot Area The minimum lot area on any parcel of land in the HDR1 zone is 6,000 square feet. For each additional unit an additional minimum area of 1,300 square feet is required. However, under no circumstance will the density of thirty (30) Units per acre be exceeded. 3.9.040. Lot Width The minimum lot width in the HDR1 zone is sixty (60) feet. 3.9.045. Lot Depth The minimum lot depth in the HDR1 zone is sixty (60) feet. 3.9.050. Lot Frontage The minimum frontage required on and HRD1 parcel is sixty (60) feet. 3.9.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.9.070. Lot Configuration and Density Buildings housing more than twenty-four (48) dwelling units are allowed with a conditional use permit. Dwelling unit density shall not exceed thirty (30) units per acre, and shall comply with the lot area requirements of Section 3.9.030. Pedestrian Emphasis Zone density is regulated by the University, the Building Code and any requirements imposed as part of the CUP required. 3.9.080. Yard Requirements The following minimum yard requirements shall apply in the HDR1 zone: Front/Rear Yard. Each lot or parcel in the HDR1 zone shall have a minimum front yard of at least twenty-five (25) feet. The minimum depth of a rear yard shall be twenty (20) feet. Side Yard. Each lot or parcel of land in the HDR1 zone shall have a side yard of at least six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. However, a setback of ten (10) feet shall be allowed within side yards that abut other HDR zones, commercial zones, or mixed-use zones, regardless of building height. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred and twenty (120) square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the current Building Code of the City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.9.090. Setbacks and Rights-of-Way Exceptions A. Exceptions. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility service. 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. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Exception. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.9.100. Building Height No lot or parcel of land in the HDR1 zone shall have a building or structure which exceeds a maximum height of fifty-five (55) feet, measured at the building’s horizontal eave. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. Buildings or portions of buildings within fifty (50) feet of a residential zone other than HDR1, HDR2, and mixed use zones shall be limited to a height of thirty-five (35) feet. 3.9.110. Distance Between Buildings The distance between any accessory building and a dwelling shall not be less than six (6) feet. 3.9.120. Permissible Lot Coverage Building Coverage. In an HDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than eighty (80) percent of the area of the lot or parcel of land. Landscaping. At least twenty (20) percent of the area of any lot shall be maintained in landscaping. On any lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard and one hundred (100) percent of one (1) side yard. 3.9.130. Parking, Loading and Access 3.9.140. Project Plan Approval All projects constructed within the HDR1 zone must submit, prior to beginning construction, a site plan for review and approval by City of Rexburg Staff. All structures must comply with the current Building Code of The City of Rexburg, ID. 3.9.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Parking Areas. An effective buffer shall be provided between parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. A fence of at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential or commercial zone. 3.9.160. Design Standards Purpose. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. Applicability. This section applies to all of the following types of buildings, and shall be applied during Site Plan Review described in Section 6.11: Multi-family dwelling. Standards. All buildings which are subject to this Section shall comply with all of the following standards. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard. Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features shall occur at a minimum of every forty (40) feet, and on each floor shall contain at least two of the following features: Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four (4) feet; Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two (2) feet and runs horizontally for a minimum length of four (4) feet; and/or Offsets or breaks in roof elevation of two (2) feet or greater in height. Eyes on the Street. All building elevations visible from a street right of way shall provide doors, porches, balconies, and/or windows. A minimum of forty (40) percent of front (i.e., street-facing) elevations, and a minimum of twenty (20) percent of side and rear building elevations, as applicable, shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other features that are part of the items making up the requirement shall be included in the measurement. The standard applies to each full and partial building story. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least two (2) of the following architectural features on all elevations, as appropriate for the proposed building type and style (features may vary on rear/side/front elevations): Dormers Gables Recessed entries Covered porch entries Cupolas or towers Pillars or posts Off-sets in building face or roof (minimum sixteen (16) inches) Window trim (minimum four (4) inches wide) Bay windows Balconies Decorative patterns on exterior finish Decorative cornices and roof lines An alternative feature providing visual relief, similar to previous options 3.9.170. Other Requirements Residential Lighting Standards are applicable as described in Chapter 4.13, Supplementary Regulations. 3.10 High Density Residential 2 (HDR2) 3.10.010. Purposes and Objectives 3.10.020. Permitted Uses 3.10.030. Lot Area 3.10.040. Lot Width 3.10.045. Lot Depth 3.10.050. Lot Frontage 3.10.060. Prior Created Lots 3.10.070. Lot Configuration and Density 3.10.080. Yard Requirements 3.10.090. Setbacks and Rights-of-Way Exceptions 3.10.100. Building Height 3.10.110. Distance Between Buildings 3.10.120. Permissible Lot Coverage 3.10.130. Parking, Loading and Access 3.10.140. Project Plan Approval 3.10.150. Fencing and Screening 3.10.160. Design Standards 3.10.170. Other Requirements 3.10.010. Purposes and Objectives The HDR2 Zone is established for multiple family housing units which fill housing needs for families at affordable rates. Construction will be done in larger tracts of ground and owned in common as larger apartment complexes and not sold as individual units. Maximum density is based upon bedroom capacities, as follows: 1 bedroom units-1.5 parking stalls per unit. Maximum units per net acre - 42 units 2 bedroom units - 2 parking stalls per unit. Maximum units per net acre - 38 units 3 bedroom units - 2 parking stalls per unit. Maximum units per net acre - 34 units HDR2 can be put in any high density housing areas designated in the Comprehensive Plan and will be done as a zone change and determined by P&Z and City Council public hearings. 3.10.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the HDR2 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the HDR2 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the HDR2 zone: SIC Code Use Up to forty eight (48) dwelling units per building. 1291 Residential Facility for Elderly Persons 1292 Disabled Persons Residential facility Manufactured housing units 24 feet or wider on a permanent foundation. 6811 Nursery Schools 6811 Day Care Centers Bed and Breakfast 1241 Assisted and Residential Care Facility Boarding House Mobile Home Courts and Subdivisions Dormitory Housing, Fraternity, Sorority Permitted Accessory Uses. Accessory uses and structures are permitted in the HDR2 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the HDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 1111 Single-family dwelling- detached 1112 Single-family dwelling - attached Buildings containing over forty eight (48) dwelling units and developments containing over 100 dwelling units. 4700 Communications in accordance other applicable communications ordinances 4814 Electricity regulating substations 4939 Other Utility and Public Facilities Separate Parking Lots 6242 Cemeteries 6513 Hospitals 6812 & 6813 Schools 6911 Churches, Synagogues, Temples 7111 Libraries 7411 Golf Course 7412 Golf Course w/ country club 7413 Tennis Courts 7414 Ice Skating 7423 Athletic Fields 7424 Recreation Centers 7432 Pools 7610 Parks and playgrounds skate parks Automobile parking lots and garages Other Utility Facilities Home Occupations regulated as per the Rexburg Development Code Section 4.10.A 3.10.030. Lot Area Minimum acreage per development is two (1/2) acres. 3.10.040. Lot Width The minimum lot width in the HDR2 zone is two hundred (200) ft. 3.10.045. Lot Depth The minimum lot depth in the HDR2 zone is sixty (60) feet. 3.10.050. Lot Frontage Each lot or parcel of land in the HDR2 zone shall abut a public street for a distance of thirty (30) feet on a line parallel to the center line of the street along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.10.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.10.070. Lot Configuration and Density Buildings housing more than twenty-four (24) dwellings are allowed with a conditional use permit. Thirty-four (34) units per acre are allowed by right and up to forty-two (42) units per acre are allowed with a conditional use permit and as described in the Purposes and Objectives section of this zone. Pedestrian Emphasis Zone density is regulated by the University, the Building Code and any requirements imposed as part of the CUP required. 3.10.080. Yard Requirements The following minimum yard requirements shall apply in the HDR2 zone: Front/Rear Yard. Each lot or parcel in the HDR2 zone shall have a minimum front yard of at least twenty-five (25) feet. The minimum depth of a rear yard shall be twenty (20) feet. Side Yard. Each lot or parcel of land in the HDR2 zone shall have a side yard of at least six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. However, a setback of ten (10) feet shall be allowed within side yards that abut other HDR zones, commercial zones, or mixed-use zones, regardless of building height. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred and twenty (120) square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the current Building Code of The City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.10.090. Setbacks and Rights-of-Way Exceptions Expectations. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility service. 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. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Expectation. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.10.100. Building Height No lot or parcel of land in the HDR2 zone shall have a building or structure which exceeds a maximum height of fifty-five (55) feet, measured at the building eave. 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 in. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 3.10.110. Distance Between Buildings The distance between any accessory building and a dwelling shall not be less than six (6) feet. 3.10.120. Permissible Lot Coverage Building Coverage. In an HDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than eighty (80) percent of the area of the lot or parcel of land. Landscaping. At least fifty (20) percent of the area of any lot shall be maintained in landscaping. On any lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard and one hundred (100) percent of one (1) side yard. 3.10.130. Parking, Loading and Access 3.10.140. Project Plan Approval All projects constructed within the HDR2 zone must submit City of Rexburg Staff. All structures must comply with the current Building Code of The City of Rexburg, ID. 3.10.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Buffers. Where a lot in the HDR1 or HDR2 zone adjoins a lot in the LDR1, LDR2, LDR3, MDR1, or MDR2 zone, or an unincorporated lot designated as single-family in the Comprehensive Plan, a seven (7) foot wide landscaped buffer shall be provided on said property line. The buffer shall be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot The trees shall be planted at thirty (30) foot intervals. When a public street is located between the front lot line of the HDR1 or HDR2 zone and any single-family zone, a landscaped buffer seven (7) feet wide shall be constructed and maintained on the front lot line. The buffer shall be planted with one (1) shade tree and five (5) low shrubs per thirty (30) lineal foot The landscaping shall be planned and maintained so as not to violate section 3.10.090. Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. 3.10.160. Design Standards Purpose. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. Applicability. This section applies to all of the following types of buildings, and shall be applied during Site Plan Review described in Section 6.11: Multi-family dwelling. Standards. All buildings which are subject to this Section shall comply with all of the following standards. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard. Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features shall occur at a minimum of every forty (40) feet, and on each floor shall contain at least two of the following features: Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four (4) feet; Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two (2) feet and runs horizontally for a minimum length of four (4) feet; and/or Offsets or breaks in roof elevation of two (2) feet or greater in height. Eyes on the Street. All building elevations visible from a street right of way shall provide doors, porches, balconies, and/or windows. A minimum of forty (40) percent of front (i.e., street-facing) elevations, and a minimum of twenty (20) percent of side and rear building elevations, as applicable, shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other features that are part of the items making up the requirement shall be included in the measurement. The standard applies to each full and partial building story. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least two (2) of the following architectural features on all elevations, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations): Dormers Gables Recessed entries Covered porch entries Cupolas or towers Pillars or posts Off-sets in building face or roof (minimum sixteen (16) inches) Window trim (minimum four (4) inches wide) Bay windows Balconies Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features) Decorative cornices and roof lines (e.g., for flat roofs) An alternative feature providing visual relief, similar to previous options 3.10.170. Other Requirements Refer to Chapter 4 of this Code: Supplementary Regulations. Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.11 Rural Residential 1 (RR1) 3.11.010. Purposes and Objectives 3.11.020. Permitted Uses 3.11.030. Lot Area 3.11.040. Lot Width 3.11.045. Lot Depth 3.11.050. Lot Frontage 3.11.060. Prior Created Lots 3.11.070. Lot Configuration and Density 3.11.080. Yard Requirements 3.11.090. Setbacks and Rights-of-Way Exceptions 3.11.100. Building Height 3.11.110. Distance Between Buildings 3.11.120. Permissible Lot Coverage 3.11.130. Parking, Loading and Access 3.11.140. Project Plan Approval 3.11.150. Fencing and Screening 3.11.160. Other Requirements 3.11.010. Purpose and Objectives The RR1 zone is established to protect stable neighborhoods of detached family dwellings on lots of one acre or more up to five (5) acres. Land in this zone is required to be relatively flat with a maximum slope of 3%. The minimum lot width shall be 150 feet; the minimum front yard shall be sixty (60) feet from the property line or ninety (90) feet from the center line of the road, whichever is greater; the minimum rear yard shall be thirty (30) feet from the property line; and the minimum side yard shall be six inches for every foot of building height with a ten (10) foot minimum. No structure shall be erected to a height greater than thirty (30) feet to eave height, measured from natural grade at the building site. There can be only one single-family dwelling per lot. Household pets are allowed, no more than two domestic livestock for each acre shall be allowed. Installation of curb and gutter or a drainage facility approved in advance by the Planning and Zoning Commission shall be required. The maximum lot coverage by buildings, including the dwelling, shall be fifty (50) percent. 3.11.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the RR1 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the RR1 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the RR1 zone: SIC Code Use 1111 Single-family dwelling- detached 1292 Disabled Persons Residential facility Manufactured housing units 24 feet or wider on a permanent foundation. Gardening for personal use Customary household pets Agriculture Right of Way Permitted Accessory Uses. Accessory uses and structures are permitted in the RR1 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the RR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 1241 Assisted and Residential Care Facility 1291 Residential Facility for Elderly Persons 4700 Communications in accordance other applicable communications ordinances 4814 Electricity regulating substations 4939 Other Utility and Public Facilities 6242 Cemeteries 6811 Nursery Schools 6812 & 6813 Schools 6911 Churches, Synagogues, Temples 7413 Tennis Courts 7414 Ice Skating 7432 Pools 7610 Parks and Playgrounds Skate Parks 3.11.030. Lot Area The minimum area of any lot or parcel of land in the RR1 zone is one (1) acre or more up to five (5) acres. 3.11.040. Lot Width The minimum lot width in the RR1 zone is one hundred and fifty (150) feet. 3.11.045. Lot Depth The minimum lot depth in the RR1 zone is one hundred (150) feet. 3.11.050. 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 center line of the street along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.11.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.11.070. Lot Configuration and Density One (1) single-family dwelling may be placed on a lot or parcel of land in the RR1 zone as a matter of right. Two-family dwellings are not allowed. 3.11.080. Yard Requirements The following minimum yard requirements shall apply in the RR1 zone: Front/Rear Yard. Each lot or parcel in the RR1 zone shall have a minimum front yard of at least sixty (60) feet from the front property line or ninety (90) feet from the centerline of the road, whichever is greater. The minimum depth of a rear yard shall be twenty (30) feet. Side Yard. Each lot or parcel of land in the RR1 zone shall have a side yard of not less than ten (10) feet or six (6) inches of setback for every foot of building height, whichever is greater. C. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred twenty-square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the latest current Building Code of The City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.11.090. Setbacks and Rights-of-Way Exceptions Exceptions. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and all other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Exception. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.11.100. Building Height No lot or parcel of land in the RR1 zone shall have a building or structure which exceeds a maximum height of thirty (30) feet, measured the top of horizontal wall. 3.11.110. Distance Between Buildings The distance between any accessory building and a dwelling shall not be less than six (6) feet. 3.11.120. 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. 3.11.130. Parking, Loading and Access Requirements. The Madison County Commission together with the Rexburg City Council shall designate certain roads and Streets located within the area of city Impact as Direct Access Restricted Road. 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. 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. Said lots or parcels shall comply with the following requirements: Such lots shall reverse frontage on the designated direct accesses restricted road. Such lots shall be buffered from the direct access restricted road by any effective combination of the following: lot depth, earth berms, vegetation, walls or fences, and structural sound proofing. 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. Whenever practical existing roadside trees shall be saved and used in the arterial buffer. 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. 3.11.140. Project Plan Approval All projects constructed within the RR1 zone must submit, prior to beginning construction, a site plan for review and approval by City of Rexburg Staff. All structures must comply with the current Building Code of The City of Rexburg, ID. 3.11.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. 3.11.160. Other Requirements Refer to Chapter 4 of this Code: Supplementary Regulations. Rural Residential (RR2) 3.12.010. Purposes and Objectives 3.12.020. Permitted Uses 3.12.030. Lot Area 3.12.040. Lot Width 3.12.045. Lot Depth 3.12.050. Lot Frontage 3.12.060. Prior Created Lots 3.12.070. Lot Configuration and Density 3.12.080. Yard Requirements 3.12.090. Setbacks and Rights-of-Way Exceptions 3.12.100. Building Height 3.12.110. Distance Between Buildings 3.12.120. Permissible Lot Coverage 3.12.130. Parking, Loading and Access 3.12.140. Project Plan Approval 3.12.150. Fencing and Screening 3.12.160. Other Requirements 3.12.010. Purpose and Objectives The RR2 Zone is established to provide rural residential zoning for the development and protection of country neighborhoods. Land in this zone is require to be relatively flat with a maximum slope of 3%. The minimum development size for RR2 Zoning is on half (1/2) acre. 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. The zone shall be characterized by single-family dwellings on lots of a minimum of 1/2 acre, ample off-street parking and reflecting a rural isolated atmosphere. An accessory apartment is allowed with a Conditional Use Permit. Neighborhoods with RR2 zoning conform to the city typical road section for RR2 neighborhoods. Application of RR2 Zoning must be consistent with topography where storm water run off and erosion are not a problem. The City of Rexburg right of way width is a minimum of sixty-eight (68) feet or as dictated by current road right-of-way policy. Two (2) dwelling units per net acre is the maximum density permitted in RR2. The RR2 zone is established to protect stable neighborhoods of detached single-family dwellings on half (1/2) acre 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. 3.12.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the RR2 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the RR2 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, shall be permitted in the RR2 zone: SIC Code Use 1111 Single-family dwelling- detached Accessory Building 1292 Disabled Persons Residential facility Manufactured housing units 24 feet or wider on a permanent foundation. Limited Home Occupations Gardening for personal use Customary household pets Agriculture Right of Way Permitted Accessory Uses. Accessory uses and structures are permitted in the RR2 zone provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. Swimming pools. Vegetable and flower gardens and noncommercial orchards. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided, further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the RR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use Accessory Apartment 1241 Assisted and Residential Care Facility 1291 Residential Facility for Elderly Persons 4700 Communications in accordance other applicable communications ordinances 4814 Electricity regulating substations 4939 Other Utility and Public Facilities 6242 Cemeteries 6811 Nursery Schools 6812 & 6813 Schools 6911 Churches, Synagogues, Temples 7413 Tennis Courts 7414 Ice Skating 7432 Pools 7610 Parks and Playgrounds Skate Parks 3.12.030. Lot Area The minimum area of any lot or parcel of land in the RR2 zone is 21,780 sq. ft. 3.12.040. Lot Width The minimum lot width in the RR2 zone is one hundred and twenty (120) feet. 3.12.045. Lot Depth The minimum lot depth in the RR2 zone is one hundred and forty (140) feet. 3.12.050. 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. 3.12.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.12.070. Lot Configuration and Density One (1) single-family dwelling may be placed on a lot or parcel of land in the RR2 zone as a matter of right. 3.12.080. Yard Requirements The following minimum yard requirements shall apply in the RR2 zone: Front/Rear Yard. Each lot or parcel in the RR2 zone shall have a minimum front yard of at least twenty-five (25) feet. The minimum depth of a rear yard shall be twenty (20) feet. Side Yard. Each lot or parcel of land in the RR2 zone shall have a side yard of at least six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred twenty-square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the latest current Building Code of The City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.12.090. Setbacks and Rights-of-Way Exceptions A. Exceptions. The following structures may be erected on or projected into any required setback or right-of-way: Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances. Landscape elements including trees, shrubs, agricultural crops and other plants. Necessary appurtenances for utility service. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained by the adjacent property owner. For the purpose of insuring 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 forty (40) 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 (10) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Additional Exception. 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 average setback of such buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. 3.12.100. Building Height No lot or parcel of land in the RR2 zone shall have a building or structure which exceeds a maximum height of twenty-five (25) feet, measured at the building eve. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 3.12.110. Distance Between Buildings The distance between any accessory building and a dwelling shall not be less than six (6) feet. The distance between buildings containing dwelling on the same lot shall not be less than ten (10) feet or as per the Building Code, whichever is greater. 3.12.120. Permissible Lot Coverage Building Coverage. In an RR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area of the lot or parcel of land. Landscaping. At least thirty (30) percent of the area of any lot shall be maintained in landscaping. 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. 3.12.130. Parking, Loading and Access Requirements. The Madison County Commission together with the Rexburg City Council shall designate certain roads and Streets located within the area of city Impact as Direct Access Restricted Road. 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. 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. Said lots or parcels shall comply with the following requirements: Such lots shall reverse frontage on the designated direct accesses restricted road. Such lots shall be buffered from the direct access restricted road by any effective combination of the following: lot depth, earth berms, vegetation, walls or fences, and structural sound proofing. 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. Whenever practical existing roadside trees shall be saved and used in the arterial buffer. 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. 3.12.140. Project Plan Approval All projects constructed within the RR2 zone must submit, prior to beginning construction, a site plan for review and approval by City of Rexburg Staff. All structures must comply with Building Department requirements. 3.12.150. Fencing and Screening Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the following standards: Parking Areas. . An effective buffer shall be provided between parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot Fences. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning Commission. 3.12.160. Other Requirements Refer to Chapter 4 of this Code: Supplementary Regulations. COMMERCIAL ZONES 3.13 Neighborhood Business District (NBD) 3.13.010. Purpose and Objectives 3.13.020. Permitted Uses 3.13.025. Single Ownership and Control 3.13.030. Lot Area 3.13.040. Lot Width 3.13.050. Lot Frontage 3.13.060. Prior Created Lots 3.13.070. Area of Zone 3.13.080. Yard Requirement 3.13.090. Projections into Yards 3.13.100. Building Height 3.13.110. Distance Between Buildings 3.13.120. Permissible Lot Coverage 3.13.130. Parking, Loading and Access 3.13.140. Project Plan Approval 3.13.150. Other Requirements 3.13.160. Architectural Design Standards 3.13.170 Design Standards 3.13.180. Commercial Lighting Standards 3.13.010. Purpose and Objectives The NBD zone is established to provide an area in which the primary use of the land is for commercial and service uses to serve the daily convenience needs of the surrounding residential neighborhood. The zone is intended to be located on the fringe of neighborhood areas, along a collector or arterial street and to be integrated into the residential structure of a neighborhood in a manner that will create a minimum of detriment, hazard, or inconvenience to surrounding residential development. Each NBD zone will be small, containing from one (1) to two (2) acres, and will be located within convenient walking distance from the edge of the surrounding residential area it is designed to serve. In general, the NBD zones will be located from one-half (½) mile from each other, or from another zone in which the daily commercial needs of a neighborhood or residential area will be served. It is intended that the NBD zone shall be characterized by a harmonious grouping of commercial stores and shops which will be architecturally designed for, and will function as, an integrated unit. Hours of operation should be regulated to provide compatibility. Clean, well-lighted parking lots and attractive, well-maintained shops with appropriate landscaping will also be characteristic of this zone. Lighting will be of a relatively low intensity and low profile with adequate shielding to protect the surrounding residential areas. The architectural design and character will be compatible with that of the surrounding residential environment. Uses permitted in the NBD zone will be those which will create no detriment to the surrounding residential areas, and will generally serve only the daily convenience needs of the residential neighborhood. Dwellings, industries, recreational uses, or other heavy commercial uses which tend to thwart and discourage the use of the land within this zone for its primary purpose have been excluded. Typical uses allowed by right in this zone are grocery stores, restaurants, drug stores, miscellaneous retail such as book stores and florists, bakeries, dry cleaning, laundries and garment alterations/repairs, video rental, post offices, and barber or beauty shops. A broader range of uses is permitted pursuant to the issuance of a conditional use permit. 3.13.020. Permitted Uses Categories. Those uses or categories as listed herein, and no others, are permitted in the NBD zone. Numbered Listings. All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four (4) digit number in which the last one or two digits are zeros. All such categories or classes listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the NBD zone subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures (maximum 20,000 square feet GFA per building), and no others, are permitted in the NBD zone: SIC Code Use 5410 Grocery Stores, Convenience (not Supermarket) 5460 Bakeries and Doughnut Shops 5910 Books, Stationery, Art and Hobby Supplies 5991 Florists 6230 Beauty and Barber Shops 6251 Pressing, Alteration and Garment Repair 6730 Postal Services 7398 Video Rental Shops Permitted Accessory Uses. Accessory uses and structures are permitted in the NBD zone, provided they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the NBD zone. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto and, provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the NBD zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. SIC Code Use 5230 Paint, Glass and Wall Paper 5251 Hardware 5256 Swimming Pool Supplies 5310 Shopping Centers (if center is more than 5 acres but less than 10 acres) 5330 Variety Stores, Limited Price (not department stores) 5410 Grocery Stores (if center is more than 5 acres but less than 10 acres) 5420 Meats and Fish 5430 Fruits and Vegetables 5440 Candy, Nut, and Confectionery 5450 Dairy Products 5490 Retail Trade item Food (except 5493 and 5497) 5999 Miscellaneous Retail Trade 6100 Finance, Insurance and Real Estate Services 6210 Laundry and Dry Cleaning (includes Self-service Laundries) 6220 Photographic Services 6254 Shoe Repair, Hat Cleaning 6290 Miscellaneous Personal Services 6722 Police Protection and Related Activities, Branch (office only) 6815 Day Care Centers 6835 Dancing Schools Maximum Office Usage. The total gross floor area for office uses permitted in any NBD zone shall not exceed fifty (50) percent of the total floor area in any project plan submitted for Planning and Zoning Commission approval. 3.13.025. Single Ownership and Control Land within a given NBD zone shall be in single ownership or single control in order to provide for integrated development. The term "single control" shall be construed to allow the recording of a Record of Survey which is in conformance with the "Final Development Plans”. The Record of Survey must be approved and recorded prior to the issuance of any building permits and must be in compliance with all applicable sections of the Rexburg City Code and Building Codes adopted by Rexburg City. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment of the NBD zone. 3.13.030. Lot Area The minimum area of any lot or parcel of land in the NBD zone shall be one (1) acre; however, smaller lots or parcels may be created as part of an approved and recorded Record of Survey. The maximum area of a lot or parcel of land in the NBD zone shall be five (5) acres. Said land must be under single ownership or single control for integrated development. 3.13.040. Lot Width Each lot or parcel of land in the NBD zone shall have an average width of not less than two hundred (200) feet; however, narrower lots or parcels may be created as part of an approved and recorded Record of Survey, as specified in Rexburg City Code. 3.13.050. Lot Frontage Each lot or parcel of land in the NBD zone shall abut a public arterial or collector street for a minimum distance of two hundred (200) feet, on a line parallel to the centerline of the street, or along the circumference of a cul-de-sac improved to the City standards; 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 as specified in Section 3.13.025, Rexburg City Code. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.13.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter. 3.13.070. Area of Zone Each single NBD (Neighborhood Business District) zone shall contain a minimum of one (1) acre up to a maximum of ten (10) acres. Any shopping center greater than five (5) acres shall require a Conditional Use Permit. The NBD zone shall not be applied to an existing commercial area which does not meet these area requirements and shall not be applied to an existing commercial development which has not been designed and constructed as an integrated shopping center. The NBD zone shall be predominately established on the fringe of established residential areas. 3.13.080. Yard Requirement The following minimum yard requirements shall apply in the NBD zone: Front Yard. Each lot or parcel in the NBD zone shall have a front yard of not less than ten (10) feet. Said front yard shall not be used for vehicular parking and shall be appropriately landscaped. Side Yard. Except as provided in Sub-sections (3), (4), and (5) of the Rexburg City Code, each lot or parcel of land in the NBD zone shall have a side yard of at least ten (10) feet when located adjacent to a residential zone. There shall be no requirement in those instances where the side property line abuts a commercial or industrial zone. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building is located more than ten (10) feet from any main residential building on an adjacent property. The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. Rear Yard. When adjacent to an existing or planned residential zone the minimum rear yard setback shall match the adjacent residential zone. 3.13.090. Projections into Yards Permitted Projections. The following structures may be erected on or projected into any required yard, except for a required driveway: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements including trees, shrubs, turf, and other plant materials. Necessary appurtenances for utility service. Permitted Projections with Conditions. The structures listed below may project into a minimum front yard no more than four (4) feet and into a minimum side yard not more than two (2) feet, except that a required driveway shall remain unobstructed from the ground up: Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. 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 is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features. 3.13.100. Building Height Permitted Heights. No lot or parcel of land in the NBD zone shall have a building or structure which exceeds a height of three (3) stories with a maximum of thirty-five (35) feet. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height. Four Story Buildings. A four (4) story building or structure, not to exceed forty-five (45) feet in height, may be allowed by obtaining a Conditional Use Permit from the Planning and Zoning Commission, provided that the horizontal setback of the proposed structure from the nearest residential zone boundary is equal to or exceeds twice the building's height, as measured from the average grade of the front yard to the highest point of the roof. 3.13.110. Distance Between Buildings The minimum distance between any accessory building and a main building on a lot in the NBD zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the Building Code as adopted by the Rexburg City Council. 3.13.120. Permissible Lot Coverage In an NBD zone, all buildings and structures (including impervious surfaces, e.g. driveways) shall not cover an area of more than seventy (70) percent of the lot or parcel of land upon which they are placed. 3.13.130. Parking, Loading, and Access Each lot or parcel in the NBD zone shall have, on the same lot or parcel, automobile parking sufficient to meet the requirements for retail commercial establishments as set forth in Rexburg City Code. All parking spaces shall be paved with asphaltic cement or concrete and shall be provided with paved access from a public street. Said spaces shall be provided with adequate drainage which shall not run across a public sidewalk. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street. 3.13.140. Project Plan Approval All Project plans for projects in the NBD Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.13.150. Other Requirements Signs. All signs erected in the NBD zone shall be in conformance with the sign provisions of the Rexburg City Sign Code, and shall be in general compliance with the typical signing program approved by the Planning and Zoning Commission under the provisions of section 3.13.140, Rexburg City Code. Uses Within Buildings. All uses established in the NBD zone shall be conducted entirely within a fully-enclosed building except the pumping of gasoline and similar uses deemed by the Planning and Zoning Commission to be customarily and appropriately conducted in the open. Landscaping. A minimum of ten (10) percent landscaping is required. Trash Storage. See Section 4.13. Walls and Fences. No wall, fence or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in an NBD zone. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual agreement, the vinyl fence will be required. Transitional Development Standards. Where a lot or parcel in any business, commercial, manufacturing, or industrial zone borders a residential zone, the buffering standards set forth in Rexburg City Code shall apply. Hours of Operation. In the NBD zone, no permitted or conditionally permitted use shall be open for business or accept deliveries after 11:00 P.M. or before 6:00 A.M., unless otherwise approved by the Planning and Zoning Commission as part of a duly authorized conditional use permit. 3.13.160. Architectural Design Standards Architectural design requirements are found in Chapter 4.13 Supplementary Regulations under Commercial Design Standards. Neighborhood Commercial developments are also subject to the following design standards: 3.13.170. Design Standards Purpose. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. Applicability. This section applies to all of the following types of buildings, and shall be applied during Site Plan Review described in Section 6.11: Multi-family dwelling. Public and institutional buildings. Neighborhood commercial and mixed use buildings. Standards. All buildings which are subject to this Section shall comply with all of the following standards. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature may be used to comply with more than one standard. Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features shall occur at a minimum of every 40 feet, and on each floor shall contain at least two of the following features: Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four (4) feet; Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two (2) feet and runs horizontally for a minimum length of four (4) feet; and/or Offsets or breaks in roof elevation of two (2) feet or greater in height. Eyes on the Street. All building elevations visible from a street right of way shall provide doors, porches, balconies, and/or windows. A minimum of 60 percent of front (i.e., street-facing) elevations, and a minimum of thirty (30) percent of side and rear building elevations, as applicable, shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other features that are part of the items making up the requirement shall be included in the measurement. The standard applies to each full and partial building story. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least three (3) of the following architectural features on all elevations, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations): Dormers Gables Recessed entries Covered porch entries Cupolas or towers Pillars or posts Off-sets in building face or roof (minimum sixteen (16) inches) Window trim (minimum four (4) inches wide) Bay windows Balconies Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features) Decorative cornices and roof lines (e.g., for flat roofs) An alternative feature providing visual relief, similar to previous options 3.13.180. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. General Business District (GBD) 3.14.010. Purpose and Objectives 3.14.020. Permitted Uses 3.14.030. Lot Area 3.14.035. Commercial and Residential Area Requirements in Mixed Residential / Commercial Use Structures 3.14.040. Lot Width 3.14.050. Lot Frontage 3.14.060. Prior Created Lots 3.14.070. Area of Zone 3.14.080. Yard Requirements 3.14.090. Projections into Yards 3.14.100. Building Height 3.14.110. Distance Between Buildings 3.14.120. Permissible Lot Coverage 3.14.130. Parking, Loading, and Access 3.14.140. Project Plan Approval 3.14.150. Other Requirements 3.14.160. Architectural Design Standards 3.14.170 Commercial Lighting Standards 3.14.010. Purpose and Objectives. The GBD Zone is established to provide a district primarily for the accommodation of commercial uses and commercial areas which have been established in locations away from the central core of the City and which are not within the shopping centers of integrated design. Though this zone will be applied to areas which have developed as "strip commercial" developments along major streets and highways, it shall not be used to promote or establish areas in which such development can be promulgated or encouraged in violation of good planning principals. The GBD zone is to provide for the location and grouping of compatible retail enterprises having the common characteristics of dispensing commodities, providing professional services or providing personal services to the individual, but which do not involve more than incidental or limited assembly, fabrication or storage of commodities. The GBD zoning district is appropriately applied in the following circumstances: On the periphery of the CBD zone where retail uses are appropriate yet the distance to community parking facilities indicates a need for onsite parking. At dispersed commercial centers where the grouping of retail and office uses is appropriate to serve community or regional needs. The GBD zone should be applied to vacant land areas for new construction only in the event that integrated shopping center development is not practical and/or desirable because of difficult size, shape, topography, or similar problems related to land otherwise deemed to be appropriate for commercial development. The location of the GBD zone should be close to freeways or major arterials to provide convenient access for major traffic volumes without hazard and without traversing through a residential area. The GBD zone shall not be applied to the internal areas of residential neighborhoods. Although the GBD zone may be applied to existing commercial areas which have a variety of characteristics, the provisions contained herein should be used to encourage greater integrity and aesthetic improvements as these areas are redeveloped, expanded, and improved. Integrated and coordinated landscaping, parking, ingress, and signing and building design should be encouraged and regulated through the use of project plan approval procedures. New construction should be in harmony with the characteristics of the surrounding developed commercial and residential areas. The uses characteristic of this zone will be a wide range of retail stores, shops, services, and offices. This zone may be applied to areas which have existing offices, heavy commercial and institutional uses. It is the intent that the GBD zone contains a mixture of compatible uses. 3.14.020. Permitted Uses. Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the GBD zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Industrial Classification Manual, 1987 Edition. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the GBD zone subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted n the GBD zone: SIC Code Use 2742 Commercial printing only related to retail sales of printed products 4923 Travel Agencies 5230 Paint, glass, and wall paper 5240 Electrical supplies 5251 Hardware 5320 Mail and Phone order houses 5330 Variety stores 5390 Retail trade - general merchandise 5400 Food stores 5490 Miscellaneous retail food establishments 5520 Automobile accessories (except tire recapping and vulcanizing) 5600 Apparel and accessories 5700 Furniture, home furnishings, and equipment (no combined ware-housing) 5810 Eating places (restaurants) 5910 Drug and proprietary stores 5931 Antiques (indoor display only) 5940 Books, stationery, art, and hobby supplies 5450 Sporting goods, bicycles, and toys 5969 Garden supplies (entirely within a building only) 5970 Jewelry 5984 Ice dealers (automated machines or pick-up stations only) 5990 Miscellaneous retail stores (includes florists, cigars, newspapers, magazines, photo supplies, pet stores, and other similar retail stores) 6100 Banks, insurance, and real estate (office only) 6200 Personal services - includes photography, beauty and barber services, clothing repair, shoe repair, etc. (except 6240 and 6299 wedding chapels and reception centers only) 6297 Athletic clubs, body building studios, Spas, aerobic centers, (no gymnasiums) 6360 Employment Services 6493 Watch, clock, jewelry repair, etc. 6497 Gunsmiths 6500 Professional Services 6730 Postal services 6800 Educational services 7398 Video Rental Shops Permitted Accessory Uses. Accessory uses and structures are permitted in the GBD zone provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such permitted uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the GBD zone. Storage of materials used for construction of buildings, 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. Conditional Uses. The following uses and structures are permitted in the GBD zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. SIC Code Use Residential facility for Elderly persons (not including assisted living which should be located in a residential area) 1512 Motels (highway frontage only) 4292 Ambulance service 4600 Parking lot (surplus parking only) 4834 Water storage as part of a utility system (covered including water storage stand pipes) 4872 Debris basin (a dam and basin for intercepting debris) 4874 Spreading grounds (area for percolating water into underground) 5511 New and used car sales 5512 Motor vehicles, automobiles (used only)/retail trade 5530 Service stations 5594 Motorcycles, motor scooters, parts, accessories, and supplies 5920 Liquor, package 5936 Thrift store and general second hand merchandise (indoor display and storage only; use of outdoor collection boxes is prohibited) 5983 Bottled gas 6210 Laundry and Dry Cleaning (includes Self-service Laundries) 6299 Personal services (wedding chapels, reception centers only) 6340 Dwelling and building services (not units) 6397 Vehicle rental 6411 Automobile repair Manufacture and installation of auto-mobile seat covers and auto tops 6416-17 Auto washing and polishing 6418 Auto glass repair 6419 Automobile services, except repair and wash (motor clinics) 6420 Electrical appliance repair 6494 Furniture repair 6498 Saw, knife, and tool sharpening 6499 Miscellaneous small item repair 6722 Police protection and related activities, branch (office only) 6940 Social, fraternal, and youth organizations and services 7212 Motion picture theaters 7391 Coin-operated amusement or video centers 7392 Miniature golf 7394 Electric go-kart tracks (indoor only) 7396 Dance halls, ballroom 7397 Billiard and pool halls 7414 Ice skating 7415 Roller skating and skate Boarding 7417 Bowling alleys 8222 Animal hospital services (small animal out- patient clinic only) 3.14.030. Lot Area. There shall be no minimum lot area requirements in the GBD zone except as may be dictated by off-street parking requirements, adequate circulation, and property site utilization. 3.14.040. Lot Width. No requirement. 3.14.050. Lot Frontage. Each lot or parcel of land in the GBD zone shall have frontage on a public street for a minimum distance of thirty-five (35) feet. 3.14.060. Prior Created Lots. Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building permit solely for reasons of nonconformance to the parcel requirements of this Chapter. 3.14.070. Area of Zone. Each single GBD zone zoning district shall contain a minimum of two (2) acres except those existing, previously developed commercial facilities and areas to which the GBD zone is applied. 3.14.080. Yard Requirements. The following maximum yard requirements shall apply in the GBD zone: Front Yard. Each lot or parcel of land in the GBD zone shall have a front yard of not less than ten (10) feet, except that in areas developed prior to the establishment of this zone, the front yard shall be equal to the average of existing front yards on all parcels of property along the block face in which a building or structure is to be located. Side Yard. Except as provided in subsections (3), (4) (5) and (6) of this section, each lot or parcel of land in the GBD zone shall have a side yard of at least ten (10) feet or match the setbacks of the adjacent residential zone or use whichever is greater. There shall be no requirements in those instances where the side property line abuts a commercial or industrial zone. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: An accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a fire rated wall as required by the Building Code. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. Rear Yard. There shall be no rear yard requirements except as may be dictated by provisions of the Building Code, unless adjacent to a residential zones or use, in which case the rear yard setback shall match the setback requirement of the adjacent residential zone. Rear Yard. Accessory Building. An accessory building shall be setback a minimum of ten (10) feet from any residential zone or use. 3.14.090. Projections into Yards. Permitted projections. The following structures may be erected on, or project into, any required yard, except into a required driveway: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscaping elements including trees, shrubs, and other plants. Necessary appurtenances for utility service. 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, except that required driveways shall remain unobstructed from the ground upward. Eaves, belt courses, sills, buttresses, or other similar architectural features. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. 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 is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features. 3.14.100. Building Height. In the GBD zone, the height of every building or structure hereinafter designed, erected, or structurally altered or enlarged shall be regulated by conformance to the requirements of the most recent edition of the Building Code as adopted by action of the Municipal Council. However, the maximum building height shall be forty-five (45) feet. After the effective date of this Chapter, all new structures exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise required by law. 3.14.110. Distance Between Buildings. As required by the Building Code. 3.14.120. Permissible Lot Coverage. No requirements except as may be dictated by yard requirements, landscape requirements, and compliance with off-street parking provisions. 3.14.130. Parking, Loading, and Access. Each lot or parcel in the GBD zone shall have automobile parking sufficient to meet the requirements as set forth in Chapter Rexburg City Code. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with adequate drainage which shall not run across a public sidewalk. Parking spaces shall not be located within a required front yard adjacent to a public street. 3.14.140. Project Plan Approval. All Project plans for projects in the GBD Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.14.150. Other Requirements. Signs. All signs erected in the GBD zone shall be in conformance with the sign provisions of Rexburg City Code. Uses Within Buildings. All uses established in the GBD zone shall be conducted entirely within a fully-enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, ice skating, miniature golf, plant nurseries, etc. Landscaping. A minimum of ten (10) percent of the site shall be landscaped. Trash Storage. See Section 4.13. Walls and Fences. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in a GBD zone. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual agreement, the vinyl fence will be required. Remodeling in Existing GBD Zones. If the remodeling of a building in the GBD zone causes the exterior of the building to be enlarged, the landscaping requirements of Section 3.14.150(C) shall apply, with the following limitations: The requirements of Section 3.14.150(C) shall not fully apply where those requirements would conflict with parking requirements, be incompatible with the design of existing buildings or impair ingress or egress to existing buildings or parking areas. 3.14.160. Architectural Design Standards Architectural design requirements found in Section 4.13 Supplementary Regulations under Commercial Design Standards shall apply. 3.14.170 Commercial Lighting Standards. Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. Central Business District (CBD) 3.15.010. Purpose and Objectives 3.15.020. Permitted Uses 3.15.030. Lot Area 3.15.040. Lot Width 3.15.050. Lot Frontage 3.15.060. Prior Created Lots 3.15.070. Area of Zone 3.15.080. Yard Requirements 3.15.090. Building Height 3.15.100. Distance Between Buildings 3.15.110. Permissible Lot Coverage 3.15.120. Parking, Loading and Access 3.15.130. Project Plan Approval 3.15.140. Other Requirements 3.15.150. Residential Standards 3.15.160. Architectural Design Standards 3.15.170. Downtown Lighting Standards 3.15.010. Purpose and Objectives The CBD is established to recognize the historic central retail and service center of the City. Front setbacks are not common and lot coverage may approach or be one hundred percent. On-street parking serves many of the businesses. Office and residential uses are encouraged on the upper floors of the downtown buildings, and first floor residential uses are conditional uses. The CBD zone is intended to be located only in the central core area of the City and to be expanded out from that central area in an orderly and progressive manner as the demand for additional commercial land is generated. The CBD zone is to be characterized by wide, clean, well-lighted streets, ample pedestrian ways, and vehicular parking lots for the convenience and safety of the public. Attractive, inviting, and well-maintained shops, stores, offices, and other buildings are also characteristic of this zone. Signing of shops and business establishments should be simple and attractive with signs mounted flat against the building to reduce the sign clutter and enhance the aesthetics of the downtown area. The uses characteristic of this zone are retail stores, banks, office buildings, theaters, hotels, and a wide variety of specialty shops and retail outlets. Conversely, uses which tend to create business dead spots, cause undue scattering of business, and generally tend to thwart the use of the land for its primary purpose have been excluded from the zone. This zone will tend to encourage an architectural theme which will strengthen the continuity of the downtown area and give it a "character" with which the citizens of Rexburg can identify. 3.15.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the CBD zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or categories of such uses permitted within the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the CBD zone, subject to the limitations set forth. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the CBD zone: SIC Code Use Two-family dwelling above the ground floor (attached to commercial or other nonresidential use) Multiple Family Dwelling above the ground floor Apartments above the ground floor (low rise attached to commercial or other nonresidential use as a mixed-use project as set forth in Rexburg City Code) Apartments above the ground floor (high rise attached to commercial or other nonresidential use; as a mixed-use project as set forth in Rexburg City Code) 1220 Membership lodging 1250 Religious quarters 1291 Residential facility for elderly persons above the ground floor 1292 Residential facility for persons with a disability above the ground floor 1300 Residential hotels with units above ground floor 1500 Transient lodgings 4210 Bus transportation (except 4214) 4290 Motor vehicle transportation 4600 Automobile parking (this does not include long term storage of autos, trucks, boats, vacation trailers, etc., which is prohibited) 4811 Electric transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4821 Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity. 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4837 Water utilities or irrigation company office 4841 Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) 4844 Sewage pumping stations 4853 Refuse disposal company office 4862 Gas and electric utility company office 4863 Water and electric utility company office 4864 Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (predominantly covered pipes or boxes) 4923 Travel Agencies 5220 Heating and plumbing equipment (no outside storage) 5230 Paint, glass, and wallpaper 5240 Electrical supplies 5251 Hardware 5255 Building maintenance 5256 Swimming pool supplies 5311 Department stores (includes major and junior chain department stores) 5312 Discount department stores 5313 Surplus stores (inside only) 5320 Mail and Phone order houses 5330 Variety stores 5340 Merchandise vending machine operators 5350 Direct selling organization 5390 Retail trade - general merchandise 5400 Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.) 5490 Miscellaneous retail food establishments 5600 Apparel and accessories 5700 Furniture, home furnishings, and equipment (no combined warehousing) 5810 Eating places (restaurants) 5910 Drug and proprietary stores 5940 Books, stationery, art, and hobby supplies 5950 Sporting goods, bicycles, and toys 5969 Garden supplies (entirely within a building only) 5970 Jewelry 5984 Ice dealers (automated machines or pick-up stations only) 5990 Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet stores, and other similar retail stores) 6100 Banks, insurance, and real estate (office only) 6200 Personal services - including photography, beauty and barber services, clothing repair, etc. (except 6240 and 6299 wedding chapel and reception centers only) 6241 Funeral parlor (mortuary) 6243 Crematory 6297 Athletic clubs, body building studios, Spas, aerobic centers, (no gymnasiums) 6300 Business services (office and retail sales only, except 6370, 6380, 6394 and 6397) 6420 Electrical appliance repair and service (no outside storage) 6494 Reupholstering and furniture repair 6496 Locksmiths and key shops 6497 Gunsmiths 6500 Professional Services (except 6515 Behavior, drug and alcohol treatment; office only) 6600 Contract construction services (offices and retail only) 6710 Executive, legislative, and judicial functions 6720 Protective functions and related activities 6730 Postal services 6800 Educational services 6911 Churches, synagogues, temples, and missions 6912 Religious reading rooms 6919 Other religions activities 7100 Cultural activities 7111 Libraries Video Rental Shops Permitted Accessory Uses. Accessory uses and structures are permitted in the CBD zone provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the CBD zone. 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. Conditional Uses. The following uses and structures are permitted in the CBD zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. SIC Code Use 1211 Dormitory or Boarding House (maximum of six (6) persons per unit attached to commercial or other nonresidential use as a mixed-use project as set forth in Section 3.15.160, Rexburg City Code, and with all units above the ground floor) 4392 Heliport (with pads only, no maintenance) 4700 Communications 4814 Electricity regulating substations 4815 Electric utility company office 4818 Small Generation 4819 Other electric utility, NEC 4823 Natural or manufactured gas storage; distribution points 4825 Gas company office 4829 Other gas utilities, NEC 4834 Water storage as part of a utility system (covered including water storage standpipes) 4872 Debris basin (a dam and basin for intercepting debris) 4874 Spreading grounds (area for percolating water into underground) 5313 Surplus stores 5594 Motorcycles, motor scooters, parts, accessories, and supplies 5920 Liquor, package 5930 Antiques and second-hand merchandise (indoor only) (except 5935, 5938, 5939) 5983 Bottled gas 6210 Laundry and Dry Cleaning (includes Self-service Laundries) 6299 Personal services (wedding chapels and receptions centers only) 6340 Dwelling and building services (not dwelling units) 6381 Auction Houses 6394 Equipment rental (only within a building) 6399 Miscellaneous business services 6498 Saw, knife, and tool sharpening 6499 Miscellaneous small item repair 6515 Behavior, drug & alcohol treatment 6722 Police protection and related activities, branch (office only) 6900 Miscellaneous service organizations 7210 Entertainment and assembly including legitimate theater 7212 Motion picture theaters (indoor) 7230 Public assembly 7391 Coin-operated amusements 7392 Miniature golf 7396 Dance halls, ballroom 7397 Billiards and pool halls 7414 Ice skating 7415 Roller skating and skate boarding 7417 Bowling alleys ----- Bed and Breakfast Inns and Vacation Rentals ----- Drop-in Day Care- Daycare business that is less than 50% contractual (traditional) daycare, with the majority of the business to be “drop-in” child care ----- Parking garages- if over ten (10) parking spaces and garage comprises the majority of the overall structure Call Centers (when additional parking is provided) 3.15.030. Lot Area The minimum area of any lot or parcel of land in the CBD zone shall be five thousand (5,000) square feet. Residential dwelling density shall not exceed forty (40) dwelling units per acre. 3.15.040. Lot Width Each lot or parcel of land in the CBD zone shall have an average width of not less than fifty (50) feet. 3.15.050. Lot Frontage Each lot or parcel of land in the CBD zone shall abut on a public street for a minimum distance of fifty (50) feet on a line parallel to the center of said street. 3.15.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the lot requirements of this Chapter. 3.15.070. Area of Zone. No requirement except that the CBD zone shall be expanded contiguously from the CBD zoning established in the center core area of the City. Said expansion shall be accomplished in an orderly manner. 3.15.080. Yard Requirements The following minimum yard requirements shall apply in the CBD zone: Front Yard. The minimum front yard setback shall be zero (0) feet. The maximum front yard setback shall be ten (10) feet. No part of any building shall overhang the public right-of-way and no drainage shall be diverted into said public right-of-way. (See Section 3.15.150 (5), Rexburg City Code for canopy and marquee requirements.) Parking spaces, drive aisles, and all maneuvering areas shall not be located within the first ten (10) feet of a front yard. This area shall be used for landscaping that will adequately screen parking areas from adjacent right-of-way. Side Yard. Except as provided in Sub-sections (4) and (5) of this section, there shall be no side yard requirements. When a building is adjacent to a residential zone or use the building shall match the side yard requirements of the adjacent residential zone or use. Rear Yard. No requirement. When a building is adjacent to a residential zone or use the building shall match the rear yard requirements of the adjacent residential zone or use. 3.15.090. Building Height Buildings within 50 feet of a residential zone shall be limited to 35 feet in height or maximum height of the affected residential zone. However, all other buildings and portions of buildings within the CBD shall not exceed 45-feet in height (except, one additional story or ten 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). 3.15.100. 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. 3.15.110. Permissible Lot Coverage No requirement except as may be dictated by the necessary provision of off-street parking and other applicable requirements. 3.15.120. Parking, Loading, and Access Each Lot or parcel in the CBD zone shall provide automobile parking sufficient to meet the requirements as set forth in Rexburg City Code. 3.15.130. Project Plan Approval All Project plans for projects in the CBC Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.15.140. Other Requirements Signs. All signs erected in the CBD zone shall be mounted flat against the face of a building, marquee, or canopy and shall be in conformance with the sign provisions of Rexburg City Code. All signs shall be approved by the Planning and Zoning Commission prior to the issuance of a sign permit. Uses Within Buildings. All uses established in the CBD zone shall be conducted entirely within a fully-enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and appropriately conducted in the open, and other uses which are allowed by the Planning and Zoning Commission to be conducted in the open through the granting of a conditional use permit. Uses customarily deemed to be conducted in the open may include, but would not be limited to, ice skating, miniature golf, etc. Landscaping. A minimum of ten (10) percent landscaping shall be provided for all parking lots and shall be useable for snow storage. In addition, parking areas shall be adequately screened from adjacent rights-of-way. Canopies and Marquees. Canopies and/or marquees may be extended over public sidewalks in the CBD zone only after a conditional use permit has been granted by the Planning and Zoning Commission for their erection, and after a revocable license has been issued by the Rexburg City Mayor in accordance with the procedures outlined herein. Said marquees or canopies may be supported by columns or stanchions which are attached to the ground within the public right-of-way and do not extend beyond the street curb line. Canopies and marquees erected in the CBD zone must comply with all of the following conditions: A conditional use permit must first be granted by the Planning and Zoning Commission following an application submitted to the Planning and Zoning Commission. Procedure for granting a conditional use permit for this purpose shall be in accordance with Rexburg City Code. A license shall be obtained from the Mayor permitting such construction. Conditions deemed appropriate by said Mayor may be imposed upon the granting of a license. The licensee shall agree to save and hold harmless the City on any and all damage to any property or person arising from the construction and maintenance of such canopies or marquees. Licensee shall assume and pay all costs of installation, maintenance, and removal of said canopy or marquee. 