HomeMy WebLinkAboutMuniCode Generated - Ord_1237 Development Code Changes - PED, Infill, LDR3Page 1
CITY OF REXBURG
ORDINANCE 1237
REMOVE INFILL, AMEND PED OR PEZ AND LDR3 DENSITY
WHEREAS,
WHEREAS,
NOW THEREFORE, be it ordained by the Council of City of Rexburg, in the State of Idaho, as follows:
SECTION 1: AMENDMENT “4.05.070 Lot Configuration And Density” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.05.070 Lot Configuration And Density
A.One (1) single-family dwelling unit may be placed on a parcel of land or lot in the LDR3 zone.
B.No more than two (2) dwelling units in any one (1) structure.
C.The maximum density permitted in this district is eightten (810) dwelling units per acre.
SECTION 2: AMENDMENT “I-J” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
I-J
Illuminance: The amount of light casting on any point of a surface measured in foot-candles or lux. Measurements are taken at ground level with sensor parallel to surface.
Impervious Surface: A surface that has been compacted or covered with a layer of material, so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime, rock, or clay, as well as
most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.
Industry, Heavy: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using
flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. (See section 7.2.)
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. (See section 7.1.)
Infill: Construction of a building on a piece of vacant ground that is substantially surrounded by improved properties. (See “vacant properties” definition.)
Infill/Redevelopment Area: An area of the City that has been designated by the Rexburg City Council as a focus area for Infill and Redevelopment. Whenever possible, mixed-use projects, apartments, multi-family
projects, dormitories and other higher-density-residential developments should be constructed on vacant lots and underutilized properties within this focus area. Secondary consideration should be given to infill and
redevelopment within the city limits before the use of viable agriculture ground. (See section 9.1.)
Integrated Shopping Center: A group of retail or commercial planned, developed and managed as a single property, with on-site parking provided.
Interchange Sign Boundary: One-thousand, five hundred (1500’) feet radius drawn from the center of the highway interchange. (See subsection 3.05.130.)
Irrigation Facilities: Includes canals, laterals, ditches, conduits, gates, wells, pumps, and allied equipment necessary for the supply, delivery, and drainage of irrigation water.
Junk: Old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, bed and bedding, rags, motor vehicles and parts thereof.
Junkyard: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials shall include but not be limited to scrap iron and other metals, paper, rags, rubber
tires, and bottles. An automobile wrecking yard is also considered a junkyard.
SECTION 3: AMENDMENT “3.02.100 Screening And Landscaping” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.02.100 Screening And Landscaping
The following are minimum standards. Additional landscaping elements may be allowed as per review by the Zoning Administrator or Designee. Screening and fences within the City shall be constructed and maintained in
conformance with the following standards:
A.Landscaping. Plant material size (minimum), at time of planting:
1.Deciduous trees- Two (2”) inch caliper around the trunk of the tree
2.Evergreen trees- Seven (7’) feet in height from root collar to top of tree crown
3.Shrubs- Five (5) gallon containers
4.Landscaping must be maintained as in its original design and purpose.
B.Landscape Strip. In all zones, the area between the curb and gutter and the sidewalk is to be landscaped with trees and shrubs by the adjacent property owner.
1.Landscaping shall be maintained in its original design and purpose by the adjacent property owner.
C.Parking Areas. (See subsection 3.04.060.A.)
D.Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential zones, or undeveloped land shown as a residential use on the Comprehensive Plan, there shall be provided along the abutting
property line, a yard equal in width to that required in the residential zone.
1.The yard shall be planted with a combination of trees, low shrubs, and ground cover, and/or a suitable fence otherwise in compliance with this ordinance of sufficient height and density to screen the two
parcels, as specified by the Planning and Zoning Commission.
E.High Density Residential Uses.
1.Where a lot in the HDR1 or HRD2 district adjoins a lot (not a right-of-way) in the LDR or MDR zones or unincorporated and designated as single-family on the Comprehensive Plan map, a five (5’) feet
wide landscaped buffer shall be provided on said property line. (See A of this subsection for tree and bush sizes.)
2.When a public street is located between the front lot line of the HDR zone and a single-family zone, a landscaped buffer seven (7’) feet wide or as required for front yard setbacks, whichever is greater, shall
be constructed and maintained on the front lot line.
a.The landscaping shall be planned and approved.
F.Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a Site Plan to the Zoning Administrator or designee to be approved for design prior to obtaining a building permit.
1.Landscape Buffer. Parcels directly adjacent to the Highway 20 right-of-way must have buildings buffered with deciduous two (2”) inch caliper trees at twenty (20’) feet spacing and two (2) shrubs between
trees.
