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HomeMy WebLinkAboutPROZONE DRAFT - 08-00117 - Hemming-PRO ZoneCity of Rexburg Development Code PRO 3.30 PRO (Project Redevelopment Option) Hemming Project Location: see attached 3.30.010 Purpose and Objectives The Hemming Pro Zone is in accord with the Comprehensive Plan. Hemming acquired property that comprises the largest portion of the square block with additional acquired property which bounds the North and South borders of the square block. 3.30.020. Permitted Uses A. Categories. Those uses or categories of uses as listed herein, and no others, are permitted in the Hemming Pro Zone. B. Numbered Listings. All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or categories of such uses permitted within the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes. C. Uses. All such categories listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the Hemming Pro Zone, subject to the limitations set forth. D. Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the Hemming Pro Zone: SIC Code Use 1123 Two-family dwelling (attached to commercial or other nonresidential use) 1133 Multiple Family Dwelling 1143 Apartments (low rise attached to commercial or other nonresidential use as a mixed-use project as set forth in Rexburg City Code) 1153 Apartments (high rise attached to commercial or other nonresidential use; as a mixed-use project as set forth in Rexburg City Code) 1220 Membership lodging 1250 Religious quarters 1291 Residential facility for elderly persons 1292 Residential facility for persons with a disability 1300 Residential hotels 1500 Transient lodgings 4600 Automobile parking (except 4603, long term storage of autos, trucks, boats, vacation trailers, etc.) 4862 Gas and electric utility company office 4863 Water and electric utility company office 4864 Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Stoma drain or right-of-way (predominantly covered pipes or boxes) 4923 Travel Agencies 5230 Paint, glass, and wallpaper 5251 Hardware 5255 Building maintenance 5311 Department stores (includes major andjunior chain department stores) 5330 Variety stores City of Rexburg Development Code 5390 Retail trade - general merchandise 5400 Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products. bakeries, etc.) 5490 Miscellaneous retail food establishments 5600 Apparel and accessories 5700 Furniture, home furnishings, and equipment (no combined warehousing) 5810 Eating places (restaurants) 5910 Drug and proprietary stores 5940 Books, stationery, art, and hobby supplies 5950 Sporting goods, bicycles, and toys 5969 Garden supplies (entirely within a building only) 5970 Jewelry 5990 Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet stores, and other similar retail stores) 6100 Banks, insurance, and real estate (office only) 6200 Personal services - including laundry, photography, beauty and barber services, clothing repair, etc. (except 6240 and 6299 wedding chapel and reception centers only) 6297 Athletic clubs, body building studios, Spas, aerobic centers, (no gymnasiums) 6300 Business services (office and retail sales only, except 6370, 6380, 6394 and 6397) 6496 Locksmiths and key shops 6500 Professional Services (except 6515 Behavior, drug and alcohol treatment; office only) 6600 Contract construction services (offices and retail only) 6710 Executive, legislative, and judicial functions 6730 Postal services 6800 Educational services 6911 Churches, synagogues, temples, and missions 6912 Religious reading rooms 6919 Other religions activities 7100 Cultural activities 7398 Video Rental Shops E. Permitted Accessory Uses. Accessory uses and structures are permitted in the Hemming Pro Zone provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: 1. Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the Hemming Pro Zone. 2. Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use be located on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter. F. Conditional Uses. The following uses and structures are permitted in the Hemming Pro Zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof. SIC Code Use 1211 Apartments (maximum of six (6) persons per unit attached to commercial or other nonresidential use as a mixed-use project as set forth in Section 3.15.160, Rexburg City Code)) 4700 Communications 4825 Gas company office 4874 Spreading grounds (area for percolating water into underground) 5594 Motorcycles, motor scooters, parts, accessories, and supplies 5930 Antiques and second-hand merchandise (indoor only) (except 5935, 5938, 5939) 6299 Personal services (wedding chapels and receptions centers only) 6397 Vehicle rental (passenger automobiles only) 6399 Miscellaneous business services N City of Rexburg Development Code 6722 Police protection and related activities, branch (office only) 6900 Miscellaneous service organizations 7210 Entertainment and assembly including legitimate theater 7212 Motion picture theaters (indoor) 7230 Public assembly 7391 Coin-operated amusements 7396 Dance halls, ballroom 7414 Ice skating 7117 Bowling alleys The Regulating Plan The regulating plan illustrates where form -based codes for the 13emming Pro Zone apply. It classifies the site according to street, block, and district characteristics and includes easy to follow illustrations of build -to lines, projected building footprints, location of public spaces, and allowable building types specific within the site. Developers and planters view the site as part of a larger, unified design which identifies the basic physical characteristics of each building site, The regulating plan shows the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. See Diagram below: 3.30.100. Building Height Refer to Section IV. Article 2.A 3.30.110. Distance Between Buildings No requirement except as regulated by the provisions of the latest edition of the Building Code of The City of Rexburg as adopted by the action of the Municipal Council of said City. 3.30.120. Permissible Lot Coverage No requirement except as may be dictated by the necessary provision of off-street parking. ..s City of Rexburg Development Code 3.30.130. Parking, Loading, and Access A. Distance for Private Off -Street Parking Required off-street parking shall be located within two hundred feet (200') of the primary entrance of the building. This section is not applicable in the University District. B. Common Parking Facilities for Joint and Mixed -Uses Joint or mixed-use of parking facilities shall be permitted as follows: 1. Mixed -Uses. Total requirements for off-street parking shall be the sum of the requirements for various uses within the development or structure. 