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. Said license may be revoked after ninety (90) days of written notice to the licensee, at which time all improvements must be removed from the public right-of-way at the full expense of said licensee. The City right-of-way shall be restored by the licensee at his own expense to a condition equivalent or better than that existing in the remainder of the block face, and to a condition satisfactory and acceptable to the Mayor. Before a license shall be issued by the Mayor, the design of the canopy or marquee and the materials used in the construction of said canopy or marquee shall first be reviewed by the Planning and Zoning Commission in the process of granting a conditional use permit. The Planning and Zoning Commission shall not grant a conditional use permit for any construction of such canopies or marquees unless the following is fully demonstrated to their satisfaction: The canopy or marquee is harmonious in design and appearance with the building upon which it is being located, and with the general architectural and visual theme of the CBD zone. The canopy or marquee will be constructed of materials contained on the materials list for the CBD zone approved by resolution of the City Council. The canopy or marquee will tend to improve the visual environment of the City, will not be harmful to any existing tree or landscaping element, will increase downtown property values, and will promote the objectives and characteristics of the Central Business District zone as set forth herein. 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. 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. All canopy or marquee installations will be in full conformance with the provisions of the latest edition of the Building Code as adopted by Rexburg City. The provisions of this Section are not intended to any way nullify or repeal any portions of the Building Code provisions. 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. In no event shall any portion of the public right-of-way be used for commercial storage, display, or other private use. The construction of any canopy or marquee under the provisions of this Section shall in no way deprive the public of use of the public right-of-way. Trash Storage. Trash receptacles shall be stored in screened areas that are not visible from streets. Materials and location of the screened areas shall be reviewed and approved by City of Rexburg Staff prior to installation. Materials used for screening should be consistent with the predominant material found in the exterior construction of the building used by the business served, However, as a minimum, a vinyl fence will be allowed. Walls and Fences. No wall, fence, or opaque hedge or screening material higher than three (3) feet 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. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual agreement, the vinyl fence will be required. Transitional Development Standards. Where a nonresidential use or mixed use in the CBD zone borders a residential zone, the standards set forth in Rexburg City Code, shall apply. All residential development projects in the CBD zone shall comply with the standards set forth in the, Rexburg City Code. Sidewalk Cafes. A sidewalk café shall be permitted if the following requirements are met: An applicant submits scaled plans demonstrating that the café will conform to the following development standards: At least six (6) feet of clear, unobstructed sidewalk width will remain available for pedestrian use. A six-foot 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. 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. A five (5) foot 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. 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 (a) above. Awnings associated with the café will be installed in accordance with the Building Code. Umbrellas shall not extend into the required unobstructed sidewalk area required in subsection (a) above. Signs associated with the café will be installed in accordance with Rexburg City Code. Adequate facilities for the storage of trash and tobacco waste products generated by the café will be provided at a convenient location. An agreement between the applicant and the City is executed and recorded that includes the following provisions: No alcohol will be consumed on the sidewalk. 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. 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. 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. 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 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. 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. Will maintain the sidewalk café and surroundings will be maintained in a neat and clean condition at all times. 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. 3.15.150. Residential Standards The following standards shall apply to all residential development in the CBD zone. Said standards shall replace and/or supplement other provisions of this zone as applied to residential land uses. In case of conflicting provisions, the most restrictive shall apply to residential uses. 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 above. Parking shall be calculated for each use individually, based on its own standard. Lot Area Per Dwelling. The minimum lot areas required in this zone are as follows: 8,500 square feet for the first three (3) units, additional units shall not exceed 40 units per acre. Yard Requirements. Front Yard. Each residential lot or parcel in the CBD zone shall have a front yard of at least twenty (20) feet. Side Yards. General. Except as provided in Subsections (3), (4), and (5) of the Rexburg City Code, each residential lot or parcel of land in the CBD zone shall have a side yard of at least ten (10) feet on each side. Buildings exceeding twenty-eight (28) feet shall have side yards of ten (10) feet per side plus an additional one (1) foot of setback for each two feet of building height over twenty (28) feet, to a maximum setback of fifteen (15) feet. Driveway. When used for access to a garage, carport, or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve (12) foot paved driveway for one-way traffic, or a sixteen (16) foot unobstructed paved driveway for two-way traffic. Accessory Building. An accessory building may be located on a side property line subject to compliance with all of the following conditions: The accessory building must be located at least fifteen (15) feet or more to the rear of the front setback line, and is at least twenty (20) feet from the closest part of any main building. The accessory building must have facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. An accessory building which is more than ten (10) feet to the rear of a main building, but which does not conform to all of the above conditions, shall have a side yard of at least five (5) feet. All other accessory buildings shall maintain the same side yard as a main building. Rear Yard. General. The rear yard shall be twenty-five (25) percent of the lot depth, but need not exceed twenty (20) feet. Accessory Building. An accessory building may be located on the rear property line when said building meets all of the following: Provides facilities to retain all roof drainage within the property on which said accessory building is located. An accessory building which is at least ten (10) feet behind the main building but does not meet the above requirements shall be located not less than five (5) feet from the property line. Projections into Yards. The following structures may be erected on or project into any required yard: Fences and walks in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements including trees, shrubs, agricultural crops, and other plants. Necessary appurtenances for utility service. 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. Belt courses, sills, buttresses, or other similar architectural features. Bays, provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty- four (24) inches in height. Building Height. The height of a building or structure, including parking structures, shall be regulated by the requirements of the most recent edition of the Building Code adopted by Rexburg City; except that buildings or portions of buildings within fifty (50) feet of a residential zone shall be limited to thirty-five (35) feet in height or the maximum height of the affected residential zone. However, all other buildings within the CBD shall not exceed forty-five (45) feet in height. Distance Between Buildings. The minimum distance between any accessory building and a main building on a residential lot in the CBD zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the Building Code as adopted by the Rexburg City Council. Parking, Loading, and Access. Each dwelling unit in the CBD zone shall have automobile parking sufficient to comply with the requirements of Rexburg City Code. Required parking for residential uses shall be provided on the subject lot or parcel when possible. 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. Landscaping. A minimum of ten (10) percent of the site shall be landscaped. Mixed-use projects shall provide a minimum of twenty (20) percent landscaping with at least one-half of this space used for active recreation including: playgrounds, picnic areas, sports fields or other areas as approved by the Planning and Zoning Commission. Fencing Standards. The term "fence" shall include 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. Fences six feet or less in height shall not require a building permit. Fences over six feet in height must obtain a building permit from the Building Inspection Division. Any fence, wall, 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. The following standards shall apply in all residential projects in the CBD zone: Front Yard. Solid walls, fences, hedges or screening materials which are sight obscuring may be built to a maximum of three (3) feet in any required front yard perimeter. Side Yard. Solid, sight obscuring fences or walls may be built to a maximum of three (3) feet but may slope upward to connect with a higher rear yard fence. The sloped length may not exceed one section or a maximum of ten (10) feet. Rear Yard. Walls and fences in a rear yard may exceed six (6) feet provided that a building permit is first obtained from the Building Inspection Division prior to construction. Entryways. Entry treatments to private driveways or subdivision development entrances may not exceed six (6) feet at the highest point, except lamps on pillars. Pillars shall be allowed to extend up to eighteen inches above the allowable height of a fence provided that the pillars shall have a minimum spacing of no less than six feet, measured face to face. 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. Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. Privacy Walls. Privacy walls which project into a required front yard will be subject to staff review. Double Frontage Lots. A fence or wall may be erected in the rear yard of a double frontage lot subject to staff review. Exceptions. The provisions of this Section shall not apply to certain other fences such as tennis court backstops or patio enclosures as approved by the Zoning Administrator, if it is determined that such do not create a hazard or violation of other sections of the Rexburg City Code or other City ordinances. All other exceptions must obtain Planning and Zoning Commission approval. 3.15.160. Architectural Design Standards Introduction. Developments in the Central Business District should implement projects with an overall community design in mind and in conformance with the downtown blueprint hereby adopted. The need exists for Design Standards to be in place to ensure developments are coordinated into the overall community presentation and to preserve the integrity of the existing business district and the downtown as the “center” of the community. Background and Justification. The basis for all development within our Community is set forth in the Development Code, Subdivision Regulations, and the Comprehensive Plan. The Development Code for the City of Rexburg states that the purpose of the Ordinance is to promote the general welfare by establishing and regulating zoning districts. The purpose of these standards is to augment the existing criteria contained in the CBD Zone and those contained in the Development Code and Subdivision Ordinance, with more specific interpretations that apply to the design commercial developments in the Central Business District. These standards require a basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of negative impacts. Guiding Downtown principles. The City of Rexburg values the historical sense of place that the downtown has provided for over a hundred years. Recent studies have identified several guiding principles that will guide the continuation of the downtown core over the next hundred years. These principles are as follows: Downtown is a Pedestrian-Priority Area. Downtown is the Civic, social and cultural Center of Rexburg and Madison County. Downtown is highly attractive to visitors. Downtown is the Heart of “America’s Family Community.” Downtown is a Mixed Use Center which includes Retail, Office, Residential, Entertainment, Culture and Educational facilities. Downtown is Highly connected to the City, Region and to BYU-Idaho. Downtown is guided by public-Private Partnerships, Including Agencies. Circulation System Manages “Through” & “To” Traffic Strategically. Downtown Way-finding & Parking Systems are User Friendly. Downtown Hosts a Central Plaza for Community Events & Activities. Downtown is a great Place to Work, Visit, Shop, Learn & Live. Downtown Development Framework. The Development Framework that has been identified and within which the community will pursue a revitalization blueprint is as follows: Define and Focus Development on Target Markets. Emphasize Mixed-Use Development with Ground Floor Retail. Infuse Residential Units Downtown. Build a Sound Parking System for Employees, Customers, Visitors & Residents. Build a Pedestrian & Cycling Pathway Network Linking Key Downtown Nodes. Undertake Infill, Adaptive Re-Use & Historic Preservation. Implement Urban Renewal Program. Install Small Business Amenities & services to Draw this Market. Design the Place of Downtown for America’s Families. Connect to Community & Region with Wayfinding, Gateways, Parking, Amenities & Marketing. Recruit Social Retailers to Reconnect with Major Regional Markets. Emphasize Rexburg’s Rich Heritage in Marketing. 3.15.170. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. HIGHWAY BUSINESS ZONES Community Business Center (CBC) Zone 3.16.010. Purpose and Objectives 3.16.020. Permitted Uses 3.16.025. Single Ownership and Control 3.16.030. Lot Area 3.16.040. Lot Width 3.16.050. Lot Frontage 3.16.060. Prior Created Lots 3.16.070. Area of Zone 3.16.080. Yard Requirements 3.16.090. Projections into Yards 3.16.100. Building Height 3.16.110. Distance Between Buildings 3.16.120. Permissible Lot Coverage 3.16.130. Parking, Loading and Access 3.16.140. Project Plan Approval 3.16.150. Other Requirements 3.16.160. Commercial Lighting Standards 3.16.010. Purpose and Objectives The Community Business Center Zone is established to provide an area in which a general shopping center facility can be established to satisfy the specialty shopping needs of a community or a group of neighborhoods. Each community shopping center will range in area from five (5) to twenty (20) acres, depending upon the area served and the range of specialty shops and services provided. 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. 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. Uses permitted in the CBC zone will be characterized by a junior department store and a supermarket as anchors, and by a wide range of restaurants, specialty shops and hard goods or soft goods stores. 3.16.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the CBC zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four-digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four-digit number in which the last one or two digits are zeros. Uses. All such classes listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the CBC zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the CBC zone: SIC Code Use 2700 Printing, Publishing (Including Newspapers) 3210 & 3220 Flat Glass, Glassware 3252 Farm Equipment----------- 3260 Pottery & Related Products 3510 Laboratory & Research Instruments 3520 Instruments for Measuring 3550 Optical Instruments and Lenses 4121 & 4123 Bus Passenger Terminals 4600 Automobile Parking Lots, Garages 4811 Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4821 Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4841 Sewage pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4844 Sewage pumping stations 4864 Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (Predominantly covered pipes or boxes) 4923 Travel Agencies 5121 Drugs, and Druggist Supplies 5130 Dry Goods and Apparel 5160 Electrical Goods 5170 Hardware, Plumbing, Heating & Supplies 5183 Professional Equipment & Supplies 5210 Lumber Yards and Building Materials 5220 Heating & Plumbing Equipment 5230 Paint, glass, and wallpaper 5240 Electrical supplies 5251 Hardware 5256 Swimming pool supplies 5311 Junior department stores 5312 Discount department stores 5320 Mail and Phone order houses 5330 Variety stores 5390 Retail trade - general merchandise 5399 General Merchandise (Department Variety, etc.) 5400 Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.) 5431 Seasonal Food Sales (Street or Roadside Stands) 5490 Miscellaneous retail food establishments 5510 Motor Vehicles 5520 Automobiles accessories (except tire recapping and vulcanizing) 5600 Apparel and accessories 5700 Furniture, home furnishings, and equipment (no combined warehousing) 5810 Eating places (restaurants) 5910 Drug and proprietary stores 5940 Books, stationary, art, and hobby supplies 5950 Sporting goods, bicycles and toys 5969 Garden supplies (entirely within a building only) 5970 Jewelry 5984 Ice dealer (automated machines or pick-up stations only 5990 Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet stores, and other similar retail stores) 6100 Banks, insurance, and real estate (offices only) 6200 Personal services - including photography, beauty and barber services, clothing repair, etc. (except 6240 and 6299 wedding chapels and reception centers only) 6211-6213, 6215 Laundry Services 6214 Laundry & Dry Cleaning, Self-Service 6220 Photographic Studios 6230 Beauty and Barber Shops 6240 Funeral and Crematory Services 6250 Laundry Pick-up, Shoe Repair, Alteration 6297 Athletic clubs, body building studios, spas, aerobic centers, (no gymnasiums) 6320 Credit and Collection Services 6330 Duplicating, mailing, stenographic and office services 6360 Employment services 6391 Research and Testing Services 6392 Consulting Services 6394 Equipment Rental and Leasing 6397 Auto and Truck Rental Services 6411 Automobile Repair Services 6412 Automobile Wash Services 6491 Electrical Repair Services 6492 Radio and Television Repair 6493 Watch, clock, jewelry repairs, etc. 6496 Reupholstering and Furniture 6497 Gunsmith 6511 Physicians’ offices and services 6512 Dental offices and services 6513 Hospitals 6514 Medical Laboratory Services 6515 Medical Laboratory Services 6520 Legal services 6530 Engineer, architectural and planning services 6590 Miscellaneous professional services 6591 Out-Patient Medical Services 6591 Engineering and Architectural Services 6592 Educational & Scientific Research Services 6593 Accounting and Bookkeeping Services 6611 Building Contractor Offices 6621 Plumbing, Heating, Air Conditioning 6622 Painting, Wall Papering, Decorating 6623 Electrical Services 6624 Masonry, Stonework, and Plastering 6624 Roofing and Sheet-Metal Services 6625 Carpentering, Wood Flooring Installation 6627 Concrete Services 6710 Executive, legislative and judicial functions 6720 Protective functions and related activities 6721 Police protection 6730 Postal services 6811 Nursery School, Daycare Centers 6812 & 6813 Schools 6815 Day Care Centers 6830 Special Training and Schooling 6832 Vocational Schools 6833 Business Schools 6833 Barber and Beauty School 6834 Art and Music Schools 6835 Dancing Schools 6836 Driving Schools 6837 Correspondence Schools 6920 Welfare and Charitable Services 6991 Business Associations 6992 Professional Membership 6993 Labor Organizations 6994 Civil, Social, and Fraternal 7111 Libraries 7112 Museums 7113 Art Galleries 7212 Motion Picture Theatres 7212 Drive-in Movies 7231 & 7214 Auditoriums, Performing Theaters 7311 Fairgrounds 7312 Amusement Parks 7391 Arcades 7392 Miniature Golf 7392 Golf Driving Ranges 7398 Video Rental Shops 7413 Tennis Courts 7414 Ice Skating 7415 Roller Skating 7417 Bowling Skiing and Tobogganing 7423 Athletic Fields 7424 Recreation Centers 7425 Athletic Clubs and Gymnasiums 7432 Swimming Pools Campgrounds and Travel 7491 Vehicle Courts 7616 Parks (Including Playgrounds) 8110 & 8140 Farming, Fibers, Grains, Fruits, Vegetables 8221 Small Animal Veterinarian Services (Totally Enclosed) 8291 Horticulture Services Plant Nurseries Call Centers Permitted Accessory Uses. Accessory uses and structures are permitted in the CBC zone provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such permitted uses and structures include, but are not limited to, the following: Accessory building such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the CBC zone. Storage of materials used for construction of a building, including the contractor’s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the CBC zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. SIC Code Use 1512 Motels and motor hotels 3430 Electrical Machinery, Equipment Supplies 3500 Professional, Scientific, Optical Goods 4100 Railroads, Including Terminals and Yards 4214 Bus Garaging, Equipment Maintenance 4221 Motor Freight Terminals 4222 Motor Freight Garaging and Maintenance 4710 Telephone Exchange Stations, Microwave Towers. 4732 Radio and TV Transmitting Stations and Towers 4750 Radio, Television Broadcasting Station Other Communication Facilities Electric Generation Plants, Utility 4814 Electricity regulating substations 4818 Small generation 4823 Natural or manufactured gas storage; distribution points 4829 Other gas utilities, NEC 4834 Water storage as part of a utility system (covered including water storage standpipes) 4872 Debris basin (A dam and basin for intercepting debris) 4874 Spreading grounds (Area for percolating water into underground) 5121 Farm Products, Grain All Other Wholesale Shopping Centers, Including Malls Other Personal Services Other Business Services 5530 Gasoline service stations 6210 Laundry and Dry Cleaning (includes Self-service Laundries) 6299 Personal services (wedding chapels and reception centers only) 6340 Dwelling and building services (not dwelling units) 6373 Refrigerated Warehousing 6374 Food Lockers 6379 Household Goods Warehousing and Storage 6381 Auction houses 6397 Vehicle rental, with the following limitations: That the vehicle rental be limited to passenger cars only. That the storage of vehicles on site not exceed the parking allocated for the leasable floor space of the business. That there is no on-site servicing of the vehicle fleet, including mechanical wash facilities. 6416 Auto washing, polishing, detailing 6417 Auto washing, self-service 6420 Electrical appliance repair 6494 Furniture repair 6498 Saw, knife, and tool sharpening 6499 Miscellaneous small item repair 6611 Building Contractor Storage Yards 6722 Police protection and related activities, branch (Office only) 6911 Churches, Synagogues, Temples 7212 Motion picture theaters 7221 & 7222 Stadiums, Arenas, and Field Houses 7391 Coin-operated amusement or video centers 7392 Miniature golf 7394 Go-Cart Tracks, Four-Wheeler Tracks 7396 Dance halls - ballrooms 7397 Billiard and pool halls Radio Controlled Airplanes 7414 Ice skating 7415 Roller skating and Skate Boarding 7416 Riding Stables 7417 Bowling alleys Skate Park Kennels 8810 Single-family Dwelling 8051 Nursing Home 3.16.030. Lot Area The minimum area if 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 and recorded Record of Survey, as specified in City Code. Said land shall be in single ownership or single control for integrated development. 3.16.040. 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 and recorded Record of Survey, as specified in Section 3.17.025, Rexburg City Code. 3.16.050. 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 of an approved and recorded Record of Survey, which conforms to provisions as specified in Section 3.17.025, Rexburg City Code. 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. 3.16.060 Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building Permit solely for reason of nonconformance with the above parcel requirements of this Chapter. 3.16.070. Area of Zone Each single CBC (Shopping Center) zone shall contain a minimum of five (5) acres and a maximum of twenty (20) acres. The CBC zone shall not be applied to an existing commercial area which does not meet these area requirements, and shall not be applied to an existing commercial development which has not been designed and constructed as an integrated community shopping center. 3.16.080. Yard Requirements The following minimum yard requirements shall apply in the CBC zone: Front Yard. Each lot or parcel in the CBC zone shall have a front yard of no less than ten (10) feet. Said front yard shall not be used for vehicular parking and shall be appropriately landscaped. Side Yard. Except as provided in Sub-sections (3), (4), and (5) of the Rexburg City 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. There shall be no requirement in those instances where the side property line abuts a commercial or industrial zone. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building is located more than ten (10) feet from any main residential building on an adjacent property. The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. Rear Yard. No requirement. Storage Units. In this zone, all storage units are required to be built internally to a lot. 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. For example, the most desirous buffering would be commercial buildings. 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. The landscaping and use of landscaping must be approved by the Planning and Zoning Commission. 3.16.090. Projections into Yards Permitted Projections. The following structures may be erected on or project into any required yard, except required driveways: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements, including trees, shrubs, turf, and other plant material. Necessary appurtenances for utility services. 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, except that required driveways shall remain unobstructed from the ground up. Belt course, sills, buttresses, or other similar architectural features. Fireplace structures and bays provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. Door stoops, fire escapes, and planter boxes of masonry planters not exceeding twenty four (24) inches in height. 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 is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features. 3.16.100. 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. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height. 3.16.110. Distance Between Buildings As required by the Building Code. 3.16.120. Permissible Lot Coverage Building Coverage. In a CBC zone in which a majority of the perimeter is contiguous to residential zones, all buildings and structures shall not cover an area of more than seventy (70) percent of the lot or parcel of land upon which they are placed. On any CBC zone in which a majority of the perimeter is surrounded by residential zones, all buildings and structures shall not cover an area of land more than fifty (50) percent of the lot or parcel of land upon which they are placed. An additional coverage of up to fifteen (15) percent may be permitted at the discretion of the Planning and Zoning Commission that an increase in coverage will be compensated by increased amenities and improved design. Landscaping. In addition to required landscaping, all unpaved areas shall be landscaped. 3.16.130. Parking, Loading and Access Each lot or parcel in the CBC zone shall have on the same lot or parcel automobile parking sufficient to meet the requirements as set forth in Rexburg City Code. All parking spaces shall be paved with asphalt cement or concrete, and shall be provided with adequate drainage which shall not run across a public sidewalk. 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 10’ wide landscape buffer . Loading spaces shall be provided as required by the Planning and Zoning Commission. 3.17.140. Project Plan Approval All Project plans for projects in the CBC Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.16.150. Other Requirements Signs. All signs erected in the CBC zone shall be in conformance with the sign provision of of this Title, and shall be in general compliance with the typical sign program approved by the Planning and Zoning Commission under the provisions of the Rexburg City Code. Uses Within Buildings. All uses established in the CBC zone shall be conducted entirely within a fully enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, equipment rental, ice skating, miniature golf, etc. Landscaping. A minimum of ten (10) percent of the site shall be landscaped. . Trash Storage. Trash shall be stored in screened areas that are not visible from streets. Materials and location of the screened areas shall be reviewed and approved by City of Rexburg Staff prior to installation. Materials used for screening should be consistent with the predominant material found in the exterior construction of the building used by the business served. However, as a minimum, a vinyl fence will be allowed. Walls and Fences. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in an CBC zone. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating this agreement, the vinyl fence will be required. Transitional Development Standards. Where a lot or parcel borders a residential zone, the standards of the residential zone shall apply with regards to setbacks and building heights within a fifty (50) foot distance of that zone. 3.16.160. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.17 Regional Business Center (RBC) Zone 3.17.010. Purpose and Objectives 3.17.020. Permitted Uses 3.17.025. Single Ownership and Control 3.17.030. Lot Area 3.17.040. Lot Width 3.17.050. Lot Frontage 3.17.060. Prior Created Lots 3.17.070. Area of Zone 3.17.080. Yard Requirements 3.17.090. Projections into Yards 3.17.100. Building Height 3.17.110. Distance Between Buildings 3.17.120. Permissible Lot Coverage 3.17.130. Parking, Loading and Access 3.17.140. Project Plan Approval 3.17.150. Other Requirements 3.17.160. Architectural Design Standards 3.17.170. Commercial Lighting Standards 3.17.010. 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 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. This shopping center zone should have a minimum site area of twenty (20) acres to serve a population of at least twenty thousand (20,000). 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. It is intended that this zone shall be characterized by a variety of stores, shops, and service buildings grouped into an integrated development. Required yards and areas surrounding buildings shall be attractively landscaped and maintained in harmony with the characteristics of the surrounding residential areas. The uses characteristic of this zone will be large chain department stores with satellite shops and facilities serving an extremely wide range of goods and services with an equally large selection of types and styles. The typical uses allowed in the zone will include virtually the whole range of retail and service establishments which can be attractively accommodated within a unified shopping center complex. 3.17.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the RBC zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeros. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the RBC zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the RBC zone: SIC Code Use 1512 Motels and automobile travel courts 1513 Tourist courts 4811 Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4821 Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity. 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4841 Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4844 Sewage pumping stations 4864 Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (Predominantly covered pipes or boxes) 4923 Travel Agencies 5230 Paint, glass and wallpaper 5240 Electrical supplies 5251 Hardware 5255 Building maintenance 5256 Swimming pool supplies 5311 Department stores (includes major and junior chain department stores) 5312 Discount department stores 5320 Mail and Phone order houses 5330 Variety stores 5340 Merchandise vending machine operators 5390 Retail trade - general merchandise 5400 Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy, bakeries, etc.) 5490 Miscellaneous retail food establishment 5511 Motor vehicles, automobiles - new car sales and used car sales which will be permitted only as an accessory use to new car sales 5515 Motor vehicles, trucks and buses - new vehicle sales and used vehicles sales permitted only as an accessory use to new truck and bus sales. 5520 Automobile accessories (except tire recapping and vulcanizing) 5530 Gasoline service stations 5600 Apparel and accessories 5700 Furniture, home furnishings, and equipment (no combined ware-housing) 5810 Eating places (restaurants) 5910 Drug and proprietary stores 5940 Books, stationery, art and hobby supplies 5950 Sporting goods, bicycles, and toys 5969 Garden supplies (entirely within a building only) 5970 Jewelry 5984 Ice dealers (automated machines or pick-up stations only) 5990 Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet stores, and other similar retail stores) 6100 Banks, insurance and real estate (office only) 6200 Personal services - including photography, beauty and barber services, clothing repair, etc. (except 6240 and 6299 wedding chapels and recreation centers only) 6297 Athletic clubs, body building studios, Spas, aerobic centers, (no gymnasiums) 6330 Duplicating, mailing, stenographic and office services 6360 Employment services 6493 Watch, clock, jewelry repair, etc. 6496 Locksmiths and key shops 6497 Gunsmiths 6511 Physicians offices and services 6512 Dental offices and services 6520 Legal services 6530 Engineering, architectural, and planning services 6550 Data processing services 6590 Professional services 6710 Executive, legislative, and judicial functions 6720 Protective functions and related activities 6730 Postal services 6815 Day Care Center 6833 Beauty Schools 6835 Dance studios and schools 7111 Libraries 7398 Video Rental Shops Permitted Accessory Uses. Accessory uses are permitted in the RBC zone provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, equipment storage and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the RBC zone. Storage of materials used for construction of a building, including a 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. Conditional Uses. The following uses and structures are permitted in the RBC zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. SIC Code Use 1511 Hotels 4700 Communications 4814 Electricity regulating substations 4818 Small Generation 4823 Natural or manufactured gas storage; distribution points 4829 Other gas utilities, NEC 4834 Water storage as part of a utility system (covered including water storage standpipes) 4872 Debris basin (A dam and basin for intercepting debris) 4874 Spreading grounds (Area for percolating water into underground) 5313 Surplus store 5594 Motorcycles, motor scooter parts, accessories, supplies 5920 Liquor, package 5931 Antiques (no outside display) 5983 Bottled gas 6210 Laundry and Dry Cleaning (includes Self-service Laundries) 6241 Funeral parlors 6299 Personal services (wedding chapel and reception centers only) 6340 Dwelling and building services (not dwelling units) 6381 Auction houses 6394 Equipment rental (indoor only) 6397 Vehicle rental (passenger auto-mobiles only) 6399 Miscellaneous business services 6416-7 Auto washing and polishing 6420 Electrical appliance repair 6494 Furniture repair 6498 Saw, knife, and tool sharpening 6499 Miscellaneous small item repair 6722 Police Protection and related activities, branch (Office only) 7212 Motion Picture Theaters 7391 Coin-operated amusements or video center 7392 Miniature golf 7396 Dance Halls, Ballroom 7397 Billiard and pool halls 7414 Ice Skating 7415 Roller Skating and Skate Boarding 7417 Bowling alleys 3.18.025. Single Ownership and Control Land within a given RBC zone shall be in single ownership or single control in order to provide for integrated development. The term "single control" shall be construed to allow the recording of a Record of Survey which is in conformance with the "Final Development Plans," the "Final Approval by Mayor," the "Standards and Requirements," and the "Guarantees and Covenants" sections of the Planned Development Chapter of Rexburg City Code). The Record of Survey must be approved and recorded prior to the issuance of any building permits and must be in compliance with all applicable sections of the Rexburg City Code and other Building Codes adopted by Rexburg City. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment of the RBC zone. 3.17.030. 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. Said land shall be in single ownership or single control for integrated development. 3.17.040. Lot Width Each lot or parcel of land in the RBC zone shall have an average width of not less than seven hundred (700) feet; however, narrower lots or parcels may be created as part of an approved and recorded Record of Survey, as specified in Rexburg City Code. 3.17.050. 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 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. 3.17.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter. 3.17.070. Area of Zone Each single RBC (Business Center) zone shall contain a minimum of twenty (20) acres. The RBC zone shall not be applied to an existing commercial area which does not meet these area requirements and shall not be applied to an existing commercial area which has not been designed and constructed as an integrated regional shopping center. 3.17.080. Yard Requirements The following minimum yard requirements shall apply in the RBC zone: Front Yard. Each lot or parcel in the RBC zone shall have a front yard of not less than twenty (20) feet. Said front yard shall not be used for vehicular parking and shall be appropriately landscaped. Side Yard. Except as provided in Subsection (3), (4), and (5) of Rexburg City Code each lot or parcel of land in the RSC zone shall have a side yard of at least ten (10) feet when located adjacent to a residential zone. There shall be no requirements in those instances where the side property line abuts a commercial or industrial zone. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building is located more than ten (10) feet from any main residential building on an adjacent property. The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating. The accessory building has facilities for the discharge of all drainage onto the lot or parcel on which it is erected. Rear Yard. No requirement. 3.17.090. Projections into Yards Permitted Projections. The following structures may be erected on or project into any required yard, except they may not obstruct a required driveway: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements, including trees, shrubs, and other plants. Necessary appurtenances for utility services. 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, except that they may not obstruct a required building. Belt courses, sills, buttresses, or other similar architectural features. Fireplace structures and bays, provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. 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 is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features. 3.17.100. 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. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height. 3.17.110. Distance Between Buildings The minimum distance between any accessory building and a main building on a lot in the RBC zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the Building Code as adopted by the Rexburg City Council. 3.17.120. Permissible Lot Coverage In an RBC zone, all buildings and structures shall not cover an area of more than thirty (30) percent of the lot or parcel of land upon which they are placed. 3.17.130. Parking, Loading, and Access Each lot or parcel in the RBC zone shall have on the same lot or parcel automobile parking sufficient to meet the requirements as set forth in Rexburg City Code. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with adequate drainage which shall not run across a public sidewalk. Parking spaces and drive aisles, except ingress/egress points shall not be provided within a required front adjacent to a public street. Loading spaces shall be provided as required by the Planning and Zoning Commission. 3.17.140. Project Plan Approval All Project plans for projects in the RBC Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.18.150. Other Requirements Signs. All signs erected in the RBC zone shall be in conformance with the sign ordinance and shall be in general compliance with the typical sign program approved by the Planning and Zoning Commission. Large scale developments of at least fifty (50) acres or more having no direct vehicular access to an arterial street shall be entitled to two (2) additional free standing, development entrance signs subject to the following standards: Sign copy shall be limited to the name, logo and address of the development. 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. A sign may be located in a landscaped or concrete median in city-owned right-of-way subject to (i) issuance of an encroachment permit and (ii) resolution of all sight safety issues. Sign size shall be limited to one hundred (100) square feet. Sign height shall be limited to twenty (20) feet. No more than two such signs shall be permitted. Sign area shall be calculated as a part of the overall free standing sign allowances for signs over five (5) feet. For the purpose of this subsection the phrase “no direct vehicular access to an arterial street” shall mean a development project that (i) has no drive entrances directly from an arterial into the development, (ii) has no frontage on an arterial road, or (iii) must be accessed from a secondary road. Uses Within Buildings. All uses established in the RBC zone shall be conducted entirely within a fully-enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, ice skating, miniature golf, etc. Landscaping. A minimum of ten (10) percent of the site shall be landscaped. In addition, all unpaved areas shall be landscaped. Trash Storage. Trash shall be stored in screened areas that are not visible from streets. Materials and location of the screened areas shall be reviewed and approved by City of Rexburg Staff prior to installation. Walls and Fences. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in an RSC zone. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual agreement, the vinyl fence will be required. Transitional Development Standards. Where a lot or parcel borders a residential zone, the standards of the residential zone shall apply with regards to setbacks and building heights within a fifty (50) foot distance of that zone. 3.17.160 Architectural Design Standards Architectural design requirements are found in Chapter 4.13 Supplementary Regulations under Commercial Design Standards. 3.17.170. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.18 Light Industrial District (LI) 3.18.010. Purpose and Objectives 3.18.020. Permitted Uses 3.18.030. Lot Area 3.18.040. Lot Width 3.18.050. Lot Frontage 3.18.060. Prior Created Lots 3.18.070. Area of Zone 3.18.080. Yard Requirements 3.18.090. Projections into Yards 3.18.100. Building Height 3.18.110. Distance Between Buildings 3.18.120. Permissible Lot Coverage 3.18.130. Parking, Loading, and Access 3.18.140. Project Plan Approval 3.18.150. Other Requirements 3.18.160. Commercial Lighting Standards 3.18.010. Purpose and Objectives The LI District is established to recognize the need for industrial sites which are generally major and extensive operations, require large level sites with open storage and service areas, and utilize regional transportation such as railway and state highways. Warehousing, Light Industrial, supply yards, and construction yards are compatible with this district. The LI District is established to provide areas in the City where Light Industrial firms can engage in processing, assembling, manufacturing, warehousing, and storage; and for incidental service facilities and public facilities to serve the manufacturing area. The zone is intended to encourage sound development by providing and protecting an environment for such development, subject to regulations necessary to assure the orderly growth of the City of Rexburg, and the protection of residential and commercial land uses from noise and other disturbances. This zone is to be characterized by flat, open land suited for industrial uses because of the proximity to major transportation routes and the availability of utilities necessary for successful manufacturing or processes. 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. Representative of the uses within the zone are Light Industrial, fabrication, processing, storage warehousing, and wholesale distribution. Uses which generate excessive noise, vibration, smoke, odor, dust, fumes, or danger of explosion have been excluded from this zone. The basic objectives of the LI zone are: (1) To provide space for Light Industrial and processing uses within the City in appropriate locations and to discourage uses from locating within this zone which will tend to deteriorate light manufacturing environment, and thwart the use of land for light industrial purposes. (2) To broaden the tax base and improve the economic base of the community. (3) To promote new industry to the end that the economic and social well-being of the City and its inhabitants shall be enhanced. (4) To discourage the undesirable mixture of incompatible commercial, industrial, and residential uses. 3.18.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others are permitted in the LI zone. Numbered Listings. All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four (4) digit number in which the last one or two digits are zeros. Uses. All such classes listed herein and all specified uses contained within them in the Standard Land Use Code will be permitted in the LI zone subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the LI zone: SIC Code Use 2150 Bakery products 2170 Confectionery and related products 2185 Bottling and canning soft drinks and carbonated waters 2200 Textile mill products (except 2296) 2300 Apparel and other finished products made from fabrics, leather, etc. (except 2361) 2500 Furniture and fixtures 2640 Converted paper and paperboard products (except containers and boxes) 2700 Printing, publishing, and allied industries 2844 Perfumes, cosmetics, and other toilet preparations 2893 Printing ink 3120 Rubber footwear 3210 Flat glass 3220 Glass and glassware (pressed or blown) 3250 Pottery and related products 3270 Cut stone and stone products 3427 Office machines (small) 3430 Miscellaneous machinery 3492 Cutlery, hand tools, and general hardware 3500 Professional, scientific, and controlling instruments; photo-graphic and optical goods; watches and clocks (except film manufacturing) 3900 Miscellaneous manufacturing (except 3993 and 3995) 4100 Railroads, rapid-rail transit, and street railway transportation (except 4116 and 4123) 4600 Automobile parking 4700 Communications (except 4712, 4722, 4732, 4742, and 4752) 4811 Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4821 Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity. 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4837 Water utilities or irrigation company office 4841 Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4844 Sewage pumping stations 4846 Sewage company office 4853 Refuse disposal company office 4862 Gas and electric utility company office 4863 Water and electric utility company office 4864 Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (Predominantly covered pipes or boxes) 4900 Miscellaneous transportation, communication, and utilities 5100 Wholesale trade (except 5150, 5182, 5191, 5192, 5193, and 5199) 5200 Building materials, hardware, farm equipment, and supplies 5513 Farm and construction vehicles 5591 Marine craft and accessories 5592 Aircraft and accessories 5593 New and used house trailers and campers 6297 Athletic clubs, body building studios, spas, aerobic centers, (no gymnasiums) 6310 Advertising services 6330 Duplicating, mailing, stenographic, and office services 6340 Dwelling and other building services 6370 Warehousing or storage services 6390 Business services (except 6396 and 6399) 6400 Repair services 6420 Electrical appliance repair 6600 Contract construction services (not open construction storage yards) 6714 Operations centers (not open storage yards) 6800 Educational services 7415 Roller Skating and Skate Boarding 8100 Agriculture (except 8140, 8150, and 8160) 8221 Veterinarian services 8222 Animal hospital services (except large animals) 8290 Other agricultural-related activities Permitted Accessory Uses. Accessory uses and structures are permitted in the LI zone provided they are incidental to, and do not substantially alter, the character of the principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the LI zone. Storage of materials used for construction of buildings, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter. Caretaker dwellings provided that such dwellings comply with the supplementary development standards for caretaker dwellings set forth in the Rexburg City Code. Conditional Uses. The following uses and structures are permitted in the LI zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. SIC Code Use 2113 Poultry and small game dressing and packing 2120 Dairy products 2132 Canning - specialty foods 2133 Canning - fruits, vegetables, preserves, jams, etc. 2137 Frozen fruits, fruit juices, vegetables, etc. 2811 Industrial inorganic chemicals (includes air separation facilities) 2821 Plastic materials, synthetic resins, and non-vulcanizable elastomers 2830 Drugs 3140 Miscellaneous plastic products 3190 Miscellaneous fabricated rubber products 3360 Nonferrous foundries (small item casting only) 3424 Metal working machinery and equipment (tool and dye shops, machine shops, etc.) 3498 Fabricated wire products 4200 Motor vehicle transportation 4392 Heliport (pad only without maintenance facilities) 4715 Low power radio communication towers and antennas 4814 Electricity regulating substations 4815 Electric utility company office 4818 Small generation 4819 Other electric utility, NEC 4823 Natural or manufactured gas storage; distribution points 4825 Gas company office 4829 Other gas utilities, NEC 4832 Water treatment plants (purification) 4834 Water storage as part of a utility system (covered including water storage standpipes) 4839 Other water utilities or irrigation, NEC 4845 Water reclamation plants, sludge drying beds etc. 4849 Other sewage disposal, NEC 4855 Refuse disposals 4861 Combination utilities company storage yards and equipment storage 4869 Combination utilities, NEC 4872 Debris basin (a dam and basin for intercepting debris) 4874 Spreading grounds (area for percolating water into underground) 4890 Other utilities, NEC 5199 Miscellaneous wholesale trade 5511 New and used car sales 5512 Motor vehicles, automobiles (used only)/retail trade 5530 Gasoline service stations 5711 Furniture, home furnishings, and equipment (only in conjunction with an attached warehousing operation) 5713 Draperies, curtains, and upholstery 5811 Restaurants 6214 Industrial laundry services 6399 Miscellaneous business services 6520 Legal services 6591 Accounting, auditing, book-keeping services 6722 Police protection and related activities, branch (office only) 6815 Day nursery or child care center 7396 Dance halls 8160 Pasture and range land 3.18.030. Lot Area The minimum area of any lot or parcel of land in the LI zone shall be ½ acre. 3.18.040. Lot Width Each lot or parcel of land in the LI zone shall have an average width of not less than fifty (50) feet. 3.18.050. Lot Frontage Each lot or parcel of land in the LI zone 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. 3.18.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone, shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.18.070. Area of Zone No requirements except that an orderly development pattern following good planning principals shall be used. 3.18.080. Yard Requirements The following minimum yard requirements shall apply in the LI zone: Front Yard. Each lot or parcel in the LI zone shall have a front yard of not less than ten (10) feet, unless used for parking, in which case it shall be not less than thirty (30) feet, of which the first (10) feet shall be landscaped. Side Yard. No requirement, except as provided in Subsections (3), (4), and (5) of this section, and except where adjoining a residential zone, school, or park, in which case a side yard of not less than twenty (20) feet shall be required. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. The accessory building, if adjacent to a residential use or zone, shall not exceed ten (10) feet in height, nor one hundred twenty (120) square feet. Larger accessory buildings shall meet the standard side yard setback for principle buildings in the LI zone. Rear Yard. No requirement, except as provided in Subsections (3), (4), and (5) of this section, and except where adjoining a residential zone, school, or park, in which case a rear yard of not less than twenty (20) feet shall be required. Rear Yard. Accessory Building. An accessory building may be located on a rear property line if, and only if, the following conditions are met: The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. The accessory building, if adjacent to a residential use or zone, shall not exceed ten (10) feet in height, nor one hundred twenty (120) square feet. Larger accessory buildings shall meet the standard rear yard setback for principle buildings in the LI zone. 3.18.090. Projections into Yards Permitted Projections. The following structures may be erected on or projected into the required front yard: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances, which includes height limitations. Landscape elements, including trees, shrubs, turf, and other ornamental landscaping materials. Necessary appurtenances for utility service. Permitted Projections with Conditions. The structures listed below may project into a minimum front yard not more than four (4) feet, into a minimum side yard not more than two (2) feet, except that required driveways shall remain unobstructed from the ground up. Belt courses, sills, buttresses, or other similar architectural features. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. 3.18.100. 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 55-feet in height 3.18.110. Distance Between Buildings No requirement except as may be dictated by the latest edition of the Rexburg Building Code as adopted by Rexburg City. 3.18.120. Permissible Lot Coverage No requirement, except as may be dictated by off-street parking requirements and landscaping. 3.18.130. Parking, Loading, and Access. Each lot or parcel of land in the LI zone shall have on the same lot or parcel automobile parking sufficient to meet the requirements as set forth in the Rexburg Building City Code. Except as provided in Section, Rexburg City Code, all parking spaces shall be paved with asphaltic cement or concrete and shall be provided with paved access from a public street. Said spaces shall be provided with adequate drainage which shall not run across a public sidewalk. Loading spaces shall be provided as required by the Planning and Zoning Commission, using as a guide a standard of one (1) such space per ten thousand (10,000)square feet of gross floor area. 3.18.140. Project Plan Approval All Project plans for projects in the LI Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.18.150. Other Requirements Signs. All signs erected in the LI zone shall be in conformance with the sign provisions of This Title, and or/ The Sign Code of The City of Rexburg, ID 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. 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. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within twenty (20) feet of any public or private right-of-way, sidewalks, or internal pedestrian way. Walls and Fences. No wall, fence, or opaque hedge or screening material shall be placed or erected within an area which would restrict the sight distance for vehicular traffic in the public right-of-way. The clear-vision area as defined in the Rexburg City Codes shall be maintained for clear visibility as required by the Section. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual agreement, the vinyl fence will be required. 3.18.160. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.19 Heavy Industrial District (HI) 3.19.010. Purpose and Objectives 3.19.020. Permitted Uses 3.19.030. Lot Area 3.19.040. Lot Width 3.19.050. Lot Frontage 3.19.060. Prior Created Lots 3.19.070. Area of Zone 3.19.080. Yard Requirements 3.19.090. Projections into Yards 3.19.100. Building Height 3.19.110. Distance Between Buildings 3.19.120. Permissible Lot Coverage 3.19.130. Parking, Loading, and Access 3.19.140. Project Plan Approval 3.19.150. Other Requirements 3.19.160. Commercial Lighting Standards 3.19.010. Purpose and Objectives The HI District is established to provide areas in the community where heavy industrial, manufacturing, and extractive uses may be located in an environment which protects them from the encroachment of commercial and residential uses, and which reduces the effect of undesirable characteristics such as odor, dust, and noise upon surrounding residential or commercial areas. The 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. The HI (Heavy Industrial) zone should be located in areas which are readily accessible to railroads and major highway routes. Truck traffic generated by the HI zone shall not be required to ingress and egress from industrial areas through a residential area or commercial district. 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. The Heavy Industrial District is established to recognize the need for industrial sites which are generally major and extensive operations, require large level sites with open storage and service areas, and utilize regional transportation such as railway and state highways. Warehousing, manufacturing, supply yards, and construction yards are compatible with this district. Zone accommodates heavy industrial uses which may produce some glare, dust, smoke, noise and odor through a conditional use permit (CUP) to assure that land use conflicts are minimized. The HI (Heavy Industrial) zone will be characterized by the location of open and enclosed manufacturing, processing, and assembly uses which may potentially create hazards, nuisances, or disturbances. 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. 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. 3.19.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the HI zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four-digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four-digit number in which the last one or two digits are zeros. Uses. All such classifications listed herein, and all specific uses contained within them in the Standard Land Use Code will be permitted in the HI zone subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the HI zone: SIC Code Use 2100 Food and kindred products (except 2111 and 2194) 2296 Tire cord and fabric 2361 Leather tanning and finishing 2400 Lumber and wood products 2600 Paper and allied products (except 2610 pulp) 2740 Commercial Printing 2800 Chemicals and allied products (except 2892 and 2899) 3360 Nonferrous foundries 3392 Nonferrous forgings 3400 Fabricated metal products (except 3410 ordinate and accessories) 3560 Film manufacturing 3993 Matches 3995 Morticians' goods 3999 Other miscellaneous manufacturing as determined by the Planning and Zoning Commission 4100 Railroad, rapid-rail transit, etc. 4200 Motor vehicle transportation 4600 Automobile parking 4700 Communications (except 4715) 4800 Utilities (except 4812, 4813, and 4822) 4811 Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4821 Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity. 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4837 Water utilities or irrigation company office 4841 Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4844 Sewage pumping stations 4846 Sewage company office 4862 Gas and electric utility company office 4863 Water and electric utility company office 4864 Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (Predominantly covered pipes or boxes) 4900 Miscellaneous transportation, communications, and utilities 5150 Farm products (raw materials) 5182 Farm machinery and equipment 5191 Metals and minerals (except petroleum products and scrap) 5192 Petroleum bulk stations and terminals 5198 Lumber and construction materials 5199 Miscellaneous wholesale trade as determined appropriate by the Planning and Zoning Commission 5211 Lumber yards 5212 Building materials (except lumber) 5220 Heating and plumbing equipment 5252 Farm equipment 5254 Janitorial supplies 5255 Building maintenance materials 5513 Farm and construction vehicles 5961 Hay, grains, and feed 5969 Other farm and garden supplies as deemed appropriate by the Planning and Zoning Commission 6214 Industrial laundry services 6297 Athletic clubs, body building studios, spas, aerobic centers (no gymnasiums) 6370 Warehousing or Storage Services 6382 Auction yard 6400 Repair Services 6600 Contract construction services 6714 Operation centers 6750 Military facilities 6800 Educational services 8140 Livestock 8150 Animal specialties 8210 Agricultural processing 8220 Animal husbandry services Permitted Accessory Uses. Accessory uses and structures are permitted in the HI zone provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the HI zone. Storage of materials used for construction of buildings, 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. Caretaker dwellings, provided that such dwellings comply with the supplementary development standards for caretaker dwellings. Conditional Uses. The following uses and structures are permitted in the HI zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. SIC Code Use 2111 Meat packing 2194 Animal and marine fats and oils 2610 Pulp 2892 Explosives 2899 Fireworks only 2920 Paving and roofing materials 3130 Reclaimed rubber 3240 Structural clay products 3260 Concrete, gypsum, and plaster products 3286 Non-clay Refractories 3310 Blast furnaces, steel works, etc. 3320 Iron and steel foundries 3330 Primary smelting and refining of nonferrous metals 3340 Secondary smelting and refining of nonferrous metals 3350 Rolling, drawing, and extruding of nonferrous metals 3410 Ordinate and accessories 4390 Heliport landing/take-off pads, with maintenance facilities 4715 Low Power Radio Communication Towers and Antennas 4812 Electric generation plants-conventional fuel including hydro-electric, solar, etc.) 4813 Electric generation plants - nuclear energy 4823 Natural or manufactured gas storage; distribution points 5193 Scrap and waste materials 5199 Fire arms - ammunition only 5530 Gasoline service stations 5810 Eating places 5935 Second-hand auto parts (includes dismantling of automobiles for purposes of selling parts) 5938 Junk dealers and salvage operations 6394 Equipment rentals and leasing services 6397 Truck and trailer rentals without drivers 6411 Truck repair 6722 Police Protection and related activities, branch (Office only) 6815 Day nurseries and child care centers 7396 Dance Halls 8140 Livestock 8601 Recycle Center 3.19.030. Lot Area The minimum area of any lot or parcel of land in the HI zone shall be one acre. 3.19.040. 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. 3.19.050. Lot Frontage Each lot or parcel of land in the HI zone shall abut on a public street for a minimum distance of fifty (50) feet. 3.19.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone, shall not be denied a building permit solely for reasons of nonconformance with the lot requirements of this Chapter. 3.19.070. Area of Zone No requirements provided that the extension of said HI zone is orderly and the purposes and objectives of the zone have been met. 3.19.080. Yard Requirements The following minimum yard requirements shall apply in the HI zone: Front Yard. Each lot or parcel of land in the HI zone shall have a front yard of at least ten (10) feet, unless used for parking, in which case it shall be not less than twenty-five (25) feet, of which the first ten (10) feet shall be landscaped. Side Yard. Except as provided in Subsections (3) and (4) of this section, there shall be no side yard requirement unless imposed by the Planning and Zoning Commission to protect adjacent properties against the undesirable characteristics of a particular use; or as required by the latest provisions of the Rexburg Building Code. Side Yard. Accessory Building. An accessory building may be located on a side property line only if all of the following conditions are met and is acceptable to the Planning and Zoning Commission: The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. The accessory building, if adjacent to a residential use or zone, shall not exceed ten (10) feet in height, nor one hundred twenty (120) square feet. Larger accessory buildings shall meet the standard side yard setback for principle buildings in the HI zone, or as required by the Planning and Zoning Commission. Proposal complies with the most recent edition of the Rexburg Building Code. Rear Yard. No requirement, except in those instances where the rear property line abuts on a residential or commercial zone in which case 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. Rear Yard. Accessory Buildings. Same as Side Yard accessory setbacks. 3.19.090. Projections into Yards Permitted Projections. The following structures may be erected on or project into any required yard, except that they shall not obstruct a required driveway: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements including trees, shrubs, and other plants. Necessary appurtenances for utility service. Permitted Projections with Conditions. The structures listed below may project into a minimum front yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet, except that required driveways must remain unobstructed from the ground upward. Belt courses, sills, buttresses, or other similar architectural features. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. 3.19.100. 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 55-feet in height. 3.19.110. Distance Between Buildings No requirement except as may be imposed by the most recent edition of the Building Code as adopted by Rexburg City. 3.19.120. Permissible Lot Coverage No requirements, except as may be imposed by off-street parking requirements and by the Planning and Zoning Commission to reduce the undesirable effects of a particular use upon adjacent properties. 3.19.130. Parking, Loading, and Access Each lot or parcel in the HI District shall have on the same lot or parcel, automobile parking sufficient to meet the requirements as set forth in the Rexburg City Codes. Except as provided in the, Rexburg City Codes, all parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with a paved access from a public street. Loading spaces shall be provided as required by the Planning and Zoning Commission, using as a guide a standard of one (1) space per ten thousand (10,000) square feet of floor area. 3.19.140. Project Plan Approval All Project plans for projects in the HI District must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.19.150. Other Requirements Signs. All signs erected in the HI zone shall be in conformance with the sign provisions of Rexburg City Code. Uses Within Buildings. No requirement, except as may be imposed by the Planning and Zoning Commission in conjunction with the issuance of a conditional use permit. Trash Storage. Trash shall be stored in screened areas that are not visible from streets. Materials and location of the screened areas shall be reviewed and approved by City of Rexburg Staff prior to installation. Walls and Fences. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a front yard in the HI District. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be modified to allow other suitable materials. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual agreement, the vinyl fence will be required. Transitional Development Standards. Transitional development standards shall be the same as those in the Light Industrial (LI) zone. 3.19.160. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. OTHER ZONES 3.20 Sexually-Oriented Business Overlay (SOB) 3.20.010. Purpose 3.20.020. Definitions 3.20.030. Zoning and Location Requirements 3.20.040. Development Standards 3.20.010. 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. 3.20.020. Definitions Terms involving sexually-oriented businesses shall have the meaning set forth in Chapter 2 of this Ordinance. 3.20.030. Zoning and Location Requirements 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. Requirements. No sexually-oriented business shall operate within 1000 feet of any of the following: A residential zone boundary line as shown on the Rexburg City Zoning Map. The property boundary of any church, public park, public library, or school (as set forth in classification numbers 6811, 6812, 6813, and 6814 of the duly adopted Standard Land Use Code). The boundary of any property for which a sexually oriented business license earlier has been issued and has not expired. No church, public park, public library, or school (as set forth in classification numbers 6811, 6812, 6813, and 6814 of the duly adopted Standard Land Use Code) shall be established closer than 1000 feet from any sexually-oriented business. For the purpose of this Section, the distance from any church, public park, public library, or school (as set forth in classification numbers 6811, 6812, 6813, and 6814 of the duly adopted Standard Land Use Code) shall be measured in a straight line from the nearest point of the line of any property on which a sexually-oriented business is operating, or is proposed to operate, to the nearest residential zone boundary line or property boundary line of any church, public park, public library, or school, as the case may be. 3.20.040. Development Standards Standards. Each sexually-oriented business shall be subject to all development standards of the underlying commercial zone in which it is located, including, but not limited to, setbacks, building height, projections, design standards, etc. Off-street parking shall be provided as required for the land use classification listed in this Ordinance, Off-Street Parking Standards, to which the sexually-oriented business is most closely related. Signs for each sexually-oriented business shall be limited to the following: All signs shall be flat wall signs. The maximum area of all signs shall not exceed one square foot of sign area per foot of building frontage on a public street. Banner signs or similar are not permitted. Electronic reader board signs or similar are not permitted. Flashing lights and any lights that together create motion of any kind are not permitted. 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 of any kind to the establishment shall not be left on the exterior of the building at any time. Any merchandise whether exposed of packaged shall not be stored permanently or temporarily on the exterior of the building. Professional Office Zone (PO) The Professional Office Zone is established to create a buffering effect between residential uses and traffic associated with arterial and collector streets; and to promote non retail professional and service uses that are compatible with adjacent residential uses. 3.21.010. Purpose and Objectives 3.21.020. Permitted Uses 3.21.025. Single Ownership or Control 3.21.030. Lot Area 3.21.040. Lot Width 3.21.050. Lot Frontage 3.21.060. Prior Created Lots 3.21.070. Area of Zone 3.21.075 Professional Offices on Less Than One Acre 3.21.080. Yard Requirements 3.21.100. Building Height 3.21.110. Distance Between Buildings 3.21.120. Permissible Lot Coverage 3.21.130. Parking, Loading and Access 3.21.140. Project Plan Approval 3.21.150. Reversion of Zoning 3.21.160. Other Requirements 3.21.170. Architectural Design Standards 3.21.180. Commercial Lighting Standards 3.21.010 Purpose and Objectives The PO zone is established to provide locations beyond the central area of the City, primarily along arterial or major collector streets which will accommodate offices or laboratories for professional persons and other related uses. This zone should not be established in a "strip" zoning manner along major streets but should be concentrated to provide easy accessibility to the public. The zone is intended to provide availability of professional services conveniently to all neighborhoods in the community. Uses permitted in the PO zone would typically include offices for doctors, dentists, accountants, and other similar professions, medical and dental laboratories, and pharmacies. 3.21.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the PO zone. Numbered Listings. All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four-digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four-digit number in which the last one or two digits are zeros. Uses. All such categories listed herein, and all specific uses contained within them in the Standard Land Use Code, will be permitted in the PO zone subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the PO zone: SIC Code Use 4811 Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4821 Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity. 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4841 Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4844 Sewage pumping stations 4864 Combination utilities right-of-way (Identifies areas / where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (Predominantly covered pipes or boxes) 4923 Travel Agencies 5912 Prescription pharmacy (intended for the convenience of permitted establishments and/or clients thereof, provided that no business occupies more than fifteen (15) percent of the total floor area of the building in which it is located and has no separate entrance) 6100 Financial, Insurance and Real Estate Services 6311 Advertising services (office only) 6320 Consumer credit services 6330 Duplicating, stenographic, and office services 6340 Dwelling, janitorial, and other building services (office only) 6350 News syndicate services (office only) 6360 Employment services 6390 Miscellaneous business services (office only) 6500 Professional Services (except 6513, 6515 Behavior, drug and alcohol treatment; office only, no lodging or bed facilities, 6516) 6710 Executive, legislative, and judicial offices 6900 Miscellaneous service organizations (office only) 7112 Museums 7398 Video Rental Shops Permitted Accessory Uses. Accessory uses and structures are permitted in the PO zone provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, supply storage buildings, and similar structures which are customarily used in conjunction with, and are incidental to, principal uses and structures allowed in the PO zone. Storage of materials used for the construction of a building including a temporary contractor's office and/or tool shed, provided that such uses are on the building site or immediately adjacent thereto and provided that such use shall be for only the period of construction and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the PO zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. SIC Code Use 4700 Communications (Subject to Section Rexburg City Code) 4814 Electricity regulating substations 4818 Small generation 4829 Other gas utilities, NEC 4834 Water storage as part of a utility system (covered including water storage standpipes) 4872 Debris basin (A dam and basin for intercepting debris) 4874 Spreading grounds (Area for percolating water into underground) 5320 Mail and phone order houses (Only on in historic buildings arterial streets) 5391 Dry goods and general merchandise (yarn, linen, crafts, fabric, etc.) (Only in historic buildings on arterial streets) 5441 Candy, nut, and confectionery (only in historic buildings) 5600 Apparel and accessories (Only in historic buildings on arterial streets) 5811 Restaurants, subject to the following conditions: that the restaurant be architecturally compatible with surrounding buildings. That there be no short order/fast food or drive-in restaurants. That signs, landscaping, number of employees, and distance from existing commercial zones, and related matters, shall be factors considered in the review and approval of a conditional use permit. 5900 Miscellaneous retail trade (except 5912, 5920, 5930, and 5980; only in historic buildings as defined in this Title) 5932 Second hand clothing, shoes, furniture and books (does not include 5933, flea markets, or 5936, thrift stores) (Only on arterial streets) 6220 Photography studio (Only in historic buildings on arterial streets) 6230 Beauty and barber shop (Only in historic buildings on arterial streets) 6241 Mortuary (Only in historic buildings on arterial streets) 6299 Wedding chapels and reception centers 6513 Hospitals 6515 Behavior, drug & alcohol treatment 6516 Sanitariums, convalescent and rest home services 6722 Police protection and related activities, branch (Office only) 8221 Veterinarian services, subject to the following conditions: experimental or scientific research activities are prohibited. No on-site disposal of dead animals. The facility shall be located completely within an air-conditioned and soundproofed building. Animal noise shall not be audible at the nearest property line. Overnight boarding shall be limited to animals receiving treatment on the premises. Services shall be limited to small animals only. No services shall be permitted for poisonous or dangerous animals. 3.21.025. Single Ownership or Control Ownership or Control. Land within a given PO zone, for which a preliminary project plan has been approved, shall be in single ownership or single control in order to provide for integrated development. The term "single control" shall be construed to allow the recording of a Record of Survey which is in conformance with the "Final Development Plans," the "Final Approval by Mayor," the "Standards and Requirements," and the "Guarantees and Covenants" sections of the Planned Development Chapter of this Title. The Record of Survey must be approved and recorded prior to the issuance of any building permits and must be in compliance with all applicable portions of the Code and other Building Codes adopted by the City. Rezoning. Upon Rezoning and the granting of Preliminary Project Plan Approval a notice must be recorded with the County Recorders Office, on all properties within the zoned area, indicating the zoning, the requirement for single ownership or single control of the development, the existence of Covenants, Conditions, and Restrictions on the development, and the requirements for common management through the developments association to guarantee perpetual integration and maintenance. Developments. Developments within the PO Zone must provide for common management throughout the development by establishing an association and providing management provisions within the required Covenants, Conditions, and Restrictions. The Association management will enforce the covenants, and provide perpetual maintenance of the development. Failure to maintain single ownership or control. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone or zones existing prior to the establishment of the PO zone. 3.21.030. Lot Area The minimum area of any lot or parcel of land in the PO zone shall be one (1) acre; provided, however, that smaller lots or parcels may be created: (a) pursuant to the provisions of City Code, or (b) as part of an approved and recorded Record of Survey, as specified in City Code. The area of land within such Record of Survey shall be at least one (1) acre. 3.21.040. Lot Width Each lot or parcel of land in the PO zone shall have an average width of not less than two hundred (200) feet; however, narrower lots or parcels may be created as part of an approved and recorded Record of Survey. 3.21.050. Lot Frontage Each lot or parcel of land in the PO zone shall abut a public street for a minimum distance of two hundred (200) feet, on a line parallel to the centerline of a street or along the circumference of a cul-de-sac improved to City standards; 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, as specified in City Code. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.21.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.21.070. Area of Zone Except as provided in Section 3.22.075, Rexburg City Code, each single PO zone shall contain a minimum of one (1) acre, and a maximum of twenty (20) acres. The PO zone shall not be applied to an existing area which does not meet these area requirements, and shall not be applied to an existing office development which has not been designated and constructed as an integrated professional office complex. 3.21.075. Professional Offices on Less Than One Acre Permitted Professional Offices with Conditions. In order to further neighborhood objectives set forth in the General Plan, professional offices located on a lot or parcel of land which is less than one (1) acre may be allowed so long as: The proposed use is located on a lot that: Is at least one-half (½) acre in area. Has frontage on a collector or arterial street for a distance of at least one hundred (100) feet. Has an average lot width of at least one hundred (100) feet. The Planning and Zoning Commission finds that potentially adverse land use impacts of the proposed use upon the neighborhood resulting from the circumstances set forth in subsection (2) of this section will be mitigated and the safety and well being of the area will be maintained. Land Use Impacts. Land use impacts to be evaluated in applying subsection (1) of this section shall include the following: A substantial increase in daily or peak hour traffic. A change in circulation patterns on or around the property. A significant increase in parking demand. A change in the density of people on the site. Hours of operation of the proposed uses. Any increased environmental impact, such as noise or air pollution; offensive odors; excessive illumination or glare, etc. Lots One Acre or More. This section shall not apply to any lot in a PO zone which is one (1) acre or more. Notwithstanding the provisions of this section, no such lot shall be subdivided into a size which is less than one (1) acre. 3.21.080. Yard Requirements The following minimum yard requirements shall apply in the PO zone: Front Yard. Each lot or parcel in the PO zone shall have a front yard of not less than ten (10) feet. Said front yard shall not be used for vehicular parking spaces or drive aisles and shall be appropriately landscaped. Side Yard. Except as provided in Subsections (3), (4), and (5) of the Rexburg City Code, each lot or parcel of land in the PO zone shall have a side yard of at least ten (10) feet when located adjacent to a residential zone. There shall be no requirements in those instances where the side property line abuts a commercial or industrial zone. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building is located more than ten (10) feet from any main residential building on an adjacent property. The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. Accessory buildings are less than 120-square feet and under 10-feet in height. Rear Yard. Same as adjacent zone. If adjacent zone is Professional Office, than no setback is required. 3.21.090. Projections Into Yards Permitted Projections. The following structures may be erected on or projected into any required yard: Fences and walls in conformance with the City Code and other City codes and ordinances. Landscape elements including trees, shrubs, and other plants. Necessary appurtenances for utility service. 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, except that a required driveway shall remain unobstructed from the ground up. Belt courses, sills, buttresses, or similar architectural features. Fireplace structures and bays provided that they are not wider than eight (8) feet measured generally parallel to the wall of which they are a part. Ramps, door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. Carport and loading docks in a side yard or rear yard, provided that such 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. 3.21.100. Building Height Permitted Building Height. No lot or parcel of land in the PO zone shall have a building or structure which exceeds thirty-five (35) feet in height. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height. Two Story Buildings. Buildings with a height greater than two (2) stories may be allowed with the issuance of a Conditional Use Permit by the Planning and Zoning Commission.. 3.21.110. Distance Between Buildings The minimum distance between any accessory building and a main building on a lot in the PO zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the Building Code as adopted by the Council. 3.21.120. Permissible Lot Coverage Building Coverage. In a PO zone, all buildings and structures shall not cover an area of more than eighty (80) percent of the lot or parcel of land upon which they are placed. Parking Structures. Parking structures shall be exempt from lot coverage requirements. Provided, however, that parking structures shall be screened and buffered from adjacent properties and public view as required. 3.21.130. Parking, Loading, and Access Each lot or parcel of land in the PO zone shall have on the same lot or parcel, automobile parking sufficient to meet the requirements for professional offices or similar permitted uses as set forth in Rexburg City Code. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from a public street. Parking spaces and drive aisles shall not be provided within a required front yard. 3.21.140. Project Plan Approval All Project plans for projects in the PO Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.21.150. Reversion of Zoning If a project plan has not been approved within two (2) years of the establishment of the PO zone to a specific property, the Planning and Zoning Commission will automatically initiate a rezoning action to revert said property to the zone existing on said land prior to the establishment of the PO zone. An approved project plan or preliminary project plan shall be in effect for all PO zones. In the event an approved project plan or preliminary project plan expires, a rezoning action to revert said zone shall be initiated. 3.21.160. Other Requirements Signs. All signs erected in the PO zone shall be in conformance with the sign provisions of City Code and shall be in general compliance with the typical signing program described in the provisions of City Code. Signs proposed to be erected in the PO zone shall be placed in the same classification with signs permitted in shopping center zones. Landscaping. A minimum of ten (10) percent of the site shall be landscaped Trash Storage. Trash shall be stored in screened areas that are not visible from streets. Materials and location of the screened areas shall be reviewed and approved by City of Rexburg Staff prior to installation. Walls and Fences. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in a PO zone. 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, except that alternative screening may be used which may include a landscape hedge of six (6) feet at a two (2) year maturity, wood fence or a combination of landscaping with chain-link, with or without slats. In the case where there is mutual agreement by adjoining property owners and approved by the Planning and Zoning Commission or its designee, this requirement may be waived. 3.21.170 Architectural Design Standards Architectural design requirements are found in Chapter 4.13 Supplementary Regulations under Commercial Design Standards. 3.21.180. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.22 Technology and Office Zone (TOZ) 3.22.010. Purpose and Objectives 3.22.020. Permitted Uses 3.22.030. Lot Area 3.22.040. Lot Width 3.22.050. Lot Frontage 3.22.060. Prior Created Lots 3.22.070. Yard Requirements 3.22.080. Projections into Yards 3.22.090. Building Height 3.22.100. Distance Between Buildings 3.22.110. Permissible Lot Coverage 3.22.120. Parking, Loading and Access 3.22.130. Conditional Use Permit for a Reduction in the Parking Required for Accessory Housing in a TOZ Zone 3.22.140. Project Plan Approval 3.22.150. Other Requirements 3.22.160. Architectural Design Standards 3.22.170. Commercial Lighting Standards 3.22.080. Projections Into Yards 3.22.090. Building Height 3.22.100. Distance Between Buildings 3.22.110. Permissible Lot Coverage 3.22.120. Parking, Loading, and Access 3.22.130. Project Plan Approval 3.22.140. Reversion of Zoning 3.22.150. Other Requirements 3.22.160 Architectural Design Standards 3.22.170 Commercial Lighting Standards 3.22.010. 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. 3.22.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the TOZ zone. Numbered Listings. All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeros. Uses. All such categories listed herein, and all specific uses contained within them in the Standard Land Use Code, will be permitted in the TOZ zone subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the TOZ zone: SIC Code Use 2861 Softwood distillates 3571 Computers: digital, analog & hybrid 3572 Computer storage units mfg 3575 Computer terminals mfg 3577 Computer output to microfilm units, computer peripheral equipment-mfg 3695 Computer software tape and disks, blank: rigid and floppy - mfg 3823 Computer interface equipment for industrial process control-mfg 3845 Computerized axial-tomography (CT/Cat Scanner apparatus - mfg 4700 Communications (Subject to Section Rexburg City Code) 5045 Computer terminals-wholesale 5112 Computer paper-wholesale 5734 Computer Stores-retail 5900 Miscellaneous retail trade (except 5912, 5920, 5930, and 5980; only in historic buildings as defined in this Title) 5961 Computer software, mail-order-retail 6220 Photography studio (Only in historic buildings on arterial streets) 6230 Beauty and barber shop (Only in historic buildings on arterial streets) 672 Police protection and related activities, branch (Office only) 7299 Computer photography or portraits 7371 Computer programming services and program software-custom 7372 Computer software publishers, pre-packaged 7377 Computer peripheral equipment, rental & leasing. 7378 Computer peripheral equipment repair & maintenance 8221 Veterinarian services, subject to the following conditions: Experimental or scientific research activities are prohibited. No on-site disposal of dead animals. The facility shall be located completely within an air-conditioned and soundproofed building. Animal noise shall not be audible at the nearest property line. Overnight boarding shall be limited to animals receiving treatment on the premises. Services shall be limited to small animals only. No services shall be permitted for poisonous or dangerous animals. 8242 Computer repair training 4923 Travel Agencies 5912 Prescription pharmacy (intended for the convenience of permitted establishments and/or clients thereof, provided that no business occupies more than fifteen (15) percent of the total floor area of the building in which it is located and has no separate entrance) 6100 Financial, Insurance and Real Estate Services 6311 Advertising services (office only) 6320 Consumer credit services 6330 Duplicating, stenographic, and office services 6340 Dwelling, janitorial, and other building services (office only) 6350 News syndicate services (office only) 6360 Employment services 6390 Miscellaneous business services (office only) 6500 Professional Services (except 6513, 6515 Behavior, drug and alcohol treatment; office only, no lodging or bed facilities, 6516) 6710 Executive, legislative, and judicial offices 6900 Miscellaneous service organizations (office only) 7371 Software programming, systems analysis-custom 7372 Software, computer- wholesale 7373 Computer-aided engineering/design systems services also CAD,CAM. 7377 Computer hardware renting or leasing, except finance leasing or from the manufacturer 7379 Computer consultants Call Center Permitted Accessory Uses. Accessory uses and structures are permitted in the TOZ zone provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, supply storage buildings, and similar structures which are customarily used in conjunction with, and are incidental to, principal uses and structures allowed in the TOZ zone. Storage of materials used for the construction of a building including a temporary contractor's office and/or tool shed, provided that such uses are on the building site or immediately adjacent thereto and provided that such use shall be for only the period of construction and thirty (30) days thereafter. Conditional Uses. The following uses and structures are permitted in the TOZ zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof: SIC Code Use 4700 Communications (Subject to the Rexburg City Code) 5811 Restaurants, subject to the following conditions: That the restaurant be architecturally compatible with surrounding buildings. That there be no short order/ fast food or drive-in restaurants. That signs, landscaping, number of employees, and distance from existing commercial zones, and related matters, shall be factors considered in the review and approval of a conditional use permit. 5900 Miscellaneous retail trade (except 5912) 3.22.030. Lot Area Minimum Lot Area. The minimum area of any lot or parcel of land in the TOZ zone shall be one half (1/2) acre; provided, however, that smaller lots or parcels may be created: Pursuant to the provisions of City Code; or As part of an approved and recorded subdivision plat, as specified in City Code. The area of land within such Record of Survey shall be at least one (1) acre. 3.22.040 Lot Width Each lot or parcel of land in the PO zone shall have an average width of not less than one hundred (100) feet; however, narrower lots or parcels may be created as part of an approved and recorded subdivision plat. 3.22.050. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.22.070. Yard Requirements The following minimum yard requirements shall apply in the TOZ zone: Front Yard. Each lot or parcel in the TOZ zone shall have a front yard of not less than ten (10) feet. Said front yard shall not be used for vehicular parking or manuevering and shall be appropriately landscaped. Side Yard. Except as provided in Subsections (3), (4), and (5) of the Rexburg City Code, each lot or parcel of land in the PO zone shall have a side yard of at least ten (10) feet when located adjacent to a residential zone. There shall be no requirements in those instances where the side property line abuts a commercial or industrial zone. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building is located more than ten (10) feet from any main residential building on an adjacent property. The accessory building has no openings on the side which is contiguous to the property line, and the wall of said building adjacent to the property line has a two (2) hour fire retardant rating. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. Rear Yard. No requirement. 3.22.080. Projections Into Yards Permitted Projections. The following structures may be erected on or projected into any required yard: Fences and walls in conformance with the City Code and other City codes and ordinances. Landscape elements including trees, shrubs, and other plants. Necessary appurtenances for utility service. 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, except that a required driveway shall remain unobstructed from the ground up. Belt courses, sills, buttresses, or similar architectural features. Fireplace structures and bays, provided that they are not wider than eight (8) feet measured generally parallel to the wall of which they are a part. Ramps, door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. Carport and loading docks in a side yard or rear yard, provided that such 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. 3.22.090. Building Height Permitted Height. No lot or parcel of land in the TOZ zone shall have a building or structure which fifty-five (55) feet in height. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height. 3.22.100. Distance Between Buildings The minimum distance between any accessory building and a main building on a lot in the TOZ zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the Building Code as adopted by the Council. 3.22.110. Permissible Lot Coverage Building Coverage. In a TOZ zone, all buildings and structures shall not cover an area of more than eighty (80) percent of the lot or parcel of land upon which they are placed. Parking Structures. Parking structures shall be exempt from lot coverage requirements. Provided, however, that parking structures shall be screened and buffered from adjacent properties and public view as required Design Review. 3.22.120. Parking, Loading, and Access Each lot or parcel of land in the TOZ zone shall have on the same lot or parcel, automobile parking sufficient to meet the requirements for professional offices or similar permitted uses as set forth in the, Rexburg City Code. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from a public street. Parking spaces and maneuvering areas shall not be provided within a required front yard. 3.22.130. Project Plan Approval All Project plans for projects in the TOZ Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.22.140. Reversion of Zoning If a project plan has not been approved within two (2) years of the establishment of the TOZ zone to a specific property, the Planning and Zoning Commission will automatically initiate a rezoning action to revert said property to the zone existing on said land prior to the establishment of the TOZ zone. An approved project plan or preliminary project plan shall be in effect for all TOZ zones. In the event an approved project plan or preliminary project plan expires, a rezoning action to revert said zone shall be initiated. 3.22.150. Other Requirements Signs. All signs erected in the TOZ zone shall be in conformance with the sign provisions of City Code and shall be in general compliance with the typical signing program described in the provisions of City Code. Signs proposed to be erected in the TOZ zone shall be placed in the same classification with signs permitted in shopping center zones. Landscaping. A minimum of ten (10) percent of the site shall be landscaped Trash Storage. Trash shall be stored in screened areas that are not visible from streets. Materials and location of the screened areas shall be reviewed and approved by City of Rexburg Staff prior to installation. Walls and Fences. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in a TOZ zone. 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, except that alternative screening may be used which may include a landscape hedge of six (6) feet at a two (2) year maturity, wood fence or a combination of landscaping with chain-link, with or without slats. In the case where there is mutual agreement by adjoining property owners and approved by the Planning and Zoning Commission or its designee, this requirement may be waived. Transitional Development Standards. Where a lot in any business, commercial, manufacturing, industrial zone borders a residential zone, the standards set forth in City Code shall apply 3.22.160 Architectural Design Standards Architectural design requirements are found in Chapter 4.13 Supplementary Regulations under Commercial Design Standards. 3.22.170. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.23 Public Facilities Zone (PF) 3.23.010. Purpose and Objectives 3.23.020. Permitted Uses 3.23.030. Lot Area 3.23.040. Lot Width 3.23.050. Lot Frontage 3.23.060. Prior Created Lots 3.23.070. Lot Area Per Dwelling 3.23.080. Yard Requirements 3.23.090. Projections into Yards 3.23.100. Building Height 3.23.110. Distance Between Buildings 3.23.120. Permissible Lot Coverage 3.23.130. Parking, Loading and Access 3.23.140. Conditional Use Permit for a Reduction in the Parking Required for Accessory Housing in a Public Facility Zone 3.23.150. Project Plan Approval 3.23.160. Other Requirements 3.23.170 Re-use of Public Facilities 3.23.180. Commercial Lighting Standards 3.23.010. Purpose and Objectives The PF Zone is established to provide areas for the location and establishment of facilities which, under public franchise, ownership, or private enterprises operating for the public convenience and necessity, provide public services such as electricity, gas, communication, transportation, water, sewage treatment, education, religious activities and other public assembly, cultural facilities, parks, recreation etc. and which utilize relatively large areas of land. The Public Facilities Zone is established to protect the present and long term public uses including the airport and airport facilities. Uses such as airport related activities, warehousing, open space, and agricultural uses are harmonious with the Zone. Height restrictions within this district are determined by the City’s ordinance regulating the approach zone of the airport under FAR part 77, Airspace, and as listed below. This zone is intended to provide immediate recognition of such areas upon the official zoning map of the City, and to reduce the affect which the location of these facilities may have upon zoning statistics in residential, commercial, or industrial areas. Typical uses permitted in the PF zone are public schools, public parks, hospitals, airports, public utilities, public equipment storage areas, and public shop areas. Though some of these uses will be allowed in other zones to initially accommodate public facilities in appropriate areas without undue difficulty, it is intended that the PF zone would then be applied to all such facilities for ease of recognition and accurate statistical indexing. 3.23.020. Permitted Uses Categories. Except as provided in Section 9.19.020, Rexburg City Code, those uses or categories of uses as listed herein, and no others, are permitted in the PF zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groups of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the PF zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the PF zone: SIC Code Use Housing Authority offices and administration 4500 Highways and street rights-of-way 4811 Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the rights of- way of the activity) 4821 Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4837 Water utilities or irrigation company office 4841 Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4844 Sewage pumping stations 4862 Gas and electric utility company office 4863 Water and electric utility company office 4864 Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (Predominantly covered pipes or boxes) 6700 Governmental services (except 6714, 6722 and 6740) 6810 Nursery, primary, and secondary education 6820 University, college, junior college, professional school education 6830 Special training and schooling 7100 Cultural activities and nature exhibits 7400 Recreational activities (except 7417, 7425, and 7450) 7600 Parks 9210 Forest Reserves Permitted Accessory Uses. Accessory uses and structures are permitted in the PF zone provided they are incidental to, and do not substantially alter the character of the permitted use or structure, and are located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to,the following: Accessory buildings such as garages, carports, bath houses, green houses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with and incidental to a principal use or structure, and offices associated with a main permitted or conditional use, and a public dance held in conjunction with an existing permitted use. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code; A detached single-family residence used only for the use of a caretaker, watchman, or similar employee of a permitted use, when located upon the same site as said permitted use; Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter; 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. Conditional Uses. The following uses and structures are permitted in the PF zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof: SIC Code Use 1292 Residential facility for persons with a disability 3442 Aircraft manufacturing and assembling (in or adjacent to an airport) 3443 Aircraft engines and engine parts (in or adjacent to an airport) 3444 Aircraft parts other than engines (in or adjacent to an airport) 4100 Railroad, rapid transit (public or private) 4294 Ambulance services 4310 Airports and flying fields 4390 Heliports and general aircraft 4600 Automobile parking (except 4603) 4700 Communications 4812 Electric generation plants - conventional fuel including hydroelectric, solar, etc.) 4814 Electricity regulating substations 4815 Electric utility company office 4818 Small generation 4829 Other gas utilities, NEC 4832 Water treatment plants (purification) 4833 Water storage as part of a utility system (open reservoirs) 4834 Water storage as part of a utility system (covered including water storage standpipes) 4839 Other water utilities or irrigation, NEC 4846 Sewage company office 4853 Refuse disposal company office 4845 Water reclamation plants, sludge drying beds, etc. 4849 Other sewage disposal, NEC 4852 Central garbage grinding stations and composting plants 4857 Active slag dumps and mineral waste disposals 4861 Combination utilities company storage yards and equipment storage 4869 Combination utilities, NEC 4872 Debris basin (A dam and basin for intercepting debris) 4874 Spreading grounds (Area for percolating water into under-ground) 4890 Other utilities 6240 Funeral parlor, cemetery, and crematory services 6513 Hospitals 6515 Behavior, drug and alcohol treatment 6714 Operation centers 6722 Police protection and related activities, branch (office only) 6819 Military academies 6910 Religious activities 7200 Public assembly 7396 Dance halls 7520 Group or organized camps 8400 Fishing activities 8540 Mining and quarrying 3.23.030. Lot Area The minimum area of any lot or parcel of land in the PF zone shall be ten thousand (10,000) square feet. 3.23.040. Lot Width Each lot or parcel of land in the PF zone shall have a width of not less than eighty (80) feet. 3.23.050. Lot Frontage Each lot or parcel of land in the PF zone shall abut on 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. 3.23.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone (December 12, 1974) shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter. 3.23.070. Lot Area per Dwelling 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. 3.23.080. Yard Requirements The following minimum yard requirements shall apply to the PF zone: Front Yard. Each lot or parcel of land in the PF zone shall have a front yard of not less than ten (10) feet, except that those 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 one which it abuts along said street frontage. Side Yard. No requirements, except 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. In that case, the yard width shall be equal to that required by the provisions of the residential zone established on the abutting property. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building has no openings on the side which is contiguous to a property line or zone line, and said side is constructed of two (2) hour fire-resistant material. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. That said accessory building is located more than ten (10) feet away from any main building on the same lot, or more than six (6) feet away from any building structure on any adjacent lot lying within a residential zone. The accessory building is under ten (10) feet in height and less than one- hundred twenty (120) square feet in area. Rear Yard. No requirement except 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. In that case, the yard width shall be equal to that required by the provisions of the residential zone established on the abutting property. 3.23.090. Projections into Yards Permitted Projections. The following structures may be erected on or projected into any required yard: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements including trees, shrubs, agricultural crops, and other plants. Necessary appurtenances for utility service. 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: Belt courses, sills, buttresses, or other similar architectural features. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. Carports over a driveway in a side 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. 3.23.100. Building Height Permitted Building Height with Conditions. No lot or parcel of land in the PF Zone shall have a building or structure which exceeds a height of three (3) stories with a maximum of thirty-five (35) feet, unless one of the following conditions exists: The horizontal setback of the building from the nearest residential zone boundary is equal to or exceeds twice the building's height; or 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 City's Zoning Administrator requiring the project to undergo Conditional Use Review, even though the condition outlined in (1) above is satisfied. 3.23.110. Distance Between Buildings The minimum distance between any accessory building and a main building on a lot in the PF zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the Building Code as adopted by the Rexburg City Council. 3.23.120. 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. 3.23.130. Parking, Loading, and Access Parking within the PF zone shall be provided in accordance with the requirements of Rexburg City Code. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from the public street. Parking spaces shall not be provided within a required front yard or a side yard adjacent to a public street.\ 3.23.160. Other Requirements Signs. See standards and provisions of the Rexburg City Codes. Landscaping. A minimum of ten (10) percent of the site shall be landscaped Trash Storage. Trash shall be stored in screened areas that are not visible from streets. Materials and location of the screened areas shall be reviewed and approved by City of Rexburg Staff prior to installation. Transitional Development Standards. Where a lot in any business, commercial, manufacturing, industrial, or public facilities zone borders a residential zone, the standards set forth in Rexburg City Code. 3.23.170. Re-Use of Public Facilities Conditional Use Permit. Before any existing public facility use may be changed to another use a Conditional Use Permit shall be obtained from the Planning and Zoning Commission, subject to the standards set forth in Rexburg City Code. Any such change in use shall be a permitted or Conditional Use allowed in the PF zone. 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: An increase in daily or peak hour traffic. A change in circulation patterns on or around the property. A significant increase in the demand for parking. A change in the density of people on site. Expansion of the hours of operation. Any increased environmental impact, such as noise or air pollution; offensive odors; excessive illumination or glare, etc. 3.23.180. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.24 Open Space Zone (OS) 3.24.010. Purpose and Objectives 3.24.020. Permitted Uses 3.24.030. Project Requirements 3.24.040. Commercial Lighting Standards 3.24.010. 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 uses within the underlying zone, except those associated with open space, are conditional uses within this zone. The Open Space Zone may be the only applicable zone for parks, public utilities, and other public uses. The floodplain is defined by the FIRM for Rexburg. 3.24.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the OS zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groups of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes. Use. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the OS zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the OS zone: SIC Code Use Parks Playgrounds Playground Equipment Drainage Basins Floodways Restrooms under 1,000 square feet Pump houses under 1,000 square feet Equipment Buildings under 1,000 square feet Conditional Uses. The following uses and structures are permitted in the OS zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof: SIC Code Use 4100 Railroad, rapid transit (public or private) 4500 Highways and street rights-of-way 4600 Automobile parking (except 4603) 4811 Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the rights of- way of the activity) 4814 Electricity regulating substations 4821 Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4833 Water storage as part of a utility system (open reservoirs) 4834 Water storage as part of a utility system (covered including water storage standpipes) 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4837 Water utilities or irrigation company office 4839 Other water utilities or irrigation, NEC 4841 Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4844 Sewage pumping stations 4864 Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (Predominantly covered pipes or boxes) 4872 Debris basin (A dam and basin for intercepting debris) 4890 Other utilities 7100 Cultural activities and nature exhibits 7400 Recreational activities (except 7417, 7425, and 7450) 8400 Fishing activities 9210 Forest Reserves 3.24.030. Project Requirements Any construction projects taking place in this zone that are not listed as “Permitted Uses” shall obtain a conditional use permit. Details shall be presented to the Planning and Zoning Commission and Zoning Commission for approval. 3.24.040. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.25 University District (UD) 3.25.010. Purpose and Objectives 3.25.020. Permitted Uses 3.25.030. Lot Area 3.25.040. Lot Width 3.25.050. Lot Frontage 3.25.060. Prior Created Lots 3.25.070. Lot Area Per Dwelling 3.25.080. Yard Requirements 3.25.090. Projections into Yards 3.25.100. Building Height 3.25.110. Distance Between Buildings 3.25.120. Permissible Lot Coverage 3.25.130. Parking, Loading and Access 3.25.140. Project Plan Approval 3.25.150. Reserved 3.25.160. Other Requirements 3.25.170 Change in Use of University Facilities 3.25.180 Commercial Lighting Standards 3.25.010. Purpose and Objectives The University District is to recognize the establishment and growth of Brigham Young University-Idaho. The University campus is unique in its nature as to those who visit, work and attend the University. Parking on the campus should be located in a manner which will serve the needs of invitees to the campus. Because of its unique nature, the University campus should be considered as one parcel. All buildings, playing fields and other structures on the Campus should be deemed served by all parking lots on campus, wherever situated. 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. The University District is established to protect the unique nature of the University while protecting adjacent land uses from nuisance and otherwise incompatible land use. 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. This zone is intended to provide immediate recognition of such areas upon the official zoning map of the City, and to reduce the affect which the location of these facilities may have upon zoning statistics in residential, commercial, or industrial areas. The UD zone is intended for only land that is owned by Brigham Young University- Idaho. If any land is sold, gifted, or transferred to another financially unrelated party, a new zoning category must immediately be sought as there will immediately be a moratorium on approval of new land uses and building permits on the property until a new zoning district can be established. 3.25.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the UD zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groups of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes. Use. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the UD zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the UD zone: SIC Code Use Four-family dwelling Five & Six-family dwelling or development Twenty-four units per building or development Dormitory, fraternity, sorority Religious dormitories 2700 Printing, publishing, including newspapers 3510 Laboratory and research instruments 5994 Photographic supplies and equipment 3920 Musical instruments 4121 & 4123 Bus passenger terminals 4214 Bus garaging and equipment maintenance 4221 Motor freight terminals 4222 Motor freight garaging and maintenance 4600 Automobile parking lots, garages 4710 Telephone exchange stations, microwave towers 4732 Radio and TV transmitting stations and towers 4750 Radio and television broadcasting station Other communication facilities Electric generation plants, utility substations Utility storage yards Other utility facilities 5300 General merchandise (department, variety, etc) 6222 Photographic studios 6330 Photocopying, blueprinting, and stenographic services 6360 Employment services 6391 Research, testing services 6392 Consulting services 6370 Warehousing and storage services 6371 Farm products warehousing and storage 6373 Refrigerated warehousing 6374 Food lockers 6379 Household goods warehousing and storage 6375 General warehousing and storage 6500 Professional services 6511 Physicians offices 6514 Medical laboratory services 6591 Out-patient medical services 6591 Engineering and architectural services 6592 Educational and scientific research services 6593 Accounting and bookkeeping services 6600 Contract construction services 6611 Building contractor offices 6611 Building contractor storage yards 6621 Plumbing, heating, air conditioning services 6622 Painting, wall papering, decorating services 6623 Electrical services 6624 Masonry, stonework, and plastering services 6625 Carpentering, wood flooring installation 6624 Roofing and sheet metal services 6627 Concrete services Governmental services 6721 Police protection 6730 Postal service Educational Services 6811 Nursery schools, day care centers 6812 & 6813 Schools College buildings 6832 Vocational schools 6833 Business schools 6833 Barber and Beauty School 6834 Art and music schools 6835 Dancing schools 6836 Driving schools 6837 Correspondence schools 6900 Miscellaneous services 6911 Churches, synagogues, temples 6920 Welfare and charitable services 6994 Civic, social, and fraternal organizations. 7100 Cultural activities 7111 Libraries 7112 Museums 7113 Art galleries 7200 Public assembly 7212 Motion picture theaters 7231 & 7214 Auditoriums, performing theaters 7300 Amusements 7392 Miniature golf 7300 Recreational activities 7413 Tennis courts 7415 Roller skating 7414 Ice skating 7417 Bowling Skiing and tobogganing 7423 Athletic fields 7424 Recreation centers 7425 Athletic clubs and gymnasiums 7432 Swimming pools 7610 Parks, including playgrounds 8110-8140 Farming, fibers, grains, fruits, vegetable 8291 Horticultural services Plant nurseries Permitted Accessory Uses. Accessory uses and structures are permitted in the UD zone provided they are incidental to, and do not substantially alter the character of the permitted use or structure, and are located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to the following: Accessory buildings such as garages, carports, bath houses, green houses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with and incidental to a principal use or structure, and offices associated with a main permitted or conditional use, and a public dance held in conjunction with an existing permitted use. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code. A detached single-family residence used only for the use of a caretaker, watchman, or similar employee of a permitted use, when located upon the same site as said permitted use. 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. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter. 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. Conditional Uses. The following uses and structures are permitted in the UD zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof: SIC Code Use Manufactured home 24' or more in width 8221 Small animal veterinarian services (totally enclosed) 7221 & 7222 Stadiums, arenas, field houses Buildings of structures that have an occupancy as defiend by the City of Rexburg Building Code in excess of 2500 occupants. 3.25.030. Lot Area There is no minimum lot area in the University Zone. Parcels sold or otherwise vacated by the University must meet the minimum lot requirements of the intended zone. 3.25.040. Lot Width There is no minimum lot width in the University Zone. 3.25.050. 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 3.25.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone (December 12, 1974) shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter. 3.25.070. Lot Area per 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. 3.25.080. Yard Requirements The following minimum yard requirements shall apply to the UD zone: Front Yard. Front yard setback requirements where the University Zone abuts a residential zone or non University owned parcel shall be at a 1:1 ratio, or 1 foot for every foot of building height. 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 foot for every foot of building height. This requirement is twice that of a typical residential side yard. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building has no openings on the side which is contiguous to a property line or zone line, and said side is constructed of two (2) hour fire-resistant material. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. That said accessory building is located more than ten (10) feet away from any main building on the same lot, or more than six (6) feet away from any building structure on any adjacent lot lying within a residential zone. Rear Yard. Minimum of twenty (20) feet. 3.25.090. Projections into Yards Permitted Projections. The following structures may be erected on or projected into any required yard: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements including trees, shrubs, agricultural crops, and other plants. Necessary appurtenances for utility service. 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: Belt courses, sills, buttresses, or other similar architectural features. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel to the wall of which they are apart. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. Carports over a driveway in a side 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. 3.25.100. 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. 3.25.110. Distance Between Buildings The minimum distance between any accessory building and a main building on a lot in the UD zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the Rexburg Building Code as adopted by the Rexburg City Council. 3.25.120. 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. 3.25.130. Parking, Loading, and Access Distance for Private Off-Street Parking. Except in the University District, all required off-street parking shall be located within two hundred feet (200') of the primary entrance of the building. Provisions of Chapter 5 subsection (1). In the University District, the provisions of subsection (1) here of shall not apply, however, the University shall provide information which demonstrates that the parking facility proposed to be considered for joint use, will lessen the demand for other parking facilities located in the University District. Regulations for University District. The University shall not be required to provide the minimum parking spaces required in subsection 5.8 hereof but shall be regulated in accordance with the University Parking Ratios as set forth below. In determining the ratio for this subsection, all parking spaces located upon the University Campus together with all on-street parking where the University Campus occupies both sides of the street shall be included. The term Full Time Equivalent shall be consistent with the definition established in the BYU-Idaho Parking Study published in 2002. University Student Ratio: .200 spaces per Student Equivalent. University Faculty Ratio: .585 spaces per Faculty Equivalent. University Staff Ratio: .585 spaces per Staff Equivalent. Paving. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from the public street. Location of Parking Spaces. Parking spaces shall not be provided within a required front yard or a side yard adjacent to a public street. 3.25.140. Project Plan Approval All Project plans for projects in the UD Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.25.150. Reserved 3.25.160. Other Requirements Signs. See standards and provisions of Rexburg City Sign Code. Landscaping. A minimum of twenty (20) percent of the site shall be landscaped. All residential development shall provide a minimum of ten (10) percent landscaping. Trash Storage. Trash shall be stored in screened areas that are not visible from streets. Materials and location of the screened areas shall be reviewed and approved by City of Rexburg Staff prior to installation. See Chapter 4: Supplementary Regulations 3.25.170. Change in Use of University Facilities Conditional Use Permit. Before any existing University facility use may be changed to another use but under the same ownership a Conditional Use Permit shall be obtained from the Planning and Zoning Commission, subject to the standards set forth in Rexburg City Code. Any such change in use shall be a permitted or conditional use allowed in the UD zone. 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: An increase in daily or peak hour traffic. A change in circulation patterns on or around the property. A significant increase in the demand for parking. A change in the density of people on site. Expansion of the hours of operation. Any increased environmental impact, such as noise or air pollution; offensive odors; excessive illumination or glare, etc. 3.25.180. Commercial Lighting Standards All University Facilities located in the University Zone are subject to the Commercial Lighting Standards as described in Chapter 4.14, Supplementary Regulations. 3.26 Transitional Agricultural 1 (TAG1) 3.26.010. Purpose and Objectives 3.26.020. Permitted Uses 3.26.030. Lot Area 3.26.040. Lot Width 3.26.050. Lot Frontage 3.26.060. Prior Created Lots 3.26.070. Lot Area Per Dwelling 3.26.080. Yard Requirements 3.26.090. Projections into Yards 3.26.100. Building Height 3.26.110. Distance Between Buildings 3.26.120. Permissible Lot Coverage 3.26.130. Agricultural Building Code Exemption 3.26.140. Project Plan Approval 3.26.150. Other Requirements 3.26.160. Reserved 3.26.170. Lighting Standards 3.26.010. Purpose and Objectives The Transitional Agricultural zone is intended to anticipate expansion of the City into agricultural areas (lands). Permitted uses in the TAG1 Zone include all primary agricultural production activities and their accessory uses and buildings, including farm homes. No more than ten (10) livestock are permitted in a TAG1 zone. 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. For the purposes of this chapter, “Feedlot” is defined as any area where one thousand (1,000) head or more of livestock are confined for a period of one year or more. The minimum size parcel shall be two (2) acres or more. Conditional Uses in the TAG1 Zone include: Public and quasi-public recreation facilities and/or buildings, Home occupations, Cemeteries. The TAG1 Zone is established to ensure transitional regulations pursuant to, and provide uniform enablement of the provisions of Chapter 8, of this title. 3.26.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the TAG1 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groups of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes. Use. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the TAG1 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the TAG1 zone: SIC Code Use 1111 Single-family dwellings-detached 1112 Disabled person's residential facility Agricultural and related operations Permitted Accessory Uses. Accessory uses and structures are permitted in the TAG1 zone provided they are incidental to, and do not substantially alter the character of the permitted use or structure, and are located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, bath houses, green houses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with and incidental to a principal use or structure, and offices associated with a main permitted or conditional use, and a public dance held in conjunction with an existing permitted use. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code. A detached single-family residence used only for the use of a caretaker, watchman, or similar employee of a permitted use, when located upon the same site as said permitted use. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter. 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. Conditional Uses. The following uses and structures are permitted in the TAG zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof: SIC Code Use Manufactured home 24' or more in width on a permanent foundation Small animal veterinarian services (totally enclosed) Airports Cemeteries Commercial kennels Broadcasting towers for radio, television or similar use Public buildings Schools Hospitals Churches or religious facilities 3.26.030. Lot Area The minimum area of any lot or parcel of land in the TAG1 zone shall be two (2) acres. 3.26.040. Lot Width Each lot or parcel of land in the TAG1 zone shall have a width of not less than eighty (80) feet. 3.26.050. Lot Frontage Each lot or parcel of land in the TAG1 zone shall abut a public street for a minimum distance of thirty-five (35) feet, on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.26.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter. 3.26.070. Lot Area per Dwelling Any caretaker dwelling established in conjunction with a permitted use in the TAG1 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. 3.26.080. Yard Requirements The following minimum yard requirements shall apply to the TAG1 zone: Front Yard. Each lot or parcel of land in the TAG1 zone shall have a front yard of not less than fifty (50) feet and except for single family detached homes shall not be used for vehicular parking or maneuvering except such portion as is devoted to driveway use for direct access from a street to a garage or carport.. Side Yard. No building shall be closer than ten feet (10’) to any side property line, except corner lots contiguous to the street shall maintain a setback of not less than fifty feet (50’) and except for single family detached homes shall not be used for vehicular parking or maneuvering except such portion as is devoted to driveway use for direct access from a street to a garage or carport. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building has no openings on the side which is contiguous to a property line or zone line, and said side is constructed of two (2) hour fire-resistant material. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. That said accessory building is located more than ten (10) feet away from any main building on the same lot, or more than six (6) feet away from any building structure on any adjacent lot lying within a residential zone. Rear Yard. Not less than twenty-five (25’) feet. 3.26.090. Projections into Yards Permitted Projections. The following structures may be erected on or projected into any required yard: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements including trees, shrubs, agricultural crops, and other plants. Necessary appurtenances for utility service. 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: Belt courses, sills, buttresses, or other similar architectural features. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. Carports over a driveway in a side 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. 3.26.100. 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 stories, or thirty feet (30’) in height. 3.26.110. Distance Between Buildings As per the Building Code. 3.26.120. Permissible Lot Coverage The maximum lot coverage for all buildings and structures shall not be greater than fifty (30) percent of the lot area. Maximum of thirty-five (35) percent. 3.26.130. Parking, Loading, and Access See the City Development Code and Subdivision Ordinance. 3.26.130 Code Exemptions of Agricultural Buildings By State Law, agricultural buildings, as defined by the State of Idaho, are exempt from Building Codes. 3.26.140. Project Approval All Project plans for projects in the TAG1 Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.26.150. Other Requirements Signs. See standards and provisions of Rexburg City Sign Code. Landscaping. See the City Development Code and Subdivision Ordinance. Trash. See the City Development Code and Subdivision Ordinance. 3.26.170. Lighting Standards See Commercial and Residential Lighting Standards in the Development Code and Subdivision Ordinance. 3.27 Transitional Agricultural 2 (TAG2) 3.27.010. Purpose and Objectives 3.27.020. Permitted Uses 3.27.030. Lot Area 3.27.040. Lot Width 3.27.050. Lot Frontage 3.27.060. Prior Created Lots 3.27.070. Lot Area Per Dwelling 3.27.080. Yard Requirements 3.27.090. Projections into Yards 3.27.100. Building Height 3.27.110. Distance Between Buildings 3.27.120. Permissible Lot Coverage 3.27.130. Agricultural Building Code Exemption 3.27.140. Project Plan Approval 3.27.150. Other Requirements 3.27.160. Lighting Standards 3.27.010. Purpose and Objectives The Transitional Agricultural zone is intended to anticipate expansion of the City into agricultural areas (lands). Permitted uses in the TAG2 Zone include all primary agricultural production activities and their accessory uses and buildings, including farm homes. No more than ten (10) livestock are permitted in a TAG2 zone. 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. For the purposes of this chapter, “Feedlot” is defined as any area where one thousand (1,000) head or more of livestock are confined for a period of one year or more. The minimum size parcel shall be two (2) acres or more. Conditional Uses in the TAG2 Zone include: Public and quasi-public recreation facilities and/or buildings, Home occupations, Cemeteries. The TAG2 Zone is established to ensure transitional regulations pursuant to, and provide uniform enablement of the provisions of Chapter 8, of this title. 3.27.020. Permitted Uses Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the TAG2 zone. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groups of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes. Use. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the AG2 zone, subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the TAG2 zone: SIC Code Use 1111 Single-family dwellings-detached 1112 Disabled person's residential facility Agricultural and related operations Permitted Accessory Uses. Accessory uses and structures are permitted in the TAG zone provided they are incidental to, and do not substantially alter the character of the permitted use or structure, and are located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, bath houses, green houses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with and incidental to a principal use or structure, and offices associated with a main permitted or conditional use, and a public dance held in conjunction with an existing permitted use. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code. A detached single-family residence used only for the use of a caretaker, watchman, or similar employee of a permitted use, when located upon the same site as said permitted use. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter. 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. Conditional Uses. The following uses and structures are permitted in the TAG 2 zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof: SIC Code Use Manufactured home 24' or more in width on a permanent foundation Small animal veterinarian services (totally enclosed) Airports Cemeteries Commercial kennels Broadcasting towers for radio, television or similar use Public buildings Schools Hospitals Churches or religious facilities 3.27.030. Lot Area The minimum area of any lot or parcel of land in the TAG zone shall be two (2) acres. 3.27.040. Lot Width Each lot or parcel of land in the TAG zone shall have a width of not less than two hundred fifty (250’) feet. 3.27.050. Lot Frontage Each lot or parcel of land in the TAG 2 zone shall abut a public street for a minimum distance of thirty-five (35) feet, on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.27.