2.Commercial Design Standards. Building facades adjacent to Highway 20 right-of-way which meet the requirements of commercial design standards (including “eyes to the street” requirements) found in
section 7.0 may reduce buffering to deciduous two (2”) inch caliper trees at fifty (50’) feet spacing and eight (8) shrubs between trees.
3.Trees shall be surrounded with grass, decorative rock, bark or other as approved in the site plan review.
4.Setback. A minimum setback of twenty-five (25’) feet is required from any building to the Highway 20 right-of-way or a one-to-one setback to height requirement, whichever is greater.
5.Landscaping must be maintained as in its original design and purpose.
G.Infill/Redevelopment Buffering. Buffering is increased as per Section 9.1: Infill/Redevelopment Projects.
H.Open Storage Area. Open storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped strip at least seven (7’) feet in width with plantings that hide the
open storage (as approved by the Zoning Administrator or designee).
1.No front yard storage. Open storage shall not be located within a required front yard.
I.Utility yards. When utility yards are in zones other than Industrial or adjacent to any residential zone or commercial zone, then screening is required.
1.The screening required shall consist of a seven (7’) foot tall decorative masonry wall or otherwise approved privacy fence by the Zoning Administrator that is set back from the right-of-way seven (7’) feet
and at the property line when not adjacent to the right-of-way.
a.Maintenance. The area between the right-of-way and the wall shall be landscaped with decorative rock and shall be kept free of weeds.
(1)The area between the right-of-way and the wall shall be planted with one two (2”) inch caliper deciduous tree and five 5-gallon bushes every thirty (30’) feet.
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(2)Trees and bushes required by this section shall be irrigated with a water drip system.
2.Water tanks are not required to be screened.
3.Pumps and other equipment associated with water tanks will be in below-grade vaults, in buildings or shall be screened as utility yards.
SECTION 4: AMENDMENT “3.04.080 Reduced Parking” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.04.080 Reduced Parking
A.Infill/Redevelopment. Multiple-family developments with more than one (1) bedroom and more than six (6) units may be reduced by 20% in Infill/Redevelopment Area. (See section 9.1)The Pedestrian Emphasis
District (PED): The Pedestrian Emphasis District (PED) is to enable and enhance pedestrian activity close to downtown and Brigham Young University-Idaho.
1.Parking requirements for housing units that are located within the PED may be reduced to 75% with a Parking Management Plan or 60% pursuant to a Conditional Use Permit. (See Section 9.2 for more
details.)
B.Dormitory. All Dormitory housing located in the PED will require a Conditional Use Permit to seek reduced parking requirements, including a Parking Management Plan. (See subsection 9.02.040.)
C.Parking Management Plan. A Parking Management Plan shall be designed and anticipated to facilitate parking for the intended tenants of the units as well as reasonably anticipated visitors and ancillary services.
This Plan needs to be submitted to the Zoning Administrator. A Parking Management Plan allows a reduction in required parking from a 1 to 1 ratio to as low as .75 to 1 ratio for Dormitory Developments upon a
showing of adequate parking plan submittal and acceptance by the Zoning Administrator.
1.Requirements. The plan shall show all parking spaces and their dimensions, access aisles, loading spaces, and entrances and exits to the site. The parking plan may also include the landscape plan.
2.Visitor Parking
a.Visitor parking must be located, in such a way, as to be readily identified upon entering the parking facilities, and must provide for visitor stays of no less than one (1) hour.
b.Properties with less than 10 on-site parking spaces shall not be required to provide visitor parking. Properties with 10 or more on-site parking spaces must provide visitor parking equal to 10% of the
number of onsite parking permits or spaces (with a minimum of one (1) visitor parking space).
(1)Structures with fewer than ten (10) dwelling units may apply for a Conditional Use Permit in order to qualify for reduced parking. This does not apply to single-family or duplex structures.
c.Policing. Policing of parking facilities must be conducted by the property owners, or their employed representatives and any parking enforcement action must be initiated by an on-site person, who is
not compensated in direct relationship to the decision to tow or boot or otherwise police violations. (No Predatory Towing or Booting)
d.Visitor Parking signs. (See subsection 3.05.110.I.)
e.Parkers Identified. Any tenant authorized to park in the parking facility must be clearly identified as having parking privileges, and no more than the actual number of available spaces may be
assigned, providing for ancillary and visitor parking as required.
f.PED. Visitor parking may be reduced in the Pedestrian Emphasis District (PED) to as low as six (6%) percent with a Conditional Use Permit (CUP).
