HomeMy WebLinkAboutOrd No 1244 Dev Code Ord 1200 Amendment - Repeal TOZInstrument # 436914
REXBURG, MADISON, IDAHO
1-7-2021 02:50:46 PM No. of Pages: 15
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00 -
Ex -Officio Recorder Dgputy ,,//
CITY OF REXBURG
ORDINANCE 1244
DEVELOPMENT CODE ORDINANCE 1200 AMENDMENT - REMOVAL OF
TECHNOLOGY OFFICE ZONE (TOZ)
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: REPEAL SECTION 8.5 TECHNOLOGY OFFICE ZONE (TOZ); 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: REPEAL "8.5 TECHNOLOGY AND OFFICE ZONE (TOZ)" of
the Rexburg Development Code is hereby repealed as follows:
BEFORE REPEAL
8.5 TECHNOLOGY AND OFFICE ZONE (TOZ)
8.05.0 10 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.
8.05.020 Permitted Uses
The following principal uses and structures indicated as "P", and no others, shall be permitted in
the TOZ zones. The following uses and structures indicated as "CUP" may be permitted in the
TOZ zones only after a Conditional Use Permit has been approved, and subject to the terms and
conditions thereof.
TECHNOLOGY AND OFFICE
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F Group Home (Disabled & Elderly; under 8 residents) P
F Professional Services (except hospitals, behavior, drug and alcohol treatment, -
acsanitariums, convalescent and rest home services.)ffit P
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P
P
P
P
P
P
P
P
P
P
Advertising (office only) Beauty and barber shop (only in historic buildings on arterial p
streets) Call Centers Computer consultants Computer hardware renting or leasing, p
except finance leasing or from the manufacturer Computer interface equipment for p
industrial process control -mfg. Computer output to microfilm units, computer p
peripheral equipment -mfg. Computer paper -wholesale Computer peripheral p
equipment repair & maintenance Computer peripheral equipment, rental & leasing p
Computer photography or portraits Computer programming services and program p
Se software -custom Computer repair training Computer software publishers, pre- p
ry packaged Computer software tape and disks, blank: rigid and floppy - mfg. Computer P
is software, mail -order -retail Computer storage units mfg. Computer Stores -retail P
es Computer terminals mfg. Computer terminals -wholesale Computer-aided P
engineering/design systems services also CAD, CAM. Computerized axial- P
tomography (CT/Cat scanner apparatus - mfg. Computers: digital, analog & hybrid P
Consumer credit services Duplicating, stenographic, and office services Employment P
services Executive, legislative, and judicial offices Financial, Insurance and Real P
Estate Services Miscellaneous retail trade Photography studio (only in historic P
buildings on arterial streets) Prescription pharmacy* (intended for the convenience of P
permitted establishments and/or clients) Software programming, systems analysis- P
custom Software, computer- wholesale Travel Agencies Veterinarian services** C
U
P
P
P
P
P
P
P
P
Of P
fic Dwelling, janitorial, and other building services Miscellaneous business services P
e Miscellaneous service organizations News syndicate services Police protection and P
0 related activities, branch P
P
Y
Cemeteries -
Ut
Wt Communications (Subject to the Section Rexburg City Code) P
ies
*Prescription Pharmacy (a) No business occupies more than fifteen (15%) percent of the total floor
area of the building in which it is located. (b) Has no separate entrance **Veterinarian Services (a)
Experimental or scientific research activities are prohibited. (b) No on-site disposal of dead
animals. (c) The facility shall be located completely within an air-conditioned and soundproofed
building. (d) Animal noise shall not be audible at the nearest property line. (e) Overnight boarding
shall be limited to animals receiving treatment on the premises. (f) Services shall be limited to small
animals only. (g) No services shall be permitted for poisonous or dangerous animals.
***Restaurants (a) The restaurant be architecturally compatible with surrounding buildings. (b) No
short order/ fast food or drive-in restaurants. (c) Signs, landscaping, number of employees, and
distance from existing commercial zones, and related matters, shall be factors considered in the
review and approval of a conditional use permit.
A. Permitted Accessory Uses. (See subsection 3.02.070.) Accessory uses and structures are
permitted provided they are incidental to, and do not substantially alter the character of, the
permitted principal use or structure.