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter. 3.27.070. Lot Area per Dwelling Any caretaker dwelling established in conjunction with a permitted use in the TAG 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. 3.27.080. Yard Requirements The following minimum yard requirements shall apply to the TAG zone: Front Yard. Each lot or parcel of land in the TAG zone shall have a front yard of not less than fifty (50) feet and except for single family detached homes shall not be used for vehicular parking or maneuvering except such portion as is devoted to driveway use for direct access from a street to a garage or carport.. Side Yard. Each lot or parcel of land in the TAG zone shall have a side yard setback of not less than ten (10) feet, except corner lots contiguous to the street shall not be less than fifty (50) 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. Side Yard. Accessory Building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met: The accessory building has no openings on the side which is contiguous to a property line or zone line, and said side is constructed of two (2) hour fire-resistant material. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected. That said accessory building is located more than ten (10) feet away from any main building on the same lot, or more than six (6) feet away from any building structure on any adjacent lot lying within a residential zone. 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. 3.27.090. Projections into Yards Permitted Projections. The following structures may be erected on or projected into any required yard: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements including trees, shrubs, agricultural crops, and other plants. Necessary appurtenances for utility service. 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: Belt courses, sills, buttresses, or other similar architectural features. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches in height. Carports over a driveway in a side 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. 3.27.100. 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 stories, or thirty feet (30’) in height. 3.27.110. Distance Between Buildings As required by the Building Code 3.27.120. Permissible Lot Coverage The maximum lot coverage for all buildings and structures shall not be greater than fifty (30) percent of the lot area. 3.27.130. Parking, Loading, and Access See the Development Code and Subdivision Ordinance. 3.27.130. Code Exemptions of Agricultural Buildings By State Law, agricultural buildings, as defined by the State of Idaho, are exempt from Building Codes. 3.27.140. Project Plan Approval All Project plans for projects in the TAG2 Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. 3.27.150. Other Requirements Signs. See standards and provisions of Rexburg City Sign Code. Landscaping. See the City Development Code and Subdivision Ordinance. Trash Storage. See the City Development Code and Subdivision Ordinance. 3.27.160. Lighting Standards See Commercial and Residential Lighting Standards in the Development Code and Subdivision Ordinance 3.28 Residential Business District (RBD) 3.28.010. Purpose and Objectives 3.28.020. Permitted Uses 3.28.025. Single Ownership and Control 3.28.030. Lot Area 3.28.040. Lot Width 3.28.045. Lot Depth 3.28.050. Lot Frontage 3.28.060. Prior Created Lots 3.28.070. Yard Requirement 3.28.080. Projections into Yards 3.28.090. Building Height 3.28.100. Distance Between Buildings 3.28.110. Permissible Lot Coverage 3.28.115. Permissible Building Footprint 3.28.120. Parking, Loading and Access 3.28.130. Project Plan Approval 3.28.140. Reversion of Zoning 3.28.150. Other Requirements 3.28.160. Lighting Standards 3.28.010. 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. Commercial uses are limited to non intrusive low-demand business that can peacefully co-exist with a surrounding neighborhood. It is intended that the RBD zone shall be characterized by a single structure that will function as a part of the greater neighborhood. Hours of operation should be regulated to provide compatibility with surrounding residential uses. All parking lots shall be clean, buffered and located out of the front and side yard setbacks. Attractive and well-maintained landscaping will also be characteristic of this zone. Lighting will be of a relatively low intensity and low profile with adequate shielding to protect the surrounding residential areas. The architectural design and character will be compatible with that of the surrounding residential environment. Uses permitted in the RBD zone will be those which will create minimal or no detriment to the surrounding residential areas. Multiple family dwellings, industries, recreational uses, or other heavy commercial uses which tend to be inconsistent with the use of the land within this zone for its primary purpose have been excluded. Typical uses allowed by right in this zone are miscellaneous specialty retail such as collectible stores, professional service offices, garment alterations/repairs, or as may otherwise be established by a more specific list included within this chapter. A broader range of uses may be permitted pursuant to the issuance of a conditional use permit. RBD zones shall be located generally in conformance with the provisions of the Rexburg City Comprehensive Plan. 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 zone. 3.28.020. Permitted Uses Categories. Those uses or categories as listed herein, and no others, are permitted in the RBD zone. Numbered Listings. All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four (4) digit number in which the last one or two digits are zeros. All such categories or classes listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the RBD zone subject to the limitations set forth herein. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the RBD zone: SIC Code Use 5940 Books, Stationery, Art and Hobby Supplies Professional Service Providers 6230 Beauty and Barber Shops 6251 Pressing, Alteration and Garment Repair Permitted Accessory Uses. Accessory uses and structures may be permitted in the RBD zone, provided they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the RBD zone. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto and, provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter, but in no case for a period to exceed one (1) year. Accessory dwelling subject to the issuance of a conditional use permit Conditional Uses. The following uses and structures may be permitted in the RBD zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof, and must be consistent with the Purpose and Objectives of the RBD zone. SIC Code Use 5460 Bakeries and Doughnut Shops 5910 Drug and Proprietary Stores 5430 Fruits and Vegetables 5440 Candy, Nut, and Confectionery 5450 Dairy Products 6100 Finance, Insurance and Real Estate Services 6220 Photographic Services 6254 Shoe Repair, Hat Cleaning Accessory Building Unit 3.28.025. Single Ownership and Control Land within a given RBD zone shall be in single ownership or single control in order to provide control over development. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment of the RBD zone. 3.28.030. Lot Area The minimum area of any lot or parcel of land in the RBD zone is eight thousand (8,000) sq. ft. 3.28.040. Lot Width The minimum lot width in the RBD zone is sixty (60) feet. 3.28.045. Lot Depth The minimum lot depth in the RBD zone is sixty (60) feet. 3.28.050. Lot Frontage Each lot or parcel of land in the RBD zone shall abut a public street for a minimum distance of twenty-two (22) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. 3.28.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.28.070. Yard Requirement The following minimum yard requirements shall apply in the RBD zone: Front/Rear Yard. Each lot or parcel in the RBD zone shall have a minimum front yard of at least twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which case the front yard setback may be reduced to twenty (20) feet. The minimum depth of a rear yard shall be twenty (20) feet of which no more than 40% shall be put into hard surface in order to maintain a residential character to the property. Side Yard. Each lot or parcel of land in the RBD zone shall have a side yard of at least six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred and twenty (120) square feet shall meet the same side yard requirements as principal buildings. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30) percent of the rear yard. Comply with the current Building Code of The City of Rexburg, ID. Only be used for those accessory uses allowed in the respective zone. Maintain architecturally similar material and colors with main building. Accessory building shall not be placed in the front yard. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.28.080. Projections into Yards Permitted Projections. The following structures may be erected on or projected into any required yard, except for a required driveway: Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. Landscape elements including trees, shrubs, turf, and other plant materials. Necessary appurtenances for utility service. Permitted Projections with Conditions. The structures listed below may project into a minimum front yard no more than four (4) feet and into a minimum side yard not more than two (2) feet, except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet: Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features. Fireplace structures and bays, provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding thirty (30) inches in height. 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 is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features. 3.28.090. 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 two (2) stories with a maximum of thirty-five (35) feet. Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height. 3.28.100. Distance between Buildings The minimum distance between any accessory building and a main building on a lot in the RBD zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the International Building Code or its replacement as adopted by the Rexburg City Council. 3.28.110. Permissible Lot Coverage In an RBD zone, all buildings and structures shall not cover an area greater than that allowed in the LDR2 zone. 3.28.115. Permissible Building Footprint In an RBD zone, all buildings and structures shall have a footprint of no more than 2500 square feet, and no more than two stories above ground. The Footprint shall be defined as that area covered by the enclosed area of the structure if perpendicular planes were extended from all portions of the structure to the ground. 3.28.120. Parking, Loading, and Access Each lot or parcel in the RBD zone shall have, on the same lot or parcel, automobile parking sufficient to meet the requirements as set forth in Rexburg City Code. 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. All parking spaces shall be paved with asphaltic cement or concrete and shall be provided with paved access from a public street. Said spaces shall be provided with adequate drainage which shall not run across a public sidewalk. Parking spaces 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 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. 3.28.130. Project Plan Approval All Project plans for projects in the RBD Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. Site plan approval at the Planning and Zoning Commission Level is mandatory before consideration of a RBD Zone change request may be initiated. 3.28.140. 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. 3.28.150. Other Requirements Signs. All signs erected in the RBD zone shall be in conformance with the sign provisions of the Rexburg City Sign Code, and shall be in general compliance with the typical signing program approved by the Planning and Zoning Commission under the provisions applicable to home businesses. Uses within Buildings. All uses established in the RBD zone shall be conducted entirely within a fully-enclosed building. Landscaping. All landscaping in the RBD zone shall be consistent with landscaping requirements of the LDR2 zoning unless specific permission has been obtained from the Planning and Zoning Commission. Trash Storage. See Rexburg City Code. No trash containment device shall be placed in such a location as to be visible from the public right of way unless in preparation for pickup, and under no circumstance for any period greater than 24 hours prior to and subsequent to the regularly scheduled pickup for trash. Walls and Fences. No wall, fence or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in an RBD zone. A vinyl fence or other pre-approved fence of at least six (6) feet in height, shall be erected along all property lines which lie adjacent to a residential zone. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the Planning and Zoning Commission shall give considerable weight to the wishes of the parties involved. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating the desires of the property owners. In the case where there no agreement can be reached, preference will be given to the masonry wall. 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. 3.28.160. Lighting Standards Residential Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. 3.29 Project Redevelopment Option (PRO) 3.29.010. Purpose and Intent 3.29.020. Zone Establishment 3.29.030. Optional Schematic Development Plan 3.29.040. PRO Zone Application Requirements 3.29.050. Review of PRO Zone Application - Approval 3.29.060. Zone Designation 3.29.070. Permits Required 3.29.080. Project Plan Variations and Amendments 3.29.090. Reversion of Zoning 3.29.100. PRO Zones Adopted 3.29.110. PRO Zone Reserved 3.29.120. Uses Must Be in Conformity 3.29.130. Building in Conformity 3.29.140 Architectural Design Standards 3.29.150 Commercial Lighting Standards 3.29.010. Purpose and Intent Intent. This chapter creates a regulatory framework to govern the enactment of regulations to further the intent of the Vision 2020 Comprehensive Plan, particularly, but not exclusively, in older, densely developed areas of the City. Purpose. 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. More particularly, the intent of the City Council in enacting this Chapter is to: Encourage creative and efficient utilization of land. Encourage assemblage of property to create harmonious and efficient development patterns and projects. Provide land use and design standards tailored to specific geographic areas so that new development outcomes are more predictable and compatible with surrounding land uses. Coordinate property development and design, including large-scale facilities, with development, both existing and as envisioned by the City of Rexburg Comprehensive Plan, on adjoining and nearby property. Minimize the effect of additional traffic. Improve parking and air quality. Encourage new development that fosters a sense of community. Better manage the location, timing, and sequencing of new development. Provide an opportunity to involve the public. 3.29.020. Zone Establishment (1) The provisions of this chapter shall apply to every PRO zone created under the authority of this chapter. (2) In order to establish a PRO zone, an applicant shall submit a petition (application). The application shall then be considered for approval as provided in this Title. 3.29.030. Optional Schematic Development Plan Schematic Plan Submittal. An applicant may, prior to submitting a proposed PRO application as required by Section 3.30.040 of this Chapter, submit an application showing a proposed schematic development plan for the subject property. A schematic development plan shall be considered by the Planning and Zoning Commission and City Council as provided in this section. What to Include in a Schematic Development Plan. A schematic development plan application shall include the following: A review fee of five hundred (500) dollars. Fifty percent (50%) of the schematic development plan application fee may be applied to the application fee for a PRO zone if the City Council recommends that an applicant submit the application as provided in subsection (4) of this section. A public hearing notice fee as required by The City Codes, and Administrative policies of The City of Rexburg, ID. A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for the proposed development. A schematic development plan which shows how a property could be developed under proposed PRO zone regulations. A schematic development plan shall be drawn to scale and must show a realistic layout reflecting how the property reasonably could be developed considering the development standards of a proposed PRO zone, and existing and envisioned conditions on the subject property and adjoining property. A schematic development plan should show at least the following; whatever is shown shall be construed as the intent of the plan: Location of proposed uses, including dwelling unit density and occupancy. Height, location, bulk and preliminary elevations of buildings. Location, arrangement and configuration of open space, landscaping, and building setbacks. Location, access points, and design of off-street parking areas. Number, size and location of signs. Street layout, and traffic and pedestrian circulation patterns, including proposed access to the property. Relationship of the property to adjoining and nearby properties and uses. 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. Submittal and review of an application for a schematic development plan shall not create any vested rights to development. Neighborhood Meeting. A neighborhood meeting shall be held at least two (2) weeks prior to presenting a schematic development plan at a meeting of the Planning and Zoning Commission. Process Leading to the Public Hearing. Pursuant to the notice and hearing requirements of the State and Rexburg City Code, the schematic development plan shall be first submitted to the Planning and Zoning Commission for a recommendation and thereafter to the City Council for consideration. After a public hearing, the Council may vote to recommend that an applicant: Submit an application for a PRO zone that would allow development: As shown on the schematic development plan; or As amended to address issues identified by the City Council to accomplish the goals and objectives of the Vision 2020 Comprehensive Plan; or Not submit a PRO zone application. 3.29.040. PRO Zone Application Requirements Requirements. The following materials shall be included with every application for establishment of a PRO zone: Proposed zone name and location. A statement showing how the proposed PRO zone relates to the Comprehensive Plan and furthers the intent of the Plan. A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for the proposed development. Proposed zone text, including: Permitted, conditional, and accessory uses (specifically listed and defined). Proposed development standards, including: Land use standards establishing land use types, occupancy, location, density, buffering and any other element envisioned by applicable sections of the General Plan. Lot standards establishing requirements for minimum lot area, depth, coverage, and dimensions. Building setback standards for front, side and rear yards. 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. Landscaping and buffering standards. Parking. A statement that the PRO zone will conform to all applicable chapters of Title 14 and Title 15, Rexburg City Code, except as may be specifically amended by the adopted PRO zone text. Evidence of justification for requested changes to such standards. Deviations from parking and street standards set forth in Rexburg City Code, are intended to be rare and shall be approved by five (5) members of the City Council. A preliminary project plan as provided in this Title and including the following additional information: Relationship of the property to surrounding properties and uses. Number, size and location of all proposed signs. A review fee of one thousand (1,000) dollars plus a fee of: Thirty (30) dollars for each dwelling unit proposed in a residential project; or Ten (10) dollars for each one hundred (100) square feet of gross floor area in a non-residential project. A public hearing notice fee as required. 3.29.050. Review of PRO Zone Application - Approval Neighborhood. A neighborhood meeting shall be held at least two (2) weeks prior to presenting a PRO zone application at a meeting of the Planning and Zoning Commission. Considering an Application. When considering an application for a proposed PRO zone, the Planning and Zoning Commission may recommend, and the City Council may adopt, modifications to PRO regulations and standards proposed by an applicant who, in the opinion of the approving authority, is needed to meet the intent and requirements of this chapter. Approval. A proposed PRO zone application and associated preliminary project plan shall be approved only if, in the opinion of the approving authority, development proposed on the property will: Further applicable provisions of the Vision 2020 Comprehensive Plan and any applicable master plan, particularly provisions which establish density limitations. Conform to applicable chapters of this Title and except as may be specifically amended by the adopted PRO zone text. Preserve and enhance the subject property and neighborhood by achieving integrated planning and design. Be compatible with development on adjoining and nearby property, both existing and as envisioned by the Rexburg Comprehensive Plan. Minimize the effect of traffic congestion and improve parking and air quality, including providing opportunities for alternative modes of transportation such as walking, bicycling, or transit. Development Agreement. When deemed necessary or desirable by the City, application and approval of a PRO zone and/or any development within a PRO zone may require the submission and approval of a development agreement. 3.29.060. Zone Designation Adopted PRO zone. Upon approval each adopted PRO zone shall be listed in Section 3.30.100 of this Chapter and shall be independent of any other PRO zone. Text Amendment. A text amendment to this Title which establishes regulations for a particular PRO zone shall be adopted as a separate chapter of this Title and shall be identified sequentially, such as 3.30(1), 3.30(2), etc. Each such chapter shall have a unique name combined with the 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, then 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: “Chapter 3.30(1). Imbler Heights (PRO R 1) Project Redevelopment Option Zone.” “Chapter 3.30(2). La Grande Terrace Apartments (PRO A 2) Project Redevelopment Option Zone.” 3.29.070. Permits Required 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. Applications for subdivision approval and any other needed permits shall be submitted as needed to implement an approved preliminary project plan. 3.29.080. 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. 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. 3.29.090. Reversion of Zoning Substantial action shall be taken to obtain needed additional approvals and begin construction authorized by such approvals within one (1) year after the approval of a PRO zone. If a final project plan has not been approved within one (1) year after a PRO zone has been applied to a specific property, action shall be initiated to rezone the property to the zone previously existing on the property or such other zone as may be deemed appropriate by the City Council. 3.29.100. PRO Zones Adopted The following Project Redevelopment Option zones have been adopted: Hemming Project Redevelopment Option Zone (PRO Zone) - passed by City Council on August 6, 2008, has not yet been inserted into this document. 3.29.110. PRO Zone Reserved 3.29.120. 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. 3.29.130. 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. 3.29.140 Architectural Design Standards Architectural design requirements are found in Chapter 4.13 Supplementary Regulations under Commercial Design Standards. 3.29.150. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. CHAPTER 4: SUPPLEMENTARY REGULATIONS Applicability Yard Space for one Principal Building Sale of Lots Below Minimum Space Requirements Accessory Buildings Access to Public Street Required Clear View of Intersecting Streets Screening and Fencing Requirements Parking of Vehicles in Residential Zones Exception to Setback Requirement Home Occupations Manufactured homes Reserved Commercial Design Standards Planned Unit Development (PUD) Applicability The regulations of this chapter qualify or supplement the regulation within zones appearing elsewhere in this Ordinance. Yard Space for one Principal Building No two 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. Sale of Lots Below Minimum Space Requirements 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. See Section 8-8 of this Ordinance. 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. Accessory Buildings Accessory building shall not be placed in the front yard. Accessory buildings larger than one hundred twenty-square feet shall meet the same side yard requirements as principal buildings or taller than ten (10) feet in height. An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty percent of the rear yard. Accessory buildings may be placed in any location in the rear yard, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen feet from the alley. Access to Public Street Required. All principal buildings shall be served by a public street. Access to principal building only from an alley is prohibited. All principal buildings must have adequate access and frontage for police, fire, and emergency services. Clear View of Intersecting Streets 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. Trees in such triangles shall be trimmed to at least seven (7) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3) feet above the centerline grades of the intersecting streets. Screening and Fencing Requirements Screening and fences within the City shall be constructed and maintained in conformance with the following standards: Screening Requirements. Parking Areas. . An effective buffer shall be provided between parking areas for five (5) or more vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. The buffer shall consist of a minimum five (5) foot wide landscaped strip to be planted with one (1) tree and five (5) low shrubs per thirty (30) lineal foot Commercial/Industrial Uses. Where a commercial or industrial use adjoins uses, residential zones, or undeveloped land shown as residential uses on the Comprehensive Plan, there shall be proved along the abutting property line a yard equal in width to that required in the residential zone. The yard shall be planted with a combination of trees, low shrubs, and ground cover, and/or a suitable fence otherwise in compliance with this ordinance of sufficient height and density to screen the two parcels, as specified by the Planning and Zoning Commission.” High Density Residential Uses. Where a lot in the HDR or HRD2 district adjoins a lot in the LDR or MDR districts or unincorporated and designated as single-family on the Comprehensive Plan map, a five 5) foot wide landscaped buffer shall be proved on said property line. The buffer shall consist of ground cover and trees. The trees shall be planted at thirty (30) foot intervals. When a public street is located between the front lot line of the HDR zone and the single-family zone, a landscaped buffer seven (7) feet wide or as required for front yard setbacks, whichever is greater shall be constructed and maintained on the front lot line. The buffer shall include trees and an understory of shrubs planted at interval of five (5) shrubs per thirty lineal foot. The landscaping shall be planned and maintained so as not to violate Section 4-6 of this Ordinance. 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 which may include a fence or wall. Open storage shall not be located within a required front yard. Plant material size (minimum), at time of planting: Deciduous trees- Two (2) inch caliper Evergreen trees- Seven (7) feet in height Shrubs- Five (5) gallon containers Fencing Requirements. The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the public right-of-way shall be three feet. Fences would be allowed in excess of three feet if constructed out of rigid materials and approved by Planning & Zoning with fifty (50) percent or more see through per lineal foot and that they be between three (3) to six (6) feet high within 15 feet of the right-of-way. Fences shall not be greater in height than eight (8) feet. (Amended the 15th day of April 1998; Ordinance No. 802) Fences parallel to roadways are discouraged for snow plowing reasons. Dog Runs. Dog runs shall be placed in rear yards only and shall be at least ten (10) feet from any residence. Schools, Churches, Universities, Colleges, Hospitals, Nursing Homes, City And County. The height, location and placement of fences by the foregoing entities may be altered, subject to prior written approval of the Planning and Zoning Commission. However, sight triangles at any intersection must be maintained pursuant to Section 4.6 of this Ordinance. Commercial And Industrial Zones. Any fence higher than thirty-six (36) inches cannot extend beyond the line of the existing buildings. In any set-back area bordering a street, the fence cannot be higher than 36 inches within the designated set-back from the property line to the front of a building. Frontages. The maximum height of any fence, wall, or other sight obscuring object within fifteen (15) feet of the public right-of -way shall be three (3) feet. Fences shall not be greater in height than eight (8) feet. Floodplain. No fence shall be constructed in the floodway without the approval of the Planning and Zoning Commission. Barbed Wire and Electric Fences. Barbed wire and electric fences shall not be erected or maintained within the City unless approved by the Planning and Zoning Commission. Maintenance. Fences shall be maintained in a good state of repair. Compliance with Section 4-6. The height provisions of this section on fences shall not be construed to permit any structure, fence, wall, shrub, hedge, or sight obscuring object to exist in violation of Section 4-6 of this Ordinance. Parking of Vehicles in Residential Zones The purpose of this section is to protect and enhance property value, to retain the open character of a residential zone, and to protect health and safety by regulating the parking of vehicles within residential neighborhoods of the City. Parking of Recreational Vehicles. No person shall park or allow the parking of any recreational vehicle in the clear sight triangles required by Section 4-6 of this Ordinance. In a residential zone, no person shall park or allow the parking of any recreational vehicle in any front yard or a side yard facing a public street for a period of no more than four (4) consecutive days and a cumulative of thirty (30) days in a calendar year. (Amended the 20th day of October, 1993; Ordinance No. 753.) Parking of Automobiles. No person shall park or allow the parking of any automobile, van, pickup truck, or motorcycle in any front yard located in a residential zone except in a designated driveway. No more than forty (40) percent of the front yard shall be covered with asphalt, or gravel. The operation of this section shall be suspended during any period of a snow alert declared by the Mayor. Parking areas shall not be constructed in the clear vision areas as vehicles are considered a temporary obstruction for vehicular traffic. Storage of Commercial Vehicles and Manufactured Homes in Residential Zones. 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. Unoccupied mobile homes and manufactured homes shall not be stored upon private property in any residential zones. Exception to Setback Requirement When fifty (50) percent or more of the lots on the same side of the street have been built, all buildings erected, established, or rebuilt shall be in conformity with the averaged setback of such buildings. 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. In all Residential Zones all buildings erected, established, or rebuilt shall be required to place sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit. In new residential subdivisions the front yard setback may be changed to twenty (20) feet. In all zones the area between the curb and gutter and the sidewalk is to be landscaped. Home Occupations In order to provide for home occupations that are secondary to the use of the premises as a residence and are compatible with the quiet, peaceful nature of a residential neighborhood, no home occupation shall be permitted without the prior issuance of a conditional use permit or home occupation permit or license as required by the type of home occupation desired. Home Occupation Requirements. Permitted Uses. In all residential zones, home occupations in compliance with the following regulations are permitted as accessory uses. A home occupation which meets 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, who shall reside on the premises, and provided the home occupation does not constitute a significant impact on the neighborhood. A home occupation shall be conducted entirely within a dwelling and shall not occupy more than twenty percent of the floor area of the residence. There shall be no storage of equipment, vehicles, or supplies associated with the home occupation outside the dwelling. There shall be no display of products visible in any manner from the outside of the dwelling. 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. No advertising signs shall be permitted. No one other than members of the immediate family residing in the home shall be employed in the conduct of a home occupation. The use shall not create greater pedestrian or vehicular traffic than normal for the neighborhood. The use shall not require additional off-street parking spaces for clients or customers of the home occupation. 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. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than vans regularly involved in commercial delivery such as United Parcel Service, Federal Express, or the United States Postal Service. The applicant may use his/her personal vehicle, provided it does not exceed three quarter (3/4) ton, for deliveries. 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. 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. 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. 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. Examples of home occupations permitted under this section shall include but not be limited to painting, sculpturing, writing, sewing and tailoring, individual tutoring, computer programming, home crafts without on premise sales, secretarial service, telephone solicitation work and answering services, and home cooking, baking and preserving. Under this section, a family child care may have up to five (5) children at any one time. The care of additional children shall require a conditional use permit under paragraph B. below. If the home occupation is the type in which classes are held or instruction is given to more than one 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 two sessions shall be held daily. Conditional Uses. Home occupation which do not comply with the regulations under subsection A above may be permitted in all residential zones only if a conditional use permit is secured pursuant to Section II, chapter 6.13. Such home occupations shall comply with the following regulations: A home occupation which has a conditional use permit shall be conducted entirely within the dwelling or an accessory structure. More than the equivalent of twenty-five percent of the floor area of the residence shall not be associated with the home occupation. There shall be no storage of equipment, vehicles, or supplies associated with the home occupation outside the dwelling or accessory building. Unless permitted under the conditional use review process, there shall be no sales of products or services not produced on the premises. There shall be no display of products visible in any manner from the outside of the dwelling. 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. No one other than the residents of the dwelling shall be employed in the conduct of the home occupation. The use shall not generate additional pedestrian or vehicular traffic beyond that normal to the district in which it is located. 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. 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. 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 shall be limited to five deliveries per week. No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m. No equipment or process shall be used in a home occupation which creates noise, glare, vibration, fumes, or odor detectable to the normal senses off the property. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or cause fluctuations in line voltage off the premises. Violation of Standards. If a home occupation permittee violates any of the above standards as applicable, the home occupation permit may be revoked upon written notice to the applicant, and the conduct of the home occupation shall cease. To contest the revocation, the applicant shall appeal to the Planning and Zoning Commission within fifteen (15) days of the date of the written notice. Manufactured homes. Allowing new manufactured housing. New manufactured housing units are permitted in the HDR, MDR and LDR2-3, RR1-2, and TAG1-2 zones on individual lots under specific conditions. Conditions. The home shall be at least twenty-four feet (24') in width. It shall have a none-glare, wood shake, or asphalt roof with a minimum slope of 3/12 and a minimum six inch (6") eaves. 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. The home shall be placed on a permanent foundation that complies with the Building Code for residential structures. The hitch, axles, and wheels must be removed, and the foundation, and foundation fascia must be similar in appearance and durability to the masonry foundation of site built buildings. Meeting the Conditions. Mobile homes and manufactured homes that do meet the conditions immediately above are also permitted in established or approved mobile home courts and mobile home subdivisions. RESERVED Commercial Design Standards Design standards have been adopted by the City of Rexburg to promote high quality development and growth. 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. In addition, design standards will promote a more interesting City and better create a “sense of place.” A community with an expectation of high quality development will attract businesses and employers that feel the same about their companies thus perpetuating a higher quality community that promotes quality business. Below are those standards which have been indentified to enable developers, architects, land owners, and the general public to anticipate and plan for building within the City. Understanding these standards and applying them initially will ensure a shortened approval process. Structures 25,000 sq. ft. and greater. Introduction. Large Scale Commercial Developments should implement projects with an overall community design in mind, thus the need exists for Commercial Design Standards to be in place to ensure developments are coordinated into the overall community presentation. Background and Justification. The basis for all development within our Community is set forth in the Development Code, Subdivision Regulations, and the Comprehensive Plan. The Development Code for the City of Rexburg states that the purpose of the Ordinance is to promote the general welfare by establishing and regulating zoning districts. The purpose of these standards is to augment the existing criteria contained in the current commercial zones and those contained in the Development Code and Subdivision Ordinance, with more specific interpretations that apply to the design of large scale commercial developments. These standards require a basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of negative impacts. Procedure. The following standards are intended to be used as a design aid by developers proposing large commercial developments and as an evaluation tool by the city staff and the Planning and Zoning Commission in their review processes. These standards shall apply to all projects, which are processed according to the criteria for proposed development plans and to all projects for commercial establishments of 25,000 square feet and greater located in the City of Rexburg’s Commercial Districts. These standards do not directly apply to the Central Business District as that particular zone has its own individual specific requirements. These standards are to be used in conjunction with the Subdivision Ordinance and other City development Regulations. Definitions Articulate – to give emphasis to or distinctly identify a particular element. An articulated façade would be the emphasis of elements on the face of a wall including a change in setback, materials, roof pitch or height. Breezeway – a structure for the principal purpose of connecting a main building or structure on a property with other buildings. Building Face, Front – any building face, which can be touched by a line drawn perpendicular to 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 public entry. 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. Façade- Portions of a building that are visible from private or public roads, and walkways, but not including alleys. Fenestration- The arrangement of windows in a buiding to provide interior light: also used as decorative elements in a facede. Large Scale Commercial Structures- Structures that are 25,000 square feet in size and larger. This includes commercial retail and business office buildings. 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 on auto access. The buildings/structures are generally located close to the public or private right-of-way and the main entrance(s) is 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 or parking lot/driving aisle. Public/Private Right of Way – any public or private road, access easement intended to provide public access to any lot/development, but excluding any service road or internal driving aisles (i.e., within parking lots). Design Standards Aesthetic Character Facades and Exterior Walls INTENT: 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. The intent is to encourage a more human scale that residents of Rexburg-Madison County will be able to identify with their Community. The resulting scale will ensure a greater likelihood of reuse of structure by subsequent tenants. STANDARD: Developments with facade over 100 feet in linear length shall incorporate wall projections or recesses a minimum of two (2) foot depth and a minimum of 20 contiguous feet within each 100 feet of facade length that is visible from a city street, public way, or any facility or parking lot used by the general public and shall extend over 20 percent of the facade. Developments shall use animating features such as arcades, display windows, entry areas, or awnings along at least 60 percent of the facade.  Smaller Commercial Stores INTENT: The presence of smaller commercial stores gives a center a friendlier appearance by creating variety, breaking up large expanses, and expanding the range of the site’s activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. The standards presented in this section are directed toward those situations where additional, smaller stores, with separate, exterior customer entrances are located in the principal buildings or development site. STANDARD: Where principal buildings contain additional, separately owned stores, which occupy less than twenty-five thousand (25,000) square feet of gross floor area, with separate, exterior customer entrances: The street level facade of such stores shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60 percent of the horizontal length of the building facade of such additional stores. Windows shall be recessed and should include visually prominent sills, shutters, or other such forms of framing.  Expression of Architectural or Structural Bay Roofs INTENT: Variations in roof lines should be used to add interest to, and reduce the massive scale of large buildings. Roof features should compliment the character of adjoining neighborhoods. STANDARD: 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 100 linear feet in the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. Alternating lengths and designs may be acceptable and can be addressed during the preliminary development plan.  Materials and Colors INTENT: Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods. STANDARD: Predominant exterior building materials shall be high quality materials. These include, without limitation: Brick Wood Sandstone Other native stone Tinted, textured, concrete masonry units Stucco, EIFS, Dryvit Materials that are designed to appear as wood (excluding vinyl) Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent. Predominant exterior building materials as well as accents shall not include the following: Smooth-faced concrete block Tilt-up concrete panels Pre-fabricated steel panels Vinyl Siding Entryways INTENT: Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. The standards identify desirable entryway design features. STANDARD: Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: canopies or porticos overhangs recesses/projections arcades raised corniced parapets over the door peaked roof forms arches outdoor patios display windows architectural details such as tile work and moldings which are integrated into the building structure and design integral planters or wing walls that incorporate landscaped areas and/or places for sitting  Site Design and Relationship to the Surrounding Community. Entrances INTENT: 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. Multiple entrances also mitigate the effect of the unbroken walls and neglected areas that often characterize building facades that face bordering land uses. STANDARD: All sides of a principal building that directly face an abutting public or private right-of-way shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public or private rights-of-way, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a secondary street. The number of entrances for the principal building shall be addressed at the preliminary development plan stage. Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements.  Example of a development with customer entrances on all sides which face a public street. Parking Lot Orientation/Visual Mitigation INTENT: 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. STANDARD: No more than 60 percent of the off-street parking area for the entire property shall be located between the front facade 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 plantings and/or berms. INTENT: Parking areas should be visually buffered from the adjoining streets. Minimize the visual impact of off street parking. STANDARD: Fences, hedges, berms and landscaping shall be used to screen parking areas. 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 the winter months. Back and Sides INTENT: 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. Any back or side of a building visible from a public or private right-of-way shall be built in accordance with Article I. The Planning and Zoning Commission may waive this requirement as part of an agreed upon development plan. STANDARD: The minimum setback for any building facade shall be in accordance with the requirements for all commercial zones, except Central Business District. Where the facade faces adjacent residential uses an earthen berm shall be installed, no less than 6 feet in height, containing at a minimum, a double row of evergreen or deciduous trees planted at intervals of 15 feet on center. Additional landscaping may be required by the Planning and Zoning Commission to effectively buffer adjacent land use as deemed appropriate. Any and all additional landscape requirements of all of the Commercial zones, except Community Business Center, shall apply. Outdoor Storage, Trash Collection, and Loading Areas INTENT: Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, should be screened, recessed or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than forty (40) feet apart, or on those sides of buildings that do not have customer entrances. STANDARD: Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights-of-way. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public thoroughfare or street, public sidewalk, or internal pedestrian way. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and designs of screening walls and/or fences shall conform to those used as predominant materials and colors of the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the buildings. Temporary sales/displays, such as Christmas trees, landscape materials, and fireworks, shall follow all outdoor requirements for all of the Commercial zones, except Central Business District, as described in the Development Code. Location and time/duration of such sales/displays shall be reviewed and approved by the Community Development Director or appointed designee. Pedestrian Flows INTENT: Pedestrian accessibility opens auto-oriented developments to the neighborhood, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds. STANDARD: Sidewalks at least 5 feet in width (six (6) feet in width where vehicle overhang will occur) shall be provided along all sides of the lot that abut a public or private right-of-way, excluding interstates. The Planning and Zoning Commission may waive this requirement as part of the development agreement. Continuous internal pedestrian walkways, no less than five (5) feet in width (six (6) feet in width where vehicle overhang will occur), shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50 percent of their length. Sidewalks, no less than five (5) feet in width (six (6) feet in width where vehicle overhang will occur), shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located an average of six (6) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. However, entry/exit doors shall not be allowed to encroach upon the required sidewalk width when opened. All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Signs shall be installed to designate pedestrian walkways. Central Features and Community Spaces INTENT: Buildings should offer attractive and inviting pedestrian scale features, spaces and amenities. Entrances and parking lots should be configured to be functional and inviting with walkways conveniently tied to logical destinations. Bus stops and drop-off/pick-up points should be considered as integral parts of the configuration. 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. The features and spaces should enhance the building and the center as integral parts of the Community fabric. STANDARD: Each commercial establishment subject to these standards shall contribute to the establishment or enhancement of Community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkways, outdoor play area, kiosk area, water feature, clock tower, steeple, or 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. 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. Although Rexburg and Madison County’s public bus system is limited at present, areas should 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.)  Example of a center with numerous special features and Community spaces Building Reuse and Maintenance Plan, Development Agreement Required Applications for large scale commercial structures or establishments shall include a reuse and maintenance plan that will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or relocation by the original occupant. Such plan will be approved if the Planning and Zoning Commission finds that: The plan conforms to the City's growth policy and the requirements of this title or parts thereof for the municipality as a whole; and A sound and adequate financial program exists for the financing of said redevelopment; and The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the municipality; and The reuse plan provides a maintenance plan for normal repairs and upkeep of property, including but not limited to building, parking lots and surfacing, landscaping, signage, and elimination of "ghost signage." The City may enter into a development agreement with the owner of the real property and undertake activities, including the acquisition, removal, or demolition of structures, improvements, or personal property located on the real property, to prepare the property for redevelopment. A development agreement entered into in accordance with this section must contain provisions obligating the owner to redevelop the real property for the specified use consistent with the provisions of this title and offering recourse to the City if redevelopment is not completed as determined by the City. B. Structures less than 25,000 sq. ft. Introduction. Small Scale Commercial Developments should implement projects with an overall community design in mind, thus the need exists for Commercial Design Standards to be in place to ensure developments are coordinated into the overall community presentation. Background and Justification. The basis for all development within the City of Rexburg is set forth in the Development Code and the Comprehensive Plan. The Development Code for the City of Rexburg states that the purpose of the Ordinance is to promote the general welfare by establishing and regulating zoning districts. These standards require a basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of negative impacts. Procedure. The following standards are intended to be used as a design aid by developers proposing small commercial developments and as an evaluation tool by the city staff and the Planning and Zoning Commission in their review processes. These standards shall apply to all projects, which are processed according to the criteria for proposed development plans and to all projects for commercial establishments of 25,000 square feet or less located in the City’s commercial zones. These Standards do not apply in the Central Business District. These standards are to be used in conjunction with the Subdivision Ordinance and other City development regulations. Design Standards Aesthetic Character Facades and Exterior Walls INTENT: Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of commercial buildings and provide visual interest that will be consistent with the community’s identity, character, and scale. The intent is to encourage a more human scale that residents will be able to identify with their Community. The resulting scale will ensure a greater likelihood of reuse of structure by subsequent tenants. STANDARD: Developments with facade over 60 feet in linear length shall incorporate wall projections or recesses a minimum of 2 foot depth and a minimum of 8 contiguous feet within each 60 feet of facade length and shall extend over 20 percent of the facade. All sides of a structure clearly visible from a public street, pubic way, or any facility or parking lot used by the general public shall be so treated. Developments shall use animating features such as arcades, display windows, entry areas, or awnings along at least 60 percent of the facade.  Smaller Commercial Stores INTENT: The presence of smaller commercial stores gives a friendlier appearance by creating variety, breaking up large expanses, and expanding the range of the site’s activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. The standards presented in this section are directed toward those situations where additional, smaller stores, with separate, exterior customer entrances are located in the principal buildings or development site. STANDARD: Where principal buildings contain additional, separately owned stores, which occupy less than twenty-five thousand (25,000) square feet of gross floor area, with separate, exterior customer entrances: The street level facade of such stores shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 40 percent of the horizontal length of the building facade of such additional stores. Windows shall be recessed and should include visually prominent sills, shutters, or other such forms of framing.  Expression of Architectural or Structural Bay Roofs INTENT: 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. STANDARD: 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 100 linear feet in the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. Alternating lengths and designs may be acceptable and can be addressed during the preliminary development plan.  Materials and Colors INTENT: Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods. STANDARD: Predominant exterior building materials shall be high quality materials. These include, without limitation: Brick Wood Sandstone Other native stone Tinted, textured, concrete masonry units Stucco, EIFS, Dryvit Material that are designed to appear as wood (excluding vinyl) Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited. Building trim and accent areas may feature brighter colors, including primary colors, neon tubing shall not be an acceptable feature for trim or accent. Predominant exterior building materials as well as accents shall not include the following: Smooth-faced concrete block Tilt-up concrete panels without mitigating surface treatment Pre-fabricated steel panels Entryways INTENT: Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. The standards identify desirable entryway design features. STANDARD: Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: canopies or porticos overhangs recesses/projections arcades raised corniced parapets over the door peaked roof forms arches outdoor patios display windows architectural details such as tile work and moldings which are integrated into the building structure and design integral planters or wing walls that incorporate landscaped areas and/or places for sitting  Parking Lot Orientation/Visual Mitigation INTENT: 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. STANDARD: No more than 60 percent of the off-street parking area for the entire property shall be located between the front facade 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 plantings and/or berms. INTENT: Parking areas should be visually buffered from the adjoining streets. Minimize the visual impact of off street parking. STANDARD: Fences, hedges, berms and landscaping shall be used to screen parking areas. 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 the winter months. Back and Sides INTENT: 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. Any back or side of a building visible from a public or private right-of-way shall be built in accordance with Article I. The Planning and Zoning Commission may waive this requirement as part of an agreed upon development plan. STANDARD: The minimum setback for any building facade shall be in accordance with the requirements for all Commercial zones, except Community Business Center. Where the facade faces adjacent residential uses an earthen berm shall be installed, no less than 6 feet in height, containing at a minimum, a double row of evergreen or deciduous trees planted at intervals of 15 feet on center. Additional landscaping may be required by the Planning and Zoning Commission to effectively buffer adjacent land use as deemed appropriate. Any and all additional landscape requirements of all the all Commercial zones, except Central business District, shall apply. Outdoor Storage, Trash Collection, and Loading Areas INTENT: Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, should be screened, recessed or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than 40 feet apart, or on those sides of buildings that do not have customer entrances. STANDARD: Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights-of-way. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public thoroughfare or street, public sidewalk, or internal pedestrian way. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and designs of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors of the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the buildings. Temporary sales/displays, such as Christmas trees, landscape materials, and fireworks, shall follow all outdoor requirements for all the Commercial zones, except Community Business Center, as described in the Development Code. Location and time/duration of such sales/displays shall be reviewed and approved by the Community Development Director or appointed designee. Pedestrian Flows INTENT: Pedestrian accessibility opens auto-oriented developments to the neighborhood, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds. STANDARD: Sidewalks at least 5 feet in width shall be provided along all sides of the lot that abut a public or private right-of-way, excluding interstates. The Planning and Zoning Commission may waive this requirement as part of a development agreement. Continuous internal pedestrian walkways, no less than 5 feet in width (six (6) feet in width where vehicle overhang will occur), shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50 percent of their length. Sidewalks, no less than 5 feet in width (six (6) feet in width where vehicle overhang will occur), shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located an average of six (6) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. However, entry/exit doors shall not be allowed to encroach upon the required sidewalk width when opened. All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Signs shall be installed to designate pedestrian walkways. Central Features and Community Spaces INTENT: Buildings should offer attractive and inviting pedestrian scale features, spaces and amenities. Entrances and parking lots should be configured to be functional and inviting with walkways conveniently tied to logical destinations. Bus stops and drop-off/pick-up points should be considered as integral parts of the configuration. 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. The features and spaces should enhance the building and the center as integral parts of the Community fabric. STANDARD: Each commercial establishment subject to these standards shall contribute to the establishment of pedestrian and public spaces by providing at least one of the following: patio/seating area pedestrian plaza with benches transportation center window shopping walkways outdoor play area kiosk area water feature clock tower, steeple or, other such deliberately shaped area and/or a focal feature or amenity that adequately enhances such Community and public spaces. 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. Commercial Lighting Standards Purpose. 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 by reducing glare and large variations in lighting levels. Excessive light or light pollution, can be annoying, cause safety problems, and reduce privacy. Uniformity of lighting reduces the need for human adaptation to varying brightness levels and visual discomfort and enhances security and safety. In order to effectively regulate these activities, communities are empowered to establish regulations and standards for all outdoor lighting. This Section contains standards and guidelines to preserve, protect, and enhance the night sky in the City of Rexburg; This Section, and any rules, regulations and specifications hereafter adopted, is initiated for the following purposes: To promote and protect the public health, safety and welfare. To preserve, protect, and enhance the natural beauty of the “Night Sky”. To encourage and promote the conservation of energy resources. To promote safety and security for persons and property, drivers and pedestrians. To maintain and enhance property values. To adopt clear standards for all outdoor lighting and to inform the public of those standards. To implement the goals and objectives of the Comprehensive Plan. To eliminate light trespass onto abutting properties. To promote appropriate business. To enhance community identity. Scope and Applicability. This section shall apply to all new lighting that is installed within the jurisdiction of this development code. For lighting that existed prior to the lighting ordinance (2/16/2005 Original Adoption of Ordinance 926), see the below section addressing Abatement for Nonconforming Outdoor Lighting, which provides a timeline for existing lighting to come in to conformance. Interpretation. Greater Restrictions Prevail. In their interpretation and application the provisions of this section shall be considered as minimum requirements. Where the provisions of this Section impose greater restrictions than any statute, other regulations, ordinance or covenant, the provisions of this Section shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provision of this Section, the provisions of such statute, other regulation, ordinance or covenant shall prevail. Severability of Parts. The various sections, subparagraphs, sentences, phrases and clauses of this Section are hereby declared to be severing able. If any such part of this Section is declared to be invalid by a court of competent jurisdiction or is amended or deleted by the City Council, all remaining parts shall remain valid and in force. Definitions. Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Section. Words used in the present tense include the future; the singular includes the plural; the word “shall” is mandatory and not directory; the word “may” is permissive. Words used in this Section, but not defined herein, shall have the meaning first as defined in any other ordinance adopted by the City of Rexburg and then its common, ordinary meaning. Area Light. Light that produces over 1800 lumens and is designed to light an exterior space. Area lights include, but are not limited to, street lights, parking lot lights and yard lights. Downlighting. Fully shielded light that is directed in such a manner as to shine light rays only below the horizontal plane 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. Foot-candle (fc). The American unit used to measure the total amount of light cast on a surface (illuminance). For example, the full moon produces .01 foot-candles. foot-candles are measured with a light meter. Full cut-off luminaires. An industry recognized term meaning a luminaire designed and installed such that no light is emitted at or above the horizontal, and limited light (100 candela per thousand lamp lumens) is emitted everywhere between horizontal and 10 degrees below horizontal. Fully shielded. The luminaire and its mounting, taken as a whole, allow no direct light above the horizontal. Glare. Stray light striking the eye that may result in: Nuisance or annoyance glares such as light shining into a window. Discomfort glare such as bright light causing squinting of the eyes. Disabling glare such as bright light reducing the ability of the eyes to see into shadows. Reduction of visual performance. Height (of light). The height shall be measured from grade to the lamp center or flat-lens surface, whichever is lower. Holiday lighting. Strings of individual lamps, where the lamps are at least three inches apart and the output per lamp is not greater than fifteen (15) lumens. Illuminance. The amount of light falling on any point of a surface measured in foot-candles or lux. Measurements are taken at ground level with sensor parallel to the ground for horizontal illuminance and measured at 5 feet above ground with sensor perpendicular to the ground for vertical illuminance. See also Maintained Illuminance and Light Loss Factor. IESNA. Illuminating Engineering Society of North America (IES or IESNA). The professional society of lighting engineers. IESNA Recommended Practices. The current publications of the IESNA setting forth illuminance levels and other lighting practices. Lamp. The generic term for an artificial light source, to be distinguished from the whole assembly (see Luminaire). Commonly referred to as “bulb”. Light loss factor (LLF). A factor by which the rated initial illuminance is multiplied to determine the Maintained Illuminance. LLF includes factors for Lamp Lumen Depreciation and Luminaire Degradation. A 0.9 or greater Luminaire Degradation factor should be used unless another factor can be justified because of unusual degradation conditions. Lamp Lumen Depreciation is based upon manufacturers’ data. Light trespass. Unnecessary light from one property or public space falling on another property or public space. 