3.Offsite Parking. There shall be no limit to offsite parking. There shall be no restriction on distance from the residential complex to the offsite parking for residential complexes legally existing on the effective
date of this Ordinance. There shall be no required visitor parking for areas designated as offsite parking.
4.Evaluating the Plan. The following items shall be considered when evaluating a parking plan:
a.On site, how will visitor vs. tenant parking spaces be identified to determine compliance?
b.Are there specific times the spaces will be available?
c.Who will manage the parking?
d.What is the method of management? Consequence of noncompliance?
SECTION 5: AMENDMENT “4.06.080 Yard Requirements” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.06.080 Yard Requirements
The following minimum yard requirements shall apply in the MDR1 zone:
A.Front Yard. Each lot or parcel in the MDR1 zone shall have a minimum front yard of at least twenty-five (25’) feet from right-of-way.
1.Reduced Front Yard Setback. When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way.
2.Reduced Front Yard Setback. If all parking spaces are located behind the building, the front yard setback may be reduced to fifteen (15’) feet.
B.Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
C.Side Yard.
1.Each lot or parcel of land in the MDR1 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever is greater.
2.Reduced Side Yard Setback. A setback of ten (10’) feet shall be allowed within side yards that abut other MDR zones, HDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.
D.Infill/Redevelopment Setbacks. Setbacks are increased as per Chapter 10 Infill/Redevelopment Projects. Pedestrian Emphasis District Setbacks. Setbacks are decreased as per Chapter 9, Pedestrian Emphasis
District. (See section 9.02.040.)
E.Accessory Buildings. (See subsection 3.02.070.)
SECTION 6: AMENDMENT “4.06.130 Referenced Sections” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.06.130 Referenced Sections
A.Prior Created Lots (See subsection 3.03.070.)
B.Distance Between Buildings (See subsection 3.02.060.)
C.Parking, Loading and Access (See section 3.4 and subsection 4.00.060.)
D.Project Plan Approval (See subsection 3.02.130.)
E.Fencing (See subsection 3.02.110.)
F.Highway 20 Corridor. (See subsection 3.02.100.F.)
G.Infill/Redevelopment Buffering. Buffering is increased as per section 10.1 for Infill/Redevelopment projects. Pedestrian Emphasis District Setbacks. Setbacks are decreased as per Chapter 9, Pedestrian Emphasis
District. (See section 9.02.040.)
H.Residential Design Standards (See subsection 4.00.050.)
I.Lighting Standards are applicable as described in section 3.6.
J.Refer to section 4.0 for Development Rules that apply to all Residential Zones.
K.Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 7: AMENDMENT “4.08.070 Lot Configuration And Density” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.08.070 Lot Configuration And Density
A.Dwelling unit density shall not exceed thirty (30) units per acre.
B.PED. The Pedestrian Emphasis District density is regulated by the University, the adopted Building Code, and any requirements imposed as part of the required CUP.(See section 9.2.) PED. For increased densities,
see section 9.2.
C.Infill/Redevelopment Area. The Pedestrian Emphasis District (PED) area lies within the Infill/Redevelopment Overlay. (See section 9.1.)
SECTION 8: AMENDMENT “4.08.130 Referenced Sections” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.08.130 Referenced Sections
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A.Prior Created Lots(See subsection 3.03.070.)
B.Distance Between Buildings (See subsection 3.02.060.)
C.Project Plan Approval (See subsection 3.02.130.)
D.Fencing (See subsection 3.02.110.)
E.Highway 20 Corridor. (See subsection 3.02.100.F.)
F.Buffers. (See subsection 3.02.100.)
1.Infill/Redevelopment Buffering. Buffering is increased as per section 9.1 for Infill/Redevelopment projects.
G.Residential Design Standards (See subsection 4.00.050.)
H.Pedestrian Emphasis District (See section 9.2.)
I.Lighting Standards are applicable as described in section 3.6.
J.Refer to section 4.0 for Development Rules that apply to all Residential Zones.
K.Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 9: AMENDMENT “5.01.090 Yard Requirement” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
5.01.090 Yard Requirement
(See subsection 3.02.080.)
The following minimum yard requirements shall apply in the MU zone:
A.Front Yard. The minimum front yard setback can be zero to ten (0’-10’) feet from right-of-way if the following requirements are followed:
1.Sidewalk. A minimum eight (8’) feet wide sidewalk is required parallel to any city street.
