HomeMy WebLinkAboutOrd No 1237 Dev Code Ord 1200 Amendment - Remove Infill and Amend PED or PEZ and LDR3 DensityInstrument # 435439
REXBURG, MADISON, IDAHO
11-9-20M 02:47:55 PM No. of Pages: 22
Recorded for: CITY OF REXBURG
KIM N. MUIR Fee: 0.00 .,/f4/
Ex4Mclo Recorder Deputy O?f
CITY OF REXBURG
ORDINANCE 1237
REMOVE INFILL, AMEND PED OR PEZ AND LDR3 DENSITY
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE
(PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE
AND NON -SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN
MADE: REPEALING THE INFILL/REDEVELOPMENT OVERLAY; AMENDING
THE PEDESTRIAN EMPHASIS DISTRICT'S (PED) REDUCED PARKING FOR
DORMITORY AND COMMUNITY HOUSING, SETBACKS, AND LOT
CONFIGURATION AND DENSITY REQUIREMENTS; AMENDING BYCYCLE
PARKING REQUIREMENTS FOR DORMITORY; AND PROVIDING FOR THE
EFFECTIVE DATE OF THE ORDINANCE.
WHEREAS, the City of Rexburg is incorporated as an entity of the State of Idaho; and
WHEREAS, the State of Idaho Statutes are used by the City of Rexburg as the primary
source of code compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho state code.
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:
AMENDMENT
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 ten (10) dwelling units per acre.
SECTION 2: AMENDMENJ "I -T' of the Rexburg Development Code is hereby
amended as follows:
AMENDMENT
I -J
Muminanee: 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.)
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:
AMENDMENT
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 HDRI 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 Be. (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. 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.
H. Utility yards. When utility yards are in zones other than Industrial or adjacent to any
residential zone or commercial zone, then screening is required_
1. The screening required shall consist of a seven (7') foot tall decorative masonry
wall or otherwise approved privacy fence by the Zoning Administrator that is set
back from the right-of-way seven (7') feet and at the property line when not
adjacent to the right-of-way.
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.
(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:
AMENDMENT
3.04.080 Reduced Parking
A. 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.)
SECTION 5: AMENDMENT "4.06.080 Yard Requirements" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
4.06.080 Yard Requirements
The following minimum yard requirements shall apply in the MDR I zone:
A. Front Yard. Each lot or parcel in the MDR 1 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 tventy (20') feet from right-of-way.
2. Reduced Front Yard Setback. If all parking spaces are located behind the
building, the fi•ont 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 MDR l zone shall have a side yard of at least six
(61) feet or six (6") inches of setback for every (l') 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. 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 "4.08.070 Lot Configuration And Density" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
4.08.070 Lot Configuration And Density
A. Dwelling unit density shall not exceed thirty (30) units per acre.
B. PED. For increased densities, see section 9.2.
SECTION 7: AMENDMENT "5.01.090 Yard Requirement" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
5.01.090 Yard Requirement
(See subsection 3.01.080.)
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
ightof-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 pernlit.
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 fust floor a minimum of two (2') feet
above grade.
b. 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. 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 8: AMENDMENT "5.01.140 Other Requirements" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
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. Outdoor Storage or Display. Outdoor storage or display requires a Conditional Use
Permit (CUP).
C. 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.
D. Street lighting and utilities within the right-of-way shall be installed as per the City
Engineering Standards.
E. 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 fagades (i.e., these fences shall
not be located in the area between building fagades and the property line).
F. Commercial Design Standards. Commercial projects must meet commercial design
standards. (See section 6.0.)
SECTION 9: REPEAL "9.1 INFILL/REDEVELOPMENT OVERLAY" of the
Rexburg Development Code is hereby repealed as follows:
REPEAL
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 InfilURedevelopment 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
A. In the Inftll/Redevelopment area, the required front yard setbacks for buildings (not
parking) may be reduced up to fifteen (IT) 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 fust 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.
S. 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 LDR 1 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 t Zoning.
E. Infdl /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:
Rexburg Redevelopment Area
AeaeveWMeN Area
PE2 N
Geographic Information System (GIS) study showing proximity to Campus, Shopping. Parks and
other amenities follows (the darker areas are more walkable):
High Demand Areas for Walkable Housing
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SECTION 10: AMENDMENT "9.02.010 Objective" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
9.02.010 Objective
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.
SECTION 11: AMENDMENT "9.02.020 Dwelling Area" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
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 12: AMENDMENT "9.02.030 Dwelling Density" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
9.02.030 Dwelling Density
Within the Pedestrian Emphasis District, there is no maximum density.