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, Luminaire. The complete lighting unit, including the lamp, the fixture, and other parts. Maintained illuminance. The condition just prior to a time when luminaire cleaning and lamp replacement is necessary. Standards and Criteria. Shielded Fixtures. All outdoor lighting shall be fully shielded. Full cutoff lights are required. Color. Color corrected high-pressure sodium (white light) lamps are encouraged in commercial and public applications, however metal halide or fluorescent lamps may be permitted for applications where there is need for good color rendition that is necessary to the function, such as retail sales lots. Light Trespass. All light fixtures, including security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the light source. Care shall be taken to assure that the direct illumination does not fall onto or across any public or private street or road. Freestanding luminaires that are closer to the property boundary than 3 times the height of the lamp above grade shall use an asymmetrical light distribution or shall be fitted with a cutoff shield (also known as house-side shields) such that the illuminance at the property boundary is less than 1/20 of the maximum from said luminaire. All bright lighting shall be turned off after 11:00 P.M. except to conclude a specific event that is underway. Lighting of Flags. The lighting of Federal or State flags shall be permitted provided that the light is a narrow beam with a lumen output of less than 1300 candles. The external beam shall minimize light trespass and/or glare. Downlighting of flags is encouraged. Lowering flags at sunset to avoid the need for lighting is encouraged. Canopy Lighting. Canopy lighting shall be flush with the under surface of the canopy. Conformance with Applicable Codes. All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this Section, Building Codes, the Electrical Code, and Sign Ordinance, with appropriate permits and inspection. Roadway/Streetlights. Full cut off. All new lighting for highways and streets shall be full cutoff. Light Source. As per the City Engineer. Height. Streetlights shall not exceed 25 feet in Height except where deemed necessary for public health and safety and upon recommendation by the Director of Public Works. Parking Lots. Height. Height of parking area lights should be in proportion to the building mass and height, and shall be no more than 25 feet. Maximum initial horizontal illuminance. Maximum initial horizontal illuminance at any point within shall not exceed 4 foot-candles. Initial horizontal illuminance shall not exceed 0.2 foot-candles at the property boundary abutting residential properties. Parking Lot Lighting. Parking lot lighting shall comply with all other requirements of this Section. Recreation Areas. Type of Lighting. All recreation lighting shall be fully shielded, or be designed or provided with sharp cutoff capability, so as to minimize up-light, spill light, and glare. Turn Off Time. All recreational lighting shall be turned off within thirty (30) minutes of the completion of the last game, practice, or event. In no case shall recreational lighting occur after 11:00 P.M. except to conclude a specific sporting event that is underway. IESNA Certificate. All new recreational lighting fixtures shall meet the recommended standard illumination levels for recreational lighting as established by the Illuminating Engineering Society of North America (IESNA). Service stations and retail sales lots. Metal Halide Lamps. Metal halide lamps are permitted. Car Dealerships. Maximum horizontal initial illuminance shall be 5-10 foot-candles at the roadway and 2-5 elsewhere. (reference: IESNA RP 33-99 table 7, secondary business districts and small towns). All bright non-security lighting shall be turned off after 11:00 P.M. Service Stations. Average initial horizontal illuminance shall be no greater than 5 foot-candles in the pump area and 2 foot-candles elsewhere. (Reference IESNA Recommended Practice RP-33-99, Table 8, dark surroundings). Residential Lighting. For all residential luminaires with an output greater than 1000 lumens (equivalent to a 60 watt incandescent bulb) the following requirements shall apply. Bare Bulb Light Fixtures. Bare bulb light fixtures are prohibited. The lamp shall be diffused or shielded so that it can’t be seen from public areas or roadways or any other property. Security Lighting. Security lighting shall be fully shielded and shall be set on a time or motion detector that shuts lighting off after a reasonable increment of time. Private Facilities. Private sport court facilities shall use fully shielded fixtures and shall not use the lights after 11:00 P.M. Signs. Signs, including directional, project entrance; free standing, building, and monument signs shall comply with the following requirements: Shielded. All lighting fixtures shall be aimed and shielded so that light is directed only onto the sign façade. The lamp shall not be visible from streets, roads, or properties. Mounting. Lighting fixtures shall be mounted so as to light the sign. Maximum. A maximum of 5 foot-candles average over the sign surface is permitted. Signs in residential zones. Signs that abut residential zones shall be designed, placed, and landscaped in such a manner so that the lighting does not trespass onto residential properties. The light shall be confined to the surface of the sign. Externally illuminated signs. Externally illuminated signs shall be downlighted. Internally illuminated signs shall have a dark or opaque background. Exempt Lighting. The following lighting shall be exempt from the provisions of this Section: Holiday lighting from November 1 to January 15. Traffic control signals and devices. Temporary emergency lighting in use by law enforcement or government agencies or at their direction. Temporary lighting, used for a period not to exceed thirty (30) days in any one year period for festivals, celebrations, or other public activities. Temporary construction lighting used for a period not to exceed thirty (30) days in any one year period. Residential luminaires with an output less than 1000 lumens (equivalent to a 60 watt incandescent bulb) regardless of the number of lamps. However, such luminaires shall not be used for building accent. Sensor activated luminaires, provided: It is located in such a manner as to prevent glare and lighting onto properties of others or into a public right-of-way. The luminaire is set to go on only when activated and to go off within five minutes after activation has ceased. This type of lighting is only intended for very low pedestrian traffic areas and only to increase the perception of safety. If any complaints are made against such lighting, the Planning and Zoning Commission shall review the complaint and issue an intepretation The luminaire shall not be triggered by activity off the property. Prohibited Lighting. The following lighting shall be prohibited except as provided in Subsection 13 Exempt lighting: Unshielded Lighting. Unshielded lighting for any purpose is prohibited. Flashing, Blinking, Intermittent Lights. Flashing, blinking, intermittent lights or other lights that move or give the impression of movement, is prohibited. Building mounted lights. Spotlights may not be affixed to buildings for the purpose of lighting parking lots or sales display lot areas. Searchlights, Floodlights, etc. Searchlights, floodlights, laser source lights, strobe, or flashing lights, illusion lights, or any similar high intensity light shall be permitted only with the issuance of a 48-hour temporary use permit. Any time beyond a 48-hour time period may be permitted by the issuance of a Conditional Use Permit approved by the Planning and Zoning Commission. Abatement of Nonconforming Outdoor Lighting. Abatement Required. Nonconforming lighting (lighting that does not conform to this Section but existed at the time of the adoption of this Section) shall be brought into compliance, unless otherwise exempted by this Section, pursuant to the abatement schedule contained in this Section. Schedule of Abatement. All legally existing, nonconforming outdoor lighting shall be brought into compliance by the property owner as follows: As a condition for approval upon application for a building permit, sign permit, conditional use permit, or similar City of Rexburg permit. All damaged or inoperative non-conforming lighting shall be replaced or repaired with lighting equipment and fixtures that comply with this Section. All existing outdoor lighting that requires the re-aiming of a lamp bulb or bulbs shall be brought into conformance with this Section within ninety (90) days from the date of the adoption of this Section (February 2005). All existing outdoor lighting that requires shielding of a lamp bulb or bulbs shall be brought into conformance with this Section within five (5) years from the date of the adoption of this Section (February 2005). Any dusk-to-dawn security or barnyard type lights emitting over 5000 initial lumens, installed prior to the adoption of this Section shall be fully shielded within five (5) years of the adoption of this Section (February 2005). All outdoor lighting not previously scheduled for abatement or otherwise exempted shall be brought into conformance with this Section within ten (10) years from the date of the adoption of this Section (February 2005). Non-complying streetlights that do not meet the requirements of this Section shall be brought into compliance as part of the City of Rexburg’s Capital Facilities Improvements Plan within ten (10) years of the date of this Section (February 2005). Review Procedures. Lighting Plans Required. All commercial building plans, commercial sign permit applications, conditional use permits, and subdivision applications shall include a detailed lighting plan that shows evidence that the proposed lighting fixtures and light sources comply with this Section. Lighting Plans shall include the following: Plans or drawings indicating the proposed location of lighting fixtures, height of lighting fixtures, and type of illumination devices, lamps, supports, shielding, and reflectors used along with installation and electrical details. Illustrations, such as those contained in a manufacturer’s catalog, of all proposed lighting fixtures. Photometric data, such as that furnished by manufacturers, showing illumination levels in wattage and lumens per lamp and lighting fixture, product specifications and IES formatted photometry files for said product. Photometric Layout. The following information must be provided: Rated Initial Lamp Lumens. Lamp Lumen Depreciation (LLD). Luminaire Dirt Depreciation (LDD) A value of 0.9 or greater should be used, absent approved justification for another value. Luminance (for streetlighting applications only). Initial and maintained horizontal and vertical Luminance within the site and to 20 feet beyond the property boundary, maxima, minima, uniformity ratios. Small Target visibility (for street lighting applications only). Location, orientation, height, luminaire specifications, lamp specifications for all exterior lights. Approval Procedure. Small Scale Applications. Lighting plans for developments of one (1) acre or less shall be approved by the City of Rexburg’s Public Works Director or designee. New Development. New development applications shall include a detailed lighting plan that will be approved as part of the development approval in compliance with the City of Rexburg’s Subdivision Ordinance, the conditional use permit, or the building permit. Signs Applications. Sign applications shall include a detailed lighting plan that will be approved as part of the sign application approval. Compliance with this Section. All lighting approvals shall be granted only in compliance with this Section. Suspension, revocation, or modifications to the Lighting Plan. The Public Works Director may suspend, revoke, or require modification of any lighting plan that is not in compliance with this Section. Lamp or Fixture Substitution. If any outdoor light fixture 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 Public Works Director for approval. Adequate information to assure compliance with all codes must be provided and the change request must be received prior to substitution. 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. Enforcement. The City of Rexburg’s Planning and Zoning Commission is authorized as the enforcing agency for this Section, and shall enforce all provisions. Planned Unit Development (PUD) Purpose. It is the purpose of this section to allow residential planned unit developments in several residential zones to allow a more flexible approach to land development than that which is normally accomplished through the subdivision and zoning ordinances of the city. The planned unit development approach is intended to provide more desirable environments by encouraging creative site planning and building designs; to make possible greater diversification between buildings and open spaces; and to conserve land and natural resources and minimize development costs. The planned unit development approach, however, 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. Planning and Zoning Commission and City Council Authority. The Planning and Zoning Commission shall make a recommendation to the City Council to either approve, approve with conditions, or disapprove planned unit developments in any residential or commercial zone, or any combination of them, subject to the provisions of this section. The City Council shall have the authority to approve, approve with conditions, or disapprove planned unit developments in any residential or commercial zone, or any combination of them, subject to the provisions of this section. Pre-Application Conference. Prior to filing an application for a planned unit development, the applicant shall review the preliminary master plan with the Planning and Zoning Commission and City Council or designated representative at a pre-application conference. The purpose of the pre-application conference is to inform the city of the nature of a likely PUD application at an early date and to provide the potential applicant with information on what will be needed to make an application complete. Uses Permitted. All uses that are permitted within the underlying zoning, also, up to ten percent (10%) 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; provided, that there is a favorable finding by the Commission: That the uses are appropriate with the residential uses; That the uses are intended to serve principally the residents of the PUD; That the uses are planned as an integral part of the PUD; That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and That a minimum of fifty percent (50%) of the residential development occurs prior to the development of the related commercial or industrial uses. Minimum Area. A PUD for the following principal uses shall contain an area not less than: Three (3) acres for residential development. Five (5) acres for residential use with subordinate commercial or industrial uses. Ten (10) acres for commercial use. Ten (10) acres for industrial use. Variations to Underlying Zone Permitted. Upon combining the PUD zone with an appropriate existing zone, variations from the development standards of said underlying zone may be permitted provided the variations are specifically adopted as part of the approved project plan or approved supporting documents. Variations, however, shall not include changes in the permitted uses allowed by the zone with which the PUD zone has been combined, except to the extent set forth herein. 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:  Notwithstanding the foregoing provision, in no event shall the number of residential units exceed the number of units per developable acre in the PUD that could be achieved, without a density bonus, by conventional development of the property in the zone with which the PUD is proposed to be applied. Such maximum number of residential units shall be reasonably determined by the Planning and Zoning Commission using development criteria and ordinance requirements applicable to the zone which the PUD is proposed to be combined with. Development proposal must adhere to currently adopted street and right-of-way cross section standards. Density Determination. 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. Land devoted to 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. Minimum Performance Standards. A planned unit development established under the provisions of this ordinance shall conform to the standards and requirements of this section. General Standards. Single Ownership or Control. 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. Mere development agreements between individual shall not satisfy this requirement. Individual ownership, partnerships, corporations, and other legally recognized entities are acceptable. Scope of Plan. A plan for the development of a planned unit development shall cover the entire area proposed for development. Upon approval the development shall be strictly in accordance with the plan. Areas not proposed for development shall be designated as open space and shall conform to minimum landscaping requirements of this Chapter. Design Team. The final development plans shall be prepared by a design team composed of an architect, a landscape architect, and an engineer or land surveyor, all licensed to practice in the State of Idaho. 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. Utilities. All utilities shall be placed underground, including telephone, electrical, and television cables. Dwelling units under separate ownership shall have separate utility metering, unless otherwise approved by the Public Works Department. Phasing. If the project is to be done in phases, no remnant parcels shall be created. Any land not proposed for development shall be designated as open space. Water Conservation. 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. A minimum of PVC schedule 40 or equivalent shall be used for main lines and under driveway areas, and a minimum of PVC schedule 200 or equivalent shall be used for lateral lines. Compatibility Standards Refuse Bins. Refuse bins shall be stored in screened enclosures which are architecturally compatible in style and materials with the character of the development. Bins shall be located so they are not visible from outside circulation routes, and so they do not restrict vehicular movement or parking. Glare Reduction. Exterior lighting shall be designed such that the light source will be sufficiently obscured to prevent excessive glare into any residential area. Common Open Space. Required Common Open Space. A minimum of ten percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. Dedication of Land for Public Use. A required amount of common open space land reserved under a PUD shall either be held in corporate ownership by the owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements or right-of-way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or other similar purpose and approved by the Commission. Maintenance. The responsibility of the maintenance of all open space shall be specified by the developer before approval of the final master plan. Clustering. Property developed under the PUD approach should be designed to abut common open space or similar areas. A clustering of dwellings is encouraged. 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 15% of the required open green space. Common Activity Areas. At a minimum, open green space shall include either a playground with play equipment or pathways with benches and tables through a natural or planted landscaped area. Subdivided, one-family lots shall provide developed common activity area at a ratio of 1,000 square feet per lot Landscaping Per Unit. A minimum of three (3), one and one-half (1.5) inch caliper deciduous trees or four (4) foot 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. Landscaping in the park strip in the street right-of-way shall have a unified design theme in PUD subdivisions. 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. 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. The placement and types of deciduous trees shall take into consideration use of the trees for summer cooling and winter solar access. Evergreen trees should be used as windbreaks, screening, and accent plantings. Water Conservation. The majority of new plant material used for landscaping the development should be water conserving plants. The landscaping design shall locate plant materials in similar water usage demand zones to insure proper irrigation coverage and reduce wasteful irrigation coverage and reduce wasteful watering. Native plants are preferred. 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. The amount of density bonus shall be determined by the type of Bonus Density Design Requirements incorporated in the development proposal. In no case shall the density bonus exceed the maximum density (per net developable acre NDA) allowed for the zone in which the development occurs according to the following chart:  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 Chapter and shall assign density points as applicable. The additional units per acre allowed above the base density for the PUD shall be determined by multiplying the total number of density bonus points by the density coefficient of the underlying zone. This figure is the additional number of units per acre allowed above the base density. This number when added to the base density will determine the total density per acre for the project; provided that the number shall not exceed the maximum density allowed in the zone. (Example: The project is in an LDR2 zone and the design is awarded 75 bonus points. 75 x .0121 = 0.91 additional units per acre. 0.91 + 3.63 (base density) = 4.54 maximum units per acre for the development.) The density coefficient for each underlying zone and the total amount of points needed for the maximum density are listed below:  Density Bonus Design Requirements. If greater density is requested above the base density, a PUD development shall comply with one or more of the following bonus density design requirements depending upon the desired density increase. The Planning and Zoning Commission shall review and determine if the proposed design complies with the intent of the design requirement before the points are granted. The density bonus points for each individual design component are in parentheses at the end of each requirement. In order to receive a density bonus, the development shall have received bonus density points from at least one design component in each of the following categories: energy efficiency, building design, design theme, parking areas, landscaping, and open green space. A design component cannot be used to obtain points in more than one category. The density bonus design requirements are as follows: Energy Efficiency Insulation. All dwellings and main buildings shall have R-19 wall insulation and R-38 ceiling insulation. (Up to 10 points) Solar Design. All dwellings are designed with an active or passive solar feature. The solar feature shall be a solar water heater, trombe wall, earth insulation of a majority of the walls, the building designed so that the main exposure faces south and has windows to allow solar access, or other features as approved by the Planning and Zoning Commission. (Single feature per unit throughout the entire project, up to 20 points. Combination features per unit throughout the entire project, up to 30 points) Development achieves a Leadership in Energy and Environmental Design (LEED) certification for Neighborhood Development through the U.S. Green Building Council (USGBC). (Up to 40 points) Building Design. Materials. All facades of each dwelling structure, exclusive of windows or doors, are clad in long-lasting, high quality materials as appropriate for the approved architectural style. Examples of such materials are stone, brick, stucco, horizontal wood siding, wood board and batten siding, wood shingles, etc. Facsimiles such as cementious hardboard (for horizontal siding) and faux stone (for real stone) will be considered on a case by case basis. (Up to 20 points) Roof Materials. Roof materials should also be appropriate to the style. All roofs of main buildings are clad with wood shingles, metal standing seam roofs, tile, or slate shingles. Other high quality products may be considered on a case by case basis. (Up to 15 points) Design Theme Installed Landscaping. Landscaping is designed and installed along all streets of the development according to a theme which provides units and interest. (Up to 20 points) Theme Lighting. Theme lighting is used throughout the development for street lighting, lighting of walkways, parking areas, entrances, and building exteriors. (Up to 15 points) Fencing. Perimeter fencing is used throughout the project that matches the building design, i.e., masonry columns or piers using the same brick or stone as the buildings. (Up to 10 points) Special Features. Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong theme for the development and are utilized in highly visible locations in the development. (Up to 20 points) Shared Theme. Wide range of housing, e.g. apartments, condos, medium density, low density, and mixed use share an architectural and landscaped theme. (Up to 20 points). Parking Areas Screening. Parking lots of 20 or more stalls are screened from view by means of berming or landscaping around the perimeter of the parking lot. (Up to 20 points) Landscaped Islands. Parking lots of 20 or more stalls or a continuous row of parking over 90 feet in length has a landscaped island(s) which provides landscaping at a ratio of 1 square foot of landscaping per 13 square feet of hard surface. (Up to 15 points) Shade Trees. Areas with 5 or more uncovered parking stalls are designed to include minimum 2 inch caliper trees located in such a manner as to shade 50% of the parking area upon maturation of the trees. (Up to 15 points) Permeable Surfaces. Surfaces for parking and maneuvering other than the public right-of-way using materials such as grasscrete, or similar are utilized in appropriate locations. Material and installation details must be reviewed and approved by the City Engineer. (Up to 15 points) 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) For any non-residential buildings or multi-family residential buildings that are part of the proposal, provide bicycle parking spaces, including sheltered parking, equivalent to 10% of the total automobile parking on site. Bicycle parking must be within 50 feet of the entrance to the building that it services. Recreational Amenities Active Recreation. The PUD includes a recreational amenity primarily for the use of the residents of the development. Amenities may include swimming pools, sports courts, spas, barbecue and picnic facilities, or other features as approved by the Planning and Zoning Commission. The Planning and Zoning Commission may determine the points based on the cost of the amenity, its benefit to the residents of the development, its size and the number of amenities in the development. (Between 5 to 35 points) Common Building or Facilities. Development of a common building which shall be used for meetings, indoor recreation, day care, or other common uses as approved by the Planning and Zoning Commission. RV parking facilities may also be considered with this design feature. (Up to 20 points) Park Dedication. Dedication of land for public park, public access along a stream, or public access along a planned trail. The City must be willing to accept the proposed dedication before points are awarded. (Public access up to 15 points. Public Park up to 40 points) Construction of Trail or Park. Construction according to City standards of trail or park which has been dedicated to the City according to item number (c) above. (Trail 15 points, public park 40 points) Riparian Areas. Riparian areas along rivers and streams are preserved with natural and native landscaping to encourage continued use of these areas as wildlife corridors. (Up to 15 points) Landscaping Extra Trees. Design and planting more than the minimum number of trees, shrubs, and perennials per dwelling unit in the development. (Up to 20 points) Soften Fence Appearance. Areas which are to be screened use a solid non-see-through wood or masonry fence and landscaping which acts to soften the appearance of the fence. Landscaping may be vines, shrubs, or trees. (Up to 15 points) Open Green Space Designed Plan. Open green space is designed (not left over space between buildings) and flows uninterrupted through the entire development linking dwellings and recreation amenities. (Up to 25 points) Multiple Use. Storm water detention facilities are designed and used for multiple purposes which blend with the overall theme of the open space design i.e., shape of the area is free flowing, the grading and landscaping are carried out in such a manner that the use as a detention pond is not discernible. (Up to 20 points) Native Plants. Native plants are used for common open space elements. (Up to 15 points) Drought Tolerant Plants. Drought tolerant plants are used for common open space elements. (Up to 10 points) Public Streets. All streets within the development are open to public use, but privately maintained. (Up to 25 points) Housing. Mixed housing types, e.g. apartments, condos, medium density, low density, and mixed use are incorporated in the development with the intent to allow aging in place and appropriate mixes of socioeconomic groups. (Up to 40 points) Preliminary Master Plan Application. Following a pre-application conference, an applicant may submit a preliminary master plan to the City for review. The preliminary master plan, which must include a drawing showing the layout of the proposed planned unit development, must contain the following information: Proposed name of the planned unit development; Date, north point and scale of drawing; Appropriate identification clearly stating that the drawing is a preliminary planned unit development master plan; Location of the planned unit development by section, township and range; a legal description sufficient to define the location and boundaries of the proposed planned unit development tract; and the tract designation or other description according to the real estate records of the county assessor; A vicinity sketch map at a scale of one inch equals four hundred feet showing adjacent property boundaries and land uses; Names and addresses of legal owners of properties within five hundred feet of the tentative planned unit development boundaries, excluding streets, unless the City is able to provide this information ; The following: Location, widths and names of all existing streets or other public ways within or abutting the planned unit development, Contour lines having the following minimum intervals: Two-foot contour intervals for ground slopes less than ten percent, and Five-foot contour intervals for ground slopes ten percent or greater. Contours shall be based on contour maps provided by the city or other data approved by the city engineer, Location of at least one 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). 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 inches (approximately twenty-five inches in circumference) or more measured at a point fifty-four inches above the base of the trunk on the uphill side. The plan must identify those water courses, natural features and areas of trees meeting the described criteria which are to remain and those which may be altered or removed. A vicinity sketch map at a scale of one inch equals four hundred feet showing adjacent property boundaries and land uses; Names and addresses of legal owners of properties within five hundred feet of the tentative planned unit development boundaries, excluding streets, unless the City is able to provide this information; The following: Location, widths and names of all existing streets or other public ways within or abutting the planned unit development, Contour lines having the following minimum intervals: Two-foot contour intervals for ground slopes less than ten percent, and Five-foot contour intervals for ground slopes ten percent or greater. Contours shall be based on contour maps provided by the city or other data approved by the city engineer, Location of at least one 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), 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 inches (approximately twenty-five inches in circumference) or more measured at a point fifty-four inches above the base of the trunk on the uphill side. The plan must identify those water courses, natural features and areas of trees meeting the described criteria which are to remain and those which may be altered or removed, Proposed streets, including location, widths and approximate radii or curves, Location of existing and proposed easements on the site or abutting property, showing the width and purpose of each easement, The types of housing proposed within the PUD, the approximate location or locations proposed for each type of housing, and the approximate housing density proposed at each location, Sites, if any, allocated for: Churches, Parks, schools, playgrounds, Public buildings, Open space, Area coverage of existing and proposed structures, lots, streets or other development. Supplemental Preliminary Master Plan Information The applicant also shall submit the following information to supplement the preliminary master plan. This information can be submitted in separate statements accompanying the preliminary master plan: Proposed restrictions to be filed in the county deed records, in outline form, such as deed restrictions, conditions, covenants and restrictions, and home owners’ association agreements. The outline restrictions shall identify the time at which the restrictions will be filed in the county deed records; generally who will have authority to enforce the restrictions; specifically which restrictions, if any, are proposed to be enforceable by the city; the time at which the restrictions will become enforceable; and which restrictions, if any, will not be subject to amendment without the consent of the city; Approximate locations and anticipated grades of all streets. Typical cross sections of the proposed streets showing widths of roadways, curbs, location and widths of sidewalks and the location and size of utility mains; Approximate plan of proposed sanitary sewers, storm drains, storm water detention and drainage pre-treatment facilities and the water distribution system; A general description of property intended to be dedicated to the city or public, other than street right-of-ways, including proposed dedication restrictions; Maximum potential number of residential units, calculated as follows: Determine residential development area as follows: subtract from gross area any area allocated for churches, schools, and public buildings, Divide residential development area (excluding public and private streets and areas with slopes of 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; Proposed number of residential units; An approximate tabulation of all dwelling units by type; A narrative description of the planned unit development and the manner in which it meets the purpose set out in subsection A of this section; A statement describing the present and proposed ownership; A preliminary landscape plan, covering both areas to retain undisturbed their natural vegetation and areas to be re-landscaped; A circulation plan and traffic impact analysis identifying likely circulation patterns for and traffic impacts from traffic generated by the development including patterns and impacts within the development, in the area surrounding the development, and in other affected areas of the city; A statement whether the applicant proposes to submit the final master plan for review as a single master plan or in phases; a statement of the date or dates by which the applicant proposes to submit the final master plan or final master plan phases for review; and a statement of the date or dates by which the applicant anticipates that the development and related improvements or each phase thereof will be substantially completed. Determination that Preliminary Master Plan is Complete. Following submission or resubmission of a preliminary master plan, City staff shall determine whether the plan is complete pursuant to the submittal requirements of subsections M and N of this section. The determination of staff shall be in writing and, if the application is determined to be incomplete, shall be provided to the applicant with a description of the additional material required to make the application complete. Review of Complete Preliminary Master Plan. Following submission of a complete preliminary master plan, City staff 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. Planning and Zoning Commission and City Council Consideration of Preliminary Master Plan. Following receipt of comments on the preliminary master plan from City staff and other affected governmental agencies, the Planning and Zoning Commission shall review the plan and comments in public hearings following the procedures the same as conditional use permit and shall commend to the City Council either approval with conditions, or disapproval of the preliminary master plan. The Planning and Zoning Commission shall state its decision and its reasons in writing. The Planning and Zoning Commission's consideration of the preliminary master plan shall be subject to the following: The commission shall recommend and the Council shall approve, or approve with conditions, the plan if it finds that the plan, either as submitted or with conditions, meets all of the following criteria. The commission shall recommend and the Council shall disapprove the plan if it finds that the plan, either as submitted or with conditions, does not meet any one or more of the following criteria. 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; and undeveloped land in the surrounding area can be developed in a manner substantially compatible with the proposed planned unit development. 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. In order to ensure that the development will be compatible with land use patterns in and requirements of the city at the time of approval of a final master plan, the Planning and Zoning Commission shall recommend and the Council shall establish an expiration date for the preliminary master plan approval, not sooner than two years after approval of the preliminary master plan; may impose conditions requiring that a final master plan or phases thereof be submitted for commission review within a specified period or periods of time, not sooner than one year after approval of the preliminary master plan; or may impose conditions requiring commission and Council re-evaluation of as yet unbuilt portions of the development, for conformity with then-existing city zoning ordinance requirements in relation to then-existing conditions, not sooner than five years after approval of the preliminary master plan, and at such periodic intervals of not less than five years thereafter as the commission and Council deems appropriate to ensure conformity. Construction of the development can be accomplished in a manner that does not create unreasonable negative impacts on the area surrounding the development or in the city. In order to assure the avoidance or mitigation of negative construction impacts on the area surrounding the development or in the city, the Planning and Zoning Commission and Council may impose conditions including but not limited to: Requirements that removal of existing landscaping during construction be limited to areas of the planned unit development to be constructed shortly following removal and to portions of those areas on which construction will occur; Prohibitions of open burning on the site during construction; Prohibitions of open burning on the site during construction; Restrictions on construction noise; and Restrictions on construction traffic. The development will 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 impacts, the Planning and Zoning Commission may require the filing of restrictions in the county deed records including but not limited to restrictions: Prohibiting the removal of specified landscaping; and Prohibiting open burning during construction. 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. Street, water, sewer, drainage and drainage pre-treatment, storm water detention and other similar facilities proposed to be constructed as part of the development are adequate to provide for the health, safety and welfare for the population densities and the type of development proposed. The proposed number of residential units does not exceed the maximum permitted number of residential units; and at least twenty 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. 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. 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. An application for an extension shall be subject to all of the procedures set out in subsections C through P of this section, including but not limited to the requirement of a hearing before the Planning and Zoning Commission, except that the application materials required to be submitted shall be only such materials supplementing the original application as are needed to demonstrate that an extension will meet the criterion for an extension established by this subsection. 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. An application for modifications shall be subject to all of the procedures set out in subsections C through P of this section, including but not limited to the requirement of a hearing before the Planning and Zoning Commission and consideration by the City Council, except that the application materials required to be submitted shall be only such materials supplementing the original application as are needed to identify the proposed modifications and to demonstrate that the modifications will meet the criterion for modifications established by this subsection. Procedure Following Expiration of Preliminary Master Plan. If an approved preliminary master plan expires, whether as to the entire area proposed for development or as to as yet unbuilt portions of the development, then a complete new application must be submitted prior to reconsideration. An application for reconsideration shall be treated as an original application and shall be subject to all of the procedures set out in subsections C through P 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. 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.  Planning and Zoning Commission and City Council Consideration of Final Master Plan. Following preliminary master plan approval, and prior to issuance of a development permit and commencement of development, a final master plan must be submitted to and approved by the Planning and Zoning Commission. The final master plan may be submitted in development phases; provided, that: Each phase can exist as a separate entity capable of independently meeting all requirements and standards of this section and of the underlying zones in which the PUD is located; or Prior to the development of any phase that will not exist as such a separate entity capable of independently meeting the requirements and standards, restrictions enforceable by the city and in a form approved by the city have been filed in the county recorder’s office, such as conditions, covenants and restrictions. The restrictions shall be applicable to other areas of the planned unit development not yet proposed for development, and shall be sufficient to assure that: The area within the phase proposed for development, when combined with the area not yet proposed for development, as subject to the deed restrictions, can exist as a combined entity capable of independently meeting the requirements and standards, The phase has met any applicable re-evaluation requirement imposed during the preliminary master plan approval process, and The separate development of phases will not be detrimental to the total development nor to the adjacent properties in the event the remainder of the development is not completed. The final master plan must be in sufficient detail to allow the Planning and Zoning Commission to determine whether the final master plan is consistent with the preliminary master plan and whether the final master plan meets all conditions applicable to the preliminary master plan. In addition, the final master plan shall include: 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; Detailed water, sewer, drainage and drainage pre-treatment, storm water detention and street system plans, including: Central line profiles showing finished grades of all streets, Cross sections of proposed streets showing widths of roadway, curbs, locations and width of sidewalks and location and size of utility mains, Profiles of sanitary sewer, street drainage, drainage pre-treatment, storm water detention and water distribution systems, showing pipe size and location of valves and fire hydrants, all to conform to city and state standards standards, The estimated cost of street, sewer, drainage and drainage pre-treatment, storm water detention, water, and other public infrastructure improvements within the planned unit development. The Planning and Zoning Commission shall make a recommendation to, and the Council shall approve, or approve with conditions, the final master plan if it is determined that the plan meets all of the following criteria. The commission shall disapprove the final master plan if it finds that the plan, either as submitted or with conditions, does not meet one or more of the following criteria: The plan is consistent with the preliminary master plan and all conditions applicable to it; All utility systems and landscaping conform to city and state standards or are approved by the city engineer; and If the final master plan is for a phase of the total planned unit development, the criteria for phasing stated in subsection of this section will be met. Requirements Following Final Master Plan Approval. 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. Except as provided in subsection Q of this section, proposals to make changes in the final master plan after it has been approved shall be considered the same as a new PUD application and shall be permitted only in accordance with all of the procedures set out in this section, including but not limited to the requirement of a hearing before the Planning and Zoning Commission, except that the application materials required to be submitted shall be only such materials supplementing the original application as are needed to identify the proposed changes and to demonstrate that the changed planned unit development will meet the criteria established by this section. 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 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 use, specific or general, described in the final master plan; and Do not change the location or amount of land devoted to specific land uses. 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. One extension of time may be granted, for good cause, by the Planning and Zoning Commission if such extension is authorized by the commission prior to the expiration of the one-year period, and provided such extension not exceed one additional year. No additional extensions may be granted. If a final PUD plat 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. Prior to commencement of development, the developer shall provide to the city an improvement agreement and financial security instrument as described in the City of Rexburg subdivision ordinance and shall obtain a development permit. CHAPTER 5: PARKING REGULATION Off-Street Parking and Loading Spaces Required Distance for Private Off-Street Parking Common Parking Facilities for Joint and Mixed Uses Loading Spaces Parking Plan Required Location of Parking Areas Required Parking for Land Uses Table 3 – Required Number Of Spaces Regulations for Central Business District Regulations for the University District Off-Street Parking and Loading Spaces Required Except as provided in Section 5-7, off-street and loading spaces conforming to the provisions of this Ordinance shall be provided in all districts when a building is constructed, erected or enlarged, when the capacity of a building or structure is increased, or when the use of the building or structure is changed and such change creates a fifteen (15) percent increase in parking required under this Ordinance. Distance for Private Off-Street Parking Required off-street parking shall be located within two hundred feet (200') of the primary entrance of the building. This distance shall be measured from along an accessible route that a pedestrian would use This section is not applicable in the University District. Common Parking Facilities for Joint and Mixed Uses Joint or mixed use of parking facilities shall be permitted as follows: Mixed Uses. Total requirements for off-street parking shall be the sum of the requirements for various uses within the development or structure. Joint Uses. The joint use of off-street parking facilities is allowed provided: The applicant shows there is no substantial conflict in the principal operating hours of the building, structure, or use for which the joint use of parking facilities is proposed. The parking facility for joint use is not further than two hundred feet (200') from the primary entrances of each use. The parties concerned shall submit a written agreement for such joint use approved by the City Attorney as to form and content, and such agreement, when approved, shall be recorded in the County Recorder’s Office. In the University District, the provisions of subsection (1) here of shall not apply, however, the University shall provide information which demonstrates that the parking facilities proposed to be considered for joint use, will lessen the demand for other parking facilities in the University District. Loading Spaces In addition to off-street parking required herein, all commercial and manufacturing uses in all the Commercial zones, except Community Business Center, shall provide adequate off-street loading and unloading areas. As a minimum, any building over ten thousand (10,000) square feet used for retail or wholesale trade shall provide one off-street loading space which shall not measure less than forty by twelve (40x12) square feet and shall have an unobstructed height of fourteen feet six inches (14' x 6"). Such loading space shall be made permanently available for loading and unloading and shall be surfaced with concrete or asphalt. Additional spaces may be required by the City Engineer or the Planning and Zoning Commission. Maneuvering for loading and unloading on the public rights-of-way, excluding alleys, shall be prohibited for all buildings constructed outside the CBD district after the effective date of this Ordinance. Office and other buildings that would not require large deliveries are not required to provide a loading space. Parking Plan Required Requirements. When a building or structure is constructed, erected or enlarged, when the capacity of a building or structure is increased, or when the use of a building or structure is changed and such change creates an increase of fifteen (15) percent or more in off-street parking requirements, a parking plan shall be submitted to and approved by the City Engineer. The plan shall show all parking spaces and their dimensions, access aisles, and entrances and exits to the site. The parking plan may be combined with the landscape plan required under Section 6-9. Parking provided shall conform to the following standards: Each required off-street parking space shall be at least nine (9) feet in width and at least twenty (20) feet in length (18 feet in parking structures), exclusive of access drive and aisles. Parallel parking spaces shall be a minimum of nine (9) feet wide by twenty-two (22) feet long. Up to twenty-five (25) percent of the spaces may be allocated for compact cars with a minimum stall width of eight (8) feet and length of sixteen (16) feet (15 feet in parking structures). Spaces for compact cars shall be signed or otherwise designated and shall be located in rows separate from parking for larger vehicles. For student housing, forty (40) percent of the parking areas may be allocated to compact cars. All aisles designed for two-way circulation and all aisles designed to serve ninety degree parking shall be at least twenty-four (24) feet in width (22 feet in parking structures). Aisles designed for one-way circulation shall be thirteen (13) feet wide when serving thirty (30) degree parking, fifteen (15) feet wide when serving forty-five (45) degree parking, and eighteen (18) feet wide when serving sixty (60) degree parking. 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. All parking areas shall be surfaced with asphalt or concrete. No parking spaces shall be located in the clear sight triangle provided in section 4-6 or immediately adjacent to an exit to a public right-of-way. 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 No parking area, except those designed for single-family homes, shall be designed or constructed to create a situation in which vehicles back into the public right-of-way. Townhomes or row houses shall be designed to provide rear loading driveways and garages, rather than utilizing the front yard. Or, provide a parking lot that meets all applicable standards for the underlying zoning. 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 of sixty (60) feet of an intersection with an arterial street. All parking areas for more than four (4) vehicles shall dedicate the equivalent of ten (10) percent of the parking area to landscaping and snow storage. The landscaping may be interior or may be peripheral. It shall include groundcover and trees. Parking spaces along the outer boundary of a parking lot shall be contained by high-back curbing or a bumper rail so placed to prevent a vehicle from extending over an adjacent property. Wheel stops 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. Location of Parking Areas Parking spaces and maneuvering areas shall not be permitted in the required front yard, such yards shall be dedicated to landscaping. Driveways in commercial zones (excluding mixed-use zones) may encroach into setback up to ten (10) feet. However, in LDR1 & LDR2 single-family structures shall be allowed one required parking place within the setback area per dwelling, in order to meet the parking requirement. Medium and high density zones (and zones that allow a medium to high density housing component, e.g. Mixed-Use) shall not be permitted to have any parking spaces or maneuvering areas located within a required front yard setback. Required Parking for Land Uses The minimum number of parking spaces to be provided under this ordinance shall be as provided below. Where a specific use is not listed, the Planning and Zoning administrator, in his or her professional judgment, shall make a determination on a parking standard to be applied based on a similar use, and/or available information from national studies or other communities’ parking standards. TABLE 3 – Required Number of Spaces Use Parking Spaces RESIDENTIAL Single-family dwellings 2 spaces per unit Multi-family dwellings 2.0 spaces per unit High Density Residential (HDR1 & HDR2 Zones, or zones with high-density housing provisions. Does not include dormitory, or non-family housing) 1 bedroom 1.5 spaces per unit 2 bedroom 2.0 spaces per unit 3 bedroom 2.0 spaces per unit Student housing 1 space per student Student housing located in the Pedestrian Emphasis Zone (PEZ) is subject to a Conditional Use Permit CUP Multi-family dwellings for the elderly 0.7 spaces per unit Nursing homes 0.25 per bed Motels and hotels (transient lodging) 1.00 per sleeping room plus 1.00 space per employee at the highest shift RETAIL TRADE Building materials, hardware and farm equipment (SLUC 52)1.00 per 1,000 square feet gross floor area General merchandise (SLUC 53)4.00 per 1,000 square feet gross floor area Food (non-restaurant) 3.00 per 1,000 square feet gross floor area Automotive, marine craft, aircraft,1.00 per 1,000 square feet gross floor area and accessories (SLUC 551 and 559) (Sales, does not include repair garages) Automotive, marine craft, aircraft, and3.00 per 1,000 square feet gross floor area accessories (SLUC 552 and 553) (sales and service) Furniture, home furnishings, and 1.00 per 1,000 square feet gross floor area equipment (SLUC 57) Shopping centers-mixed uses Under 200,000 square feet4.00 per 1,000 square feet gross floor area Over 200,000 square feet 5.00 per 1,000 square feet gross floor area Eating and drinking: Sit down restaurant: 10 spaces per 1000 square feet gross floor area Restaurant (CBD zone): 5 spaces per 1000 square feet gross floor area Fast food with drive-through- 0.33 spaces per seat (two (2) feet of bench equals one (1) seat) SERVICES Finance, insurance, real estate, 3.00 per 1,000 square feet gross floor area services (SLUC 61) Beauty and Barber services 6.00 per 1,000 square feet gross floor area (SLUC 61) All other (SLUC 62, except 623)3.00 per 1,000 square feet gross floor area Business services (SLUC 63,)??? 3.00 per 1,000 square feet gross floor area except 637) Travel services (SLUC 4924)3.00 per 1,000 square feet gross floor area Medical Clinic: 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.4.00 per 1,000 square feet gross floor area (SLUC 6511, 6512, 6517) Hospital services 2.00 per patient bed for expansions to current campuses (existing prior to 2008). Four (4) per patient bed for new hospital campuses. Doctor offices and all other medical services 3.00 per 1,000 square feet gross floor area and professional services (SLUC 6514, 6515, 6519) Contract construction services 2.00 per 1,000 square feet gross floor area (SLUC 66) Day Care, preschool 2.00 per teacher on largest shift Kindergarten, elementary, and junior high schools 2.00 per classroom High schools and colleges 1.00 per 4 persons (at maximum capacity) Religious facilities 1.0 per 4 seats or 8 feet of bench in main meeting room Civic, social, fraternal organizations 1.0 per 4 persons maximum occupancy All other services 3.00 per 1,000 square feet gross floor area MANUFACTURING All manufacturing 1.00 per 1,000 square feet gross floor area plus 3 per 1000 square feet of office, retail, or other public area. WAREHOUSING All warehousing 0.2 spaces per 1,000 square feet plus 3 per 1000 square feet of office, retail, or other public area. WHOLESALE TRADE Wholesale trade 2.00 per 1,000 feet gross floor area PUBLIC ASSEMBLY Theaters, sports arenas, and auditoriums 1.0 per 4 seats Indoor recreation facilities, 4.00 per 1,000 square feet skating rinks, dance halls, gross floor area game centers Raquetball, handball, and tennis courts 3.00 per court Bowling alley 7.00 per alley Health clubs and spas 5.00 per 1,000 square feet gross floor area Regulations for Central Business District The purpose of this provision is to recognize the historical pattern of development in the downtown area of the City and to accommodate the need for new development in the downtown area. Additional off-street parking will not be required for new uses in the Central Business District. Existing parking and loading facilities shall not be reduced or removed from the CBD by new or existing uses unless a variance is obtained from the Planning and Zoning Commission or substitute off-street parking is provided within two hundred feet (200') of the main entrance of the use. Regulations for the University District The University shall not be required to provide the minimum parking spaces required in subsection 5.8 hereof but shall be regulated in accordance with the University Parking Ratios as set forth below. In determining the ratio for this subsection, all parking spaces located upon the University Campus together with all on street parking where the University Campus occupies both sides of the street shall be included. The term Full Time Equivalent shall be as established in the BYU-Idaho Parking Study published in 2002. a. University Student Ratio: .20 Spaces per FTE Student. b. University Faculty Ratio: .585 spaces per FTE Faculty. c. University Staff Ratio: .585 spaces per FTE Staff. CHAPTER 6: ADMINISTRATIVE PROCEDURES Zoning Administrator Duties of the Zoning Administrator Planning and Zoning Commission Duties of the Planning and Zoning Commission Membership and Term of the Commission Organization of the Commission Meetings of the Commission Conflict of Interest Permits Required Certificate of Occupancy Variances Conditional Use Permits Amendments to this Ordinance Hearing Procedures Fees Appeal relating to area of city impact matter Enforcement 6.1 Zoning Administrator There is hereby created the position of City of Rexburg Zoning Administrator. The Zoning Administrator shall be appointed by the Mayor and confirmed by the City Council. The Mayor may appoint another officer of the City, including but not limited to the City Clerk, Community Development Director or the Building Official, to fulfill all or part of the duties of the Zoning Administrator. Duties of the Zoning Administrator The Zoning Administrator shall administer the provisions of this Ordinance, provide assistance to and guidance to the Commission and Council, and have the following duties: Advise interested persons of the Development Code provisions. Notify the news media regarding matters of public interest. Aid and assist applicants in the preparation and processing of applications. Review 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. In administering this ordinance, the P&Z Administrator may make interpretations of any part of this code, which interpretations are binding but may be appealed to the Community Development Director, the Mayor or the Planning and Zoning Commission. Shall serve as Chief Enforcement Officer of this Title, and carry out the enforcement authorities of The Commission under section 6.4.6 Duties of The Planning and Zoning Commission. Investigate violations of this Ordinance and notify in writing the person responsible for such violations, ordering the action necessary to correct such violation. The Zoning Administrator shall direct and administrate the efforts of any, and all, Field Service Officers assigned to the Administrator to assist him in performance of his duties of investigations, process services, and notifications, by The Director of Community Development Planning and Zoning Commission There is hereby created a Planning and Zoning Commission. The Planning & Zoning Commission is referred to in this Ordinance as the Commission. The Commission shall have the authority to consider and recommend to the Council ordinances, amendments thereto, and repeal of ordinances affecting zoning, planning, and building within the City of Rexburg. The Commission shall provide guidance and assistance to the Council, hold public hearings as required by law; shall grant or deny applications presented to the Commission; and shall make timely recommendations to the Council in all matters relating to this Ordinance in which the Council has final decision making powers. Any action taken by the Commission which will be final unless appealed, may be reviewed by the Council at their discretion, within twenty (20) days of commission action, if the Council believes there may be significant adverse impact as a result of Commission action. Duties of the Planning and Zoning Commission The Commission shall have the following duties as well as such others prescribed by law or assigned by the Council: Review all proposed amendments to this Ordinance and make recommendations to the Council. Initiate proposed amendments to this Ordinance. Conduct a comprehensive planning process designed to prepare, implement, review and update a Comprehensive Plan. Conduct a biannual review of this Ordinance and its implementation of the Comprehensive Plan. 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. Grant variances as authorized by this Ordinance and Idaho statutes. Complete site plan reviews as provided for in this Ordinance. The commission is authorized by the City of Rexburg and Madison County to administer and enforce all rules and regulations pertaining to the area of the city impact for the City of Rexburg as provided in Chapter 10 hereof. Membership and Term of the Commission The commission shall consist of eleven (11) members, seven (7) of whom shall reside within the city limits of Rexburg and be appointed by the Mayor and confirmed by the Council; three (3) members to be appointed who reside within the area of city impact defined in City Ordinance No. 825. The three residing in the area of impact shall be appointed one by the Mayor and the other two shall be appointed by the Madison County Commissioners. The Mayor shall ask and receive names of persons to serve on the Commission. The length of term is three (3) years. The terms shall be staggered. The seven members residing in the City shall have resided in Rexburg two years prior to appointment and must remain a resident of the City during service on the Commission. Vacancies occurring otherwise than through the expiration of terms must be filled in the same manner as the original appointment. A member appointed and fulfilling an unexpired term shall serve the remainder of the term. Members of the Commission may be removed for good cause by a majority vote of the full council. Members of the Commission may receive such mileage and per diem compensation as provided by the Council. In matters pertaining to the area of city impact, a vote of the three members residing in the area of city impact, in the aggregate, shall have the same weight as the vote of the remaining seven members of the Commission residing in the City of Rexburg, in the aggregate. Organization of the Commission The Commission shall elect a chairman and may create and fill any other office it deems necessary. The Commission may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out its responsibilities under this Ordinance. The Commission may appoint non-voting ex-officio advisors as deemed necessary. Meetings of the Commission The Chair shall preside at all regular meetings of the Commission which may be scheduled on the first and third Thursday of each month for no less than nine (9) months in a year. All meetings and records shall be open to the public and a record of all meetings, hearings, resolutions, studies, findings, permits, recommendations, and actions shall be maintained by the Commission. A quorum of the Commission shall consist of six (6) members. Conflict of Interest A member of the Commission shall not participate in any proceeding or action when the member, his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. An actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. Such disclosure shall be recorded in the minutes. Permits Required No person shall erect, construct, enlarge, alter, repair, move, convert, or demolish any building, sidewalk, driveway, carport, parking area or any other structure, without first obtaining a building permit for each building, sidewalk, driveway, carport, parking area or any other structure from the City. To apply for a permit, the applicant shall file an application with the Community Development Department. To provide the information necessary to determine compliance with the provisions of this Ordinance, the application shall require the following: Name, address, and phone number of applicant. Name, address, and phone number of owners of the property, if owner is not the applicant. Legal description of the property. Existing use. Proposed use. Zoning district. A site plan drawn to scale showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; the exact location and dimensions of the proposed building, sidewalk, driveway, carport, parking area or any other structure or alteration; the location, layout, and access of proposed on-site parking; and the location and type of landscaping, fencing, and screening proposed on the lot. Building heights. Number and dimensions of off-street parking spaces and loading berths. Proposed water and sewer facilities. Existing and proposed easements. Proposed storm drainage for multi-family and commercial and industrial developments. Applications subject to site plan review as described in Section 6.11 shall also include detailed drawings of all elevations (front, rear and sides) in order to demonstrate compliance with Section 4.13 of this Ordinance. Such other matters as may be necessary to determine compliance with City ordinances. Certificate of Occupancy It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, enlarged, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy has been issued by the Building Official. The Certificate should state that the proposed use of the building or land conforms to the requirements of this Ordinance and with all conditional provisions that may have been imposed. 