2.Landscaping.
a.Street trees and other landscape amenities are required and include as a minimum the use of two (2”) inch caliper deciduous trees at a maximum of twenty (20’) feet spacing in the landscape strip
between the curb and sidewalk.
b.The space between the building and sidewalk shall be landscaped with ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped look”.
c.The landscape strip and the front yard setback shall be planted with grass between the trees, shrubs and other landscape features.
d.Irrigation System. An irrigation system is required and is the responsibility of the property owner as is the maintenance of the landscaped areas.
3.Building Design
a.Street Oriented. The building shall be oriented toward the street with architecturally defined entrances; a ground floor prominence; and elements that break up vertical and horizontal walls.
b.Interaction with Street. There shall be a variety of openings and other features that enhance the buildings visual interaction with the street. These features include doors, windows, balconies and/or
other items such as stoops, awnings, porches, dooryards, canopies, overhangs, recesses, etc. that in combination enhance the human scale and pedestrian experience of the street.
(1)Balconies, awnings, canopies and other structural elements may extend a maximum of three (3’) feet into the setback.
c.Materials. The first floor wall facing the right-of-way shall be faced with high-quality materials (as approved by Zoning Administrator or Designee). (See subsection 6.00.060.)
4.Renderings identifying all of the above requirements and the Design Standards shall be submitted to city staff prior to the request for a building permit.
a.The Zoning Administrator or designee will have authority to review the submittal and determine if it meets the above requirements of this Section and the spirit in which they were created.
5.Townhouse. Townhouse type residential adjacent to the right-of-way shall have a “daylight basement” or crawl space with the first floor a minimum of two (2’) feet above grade.
6.Utility fixtures. Utility fixtures are not allowed in the front yard setback or in the City right-of-way.
B.When the above requirements are not met, a front yard setback of ten (10’) feet from right-of-way shall be required, and the following:
1.Front Yard.
a.The front yard shall be landscaped with ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped look”.
b.Parking spaces, drive aisles, and all maneuvering areas shall not be located within the first ten (10’) feet of a front yard.
(1)This area shall be used for landscaping that will adequately screen parking areas from adjacent right-of-way.
C.Rear Yard. Minimum rear yard of at least six (6’) feet shall be required when a sloped roof drains toward rear yard property line. Otherwise, no minimum.
D.Side Yard. Minimum side yard of at least six (6’) feet shall be required when a sloped roof drains toward side yard property line. Otherwise, no minimum.
E.Commercial Adjacent to Residential. (See Transitional Development Standards subsection 3.02.080.a.)
F.Infill/Redevelopment Setbacks. Setbacks are increased for Infill/Redevelopment projects. (See section 9.1) Pedestrian Emphasis District Setbacks. Setbacks are decreased as per Chapter 9, Pedestrian Emphasis
District. (See section 9.02.040.)
G.Accessory Buildings. (See subsection 3.02.070.)
SECTION 10: AMENDMENT “5.01.140 Other Requirements” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
5.01.140 Other Requirements
A.Entrances. In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly accessible streets and sidewalks, a principal building must have its main entrance from a public
sidewalk or plaza or from a private sidewalk or plaza that is publicly accessible through a public use easement.
1.The main entrance shall not be from a parking lot; however, secondary entrances from parking lots are permitted.
2.Interior buildings constructed as part of a campus development are exempt from these requirements.
B.Infill/Redevelopment. Buffering is required. (See section 9.1.)
C.Outdoor Storage or Display. Outdoor storage or display requires a Conditional Use Permit (CUP).
D.Signs. (See section 3.5.) All signs erected in the MU zone shall be in conformance with the sign provisions of the Rexburg City Sign Code, except for the following:
1.Sign requirements shall apply to the MU district, with the following exceptions:
a.Pole signs are not allowed;
b.Permitted detached signs shall be monument style and shall be limited to six (6’) feet in height.
E.Street lighting and utilities within the right-of-way shall be installed as per the City Engineering Standards.
F.Walls, Fences, and Gates (See subsection 3.02.110.)
1.In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private street or walkways that are publicly accessible through a public use
easement, or along publicly accessible open spaces, shall not extend beyond the building façades (i.e., these fences shall not be located in the area between building façades and the property line).
G.Commercial Design Standards. Commercial projects must meet commercial design standards. (See section 6.0.)
SECTION 11: REPEAL “9.1 INFILL/REDEVELOPMENT OVERLAY” of the Rexburg Development Code is hereby repealed as follows:
R E P E A L
9.01.010 Purpose And Objectives
The City of Rexburg City Council, Planning and Zoning Commission and the City Staff have been actively engaged in an effort to promote good planning principles. After a great deal of study, it has been determined that
whenever possible the large demand for community housing generated by a growing university be focused to areas within the City core that are close to the BYUI campus, commercial centers, community amenities (such as
parks, library, pool, theaters) and job centers.