Accessory I Accessory Building I P I
8.05.030 Lot Area
A. Min. Lot Area. The minimum area of any lot or parcel of land in the TOZ zone shall be
one half ('/2) acre; provided, however, that smaller lots or parcels may be created as part of
an approved and recorded subdivision plat, as specified in City Code.
B. Min. Subdivision Area. The minimum area of land for a subdivision with such Record of
Survey shall be at least one (1) acre.
8.05.040 Lot Width
Each lot or parcel of land in the TOZ 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.
8.05.050 Yard Requirements
The following minimum yard requirements shall apply in the TOZ zone:
A. Front Yard. Each lot or parcel in the TOZ zone shall have a front yard of not less than ten
(10') feet from the right-of-way.
1. Front yards shall not be used for vehicular parking or maneuvering and shall be
appropriately landscaped.
B. Side Yard.
1. Adjacent to Residential. Each lot or parcel of land in the TOZ zone shall have a
side yard of at least ten (10') feet when located adjacent to a residential zone.
2. Adjacent to Commercial or Industrial Zone. There shall be no requirements in
those instances where the side property line abuts a commercial or industrial zone.
3. Accessory Buildings. (See subsection 3.02.060.)
C. Rear Yard. No requirement.
8.05.060 Building Height
A. Permitted Height. No lot or parcel of land in the TOZ zone shall have a building or
structure which exceeds fifty-five (55') feet in height, measured at the top of building's
horizontal wall. (Chimneys, flagpoles, or similar structures not used for human occupancy
are excluded in determining height.)
8.05.070 Permissible Lot Coverage
A. Building Coverage. In a TOZ zone, all buildings and structures shall not cover an area of
more than ninety (90%) percent of the lot or parcel of land upon which they are placed.
B. Parking Structures.
1. Parking structures shall be exempt from lot coverage requirements.
2. Parking structures shall be screened and buffered from adjacent properties and
public view as required Design Review.
8.05.080 Signs, Landscaping, Fences
A. Signs. (See section 3.5.) Signs proposed to be erected in the TOZ zone shall be placed in
the same classification with signs permitted in shopping center zones.
B. Landscaping. A minimum of ten (10%) percent of the site shall be landscaped.
C. Walls and Fences. (See subsection 3.02.110.)
1. A minimum vinyl fence at least six (6') feet in height shall be erected along all
property lines which lie immediately adjacent to any residential zone.
a. Alternative screening may be used which may include a landscape hedge
of six (6') feet at a two (2) year maturity, wood fence, or a combination of
landscaping with chain-link, with or without slats.
b. In the case where there is mutual agreement by adjoining property owners
and approved by the Planning and Zoning Commission or its designee,
this requirement may be waived.
8.05.090 Referenced Sections
A. Prior Created Lots (Seesubsection 3.03.070.)
B. Projections Into Yards (See subsection 3.02.090.)
C. Parking, Loading and Access (See section 3.4. )
D. Project Plan Approval (See subsection 3.02.130.)
E. Highway 20 Corridor. (See subsection 3.02.100.F.)
F. Trash Storage. (See subsection 3.02.1221
G. Commercial Design Standards (See section 6.0).
H. Lighting Standards (See.section 3.6).
All Zoning Standards apply. (See 3.01-3.06)
AFTER REPEAL
8.05.0 10 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.
8.05.020 Permitted Uses
The following principal uses and structures indicated as "P", and no others, shall be permitted in
the TOZ zones. The following uses and structures indicated as "CUP" may be permitted in the
TOZ zones only after a Conditional Use Permit has been approved, and subject to the terms and
conditions thereof.