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, 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. Required Findings. To approve a variance, the Commission must find, in writing, that the application for a variance fulfills all of the following conditions: The need for a variance results from physical limitations of the lot upon which the variance is requested which are not generally applicable to other properties in the same zone; Failure to approve a variance will result in undue hardship; The alleged hardship has not been created by the action of the applicant or the property owner; and Approval of the variance is not in conflict with public interest. Public Hearing. Prior to granting a variance, at least one public hearing shall be held to give interested persons an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the request shall be published in the official newspaper or paper of general circulation within the jurisdiction of the City. Written notice shall also be given to property owners adjoining the parcel under consideration. Supplementary Conditions and Safeguards. In granting any appeal or variance, the Commission may prescribe appropriate conditions and safeguards. The Commission may not grant a variance to permit a use not authorized under the terms of this Ordinance. Action by the Commission. Within sixty (60) days after the public hearing, the Commission shall either approve, conditionally approve, or disapprove the application for a variance. Upon granting or denying the permit, the Commission shall specify: The provisions of this Ordinance and Standards used in evaluating the application. The reasons for approval or denial. The actions, if any, the applicant should take to obtain a variance. Appeals. The applicant or any affected person may appeal the decision of the Commission to the Council by submitting a written appeal to the City Clerk within fifteen (15) days of the decision of the Commission. Application for a Variance. In addition to the information required under Section 6.9 above, the Commission may also require a narrative statement documenting that the request for a variance conforms to the standards of Section 6.12.A. above. Conditional Use Permits Pursuant to Idaho Code Section 67-6512, the Council and Commission may issue conditional use permits. Prior to issuing a conditional use permit, at least one public hearing shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the application shall be published in the official newspaper or paper of general circulation with the City of Rexburg. Notice shall be posted on the premises not less than one (1) week prior to the hearing. Notice shall also be provided to property owners within three hundred feet (300') of the boundaries of the property and any others that the Commission determines shall be substantially impacted by the proposed development. Application. In addition to the information required under Section 6.9 above, the Administrator may require a narrative statement discussing the general compatibility of the proposed development with adjacent properties and the neighborhood, the relationship of the proposed use to the Comprehensive Plan, and the effects of the following on the adjoining property: noise, glare, traffic generated, vibration, odor, fumes, drainage, building height, massing, and solid waste. The Commission or Council may require that the applicant conduct studies of the social, economic, fiscal, and environmental effects of the proposed use. Standards Applicable to Conditional Use Permits. The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will: Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. Be in accordance with a specific or general objective of the City’s Comprehensive Plan and the regulations of this Ordinance. 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. 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. Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. 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. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Supplementary Conditions and Safeguards. In granting a conditional use permit, the approving body may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to: Minimizing adverse impact on other developments. Controlling the sequence and timing of development. Controlling the duration of development. Assuring the development is properly maintained. Designating the exact location and nature of development. Requiring the provision for on-site or off-site public facilities of services; Requiring more restrictive standards than those generally required in this Ordinance. Action by the Commission/Council. Within sixty (60) days after the public hearing, the approving body shall either approve, conditionally approve, or disapprove the application. Upon granting or denying the permit, the approving body shall specify: The provisions of this Ordinance and standards used in evaluating the application. The reasons for approval or denial. The actions, if any, the applicant should take to obtain a conditional use permit. Appeals. The applicant or any affected person may appeal a final decision of the Commission on a conditional use permit application to the Council by submitting a written appeal to the City Clerk within fifteen (15) days of the decision of the Commission. Decisions of the Council may be appealed as provided in Idaho Code Section 67-6521. 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: Permits for parks. Permits for nursery schools, day care centers. Permits for churches, synagogues, and temples. Permits for funeral and crematory services. Permits for boarding houses. Permits for home occupations under Section 4.10 B. Permits for developments with four or less dwelling units. Permits for government buildings. Permits for household goods warehousing and storage. All other conditional use permits may only be granted after review and recommendation by the Commission and approval by the City Council. The Commission and the Council shall each hold a public hearing. Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated or not met there will be a 90 day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit. Amendments to this Ordinance The Council may, by ordinance, after receipt of recommendation from the Commission and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions and boundaries or classifications of property. Such amendments may include text amendments or map revisions. Initiation of Zoning Amendments. Amendments to this Ordinance may be initiated in one of the following ways: By adoption of a motion by the Commission. By adoption of a motion by the Council. By the filing of an application by a property owner or authorized agent within the area proposed to be changed by the amendment. Application for Rezoning. In addition to the information required under Section 6.9 above, the applicant shall provide the Zoning Administrator with the following information: Proposed zoning district. For map revisions, vicinity map showing the property lines, thoroughfares, existing and proposed zoning, existing land uses. A statement on how the proposed amendment relates to the Comprehensive Plan, availability of public facilities, and compatibility with the surrounding area and zoning. 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. Comprehensive Plan Amendment. If the request for zoning amendment is not in accordance with the Comprehensive Plan, the Commission shall consider and the Council may adopt or reject an amendment to the comprehensive plan after notice and hearings as provided in Section 67-6509, Idaho Code. Public Hearings. The Commission, prior to acting on a request for an amendment, shall hold at least one public hearing. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction of Rexburg. If the amendment is a map revision, additional notice shall be provided by mail to property owners or purchasers of record of land within three hundred feet (300') of the external boundaries of land being considered. Notice shall also be posted on the property to be rezoned not less than one (1) week prior to the hearing. When notice is required to two hundred (200) or more property owners or residents, notice of the proposed change and the hearing shall be published in the official newspaper once a week for two (2) consecutive weeks, with at least one of the publications being fifteen (15) days prior to the date set for hearing on the proposed change. Recommendation of the Commission. Within sixty (60) days of the public hearing, the Commission shall transmit its recommendation to the Council. The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied. In evaluating requests for amendments, the Commission shall consider, in addition to conformance with the Comprehensive Plan as required by Section 67-6511, Idaho code, the following: The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, and parks and recreational services. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. Recent changes in land use on adjoining properties or in the neighborhood of the map revision. Action by Council. The Council, prior to action on the amendment, shall hold one public hearing using the same notice and hearing procedures as the Commission. Upon granting, modifying, or denying a request for amendment, the Council shall specify: The provisions of this Ordinance and the Comprehensive Plan and other standards used in evaluating the application. The reasons for approval or denial. The actions, if any, the applicant should take to obtain an amendment of the Ordinance. Hearing Procedures The following shall be observed in the conduct of public hearings before the Planning and Zoning Commission and the Council: 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. The Administrator may require that those who wish to testify complete a sign-up sheet with name and address prior to giving testimony. No person shall be permitted to speak until such person has been officially recognized by the presiding officer. All public hearings shall be recorded electronically or stenographically and all persons testifying shall speak in such a manner to assure that the recorded testimony or remarks will be accurate and trustworthy. 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. At the conclusion of a speaker’s comments, each member of the hearing body may address questions to the speaker. If a time limit has been set, such questions and answers shall not be included in the time limit. The presiding officer may ask if any members of the hearing body have a conflict of interest prior to the conduct of the hearing and excuse those who have such a conflict. 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. The following are the steps in the hearing procedure: The chairperson shall announce the purpose and subject of the hearing. The chairperson may ask if any members have a conflict of interest and wish to be excused from this portion of the meeting. The chairperson shall ask the applicant to explain the proposal being considered. The chairperson shall ask the Community Develepment Staff member if there is any additional discussion needed for clarification. The chairperson shall entertain questions from the Commission members regarding the proposal. The chairperson shall ask for statements from others in the audience. After each statement, the chairperson shall ask for any questions from the Commission members. 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. 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. Fees Fees for permits issued under this Ordinance and requests for amendments to this Ordinance shall be set by the Mayor and City Council by resolution. 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. Appeal relating to area of city impact matter Any affected person may appeal a final decision of the Commission relating to matters arising within the area of city impact. 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. Any appeal from a decision pertaining to the area of city impact must be submitted by written notice to the Clerk of Commission within fifteen (15) days of the decision of the commission. The Planning or Zoning Administrator shall receive and direct, all appellate matters to the appellate authority of jurisdiction. Furthermore the Administrator shall schedule and coordinate all appeals hearings in regard to this Title. 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. 6.18.1 Enforcement policies and procedures shall be in compliance with the authorities and duties of The Planning and Zoning Administrator, acting as Chief Enforcement Officer for the Commission as provided by 6.2.6 and 6.2.7 of this title and chapter. CHAPTER 7: NONCONFORMING USES AND BUILDINGS Purpose Continuance Change of Use Maintenance and Repairs Restoration Discontinuance Nonconforming Lots of Record 7.1 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. 7.2 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. 7.3 Change of Use The nonconforming use of a building or land may not be changed except to a conforming use, and where such change is made, the use shall not thereafter be changed back to a nonconforming use. 7.4 Maintenance and Repairs Maintenance and repairs necessary to keep nonconforming uses in sound condition shall be permitted. Existing parking lots or areas that are non-conforming as to design and setbacks, shall comply with current regulations as feasible when the parking lot is re-constructed. This does not suggest that the parking lot shall increase the number of spaces, as this only occurs at the time of a change of use and as described in the Parking section of this code. 7.5 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. 7.6 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. 7.7 Nonconforming Lots of Record Discontinuance 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. However, if two or more lots or combinations of lots and portions of substandard lots with continuous frontage in single ownership are of record on the effective date of this Ordinance, and if all or part of the lots do not meet the requirements for lot width or area of the district, the lands involved shall be considered to be an undivided parcel for purposes of this Ordinance. 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. CHAPTER 8: THE CITY OF REXBURG IMPACT AREA Applicability Boundary Definitions Zoning Districts, Zoning Map, Zoning Tables, Land Use Schedules Applicability of Rexburg Development Code in Area of Impact Legal Description of Impact Area / Rexburg, Idaho Impact Area with Madison County Legal Description AREA OF CITY IMPACT 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. The purpose of this Chapter is to identify an area of city impact, considering such factor as: trade area; geographic factors; 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. Boundary Definitions The boundaries of the area of city impact are defined by separate ordinance. The boundaries and zoning classifications of the area of city impact are shown on the map entitled “Area of City Impact -- Rexburg, Idaho.” The map and all information shown thereon are by reference and made a part of this ordinance. The method for amending the impact boundaries shall be governed by Idaho Code, Section 67.6526 (d). Zoning Districts, Zoning Map, Zoning Tables, Land Use Schedules Zoning districts authorized in the area of impact comprise two specific categories: All existing zones listed in Section 3.1 of this ordinance and described in Chapter 3 hereof. These zones are hereafter referred to as “Chapter 3 zones.” Agriculture 1, (A-1); Agriculture 2, (A-2); and Rural Residential, (RR); Definitions of Zones. Chapter 3 Zones are defined and described in Chapter 3, paragraphs 3.4 through 3.15 hereof. Agricultural 1 (A-1) The Agriculture 1 zone is intended to anticipate expansion of the City into agricultural areas (lands) and to preserve agricultural production in those areas. Permitted uses in the A-1 Zone include all primary agricultural production activities and their accessory uses and buildings, including farm homes. No more than ten (10) livestock are permitted in an A-1 zone. 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. For the purposes of this chapter, “Feedlot” is defined as any area where one thousand (1,000) head or more of livestock are confined for a period of one year or more. The minimum size parcel shall be five (5) acres or more. Conditional Uses in the A-1 Zone include: Public and quasi-public recreation facilities and/or buildings. Home occupations. Cemeteries. Agricultural 2 (A-2) The Agriculture 2 zone is intended to anticipate expansion of the city into agricultural areas (lands) and to preserve agricultural production in those areas. Permitted uses in the A-2 Zone include all primary agricultural production activities and their accessory uses and buildings, including farm homes. Livestock is permitted in an A-2 Zone. However, this does not include such commercial enterprises or animal-related business such as a produce packing plant, 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 livestock, agricultural crops and/or pasture. The minimum size parcel shall be five (5) acres or more. Conditional uses in the A-2 Zone include: Public and quasi-public recreational facilities and/or buildings. Home occupations. Cemeteries. Rural Residential Zone (RR) The RR zone is established to protect stable neighborhoods of detached family dwellings on lots of one acre or more up to five (5) acres. The minimum lot width shall be 150 feet; the minimum front yard shall be 60 feet from the property line or 90 feet from the center line of the road, whichever is greater; the minimum rear yard shall be 30 feet from the property line; and the minimum side yard shall be six inches for every foot of building height with a 10 foot minimum. No structure shall be erected to a height greater than 30 feet to eave height, measured from natural grade at the building site. There can be only one single-family dwelling per lot. Household pets are allowed, no more than two domestic livestock for each acre used solely for said livestock shall be allowed. Installation of curb and gutter or a drainage facility approved in advance by the Planning and Zoning Commission shall be required. The maximum lot coverage by buildings, including the dwelling, shall be 50 per cent. “Direct Access Restricted Road” The Madison County Commission together with the Rexburg City Council shall designate certain roads and streets located within the Area of City Impact as “direct access restricted roads.” No lot or parcel of ground adjoining such designated roads or streets shall have direct access to such roads without the prior approval of the Rexburg Planning and Zoning Commission. 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. Said lots or parcels shall comply with the following requirements: Such lots shall reverse frontage on the designated “direct access-restricted road.” Such lots shall be buffered from the “direct access-restricted road by any effective combination of the following: Lot depth, earth berms, vegetation, walls or fences and structural sound proofing. 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. Whenever practical existing roadside trees shall be saved and used in the arterial buffer. 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. 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. Zoning Tables and Land Use Schedules: All Chapter 3 zones located within the area of city impact shall be subject to all zoning tables and land use schedules contained in Chapter 3 hereof. A-1, A-2, and RR zoning districts shall be subject to the zoning tables set forth in Chapter 10, page 84. A-1, A-2, and RR zoning districts shall be subject to the Land Use Schedules contained in Chapter 3 hereof. Applicability of Rexburg Development Code in Area of Impact Any Chapter 3 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-1, A-2 and RR zones shall be subject to the following Rexburg Development Code provisions: Chapter 1-- Title, Authority, Purpose and Intent Chapter 2--Definitions Chapter 3--Zone definitions Chapter 6--Administrative procedures Chapter 7-- General provisions The following specific sections of Chapter 4, 5 and 8 of this Development Code shall be applicable to the A-1, A-2 and RR zoning districts: 4.2 Yard Space for Principal Building (Applicable to RR only) 4.3 Sale of Lots Below Minimum Space Requirements 4.4 Accessory Buildings (Applicable to RR only). 4.5 Access to Public Street Required. The provisions of section shall apply to all zones, provided further that homes may not be constructed with direct access upon roads, streets or highways designated as “ direct access restricted roads”. If development along such roads is contemplated, then reverse frontage and controlled access shall be determined and regulated as provided in section 10.4.C.(4) hereof and as further provided by the Planning and Zoning Commission. 4.6 Clear View of Intersecting Streets. 4.10 Home Occupations. (Applicable to RR only) 4.11 Manufactured Homes. (Applicable to RR only) The provisions of Chapter 8, Nonconforming Uses and Buildings, shall be applicable to all zones within the area of city impact. The following provisions shall apply to A-1 and RR zones: 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. The Planning and Zoning Commission shall review the descriptions as submitted by a land owner, and together with the land owner determine an historic herd size for the parcel of land described. The record of historic herd size shall be kept by the City Clerk and shall be preserved for the purpose of determining existing land use on said lands as of February 15, 1995. In the event a landowner described in section 10.4.C (8) a. shall discontinue the use and maintenance of livestock on lands described and provided to the Planning and Zoning Commission for a period of five (5) consecutive years, when such use shall not be reestablished, and 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. 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. The Rexburg City Mobile Home Ordinance shall apply in the entire area of city impact. The Rexburg Subdivision Ordinance shall apply in the entire area of city impact area of city impact to all parcels or lots that are less than one acre in size. To the extent that the provisions of this Chapter pertaining to the area of city impact conflict with any other provisions of the Rexburg Development Code, the provisions set forth in this chapter shall govern with respect to Agriculture 1, Agriculture 2, and Rural Residential zoning districts. Legal Description of Impact Area / Rexburg, Idaho Impact Area with Madison County Legal Description Beginning at the Southeast Corner of Section 32, Township 6 North, Range 40 East, thence South 200'; thence West parallel to the Section lines to a point on the westerly right-of-way line of Highway US 20; thence northerly along the West right-of-way line of US 20 to a point that is on the South boundary of the N ½ of the NW ¼ of Section 25, said line is also the South boundary of the Lorin Widdison Addition; thence westerly along the South boundary of the Widdison Addition t the West boundary of Section 25; thence North along the Section line, said line also being the centerline of the Hibbard Highway to the NW Corner of the SW ¼ of the NW ¼ of Section 13, said line is also the South line of the J&M Subdivision; thence East along the 1/16 line to a point where the 1/16 line intersections the easterly right-of-way line of Highway US 20; thence northeasterly along the southern right-of-way line of US 20 to the Salem Highway. thence North along the Section line to the NW Corner of the SW ¼ of the SW ¼ of Section 8; thence East along the 1/16 line to the easterly right-of-way line of State Highway 33; Thence southwesterly along the easterly right-of-way line of State Highway 33 to the North line of Section 17; thence East along the North line of Section 17 to a point 200' East of the NE Corner of Section 17; thence South, parallel to the Section line to the North line of the S1/2 of the SW1/4 of Section 16; thence West 200' to the East line of Section 17; thence South along the Section line to the centerline of the South Fork of the Teton River; thence upstream easterly along the centerline of the River to the East line of the NW ¼ of Section 21; thence South along the ¼ line to the interior quarter Corner of Section 21; thence West along the ¼ Section line to the W¼ Corner of Section 21; thence South along Sections 20, 29, and 32 to the SE Corner of Section 32, said point being the POINT OF BEGINNING Excluding there from the area lying within the boundary that is currently within the existing City Limits of the City of Rexburg. RELATED ORDINANCES NOT INCLUDED IN DEVELOPMENT CODE CHAPTER 9: SUBDIVISION ORDINANCE CHAPTER 10: PLANNED RESIDENTIAL DEVELOPMENT – PRD (Ord. 854) CHAPTER 11: MOBILE HOMES (Ord. 548) CHAPTER 12: SIGNS IN REXBURG (Ord. 908) CHAPTER 13: CELL TOWERS (Ord. 915) Appendix  APPENDIX C: Master Land Use (SIC) Codes and Tables SIC Codes (Standard Industrial Codes) are numerical assignments designated by the U.S. Government to specify and categorize different types of businesses. 01-- Agricultural Production Crops 011- Cash Grains 0111 Cash Wheat Farms 0112 Cash Rice Farms 0115 Cash Corn Farms 0116 Cash Soybean Farms 0119 Cash Grain Farms 013- Field Crops, Except Cash Grains 0131 Cotton Farms 0132 Tobacco Farms 0133 Sugarcane & Sugar Beet Farms 0134 Irish Potato Farms 0139 Field Crop Farms 016- Vegetables And Melons 0161 Vegetable And Melon Farms 017- Fruits And Tree Nuts 0171 Berry Farms 0171a Cranberry Growers 0172 Grape Farms & Vineyards 0172a Vineyards 0173 Tree Nut Groves & Farms 0174 Citrus Fruit Groves & Farms 0174a Citrus Growers 0175 Deciduous Tree Fruit Orchards & Farms 0179 Fruit & Tree Nut Farms Orchards & Groves 018- Horticultural Specialties 0181 Ornamental Floriculture & Nursery Products 0181a Flower Growers & Shippers 0181b Seed & Bulb Growers 0182 Food Crops Grown Under Cover 0182a Mushroom Growers 019- General Farms, Primarily Crop 0191 Primarily Crop Farms 02-- Agricultural Production Livestock And Animal Specialties 021- Livestock, Except Dairy And Poultry 0211 Beef Cattle Feedlots & Stockyards 0212 Beef Cattle Farms & Ranches 0213 Hog Feedlots & Farms 0214 Sheep & Goat Farms 0219 General Livestock Farms 024- Dairy Farms 0241 Dairy Farms 025- Poultry And Eggs 0251 Poultry Farms & Ranches 0252 Egg Farms 0253 Turkey Farms & Ranches 0254 Poultry Hatcheries 0259 Poultry & Egg Farms 027- Animal Specialties 0271 Fur Bearing Animal Farms 0272 Horse & Other Equine Farms 0273 Animal Aquaculture 0273a Fish Farms 0279 Animal Specialties 0279a Bee Farms 029- General Farms, Primarily Livestock And Animal Specialties 0291 Primarily Livestock & Animal Specialty Farms 07-- Agricultural Services 071- Soil Preparation Services 0711 Soil Preparation Services 072- Crop Services 0721 Crop Cultivating Planting & Protection Services 0721a Crop Dusting Services 0721b Citrus Grove Crop Services 0722 Mechanical Crop Harvesting 0723 Crop Preparation Services For Market 0724 Cotton Ginning 074- Veterinary Services 0741 Livestock Veterinary Services 0742 Veterinary Services For Animal Specialties 0742a Animal Hospitals 0742b Veterinarian Emergency Services Veterinary 0751 Livestock Services Except Veterinary075- Animal Services, Except 0751a Artificial Insemination Services 0752 Animal Specialty Services Except Veterinary 0752a Dog & Cat Boarding Kennels 0752b Dog & Pet Grooming Services 0752c Horse Breeders 0752d Horse Training 0752e Animal Shelters 076- Farm Labor And Management Services 0761 Farm Labor Contractors & Crew Leaders 0762 Farm Management Services 0762a Citrus Grove Management 078- Landscape And Horticultural Services 0781 Landscape Counseling & Planning 0781a Land Planning Services 0781b Landscape Design 0782 Lawn & Garden Services 0782a Landscape Contractors 0782b Landscaping & Lawn Maintenance 0783 Ornamental Shrub & Tree Services 08-- Forestry 081- Timber Tracts 0811 Timber Tracts 083- Forest Nurseries And Gathering Of Forest Products 0831 Forest Nurseries & Gathering Of Forest Products 0831a Forest Nurseries 0831b Pine Gum Extraction Services 085- Forestry Services 0851 Forestry Services 0851a Forestry Consultants 091- Commercial Fishing 0912 Finfish Fishing 0913 Shellfish Catching & Taking 0913a Oyster Dredging Or Tonging 0919 Marine Products Miscellaneous 092- Fish Hatcheries And Preserves 0921 Fish Hatcheries & Preserves 097- Hunting And Trapping, And Game Propagation 0971 Hunting & Trapping & Game Propagation 10-- Metal Mining 101- Iron Ores 1011 Iron Ore Mining 102- Copper Ores 1021 Copper Ore Mining 103- Lead And Zinc Ores 1031 Lead & Zinc Ore Mining 104- Gold And Silver Ores 1041 Gold Ore Mining 1044 Silver Ore Mining 106- Ferroalloy Ores, Except Vanadium 1061 Ferroalloy Ore Mining 108- Metal Mining Services 1081 Metal Mining Services 109- Miscellaneous Metal Ores 1094 Uranium Radium & Vanadium Ore Mining & Services 1099 Miscellaneous Metal Ore Mining & Services 1099a Bauxite & Aluminum Ore Mining 1099b Mercury Ore Preparation 110- Residential 1111- Single-family detached 1112- Single-family attached 1123- Two-family dwelling 1133- Multiple family dwelling 1143- Apartments (low rise attached to commercial or other non-residential use) 1153- Apartments (high rise attached to commercial or other non-residential use) 120-- Coal Mining 122- Bituminous Coal And Lignite Mining 1221 Bituminous Coal & Lignite Surface Mining 1222 Bituminous Coal Underground Mining 123- Anthracite Mining 1231 Anthracite Coal Mining & Preparation 124- Coal Mining Services 1241 Coal Mining Services 1241a Anthracite Mining Services On A Contract Basis 1241b Bituminous & Lignite Services 13-- Oil And Gas Extraction 131- Crude Petroleum And Natural Gas 1311 Crude Petroleum & Natural Gas Production 132- Natural Gas Liquids 1321 Natural Gas Liquids Producers 138- Oil And Gas Field Services 1381 Oil & Gas Well Drilling Contractors 1381a Gas Well Drilling 1381b Oil Well Directional Drilling 1382 Oil & Gas Field Exploration Services 1382a Seismograph Services 1389 Oil & Gas Field Services 1389b Oil Field Equipment Repairing 1389d Oil Well Surveyors 1389e Oil Field Hauling 1389f Oil Well Cementing 1389g Oil Well Drilling Mud & Additives 1389h Oil Weel Logging & Perforating 1389j Oil Riggers 1389k Pipe Inspection Service 14-- Mining And Quarrying Of Nonmetallic Minerals, Except Fuels 141- Dimension Stone 1411 Dimension Stone Quarrying & Mining 142- Crushed And Broken Stone, Including Riprap 1422 Crushed & Broken Limestone Quarrying & Mining 1423 Crushed & Broken Granite Quarrying & Mining 1429 Crushed & Broken Stone Quarrying & Mining 144- Sand And Gravel 1442 Construction Sand & Gravel Mining 1446 Industrial Sand Mining 145- Clay, Ceramic, And Refractory Minerals 1455 Kaolin & Ball Clay Mining 1459 Clay Ceramic & Refractory Material Mining 1459a Bentonite Mining 1459b Fire Clay Mining 1459c Fullers Earth Mining 147- Chemical And Fertilizer Mineral Mining 1474 Potash Soda & Borate Mineral Mining 1475 Phosphate Rock Mining 1479 Chemical & Fertilizer Mineral Mining 1479a Barite Mining 1479b Fluorspar Mining 1479c Rock Salt Mining 1479d Sulfur Mining 148- Nonmetallic Minerals Services, Except Fuels 1481 Nonmetallic Minerals Services Except Fuels 149- Miscellaneous Nonmetallic Minerals, Except Fuels 1499 Nonmetallic Minerals 1499a Gypsum Mining 1499b Talc & Related Minerals Mining 15-- Building Construction General Contractors And Operative 152- General Building Contractors-Residential Buildings 1521 General Contractors Single-family Houses 1521a Remodeling Contractors 1521b Fire Damage Contractors 1521c Patio & Deck Builders 1521d Home & Industrial Building Contractors 1521e Building Construction 1522 General Contractors Residential Buildings Other Than Single-family 153- Operative Builders 1531 Operative Builders 154- General Building Contractors-Nonresidential Buildings 1541 General Contractors Industrial Buildings & Warehouses 1541a Prefabricated Metal Building Erection Industrial 1541d Floor Raising 1541e Grain Elevator Builders 1541z Clean Room Construction & Equipment 1542 General Contractors Nonresidential Buildings Not Industrial & Warehse 1542a Store Front Contractors 1542b Garage Builders 1542c Greenhouse & Solarium Builders 1542z Nonresidentional Builders 16-- Heavy Construction Other Than Building Construction 161- Highway And Street Construction, Except Elevated Highways 1611 Highway & Street Construction Except Elevated Highways 1611b Highway Sign Installation 1611c Road Building Contractors 1611d Pavement Marking Contractors 1611g Culvert Construction 1611j Grading Contractors 1611k Parking Lot & Garage Construction 1611l Road Oiling Contractors 1611z Paving Contractors 162- Heavy Construction, Except Highway And Street Construction 1622 Bridge Tunnel & Elevated Highway Construction 1623 Water Sewer Pipeline & Communications & Power Line Construction 1623a Sewer Contractors 1623b Pipe Line Contractors 1623f Gas Line Installation & Repair 1629 Heavy Construction 1629a Tennis Court Contractors 1629c Drainage Contractors 1629d Mining Contractors 1629e Marine Contractors 1629g File Contractors 1629h Ditching Contractors 1629j Dredging Contractors 1629k Pile Driving Contractors 1629l Oil Field Contractors 1629n Engineering Contractors 1629o Water Pollution Control Contractors 1629p Golf Course Construction 17-- Construction Special Trade Contractors 171- Plumbing, Heating And Air-Conditioning 1711 Plumbing Heating & Air Condintioning Contractors 1711a Plumbing Contractors 1711b Heating & Ventilation Contractors 1711c Air Conditioning Contractors 1711d Boiler Setting Contractors 1711e Boiler Maintenance Services 1711f Solar Energy Contractors 1711g Irrigation Lawn & Garden Sprinkler Systems Installers 1711j Furnance Maintenance Services 1711k Septic System Construction 1711m Automatic Fire Protection Sprinkler System Contractors 1711n Mechanical Contractors 1711p Pipe Fabricator Contractors 172- Painting And Paper Hanging 1721 Painting & Paper Hanging Contractors 1721a Painting & Decorating Contractors 1721b Wallpaper Contractors 1721c Spray Painting & Finishing Contractors 173- Electrical Work 1731 Electrical Work Contractors 174- Masonry, Stonework, Tile Setting, And Plastering 1741 Masonry Stone Setting & Other Stone Work Contractors 1741a Bricklaying Masonry & Stone Setting 1741b Tuck Pointing 1741c Chimney Builders 1741f Marble Contractors 1742 Plastering Drywall Acoustical & Insulation Contractors 1742a Drywall Contractors 1742b Plastering & Lathing Contractors 1742c Acoustical & Ceiling Contractors 1742d Insulation Contractors 1743 Terrazzo Tile Marble & Mosiac Work Contractors 175- Carpentry And Floor Work 1751 Carpentry Work Contractors 1751a Mechanized Door & Gate Contractors Including Overhead 1751b Woodworking 1751c Carpenters 1751d Wood Finishing Services 1751z Cabinet Makers 1752 Floor Work Contractors 1752a Floor Laying & Resurfacing 1752b Linoleum & Nonceramic Tile Installation 1752c Carpet & Rug Installation Contractors 176- Roofing, Siding, And Sheet Metal Work 1761 Roofing Siding & Sheet Metal Work Contractors 1761a Siding Contractors 1761b Roofing Contractors 1761c Sheet Metal Work Contractors 1761d Gutter & Downspout Contractors 1761e Skylight Contractors 1761h Roof Decking Contractors 1761k Roof Maintenance Contractors 177- Concrete Work 1771 Concrete & Related Work Contractors 1771b Stucco Contractors 1771c Driveway Contractors 1771d Sidewalk Contractors 1771e Foundation Contractors 178- Water Well Drilling 1781 Water Well Drilling Contractors 179- Miscellaneous Special Trade Contractors 1791 Structural Steel Erection Contractors 1791d Metal Fabricators 1793 Glass & Glazing Work Contractors 1794 Excavation Work Contractors 1795 Wrecking & Demolition Contractors 1796 Installation Or Erection Of Building Equipment 1796a Elevator Installation Contractors 1796b Machinery Movers & Erectors 1796e Pneumatic Tube Systems & Equipment Manufacturing 1799 Special Trade Contractors 1799a Fence Contractors 1799b Swimming Pool Contractors 1799c Waterproofing & Weather Stripping Contractors 1799d Fireproofing Contractors 1799e House Moving Contractors 1799f Scaffolding Construction & Steeple Jacks 1799g Drilling & Boring Contractors 1799h Computer Rooms Equipment & Installation Contractors 1799i Paint Removal Contractors 1799j Parking Lot Marking & Maintenance 1799k Wallpaper Removal Contractors 1799l Sign Installation & Maintenance 1799s Service Station Equipment And Services 1799u Glass Board Up Service 1799v Asbestos Removal Contractors 1799w Drapery Installation Contractors 20-- - Food And Kindred Products 201- Meat Products 2011 Meat Packing Plants 2013 Sausage & Prepared Meat Manufacturing 2015 Poultry Slaughtering & Processing 2015a Poultry Dressing Plants 2015b Poultry & Egg Processors 202- Dairy Products 2021 Creamery Butter Manufacturing 2022 Natural Processed & Imitation Cheese Manufacturing 2023 Dry Condensed & Evaporated Dairy Product Manufacturing 2024 Ice Cream & Frozen Dessert Manufacturing 2026 Fluid Milk Processing Plants 203- Canned, Frozen, And Preserved Fruits, Vegetables, And Food Specialties 2032 Specialty Products Except Seafood Canners 2033 Fruit Vegetable Preserve Jam & Jelly Canners 2034 Dried & Dehydrated Fruit Vegetable & Soup Mix Producers 2034a Nuts Processing & Wholesale 2034b Dehydrating Services 2035 Pickled Fruits & Vegetables Vegetable Sauces & Seasons & Salad Dress 2035b Pickles & Pickle Products 2037 Frozen Fruits Fruit Juice And Vegetable Producers 2038 Frozen Specialty Manufacturing 204- Grain Mill Products 2041 Flour & Other Grain Mill Product Milling 2043 Cereal Breakfast Food Manufacturing 2044 Rice Milling 2045 Prepared Flour Mix And Dough Manufacturing 2046 Wet Corn Milling 2047 Dog & Cat Food Manufacturing 2048 Prepared Feed & Feed Ingredients For Animal & Fowl Except Dogs & Cats 205- Bakery Products 2051 Bread & Bakery Products Except Cookies & Cracker Manufacturing 2052 Cookie & Cracker Manufacturing 2053 Frozen Bakery Product Manufacturing Except Bread 206- Sugar And Confectionery Products 2061 Cane Sugar Manufacturing Except Refining 2062 Cane Sugar Refining 2063 Beet Sugar Manufacturing 2064 Candy & Other Confectionery Product Manufacturing 2066 Chocolate And Cocoa Product Manufacturing 2067 Chewing Gum Manufacturing 2068 Salted And Roasted Nut & Seed Manufacturing 207- Fats And Oils 2074 Cottonseed Oil Mills 2075 Soybean Oil Mills 2076 Vegetable Oil Mills Except Corn Cottonseed & Soybean 2077 Animal & Marine Fat & Oil Manufacturing 2079 Shortening Table Oil Margarine & Other Edible Fat & Oil Mfg 208- Beverages 2082 Malt Beverage Manufacturing 2083 Malt Manufacturing 2084 Wine Brandy & Brandy Spirit Manufacturing 2084a Wineries 2085 Distilled & Blended Liquor Manufacturing 2086 Bottled & Canned Soft Drink & Carbonated Water Manufacturing 2087 Flavoring Extract & Syrup Manufacturing 209- Miscellaneous Food Preparations And Kindred Products 2091 Fish & Seafood Curing & Canning 2091a Canned Fish Cakes 2092 Fish & Seafood Fresh & Frozen Preparation 2095 Coffee Roasters 2096 Potato & Corn Chip & Similar Snack Manufacturing 2097 Ice Manufacturing 2098 Macaroni Spaghetti Vermicelli & Noodle Manufacturing 2099 Food Preparations Manufacturing 21-- Tobacco Products 211- Cigarettes 2111 Cigarette Manufacturing 212- Cigars 2121 Cigar Manufacturing 213- Chewing And Smoking Tobacco And Snuff 2131 Chewing & Smoking Tobacco & Snuff Manufacturing 214- Tobacco Stemming And Redrying 2141 Tobacco Stemming & Redrying 2141z Tobacco Products 22-- Textile Mill Products 221- Broadwoven Fabric Mills, Cotton 2211 Cotton Broadwoven Fabric Mills 2211a Cotton Mills 222- Broadwoven Fabric Mills, Manmade Fiber And Silk 2221 Manmade Fabric & Silk Broadwoven Fabric Mills 223- Broadwoven Fabric Mills, Wool (Including Dyeing And Finishing) 2231 Wool Broadwoven Fabric Mills Including Dyeing & Finishing 224- Narrow Fabric And Other Smallwares Mills: Cotton, Wool, Silk, And Manmade 2241 Narrow & Other Smallware Cotton Wool Silk & Manmade Fiber Fabric Mill 225- Knitting Mills 2251 Womens Full & Knee Length Hosiery Except Socks - Knitting Mills 2252 Hosiery Knitting Mills 2253 Knit Outerwear Mills 2254 Knit Underwear & Nightwear Mills 2254a Underwear Manufacturers & Wholesalers 2257 Weft Knit Fabric Mills 2258 Lace & Warp Knit Fabric Mills 2258a Knitted Fabrics 2258b Lace Goods Manufacturing 2259 Knitting Mills 226- Dyeing And Finishing Textiles, Except Wool Fabrics And Knit Goods 2261 Cotton Broadwoven Fabric Finishing Plants 2262 Manmade Fiber & Silk Broadwoven Fabric Finishing Plants 2269 Textile Finishing Plants 227- Carpets And Rugs 2273 Carpet & Rug Mills 2273a Woven Carpet & Rug Mills 2273b Tufted Carpet & Rug Mills 228- Yarn And Thread Mills 2281 Yarn Spinning Mills 2282 Yarn Texturizing Throwing Twisting & Winding Yarn Mills 2284 Thread Mills 229- Miscellaneous Textile Goods 2295 Coated Fabric Not Rubberized Manufacturing 2296 Tire Cord & Fabric Manufacturing 2297 Nonwoven Fabric Manufacturing 2298 Cordage & Twine Manufacturing 2299 Textile Goods Processing & Manufacturing 2299a Felt Goods Except Woven Hats 2299b Upholstery Fillings & Padding Manufacturing 2299c Processing Of Textile Waste 23-- Apparel And Other Finished Products Made From Fabrics 231- Men's And Boys' Suits, Coats, And Overcoats 2311 Men & Boys Suit Coat & Overcoat Manufufacturing 2311a Men & Boys Tailored Jackets 231- Men's And Boys' Furnishings, Work Clothing, And Allied Garments 2321 Men & Boys Shirt Except Work Shirts Manufacturing 2322 Men & Boys Underwear & Nightwear Manufacturing 2322a Men & Boys Purchaseed Material Nightwear 2323 Men & Boys Neckwear Manufacturing & Wholesale 2325 Men & Boys Separate Trouser & Slack Manufacturing 2326 Men & Boys Work Clothing Manufacturing 2329 Men & Boys Clothing Manufacturing 233- Women's, Misses', And Juniors' Outerwear 2331 Womens Misses & Juniors Blouse & Shirt Manufacturing 2335 Womens Misses & Juniors Dress Manufacturing 2337 Womens Misses & Juniors Suit Skirt & Coat Manufacturing 2339 Womens Misses & Juniors Outerwear Manufacturing 234- Women's, Misses', Children's, And Infants' Undergarments 2341 Women Misses Childrens & Infants Underwear & Nightwear Manufacturing 2341a Lingerie Manufacturing & Wholesale 2342 Brassiere Girdle & Allied Garment Manufacturing 235- Hats, Caps, And Millinery 2353 Hat Cap & Millinery Manufacturing 2353a Millinery Manufacturing 2353b Hat & Cap Manufacturing 236- Girls', Children's, And Infants' Outerwear 2361 Girls Childrens & Infants Dresses Blouses & Shirts 2369 Girls Childrens & Infants Outerwear Manufacturing 2369a Children & Infant Coats & Suit Manufacturing 237- Fur Goods 2371 Fur Goods Manufacturing 238- Miscellaneous Apparel And Accessories 2381 Dress & Work Gloves Except Knit & All Leather Manufacturing 2384 Robe & Dressing Gown Manufacturing 2385 Waterproof Outerwear Manufacturing 2386 Leather & Sheep Lined Clothing Manufacturing 2386a Leather Apparel Manufactures 2387 Apparel Belt Manufacturing & Wholesale 2389 Apparel & Accessory Manufacturing 239- Miscellaneous Fabricated Textile Products 2391 Curtain & Drapery Manufacturing 2392 Housefurnishing Except Curtain & Drapes Manufacturing 2393 Textile Bag Manufacturing 2394 Canvas & Related Products Manufacturing 2394b Sailmakers 2395 Pleating Decorative & Novelty Stitching & Tucking For The Trade 2395b Quilting For The Trade 2396 Automobile Trimmings Apparel Findings & Related Product Manufacturing 2396a Ribbon Manufacturing & Wholesale 2397 Schiffli Machine Embroideries 2399 Fabricated Textile Products Manufacturing 2399b Coat Manufacturing & Wholesale 2399c Automobile Seatcover Manufacturing & Wholesale 2399d Emblem Manufacturing & Wholesale 24-- Lumber And Wood Products, Except Furniture 241- Logging 2411 Logging 2411b Pulpwood Manufacturing 242- Sawmills And Planing Mills 2421 General Sawmills & Planing Mills 2421a Lumber Manufacturing 2426 Hardwood Dimension & Flooring Mills 2429 Special Product Sawmills 243- Millwork, Veneer, Plywood, And Structural Wood Members 2431 Millwork Plants 2434 Wood Kitchen Cabinet Manufacturing 2435 Hardwood Veneer & Plywood Manufacturing 2436 Softwood Veneer & Plywood Manufacturing 2439 Structural Wood Member Manufacturing 244- Wood Containers 2441 Nailed & Lock Corner Wood Box & Shook Manufacturing 2448 Wood Pallet & Skid Manufacturing 2449 Wood Container Manufacturing 245- Wood Buildings And Mobile Homes 2451 Mobile Home Manufacturing 2452 Prefabricated Wood Building & Component Manufacturing 249- Miscellaneous Wood Products 2491 Wood Preserving Plants 2493 Reconstituted Wood Product Manufacturing 2493a Fiberboard Manufacturing 2493b Particleboard Plants 2493c Hardboard Strandboard & Flakeboard Manufacturing 2499 Wood Product Manufacturing 2499b Cork & Cork Product Manufacturing & Wholesale 2499d Wood Mulch Manufacturing 25-- Furniture And Fixtures 251- Household Furniture 2511 Wood Household Furniture Except Upholstered Manufacturing 2512 Wood Upholstered Household Furniture Manufacturing 2514 Metal Household Furniture Manufacturing 2515 Mattress Foundation & Convertible Bed Manufacturing 2517 Wood Tv Radio Phonograph & Sewing Machine Cabinet Manufacturing 2519 Household Furniture Manufacturing 252- Office Furniture 2521 Wood Office Furniture Manufacturing 2522 Non-Wood Office Furniture Manufacturing 253- Public Building And Related Furniture 2531 Public Building & Related Furniture Manufacturing 2531a Seating Companies 254- Partitions, Shelving, Lockers, And Office And Store Fixtures 2541 Wood Office & Store Fixture Partition Shelving & Locker Manufacturing 2541a Wood Showcases Except Refrigerated Manufacturing 2542 Non-Wood Office & Store Fixtures Partitions Shelving & Locker Mfrs 2542a Refrigerated Showcases Except Wood 259- Miscellaneous Furniture And Fixtures 2591 Drapery Hardware & Window Blind & Shade Manufacturing 2599 Furniture & Fixture Manufacturing 2599a Display Fixtures & Materials 26-- Paper And Allied Products 261- Pulp Mills 2611 Pulp Mills 262- Paper Mills 2621 Paper Mills 263- Paperboard Mills 2631 Paperboard Mills 265- Paperboard Containers And Boxes 2652 Set Up Paperboard Box Manufacturing 2653 Corrugated & Solid Fiber Box Manufacturing 2655 Fiber Can Tube Drum & Similar Product Manufacturing 2656 Sanitary Food Except Folding Container Manufacturing 2657 Folding Paperboard Box Including Sanitary Manufacturing 267- Converted Paper And Paperboard Products, Except Containers And Boxes 2671 Packaging Paper & Plastic Film Coated & Laminated Manufacturing 2672 Coated & Laminated Paper Manufacturing 2672a Paper Labels 2673 Plastic Foil & Coated Paper Bag Manufacturing 2674 Uncoated Paper & Multiwall Bag Manufacturing 2675 Die Cut Paper Paperboard & Cardboard Manufacturing 2676 Sanitary Paper Product Manufacturing 2677 Envelope Manufacturing & Wholesale 2678 Stationary Tablets & Related Products Manufacturing 2679 Converted Paper & Paperboard Product Manufacturing 2679a Pressed & Molded Pulp Goods 27-- Printing, Publishing, And Allied Industries 271- Newspapers: Publishing, Or Publishing And Printing 2711 Newspaper Publishing Or Publishing & Printing 272- Periodicals: Publishing, Or Publishing And Printing 2721 Periodical Publishing Or Publishing & Printing 273- Books 2731 Book Publishing Or Publishing & Printing 2732 Book Printing 274- Miscellaneous Publishing 2741 Miscellaneous Publishing 2741b Shoppers News Publications 2741c Art Publishers 2741e Catalog Compilers 2741f Map Publishers & Printers 2741g Music Publishers 275- Commercial Printing 2752 Commercial Lithographic Printing 2754 Commercial Gravure Printing 2759 Commercial Printing 2759a Silkscreen Printing 2759c Stationary Engravers 2759d Decal Manufacturing & Wholesale 2759e Business Card Printing 2759f Glass Metal & Plastic Etc Printing 2759g Embossing Services 2759h Imprinting 2759j Law Brief Printers 2759k Post Card Printers 2759l Poster Printers 2759m Thermographers 2759n Printing Brokers 2759o Wedding Announcements & Invitations Retail 276- Manifold Business Forms 2761 Manifold Business Form Manufacturing 2761b Sales & Order Books Manufacturing 277- Greeting Cards 2771 Greeting Card Publishing Or Publishing & Printing 278- Blankbooks, Looseleaf Binders, And Bookbinding And Related Work 2782 Blankbook Looseleaf Binder & Device Manufacturing 2782a Album Manufacturing & Wholesale 2782b Book Catalog Etc Covers 2782c Loose Leaf Equipment & Supplies 2789 Bookbinding & Related Work 279- Typesetting 2791 Typesetting 2796 Platemaking & Related Services 2796a Platemaking Services 2796b Gravure Printing Plates 2796c Photoengraving 2796d Lithographing & Electrotying 2796e Positive & Negative Lithographic Plate Manufacturing 281- Industrial Inorganic Chemicals 2812 Alkalies & Chlorine Manufacturing 2812a Chlorine Manufacturing & Wholesale 2813 Industrial Gas Manufacturing 2816 Inorganic Pigment Manufacturing 2819 Industrial Inorganic Chemical Manufacturing 2819a Hydrazine Resins, Synthetic Rubber, Cellulose 2821 Plastics Material Synthetic Resin 282- Plastics Materials And Synthetic & Non-Vulcanizable Elastomer Mfg 2822 Synthetic Rubber Vulcanizable Elastomers Manufacturing 2823 Cellulosic Manmade Fiber Manufacturing 2824 Non-Cellulosic Manmade Organic Fiber Manufacturing 283- Drugs 2833 Medical Chemical & Botanical Products Manufacturing 2834 Pharmaceutical Preparations Manufacturing 2835 In Vitro & In Vivo Diagnostic Substance Manufacturing 2836 Biological Products Except 284- Soap, Detergents, And Cleaning Diagnostic Substances Manufacturing Preparations; Perfumes, Cosmetics 2841 Soap & Other Detergent Except Specialty Cleaners Manufacturing 2842 Specialty Cleaning Polishing & Sanitation Preparation Manufacturing 2842a Polish Manufacturing 2842b Sweeping Compound 2843 Surface Active & Finishing Agents Sulfonated Oil & Assistants Mfg 2844 Perfumes Cosmetics & Other Toilet Preparation Manufacturing 2844a Perfume Manufacturing & Wholesale 285- Paints, Varnishes, Lacquers, Enamels, And Allied Products 2851 Paint Varnish Lacquer Enamel & Allied Product Manufacturing 2851a Laquer Manufacturing 286- Industrial Organic Chemicals 2861 Gum & Wood Chemical Manufacturing 2861a Dye & Dyestuff Manufacturing 2865 Cyclic Organic Crudes & Intermediates & Organic Dyes & Pigment Mfg 2869 Industrial Organic Chemical Manufacturing 287- Agricultural Chemicals 2873 Nitrogenous Fertilizer Manufacturing 2874 Phosphatic Fertilizer Manufacturing 2875 Fertilizer Plants Mixing Only 2879 Pesticides & Agricultural Chemical Manufacturing 2879a Soil Conditioners 289- Miscellaneous Chemical Products 2891 Adhesive & Sealant Manufacturing 2892 Explosives Manufacturing 2893 Printing Ink Manufacturing 2895 Carbon Black Manufacturing 2899 Chemicals & Chemical Preparation Manufacturing 2899a Anti-Freeze Compound Manufacturing & Wholesale 2899b Fireproofing Material Manufacturing 2899c Oil Treating Compounds 29-- Petroleum Refining And Related Industries 291- Petroleum Refining 2911 Petroleum Refining 295- Asphalt Paving And Roofing Materials 2951 Asphalt Paving Mixture & Block Manufacturing 2952 Asphalt Felt & Coating Manufacturing 299- Miscellaneous Products Of Petroleum And Coal 2992 Lubricating Oil & Grease Manufacturing 2999 Petroleum & Coal Product Manufacturing 30-- Rubber And Miscellaneous Plastics Products 301- Tires And Inner Tubes 3011 Tire & Inner Tube Manufacturing 302- Rubber And Plastics Footwear 3021 Rubber & Plastic Footwear Manufacturing 305- Gaskets, Packing, And Sealing Devices And Rubber And Plastics Hose 3052 Rubber & Plastic Hose & Belting Manufacturing 3053 Gasket Packing & Sealing Device Manufacturing 306- Fabricated Rubber Products, Not Elsewhere Classified 3061 Molded Extruded & Lathe Cut Mechanical Rubber Good Manufacturing 3069 Fabricated Rubber Product Manufacturing 3069a Reclaimed Rubber Reworked By Manufacturing Processes 3069b Rubberized Printer Rolls & Blankets Manufacturing 3069c Rubber Band Manufacturing 3069d Rubber Clothing & Footwear Manufacturing 308- Miscellaneous Plastics Products 3081 Unsupported Plastics Film & Sheet Manufacturing 3082 Unsupported Plastic Profile Shape Manufacturing 3083 Laminated Plastics Plate Sheet & Profile Shape Manufacturing 3084 Plastic Pipe Manufacturing 3085 Plastic Bottle Manufacturing 3086 Plastic Foam Product Manufacturing 3087 Custom Compounding Of Purchased Plastics Resins 3088 Plastics Plumbing Fixture Manufacturing 3089 Plastic Product Manufacturing 31-- Leather And Leather Products 311- Leather Tanning And Finishing 3111 Leather Tanning & Finishing 3111a Tanners 313- Boot And Shoe Cut Stock And Findings 3131 Boot & Shoe Cut Stock & Findings Manufacturing 314- Footwear, Except Rubber 3142 House Slipper Manufacturing 3143 Mens Footwear Except Athletic Manufacturing 3144 Womens Footwear Except Athletic Manufacturing 3149 Footwear Except Rubber Manufacturing 315- Leather Gloves And Mittens 3151 Leather Glove & Mitten Manufacturing 316- Luggage 3161 Luggage Manufacturing 317- Handbags And Other Personal Leather Goods 3171 Womens Handbag & Purse Manufacturing 3172 Personal Leather Goods Except Womens Handbags & Purses Manufacturing 319- Leather Goods, Not Elsewhere Classified 3199 Leather Goods Manufacturing 32-- Stone, Clay, Glass, And Concrete Products 321- Flat Glass 3211 Flat Glass Manufacturing 322- Glass And Glassware, Pressed Or Blown 3221 Glass Container Manufacturing 3229 Pressed & Blown Glass & Glassware Manufacturing 3229a Glass Blowers 3229b Glass Blocks & Structural Glass Etc 323- Glass Products, Made Of Purchased Glass 3231 Glass Products Made From Purchased Glass Manufacturing 324- Cement, Hydraulic 3241 Hydraulic Cement Manufacturing 325- Structural Clay Products 3251 Brick & Structural Clay Tile Manufacturing 3253 Wall & Floor Ceramic Tile Manufacturing 3255 Clay Refractories 3255a Brick Refractories 3259 Structural Clay Product Manufacturing 326- Pottery And Related Products 3261 Vitreous China & Earthenware Plumbing Fixtures Fittings & Bath Acc Mf 3262 Vitreous China Table & Kithchen Article Manufacturing 3263 Fine Earthenware Whiteware Table & Kitchen Article Manufacturing 3264 Porcelain Electrical Supplies Manufacturing 3269 Pottery Product Manufacturing 327- Concrete, Gypsum, And Plaster Products 3271 Concrete Block & Brick Manufacturing 3272 Concrete Products Except Block & Brick Manufacturing 3273 Ready Mix Concrete Manufacturing 3274 Lime Manufacturing 3275 Gypsum Product Manufacturing 328- Cut Stone And Stone Products 3281 Stone & Cut Stone Product Manufacturing 3281a Granite Manufacturing & Wholesale 329- Abrasive, Asbestos, And Miscellaneous Non-Metallic Mineral Products 3291 Abrasive Product Manufacturing 3291a Grinding Wheels 3292 Asbestos Product Manufacturing 3295 Minerals & Earths Ground Or Otherwise Treated 3296 Mineral Wool Manufacturing 3297 Non-Clay Refractories 3297b Industrial Ceramic Products 3299 Non-Metallic Mineral Product Manufacturing 33-- Primary Metal Industries 331- Steel Works, Blast Furnaces, And Rolling And Finishing Mills 3312 Steel Works Blast Furnaces Including Coke Ovens & Rolling Mills 3313 Electrometallurgical Products Except Steel Manufacturing 3313a Spiegeleisen 3315 Steel Wiredrawing & Steel Nail & Spike Manufacturing 3316 Cold Rolled Steel Sheet Strip & Bar Manufacturing 3317 Steel Pipe & Tube Manufacturing 332- Iron And Steel Foundries 3321 Gray & Ductile Iron Foundries 3322 Malleable Iron Foundries 3324 Steel Investment Foundries 3325 Steel Foundries 333- Primary Smelting And Refining Of Nonferrous Metals 3331 Primary Smelting & Refining Of Copper 3334 Primary Production Of Aluminum 3339 Primary Smelting & Refining Of Nonferrous Metals Exc Copper & Aluminu 3339a Lead Primary Mills 3339b Zinc Primary Mills 334- Secondary Smelting And Refining Of Nonferrous Metals 3341 Secondary Smelting & Refining Of Nonferrous Metals 335- Rolling, Drawing, And Extruding Of Nonferrous Metals 3351 Rolling Drawing & Extruding Of Copper 3353 Aluminum Sheet Plate & Foil Manufacturing 3354 Aluminum Extruded Product Manufacturing 3355 Aluminum Rolling & Drawing 3356 Rolling Drawing & Extruding Of Non-Ferrous Metals Exc Copper & Aluminu 3357 Drawing & Insulating Of Non-Ferrous Wire 336- Nonferrous Foundries (Castings) 3363 Aluminum Die Casting Manufacturing 3364 Non-Ferrous Die Casting Except Aluminum Manufacturing 3364a Copper & Copper Base Alloy Die Casting Manufacturing 3364b Magnesium & Magnesium Base Die Cast 3365 Aluminum Foundries 3366 Copper Foundries 3369 Non-Ferrous Foundries Except Aluminum & Copper 339- Miscellaneous Primary Metal Products 3398 Metal Heat Treating 3399 Primary Metal Product Manufacturing 34-- Fabricated Metal Products, Except Machinery And Transportation 341- Metal Cans And Shipping Containers 3411 Metal Can Manufacturing 3412 Metal Shipping Barrel Drum Keg & Pail Manufacturing 3412b Cargo & Freight Container Manufacturing 342- Cutlery, Handtools, And General Hardware 3421 Cutlery Manufacturing & Wholesale 3423 Hand & Edge Tools Except Machine Tools & Handsaws Manufacturing 3423a Printers Mallets Manufacturing 3425 Saw Blade & Handsaw Manufacturing 3429 Hardware Manufacturing 3429a Clamp Manufacturing & Wholesale 3429b Lock Manufacturing & Wholesale 343- Heating Equipment, Except Electric And Warm Air; And Plumbing Fixtures 3431 Enameled Iron & Metal Sanitary Ware Manufacturing 3432 Plumbing Fixture Fitting And Trim Manufacturing 3432a Plastic Faucets & Spigots 3433 Heating Equipment Except Electric & Warm Air Furnances Manufacturing 3433b Solar Energy Equipment & Systems Manufacturing & Distribution 344- Fabricated Structural Metal Products 3441 Fabricated Structural Metal Manufacturing 3441a Expansion Joint Manufacturing 3441b Tower Manufacturing 3442 Metal Doors Sash Frames Molding & Trim Manufacturing 3443 Fabricated Plate Work Boiler Shops 3443a Septic Tanks & Systems Manufacturing & Wholesale 3443b Gas Cylinders 3443c Boiler Plate Smokestack Manufacturing 3444 Sheet Metal Work Manufacturing 3446 Architectural & Ornamental Metal Work Manufacturing 3446c Architectural & Ornamental Iron Work Manufacturing & Wholesale 3446d Brass Product Manufacturing 3446e Flag Poles Manufacturing & Wholesale 3446f Grating Manufacturing 3448 Prefabricated Metal Buildings & Component Manufacturing 3449 Miscellaneous Structural Metal Work Manufacturing 3449a Metal Curtain Walls 345- Screw Machine Products, And Bolts, Nuts, Screws, Rivets, And Washers 3451 Screw Machine Product Manufacturing 3452 Bolt Nut Screw Rivet & Washer Manufacturing 346- Metal Forgings And Stampings 3462 Iron & Steel Forging Manufacturing 3463 Non-Ferrous Metal Forging Manufacturing 3465 Automobile Stamping Plants 3466 Crown & Closure Manufacturing 3469 Metal Stamping Manufacturing 347- Coating, Engraving, And Allied Services 3471 Electroplating Plating Polishing Anodizing & Coloring 3471a Metal Polishing 3471b Anodizing 3471c Metal Finishers 3471d Plating 3479 Coating Engraving & Allied Services 3479a Enameling Japanning & Lacquering 3479c Protective Coating Application For The Trade 3479d Mechanical Engravers 3479e Galvanizing 3479f Pipe Lining & Coating 3479g Engraving Jewelry Silverware & Metal For The Trade 348- Ordnance And Accessories, Except Vehicles And Guided Missiles 3482 Small Arms Ammunition Manufacturing 3483 Ammunition Except Small Arms Manufacturing 3484 Small Arms Manufacturing 3489 Ordnance & Accessory Manufacturing 349- Miscellaneous Fabricated Metal Products 3491 Industrial Valve Manufacturing 3492 Fluid Power Valve & Hose Fitting Manufacturing 3492a Fluid Power Valve Manufacturing 3493 Steel Springs Except Wire Manufacturing 3494 Valves & Pipe Fitting Manufacturing 3495 Wire Spring Manufacturing 3496 Miscellaneous Fabricated Wire Product Manufacturing 3496a Wire Basket Manufacturing & Wholesale 3496b Wire Cloth Manufacturing 3497 Metal Foil & Leaf Manufacturing 3497a Gold Leaf Manufacturing 3498 Fabricated Pipe & Pipe Fitting Manufacturing 3499 Fabricated Metal Product Manufacturing 35-- Industrial And Commercial Machinery And Computer Equipment 351- Engines And Turbines 3511 Steam Gas & Hydraulic Turbines & Turbine Generator Set Unit Mfg 3519 Internal Combustion Engine Manufacturing 352- Farm And Garden Machinery And Equipment 3523 Farm Machinery & Equipment Manufacturing 3523e Barn Equipment 3524 Lawn & Garden Tractors & Equipment Manufacturing 353- Construction, Mining, And Materials Handling Machinery And Equipment 3531 Construction Machinery & Equipment Manufacturing 3531a Mixing & Agitation Machinery Manufacturing 3531c Concrete Mixer Manufacturing 3531g Crushing & Pulverising Equipment Manufacturing 3532 Mining Machinery & Equipment Except Oil & Gas Field Manufacturing 3533 Oil & Gas Field Machinery & Equipment Manufacturing 3534 Elevator & Moving Stairway Manufacturing 3534b Wheelchair Lifts & Ramps Manufacturing 3535 Conveyors & Conveying Equipment Manufacturing 3536 Overhead Traveling Cranes Hoists & Monorail System Manufacturing 3537 Industrial Truck Tractor Trailer & Stacker Manufacturing 3537a Automatic Stacking Machine Manufacturing 354- Metalworking Machinery And Equipment 3541 Metal Cutting Machine Tool Manufacturing 3541b Broaching Machinery Manufacturing 3541c Drilling & Boring Equipment & Supply Manufacturing 3541d Lathe Manufacturing & Wholsale 3541f Pipe Cutting & Threading Equipment 3541h Grinding Machines & Equipment 3542 Metal Forming Machine Tool Manufacturing 3543 Industrial Pattern Manufacturing 3544 Special Dies & Tools Die Sets Jig Fixture & Industrial Mold Mfg 3544b Jigs & Fixtures 3544d Die Makers 3544e Mold Manufacturing 3545 Cutting Tools Machine Tool Accessory & Precision Measuring Device Mfg 3546 Power Driven Hand Tool Manufacturing 3547 Rolling Mill Machinery & Equipment Manufacturing 3548 Electric & Gas Welding & Soldering Equipment Manufacturing 3548a Welding Apparatus Non-Electric Manufacturing 3548b Welding Apparatus Other Manufacturing 3549 Metalworking Machinery Manufacturing 355- Special Industry Machinery, Except Metalworking Machinery 3552 Textile Machinery Manufacturing 3552a Industrial Textile Drying Equipment 3552b Knitting Machines 3553 Woodworking Machinery Manufacturing 3553a Furniture Manufacturing Equipment & Supplies 3553b Cabinet Maker Equipment & Supplies Manufacturing 3553c Sawmill Equipment & Supply Manufacturing 3554 Paper Industry Machinery Manufacturing 3555 Printing Trade Machinery & Equipment Manufacturing 3555b Bookbinders Machinery Manufacturing 3555d Typesetting Machine Manufacturing 3556 Food Product Machinery Manufacturing 3556b Meat Choppers & Grinders 3556f Ice Cream Manufacturing Equipment 3556h Popcorn Machine Manufacturing 3556j Slicing Machines 3559 Special Industry Machinery Manufacturing 3559a Plastics Machinery & Equipment 3559b Paint Manufacturing Equipment 3559c Metal Finishing Equipment & Supplies 3559d Tanners Equipment & Supply Manufacturing 3559e Rubber Working Equipment Manufacturing 3559f Cotton Ginning Equipment & Supplies Manufacturing 3559g Chemical Plant Equipment & Supplies Manufacturing 3559h Pottery Equipment & Supplies 3559j Tire Retreading & Repairing Equipment & Supplies Manufacturing 3559k Foundry Equipment And Supplies 3559l Shoe Manufacturing Equipment Manufacturing 3559m Wheel Alignment Frame & Axle Equipment Manufacturing 3559n Automobile Diagnostic Equipment Manufacturing 3559o Brake Service Equipment Manufacturing 3559p Tire Changing Equipment Manufacturing 356- General Industrial Machinery And Equipment 3561 Pump & Pumping Equipment Manufacturing 3562 Ball & Roller Bearing Manufacturing 3563 Air & Gas Compressor Manufacturing 3564 Industrial & Commercial Fan Blower & Air Purification Equipment Mfg 3565 Packaging Machinery Manufacturing 3565a Bread Wrapping Machine Manufacturing 3566 Speed Changers Industrial High Speed Device & Gear Manufacturing 3566a Gears & Gear Cutting 3567 Industrial Process Furnance & Oven Manufacturing 3568 Mechanical Power Transmission Equipment Manufacturing 3569 General Industrial Machinery & Equipment Manufacturing 3569d Liquid Filters 3569e Fire Department Equipment & Supplies 3569g Jacks Manufacturing & Wholesale 3569h Labeling Equipment Manufacturing & Wholesale 3569j Lubricating Devices & Systems 357- Computer And Office Equipment 3571 Electronic Computer Manufacturing 3572 Computer Storage Device Manufacturing 3575 Computer Terminal Manufacturing 3577 Computer Peripheral Equipment Manufacturing 3578 Calculating & Accounting Machines Except Computer Manufacturing 3579 Office Machine Manufacturing 3579a Typewriter Manufacturing 358- Refrigeration And Service Industry Machinery 3581 Automatic Vending Machine Manufacturing 3582 Commercial Laundry Drycleaning & Pressing Machine Manufacturing 3585 Air Conditioning Warm Air Heating & Coml Indl Refrigeration Equipt Mf 3586 Measuring & Dispensing Pump Manufacturing 3589 Service Industry Machinery Manufacturing 3589b Industrial Waste Reduction & Disposal Equipment 359- Miscellaneous Industrial And Commercial Machinery And Equipment 3592 Carburetors Pistons Piston Rings & Valve Manufacturing 3593 Fluid Power Cylinders & Actuator Manufacturing 3594 Fluid Power Pump & Motor Manufacturing 3594a Hydraulic & Pneumatic Motors 3594b Hydrostatic Drives 3594c Fluid Power Equipment Manufacturing 3594d Hydraulic Aircraft Pumps 3596 Scales & Balance Except Laboratory Manufacturing 3599 Industrial & Commercial Machinery & Equipment Manufacturing 3599a Machine Shops & Grinding Castings For The Trade 3599d Machine Tools Repairing Rebuilding 3599e Machinery Rebuilding & Repairing 3599f Machinery Custom Designed 3599k Electrical Discharge Machining 36-- Electronic And Other Electrical Equipment And Components 361- Electric Transmission And Distribution Equipment 3612 Power Distribution & Specialty Transformer Manufacturing 3613 Switchgear & Switchboard Apparatus Manufacturing 3613a Electric Switchboards 362- Electrical Industrial Apparatus 3621 Motor & Generator Manufacturing 3624 Carbon & Graphite Product Manufacturing 3625 Relays & Industrial Control Manufacturing 3625a Electric Power Switches 3625b Industrial Control Manufacturing 3625c Electronic Relays & Switches 3625d Timing Devices 3629 Electrical Industrial Apparatus Manufacturing 363- Household Appliances 3631 Household Cooking Equipment Manufacturing 3632 Household Refrigerators Home & Farm Freezer Manufacturing 3633 Household Laundry Equipment Manufacturing 3634 Electric Houseware & Fan Manufacturing 3635 Household Vacuum Cleaner Manufacturing 3639 Household Appliance Manufacturing 3639a Buttonhole & Eyelet Machine Manufacturing 364- Electric Lighting And Wiring Equipment 3641 Electric Lamp Bulb & Tube Manufacturing 3641a Electric Lamp Bulb Parts 3643 Current Carrying Wiring Device Manufacturing 3644 Non-Current Carrying Wiring Device Manufacturing 3645 Residential Electric Lighting Fixture Manufacturing 3646 Commercial Industrial & Institutional Electric Lighting Fixture Mfg 3647 Vehicular Lighting Equipment Manufacturing 3648 Lighting Equipment Manufacturing 365- Household Audio And Video Equipment, And Audio Recordings 3651 Household Audio & Video Equipment Manufacturing 3651a Speaker Manufacturing & Wholesale 3652 Phonograph Record Prerecorded Audio Tape & Disk Manufacturing 366- Communications Equipment 3661 Telephone & Telegraph Apparatus Manufacturing 3661a Modems & Other Interface Equipment Manufacturing 3661b Facsimile Communication Equipment 3663 Radio & Television Broadcasting & Communication Equipment Mfg 3663a Television Station Equipment 3669 Communications Equipment Manufacturing 3669a Microwave Communication Equipment & Systems 3669b Traffic Signals & Equipment 367- Electronic Components And Accessories 3671 Electron Tube Manufacturing 3671a Cathode Ray Television Tube Manufacturing 3671b Special Purpose Electron Tubes 3671c Electron Tubes 3672 Printed Circuit Board Manufacturing 3674 Semiconductor & Related Devices Manufacturing 3675 Electronic Capacitor Manufacturing 3676 Electronic Resistor Manufacturing 3677 Electronic Coil Transformer & Other Inducer Manufacturing 3677a Constant Impedance Transformer Manufacturing 3678 Electronic Connector Manufacturing 3679 Electronic Component Manufacturing 3679a Electrical Wire Harness Manufacturing 3679b Electronic Equipment & Supplies 3679c Electronic Power Supplies 3679d Relay Manufacturing 369- Miscellaneous Electrical Machinery, Equipment, And Supplies 3691 Storage Battery Manufacturing 3692 Dry & Wet Primary Battery Manufacturing 3694 Electrical Equipment For Internal Combustion Engines Manufacturing 3695 Magnetic & Optical Recording Media Manufacturing 3699 Electrical Machinery Equipment & Supplies Manufacturing 3699a Electronic Transmission & Distribution Equipment Manufacturing 3699b Electronic Research & Development Equipment 3699c Laser Manufacturing 3699d Battery Charging Equipment Manufacturing 37-- Transportation Equipment 371- Motor Vehicles And Motor Vehicle Equipment 3711 Motor Vehicles And Passenger Car Body Manufacturing 3711b Automobile Body Manufacturing 3711d Bus Manufacturing & Distribution 3713 Truck & Bus Body Manufacturing 3714 Motor Vehicle Parts And Accessories Manufacturing 3714a Bus Parts & Supplies Manufacturing 3714b Drive Shaft Manufacturing & Wholesale 3714c Automobile Heater Manufacturing 3715 Truck Trailer Manufacturing 3716 Motor Home Manufacturing 372- Aircraft And Parts 3721 Aircraft Manufacturing 3724 Aircraft Engine & Engine Part Manufacturing 3724a Aircraft Engine Manufacturing 3728 Aircraft Parts & Auxiliary Equipment Manufacturing 373- Ship And Boat Building And Repairing 3731 Ship Building & Repairing 3732 Boat Building & Repairing 3732a Boat Repairing Yards 3732b Boat Building Yards 374- Railroad Equipment 3743 Railroad Equipment Manufacturing 375- Motorcycles, Bicycles, And Parts 3751 Motorcycles Bicycles & Parts Manufacturing 376- Guided Missiles And Space Vehicles And Parts 3761 Guided Missile & Space Vehicle Manufacturing 3764 Guided Missile & Space Vehicle Propulsion Units & Parts Manufacturing 3769 Guided Missle & Space Vehicle Parts & Auxiliary Equipment Mfg 379- Miscellaneous Transportation Equipment 3792 Travel Trailer & Camper Manufacturing 3795 Tank & Tank Component Manufacturing 3799 Transportation Equipment Manufacturing 