A.Purpose. The purpose of the Infill/Redevelopment effort is to balance community good with individual choice and property rights.
B.Policy Statement.
1.Reduce Costs. Densification through Infill and Redevelopment will save tax dollars by reducing the cost of Streets, Infrastructure, Police, Emergency Services, Sanitation and other vital services. The
existing Comprehensive Plan Map is the primary document for planning future city growth and development.
2.Best Interest of Citizens. It is in the best interest of all of the citizens of Rexburg to locate Higher Density Housing Projects near Campus and the City Core whenever possible. Besides the savings of tax
dollars, there is also a positive health effect and other cost savings associated with being able to walk to campus, shopping, parks, and other City amenities.
3.Beautify City. Identifying Infill/Redevelopment projects near the City Core and making the necessary zone changes to encourage development not only will clean up vacant weeded properties, but will also
partially “level the playing field” for these projects versus the lower cost of finding cheaper agricultural ground on the periphery of the City.
4.Infill and Redevelopment are also encouraged in other parts of the City of Rexburg besides the Focus Area.
9.01.020 Reduced Setbacks
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A.In the Infill/Redevelopment area, the required front yard setbacks for buildings (not parking) may be reduced up to fifteen (15') feet from right-of-way by meeting the following requirements:
1.Sidewalk. A minimum 8' wide sidewalk is required parallel to any city street.
2.Landscape Strip. Street trees and other landscape amenities are required and include as a minimum the use of 2" caliper deciduous trees at a maximum of 20' spacing in the landscape strip between the curb
and sidewalk.
a.The space between the building and sidewalk shall be landscaped with ornamental trees, shrubs, annual and perennial flowers to achieve a "fully landscaped look."
b.The landscape strip and the front yard setback shall be planted with grass between the trees, shrubs and other landscape features.
c.Irrigation System. An irrigation system is required and is the responsibility of the property owner as is the maintenance of the landscaped areas.
3.Oriented toward Street. The building shall be oriented toward the street with architecturally defined entrances, a ground floor prominence and elements that break up vertical and horizontal walls.
4.Visual Interaction with Street. There shall be a variety of openings and other features that enhance the buildings visual interaction with the street. These features include doors, windows, balconies and/or
other courses, sills, awnings, balconies and other structural elements, etc. that in combination enhance the human scale and pedestrian experience of the street.
a.Projections. Subsection 3.02.090 C. does not apply. Permitted projections shall not project more than three (3') feet extended from the building in the setback.
5.High Quality Materials. The first floor wall facing the right-of-way shall be faced with high quality materials as approved by the Zoning Administrator or designee.
6.Street lighting and utilities within the right of way must be installed as per the City Engineering Standards.
7.Renderings. Renderings identifying all of the above requirements and the Design Standards shall be provided to City Staff prior to the request for a Building Permit. The Zoning Administrator or designee
will have authority to review the submittal and determine if it meets the above requirements and spirit in which they were created. At request by the Applicant, the Design Review Board will have the
authority to over-rule the findings of the Zoning Administrator or designee.
9.01.030 Increased Setbacks And Buffering
Infill/Redevelopment Projects that are located adjacent to existing Non-Fragmented Single Family Neighborhoods are to be held to a higher buffering and separation standard than regular projects. These projects must meet
all of the requirements of the City of Rexburg Zoning Standards. In addition, they must also be buffered by the additional requirements:
A.Low Density Residential 2&3 to Medium Density Residential 1&2 and Mixed Use
1.Street Separation. Zones separated by a City street – Standard front yard setbacks allowed as per City of Rexburg Development Code.
2.Property Lines. Zones separated by property lines – Follow LDR requirements and include two (2”) inch (min.) caliper trees spaced at twenty (20’) feet intervals. Tree type to be approved at Design
Standard Review.
B.Low Density Residential 2&3 to High Density Residential 1&2 and Mixed Use
1.Street Separation. Zones Separated by a street – Standard twenty (20’) feet front yard setback allowed up to thirty (30’) feet horizontal wall height.
2.Greater than 3 Stories. Eighty (80’) feet front yard setback required for buildings higher than three stories above grade.
3.Parking Lots. Parking lots in front yard setbacks to be buffered with minimum ten (10’) feet (minimum) wide, two (2’) feet high landscape berm planted with bushes and trees as approved at Design
Standard Review.
4.Property Lines. Zones separated by property lines – Provide largest of one to one (1:1) setback versus height or applicable LDR setback. Include two (2”) inch (min.) caliper trees spaced at twenty (20’) feet
intervals. Tree type to be approved at Design Standard Review.