TECHNOLOGY AND OFFICE
R
es
ou
re
eAgriculture
Pr
od
uc
do
n
R
esi
de
nt
ial
G
ro
U
P _
H
ou
Si
ng
C
ar C
e Day Care Centers U
F Group Home (Disabled & Elderly; under 8 residents) P
ac Professional Services (except hospitals, behavior, drug and alcohol treatment, _
ilit sanitariums, convalescent and rest home services.) P
ies
P1
ac
e
W Churches, Synagogues and Temples
or
sh
ip
Sc
ho
of
S9
P
U
bli Nursery Schools
C
or
pr
iv
at
e
F
oo Restaurants***
d
IU
an
C
U
P
C
U
P
Uf Minor assembly and other innocuous manufacturing with approval by the Zoning
ac P
to Administrator
ri
ng
Se
ry
is
es
Advertising (office only) Beauty and barber shop (only in historic buildings on arterial
streets) Call Centers Computer consultants Computer hardware renting or leasing,
except finance leasing or from the manufacturer Computer interface equipment for
industrial process control -mfg. Computer output to microfilm units, computer
peripheral equipment -mfg. Computer paper -wholesale Computer peripheral
equipment repair & maintenance Computer peripheral equipment, rental & leasing
Computer photography or portraits Computer programming services and program
software -custom Computer repair training Computer software publishers, pre-
packaged Computer software tape and disks, blank: rigid and floppy - mfg. Computer
software, mail -order -retail Computer storage units mfg. Computer Stores -retail
Computer terminals mfg. Computer terminals -wholesale Computer-aided
engineering/design systems services also CAD, CAM. Computerized axial -
tomography (CT/Cat scanner apparatus - mfg. Computers: digital, analog & hybrid
Consumer credit services Duplicating, stenographic, and office services Employment
services Executive, legislative, and judicial offices Financial, Insurance and Real
Estate Services Miscellaneous retail trade Photography studio (only in historic
buildings on arterial streets) Prescription pharmacy* (intended for the convenience of
permitted establishments and/or clients) Software programming, systems analysis -
custom Software, computer- wholesale Travel Agencies Veterinarian services**
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
U
P
P
P
P
P
P
P
P
Of P
fic Dwelling, janitorial, and other building services Miscellaneous business services P
e Miscellaneous service organizations News syndicate services Police protection and P
of related activities, branch P
P
y
Cemeteries
Ut
Hit Communications (Subject to the Section Rexburg City Code) P
ies
*Prescription Pharmacy (a) No business occupies more than fifteen (15%) percent of the total floor
area of the building in which it is located. (b) Has no separate entrance **Veterinarian Services (a)
Experimental or scientific research activities are prohibited. (b) No on-site disposal of dead
animals. (c) The facility shall be located completely within an air-conditioned and soundproofed
building. (d) Animal noise shall not be audible at the nearest property line. (e) Overnight boarding
shall be limited to animals receiving treatment on the premises. (f) Services shall be limited to small
animals only. (g) No services shall be permitted for poisonous or dangerous animals.
***Restaurants (a) The restaurant be architecturally compatible with surrounding buildings. (b) No
short order/ fast food or drive-in restaurants. (c) Signs, landscaping, number of employees, and
distance from existing commercial zones, and related matters, shall be factors considered in the
review and approval of a conditional use permit.
A. Permitted Accessory Uses. (See subsection 3.02.070.) Accessory uses and structures are
permitted provided they are incidental to, and do not substantially alter the character of, the
permitted principal use or structure.
Accessory I Accessory Building I P
8.05.030 Lot Area
A. Min. Lot Area. The minimum area of any lot or parcel of land in the TOZ zone shall be
one half ('/2) acre; provided, however, that smaller lots or parcels may be created as part of
an approved and recorded subdivision plat, as specified in City Code.
B. Min. Subdivision Area. The minimum area of land for a subdivision with such Record of
Survey shall be at least one (1) acre.
8.05.040 Lot Width
Each lot or parcel of land in the TOZ 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.
8.05.050 Yard Requirements
The following minimum yard requirements shall apply in the TOZ zone:
A. Front Yard. Each lot or parcel in the TOZ zone shall have a front yard of not less than ten
(10') feet from the right-of-way.
1. Front yards shall not be used for vehicular parking or maneuvering and shall be
appropriately landscaped.
B. Side Yard.
1. Adjacent to Residential. Each lot or parcel of land in the TOZ zone shall have a
side yard of at least ten (10') feet when located adjacent to a residential zone.
2. Adjacent to Commercial or Industrial Zone. There shall be no requirements in
those instances where the side property line abuts a commercial or industrial zone.
3. Accessory Buildings. (See subsection 3.02.060.)
C. Rear Yard. No requirement.
8.05.060 Building Height
A. Permitted Height. No lot or parcel of land in the TOZ zone shall have a building or
structure which exceeds fifty-five (55') feet in height, measured at the top of building's
horizontal wall. (Chimneys, flagpoles, or similar structures not used for human occupancy
are excluded in determining height.)