38-- Measuring, Analyzing, And Controlling Instruments 381- Search, Detection, Navigation, Guidance, Aeronautical, And Nautical 3812 Search Detection Navigation Guidance Aero & Water Systems & Instrumen 382- Laboratory Apparatus And Analytical, Optical, Measuring, And Controlling 3821 Laboratory Apparatus & Furniture Manufacturing 3822 Automatic Controls For Regulating Environments & Appliances Mfg 3823 Industrial Instruments For Measurement Display & Control Of Processin 3824 Totalizing Fluid Meters & Counting Device Manufacturing 3825 Instruments For Measuring & Testing Of Electricity & Electrical Signal 3825b Electronic Testing Equipment Manufacturing 3826 Laboratory Analytical Intrument Manufacturing 3826a Scientific Instrument Manufacturing 3826b Analytical Instrument Manufacturing 3827 Optical Instruments & Lense Manufacturing 3829 Measuring & Controlling Device Manufacturing 3829a Geophysical & Meteorological Equipment 3829b Drafting & Survey Apparatus 3829c Photo Surveying Instruments 384- Surgical, Medical, And Dental Instruments And Supplies 3841 Surgical & Medical Instruments & Apparatus Manufacturing 3842 Orthopedic Prosthetic & Surgical Appliances & Supplies Manufacturing 3842a Medical Adhesive Tape Manufacturing 3843 Dental Equipment & Supplies Manufacturing 3844 X-Ray Apparatus Tubes & Related Irradiation Apparatus Manufacturing 3845 Electromedical & Electrotherapeutic Apparatus Manufacturing 385- Ophthalmic Goods 3851 Ophthalmic Goods Manufacturing 386- Photographic Equipment And Supplies 3861 Photographic Equipment & Supplies Manufacturing 387- Watches, Clocks, Clockwork Operated Devices, And Parts 3873 Watchs Clocks Clockwork Operated Devices & Parts Manufacturing 39-- Miscellaneous Manufacturing Industries 391- Jewelry, Silverware, And Plated Ware 3911 Precious Metal Jewelry Manufacturing 3914 Silverware Plated Ware & Stainless Steel Ware Manufacturing 3915 Jewelers Findings Materials & Lapidary Work Manufacturing 393- Musical Instruments 3931 Musical Instrument Manufacturing 394- Dolls, Toys, Games And Sporting And Athletic Goods 3942 Dolls & Stuffed Toy Manufacturing 3944 Games Toys & Childrens Vehicles Except Doll & Bicycle Manufacturing 3949 Sporting & Athletic Goods Manufacturing 3949a Golfing Equipment Manufacturing 395- Pens, Pencils, And Other Artists' Materials 3951 Pens Mechanical Pencils & Parts Manufacturing 3952 Crayons Pencils & Artists Materials Manufacturing 3953 Marking Device Manufacturing 3955 Carbon Paper & Inked Ribbon Manufacturing 396- Costume Jewelry, Costume Novelties, Buttons, And Miscellaneous Notions 3961 Costume Jewelry & Costume Novelties Except Precious Metals Mfg 3965 Fasteners Buttons Needles & Pin Manufacturing 3965a Button Manufacturing 3965b Needles Pins & Other Notions Manufacturing 3965c Buckle Manufacturing 399- Miscellaneous Manufacturing Industries 3991 Broom & Brush Manufacturing 3993 Sign & Advertising Specialty Manufacturing 3993a Display Designers & Producers 3993c Electric & Neon Sign Manufacturing 3993e Name Plate Makers 3995 Burial Casket Manufacturing 3996 Linoleum Asphalted Felt Base & Other Hard Floor Covering Mfg 3999 Manufacturing Industries 3999a Model Makers 3999b Puppets & Marionettes Manufacturing & Wholesale 3999c Lamp Shade Manufacturing & Wholesale 3999d Artificial Flower Manufacturing 3999e Gold Stamping For The Trade 3999f Match Manufacturing 3999k Marine Shells 3999l Die Cutting 40-- Railroad Transportation 401- Railroads 4011 Line Haul Operating Railroads 4013 Railroad Switching & Terminal Establishments 41-- Local And Suburban Transit And Interurban Highway Passenger 411- Local And Suburban Passenger Transportation 4111 Local & Suburban Transit 4111a Airport Transportation Services 4119 Local Passenger Transportation 4119a Ambulance Services 4119b Limousine Services 412- Taxicabs 4121 Taxicab Companies 413- Intercity And Rural Bus Transportation 4131 Intercity & Rural Bus Transportation 414- Bus Charter Service 4141 Local Bus Charter Services 4142 Bus Charter Services Except Local 415- School Buses 4151 School Bus Services 417- Terminal And Service Facilities For Motor Vehicle Passenger 4173 Terminal & Service Facilities For Motor Vehicle Passenger Transportin 4173a Bus Terminal Services 4173b Motor Vehicle Services 42-- Motor Freight Transportation And Warehousing 421- Trucking And Courier Services, Except Air 4212 Local Trucking Without Storage 4212a Local Delivery Services 4212b Cartage & Express Service Local 4213 Trucking Except Local 4213a Mobile Home Transporting Companies 4213b Contract Haulers Except Local 4213c Heavy Hauling Trucking 4213k Horse Transporting 4213m Refrigerated Trucking 4214 Local Trucking With Storage 4215 Courier Services Except By Air 4215a Messenger Services 422- Public Warehousing And Storage 4221 Farm Product Warehousing & Storage 4221a Grain Elevators 4221c Tobacco Warehouses 4221f Commodity Warehouses 4222 Refrigerated Warehousing & Storage 4222a Cold Storage Warehouses 4222b Frozen Food Lockers 4225 General Warehouses 4225d Rental & Self Service Warehouses 4226 Special Warehousing & Storage 4226a Private & Public Household Warehouses 4226b Camping & Travel Trailer Storage 4226c Recreational Vehicle Storage 4226e Trailer Storage 423- Terminal And Joint Terminal Maintenance Facilities For Motor Freight 4231 Terminal Maintenance Facilities For Motor Freight Transportation 43-- United States Postal Service 431- United States Postal Service 4311 Government Postal Service 44-- Water Transportation 4412 Deep Sea Foreign Transportation Of Freight 4412b Containerized Freight Service 442- Deep Sea Domestic Transportation Of Freight 4424 Deep Sea Domestic Transportation Of Freight 4424a Intercoastal Transportation 4424b Coastwise Transportation 443- Freight Transportation On The Great Lakes-St. Lawrence Seaway 4432 Freight Transportation On The Great Lakes & St Lawrence Seaway 444- Water Transportation Of Freight, Not Elsewhere Classified 4449 Water Transportation Of Freight 448- Water Transportation Of Passengers 4481 Deep Sea Transportation Of Passengers Except Ferry 4482 Ferries 4489 Water Transportation Of Passengers 449- Services Incidental To Water Transportation 4491 Marine Cargo Handling 4491a Marine Terminals 4491d Moorages 4492 Towing & Tugboat Services 4493 Marinas 4493h Marine Repairs 4499 Water Transportation Services 4499a Lighterage 4499b Canal Operation 4499d Ship Cleaning 4499e Boat Launching Services 4499f Boat Cleaning 4499j Boat Transporting Services 4499k Marine Salvage 45-- Transportation By Air 451- Air Transportation, Scheduled, And Air Courier Services 4512 Air Transportation Scheduled 4512a Airlines Certified 4512b Airlines Non-Certified 4512c Air Cargo & Express Package Services 4513 Air Courier Services 452- Air Transportation, Nonscheduled 4522 Air Transportation Nonscheduled 4522a Air Ambulance Services 4522b Helicopter Charter & Rental Services 458- Airports, Flying Fields, And Airport Terminal Services 4581 Airports Flying Fields & Airport Terminal Services 4581a Airports & Aircraft Maintenance 4581b Airports With Terminals 4581c Airports Without Terminals 4581d Flying Fields 4581e Military Fields 4581f Aircraft Services & Maintenance 4581g Airport Terminal Services 4581j Aircraft Storage 4581k Aircraft Upholsterers 4581l Aircraft Ferrying & Transportation Services 46-- Pipelines, Except Natural Gas 461- Pipelines, Except Natural Gas 4612 Crude Petroleum Pipelines 4613 Refined Petroleum Pipelines 4619 Pipelines 47-- Transportation Services 472- Arrangement Of Passenger Transportation 4724 Travel Agencies 4724a Transportation Arrangements 4725 Tour Operators 4725g Wholesale Tours 4729 Arragement Of Passenger Transportation 4729a Airline Ticket Offices 4729b Steamship Ticket Offices 4729c Passenger Transportation Services 473- Arrangement Of Transportation Of Freight And Cargo 4731 Arrangement Of Transportation Of Freight & Cargo 4731a Freight Transportation Services 4731b Freight Forwarders 4731c Freight Consolidators 4731e Transportation Brokerage 4731f Customs & Custom House Brokers 474- Rental Of Railroad Cars 4741 Railroad Cars Rental 4741a Railroad Car Rental With Services 4741b Railroad Car Rental Without Services 478- Miscellaneous Services Incidental To Transportation 4783 Packing & Crating Services For Shipping 4785 Fixed Facilities Inspection & Weighing Services For Motor Vehicles 4785a Motor Vehicle Inspection & Weighing Services 4785b Tunnels Toll Roads & Bridges 4789 Transportation Services 48-- Communications 481- Telephone Communications 4812 Radiotelephone Communications 4812d Paging & Signaling Services 4812e Mobile Telephone Services 4813 Telephone Communication Except Radiotelephone 4813a Long Distance Telephone Services 482- Telegraph And Other Message Communications 4822 Telegraph & Other Message Communications 4822b Facsimile Transmission Service 483- Radio And Television Broadcasting Stations 4832 Radio Broadcasting Stations 4833 Television Broadcasting Stations 4833c Community Tv Services Antennas 484- Cable And Other Pay Television Services 4841 Cable & Other Pay Television Services 4841a Cable Television Services 489- Communications Services, Not Elsewhere Classified 4899 Communication Services 4899a Data Communications Services 4899c Statellite Communication Services 49-- Electric, Gas, And Sanitary Services 491- Electric Services 4911 Electric Services 492- Gas Production And Distribution 4922 Natural Gas Transmission 4923 Natural Gas Transmission & Distribution 4924 Natural Gas Distribution 4925 Mixed Manufactured Or Lpg Production &/Or Distribution 493- Combination Electric And Gas, And Other Utility Services 4931 Electric And Other Services Combined 4932 Gas And Other Services Combined 4939 Combination Utilities 494- Water Supply 4941 Water Supply 495- Sanitary Services 4952 Sewerage Systems 4953 Refuse Systems 4959 Sanitary Services 496- Steam And Air-Conditioning Supply 4961 Steam And Air Conditioning Supply 497- Irrigation Systems 4971 Irrigation Systems 50-- Wholesale Trade-Durable Goods 501- Motor Vehicles And Motor Vehicle Parts And Supplies 5012 Automobile & Other Motor Vehicles Distribution & Wholesale 5012a Trucks Wholsale 5012b Automobile & Truck Trailers Wholsale 5012c Campers Recreational Vehicles & Pickup Coachs Distribution & Wholesal 5012e Automobile Brokers 5012h New & Used Buses Distribution & Wholesale 5013 Motor Vehicle Supplies & New Parts Wholesale 5013a Automobile Parts Wholesale 5013b Truck Trailer Equipment Wholsale 5013c Automobile Services Equipment Wholesale 5013d Motorcycle Parts Wholesale 5013t Automobile Radio & Stereo Systems Wholesale 5013u Mufflers & Exhaust Systems Wholesale 5013w Automobile Radiators Wholesale 5013z Truck Bodies Wholesale 5014 Tires & Tubes Wholesale 5015 Used Motor Vehicle Parts Wholesale Or Retail 5015a Used & Rebuilt Auto Supplies Wholesale Or Retail 5015c Used Automobile Parts Wholesale Or Retail 502- Furniture And Home Furnishings 5021 Furniture Wholesale 5021a Office Furniture Wholesale 5021b Lockers Wholesale 5021c Shelving Wholesale 5021h Kitchen Cabinets Wholesale 5021j Water Beds Wholesale 5021k Outdoor Furniture Wholesale 5021l Beds Wholesale 5021m Mattresses Wholesale 5023 Homefurnishings Wholesale 5023a Carpet Rug & Floor Coverings Wholesale 5023b Chinaware & Glassware Wholesale 5023c Draperies Wholesale 5023d Housewares Wholesale 5023e Decorating Supplies Wholesale 5023f Lamps & Lampshades Wholesale 5023g Fireplace Equipment Wholesale 5023h Bedding Wholesale 5023j Venetian Blinds Wholesale 5023n Bedspreads Wholesale 5023p Bathroom Fixtures & Accessories Wholesale 5023s Closets & Closet Accessories Wholesale 5023w Vertical Blinds Wholesale 5023x Linens Wholesale 5023y Towels Wholesale 5023z Shower Curtains Wholesale 503- Lumber And Other Construction Materials 5031 Lumber Plywood Millwork & Wood Panels Wholesale 5031d Plywood & Veneers Wholesale 5031f Cabinets Wholesale 5031j Door Frames Wholesale 5031k Moldings Wholesale 5031l Doors Wholesale 5032 Brick Stone & Related Construction Materials Wholesale 5032b Ceramic Tile Wholesale 5032c Concrete Blocks Shapes & Construction Products Wholesale 5032d Crushed & Natural Stone Wholesale 5032f Sand & Gravel Wholesale 5032g Brick Dealers Wholesale 5032h Cement Wholesale 5033 Roofing Siding & Insulation Materials Wholesale 5039 Construction Materials Wholesale 5039a Building Materials Wholesale 5039e Non-Ceramic Tile Wholesale 5039n Glass Wholesale 5039p Mosiacs Wholesale 5039q Poles Wholesale 5039s Fence Materials Wholesale 5039u Mobile Home Dealers Wholesale 5039v Energy Conversation Construction Materials Wholesale 504- Professional And Commercial Equipment And Supplies 5043 Photographic Equipment & Supplies Wholesale 5043b Audio Visual Equipment Wholesale 5043d Motion Picture Film Wholesale 5043e Motion Picture Equipment & Supplies Wholesale 5043f Projection Apparatus Wholesale 5044 Office Equipment Wholesale 5044a Duplicating Machines Wholesale 5044b Blue Print Equipment & Supplies Wholesale 5044c Dictating Machines Wholesale 5044d Cash Registers Wholesale 5044e Accounting Machines Except Machines Readable Wholesale 5044f Safes & Vaults Wholesale 5044g Calculators Wholesale 5044h Photocopy Machines Wholesale 5044i Addressing Machines Wholesale 5044m Bank Equipment & Supplies Wholesale 5044n Word Processing Equipment Wholesale 5044o Paper Shredding Machines Wholesale 5044x Accounting & Bookkeeping Systems Wholesale 5045 Computers & Computer Peripheral Equipment & Software Wholesale 5045a Machine Readable Programed Accounting Machines Wholesale 5046 Commercial Equipment Wholesale 5046a Hotel & Motel Equipment & Supplies Wholesale 5046b Restaurant & Food Service Equipment Wholesale 5046c Store Fixtures Wholesale 5046d Scales Except Laboratory Wholesale 5046e Coin Operated Vending & Amusement Devices Wholesale 5047 Medical Dental & Hospital Equipment & Supplies Wholesale 5047a Dental Equipment & Supplies Wholesale 5047b Oxygen Therapy Equipment Wholesale 5047c Hospital & Lab Equipment & Supplies Wholesale 5047d Veterinarian Supplies Wholesale 5047e Physician Equipment & Supplies Wholesale 5047f Hospital Beds Wholesale 5048 Ophthalmic Goods Wholesale 5048a Opticians Goods Wholesale 5049 Professional Equipment & Supplies Wholesale 5049b Drafting Supplies Wholesale 5049c Scientific Apparatus Wholesale 5049d Surveyors Instruments Wholesale 5049e Religious Equipment & Supplies Wholesale 5049h School Supplies Wholesale 505- Metals And Minerals, Except Petroleum 5051 Metal Service Centers & Offices Wholesale 5051a Aluminum Distributors 5051b Brass & Copper Distributors 5051d Steel Service And Warehousing 5051h Concrete Reinforcements Wholesale 5051l Investment Castings Wholesale 5051m Non-Electrical Wire & Cable Wholesale 5051n Iron Wholesale 5051r Nails & Tacks Wholesale 5051z Pipe Wholesale 5052 Coal & Other Minerals & Ores Wholesale 5052a Coal & Coke Wholesale 506- Electrical Goods 5063 Electrical Apparatus Equipment Wiring Supplies & Construction Material 5063a Burglar Alarm Systems Equipment & Supplies Wholesale 5063c Electric Motors Wholesale 5063d Generators Wholesale 5063e Fire Alarm System Distribution & Wholesale 5063f Electric Lighting Fixtures Equipment & Apparatus Wholesale 5063g Electrical Signs Wholesale 5063h Storage Batteries Wholesale 5063n Electrical Meters Wholesale 5063o Transformers Wholesale 5063q Dry Cell Batteries Wholesale 5063r Electric Motor Supplies Wholesale 5063s Electrical Signal Systems Wholesale 5064 Electrical Appliances Television & Radio Sets Wholesale 5064a Radio & Hi Fi Equipment Wholesale 5064b Refrigerators & Freezers Wholesale 5064d Vacuum Cleaners Wholesale 5064e Major Appliances Wholesale 5064f Small Appliances Wholesale 5064g Video Recorders & Players Wholesale 5064m Electric Shavers Wholesale 5064n Television Sets Wholesale 5065 Electronic Parts & Equipment Wholesale 5065a Paging & Signaling Equipment Wholesale 5065b Closed Circuit Television Equipment Wholesale 5065c Radio Supplies & Parts Wholesale 5065d Recording & Sound Equipment & Supplies Wholesale 5065e Telephone Equipment Intercoms & Related Equipment Wholesale 5065f Television Or Television & Radio Parts & Supplies Wholesale 5065g Data Communication Systems Wholesale 5065j Electronic Manufacturer Representatives 5065k Electronic Intruments Wholesale 5065l Electronic Parts Assemblers 5065t Mobile Telephone Equipment & Supplies Wholesale 5065v Stereo Parts Wholesale 5065w Radar Equipment & Supplies Wholesale 5065x Facsimile Equipment & Supplies Wholesale 507- Hardware, And Plumbing And Heating Equipment And Supplies 5072 Hardware Wholesale 5072d Pneumatic Tools Wholesale 5072e Hand & Hand Power Tools Wholesale 5072g Cutlery Wholesale 5072j Builders Hardware Wholesale 5072k Door Checks & Closers Wholesale 5072l Locks & Related Materials Wholesale 5074 Plumbing & Hydronic Heating Equipment & Supplies Wholesale 5074a Oil Burners Wholesale 5074b Plumbing Supplies Wholesale 5074c Water Heaters Wholesale 5074d Boiler Distribution & Wholesale 5074e Solar Heating Panels & Equipment Wholesale 5075 Warm Air Heating & Air Conditioning Equipment & Supplies Wholesale 5075a Furnaces Wholesale 5075b Electrical Heating Equipment & Supplies Wholesale 5075d Air Cleaning & Conditioning (Humidity Control Etc) Equipment Wholesale 5075p Heating Systems & Units Wholesale 5075q Furnance Parts & Supplies Wholesale 5075r Air Conditioning Systems & Equipment Wholesale 5078 Refrigeration Equipment & Supplies Wholesale 5078a Ice Making Equipment Wholesale 508- Machinery, Equipment, And Supplies 5082 Construction & Mining Except Petroleum Machinery & Equipment Wholesale 5082a Contractor Machinery Equipment & Supplies Wholesale 5082d Sewer Cleaning Equipment & Supplies Wholesale 5082e Mason Contractors Equipment & Supplies Wholesale 5082g Rubbish Removal Contractors Equipment & Supplies Wholesale 5082h Water Well Drilling Equipment & Supplies Wholesale 5082j Excavating Equipment Wholesale 5082k Dry Wall Contractor Equipment & Supplies Wholesale 5082n Sandblasting Equipment & Supplies Wholesale 5082x Mining Equipment Wholesale 5083 Farm & Garden Machinery & Equipment Wholesale 5083a Farm Tractors Wholesale 5083g Baling Equipment Equipment & Supplies Wholesale 5083j Sprinklers Garden & Lawn Wholesale 5083m Poultry Equipment & Supplies Wholesale 5083n Farm & Livestock Machinery & Equipment Exc Dairy Wholesale 5083o Dairy Equipment & Supplies Wholesale 5084 Industrial Machinery & Equipment Wholesale 5084a Air & Gas Compressor Dealers Wholesale 5084b Drilling Equipment Wholesale 5084c Industrial Trucks Wholesale 5084d Machinery & Machine Tools Wholesale 5084e Material Handling & Shop Equipment Wholesale 5084f Printing & Lithographing Equipment Wholesale 5084g Pumps Wholesale 5084h Industrial Waste Compactors Wholesale 5084i Welding Equipment & Supplies Wholesale 5084j Safety Equipment Wholesale 5084k Silk Screening Materials Wholesale 5084l Gasoline Or Diesel Engines Wholesale 5084m Tool & Die Makers Equipment Wholesale 5084n Industrial Fans Wholesale 5084o Garbage Container Receptacles Wholesale 5084p Robots Wholesale 5084q Audio & Video Recording Studio Equipment Wholesale 5084r Tanks Wholesale 5084s Measuring & Testing Equipment Wholesale 5084v Gauges & Gages Wholesale 5084y Cutting Tools Wholesale 5084z Plating Equipment & Supplies Wholesale 5085 Industrial Supplies Wholesale 5085a Abrasives Wholesale 5085d Packaging Materials Including Rope & Twine Wholesale 5085g Industrial Fasteners Wholesale 5085h Hose & Tubing Wholesale 5085i Buffing & Polishing Supplies Wholesale 5085l Sprockets Wholesale 5085m Mechanical Packings Wholesale 5085p Industrial Fittings Wholesale 5085q Elevator Supplies & Parts 5085r Filtering Materials & Supplies Wholesale 5085s Industrial Diamonds Wholesale 5085z Valves & Valve Fittings Wholesale 5087 Service Establishment Equipment & Supplies Wholesale 5087a Barber Shop Equipment & Supplies Wholesale 5087b Beauty Shop Equipment & Supplies Wholesale 5087c Cleaners & Laundry Equipment & Supplies Wholesale 5087d Funeral Director Equipment Wholesale 5087e Janitor Supplies Wholesale 5087f Upholsterer Supplies Wholesale 5087l Shoe Findings & Supplies Wholesale 5087n Bird Barriers Repellents & Controls Wholesale 5088 Transportation Equipment & Supplies Except Motor Vehicles Wholesale 5088e Ship Chandlers 509- Miscellaneous Durable Goods 5091 Sporting & Recreational Goods & Supplies Wholesale 5091a Swimming Pools & Hot Tubs Equipment & Supplies Wholesale 5091f Golf Equipment & Supplies Wholesale 5091h Pleasure Boat Distribution & Wholesale 5091j Pleasure Boat Equipment & Supplies Wholesale 5091k Bicycles Wholesale 5092 Toys & Hobby Goods & Supplies Wholesale 5092a Home Video Games Wholesale 5092c Dolls Wholesale 5093 Scrap & Waste Materials Wholesale 5093a Scrap Iron & Metal Wholesale 5093b Wastepaper Wholesale 5093c Automobile & Truck Wreckers For Scrap 5093i Plastic Scrap Wholesale 5093j Cotton Wool & Synthetic Waste Etc Wholesale 5093l Oil Waste Wholesale 5094 Jewelry Watches Precious Stones & Precious Metals Wholesale 5094c Clocks Wholesale 5094d Precious Metal Buyers & Sellers 5094e Diamonds Wholesale 5094f Watches Wholesale 5094h Jewelers Supplies Wholesale 5094j Jewerly Buyers 5094m Precious Semi Precious & Synthetic Gem Stones Wholesale 5099 Durable Goods Wholesale 5099a Fire Protection Equipment Wholesale 5099b Luggage Wholesale 5099c Manufacturers Agents 5099d Musical Instruments & Parts & Supplies Wholesale 5099e Compact Discs 5099f Import Products & Services Wholesale 5099t Sunglasses & Sun Goggles Wholesale 5099u Brooms Wholesale 5099v Solar Energy Equipment & Supplies Wholesale 51-- Wholesale Trade-Non-Durable Goods 511- Paper And Paper Products 5111 Printing & Writing Paper Wholesale 5112 Stationery & Office Supplies Wholesale 5112a Data Processing Supplies Wholesale 5112g Pens & Pencils Wholesale 5112h Commercial Stationary Wholesale 5112l Legal Forms Wholesale 5113 Industrial & Personal Service Paper Wholesale 5113a Packing Materials For Shipping Wholesale 5113d Paper Tubes & Cores Wholesale 5113e Specialty & Fancy Boxes Wholesale 512- Drugs, Drug Proprietaries, And Druggists' Sundries 5122 Drugs Drug Proprietaries & Druggist Sundries Wholesale 5122a Druggists Pharmaceutical Products Wholesale 5122b Cosmetics Wholesale 5122f Abdominal Supports Wholesale 5122g Ostomy Equipment & Supplies Wholesale 5122h Hair Preparations Wholesale 513- Apparel, Piece Goods, And Notions 5131 Piece Goods Notions & Other Dry Goods Wholesale 5131a Piece Goods Wholesale 5131c Bridal Supplies Wholesale 5131d Knit Goods Wholesale 5131e Zippers Wholesale 5131f Cotton Goods Wholesale 5131g Drapery Fabric Wholesale 5131h Textile Converters Except Kint Goods Wholesale 5131i Clothing Buttons Wholesale 5131j Textile Brokers 5131k Cotton Goods Converters 5136 Men & Boys Clothing & Furnishings Wholesale 5136a Work & Industrial Gloves Wholesale 5136b Mens Sportswear Wholesale 5136e Shirts Wholesale 5136f Hats Wholesale 5136h Caps Wholesale 5137 Women Children & Infants Clothing & Accessories Wholesale 5137a Womens Rack Merchandise Jobbers 5137b Womens Sportswear Wholesale 5137f Dresses Wholesale 5137g Womens Swimming Suits Wholesale 5137h Womens Uniforms Wholesale 5137j Handbag Wholesale 5137k Womens Hosiery Wholesale 5139 Footwear Wholesale 514- Groceries And Related Products 5141 General Line Groceries Wholesale 5141a Food Brokers 5142 Packaged Frozen Foods Wholesale 5143 Dairy Products Except Dried Or Canned Wholesale 5143b Cheese Wholesale 5143c Butter Wholesale 5144 Poultry & Poultry Products Wholesale 5145 Confectionery Wholesale 5145d Syrup Wholesale 5145e Pretzels Wholesale 5146 Fish & Seafood Wholesale & Brokers 5146a Fish & Seafood Wholesale 5146b Fish & Seafood Brokers 5147 Meat & Meat Products Wholesale 5147a Meat Brokers 5148 Fresh Fruits & Vegetables Wholesale 5148c Produce Brokers 5148d Citrus Fruit Wholesale 5148f Fruit & Vegetable Growers & Shippers 5148g Citrus Fruit & Vegetable Brokers 5148h Potatoes Wholesale 5149 Groceries And Related Products Wholesale 5149g Rice Wholesale 5149h Vegetable Oil Wholesale 5149k Coffee Wholesale 5149l Fruit & Vegetable Juice Distribution & Wholesale 5149m Ice Cream Cone Distribution & Wholesale 5149n Tortillas Wholesale 5149p Chocolate Wholesale 5149r Dried Fruits Wholesale 5149s Coffee & Tea Wholesale 5149x Salads Wholesale 515- Farm-Product Raw Materials 5153 Grain & Field Beans Wholesale 5153a Grain Brokers 5154 Livestock Wholesale 5159 Farm Product Raw Materials Wholesale 5159a Peanut Products Wholesale 5159b Cotton Wholesale 5159c Hides Wholesale 516- Chemicals And Allied Products 5162 Plastics Materials & Basic Forms & Shapes Wholesale 5162h Polyurethane Products Wholesale 5169 Chemicals & Allied Products Wholesale 5169a Compressed Gas Except Lpg Wholesale 5169l Ammonia Wholesale 517- Petroleum And Petroleum Products 5171 Petroleum Bulk Stations & Terminals Wholesale 5172 Petroleum & Petroleum Products Except Bulk & Terminals Wholesale 5172a Liquefied Petroleum Gas Wholesale 5172p Grease Wholesale 518- Beer, Wine, And Distilled Alcoholic Beverages 5181 Beer & Ale Wholesale 5182 Wine & Distilled Alcoholic Beverages Wholesale 519- Miscellaneous Non-Durable Goods 5191 Farm Supplies Wholesale 5191a Feed & Fertilizer Dealers Wholesale 5191r Agricultural Chemicals Exc Fertilizers Wholesale 5191t Beekeepers Supplies Wholesale 5192 Books Periodicals & Newspapers Wholesale 5192a Books Wholesale 5192b Newspaper & Magazine Distributors 5193 Flowers Nursery Stock & Florists Supplies Wholesale 5193a Plants Wholesale 5194 Tobacco & Tobacco Products Wholesale 5194d Tobacco Products Wholesale 5198 Paint Varnish & Supplies Wholesale 5198a Paint & Varnish Wholesale 5198b Wallpaper Wholesale 5198d Colors & Pigments Wholesale 5199 Nondurable Goods Wholesale 5199a Advertising Specialties Wholesale 5199b Burlap Cotton Or Canvas Bags Wholesale 5199c Carnival Supplies Wholesale 5199e Foam Rubber Wholesale 5199f General Merchandise Wholesale 5199g Giftware & Novelties Wholesale 5199h Art Gallery Supplies Wholesale 5199j Leather & Leather Goods Wholesale 5199m Variety Store Merchandise Wholesale 5199n Yarn Wholesale 52-- Building Materials, Hardware, Garden Supply, And Mobile Homes 521- Lumber And Other Building Materials Dealers 5211 Building Materials Dealers Retail 5211a Lumber Plywood & Building Materials Retail 5211b Roofing & Siding Materials Retail 5211c Window Jalousy & Door Dealers Retail 5211d Home Centers Retail 5211e Brick Dealers Retail 5211f Wallboard & Paneling Dealers Retail 5211g Fencing Materials Dealers Retail 5211h Door & Window Screens Retail 5211i Cement & Concrete Retail 5211j Portable Buildings Retail 5211k Energy Conservation Building Materials Retail 5211l Hardwoods Retail 5211m Ceiling Materials Retail 5211n Overhead Doors Retail 5211o Heating & Plumbing Supplies Retail 523- Paint, Glass And Wallpaper Stores 5231 Paint Glass & Wallpaper Stores 5231a Paint & Glass Dealers Retail 5231b Wallpaper & Wallcovering Dealers Retail 5231c Stained & Leaded Glass Retail 525- Hardware Stores 5251 Hardware Stores 5251a Chainsaw Dealers Retail 526- Retail Nurseries, Lawn And Garden Supply Stores 5261 Nurseries Lawn & Garden Supply Shops Retail 5261a Nurserymen 5261b Lawn & Garden Supply Stores Retail 5261c Lawn Mower Dealers Retail 5261d Fertilizer Dealers Retail 5261f Insecticides Retail 5261t Weed Control Equipment & Supplies Retail 5261v Bark Retail 527- Mobile Home Dealers 5271 Mobile Home Dealers Retail 5271a Mobile Home Equipment & Parts Dealers Retail 53-- General Merchandise Stores 531- Department Stores 5311 Department Stores 5311a Discount Department Stores 533- Variety Stores 5331 Variety Stores 539- Miscellaneous General Merchandise Stores 5399 Miscellaneous General Merchandise Stores 5399a Army & Navy Goods Stores 5399b Salvage & Surplus Stores Retail 54-- Food Stores 541- Grocery Stores 5411 Grocery Stores 5411c Convenience Food Stores 5411f Food Marts 5411g Food Plans Retail 542- Meat And Fish (Seafood) Markets, Including Freezer Provisioners 5421 Meat & Fish & Seafood Markets Including Freezer Provisioners Retail 5421a Freezer Meat Provisioners Retail 5421c Meat & Fish Markets Combined Retail 5421d Meat Markets Retail 5421e Fish & Seafood Stores Retail 543- Fruit And Vegetable Markets 5431 Fruit & Vegetable Markets Retail 5431b Farm Markets Retail 544- Candy, Nut, And Confectionery Stores 5441 Candy Nut & Confectionery Stores Retail 5441a Candy & Confectionery Stores Retail 5441b Nut Stores Retail 545- Dairy Products Stores 5451 Dairy Products Stores Retail 5451a Cheese Stores Retail 5451b Milk & Dairy Products Stores Retail 5451d Yogurt Retail 546- Retail Bakeries 5461 Bakeries Retail 5461a Bakeries Baking & Selling Retail 5461b Bakeries Selling Only Retail 5461c Bagels Stores Retail 5461d Donut Shops 5461e Cake & Pie Bakers Retail 5461f Cookie Shops Retail 549- Miscellaneous Food Stores 5499 Miscellaneous Food Stores 5499a Health Food Herb & Vitamin Stores Retail 5499b Coffee & Tea Dealers Retail 5499c Poultry Stores Retail 5499d Gourmet Shops Retail 5499e Japanese Food Products Retail 5499f Delicatessens 55-- Automotive Dealers And Gasoline Service Stations 551- Motor Vehicle Dealers (New And Used) 5511 New & Used Motor Vehicle Dealers Retail 5511a New & Used Car Dealers Retail 5511b Truck & Trailer Dealers Retail 552- Motor Vehicle Dealers (Used Only) 5521 Used Only Motor Vehicle Dealers Retail 5521a Antique & Classic Car Dealers Retail 5521b Used Car Dealers Retail 553- Auto And Home Supply Stores 5531 Automobile & Home Supply Stores Retail 5531a Automobile Parts & Accessory Stores Retail 5531b Truck Equipment & Parts Dealers Retail 5531c Tire Dealers Retail 5531e Racing Car Supply Dealers Retail 554- Gasoline Service Stations 5541 Gasoline Service Stations 555- Boat Dealers 5551 Boat & Marine Supply Dealers Retail 5551a Boat Dealers Retail 5551b Marine Supply Stores Retail 5551c Outboard Motor Dealers Retail 5551f Raft Dealers Retail 5551j Yacht Dealers Retail 556- Recreational Vehicle Dealers 5561 Recreational Vehicle Dealers Retail 5561a Camper & Pickup Coach Dealers Retail 5561b Camping & Travel Trailer Dealers Retail 5561c Motorized Home Dealers Retail 5561j Recreational Vehicle Parts & Accessories Retail 557- Motorcycle Dealers 5571 Motorcycle Dealers Retail 5571b Moped Dealers Retail 5571c All Terrain Vehicle Dealers Retail 559- Automotive Dealers, Not Elsewhere Classified 5599 Automobile Dealers Retail 5599a Aircraft Dealers Retail 5599b Snowmobile Dealers Retail 5599c Utility Trailers Retail 5599d Aircraft Brokers 56-- Apparel And Accessory Stores 561- Men's And Boys' Clothing And Accessory Stores 5611 Men & Boys Clothing & Accessory Stores Retail 5611a Work Clothing Stores Retail 5611b Boys Clothing & Furnishings Retail 5611k Mens Stores Retail 562- Women's Clothing Stores 5621 Womens Clothing Stores Retail 5621a Boutiques 5621b Bridal Shops Retail 5621c Maternity Shops Retail 563- Women's Accessory And Specialty Stores 5632 Womens Accessory & Specialty Stores Retail 5632a Bra & Corset Shops Retail 5632c Lingerie Shops Retail 5632d Millinery Shops Retail 5632e Handbag Shops Retail 5632f Hosiery Stores Retail 5632h Furriers & Fur Shops Retail 564- Children's And Infants' Wear Stores 5641 Childrens & Infant Wear Stores Retail 5641c Girls Apparel Retail 565- Family Clothing Stores 5651 Family Clothing Stores Retail 5651a Pants & Jean Stores Retail 5651b Knit Goods Shops Retail 5651c Glove & Mitten Shops Retail 5651d Sweater Shops Retail 566- Shoe Stores 5661 Shoe Stores Retail 5661a Custom & Orthopedic Shoe Stores Retail 5661b Athletic Footwear Stores Retail 569- Miscellaneous Apparel And Accessory Stores 5699 Miscellanous Apparel & Accessory Stores Retail 5699a Mens Custom Shirtmakers 5699b Mens Custom Tailors 5699c Custom Dressmakers 5699d Riding Apparel & Western Shops Retail 5699e Sports Apparel Stores Retail 5699f Uniform Stores Retail 5699g Wig Toupee & Wiglet Stores Retail 5699h Caps & Gowns Retail 5699i Fashion Designers 5699j Clothing Designers 5699k Dancing Supplies Retail 5699l Costume Sales & Rental Retail 5699w Garments Printing & Lettering 5699x Sheepskin Specialty Stores Retail 5699z Swimwear & Accessories Retail 57-- Home Furniture, Furnishings, And Equipment Stores 571- HOME FURNITURE AND FURNISHINGS STORES 5712 Furniture Stores Retail 5712a Youth Furniture Stores Retail 5712b Custom Built Furniture Makers 5712d Kitchen Cabinets & Counter Stores Retail 5712e Mattress Stores Retail 5712f Outdoor & Garden Furniture Stores Retail 5712g Waterbed Dealers Retail 5712h Unfinished Furniture Stores Retail 5713 Floor Covering Stores Retail 5713a Carpet & Rug Dealers Retail 5713b Tile & Linoleum Dealers Retail 5714 Drapery Curtain & Upholstery Stores Retail 5719 Miscellanous Homefurnishing Stores Retail 5719a China & Glassware Stores Retail 5719b Fireplaces & Fireplace Equipment Stores Retail 5719c Kitchenware & Houseware Stores Retail 5719d Lamp & Lampshade Shops Retail 5719e Linen & Bedding Shops Retail 5719f Mirror Stores Retail 5719g Blinds & Shades Stores Retail 5719h Closet & Bathroom Accessories Retail 5719i Lighting Fixtures Stores Retail 5719j Wood & Coal Etc Stoves Retail 5719v Carved & Ornamental Glass Retail 5719x Pillows Retail 572- Household Appliance Stores 5722 Household Appliance Stores Retail 5722a Residential Room Air Conditioner Dealers Retail 5722b Major Appliance Dealers Retail 5722c Sewing Machine & Sewing Supplies & Attachment Dealers Retail 5722d Vacuum Cleaner Dealers Retail 5722e Household Fan Dealers Retail 5722f Small Electric Appliance Dealers Retail 573- Radio, Television, Consumer Electronics, And Music Stores 5731 Consumer Electronics Stores Retail 5731a Radio Equipment & Parts Stores Retail 5731b Hi Fi Equipment Stores Retail 5731c Citizens Band Radio Stores Retail 5731d Television Dealers Retail 5731f Video Equipment & Supplies Retail 5731h Automobile Radio & Stereo Stores Retail 5731i Audio Visual Equipment Dealers Retail 5734 Computer & Computer Software Stores Retail 5734a Computers & Computer Equipment & Supplies Retail 5734b Computer Software Supplies & Parts Retail 5735 Record & Prerecorded Tape Stores Retail 5735a Record & Tape Outlet Stores Retail 5735e Video Tape & Disc Stores Retail 5736 Musical Instrument Stores Retail 5736a Sheet Music Stores Retail 5736b Piano Dealers Retail 5736c Organ Dealers Retail 58-- Eating And Drinking Places 581- Eating And Drinking Places 5812 Restaurants 5812a Restaurants - American 5812b Restaurants - Chinese 5812c Restaurants - Barbecue 5812d Restaurants - Fast Food 5812e Restaurants - Cafeterias 5812f Restaurants - French 5812g Restaurants - German 5812h Restaurants - Greek 5812i Restaurants - Health 5812j Restaurants - Indian & Pakistan 5812k Restaurants - Drive In 5812l Restaurants - Italian 5812m Restaurants - Japanese 5812n Restaurants - Korean & Vietnamese 5812o Restaurants - Mexican 5812p Restaurants - Sandwich Shops 5812q Restaurants - Seafood 5812r Restaurants - Spanish 5812s Restaurants - Steak Houses 5812t Restaurants - Thai 5812u Restaurants - Pizza 5812v Caterers & Related Services 5812w Contract Food Services 5812x Ice Cream & Frozen Custard Stands & Parlors Retail 5812y Coffee & Donut Shops 5812z Concessionaires 5813 Alcoholic Beverage Drinking Places 5813a Bars & Cocktail Lounges 5813b Nightclubs 5813c Discotheques 59-- Miscellaneous Retail 591- Drug Stores And Proprietary Stores 5912 Drug & Proprietary Stores Retail 5912a Proprietary Stores Retail 592- Liquor Stores 5921 Liquor Stores Retail 5921a Wine Retail 5921b Beer & Ale Retail 593- Used Merchandise Stores 5932 Used Merchandise Stores Retail 5932a Antique Stores Retail 5932b Used & Rare Book Dealers Retail 5932c Used Clothing Stores Retail 5932d Used Home Furniture & Furnishings Retail 5932e Used Office Furniture Furnishings & Equipment Retail 5932f Used Store Fixtures & Equipment Retail 5932g Pawnbrokers 5932h Used Brick Dealers Retail 5932j Used Building Materials Retail 5932p Used Musical Instruments Retail 5932q Back Issue Magazine Sales 5932r Swap Shops 5932s Used Refrigerators & Freezers Retail 5932u Used Major Household Appliances Retail 5932x Used Carpet & Rug Dealers Retail 5932y Used Electric Motors Retail 594- Miscellaneous Shopping Goods Stores 5941 Sporting Goods Stores & Bicycle Shops Retail 5941a Bicycles & Bicycle Parts & Accessories Retail 5941b Camping Equipment Stores Retail 5941c Bait Shops Retail 5941d Fishing Equipment Stores Retail 5941e Gun Shops And Gunsmiths Retail 5941f Saddlery & Harness Stores Retail 5941g Tennis Shops Retail 5941h Water & Snow Ski Shops Retail 5941i Bowling Equipment Stores Retail 5941j Golfing Equipment Stores Retail 5941k Diver Equipment & Supplies Stores Retail 5941l Surfboard & Windsurfing Stores Retail 5941m Billiard Supply Stores Retail 5941n Archery Supply Stores Retail 5941o Skate Boards & Equipment Stores Retail 5941p Soccer Equipment & Supplies Retail 5941q Skating Supply Stores Retail 5941r Excercise Equipment Stores Retail 5941s Karate & Martial Arts Supply Stores Retail 5941z Trampoline Equipment & Supplies Retail 5942 Book Stores Retail 5943 Stationery Stores Retail 5943a Office Supply Stores Retail 5943b School Supply Stores Retail 5943c Notary & Corporate Seal Dealers Retail 5943e Rubber Metal & Plastic Stamps Retail 5944 Jewelry Stores Retail 5944a Jewelry Designers & Craftsman Retail 5944b Diamonds Retail 5944z Jewelry Engravers 5945 Hobby Toy & Game Shops Retail 5945a Arts & Crafts Supply Stores Retail 5945b Model & Hobby Supplies Stores Retail 5945c Toy Stores Retail 5945d Game Shops Retail 5945e Video Games Retail 5945f Ceramic Equipment & Supplies Retail 5945x Dolls & Doll Houses & Supplies Retail 5946 Camera & Photographic Supply Stores Retail 5946a Photographic Equipment & Supplies Retail 5947 Gift Novelty & Souvenir Shops Retail 5947a Gift Shops Retail 5947b Greeting Cards Retail 5947c Novelty Shops Retail 5947e Souvenir Shops Retail 5947i Gift Baskets & Parcels Retail 5947u Balloon Shops Novelty & Toy Retail 5948 Luggage & Leather Goods Stores Retail 5949 Sewing Needlework & Piece Goods Stores Retail 5949a Needlework Stores Retail 5949b Fabric Shops Retail 5949c Notions & Sewing Supplies Retail 5949e Yarn Retail 596- Nonstore Retailers 5961 Catalog & Mail Order Houses 5961a Magazine Mail Order Subscription Agents 5962 Automatic Merchandising Machine Operators 5963 Direct Selling Establishments 5983 Fuel Oil Dealers Retail 5984 Bottled Liquefied Petroleum Gas Dealers Retail 5989 Fuel Dealers Retail 5989a Coal & Coke Dealers Retail 5989b Firewood Dealers Retail 599- Retail Stores, Not Elsewhere Classified 5992 Florists Retail 5992a Plant Shops Retail 5993 Tobacco Stores & Stands Retail 5993a Pipes & Smokers Articles Retail 5994 News Dealers & Newsstands Retail 5995 Optical Goods Stores Retail 5999 Miscellaneous Retail Stores 5999a Aquarium Supply Stores Retail 5999b Artificial Flower Stores Retail 5999c Art & Art Supply Stores Retail 5999d Awning & Tent Stores Retail 5999e Trophy & Plaque Stores Retail 5999f Cosmetic Stores Retail 5999g Hearing Aid Stores Retail 5999h Candle Stores Retail 5999i Beauty Supply Dealers Retail 5999j Monument Dealers Retail 5999k Wedding Supplies & Services Retail 5999l Orthopedic Prosthesis & Medical Supply Stores Retail 5999m Pets & Pet Supplies Retail 5999n Stamp & Coin Dealers Retail 5999o Feed & Farm Supply Dealers Retail 5999p Lapidaries & Lapidary Equipment & Supplies Retail 5999q Baby Carriage Dealers Retail 5999r Pictures & Picture Frame Shops Retail 5999s Party Supply Shops Retail 5999t Ice Dealers Retail 5999u Telephone & Telephone Equipment Stores Retail 5999v Typewriters & Typewriter Supply Dealers Retail 5999w Religious Goods Stores Retail 5999x Binoculars & Telescopes Retail 5999y Factory Outlet Stores 5999z Christmas Lights & Decorations Retail 60-- Depository Institutions 601- Central Reserve Depository Institutions 6011 Banks - Federal Reserve 6019 Banks - Central Reserve Depository Institutions 602- Commercial Banks 6021 Banks - National Commercial Banks & Trusts Member Frs & Fdic Insured 6022 Banks - State Commercial Banks & Trusts 6022a Banks - State Commercial Banks & Trusts Member Frs & Fdic Insured 6022b Banks - State Commercial Banks & Trusts Fdic Insured Only 6029 Banks - Commercial Banks & Trusts 6029a Banks - Commericial Banks & Trusts Member Frs & Fdic Insured 6029b Commericial Banks & Trusts Fdic Insured Only 6029c Banks - Mutual Savings Banks Member Frs & Fdic Insured 6029d Banks - Mutual Savings Banks Fdic Insured Only 6029e Banks - Mutual Savings Banks 603- Savings Institutions 6035 Banks - Savings Institutions Federally Chartered 6035a Banks - Federal Savings & Loan Associations Member Fslic 6035b Banks - Federal Savings & Loan Associations Not Member Fslic 6035c Banks - Federal Savings Banks Member Flsic 6035d Banks - Federal Savings Banks Not Member Flsic Or Unknown 6035e Federal Savings Institutions Member Flsic 6036 Savings Instututions Not Federally Chartered 6036a Non-Federal Savings & Loan Associations Member Fslic 6036b Non-Federal Savings & Loan Associations Not Member Fslic Or Unknown 6036c Non-Federal Savings Banks Member Fslic 6036d Non-Federal Savings Banks Not Member Fslic Or Unknown 6036e Non-Federal Savings Institutions Member Fslic 606- Credit Unions 6061 Credit Unions Federally Chartered 6062 Credit Unions Not Federally Chartered 6062a Credit Unions 6062b State Credit Unions 608- Foreign Banking And Branches And Agencies Of Foreign Banks 6081 Banks - (Foreign) Branches & Agencies 6082 Foreign Trade & International Banking Institutions 609- Functions Related To Depository Banking 6091 Non-Deposit Trust Facilities 6091a Non-Deposit Trusts Federal Reserve 6091b Non-Deposit Trusts Not Fdic 6099 Functions Related To Depository Banking 6099a Safe Deposit Companies 6099b Clearing House Associations 6099d Check Cashing Services 6099e Foreign Currency Exchanges 6099f Money Order Services 6099g Traveler Check Issuance 6099h Currency Exchanges 61-- Non-Depository Credit Institutions 611- Federal And Federally-Sponsored Credit Agencies 6111 Federal & Federally Sponsored Credit Unions 6111a Government National Mortgage Association 6111b Rediscounting For Agricultural 6111c Banks - Federal Land 6111e Banks - Import Export 614- Personal Credit Institutions 6141 Personal Credit Institutions 6141a Non Deposit Individual Loan Banks 6141b Loan & Finance Companies 6141c Installment Sales Finance Companies 615- Business Credit Institutions 6153 Short Term Business Credit Institutions Except Agricultural 6153a Factors 6159 Miscellaneous Business Credit Institutions 616- Mortgage Bankers And Brokers 6162 Mortgage Bankers & Loan Correspondents 6162b Foreclosure Assistance 6163 Loan Brokers 62-- Security And Commodity Brokers, Dealers, Exchanges, And Services 621- Security Brokers, Dealers, And Flotation Companies 6211 Security Brokers Dealers & Flotation Companies 6211a Investment Security Companies 6211b Stock & Bond Brokers 6211c Mutual Funds 6211f Oil Land Leases 6211g Investment Management Services 622- Commodity Contracts Brokers And Dealers 6221 Commodity Contracts Brokers & Dealers 623- Security And Commodity Exchanges 6231 Security & Commodity Exchanges 6231a Stock Exchanges 628- Services Allied With The Exchange Of Securities Or Commodities 6282 Investment Advice 6282b Retirement Planning Services 6289 Services Allied With The Exchange Of Securities Or Commodities 63-- Insurance Carriers 631- Life Insurance 6311 Life Insurance 632- Accident And Health Insurance And Medical Service Plans 6321 Health & Accident Insurance 6324 Hospital & Medical Service Plans 633- Fire, Marine, And Casualty Insurance 6331 Fire Marine & Casualty Insurance 635- Surety Insurance 6351 Surety Insurance 636- Title Insurance 6361 Title Insurance 637- Pension, Health, And Welfare Funds 6371 Pension Health & Welfare Funds 639- Insurance Carriers, Not Elsewhere Classified 6399 Insurance Carriers 6399a Insurance Company Home Offices 64-- Insurance Agents, Brokers, And Service 641- Insurance Agents, Brokers, And Service 6411 Insurance Agents Brokers & Service 6411a Insurance Adjusters 6411b Insurance Consultants 6411c Combined Insurance Law & Loan Offices 6411d Pension Plan Consultants 65-- Real Estate 651- Real Estate Operators (Except Developers) And Lessors 6512 Operators Of Nonresidential Buildings 6512a Office Building Management 6512b Shopping Center Management 6512c Operators Of Auditoriums Arenas Halls Stadiums & Athletic Fields 6512z Industrial Developments 6513 Operators Of Apartment Buildings 6513e Operators Of Retirement Centers 6514 Operators Of Dwellings Other Than Apartment Buildings 6515 Operators Of Residential Mobile Home Sites 6517 Lessors Of Railroad Property 6519 Lessors Of Real Property 6519a Oil Property Leasing & Management 653- Real Estate Agents And Managers 6531 Real Estate Agents & Managers 6531a Real Estate Appraisers 6531b Real Estate & Property Management Firms 6531c Real Estate Agents 6531d Real Estate Rental Information Services 6531f Real Estate Investments 6531g Condominium & Townhouse Management 654- Title Abstract Offices 6541 Title Abstract Offices 6541a Title Companies 655- Land Subdividers And Developers 6552 Land Subdividers & Developers Except Cemetaries 6552b Land Companies 6553 Cemetery Subdividers & Developers 6553a Cemeteries & Mausoleums 6553b Pet Cemeteries 67-- Holding And Other Investment Offices 671- Holding Offices 6712 Offices Of Bank Holding Companies 6719 Offices Of Holding Companies 672- Investment Offices 6722 Management Investment Offices Open Ended 6726 Unit Investment Trusts Face Amount Cert & Closed End Mgmt Invesmt Off 6726a Management Investment Offices Closed End 6726b Unit Investment Trusts 6726c Face Amount Certificate Offices 673- Trusts 6732 Educational Religious & Charitable Trusts 6733 Trusts Except Educational Religious & Charitable 679- Miscellaneous Investing 6792 Oil Royalty Traders 6794 Patent Owners & Lessors 6798 Real Estate Investment Trusts 6799 Investors 6799a Commodity Traders 70-- Hotels, Rooming Houses, Camps, And Other Lodging Places 701- Hotels And Motels 7011 Hotels Motels & Tourist Courts 7011a Hotels 7011b Motels 7011c Resorts 7011d Bed & Breakfast Accommodations 7011f Bungalow & Cottage Lodging 7011j Skiing Centers & Resorts 7011k Tourist Accomodations 7011l Guest Ranches 702- Rooming And Boarding Houses 7021 Rooming & Boarding Houses 7021b Dormitories 703- Camps And Recreational Vehicle Parks 7032 Sporting & Recreational Camps 7032c Fishing Camps 7033 Recreational Vehicle Parks & Campsites 704- Organization Hotels And Lodging Houses, On Membership Basis 7041 Organization Hotels & Lodging House On Membersship Basis 72-- Personal Services 721- Laundry, Cleaning, And Garment Services 7211 Power Launderies Family & Commercial 7212 Garment Pressing & Agents For Laundries & Drycleaners 7213 Linen Supply 7215 Coin Operated Laundries & Drycleaning 7215a Coin Operated & Self Service Laundries 7215b Coin Operated & Self Service Cleaners 7216 Drycleaning Except Rug Cleaning 7216a Drapery & Curtain Cleaners 7216b Cleaners Wholesale 7217 Carpet & Upholstery Cleaners 7218 Industrial Launderers 7218a Uniform Supply Service 7219 Laundry & Garment Services 7219a Reweaving & Mending Services 7219b Clothing Alterations 7219c Cleaning Storage Remodeling & Repair Services Including Fur 7219d Diaper Services 7219e Seamtress Dressmaking Customer Material 7219f Pillow Cleaning & Renovating 7219g Zipper Repairing 7219h Leather Goods Cleaning Dyeing & Repairing 722- Photographic Studios, Portrait 7221 Photographic Portrait Studios 723- Beauty Shops 7231 Beauty Shops & Schools 7231a Beauty Culture Schools 7231b Beauty Salons 7231c Manicure & Pedicure Salons 7231k Cosmetology Salons & Cosmetologists 7231w Beauty Salons Selling Wigs 724- Barber Shops 7241 Barber Shops & Schools 7241a Barber Schools 7241b Barber Shops 7241w Barber Shops Selling Wigs 725- Shoe Repair Shops And Shoeshine Parlors 7251 Shoe Repair Shops & Shoeshine Parlors 7251c Shoe Dyers 726- Funeral Service And Crematories 7261 Funeral Service & Crematories 7261e Funeral Plans 729- Miscellaneous Personal Services 7291 Tax Return Preparation Service 7299 Miscellaneous Personal Services 7299a Tanning Salons 7299b Formal Wear Services 7299c Costume Rental 7299e Massage Parlors 7299f Clothing Rental Except Formal 7299g Dating Services 7299h Party Planning Services 7299i Health Fitness & Weight Control Consultants & Services 7299j Wake Up Service 7299k Escort Services 7299l Consignment Service Resale Shops 7299m Mail Receiving Services 7299n Wedding Chapels 7299o Hot Tubs Baths & Spas 7299p Meat Cutting & Butchering Services 7299q Fashion Stylists & Consultants 7299r Shopping Service Personal 7299s Tattoo Service 7299t Personal Service Bureau 7299u Debt & Credit Counseling Services 7299v Color & Style Consultants 7299w Time & Tempature Services 7299y Bail Bond Services 7299z T Shirt Stores 73-- Business Services 731- Advertising 7311 Advertising Agencies 7311f Motion Picture Advertising 7311g Periodical Advertising 7312 Outdoor Advertising Services 7313 Advertising Representatives - Radio Television & Publishers 7313a Newspaper Advertising Representatives 7313b Magazine Advertising Representatives 7313c Radio & Tv Advertising Representatives 7313d Publishers Representatives 7319 Advertising Services 7319a Advertising Clipping Services 7319e Display Installation Services 7319g Aerial Advertising Services 7319h Transit & Transportation Advertising 732- Consumer Credit Reporting Agencies, Mercantile Reporting Agencies 7322 Adjustment & Collection Services 7322a Collection Agencies 7322b Adjustment Bureaus 7322c Collection & Credit Reporting Services 7323 Credit Reporting Services 7323a Credit Reporting Services (Business) 733- Mailing, Reproduction, Commercial Art And Photography, And Stenographic 7331 Direct Mail Advertising Services 7331a Lettershops & Addressing Services 7331b Mailing List Brokers & Compilers 7334 Photocopying & Duplicating Services 7334b Blueprinting Services 7334c Duplicating Services Except Printing 7334d Photocopy Services 7334e Copying & Duplicating Services 7334f Offset Reproductions 7335 Commercial Photography 7335a Aerial Photographers 7335b Slide & Filmstrip Producers 7336 Commercial Art And Graphic Design 7336a Package Designers 7336b Commercial Artists 7336c Calligraphers 7336k Graphic Services 7336l Advertising Art Layout & Production Services 7336m Chart Services 7338 Secretarial & Court Reporting Services 7338a Secretarial Services 7338b Stenographic Services 7338c Resume Services 7338d Word Processing Services 7338e Editorial & Proofreading Services 734- Services To Dwellings And Other Buildings 7342 Disinfecting & Pest Control Services 7342a Exterminating & Fumigating Services 7342b Deodorizing & Disinfecting Services 7342h Insect Control Devices & Services 7342j Mothproofing 7349 Building Cleaning & Maintenance Services 7349a Janitorial Services 7349b Chimney Cleaning & Maintenance Services 7349c Building Maintenance & Repair Services 7349d Industrial Chemical Cleaning Services 7349e Window Cleaning Services 7349r Condominium Maintenance Services 7349t Roof Cleaning 7349v Air & Gas Filter Cleaning Services 7349w Property Maintenance 7349x Venilation System Cleaning 7349y Domestic Help & Maid Services 735- Miscellaneous Equipment Rental And Leasing 7352 Medical Equipment Rental & Leasing 7352a Oxygen Therapy Equipment Rental 7352b Hospital Equipment Rental 7353 Heavy Construction Equipment Rental & Leasing 7359 Equipment Rental & Leasing 7359a Floor & Carpet Maintenance Equipment Rental 7359b Furniture Rental 7359c Lawn & Garden Equipment Rental 7359d Party Equipment Rental 7359e Industrial Equipment Rental 7359f Video Equipment & Supplies Rental 7359g Office & Commercial Equipment Rental 7359h Television & Radio Rental Dealers 7359i Video Game Rental 7359j Store & Yard Rental Service 7359k Hot Tubs & Spa Rental 7359l Oil Field Equipment & Supplies Rental 7359m Contractor Equipment Rental 7359n Audio Visual Equipment Rental & Leasing 7359o Major Household Appliance Rental 7359q Sound System & Equipment Rental 7359r Washing Machine Dryer & Ironer Rental 7359s Ladder Rental 7359t Spraying Equipment Rental 7359u Refrigerator & Freezer Rental & Leasing 7359v Musical Instrument Rental 7359x Table Rental 736- Personnel Supply Services 7361 Employment Agencies 7361b Nurse Registries 7361c Executive Recruiters 7361j Labor Contractors 7363 Help Supply Services 7363a Temporary Business Supply Services 7363b Modeling Agencies 7363d Bartending Services 7363e Chauffeur Services 737- Computer Programming, Data Processing, And Other Computer Related Services 7371 Computer Programming Services 7371a Computer Software Development Services 7371b Custom Computer Programming Services 7372 Software (Computer) Prepackaged 7373 Computer Integrated Systems Design 7374 Computer Processing & Data Preparation & Processing Services 7375 Information Retrieval Services 7376 Computer Facilities Management Services 7377 Computer Rental & Leasing 7378 Computer Maintenance & Repair Services 7378a Computer Peripheral Equipment Repair Services 7378b Computer Service And Repair 7378c Word Processing Equipment Maintenance 7379 Computer Related Services 7379c Computer System Consultants 7379d Computer Graphics Services 738- Miscellaneous Business Services 7381 Detective Guard & Armored Car Services 7381a Armored Car Services 7381b Detective Agencies 7381c Lie Detection Services 7381d Guard & Patrol Services 7382 Security Systems Services 7382a Fire Protection Services 7383 News Syndicates 7384 Photofinishing Laboratories 7384b Photofinishing Retail 7389 Business Services 7389a Appraisers 7389b Auctioneers & Liquidators 7389c Business Brokers 7389d Draftsmen Services 7389e Mediation & Arbitration Services 7389f Interior Design Services 7389g Export Services 7389h Yacht Brokers 7389i Seminar & Lecture Bureaus 7389j Microfilming Services 7389k Packing & Crating Services Except For Shipping 7389l Trade Show Party Services & Supplies 7389m Swimming Pool & Hot Tub Services 7389n Telephone Answering & Message Services Exc Beeper 7389o Auto Transporters & Drive Away Services 7389p Process Serving Services 7389q Hotel & Motel Reservations 7389r Translators & Interpreters 7389s Notary Publics 7389t Telemarketing & Telephone Interviewing 7389u Sign Letterers & Painters 7389v Embroidery & Monogram Services 7389w Trading Stamp & Coupon Services & Companies 7389x Water Softening Services 7389y Video & Sound Recording Services 75-- Automotive Repair, Services, And Parking 7513 Truck Rental & Leasing Without Driver 7514 Automobile Rental 7515 Automobile Leasing 7519 Utility Trailer & Recreational Vehicle Rental 7519a Mobile Home Rental 7519f Motor Home Rental & Leasing 752- Automobile Parking 7521 Automobile Parking 7521a Automobile Parking Lots & Garages 7521c Automobile Parking Attendant Service 7532 Automobile Top Body & Upholstery Repair & Paint Shops 7532a Automobile Tire & Body Repair Shops 7532b Automobile Upholstery & Top Repair Shops 7532c Automobile Body Repair Shops 7532d Automobile Paint Shops 7532e Truck Painting & Lettering 7532g Automobile Customizing & Conversion Services 7533 Automobile Exhaust System Repair Shops 7534 Automobile Tire Retreading & Repair Shops 7536 Automobile Glass Replacement Shops 7537 Automobile Transmission Repair Shops 7538 Automobile Repair Shops 7538a Truck Repair Shops 7538b Recreational Vehicle Repair Shops 7538c Automobile Machine Shops 7538h Bus Repair & Service 7538u Automobile Engine Rebuilding Repair & Exchange 7538z Automobile Crankshaft Grinding Services 7539 Automobile Repair Shops 7539a Automobile Brake Services 7539b Automobile Electrical Services 7539e Automobile Wheel & Frame Alignment Shops 7539f Automobile Radiator & Gas Tank Repair Shops 7539g Automobile Carburetor Repair Shops 7539j Automobile Shock Absorber & Spring Service 7539y Automobile Emission Control Service 754- Automotive Services, Except Repair 7542 Car & Truck Washes 7542a Truck Washes 7542b Automobile Washing & Waxing 7542c Automobile Steam Cleaning Services 7549 Automobile Services Except Repair & Washing 7549a Automobile Towing & Road Services 7549c Automobile Rust proofing & Undercoating Services 7549d Automobile Oil Change & Lubrication Services Only 7549e Mobile Lubrication Services 7549f Automobile Air Conditioning Sales Installation & Service 76-- Miscellaneous Repair Services 762- Electrical Repair Shops 7622 Radio Television & Consumer Electronic Repair Shops 7622a Radio & Television Repair Shops 7622b Video Equipment Repair Shops 7622c Stereo & Hi Fi Repair Shops 7622d Antenna Installation & Repair Shops 7622h Audio Visual Equipment Repair Shops 7623 Refrigeration & Air Conditioning Service & Repair Services 7623a Air Conditioning Repair Services 7623b Refrigeration Repair Services 7623e Air Conditioning Equipment Room Unit Repair Services 7623f Air Conditioning System Cleaning Testing & Balancing Services 7629 Electrical & Electronic Repairs 7629a Electrical Appliance Repair Services 7629b Vacuum Cleaner Repair Services 7629c Clothes Washing Machine & Dryer Repair Services 7629d Lamp & Lighting Fixture Repair & Mounting Shops 7629e Electronic Equipment Repair Shops 7629k Electrical Equipment Repair & Service 7629u Marine Electrical Equipment Repair 7629w Garbage Disposal Equipment Repair & Service 7629y Microwave Oven Repair Service 763- Watch, Clock, And Jewelry Repair 7631 Watch Clock & Jewelry Repair 7631a Watch & Clock Repair Services 7631b Diamond Setters 7631c Jewelry Repair Services 764- Reupholstery And Furniture Repair 7641 Furniture Repair & Reupholstery 7641a Furniture - Upholsterers 7641b Home Furniture Repair & Refinishing Services 7641c Office Furniture & Equipment Repair & Refinishing Services 7641d Antique Furniture Restoring & Repair Shops 7641g Caning 769- Miscellaneous Repair Shops And Related Services 7692 Welding Repair 7692d Industrial Welding 7694 Armature Rewinding & Electric Motor Repair Shops 7699 Repair Shops & Related Services 7699a Air Compressor & Pump Repair Shops 7699b Bicycle Repair Shops 7699c Blacksmiths 7699d Industrial Tool Grinders 7699e Lawn Mower Repair & Service 7699f Leather Goods Repair 7699g Locksmiths 7699h Sewer Septic Tank & Drain Cleaning & Repair 7699i Racket Restringing & Repair 7699j Gas & Oil Burner Repair Services 7699k Organ & Piano Tuning & Repair Services 7699l Taxidermists 7699m Carpet & Rug Repairing Services 7699n Doors Door Closers & Checks Repair Services 7699o Bathtubs & Sinks Repair & Refinishing 7699p Tool Repair Sharpening Services & Contractor Equipment 7699q Doll Repair Services 7699r Gas Appliances Repair Services 7699s Mobile Home Repair Services 7699t Sewing Machine Repair Services 7699u Silverware Cleaning Repairing & Replating 7699v Industrial Balancing Services 7699x Musical Instrument Repair Services 7699y Motorcyle Repair Services 7699z Typewriter Repair Services 78-- Motion Pictures 781- Motion Picture Production And Allied Services 7812 Motion Picture & Video Tape Production 7812a Film Motion Picture Producers 7812b Television Program Producers 7812e Television Film Production & Distribution 7819 Motion Picture Production Services 7819a Motion Picture Film & Video Editing 7819c Motion Picture Laboratories 7819d Motion Picture Equipment Supplies & Studio Rental 782- Motion Picture Distribution And Allied Services 7822 Motion Picture & Video Tape Distribution 7822a Motion Picture Film Distributors & Exchanges 7822b Television Film & Tape Distribution 7822c Video Tapes (Prerecorded) & Discs Wholesale 7829 Motion Picture Distribution Services 7829a Motion Picture Libraries 783- Motion Picture Theaters 7832 Motion Picture Theaters Except Drive In 7833 Drive In Motion Picture Theaters 784- Video Tape Rental 7841 Video Tape Disk & Film Rental 7841a Motion Picture Film Rental To The General Public 7841b Video Disk & Tape Rental To The General Public 79-- Amusement And Recreation Services 791- Dance Studios, Schools, And Halls 7911 Dance Studios Schools & Halls 7911a Dancing Schools 7911b Ballrooms 792- Theatrical Producers (Except Motion Picture), Bands, Orchestras 7922 Producers Except Motion Pictures & Miscellaneous Theatrical Services 7922a Theater & Sports Ticket Agencies 7922b Theatrical Agents 7922c Theater Equipment & Supplies 7922d Opera Companies 7922f Radio Program Producers 7922g Theatres 7922h Dance Companies 7922m Radio & Television Commercial Producers 7922n Television Program Distributors 7929 Bands Orchestras Actors & Other Entertainment Groups 7929a Orchestras & Bands 7929b Entertainers 7929c Singing Telegrams 7929d Musicians 7929e Entertainment & Concert Bureaus 7929f Disc Jockeys 793- Bowling Centers 7933 Bowling Centers 794- Commercial Sports 7941 Professional Sports Clubs & Promoters 7941a Soccer Clubs 7941b Sports Promoters & Managers 7948 Racing Including Track Operations 799- Miscellaneous Amusement And Recreation Services 7991 Physical Fitness Facilities 7991a Athletic Clubs 7991b Health Clubs & Reducing Salons 7991c Spas 7991d Physical Fitness Clubs 7991e Gymnasiums 7992 Public Golf Courses 7993 Coin Operated Amusement Devices 7996 Amusement Parks 7997 Membership Sports & Recreation Clubs 7997a Bridge Clubs 7997b Golf & Country Clubs 7997c Private Tennis Badmitton Squash Handball & Raquet Ball Clubs 7997e Yacht & Boating Clubs 7999 Amusement & Recreation Services 7999a Astrologers 7999b Manned Balloons 7999c Bicycle & Motorcycle Rentals 7999d Ice Skating Rinks 7999e Miniature Golf Courses 7999f Recreation Centers 7999g Riding Academies & Stables 7999h Boating Instructions 7999i Card Playing Rooms 7999j Roller Skating Rinks 7999k Public Tennis & Racquetball Courts 7999l Swimming Pool Facilities Except Membership 7999m Boat & Canoe Rental Services 7999n Guide Services 7999o Tennis Instruction 7999p Martial Arts & Self Defense Instruction 7999q Tourist Attractions 7999r Billiard & Pool Establishments 7999s Recreation Equipment Rental 7999t Diving Instructions 7999u Fairgrounds 7999v Golf Instructions 7999w Knitting Instructions 7999x Swimming Instructions 7999z Fishing Lakes & Parties 80-- Health Services 801- Offices And Clinics Of Doctors Of Medicine 8011 Doctors Of Medicine - Clinics & Offices 8011a Administrative Physicians & Surgeons 8011c Research Physicians 8011e Physicians & Surgeons 8011i Intern Physicians & Surgeons 1st Year Resident 8011o Office Based Physicians & Surgeons 8011r Resident Physicians & Surgeons 8011s Full Time Hosipital Staff Physicians & Surgeons 8011t Medical Teaching Physicians & Surgeons 8011v Retired Physicians & Surgeons 802- Offices And Clinics Of Dentists 8021 Dentists - Clinics And Offices 8021a Dental Groups & Clinics 8021b Dentists Group Corporate & Insurance Plans & Practice 8021c Oral Surgeons 8021e Endodontists 8021g Orthodontists 8021h Pedodontists 8021i Periodontists 8021j Prosthodontists 803- Offices And Clinics Of Doctors Of Osteopathy 8031 Osteopathy (Doctors Of) 8031b Osteopathic Clinics 804- Offices And Clinics Of Other Health Practitioners 8041 Chiropractors Clinics & Offices 8042 Optometrists - Clinics And Offices 8042a Pediatric Optometrists 8042b Contact Lenses Optometrists 8042c Geriatric Optometrists 8042d Low Vision Optometrists 8042e Visual Training Optometrists 8042f Optometrists Group & Corporate Practice 8043 Podiatrists & Chiropodists - Clinics And Offices 8049 Health Practitioners - Clinics And Offices 8049b Psychologists 8049c Acupuncturists 8049d Biofeedback Therapy & Training 8049e Naturopaths 8049f Hypnotists 8049g Dietitians 8049h Drugless Practitioners 8049i Hypnotherapy 8049j Occupational Therapists 8049k Paramedics 8049l Parapsychologists 8049m Naprapaths 8049n Reflexologists 8049o Holostic Practitioners 8049p Psychiatric Social Workers 8049u Dental Hygienists 8049w Midwives 805- Nursing And Personal Care Facilities 8051 Skilled Nursing Care Facilities 8052 Intermediate Care Facilities 8059 Nursing & Personal Care Facilities 8059a Nursing & Rest Home Boarding Care Facilities 8059b Convalescent Homes 8059d Health Facilities 8059f Hospices 8059g Adult Health Care Facilities 806- Hospitals 8062 Hospitals - General Medical & Surgical 8062a State Hospitals 8062b County Hospitals 8062c City Hospitals 8062e Government District Or Authority Hospitals 8062f Church Operated Hospitals 8062g Non Profit Hospitals Not Government 8062o Veterans Administration Hospitals 8062p Ama Approved Residency Hospitals 8062q Hospital Affiliated With Ama Residency 8062r Hospital W/Professional Nursing School W/Ama Residency 8062s Schools - Hospitals With Professional Nursing Affiliation 8062t Schools - Hospitals With Nursing Internship 8062u Medical Schools With Hospital Affiliation 8062v Hospitals With Professional Nursing School 8063 Psychiatric Hospitals 8069 Specialty Hospitals Except Psychiatric 8069a Sanitariums 807- Medical And Dental Laboratories 8071 Medical & X-Ray Laboratories 8071a Medical Laboratories 8071b Medical X-Ray Laboratories 8071c Dental X-Ray Laboratories 8072 Dental Laboratories 808- Home Health Care Services 8082 Home Health Care Services 809- Miscellaneous Health And Allied Services, Not Elsewhere Classified 8092 Kidney Dialysis Centers 8093 Specialty Outpatient Facilities 8093a Birth Control & Family Planning Centers 8093b Health & Welfare Clinics 8093c Smoking Information & Treatment Centers 8093d Mental Health & Psychiatric Clinics 8093e Physical & Occupational Therapy & Rehabilitation Services 8093f Alcohol Information & Treatment Centers 8093g Drug Abuse Information & Treatment Centers 8093t Medical Groups & Clinics 8099 Health & Allied Services 8099a Blood Banks 8099c Physician & Surgeon Information & Referral Services 8099d Hmo (Health Maintenance Organizations) 8099e Childbirth Information Services & Preparation Classes 8099g Nursing Home Services 8099h Denture Fabrication & Repair Services 8099j Colonic Irrigation Services 8099k Poison Control Centers 8099l Sperm Banks 81-- Legal Services 811- Legal Services 8111 Attorneys & Legal Services 8111a Copyright Patent & Trademark Attorneys 8111e Divorce Assistance 8111f Legal Clinics 8111m Attorney & Lawyer Service Bureaus 8111z Legal Services 82-- Educational Services 821- Elementary And Secondary Schools 8211 Elementary & Secondary Schools 8211a Catholic Elementary Schools 8211b Catholic Junior High Schools 8211c Catholic Senior High Schools 8211d Catholic Combined Elementary & Secondary Schools 8211e Catholic Vocational & Technical Schools 8211f Catholic Special Education Schools 8211g Catholic Schools 8211h Private Elementary Schools 8211i Private Junior High Schools 8211j Private Senior High Schools 8211k Private Combined Elementary & Secondary Schools 8211l Private Vocational & Technical Schools 8211m Private Special Education Schools 8211n Private Schools 8211o Public Elementary Schools 8211p Public Junior High Schools 8211q Public Senior High Schools 8211r Public Combined Elementary & Secondary Schools 8211s Public Vocational & Technical Schools 8211t Public Special Education Schools 8211u Public Adult Education Schools 8211v Public Schools 8211w Public School Districts 8211y Private & Parochial Schools 8211z Religious & Parochial Schools 822- Colleges, Universities, Professional Schools, And Junior Colleges 8221 Colleges Universities & Professional Schools 8222 Junior Colleges & Technical Institutes 823- Libraries 8231 Libraries 8231a Public Libraries 8231b Special Libraries 8231c College & University Libraries 8231d Junior College Libraries 8231e Law Libraries 8231f Medical Libraries 8231g Military Post Libraries 8231h Government Libraries 8231i Religious Libraries 824- Vocational Schools 8243 Data Processing Schools 8244 Business & Secretarial Schools 8244b Business & Vocational Schools 8244c Business Only Educational Services 8249 Vocational Schools 8249a Commercial Art & Photography Schools 8249b Medical & Dental Assistant Schools 8249c Practical Nurse Training Schools 8249d Real Estate & Insurance Schools 8249e Industrial Technical & Trade Schools 8249f Correspondence Schools 8249g Aviation Schools Excluding Flying Instruction 829- Schools And Educational Services, Not Elsewhere Classified 8299 Schools & Educational Services 8299a Flight Schools 8299b Automobile Driving Schools 8299c Dressmaking & Sewing Schools 8299d Language Schools 8299e Modeling & Charm Schools 8299f Music & Fine Art Schools 8299j Art Schools 8299k Bible Study & Schools 8299m Personal Development Schools 8299r School Information & Referral Services 8299s General Interest Schools 8299t Baton Twirling Schools 8299u Cooking Schools 8299v Drama Schools 8299w Public Speaking & Speech Schools 8299x Motivational & Self Improvement Schools 8299y Craft Schools 8299z Schools - Special Academic Education 83-- Social Services 832- Individual And Family Social Services 8322 Individual & Family Social Services 8322a Family & Marriage Counselors 8322b Social Workers 8322c Youth Organizations & Centers 8322d Senior Citizen Organizations 8322e Social Services & Welfare Organizations 8322f Child Abuse Information & Treatment Centers 8322g Suicide Prevention Services 8322h Child & Parental Guidance Institutions 8322m Missions 8322n Social Settlements 8322p Homemaker Services 8322q Adult Day Care Centers 833- Job Training And Vocational Rehabilitation Services 8331 Job Training & Vocational Rehabilitation Services 8331c Career & Vocational Counseling 8331d Apprenticeship Training Programs 8331e Employment Training Services 835- Child Day Care Services 8351 Child Day Care Services 836- Residential Care 8361 Residential Care 8361c Homes For The Blind 8361d Adult Residential Care Homes 8361f Retirement Communities & Homes 839- Social Services, Not Elsewhere Classified 8399 Social Services 8399b Fund Raising