2. Joint Uses. The joint use of off-street parking facilities is allowed provided: a. The applicant shows there is no substantial conflict in the principal operating hours of the building, structure, or use for which the joint use of parking facilities is proposed. b. The parking facility for joint use is not further than two hundred feet (200') from the primary entrances of each use. c. The parties concerned shall submit a written agreement for such joint use approved by the City Attorney as to form and content, and such agreement, when approved, shall be recorded in the County Recorder's Office. C. Loading Spaces In addition to off-street parking required herein, all commercial and manufacturing uses in the Hemming Pro Zone shall provide adequate off-street loading and unloading areas. As a minimum, any building over ten thousand (10,000) square feet shall provide one off-street loading space which shall not measure less than forty by twelve (40x12) square feet and shall have an unobstructed height of Such loading space shall be made permanently available for loading and unloading and shall be surfaced with concrete or asphalt. Additional spaces may be required by the City Engineer or the Planning and Zoning Commission. Maneuvering for loading and unloading on the public rights-of-way, excluding alleys, shall be prohibited for all buildings constructed outside the CBD district after the effective date of this Ordinance. D. Parking Plan Required When a building or structure is constructed, erected or enlarged, when the capacity of a building or structure is increased, or when the use of a building or structure is changed and such change creates an increase of fifteen (15) percent or more in off-street parking requirements, a parking plan shall be submitted to and approved by the City Engineer. The plan shall show all parking spaces and their dimensions, access aisles, and entrances and exits to the site. The parking plan may be combined with the landscape plan required under Section 6-9. Parking provided shall conform to the following standards: I . Each required off-street parking space shall be at least nine (9) feet in width and at least eighteen (18) feet in length, exclusive of access drive and aisles. Up to twenty-five (25) percent of the spaces may be allocated for compact cars with a minimum stall width of eight (8) feet and length I' ' t City of Rexburg Development Code of fifteen (15) feet. Spaces for compact cars shall be signed or otherwise designated and shall be located in rows separate from parking for larger vehicles. For student housing, forty (40) percent of the parking areas may be allocated to compact cars. 2. All aisles designed for two-way circulation and all aisles designed to serve ninety degree parking shall be at least twenty-two (22) feet in width. Aisles designed for one-way circulation shall be thirteen (13) feet wide when serving thirty (30) degree parking, fifteen (15) feet wide when serving forty-five (45) degree parking, and eighteen (18) feet wide when serving sixty (60) degree parking. 3. No parking areas shall be designed to require the use of the public right-of-way to travel from one portion of the lot to another. 4. All parking areas shall be surfaced with asphalt or concrete. 5. No parking spaces shall be located in the clear sight triangle provided in section 4-6 or immediately adjacent to an exit to a public right-of-way. 6. All lighting for parking areas shall be directed and, when necessary, shielded so as not to produce direct glare on adjacent properties. 7. No parking area, except those designed for single-family homes, shall be designed or constructed to create a situation in which vehicles back into the public right-of-way. 8. No access point from a parking area to any street shall be within twenty (20) feet of a local street intersection or alley. No access point shall be within forty (40) feet of an intersection with a collector street of sixty (60) feet of an intersection with an arterial street. 9. All parking areas for more than four (4) vehicles shall dedicate the equivalent of ten (10) percent of the parking area to landscaping and snow storage. The landscaping may be interior or may be peripheral. It shall include groundcover and trees. E. Location of Parking Areas In residential zones, required parking shall not be permitted in the required front yard or the required side yard facing a public street, such yards shall be dedicated to landscaping and driveways. loo over; in LD & LDRI single family stfuetures shall be allowed one parking plape ss,ithin. the qptbgGk AFea peF dwelling, F. Required Parking for Land Uses The minimum number of parking spaces to be provided under this ordinance shall be as follows except in the parking overlay districts: G. TABLE 3—Required Number of Spaces Use Parking Spaces RESIDENTIAL Single-family dwellings 2 spaces per unit Multi -family dwellings (MDR) 2.0 spaces per unit Q City of Rexburg Development Code High Density Residential (HDR) & HDR2) I bedroom LIS spaces per unit 2 bedroom HLO spaces per unit 3 bedroom HI.5 spaces per unit Student housing _ space per student Multi -family dwellings for the elderly 0.7 spaces per unit Nursing homes0.25 per bed Motels and hotels (transient lodging) 1.00 per sleeping room RETAIL TRADE _ Building materials, hardware and farm equipment (SLUC 52) 1.00 per 1,000 square feet gross floor area General merchandise (SLUC 53) 4.00 per 1,000 square feet gross floor area Food (SLUC 54) 3.00 per 1,000 square feet gross floor area 000 square feet gross floof affea and- aeeessoFies (SLUC 551 and CGS) (Sale,. d,.e.. HOt 1....L,de F@Pa:,. gaga ge ) + e Automotive, marine eraft, aiferaft, and3.00 peF 1,000 square fOOt gFOSS AOOF area aeeesseries (SLUC 552 and 553) (sales and seFviee) Furniture, home furnishings, and 1.00 per 1,000 square feet gross floor area equipment (SLUC 57) Shopping centers -mixed -uses Under 200,000 square feet4.00 per 1,000 square feet gross floor area Over 200,000 square feet 5.00 per 1,000 square feet gross floor area Eating and drinking (SLUC 58) 1.00 per 4 seats or 8 feet of bench SERVICES Finance, insurance, real estate, 3.00 per 1,000 square feet gross floor area services (SLUC 61) Personal services Beauty and Barber services 6.00 per 1,000 square feet gross floor area (SLUC 6l) All other (SLUC 62, except 623) 3.00 per 1,000 square feet gross floor area Business services (SLUC 63) ??? 3.00 per 1,000 square feet gross floor area except 637) Travel services (SLUC 4924) 3.00 per 1,000 square feet gross floor area Professional services Physician and dental 5.00 per 1,000 square feet gross floor area including out-patient services (SLUC 6511, 6512, 6517) City of Rexburg Development Code Hospital seFvices 2.00 pef patient bed (SLUG 65 ) All other medical services 3.00 per 1,000 square feet gross floor area and professional services (SLUC 6514, 6515, 6519) Day Care, preschool 2.00 per teacher on largest shift Religious facilities 1.0 per 4 seats or 8 feet of bench in main meeting room Civic, social, fraternal organizations 1.0 per 4 persons maximum occupancy All other services 3.00 per 1,000 square feet gross floor area PUBLIC ASSEMBLY Theaters, sports arenas, and auditoriums 1.0 per 4 seats Indoor recreation facilities, 4.00'per 1,000 square feet skating rinks, dance halls, gross floor area game centers Raquetball, handball, and tennis courts 3.00 per court Bowling alley 7.00 per alley Health clubs and spas 5.00 per 1,000 square feet gross floor area OTHER USES NOT INCLUDED ABOVE To be determined by Planning Commission 3.30.140. Project Plan Approval All Project plans for projects in the Hemming Pro Zone must be prepared and engineered by A/E professionals and be submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by professional engineered plans and specifications for review by all City Departments and Permitting Authorities. ..6 City of Rexburg Development Code Building Envelope Standards Building Envelope Standards (BES) ensure that the Hemming Pro Zone fits the character of the community, regulating building height, placement and orientation. The goal of the Building Envelope Standards is the creation of a healthy and vital public realm through good street space. The standards prescribe the ideal. The Building Envelope Standards set the basic parameters governing building construction, including the building envelope (in three dimensions) and certain required/permitted elements, such as canopies, marquees, walls and fences, balconies etc. Buildings are aligned and close to the street The street is a coherent space with consistent building forms on both sides of the street, contributing to a clear public space. Buildings oversee the street with active fronts and views directed to the street and public realm, conducive to a vital and safe public space. Retail on the ground floor helps to make the street active and interesting and impart a dynamic, vital, and safe pedestrian public space. Parking (not including on -street parking) should be away from the streets and shared by multiple owners/users. 