8.05.070 Permissible Lot Coverage
A. Building Coverage. In a TOZ zone, all buildings and structures shall not cover an area of
more than ninety (90%) percent of the lot or parcel of land upon which they are placed.
B. Parking Structures.
1. Parking structures shall be exempt from lot coverage requirements.
2. Parking structures shall be screened and buffered from adjacent properties and
public view as required Design Review.
8.05.080 Signs, Landscaping, Fences
A. Signs. (See section 3.5.) Signs proposed to be erected in the TOZ zone shall be placed in
the same classification with signs permitted in shopping center zones.
B. Landscaping. A minimum of ten (10%) percent of the site shall be landscaped.
C. Walls and Fences. (See subsection 3.02.110.)
1. A minimum vinyl fence at least six (6') feet in height shall be erected along all
property lines which lie immediately adjacent to any residential zone.
a. Alternative screening may be used which may include a landscape hedge
of six (6') feet at a two (2) year maturity, wood fence, or a combination of
landscaping with chain -fink, with or without slats.
b. in the case where there is mutual aereement by adjoining property owners
and approved by the Planning and Zoning Commission or its designee,
this requirement may be waived.
8.05.090 Referenced Sections
A. Prior Created Lots (See subsection 3.03.070.)
B. Projections Into Yards (See subsection 3.02.090.)
C. Parking, Loading and Access (See section 3.4.)
D. Project Plan Approval (See subsection 3.02.130.)
E. Highway 20 Corridor. (See subsection 3.02.100.F.1
F. Trash Storage.(See.subsection 3.02.120.)
G. Commercial Design Standards (See section 6.0).
H. Lighting Standards (See section 3.6).
9.6 TEGI r r "nv AND GFFIGE; nGNF (TEM) (Repealed)
(Repealed)
o 05 GN Pee mitted " - (Repealed)
o nc 030 Lot Are a:vsv✓o-cot�rrua (Repealed)
9.05.040 Let 'Md (Repealed)
5:83. Xsrd 3 q" ron onL, (Repealed)
8.05.060 "Zd: ,g Ao161.i (Repealed)
o 05 040 n ._..:.sible ...t Gaverag (Repealed)
5,93-980 Signa( nn&o4pin15,: o„ow (Repealed)
&&5-990 Dcfz. :z .�-Seetians (Repealed)
(Repealed)
o nC.020 n_— (Repealed)
5-1`/J)Q it !._c» (Repealed)
(Repealed)
5.93-930 XV -1 (Repealed)
8.05.060 Building lleig4it (Repealed)
X03-080�ib..:;, LW.t r .b, Fznaes (Repealed)
8.05.09E I\/Lrac 3ac:16is (Repealed)
-A413cu :b G„
SECTION 2: REPEALER CLAUSE All ordinances or resolutions or parts
thereof, which are in conflict herewith, are hereby repealed.
SECTION 3: SEVERABILITY CLAUSE Should any part or provision of this
Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect
the validity of the Ordinances a whole or any part thereof other than the part so declared to be
unconstitutional or invalid.
SECTION 4: EFFECTIVE DATE 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. The City of Rexburg, Idaho City Council shall
enact this Ordinance (#20-00661) amending Ordinance 1200, otherwise known as The
Development Code of the City of Rexburg, Idaho, upon its passage and shall be in full force and
effect from January 6, 2021 and after the required approval and publication according to law.
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL JANUARY 06,202 1.
-000e • •
Jerry L Merrill, Rexburg Mayor, City Deborah Lovejoy, Rexburg City Clerk
of Rexburg City of Rexburg
AYE NAY ABSENT ABSTAIN
Council President Jordan Busby
X
Councilmember Brad Wolfe
X
Councilmember Tisha Flora
X
Councilmember Christopher Mann
X
Councilmember Mikel Walker
X
Councilmember Bryanna Johnson
X
Presiding Officer
Attest
-000e • •
Jerry L Merrill, Rexburg Mayor, City Deborah Lovejoy, Rexburg City Clerk
of Rexburg City of Rexburg