Services 8399z National Association Headquarters 84-- Museums, Art Galleries, And Botanical And Zoological Gardens 841- Museums And Art Galleries 8412 Art Galleries & Museums 8412a Art Galleries 842- Arboreta And Botanical Or Zoological Gardens 8422 Arboreta & Botanical Or Zoological Gardens 8422a Animal & Reptile Exhibits 8422b Zoos 86-- Membership Organizations 861- Business Associations 8611 Business Associations 8611a Chambers Of Commerce 8611b Junior Chambers Of Commerce 8611c Business & Trade Organizations 862- Professional Membership Organizations 8621 Professional Membership Organizations 863- Labor Unions And Similar Labor Organizations 8631 Labor Unions & Similiar Labor Organizations 864- Civic, Social, And Fraternal Associations 8641 Civic Social & Fraternal Associations 8641a Military & Veterans Organizations 8641b Fraternaties And Sororities 8641c Environmental Protection Organizations 8641d Youth Clubs 8641f Educational Organizations 865- Political Organizations 8651 Political Organizations 866- Religious Organizations 8661 Religious Organizations & Leaders 8661a Churches Convents & Monasteries 8661b Apostolic Churches 8661c Assembly Of God Churches 8661d Baptist Churches 8661e Seventh Day Adventist Churches 8661f Buddhist Temples 8661g Churches Of The Brethern 8661h Christian & Reformed Churches 8661i Jewish Synagogues 8661j Christian Reformed Churches 8661k Churches - Christian Science 8661l Churches Of Christ 8661m Churches Of God 8661n Covenant & Evangelical Churches 8661o Mormon Churches 8661p Episcopal Churches 8661q Lutheran Churches 8661r Mennonite Churches 8661s Methodist Churches 8661t Churches Of The Nazarene 8661u Pentecostal Churches 8661v Presbyterian Churches 8661w Catholic Churches 8661x Reformed Churches 8661y Greek Orthodox Churches 8661z Catholic Diocesan Offices 869- Membership Organizations, Not Elsewhere Classified 8699 Membership Organizations 8699b Christian Science Reading Room 8699c Womens Organizations & Services 87-- Engineering, Accounting, Research, Management 871- Engineering, Architectural, And Surveying Services 8711 Engineering Services 8711b Structural Engineering Services 8711c Industrial Engineering & Design Services 8711d Foundation Engineering 8711e Civil Engineers 8711f Energy Conservation Engineers & Engineering Services 8711g Geotechnical Engineering Services 8711h Professional Engineering Services 8711i Acoustical Engineering Services 8711j Electrical & Electronic Engineering Services 8711k Heating Air Conditioning & Ventilating Engineering Services 8711l Mechanical Engineering Services 8711m Environmental Engineering Services 8711n Mining Engineering Services 8711o Marine Engineers & Engineering Services 8711p Fire Protection Engineers & Engineering Services 8711q Sanitary Engineering Services 8711r Chemical Engineering Services 8711v Land Planning Engineering Services 8711w Petroleum Engineering Services 8712 Architectural Services 8712b Naval Architects 8712c Architect & Builder Services 8712d Architectual Design Services 8712e Engineering & Architectural Services 8713 Surveying Services 872- Accounting, Auditing, And Bookkeeping Services 8721 Accounting Auditing & Bookkeeping Services 8721a Accounting Services 8721b Calculating Statistical & Payroll Services 8721c Bookkeeping Services 873- Research, Development, And Testing Services 8731 Commercial Physical & Biological Research 8731a Electronic Research & Development 8731b Experimental Work 8732 Commercial Economic Sociological & Educational Research 8732a Market Research Services 8733 Noncommercial Research Organizations 8733a Educational Research Foundations 8733b Bacteriologists 8734 Testing Laboratories 8734a Percolation Testing Laboratories 8734d Industrial X-Ray Laboratories 874- Management And Public Relations Services 8741 Management Services 8741b Inventory Management Services 8741d Sales Management Services 8741e Hotel & Motel Management 8741f Marketing Management Services & Programs 8741g Product Development & Marketing Management Services 8741i Restaurant & Food Service Management Services 8742 Management Consulting Services 8742f Employee & Human Resources Management Consulting 8742h Industrial And Labor Relations Consultants 8742k Marketing Consultants 8743 Public Relations Services 8743c Lobbyists 8744 Facilities Support Management Services 8748 Business Consulting Services 8748a City & Town Planners 8748b Energy Conservation Consultants 8748c Interpersonal Business Communication Consultants 8748d Educational Consultants 8748e Safety Consultants 8748f Electronic Consultants 8748g Petroleum Consultants 8748h Consultants - Mining 8748i Economic Consultants 8748j Hospital Consultants 8748k Acoustical Consultants 8748l Engineering Consulting Services 8748m Building Construction Consultants 8748n Lighting Consultants 8748o Real Estate Consultants 8748p Financial & Financing Consulting Services 8748q Industrial Consultants 8748r Parking & Traffic Consulting Services 8748s Food & Beverage Consultants 8748t Foreign Trade Consultants 8748u Industrial Hygiene Consultants 88-- Private Households 881- Private Households 8811 Private Households 89-- Services, Not Elsewhere Classified 899- Services, Not Elsewhere Classified 8999 Services 8999a Actuarial Services 8999b Chemists & Scientists 8999c Information Bureaus 8999f Composers & Musical Arrangers 8999g Geophysicists 8999h Geologists 8999i Archaeologists 8999j License Services 8999k Artists & Artists Studios 8999l Sculptors 8999o Professional Talent Management 8999p Art Restoration Services 8999q Eviction Services 8999w Noncommericial Scientific Consulting Services 91-- Executive, Legislative, And General Government, Except Finance 911- Executive Offices 9111 Executive Offices 9111a City Halls - City & Town Management Offices 9111b County Supervisor & Executive Offices 9111y County Seats - County Government Offices 9111z Local Government Executive Offices 912- Legislative Bodies 9121 Legislative Bodies 913- Executive And Legislative Offices Combined 9131 Executive And Legislative Offices Combined 919- General Government, Not Elsewhere Classified 9199 General Government 9199a General Federal Government Offices 9199b General State Government Offices 92-- Justice, Public Order, And Safety 921- Courts 9211 Courts 9211a Justices Of The Peace 922- Public Order And Safety 9221 Police Protection 9221a City Marshalls 9221b Constables 9221c Sheriffs 9222 Legal Counsel & Prosecution 9223 Correctional Institutions 9224 Fire Protection 9224a Volunteer Fire Departments 9224x Volunteer Rescue Services 9229 Public Order & Safety 93-- Public Finance, Taxation, And Monetary Policy 931- Public Finance, Taxation, And Monetary Policy 9311 Public Finance Taxation & Monetary Policy 94-- Administration Of Human Resource Programs 941- Administration Of Educational Programs 9411 Adminstration Of Educational Programs 9411a Bureau Of Indian Affairs & Schools 943- Administration Of Public Health Programs 9431 Administration Of Public Health Programs 944- Administration Of Social, Human Resource And Income Maintenance Programs 9441 Administration Of Social Human Resource & Income Maintenance Programs 945- Administration Of Veteran's Affairs, Except Health And Insurance 9451 Administration Of Veterans Affairs Except Health & Insurance 95-- Administration Of Environmental Quality And Housing Programs 951- Administration Of Environmental Quality Programs 9511 Air Water Resource & Solid Waste Management 9511a Air Pollution Control Agencies 9511b Water Pollution Control Agencies 9512 Land Mineral Wildlife & Forest Conservation 953- Administration Of Housing And Urban Development Programs 9531 Administration Of Housing Programs 9531a Housing Authorities 9532 Administration Of Urban Planning & Rural Development 96-- Administration Of Economic Programs 961- Administration Of General Economic Programs 9611 Administration Of General Economic Programs 962- Regulation And Administration Of Transportation Programs 9621 Regulation & Administration Of Transportation Programs 963- Regulation And Administration Of Communications, Electric, Gas, And Other 9631 Regulation & Administration Of Communications & Utilities 964- Regulation Of Agricultural Marketing And Commodities 9641 Regulation Of Agricultural Marketing & Commodities 9641a County Agricultural Agents 965- Regulation, Licensing, And Inspection Of Miscellaneous Commercial Sectors 9651 Regulation Licensing & Inspection Of Misc Commercial Sectors 966- Space Research And Technology 9661 Space Research & Technology 97-- National Security And International Affairs 971- National Security 9711 National Security 9711a Armed Forces Recruiting 972- International Affairs 9721 International Affairs 9721a Consulates & Embassies 99-- Nonclassifiable Establishments 999- Nonclassifiable Establishments 9999 Nonclassifiable Establishments Appendix C: Land Use Tables    P = Permitted Use                             C = Conditional Use                              LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  RESIDENTIAL                                                        Household units - housing authority housing only (1100)                                           C            Single-Family Dwelling - Detached (1111) P P P P P C C P P                                      Single-Family Dwelling - Attached (1112)  C C P P C C                                        Two-Family Dwelling - attached to commercial or other nonresidential use (1123)                       P                                Multiple Family Dwelling (1133)                       P                                Apartments - low rise attached to commercial or other nonresidential use as a mixed-use project as set forth in Rexburg City (1143)                       P                                Apartments - high rise attached to commercial or other non-residential use; as a mixed-use project as set forth in Rexburg City Code (1153)                       P                                Apartments - maximum of six (6) persons per unit attached to commercial or other nonresidential use as a mixed-use project as set forth in Section3.15.160, Rexburg City Code (1211)                       C                                Membership Lodging (1220)                       P                                Assisted and Residential Care Facility (1241)   C C C C P P   C                                      Religious Quarters (1250)                       P                                Residential Facility for Elderly Persons (1291)   C C C C P P   C   P P                                Disabled Persons Residential Facility (1292) P P P P P P P P P   P P                   C            Residential Hotels (1300)                       P                                Transient Lodgings (1500)                       P                                Hotels (1511)                        C   C  C                          Motels - highway frontage only (1512)                     C     C P                          Tourist Courts (1513)                             P                           LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  MANUFACTURING                                                        Food and Kindred Products - except 2111 and 2194 (2100)                                 P                      Meat Packing (2111)                                 C                      Poultry and Small Game Dressing and Packing (2113)                               C                        Dairy Products (2120)                               C                        Canning - Specialty Foods (2132)                               C                        Canning - Fruits, Vegetables, Preserves, Jams, etc. (2133)                               C                        Frozen Fruits, Fruit Juices, Vegetables, etc. (2137)                               C                        Bakery Products (2150)                               P                        Confectionery and Related Products (2170)                               P                        Bottling and Canning Soft Drinks and Carbonated Waters (2185)                               P                        Animal and Marine Fats and Oils (2194)                                 C                      Textile Mill Products - except 2296 (2200)                               P                        Tire Cord and Fabric (2296)                                 P                      Apparel and Other Finished Products Made from Fabrics, Leather, Etc. - except 2361 (2300)                               P                        Leather Tanning and Finishing (2361)                                 P                      Lumber and Wood Products (2400)                                 P                      Furniture and Fixtures (2500)                               P                        Paper and Allied Products - except 2610 Pulp (2600)                                 P                      Pulp (2610)                                 C                      Converted Paper and Paperboard Products - except containers and boxes (2640)                               P                        Printing, Publishing - including newspapers (2700)                           P   P               P P P    Commercial Printing (2740)                                 P                      Commercial Printing only related to retail sales of printed products (2742)                     P                                  Chemicals and Allied Products - except 2892 and 2899 (2800)                                 P                      Industrial Inorganic Chemicals - includes air separation facilities (2811)                               C                        Plastic Materials, Synthetic Resins, and non- vulcanizable elastomers (2821)                               C                         LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  MANUFACTURING - CONT'D                             Drugs (2830)                               C                        Perfumes, Cosmetics, and Other Toilet preparations (2844)                               P                        Softwood Distillates (2861)                                       P                Explosives (2892)                                 C                      Printing Ink (2893)                               P                        Fireworks Only (2899)                                 C                      Paving and Roofing Materials (2920)                                 C                      Rubber Footwear (3120)                               P                        Reclaimed Rubber (3130)                                 C                      Miscellaneous Plastic products (3140)                               C                        Miscellaneous Fabricated Rubber Products (3190)                               C                        Flat Glass (3210)                               P                        Flat Glass, Glassware (3210 & 3220)                           P                            Glass and Glassware - Pressed or Blown (3220)                               P                        Structural Clay Products (3240)                                 C                      Pottery and Related Products (3250)                               P                        Farm Equipment (3252)                           P                            Pottery & Related Products (3260)                           P     C                      Cut Stone and Stone Products (3270)                               P                        Non-clay Refractories (3286)                                 C                      Blast Furnaces, Steel Works, Etc. (3310)                                 C                      Iron and Steel Foundries (3320)                                 C                      Primary Smelting and Refining of Nonferrous Metals (3330)                                 C                      Secondary Smelting and Refining of Nonferrous Metals (3340)                                 C                      Rolling, Drawing, and Extruding of Nonferrous Metals (3350)                                 C                      Nonferrous foundries - small item casting only (3360)                               C P                      Nonferrous Forgings (3392)                                 P                      Fabricated Metal Products - excepts 3410 ordinate and accessories (3400)                                 P                      Ordinate and Accessories (3410)                                 C                       LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  MANUFACTURING - CONT'D                             Metal Working Machinery and Equipment - tool and dye shops, machine shops, etc. (3424)                               C                        Office Machines - Small (3427)                               P                        Electrical Machinery, Equipment Supplies (3430)                           C   P                        Aircraft manufacturing and assembling - in or adjacent to an airport (3442)                                           C            Aircraft engines and engine parts - in or adjacent to an airport (3443)                                           C            Aircraft parts other than engines - in or adjacent to an airport (3444)                                           C            Cutlery, Hand Tools, and General Hardware (3492)                               P                        Fabricated Wire products (3498)                               C                        Professional, Scientific, Optical Goods (3500)                           C   P                        Laboratory & Research Instruments (3510)                           P                   P P P    Instruments for Measuring (3520)                           P                            Optical Instruments and Lenses (3550)                           P                            Film Manufacturing (3560)                                 P                      Computers; digital, analog & hybrid (3571)                                       P                Computer storage units (3572)                                       P                Computer terminals (3575)                                       P                Computer output to microfilm units, computer peripheral equipment (3577)                                       P                Computer software tape and disks, blank: rigid and floppy (3695)                                       P                Computer interface equipment for industrial process control (3823)                                       P                Computerized axial-tomography - CT/Cat Scanner apparatus (3845)                                       P                Miscellaneous Manufacturing - except 3993 and 3995 (3900)                               P                        Musical Instruments (3920)                                               P P P    Matches (3993)                                 P                      Morticians' Goods (3995)                                 P                      Other Miscellaneous Manufacturing as determined by the Planning and Zoning Commission (3999)                                 P                       LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  TRANSPORTATION & UTILITIES                                                        Railroads, Including Terminals and Yards (4100)                           C   P P         C            Bus Passenger Terminals (4121 - 4123)                           P                   P P P    Motor Vehicle Transportation (4200)                               C P                      Bus Transportation - except 4214 (4210)                       P                                Bus Garaging, Equipment Maintenance (4214)                           C                   P P P    Motor Freight Terminals (4221)                           C                   P P P    Motor Freight Garaging and Maintenance (4222)                           C                   P P P    Motor Vehicle transportation (4290)                       P                                Ambulance Service (4292)                     C                                  Ambulance services (4294)                                           C            Airports and flying fields (4310)                                           C            Heliport Landing/Take-Off Pads, with Maintenance Facilities (4390)                                 C         C            Heliport - with pads only, no maintenance (4392)                       C       C                        Highways and street rights-of-way (4500)                                       P   P            Parking lot - surplus parking only (4600)                     C P   P   P P         C   P P P    Communications (4700) C C C C C C C   C     C C   C P P   C P/C   C            Telephone Exchange Stations, Microwave Towers (4710)                                               P P P    Low Power Radio Communication Towers and Antennas (4715)                               C C                      Radio and TV Transmitting Stations and Towers (4732)                           C                   P P P    Radio, Television Broadcasting Station (4750)                           C                   P P P    Utilities - except 4812, 4813, and 4822 (4800)                                 P                      Electric transmission right-of-way - identifies areas where the surface is devoted exclusively to the right-of-way of the activity (4811)                       P P P P P P   P     P            Electric generation plants - conventional fuel including hydro-electric, solar, etc. (4812)                                 C         C            Electric generation plants - nuclear energy (4813)                                 C                      Electricity Regulating Substations (4814) C C C C C C C   C     C C C C C     C     C             LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  TRANSP. & UTILITIES - CONT'D                             Electric utility company office (4815)                       C       C           C            Small Generation (4818)                       C C C C C     C     C            other electric utility, NEC (4819)                       C       C                        Gas pipeline right-of-way - identifies areas where the surface is devoted exclusively to the right-of-way of the activity (4821)                       P P P P P P   P     P            Natural or manufactured gas storage; distribution points (4823)                       C C C C C C                      Gas pressure control stations (4824)                       P P P P P P   P     P            Gas Company Office (4825)                       C       C                        Other Gas Utilities, NEC (4829)                       C C C C C     C     C            Water pipeline right-of-way - identifies areas where the surface is devoted exclusively to the activity (4831)                       P P P P P P   P     P            Water Treatment Plants - Purification (4832)                               C           C            Water storage as part of a utility system - open reservoirs (4833)                                           C            Water storage as part of a utility system - covered including water storage stand pipes (4834)                     C C C C C C     C     C            Irrigation distribution channels (4835)                       P P P P P P   P     P            Water pressure control stations and pumping plants (4836)                       P P P P P P   P     P            Water utilities or irrigation company office (4837)                       P       P P         P            Other Water Utilities or Irrigation, NEC (4839)                               C           C            Sewage pipeline right-of-way - identifies areas where surface is devoted exclusively to right-of-way activity (4841)                       P P P P P P   P     P            Sewage pumping stations (4844)                       P P P P P P   P     P            Water Reclamation Plants, Sludge Drying Beds, etc. (4845)                               C           C            Water Pressure Control Station and Pumping Plants (4846)                               P P         C            Other Sewage Disposal, NEC (4849)                               C           C            Central garbage grinding stations and composting plants (4852)                                           C            Refuse disposal company office (4853)                       P       P           C            Refuse Disposals (4855)                               C                         LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  TRANSP. & UTILITIES - CONT'D                             Active slag dumps and mineral waste disposals (4857)                                           C            Combination Utilities Company Storage Yards and Equipment Storage (4861)                               C           C            Gas and electric utility company office (4862)                       P       P P         P            Water and electric utility company office (4863)                       P       P P         P            Combination utilities right-of-way - identifies areas where surface is devoted exclusively to right-of-way activity (4864)                       P P P P P P   P     P            Combination Utilities, NEC (4869)                               C           C            Debris Basin - a dam and basin for intercepting debris (4872)                     C C C C C C     C     C            Storm drain or right-of-way - predominantly covered pipes or boxes (4873)                       P P P P P P   P     P            Spreading Grounds - area for percolating water into underground (4874)                     C C C C C C     C     C            Other Utilities, NEC (4890)                               C           C            Miscellaneous Transportation, Communication, and Utilities (4900)                               P P                      Travel Agencies (4923)                     P P   P P       P P                Other Utility and Public Facilities (4939) C C C C C C C   C                             P P P                                                             WHOLESALE                                                        Computer terminals - wholesale (5045)                                       P                Wholesale Trade - except 5150, 5182, 5191, 5192 5193, and 5199 (5100)                               P                        Computer paper - wholesale (5112)                                       P                Drugs, and Druggist Supplies (5121)                           P                            Farm Products, Grain (5121)                           C                            Dry Goods and Apparel (5130)                           P                            Farm Products - raw materials (5150)                                 P                      Electrical Goods (5160)                           P                            Hardware, Plumbing, Heating & Supplies (5170)                           P                            Farm machinery and Equipment (5182)                                 P                      Professional Equipment & Supplies (5183)                           P                             LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  WHOLESALE - CONT'D                             Metals and Minerals - except petroleum Products and Scrap (5191)                                 P                      Petroleum Bulk Stations and Terminals (5192)                                 P                      Scrap and waste materials (5193)                                 C                      Lumber and Construction materials (5198)                                 P                      Miscellaneous Wholesale trade (5199)                               C P/C                      Building Materials, hardware, Farm Equipment, and Supplies (5200)                               P                                                                                 RETAIL TRADE                                                        Lumber Yards and Building Materials (5210)                           P                            Lumber Yards (5211)                                 P                      Building Materials - except lumber (5212)                                 P                      Heating and plumbing equipment - no outside storage (5220)                       P   P     P                      Paint, Glass and Wall Paper (5230)                   C P P C P P                          Electrical Supplies (5240)                     P P   P P                          Hardware (5251)                   C P P C P P                          Farm Equipment (5252)                                 P                      Janitorial Supplies (5254)                                 P                      Building maintenance (5255)                       P     P   P                      Swimming Pool Supplies (5256)                   C   P C P P                          General Merchandise - department, variety, etc. (5300)                                               P P P    Shopping Centers - if center is more than five acres but less than ten acres (5310)                   C     P/C                              Department stores - includes major and junior chain department stores (5311)                       P   P P                          Discount Department Stores (5312)                       P     P                          Surplus stores - inside only (5313)                       P/C     C                          Mail and Phone Order Houses (5320)                     P P     P       C                  Variety Stores (5330)                   C P P C   P                          Merchandise vending machine operators (5340)                       P     P                          Direct selling organization (5350)                       P                                Retail Trade - General Merchandise (5390)                     P P     P                           LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  RETAIL TRADE                             Dry goods and general merchandise - yarn, linen crafts, fabric, etc - only in historic buildings on arterial streets (5391)                                     C                  Food Stores (5400)                     P P     P                          Grocery Stores, Convenience - not supermarket (5410)                   P/C     P/C                              Meats and Fish (5420)                   C     C                              Fruits and Vegetables (5430)                   C     C                              Candy, Nut, and Confectionery (5440)                   C     C                              Candy, nut, and confectionery - only in historic buildings (5441)                                     C                  Dairy Products (5450)                   C     C                              Bakeries and Doughnut Shops (5460)                   P     P                              Retail Trade item Food - except 5493 and 5497 (5490)                   C P P C P P                          Motor Vehicles (5510)                           P                            New and Used Car Sales (5511)                     C C     P C                        Motor Vehicles, automobiles - used only - retail trade (5512)                     C C       C                        Farm and Construction Vehicles (5513)                               P P                      Motor Vehicles, trucks and busses - new and used (5514)                       C                                Motor vehicles, trucks and busses - used only (5515)                       C     P                          Automobile Accessories - except tire recapping and vulcanizing (5520)                     P P C P P                          Gasoline Service Stations (5530)                     C C C C P C C                      Marine Craft and Accessories (5591)                               P                        Aircraft and Accessories (5592)                               P                        New and Used House Trailers and Campers (5593)                               P                        Motorcycles, motor scooters, parts, accessories, and supplies (5594)                     C C     C                          Apparel and Accessories (5600)                     P P   P P       P                  Shoes (5660)                         C                              Cosmetics (5693)                         C                              Furniture, Home Furnishings, and equipment - no combined warehousing (5700)                     P P   P P                           LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  RETAIL TRADE - CONT'D                             Furniture, Home Furnishings, and Equipment - only in conjunction with an attached warehousing operation (5711)                               C                        Draperies, Curtains, and Upholstery (5713)                               C                        Picture Frames, Mirrors, Etc. (5718)                         C                              Vacuum Cleaners, Parts and Supplies (5721)                         C                              Sewing machines and parts (5724)                         C                              Radios, television and sound systems (5730)                         C                              Computer Stores - retail (5734)                                       P                Eating Places - Restaurants (5810)                     P P P/C P P   C                      Restaurants (5811)                               C     C P                Miscellaneous retail trade - except 5912, 5920, 5930, and 5980; only in historic buildings as defined in this Title (5900)                                     C P/C                Drug and Proprietary Stores (5910)                   P P P P P P                          Prescription pharmacy - intended for the convenience of permitted establishments and/or clients thereof, provided that no business occupies more than fifteen (15) percent of the total floor area of the building in which it is located and has no separate entrance (5912)                                     P P                Liquor, Package (5920)                     C C     C                          Antiques and second-hand merchandise - indoor only, except 5935, 5938, 5939 (5930)                       C                                Antiques - indoor display only (5931)                     P       C                          Second hand clothing, shoes, furniture and books - does not include 5933, flea markets or 5936, thrift stores - only in arterial streets (5932)                                     C                  Second-hand auto parts - includes dismantling of automobiles for purposes of selling parts (5935)                                 C                      Thrift Store and general second hand merchandise - indoor display and storage only; use of outdoor collection boxes is prohibited (5936)                     C                                  Junk dealers and salvage operations (5938)                                 C                      Books, Stationery, Art and Hobby Supplies (5940)                   P P P P P P                           LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  RETAIL TRADE - CONT'D                             Sporting goods, bicycles, and toys (5950)                     P P C P P                          Garden Supplies - fully enclosed only; no farm supplies (5960)                         C                              Hay, grains, and feed (5961)                                 P     P                Garden Supplies - entirely within a building only (5969)                     P P   P P   P                      Jewelry (5970)                     P P C P P                          Fuel and ice - ice dispensing machine only (5980)                         C                              Bottled Gas (5983)                     C C     C                          Ice Dealers - automated machines or pick-up stations only (5984)                     P P   P P                          Miscellaneous retail stores - includes florists, cigars, newspapers, magazines, photo supplies, pet stores, and other similar retail stores (5990)                     P P   P P                          Florists (5991)                   P     P                              Cigars and cigarettes (5992)                         C                              Cameras and photographic supplies (5994)                         C                     P P P    Gifts, novelties, etc. (5995)                         C                              Optical goods (5996)                         C                              Paper products (5997)                         C                              Miscellaneous Retail trade (5999)                   C     C                                                                                       SERVICES                                                        Finance, Insurance and Real Estate Services (6100)                   C P P C P P       P P                Personal Services - includes laundry, photography, beauty and barber services, clothing repair, shoe repair, etc. - except 6240 6299 wedding chapels and reception center only (6200)                     P P   P P                          Laundry and Dry Cleaning - includes self- service Laundries (6210)                   C C  C  C C  C                           Laundry Services (6211 - 6213, 6215)                           P                            Laundry & Dry Cleaning, Self-Service (6214)                    C C  C  C  C C  C                       Photographic Services (6220)                   C     C P         C P       P P P    Beauty and Barber Shops (6230)                   P     P P         C P                 LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  SERVICES - CONT'D                             Funeral and Crematory Services (6240)                           P               C            Funeral Parlor - mortuary (6241)                       P     C       C                  Cemeteries (6242)   C C C C C C   C                                      Crematory (6243)                       P                                Laundry Pick-up, Shoe Repair, Alteration (6250)                           P                            Pressing, Alteration and Garment Repair (6251)                   P     P                              Shoe Repair, Hat Cleaning (6254)                   C     C                              Shoe shine stands (6255)                         C                              Miscellaneous Personal Services (6290)                   C     C                              Athletic clubs, body buildings studios, Spas, Aerobic Centers - no gymnasiums (6297)                       P   P P P P                      Personal Services - wedding chapels, reception centers only (6299)                     C C   C C       C                  Business services - office and retail sales only, except 6370, 6380, 6394 and 6397 (6300)                       P                                Advertising Services (6310)                               P                        Advertising services - office only (6311)                                     P P                Credit and Collection Services (6320)                           P         P P                Duplicating, Mailing, Stenographic and Office Services (6330)                             P P     P P       P P P    Dwelling and building services - not dwelling units (6340)                     C C   C C P     P P                News Syndicate Services - office only (6350)                                     P P                Employment Services (6360)                           P P       P P       P P P                                                             Warehousing and storage services                                                        Warehousing or Storage Services (6370)                               P P             P P P    Farm products warehousing and storage (6371)                                               P P P    Refrigerated Warehousing (6373)                           C                   P P P    Food Lockers (6374)                           C                   P P P    General warehousing and Storage (6375)                                               P P P    Household Goods Warehousing and Storage (6379)                           C                   P P P    Auction Houses (6381)                       C   C C                           LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  SERVICES - CONT'D                             Auction Yard (6382)                                 P                      Business Services - except 6396 and 6399 (6390)                               P     P P                Research and Testing Services (6391)                           P                   P P P    Consulting Services (6392)                           P                   P P P    Equipment rental - only within a building (6394)                       C   P C   C                      Vehicle Rental (6397)                     C C   P/C C   C                      Miscellaneous Business Services (6399)                       C     C C                                                                                 Repair Services                                                        Repair Services (6400)                               P P                      Auto Repair (6411)                     C C   P     C                      Automobile Wash Services (6412)                           P                            Auto Washing, Polishing, Detailing (6416)                           C                            Auto washing and polishing (6416 & 6417)                     C C C   C                          Auto Washing, Self-Service (6417)                           C                            Auto Glass Repair (6418)                     C                                  Automobile services, except repair and wash - motor clinics (6419)                     C C                                Electrical Appliance Repair (6420)                     C P   C C P                        Radio and TV Repair (6422)                         C                              Electrical appliance repair - light (6425)                         C                              Electrical Repair Services (6491)                           P                            Radio and Television Repair (6492)                           P                            Watch, Clock, Jewelry repair, etc. (6493)                     P   C P P                          Furniture Repair (6494)                     C P   C C                          Locksmiths and key shops (6496)                       P C P P                          Gunsmiths (6497)                     P P C P P                          Saw, Knife, and tool sharpening (6498)                     C C   C C                          Miscellaneous small item repair (6499)                     C C C C C                                                                                   Professional Services                                                        Professional Services (6500)                     P P             P P       P P P    Physicians' Offices and Services (6511)                         C P P                 P P P    Dental Offices and services (6512)                         C P P                           LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  SERVICES - CONT'D                             Hospitals (6513) C C C C C C C             P         C     C            Medical Laboratory Services (6514)                           P                   P P P    Behavior, drug & alcohol treatment (6515)                                     C     C            Sanitariums, convalescent and rest home services (6516)                                     C                  Legal Services (6520)                         C P P C                        Engineering, architectural, and planning services (6530)                         C P P                          Data Processing Services (6550)                             P                          Miscellaneous professional services (6590)                         C P P                          Out-Patient Medical Services (6591)                           P   C               P P P    Engineering, architectural and Planning Services (6591)                           P                   P P P    Education and Scientific Research Services (6592)                           P                   P P P    Accounting and Bookkeeping Services (6593)                           P                   P P P                                                             Contract Construction Services                                                        Contract construction services - offices and retail only (6600)                       P       P P             P P P    Building Contractor Offices (6611)                           P                   P P P    Building Contractor Storage Yards (6611)                           C                   P P P    Plumbing, Heating & Air Conditioning (6621)                           P                   P P P    Painting, wall papering, Decorating (6622)                           P                   P P P    Electrical Services (6623)                           P                   P P P    Masonry, Stonework, and Plastering (6624)                           P                   P P P    Roofing and Sheet-Metal Services (6624)                           P                   P P P    Carpentering, Wood Flooring Installation (6625)                           P                   P P P    Concrete Services (6627)                           P                   P P P                                                             Government Services                                                        Governmental services - except 6714, 6722 and 6740 (6700)                                           P            Executive, legislative, and judicial functions (6710)                       P C P P       P P                 LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  SERVICES - CONT'D                             Operations Centers - not open storage yards (6714)                               P P         C            Protective functions and related activities (6720)                       P C P P                          Police Protection (6721)                           P                   P P P    Police Protection and Related Activities, Branch - office only (6722)                   C C C C C C   C   C P   C            Postal Services (6730)                   P P P P P P                 P P P    Military Facilities (6750)                                 P                                                                               Educational Services                                                        Educational Services (6800)                     P P       P P             P P P    Nursery, primary, and secondary education (6810)                                           P            Nursery Schools (6811)   C C P P P P   C         P                   P P P    Schools (6812 & 6813) C C C C C C C   C         P                   P P P    Day Care Centers (6815)       P P P P     C     C P P C C                      Military academies (6819)                                           C            University, college, junior college, professional school education (6820)                                           P            Special Training and Schooling (6830)                           P               P            Vocational Schools (6832)                           P                   P P P    Business Schools (6833)                           P P                 P P P    Barber and Beauty School (6833)                           P                   P P P    Art and Music Schools (6834)                           P                   P P p    Dancing Schools (6835)                   C     C P P                 P P P    Driving Schools (6836)                           P                   P P P    Correspondence Schools (6837)                           P                   P P P                                                             Miscellaneous Services                                                        Miscellaneous service organizations (6900)                       C             P P       P P P    Religious activities (6910)                                           C            Churches, Synagogues, Temples (6911) C C C C C C C   C     P   C                   P P P    Religious reading rooms (6912)                       P                                Other religious activities (6919)                       P                                 LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO                               SERVICES - CONT'D                             Welfare and Charitable Services (6920)                           P                   P P P    Social, fraternal, and youth organizations and services (6940)                     C                                  Business Associations (6991)                           P                            Professional Membership (6992)                           P                            Labor Organizations (6993)                           P                            Civil, Social, and Fraternal (6994)                           P                   P P P                                                             CULTURAL, ENTERTAINMENT, AND RECREATIONAL                                                        Cultural Activities                                                        Cultural Activities (7100)                       P                   P   P P P    Libraries (7111)   C C C C C C             P P                 P P P    Museums (7112)                           P         P         P P P    Art Galleries (7113)                           P                   P P P                                                             Public Assembly                                                        Public assembly (7200)                                           C   P P P    Entertainment and assembly including legitimate theater (7210)                       C                                Motion Picture Theaters (7212)                     C C   P/C C                 P P P    Drive-in Movies (7212)                           P                            Stadiums, Arenas, and Field Houses (7221 & 7222)                           C                   C C C    Public assembly (7230)                       C                                Auditoriums, Performing Theaters (7231 & 7214)                           P                   P P P    Computer photography or portraits (7299)                                       P                                                                         Amusements                                                        Amusements (7300)                                               P P P    Fairgrounds (7311)                           P                            Amusement Parks (7312)                           P                            Computer programming services and program software-custom (7371)                                       P                 LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  CULTURAL, ENT. AND REC. - CONT'D                             Computer software publishers, pre-packaged (7372)                                       P                Computer peripheral equipment, rental & leasing (7377)                                       P                Computer peripheral equipment repair & maintenance (7378)                                       P                Computer consultants (7379)                                       P                Coin-operated amusement or video centers (7391)                     C C   P/C C                          Miniature Golf (7392)                     C C   P/C C                   P P    Golf Driving Ranges (7392)                           P                            Electric go-kart tracks - indoor only (7394)                     C     C                            Dance halls, ballroom (7396)                     C C   C C C C         C            Billiard and pool halls (7397)                     C C   C C                          Video Rental Shops (7398)                   P P P P P P       P                                                                           Recreational Activities                                                        Recreational activities - except 7417, 7425, and 7450 (7400)                                           P     P P    Golf Course (7411) C C C C C C C                                          Golf Course w/ Country Club (7412)   C C C C C C                                          Tennis Courts (7413)   C C C C C C   C         P                   P P P    Ice Skating (7414)   C C C C C C   C   C C   P/C C                 P P P    Roller Skating and Skate Boarding (7415)                     C C   P/C C P               P P P    Riding Stables (7416)                           C                            Bowling Alleys (7417)                     C C   P/C C                 P P P    Athletic Fields (7423) C C C C C C C             P                   P P P    Recreation Centers (7424) C C C C C C C             P                   P P P    Athletic Clubs and Gymnasiums (7425)                           P                   P P P    Pools (7432)   C C C C C C   C         P                   P P P    Vehicle Courts (7491)                           P                            Group or organized maps (7520)                                           C            Parks (7600)                                           P            Parks and Playgrounds Skate Parks (7610) C C C C C C C   C                             P P P    Parks - including playgrounds (7616)                           P                            Nursing Home (8051)                           C                             LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  AGRICULTURE                                                        Agriculture - except 8140, 8150, and 8160 (8100)               P  P             P                        Farming, Fibers, Grains, Fruits, Vegetables (8110 - 8140)                           P                   P P P    Livestock (8140)                                 P/C                      Animal Specialties (8150)                                 P                      Pasture and Range Land (8160)                               C                        Agricultural Processing (8210)                                 P                      Animal Husbandry Services (8220)                                 P                      Veterinarian Services - totally enclosed (8221)                         C P   P     C P       C   C    8221 & 7222                                                        Animal Hospital Services - small animal out- patient clinic only (8222)                     C         P                        Computer repair training (8242)                                       P                Other Agricultural-Related Activities (8290)                               P                        Horticulture Services (8291)                           P                   P P P    Fishing activities (8400)                                           C            Mining and quarrying (8540)                                           C            Recycle Center (8601)                                 C                      Single-Family Dwelling (8810)                           C                            Small Animal Veterinarian Services - totally enclosed (8821)                                                 C      Forest Reserves (9210)                                           P                                                                     OTHER                                                        Manufactured Housing Units 24 Feet or Wider on a Permanent Foundation   P P P P P P P                               C C C    Home Occupations regulated as per the Rexburg Development Code Section 4.10.B C C C C C C C   C                                      Two-Family Dwelling       P P P P                                          Three-Family Dwelling       P P P P                                          Four-Family Dwelling       P P P P                                 P P P    Five and Six-Family Dwelling           P P                                 P P P    Dormitory Housing, Fraternity, Sorority         C P P                                 P P P    Bed and Breakfast           P P                                          Boarding House           P P                                           LDR 1 LDR 2 LDR 3 MDR 1 MDR 2 HDR 1 HDR 2 RR 1 RR 2 NBD GBD CBD LBC CBC RBC LI HI SOB PO TOZ AP PF OS UD TAG 1 TAG 2 PRO  OTHER - CONT'D                             Mobile Home Courts and Subdivisions           P P                                          Thirty-four to Forty-two Family Dwellings             P                                          Twenty-four Units per Building or Development             C                                 P P P    Separate Parking Lots             C                                          Accessory Building                 P                                      Limited Home Occupations                 P                                      Gardening for Personal Use                 P                                      Customary Household Pets                 P                                      Agriculture                 P                                      Right of Way                 P                                      Accessory Apartment                 C                                      Manufacture and installation of automobile seat covers and auto tops                     C                                  Campgrounds and Travel                           P                            Other Communication Facilities                           C                   P P P    All Other Wholesale                           C                            Shopping Centers, Including Malls                           C                            Other Personal Services                           C                            Other Business Services                           C                            Skate Park                           C                            Kennels                           C                            Religious Dormitories (quarters?)                                               P P P    Electric generation plants - utility substations                           C                   P P P    Utility Storage Yards                                               P P P    College Buildings                                               P P P    Skiing and tobogganing                                               P P P    Plant nurseries                           P                   P P P     APPENDIX D: Enforcement Strategic Plan Enforcement Policies and Procedures Adopted as Supplementary to the Rexburg City Development Code Implemented within City Limits November 1.0 POLICY The following program governing enforcement within the City Limits and area of City Impact is hereby adopted. 1.1 PURPOSE The Code Enforcement staff will work with Rexburg residents in an effort to make the City of Rexburg a clean, safer, and healthier place to live. The methods used will primarily be through education in conjunction with enforcement as needed. While serving the public, Code Enforcement staff will treat the public with dignity and respect, with a positive attitude, and a collaborative spirit. Code enforcement staff will develop processes and procedures to effectively serve the public. Code enforcement staff will stay informed and educated on current issues with code enforcement and develop needed skills to deliver professional services. Code enforcement will work in cooperation with a variety of other agencies and take part in community events to serve the public. 1.2 OFFICERS RESPONSIBILITIES AND OBJECTIVES Objective One Educate property owners and renters of their responsibilities to maintain their property as it pertains to the standards set forth in City of Rexburg codes. Objective Two Enforce the codes in accordance with established policies and procedures. Seek compliance through education and enforcement. Objective Three Work with individual property owners, landlords, occupants, renters and businesses. Objective four To maximize our service to the community, we have analyzed the most common code violations that have the most negative impact on a neighborhood. The Code Enforcement Division will focus on the most common violations listed below. Debris and garbage on properties Inoperative vehicles Weeds Illegal Housing Units. 1.3 ENFORCEMENT ACTIVITIES Code enforcement activities will help individuals and families to improve their properties. Referring to The “Window Theory” as written By James Wilson and George Kelly, Sandi Bucher stated in an article in the LA times… “A stable neighborhood of families who care for their homes, mind each other’s children and confidently frown on unwanted intruders, can change, in a few years or even a few months into an inhospitable and frightening jungle…A piece of property is abandoned, weeds grow up, a window is smashed… Families move out, unattached adults move in.  Litter accumulates…it is more likely that here, rather than in places where people are confident they can regulate public behavior by informal controls, drugs will change hands…and crime and decay goes on”. “It has been proven in case studies that  anywhere a community stops caring about their neighbor, their property, their children and their neighbor’s children, a broken window is bound to show up”. Code enforcement will help improve safe and sanitary living conditions, and neighborhood aesthetics. It is anticipated through education and involvement; many residents will take self-initiative to correct code violations on their properties. 1.4 EDUCATION Education is an important and proactive component effecting code enforcement. Education empowers citizens to make decisions about their individual properties, neighborhoods, and community. Educational opportunities will be provided to residents on code enforcement and neighborhood clean up activities with the cooperation and support of the Community Development Director and Public Information Officer. Information will be disseminated through:   Flyers, newsletters Monthly activities in coordination with specific seasons of the year Newspaper features on “things to know about code enforcement” Workshops and seminars TV news stories Surveys and Questionnaires Web Page information 1.5 COMMUNICATION AND COORDINATION Code enforcement activities will be coordinated with the Police, Fire, Building, District Health Departments, and other entities. Coordination will include:   Police Department---illegal activities in or around properties, graffiti, and abandoned vehicles etc. Fire Department--unsafe structures, burnt structures, home addressing and size of letters, hydrants, access issues, etc. Animal control—number of dogs allowed per household Building Department--dangerous buildings Health Department—safety and unsanitary conditions in or around homes or businesses, and infestations Neighborhood Associations Civic and Service Organizations Church Groups 1.6 COURTESY NOTICE This is the initial step in communicating violations to residents and property owners regarding their property. This notice is a door hanger notifying the property owner or occupant of code violations on the property. If the property owner or occupants are available, we will work directly with them to help resolve code violations. Attempts will always be made to have face to face contact between the officer and the occupant prior to the notice being left on the door. Code officers can offer solutions and advise of programs which may be available to get help if needed. The door hanger has two perforations. Part of the door hanger is to be filled out by the property owner/occupant and sent back to Code Enforcement within ten days. This is to acknowledge receiving the notice and to show a plan of action to correct the problem. The other portion is information for the officer to track the case. 1.7 ABATEMENT PROCESS When an individual, either homeowner or renter, fails to comply with city codes and the violation is of a nature that can be cleaned or cleared, i.e. weeds, debris, trim bushes, trees, etc., the abatement process goes into effect. 1.8 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 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. The Prosecution Process is to be followed as a last resort after the Abatement and Citation Process have been exhausted. The Prosecution Process is as follows: 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 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. The Prosecution Process is to be followed as a last resort after the Abatement and Citation Process have been exhausted. 1.9 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 Division an opportunity to resolve violation in a more direct and expeditious manner. 2.1 EVALUATION CRITIERIA 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. The Code Enforcement Department maintains a computer tracking system allowing for activities to be recorded and tabulated. 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 gather from each inspection. Other less tangible ways to evaluate the program will be to: Increase self-initiative by the residents to take their own actions to correct code violations Observe the improvements of safe and sanitary living conditions Aesthetic improvements of structures and landscaping A decline in out-migration of residents and businesses from the neighborhoods Stabilize property values 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. 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.   3.1 PROCEDURES Block by Block Inspection Process   Code enforcement officers will work to achieve the goal and objectives of this plan by initiating a Block-by-Block Inspection Process. This Inspection Process will be a systematic sweep of the entire area as divided into zones. There are four zones within the City of Rexburg. The zones are geographically sectioned, delineated by major traveled arteries. 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. Properties will be evaluated for the target violations of debris, inoperative and/or unlicensed vehicles, weeds, and graffiti. Education materials will be distributed, communication will take place, and relationships based on trust, will be built. 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. 3.2 THE FOLLOWING ARE NOTICES AND PROCEDURES USED BY CODE ENFORCEMENT Courtesy Notice Correction Notice Final Notice Re-Occurring Violation Notice Citation process (as needed) Abatement process (as needed) Prosecution process (as needed) Process for open and accessible vacant buildings Dangerous building abatement process Code enforcement money handling procedure Voluntary community service Recognition awards Code Enforcement development Coverage and statistics 3.3 COURTESY NOTICE This is the initial step in communicating violations to residents and property owners regarding their property. This notice is a door hanger notifying the property owner or occupant of code violations on the property. If the property owner or occupants are available, we will work directly with them to help resolve code violations. Attempts will always be made to have face to face contact between the officer and the occupant prior to the notice being left on the door. Code officers can offer solutions and advise of programs which may be available to get help if needed. The door hanger has two perforations. Part of the door hanger is to be filled out by the property owner/occupant and sent back to Code Enforcement within ten days. This is to acknowledge receiving the notice and to show a plan of action to correct the problem. The other portion is information for the officer to track the case. 3.4 CORRECTION NOTICE This notice is mailed on the same day as the Courtesy notice. The Notice will be a reminder of the agreement to bring property into compliance or that a notice was posted on the door. They will have ten days to respond to the notice or correct the violation. The ten days will include those from the Courtesy notice. 3.5 FINAL NOTICE The final notice is the last effort to get the property owners attention before further action is taken i.e. abatement or prosecution. Ten more days are given for a response or remedy. 3.6 RE-OCCURING 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 10 days to comply. If property is not in compliance by the 10-day deadline, all other notices are forfeited and the case will go directly to the abatement, citation, or prosecution process.