3.30.150. Other Requirements A. Signs. All signs erected in the Hemming Pro Zone shall be mounted flat against the face of a building, marquee, or canopy and shall be in conformance with the sign provisions of Rexburg City Code. All signs shall be approved by the Planning Commission prior to the issuance of a sign permit. B. Uses Within Buildings. All uses established in the Hemming PRO zone shall be conducted entirely within a fully -enclosed building except those uses deemed by the Planning Commission to be customarily and appropriately conducted in the open, and other uses which are allowed by the Planning Commission to be conducted in the open through the granting of a conditional use permit. Uses customarily deemed to be conducted in the open may include, but would not be limited to, service stations, ice skating, miniature golf, etc. C. Landscaping. D. Canopies and Marquees. Canopies and/or marquees may be extended over public sidewalks in the Hemming Pro Zone only after a conditional use permit has been granted by the Planning Commission ..x City of Rexburg Development Code for their erection, and after a revocable license has been issued by the Rexburg City Mayor in accordance with the procedures outlined herein. Said marquees or canopies may be supported by columns or stanchions which are attached to the ground within the public right-of-way and do not extend beyond the street curb line. Canopies and marquees erected in the Hemming Pro Zone must comply with all of the following conditions: 1. A conditional use permit must fust be granted by the Planning Commission following an application submitted to the Planning Commission. Procedure for granting a conditional use permit for this purpose shall be in accordance with Rexburg City Code. 2. A license shall be obtained from the Mayor permitting such construction. Conditions deemed appropriate by said Mayor may be imposed upon the granting of a license. 3. The licensee shall agree to save and hold harmless the City on any and all damage to any property or person arising from the construction and maintenance of such canopies or marquees. Licensee shall assume and pay all costs of installation, maintenance, and removal of said canopy or marquee. 4. The licensee shall agree to pay damages and hold the City harmless from any claim that may arise through the licensee's use of public property for this purpose. 5. Said license may be revoked after ninety (90) days of written notice to the licensee, at which time all improvements must be removed from the public right-of-way at the full expense of said licensee. The City right-of-way shall be restored by the licensee at his own expense to a condition equivalent or better than that existing in the remainder of the block face, and to a condition satisfactory and acceptable to the Mayor. 6. Before a license shall be issued by the Mayor, the design of the canopy or marquee and the materials used in the construction of said canopy or marquee shall fust be reviewed by the Planning Commission in the process of granting a conditional use permit. The Planning Commission shall not grant a conditional use permit for any construction of such canopies or marquees unless the following is fully demonstrated to their satisfaction: (a) The canopy or marquee is harmonious in design and appearance with the building upon which it is being located, and with the general architectural and visual theme of the Hemming Pro Zone. (b) The canopy or marquee will be constructed of materials contained on the materials list for the Hemming Pro Zone approved by resolution of the Municipal Council. (c) The canopy or marquee will tend to improve the visual environment of the City, will not be harmful to any existing tree or landscaping element, will increase downtown property values, and will promote the objectives and characteristics of the Hemming Pro Zone as set forth herein. (d) The location of supporting columns or stanchions will not obstruct pedestrian traffic on the sidewalk, and will not materially affect existing landscaping or street furniture installations in the public right -of- way. 7. In the event that no public landscaping exists in the area adjacent to said canopy or marquee, the Planning Commission shall require the provision of a landscaped and planted area no less than four (4) feet in width and no greater than six (6) feet in width to be planted with materials as part of the granting of a conditional use permit. This planting shall be provided at least the full width of the canopy or marquee installation. ..G City of Rexburg Development Code All canopy or marquee installations will be in full conformance with the provisions of the latest edition of the Uniform Building Code as adopted by Rexburg City. 9. The provisions of this Section are not intended to any way nullify or repeal any portions of the Uniform Building Code provisions. 10. Canopies or marquees shall remain open and unencumbered on three (3) sides except for required supporting columns, stanchions, or architectural features approved by the Planning Commission. 11. In no event shall any portion of the public right-of-way be used for commercial storage, display, or other private use. 12. The construction of any canopy or marquee under the provisions of this Section shall in no way deprive the public of use of the public right-of-way. E. Trash Storage. F. Walls and Fences. 1. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within an area which would tend to inhibit a safe sight distance of traffic traveling upon a public street, or entering into the public street from a private driveway or alley. G. Transitional Development Standards. Where a nonresidential use or mixed-use in the Hemming Pro Zone borders a residential zone, the standards set forth in Rexburg City Code, shall apply. All residential development projects in the Hemming Pro Zone shall comply with the standards set forth in Section 3.15.160, Rexburg City Code. H. Sidewalk Cafes. A sidewalk cafe shall be permitted if the following requirements are met: An applicant submits scaled plans demonstrating that the cafe will conform to the following development standards: a. At least six (6) feet of clear, unobstructed sidewalk width will remain available for pedestrian use. A six-foot clearance shall be required between any portion of the cafe area and any sidewalk obstructions such as tree wells, street signs, utility poles, newspaper racks, benches, kiosks, drinking fountains and landscaped areas. b. Tables, chairs and other furnishings associated with the cafd will be located directly adjacent to the building and ground floor space in which food or drink is prepared. c. A five (5) foot setback will be maintained from the dining area to a property or lease boundary and from the intersection of the public sidewalk with a driveway, alley, street or another public sidewalk. d. If the sidewalk cafe is limited to one row of tables and chairs parallel to the building, no barriers will be erected to impede access. If a sidewalk cafe is designed to have more than one such row of tables and chairs, a non -sight obscuring removable barrier not more than three (3) feet high enclosing the tables and chairs shall be constructed. Barrier gates shall not swing into the required unobstructed sidewalk area required in subsection (a) above. e. Awnings associated with the cafd will be installed in accordance with the Uniform Building Code. Umbrellas shall not extend into the required unobstructed sidewalk area required in subsection (a) above. City of Rexburg Development Code F. Signs associated with the cafe will be installed in accordance with Rexburg City Code. g. Adequate facilities for the storage of trash and tobacco waste products generated by the cafe will be provided at a convenient location. 