C.Low Density Residential 1 to Medium Density Residential 1 and Mixed Use
1.Street Separation. Zones Separated by a street – Standard twenty (20’) feet front yard setback allowed up to twenty (20’) feet horizontal wall height.
2.Thirty (30’) feet front yard setback from the right of way required for buildings higher than twenty (20’) feet horizontal wall height.
3.Property Lines. Zones separated by property lines – Provide largest of one to one setback versus height or LDR1 setback. Include two (2”) inch (minimum) caliper trees spaced at twenty (20’) feet intervals.
Tree type to be approved at Design Standard Review.
D.High Density Residential, Medium Density Residential 2 and Mixed Use is not allowed against Low Density Residential 1 Zoning.
E.Infill /Redevelopment Area The City of Rexburg City Council, Planning and Zoning Commission and the City Staff have identified a focus area for Infill and Redevelopment. See map on following page:
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A Geographic Information System (GIS) study showing proximity to Campus, Shopping, Parks and other amenities follows
(the darker areas are more walkable):
9.1 INFILL/REDEVELOPMENT OVERLAY (Repealed)
9.01.010 Purpose And Objectives (Repealed)
9.01.020 Reduced Setbacks (Repealed)
9.01.030 Increased Setbacks And Buffering (Repealed)
SECTION 12: AMENDMENT “9.02.010 Objective” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
9.02.010 Objective
A District created near the BYU-I campus that allows less parking and higher density for residential units. This must be done with a Conditional Use Permit. The Pedestrian Emphasis District is created to enable and enhance
activity close to the City Center and Brigham Young University - Idaho. Dormitory-style housing within the Pedestrian Emphasis District will not require a Conditional Use Permit.
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SECTION 13: AMENDMENT “9.02.020 Dwelling Area” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
9.02.020 Dwelling Area
A.Every dwelling unit shall have a minimum of one hundred fifty (150) square feet of gross floor area for every person living in a dwelling unit.
B.Community Housing
1.There is no minimum square foot per dwelling area required.
SECTION 14: AMENDMENT “9.02.030 Dwelling Density” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
9.02.030 Dwelling Density
Dwelling density may be increased with a Conditional Use Permit (CUP). However, dwelling unit density for HDR, MDR and MU zones are regulated by the University, the Building Code, and the requirements of the
CUP.
Within the Pedestrian Emphasis District, there is no maximum density.
A.Height limits within each zone will be enforced.
SECTION 15: AMENDMENT “9.02.040 Reduction In Parking For Dormitory” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
9.02.040 Reduction In Parking For Dormitory
Parking requirements for dormitory housing units that are located within the Pedestrian Emphasis District (PED) (see attached boundaries or appendix of development code) may be reduced to 75% with a Parking
Management Plan or 60% pursuant to a Conditional Use Permit (CUP) and subject to the following requirements and provisions:
A.Eligibility.
1.In order to be eligible for the reduced parking ratios as permitted herein, the resulting structure must have ten (10) dwelling units or more.
2.However, structures with fewer than ten (10) dwelling units may apply for a conditional use permit in order to qualify for reduced parking.
3.This ordinance is not intended nor shall apply to any structure originally constructed as a single-family or duplex residential structure.
4.Furthermore, all underlying zoning standards shall apply with the exception of unit density. Density limits may be removed with the PED Conditional Use Permit (CUP).
B.“Developer Option”. (See subsection 3.04.040.C.) Parking Management Plan for Reduced Parking
1.A Parking Management Plan shall be designed and anticipated to facilitate parking for the intended tenants of the units as well as reasonably anticipated visitors and ancillary services. The plan shall show all
parking spaces and their dimensions, access aisles, loading spaces, and entrances and exits to the site. The parking plan may also include the landscape plan. This plan needs to be submitted to the Zoning
Administrator.
2.Evaluating the Plan. The following items shall be considered when evaluating a parking plan:
a.On site, how will visitor vs. tenant parking spaces be identified to determine compliance?
b.Are there specific times the spaces will be available?
c.Who will manage the parking?
d.What is the method of management? What are the consequences of noncompliance?
e.Do all contracts specify if the contract comes with a parking space or not?
C.
PEDParking Ratio. The parking ratio per student within “Areas 1 and 2” as identified on the attached exhibit map shall be reflective of a market demand as determined by the applicant or land owner, but may in
some cases be reduced to as little as sixty (60%) percent, including other parking that is required for guests and management.
1.Dormitory
a.The parking ration per bed as identified on the attached exhibit map may be reduced to seventy-five (75%) percent with a Parking Management Plan and as little as sixty (60%) percent with a
Conditional Use Permit (CUP) including other parking that is required for guests and management.