A. Height limits within each zone will be enforced.
SECTION 13: AMENDMENT "9.02.040 Reduction In Parking For Dormitory"
of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
9.02.040 Reduction In Parking For Dormitory
Parking requirements for 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 dwelling units.
2.
3. This ordinance is not intended nor shall apply to any structure originally
constructed as a single-family or duplex residential structure.
4.
B. 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.
Parking 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 (601/o) 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. Employee Space. One vehicle parking space, per number of employee at highest level,
shall be provided for on-site management .
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 .rection 11.1.030D. above).
b. Signs. Guest parking shall be marked with signage that is clearly visible
during all seasons of the year.
2. Visitor Parking Ratio. One (1) vehicle parking space per ten (10) residents shall
be provided far guest parking
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.
G. Parking areas.
1. Parking areas (parking spaces and maneuvering areas) shall not be located within
the required front yard as per subsection 3.04.050.13.
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 slirubs, 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. The twenty (20%) percent landscaping requirement may be reduced down to as little as ten
(10%) percent upon approval of the Zoning Administrator.
SECTION 14: AMENDMENT "9.02.050 Bicycle Parking" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
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, etc.
B. Connectivity. A hard surface, such as concrete, asphalt, pavers, etc., shall connect bicycle
storage area to either the internal parking lot, or a public right -0f -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.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.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.Signs shall clarify that mopeds include either pedals, or have
engines under 50cc.
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.
SECTION 15: AMENDMENT "4.07.080 Yard Requirements" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
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.
B. 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.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.
Rear Yard. 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.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.
Accessory Buildings. (See subsection 3.02.070.)
SECTION 16: AMENDMENT "4.08.080 Yard Requirements" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
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 HDR I zone shall have a minimum front yard of at
least twenty-five (25') feet from right-of-way. 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.
B. Parking Lot. if a boulevard strip is present, the front yard setback can be reduced to ten
(10') feet for a parking lot.
Rear Yard. The minimum depth of a rear yard shall be twenty (20') feet.
Side Yard. Each lot or parcel of land in the HDR 1 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.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.
Accessory Buildings. (See subsection 3.02.070.)
SECTION 17: AMENDMENT "4.09.070 Lot Configuration And Density" of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
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.
SECTION 18: AMENDMENT "4.09.080 Yard Requirements" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
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.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.Parking Lot. If a boulevard strip is present, the
front yard setback can be reduced to twenty (20') for a parking lot.
Rear. 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 (1) foot of building height, whichever is
greater.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.
Accessory Buildings. (See .subsection 3.02.070.8.)
SECTION 19: AMENDMENT "4.06.130 Referenced Sections" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
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. 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.)
L 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 20: AMENDMENT "4.08.130 Referenced Sections" of the Rexburg
Development Code is hereby amended as follows:
Aiv1ENDMENT
4.08.130 Referenced Sections
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 3.02.1OO.F.)
F. Buffers. (See subsection 3.02.100.)
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 21: AMENDMENT "4.09.130 Referenced Sections" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
4.09.130 Referenced Sections
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.)
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 22: AMENDMENT "4.07.130 Referenced Sections" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
4.07.130 Referenced Sections
A. Prior Created Lots (See subsection 3.03.070.)
B. Distance Between Buildings (See subsection 3.02.060.1)
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. Residential Design Standards (See subsection 4.00.050.)
H. Lighting Standards are applicable as described in section 3.6.
I. Refer to section 4.0 for Development Rules that apply to all Residential Zones.
J. Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 23: REPEALER CLAUSE Providing for other substantive and non -
substantive changes in the Development Code as recommended and approved by the Planning and
Zoning Commission of the City of Rexburg, Idaho. Furthermore, any portion of the existing
Development Code in conflict with this proposed amendment is hereby repealed.
SECTION 24: SEVERABILITY CLAUSE The provisions of this Ordinance
shall be deemed severable and a finding by a court of law that a provision of the Ordinance is
unlawful shall have no effect on the remaining provisions.
SECTION 25: EFFECTIVE DATE The City of Rexburg, Idaho City Council
shall enact this Ordinance (#20-00603) amending Ordinance 1200 otherwise known as THE
DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO upon its passage, approval
and publication; and shall be in full force and effect from November 4, 2020 and after the required
approval and publication according to law.
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL NOVEMBER 04,
2020.
Council President Jordan Busby
Councilmember Brad Wolfe
Councilmember Tisha Flora
Councilmember Christopher Mann
Councilmember Mikel Walker
Councilmember Bryanna Johnson
Presiding Officer
Jerry L Merrill, Rexburg Mayor, City
of Rexburg
ORPOR.4
AYE NAY ABSENT ABSTAIN
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Attest
dJ .
Deborah Lovejoy, Rexburg City Clerk
City of Rexburg