2. An agreement between the applicant and the City is executed and recorded that includes the following provisions: a. No alcohol will be consumed on the sidewalk. b. All tables and chairs, any barrier, and other sidewalk obstructions associated with the sidewalk cafd will be removed during the time period between one-half (114) hour after close of business to one-half ('/z) hour before opening of the business. C. Insurance will be continuously maintained to adequately co-insure Rexburg City against any liability associated with the sidewalk cafd, as reasonably determined by the City. The insurance certificate shall name the City as an "additional insured." Cancellation of such insurance shall require at least thirty (30) days prior notice to the City. d. Rexburg City, its officers, agents and employees, will be held harmless from any claims, causes of action, injuries, losses, damages, expenses, fees and costs, including attorneys' fees, associated or arising from the operation of the cafe. e. The cafe owner and operator will be responsible for repair of any damage done to the public sidewalk due to the installation or removal of furnishings, barriers or other features of the sidewalk cafe. f Hours of cafd use will be limited to not earlier than 7:00 A.M. and not later than 11:00 P.M. and will not exceed the operating hours of the associated eating or drinking establishment. g. Within the sidewalk cafe the use of sound reproduction equipment will be prohibited and live acoustic music and musical instruments will be allowed, providing sound levels are controlled so as to not disturb other businesses and are kept within legal decibel levels per City noise regulations. h. Will maintain the sidewalk cafe and surroundings will be maintained in a neat and clean condition at all times. i. The Cafd owner and operator will remove cafe improvements if necessary for sidewalk repair or replacement, utility maintenance, or upon failure to comply with the terms of the agreement. 3.30.160. Residential Standards The following standards shall apply to all residential development in the Hemming Pro Zone. Said standards shall replace and/or supplement other provisions of this zone as applied to residential land uses. In case of conflicting provisions, the most restrictive shall apply to residential uses. Mixed-use projects, where the ground floor use is non-residential (i.e., retail shops on the main floor with apartments over the top), shall be built to the commercial development standards above. Parking shall be calculated for each use individually, based on its own standard. A. Building Height. The height of a building or structure, including parking structures, shall be regulated by the requirements of the most recent edition of the Uniform Building Code adopted by Rexburg City; except that residential structures within two hundred (200) feet (measured from closest property line) of an MDRI (or lower density) zone boundary shall be no higher than thirty-five (35) feet; and residential structures more than two hundred (200) feet, but less than four hundred (400) feet .m City of Rexburg Development Code We] (measured from nearest property line) to an MDRI (or lower density) zone boundary shall be no higher than fifty-five (55) feet. Chimneys, flagpoles, towers, and similar structures not used for human occupancy are excluded in determining height. B. Distance Between Buildings. The mini -mum distance between any accessory building and a main building on a residential lot in the Hemming Pro Zone shall not be less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of the Uniform Building Code as adopted by the Rexburg City Council. C. Parking, Loading, and Access. Each dwelling unit in the Hemming Pro Zone shall have automobile parking sufficient to comply with the requirements of Rexburg City Code. Paved access for five (5) or fewer parking spaces shall have a minimum width of twelve (13) feet. Paved access for six (6) or more parking spaces shall have a minimum width of twelve (13) feet for one-way traffic, and sixteen (22) feet for two-way traffic. Required parking for residential uses shall be provided on the subject lot or parcel when possible. When not possible, required parking may be provided on a separate lot or parcel in the vicinity after the approval of a conditional use permit. I. When parking is to be located on an immediately adjacent lot or parcel, staff may process the required conditional use permit on behalf of the Planning Commission. 2. When parking is not to be located on an immediately adjacent lot or parcel, the Planning Commission shall process the required conditional use permit. D. Landscaping. Reserved E. Fencing Standards. The term "fence" shall include any tangible barrier, lattice -work, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of preventing passage or view across the fence line. Fences six feet or less in height shall not require a building permit. Fences over six feet in height must obtain a building permit from the Building Inspection Division. Any fence, wall, screen, hedge or other material serving as a fence, shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the Rexburg City traffic engineer. The following standards shall apply in all residential projects in Hemming Pro Zone: 1. Front Yard. Solid, sight obscuring walls, fences, hedges or screening materials may be built to a maximum of feet in any required front yard perimeter. Non -sight obscuring (at least _% open) walls, fences, hedges or screening materials may be built to a maximum of feet in a front yard. 2. Side Yard. Solid, sight obscuring fences or walls may be built to a maximum of feet but may slope upward to connect with a higher rear yard fence. The sloped length may not exceed one section or a maximum of feet. 3. Rear Yard. Walls and fences in a rear yard may exceed feet provided that a building permit is first obtained from the Building Inspection Division prior to construction. 4. Corner Lots. A fence not more than feet high may be constructed in a side yard adjacent to a public street on a comer lot, provided it does not extend into the clear vision area of a comer lot as defined by Rexburg City Code. 5. Entryways. Entry treatments to private driveways or subdivision development entrances may not exceed feet at the highest point, except lamps on pillars. Pillars shall be allowed to extend up to inches above the allowable height of a fence provided that the pillars shall have a minimum spacing of no less than feet, measured face to face. 12 City of Rexburg Development Code F.I 6. Grade Differences. Where there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured from the natural grade of the property upon which it is located. 7. Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. S. Privacy Walls. Privacy walls which project into a required front yard will be subject to staff review. 9. Double Frontage Lots. A fence or wall may be erected in the rear yard of a double frontage lot subject to staff review. 10. Exceotions. The provisions of this Section shall not apply to certain other fences such as tennis court backstops or patio enclosures as approved by the Zoning Administrator, if it is determined that such do not create a hazard or violation of other sections of the Rexburg City Code or other City ordinances. All other exceptions must obtain Planning Commission approval. 3.30.170. Architectural Design Standards A. Introduction. Developments in the Hemming Pro Zone should implement projects with an overall community design in mind and in conformance with the downtown blueprint hereby adopted. The need exists for Design Standards to be in place to ensure developments are coordinated into the overall community presentation and to preserve the integrity of the existing business district and the downtown as the "center" of the community. B. Background and Justification. The basis for all development within our Community is set forth in the Development Code, Subdivision Regulations, and the Comprehensive Plan. The Development Code for the City of Rexburg states that the purpose of the Ordinance is to promote the general welfare by establishing and regulating zoning districts. The purpose of these standards is to augment the existing criteria contained in the Hemming Pro Zone and those contained in the Development Code and Subdivision Ordinance, with more specific interpretations that apply to the design commercial developments in the Hemming Pro Zone. These standards require a basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of negative impacts. 1. Guiding Hemming Pro Zone principals. The City of Rexburg values the historical sense of place that the downtown has provided for over a hundred years. The Hemming Pro Zone will incorporate many of the principals which have guided the downtown. Repent .. ,,:e- a-Ve identified seNvFal guiding . _a - that will guide the e eaminuatian of the d......rown ,,.._,. ,,..,._ the next ti ..a_ea yea_... These principals are as follows: a. The Hemming Pro Zone is a Pedestrian -Priority Area. b. The Hemming Pro Zone is Highly Attractive to Visitors. c. The Hemming Pro Zone is a Mixed -Use Center which includes Retail, Office, Residential, Entertainment, Culture and Educational facilities. d. The Hemming Pro Zone is Highly connected to the City, Region and to BYU-Idaho. 13 City of Rexburg Development Code a. n ............... as guided by publie private Paft eFShi.... Including ing A....nc ies f. Circulation System Manages "Through" & "To" Traffic Strategically. g.The Hemming Pro Zone Way -finding &Parking Systems are User Friendly i. The Hemming Pro Zone is a great Place to Work, Visit, Shop, Learn & Live. WM 2. The Hemming Pro Zone Development Framework. The Development Framework that has been identified and within hick the community will .Fsue a _OVit lization wt ....._:. is as follows. a. Define and Focus Development on Target Markets. b. Emphasize Mixed -Use Development with Ground Floor Retail. c. Build a Sound Parking System for Employees, Customers, Visitors & Residents. d. Build a Pedestrian & Cycling Pathway Network Linking Key Community Nodes. e. Undertake Infill, Adaptive Re -Use & Historic Preservation. Implement Urban Renewal Program. f Install Small Business Amenities & services to Draw this Market. g. Connect to Community & Region with Wayfmding, Gateways, Parking, Amenities & Marketing. h. Recruit Social Retailers to Reconnect with Major Regional Markets. C. Development Review Committee and Design Review Board Procedures. The following standards are intended for use as a design aid by developers proposing developments in the Hemming Pro Zone and as an evaluation tool by the city staff and the Planning Commission in their review processes. These standards shall apply to all projects, which are processed according to the criteria for proposed development plans and to all projects for commercial establishments located in the Hemming Pro Zone. These standards are to be used in conjunction with the Subdivision Ordinance and other City Development Regulations. 1. Purpose. The Development Review Committee and the Design Review Board are established to coordinate, expedite and assure fair and equitable implementation of this title. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values, and to cavy out the purposes of this title. All bodies authorized under this chapter may call upon any City staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility. a. Development Review Committee. The Development Review Committee is established to 14 City of Rexburg Development Code O evaluate all proposals subject to the provisions of this title. The Development Review Committee is the body charged with reviewing items relating to public health and safety. (t) The Development Review Committee shall act as an advisory body to the Planning and Zoning Commission for site plans when no variance or deviation is requested. (2) The Development Review Committee shall act as an advisory body to the City Planning and Zoning Commission for larger and more complex proposals including conditional use permits, planned unit developments, all site plans involving variances or deviations, divisions of land, zone map amendments, annexations and other actions as requested by the Planning and Zoning Commission or the City Council. b. Design Review Board. The Design Review Board is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the City Council, subject to the provisions of this title. (1) The Design Review Board shall act as an advisory body to the Planning and Zoning Commission for site plans within zoning districts meeting one or more of the thresholds of subsection A.2.e of this section when no variance or deviation is requested. (2) The Design Review Board shall act as an advisory body to the City Planning and Zoning Commission regarding: (a) Site plans within zoning districts meeting one or more of the thresholds of subsection A.2.e of this section when variances or deviations are requested. (b) Conditional use permits located within overlay districts, but excluding conditional use permits for the purpose of accessory dwelling units and conditional use permits which do not create additional building area. (c) Planned unit developments. (d) Review of applications for Large Scale Retail (3) The Design Review Board shall apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas. (4) The Design Review Board shall review applicable development proposal applications for zoning text amendments, or applications for moving, demolition or any other kind of permit that may affect properties located within design corridors. (5) Design Review Board Site Plan Review Thresholds. (a) Twenty or more dwelling units in a multiple household structure or structures; (b) Ten thousand (10,000) or more square feet of office space, retail commercial space, service commercial space or industrial space; (c) More than two buildings on one site for permitted office uses, permitted retail commercial uses, permitted service commercial uses, permitted industrial uses or permitted combinations of uses; (d) Twenty thousand or more square feet of exterior storage of materials or goods; or 15 City of Rexburg Development Code (e) Parking for more than forty vehicles. ffe 2. Development Review Committee (DRC) Procedures Established — City and Emergency Staff. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by representatives of each of the City departments charged with development review. Each department shall have the ability and authority to require the Development Review Committee to make a recommendation of denial when in their view the project cannot meet the requirements and review criteria of this title and acceptable conditions do not exist to cure the identified failings of the project. Written meeting reviews, in the form of staff reports or summary reviews, shall be made setting forth the Development Review Committee's recommendation to the Planning Director or City Commission and reasons for requiring such conditions as may be deemed necessary by the Development Review Committee. Each of the Development Review Committee Members will input their reviews and comments into the City Permitting System following the project review meeting. These records shall be preserved as part of the official file for each development proposal. Lastly, the Development Review Committee shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. The Development Review Committee shall at a minimum be composed of the following personnel: City Engineer or designee, Fire Marshal or designee, the Public Works Director, the Water/Sewer Superintendent or designee, the Planning Director or designee and the Building Official or designee. a. When necessary, other members of the committee may be included at the Planning Director's or other Development Review Committee Members request. b. When applicable, the Development Review Committee may solicit the input of non -City agencies and persons including, but not limited to, the county subdivision review officer or designee, the County Sanitarian or designee, the County Road Superintendent or designee, and state or federal agencies, with other individuals to be included as necessary. 3. Design Review Board Procedures Established. (DRB) - (Sub -Committee of P & Z Commission). To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by members of the Design Review Board. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the Design Review Board shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the City Council, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. a. The Design Review Board shall consist of four (4) members of the Planning and Zoning Commission. Other professionals may be added to the committee at the request of the Chairman of the Planning and Zoning Commission. Members should be individuals with an interest in, or knowledge of, urban design or historic preservation. 0 City of Rexburg Development Code ..N Members of the Design Review Board may serve concurrently as members of the Planning and Zoning Commission. A quorum of the Design Review Board shall be three voting members. b. The Planning and Zoning Commission may appoint a qualified member to this commission who resides in the City area of Impact who works, owns property or owns a business within the City. 4. Waiver of Design Review. In the event that neither the Design Review Board nor the Design Review Committee staff as established in this chapter are unable to complete a quorum or have the necessary personnel to conduct the reviews otherwise required by this title, the requirement for review by the Design Review Board or Development Review Committee is waived. Nothing in this section shall constitute a waiver of the required review criteria established. D. General Procedures, Notice and Timing. Informal Advice and Direction. A person or organization considering any construction, building or site alteration, rezoning or other development activity, may approach the Development Review Committee or Design Review Board for informal advice and direction. Such discussion shall be treated as advisory by both parties and shall record only the fact that contact had been made. An informal review by the Development Review Committee and/or Design Review Board may be requested by submitting a completed application form provided by the Planning Director along with any schematic development plans or written narrative at least one week prior to the next regularly Development Review Committee and/or Design Review Board meeting. The initial informal review by an applicant or owner for a specific parcel shall be conducted without a fee. A fee, set in accordance with the fee resolution adopted by the City Council, shall be charged for a second or subsequent informal review requested by the same applicant and/or owner for the same real property as a prior informal review. No application is required for informal review or advice by the Development Review Committee staff. 2. Formal Application. An application for Development Review Committee, Design Review Board and/or consideration of a development proposal must be submitted utilizing a form available from the Planning Director. Material to be submitted with the application shall include the elements set forth within the requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional use permit, certificate of appropriateness, planned unit development, divisions of land, etc. as outlined in this title. It is recommended that the applicant discuss the application informally with the Development Review Committee or Design Review Board prior to formal submission to help expedite the process. Depending upon the size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the City for processing. 3. Public Notice. Public notice for any proposal before the Development Review Committee or Design Review Board that requires such notice shall be provided in accordance with Rexburg Municipal Code. 4. Development Review Committee or Design Review Board Action. By no later than thirty (30) working days from the date of the first regularly scheduled Development Review Committee and/or Design Review Board meeting, at which the applicants' proposal was initially reviewed, the Development Review Committee, or Design Review Board shall take action to recommend approval, approval with conditions, table pending submission of revised or additional materials or recommend denial of the applicant's proposal, unless the applicant grants a written extension to the review period. Irl City of Rexburg Development Code Architectural Standards ..e The Architectural Standards for the Hemming Pro Zone favor an aesthetic that is traditional and reflective of Rexburg's heritage and environment. They specify an architectural language of quality, durability, and endurance. The intent behind these standards is to utilize a discipline of form in the design in order to foster a coherent aesthetic. Exterior building materials should express the construction techniques and structural constraints of traditional, long lasting building materials. Simple configurations and solid craftsmanship are favored over complexity and ostentation in building form and articulation of details. Roofs and parapets should demonstrate a commonsense recognition of the climate by utilizing appropriate pitch, drainage, and materials in order to provide visual coherence to the Hemming