2.Community Housing
a.The parking ratio per bed as identified on the attached exhibit map may be reduced to seventy-five (75%) percent with a Parking Management Plan and as little as sixty (60%) percent with a
Conditional Use Permit (CUP) including other parking that is required for guests and management.
D.
Rental Agreements. Each property that utilizes this parking reduction shall clearly specify on all rental contracts or agreements whether or not a vehicle parking space is provided for that individual tenant.
E.ManagementEmployee Space. One vehicle parking space, per number of employee at highest level, shall be provided for on-site management and must be the City’s full-size parking space standard.
F.Visitor Parking. Visitor Parking in the Pedestrian Emphasis District (PED) consists of the following:
1.Space Size. Guest parking spaces shall be the City’s full-size parking space standard unless the Developer Option is exercised. (See 3.04.040.).
a.These spaces shall not be included in the parking contract required to be entered into (see section 11.1.030dD. above).
b.Signs. Guest parking shall be marked with signage that is clearly visible during all seasons of the year.
2.GuestVisitor Parking Ratio. One (1) vehicle parking space per ten (10) residents shall be provided for guest parking unless the Developer Option is exercised: See section 3.4: Parking Regulations.
a.Visitor or Guest Parking. Visitor or Guest Parking may be reduced to six (6%) percent visitor parking stalls per number of beds with a Conditional Use Permit (CUP).
b.Changes. This may not be changed for a period of two years.
G.Parking areas.
1.Parking areas (parking spaces and maneuvering areas) shall not be located within the required front yard as per subsection 3.04.050.B.
2.Front Yard. Existing parking areas that are located within the required front yard shall be eliminated and restored to landscaping that includes the use of trees and shrubs a CUP.
3.Landscaped areas shall, through the use of trees and shrubs, deter the use of the required front yard as parking during the winter months when vehicles are not allowed to be parked overnight on City streets.
4.Curbing. Landscaped front yards and other required buffer yards shall be delineated from parking areas by high-back curbing that will further discourage parking in the front yard.
H.Reduced front yard setback CUP. If the building location is approved by a Conditional Use Permit with a reduction in the front yard setback up to fifteen (15’) feet; then tThe twenty (20%) percent landscaping
requirement may be reduced down to as little as ten (10%) percent upon approval of the Zoning Administrator.
SECTION 16: AMENDMENT “9.02.050 Bicycle Parking” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
9.02.050 Bicycle Parking
Bicycle Parking. Bicycle parking, shall be provided on a ratio of one (1) space per every ten (10) resident beds, as follows:
A.Surface. Spaces may be in an open-air environment, but shall be placed on a hard surface such as concrete, asphalt, pavers, or otheretc.
B.Connectivity. A hard surface, such as concrete, asphalt, pavers, or otheretc., shall connect bicycle storage area to either the internal parking lot, or a public right-of-way. Surface shall be a minimum of five (5’) feet in
width or six (6’) feet in width if vehicle overhang will occur.
C.Lighting.
1.Spaces shall have lighting that is motion activated.
2.Lighting shall in no way shine on to adjacent rights-of-way or adjacent property, but shall be directed downward on to bicycle storage only.
3.The City’s lighting ordinance shall govern any other aspects not anticipated by this section.
D.Signs. Signs shall be placed conspicuously that state that moped parking is allowed in areas of bicycle parking.
1.Signs shall clarify that mopeds include either pedals, or have engines under 50cc.
E.Front Yard Setback. Parking areas shall not be located within the required front yard setback.Up to ten (10) bicycle parking stalls may be placed in the front yard setback, provided normal use of the bike racks do
not impede the sidewalk.
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SECTION 17: AMENDMENT “4.07.080 Yard Requirements” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.07.080 Yard Requirements
The following minimum yard requirements shall apply in the MDR2 zone:
A.Front Yard. Each lot or parcel in the MDR2 zone shall have a minimum front yard of at least twenty-five (25’) feet from right-of-way.
1.Front Yard Reduced Setback. When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way.
2.Reduced Setback for Parking. The Planning and Zoning Commission may allow a reduction of the front yard setback to fifteen (15’) feet if all parking spaces are located behind the building.
B.Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
C.Side Yard. Each lot or parcel of land in the 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.
1.Side Yard Reduced Setback. A setback of ten (10’) feet shall be allowed within side yards that abut other MDR zones, HDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.
D.Infill/Redevelopment Setbacks. (See section 9.1.)
E.Accessory Buildings. (See subsection 3.02.070.)
SECTION 18: AMENDMENT “4.07.130 Referenced Sections” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.07.130 Referenced Sections
A.Prior Created Lots (See subsection 3.03.070.)
Distance Between Buildings (See subsection 3.02.060.)
Parking, Loading and Access (See section 3.4 and subsection 4.00.060
.)
Project Plan Approval (See subsection 3.02.130.)
Fencing (See subsection 3.02.110.)
Highway 20 Corridor. (See subsection 3.02.100.F.)
Infill/Redevelopment Buffering. Buffering is increased as per section 9.1 for Infill/Redevelopment projects.
Residential Design Standards (See subsection 4.00.050.)
Lighting Standards are applicable as described in section 3.6
.
Refer to section
4.0 for Development Rules that apply to all Residential Zones.
Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 19: AMENDMENT “4.08.080 Yard Requirements” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.08.080 Yard Requirements
The following minimum yard requirements shall apply in the HDR1 zone:
A.Front Yard. Each lot or parcel in the HDR1 zone shall have a minimum front yard of at least twenty-five (25’) feet from right-of-way.
1.Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way.
a.Parking Lot. If a boulevard strip is present, the front yard setback can be reduced to ten (10’) feet for a parking lot.
B.Rear Yard. The minimum depth of a rear yard shall be twenty (20’) feet.
C.Side Yard. Each lot or parcel of land in the HDR1 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever is greater.
1.Exception: A setback of ten (10’) feet shall be allowed within side yards that abut other HDR zones, MDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.
D.Infill/Redevelopment Setbacks. Setbacks are increased for Infill/Redevelopment projects. (See section 9.1.)
E.Accessory Buildings. (See subsection 3.02.070.)
SECTION 20: AMENDMENT “4.09.070 Lot Configuration And Density” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.09.070 Lot Configuration And Density
Dwelling units shall not exceed forty-two (42) units per acre. For Dormitory or Congregate Residential uses, regardless of actual number of dwellings, the density shall not exceed two-hundred-fifty-two (252) individuals per
acre.
A.PED. The Pedestrian Emphasis District (PED) density is regulated by the University, the adopted Building Code, and any requirements imposed as part of the required CUP. (See section 9.2.)
Infill/Redevelopment Area. The PED area lies within the Infill/Redevelopment Overlay. (See section 9.1.)
SECTION 21: AMENDMENT “4.09.080 Yard Requirements” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.09.080 Yard Requirements
The following minimum yard requirements shall apply in the HDR2 zone:
A.Front. Each lot or parcel in the HDR2 zone shall have a minimum front yard of at least twenty-five (25’) feet from right-of-way.
1.Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to ten (20’) feet from right-of-way.
a.Parking Lot. If a boulevard strip is present, the front yard setback can be reduced to twenty (20’) feet for a parking lot.
B.Rear. The minimum depth of a rear yard shall be twenty (20’) feet.
C.Side Yard. Each lot or parcel of land in the HDR2 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever is greater.
1.Exception: A setback of ten (10’) feet shall be allowed within side yards that abut other HDR zones, MDR zones, Commercial zones, or Mixed-Use zones, regardless of building height.
D.Infill/Redevelopment Setbacks. Setbacks are increased for Infill/Redevelopment projects. (See section 9.1.)
E.Accessory Buildings. (See subsection 3.02.070.B.)
SECTION 22: AMENDMENT “4.09.130 Referenced Sections” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
4.09.130 Referenced Sections
Page 8
AYE NAY ABSENT ABSTAIN
Councilmember Joe
A.Prior Created Lots(See subsection 3.03.070.)
Distance Between Buildings (See subsection 3.02.060.)
Project Plan Approval (See subsection 3.02.130.)
Fencing (See subsection 3.02.110.)
Highway 20 Corridor. (See subsection 3.02.100.F.)
Buffers. (See subsection 3.02.100.)
A.Infill/Redevelopment Buffering. Buffering is increased as per section 9.1 for Infill/Redevelopment projects.
Residential Design Standards (See subsection 4.00.050.)
Pedestrian Emphasis District (See section 9.2.)
Lighting Standards are applicable as described in section 3.6
.
Refer to section
4.0 for Development Rules that apply to all Residential Zones.
Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 23: CUSTOM CLAUSE NAME
SECTION 24: CUSTOM CLAUSE NAME
SECTION 25: CUSTOM CLAUSE NAME
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL _______________________________.
P r e s id ing O ffic e r At te s t
Jerry L Merrill, Rexburg Mayor, City of Rexburg Deborah Lovejoy, Rexburg City Clerk City of Rexburg