Pro Zone. Green building technologies should be used to the maximum extent possible. Where possible, indigenous building materials that reflect the architectural past of Rexburg are to be used. South facing bay windows and glass skylights are to be incorporated to maximize natural light illumination. harrower buildings are encouraged to foster through ventilation of interior spaces. The design of root' heights and slopes shall not create a canyon effect in the street nor create a perpetual shadow in winter on adjacent buildings. LEED (Leadership in Energy and Environmental Design) standards, or an equivalent standard, should be incorporated into the building design including the submission of a LEED scorecard in the administrative review process. E. Architectural Design Standards. The Hemming Pro Zone is intended to support the city's goals through elements of design and appropriate mixed-use development. This chapter provides standards for the orderly improvement (and expansion] design of the Hemming Project based on the following principals: l8 City of Rexburg Development Code Efficient use of land and urban services; 'B• A mixture of land uses to encourage walking as an alternative to driving, and provide more employment and housing options; Both formal and informal community gathering places; There is a distinct storefront character which identifies the Hemming Project; The Hemming Pro Zone is connected to Downtown, the University, and neighborhoods; and -other employment 'areasi Provide visitor accommodations and tourism amenities; Transit -oriented development reduces reliance on the automobile and reduces parking needs in the Hemming Pro Zone; (Downtown/along Main S'-ee" Design standards / guidelines maintain and enhance the City's historic architecture; 1. Block Layout and Building Orientation. This section is intended to promote the walkable, storefront character of the Hemming Pro Zone by orienting (placing or locating) buildings close to streets. Placing buildings close to the street also slows traffic down and provides more "eyes on the street", increasing the safety of public spaces. a. Applicability. This Section applies to new Land Divisions and all of the following types of development (i.e., subject to Site Design Review): (1) Three or more single-family attached townhomes on their own lots (i.e., townhomes subject to Site Design Review); (2) Duplex and tri-plex developments with more than one building (i.e., duplex and tri-plex developments subject to Site Design Review); (3) Multi -family housing; (4) Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and (5) Commercial and mixed-use buildings subject to site design review. Gomplianee with n F M previsions .. f subseetie s B d....,,..6 c Leh... shall be .equifed. t9 City of Rexburg Development Code Figure IB -2 —Hemming Pro Zone block b. Hemming Pro Zone block Development. Commercial and mixed-use developments may exceed the block width and depth standards in `B', above, when the total floor area of those developments (i.e., one or more buildings on one or more lots) exceeds [ square feet on the ground floor. These "superblock developments" shall conform to all of the standards in l-2 below (See figure): (1) Create a "shopping street". Each development has at least one street or drive designed with the basic elements of a good pedestrian -oriented shopping street: buildings oriented (placed) close to both sides of a "main street", which may be public or private; on -street parking; wide sidewalks (e.g., 8-12 feet typical), street trees; pedestrian -scale lighting and other similar enhancements. Wye] (2) Provide usable pedestrian space. Pedestrian space means a plaza or extra -wide pathway/sidewalk near one or more building entrances. Each development provides street trees or planters, space for outdoor seating, canopies or awnings, and on -street parking (in selected areas) drives. 20 City of Rexburg Development Code [stain Entry!Stomlroris Oderted le Str"11 tardscap� Screening kr SLriaca Parking Parking to Front or Rea - Figure IC -1 - Building Orientation (Typical) a1' c. Building Orientation Standard. All of the developments listed in Section A shall be oriented to a street. The building orientation standard is met when all of the following criteria are met: (l) The minimum and maximum setback standards are met. (2) Buildings have their primary entrance(s) oriented to (facing) the street. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance facing a side yard when a direct pedestrian walkway not exceeding [10-20] feet in length is provided between the building entrance and the street right-of-way. d. Variances. The standards of this Section shall not be changed through a standard Variance Procedure. The standard may be varied to address topographic or other physical constraints, or when the City Council approves a recommendation for variance forwarded from the Design Review Committee. 2. Building Height. All buildings in the Hemming Pro Zone shall comply with the following building height standards. The standards are intended to allow for development of appropriately - scaled buildings with a storefront character: 21 City of Rexburg Development Code �.nenhJ W °,creel q::esa W P: W Rte, rv: 4„q hu Re�aenotl iAe Aypil_yLle, e:rlm: Is�IecE.r.c � A:a'• •: I:uw n.'.1Gn Figure 2-1 - Building Height Diagram (Credit for Housing) a. Maximum Height. Buildings shall be no more than 3 stories or 50 feet in height, whichever is greater. The maximum height may be increased by [10] feet when housing is provided above the ground floor ("vertical mixed-use"), as shown above. The building height increase for housing shall apply only to that portion of the building that contains housing. b. Method of Measurement. "Building height" is measured as the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (1) The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than [ l0] feet above the lowest grade; (2) An elevation [10] feet higher than the lowest grade when the sidewalk or ground surface described in subsection 'a' is more than [ l0] feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Not included in the maximum height are: chimneys, bell towers, steeples, roof equipment, flag poles, and similar features which are not for human occupancy. 3. Specific Architectural Guidelines. a. Purpose and Applicability. The Hemming Pro Zone architectural guidelines or standards are intended to provide detailed, human -scale design, while affording flexibility to use a variety of building styles. This section applies to all of the following types of buildings: (1) Three or more single-family attached townhomes on their own lots (i.e., townhomes subject to Site Design Review). Will 19 City of Rexburg Development Code ..R (2) Duplex and tri-plex developments with more than one building (i.e., duplex and tri-plex developments subject to Site Design Review). (3) Multi -family housing. (l) Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses). (5) Commercial and mixed-use buildings subject to site design review. b. Guidelines and Standards. Each of the following standards shall be met. An architectural feature used to comply with one standard may be used to comply with another standard. Figure 3-1— Hemming Pro Zone Building Design Elements (Typical) (1) Detailed Storefront Design. All buildings shall contribute to the storefront character and visual relatedness of the Hemming Pro Zone buildings. This criterion is met by providing all of the architectural features listed in a -e, below, along the front building elevation (i.e., facing the street), as applicable. [Note: the example shown above is meant to illustrate required building design elements, and should not be interpreted as a required architectural style.] Corner buildings will be subject to application of the standards to both street facing elevations unless an approved landscape buffer is applied. 23 City of Rexburg Development Code .E (a) Corner building entrances on corner lots. Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incorporates other detailing to reduce the angular appearance of the building at the street comer. (b) Regularly spaced and similar -shaped windows with window hoods or trim (all building stories). (c) Large display windows on the ground -floor (non-residential uses only). Display windows shall be framed by bulkheads, piers ground floor &em seeend stE)f3,, as shown above) - (4) Deearative eemiee at top of building (flat F@Ot)j OF eaVeS PFON'idOd with pituhLd Foof4 C;oFnfneJ Figure 3-2 - Design of Large -Scale Buildings and Developments (Typical) (2) Design of Large -Scale Buildings and Developments. The standards in subsection "c", below, shall apply to "Large -Scale Buildings and Developments", as defined in a -b: (a) Buildings with greater than (25,000) square feet of enclosed ground -floor space (i.e., "large-scale"). Multi -tenant buildings shall be counted as the sum of all tenant spaces within the same building shell. (b) Multiple -building developments with a combined ground -floor space (enclosed) greater than (40,000) square feet (e.g., shopping centers, public/institutional campuses, and similar developments). 24 City of Rexburg Development Code O (c) .All large-scale buildings and developments, as defined in a -b, shall provide human - scale design by conforming to all of the following criteria: Incorporate changes in building direction (i.e., articulation), and divide large masses into varying heights and sizes, as shown above. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees; small-scale lighting (e.g., wall - mounted lighting, or up -lighting); and similar features. (Note: the example shown above is meant to illustrate examples of these building design elements, and should not be interpreted as a required architectural style.) 2. Every building elevation adjacent to a street with a horizontal dimension of more than [100] feet, as measured from end -wall to end -wall, shall have a building entrance; except that building elevations that are unable to provide an entrance due to the internal function of the building space (e.g., mechanical equipment, areas where the public or employees are not received, etc.) may not be required to meet this standard. Pathways shall connect all entrances to the street right-of-way, in conformance with requirements for Access and Circulation. 25 City of Rexburg Development Code PRO Streetscape Standards The Streetscape Standards are intended to further insure the coherence of the aesthetic for the }lemming Pro Zone. These standards also establish an environment that encourages and facilitates pedestrian activity. Native trees and plants contribute to privacy, noise reduction, maintenance of the natural habitat, and conservation of water. The Streetscape is key to the livability, vitality and identity of the Hemming Pro Zone. Streetscape elements, such as pavers, benches and other outdoor seating, amenities for transit passengers, pedestrian scale street lights, bike racks and waste -bins must be consistent throughout the Hemming Pro Zone. Street trees are part of an overall Streetscape plan designed to give special character and coherence. The desired aesthetic shall he achieved through the use of native/proven, hardy, adaptive species where reasonable. J. Pedestrian (and Transit) Amenities. a. Purpose and Applicability. This section is intended to complement the building orientation standards above, as well as the street standards by providing comfortable and inviting pedestrian spaces within the Hemming Pro Zone. Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment of the Hemming Pro Zone and contribute to a walkable district. This section applies to all of the following types of buildings: (l) Three or more single-family attached townhomes on their own lots (i.e., townhomes subject to Site Design Review). (2) Duplex and tri-plex developments with more than one building (i.e., duplex and tri-plex developments subject to Site Design Review); 26 City of Rexburg Development Code (3) Multi -family housing; ..E (4) Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and (5) Commercial and mixed-use buildings subject to site design review. Figure 4-1 - Pedestrian [and Transits Amenities (Typical) Jiogogal street pa6mlu W de Siderwak awtcci ::r fRolg Cr Soni Eltranre D spiny b. Guidelines and Standards. Every development shall provide [two] or more of the "pedestrian amenities" listed in l- 5 below, and illustrated above. [Note: the example shown above is meant to illustrate examples of pedestrian amenities. Other types of amenities and designs may be used.] Pedestrian amenities may be provided within a public right-of-way when approved by the applicable jurisdiction. (l) A plaza, courtyard, square or extra -wide sidewalk next to the building entrance (minimum width of 8 feet). (2) Sitting space (i.e., dining area, benches or ledges between the building entrance and sidewalk (minimum of 16 inches in height and 30 inches in width). (3) Building canopy, awning, pergola, or similar weather protection (minimum projection of 4 feet over a sidewalk or other pedestrian space). (4) Public art which incorporates seating (e.g., fountain, sculpture, etc.). (5) Transit amenity, such as bus shelter or pullout, in accordance with the City's Transportation Plan and guidelines established by the (name of transit district). 27 City of Rexburg Development Code e 5. Special Standards for Certain Uses. This section supplements the standards contained above. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the Residential District: - Residential Uses - Bed and Breakfast Inns and Vacation - Rentals - Public and Institutional Uses - Accessory Uses and Structures - Automobile -Oriented Uses and Facilities - Outdoor Storage and Display - Light Manufacture a. Residential Uses. Higher density residential uses, such as multi -family buildings and attached townhomes, are permitted to encourage housing near employment, shopping and services. All residential developments shall comply with the standards in 1-6, below, which are intended to require mixed-use development; conserve the community's supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas. Residential uses which existed prior to the effective date of this code are exempt from this Section. Figure 5A-1 - Mixed -Use Development in the Hemming Pro Zone (Will develop new illustration/diagram) (1) Mixed -Use Development Required. Residential uses shall be permitted only when part of a mixed-use development (residential with commercial or public/institutional use). Both "vertical" mixed-use (housing above the ground floor), and "horizontal" mixed-use (housing on the ground floor) developments are allowed, subject to the standards in 2-5. (2) Limitation on street -level housing. No more than [50] percent of a single street frontage may be occupied by residential uses. This standard is intended to reserve storefront space for commercial uses and public/institutional uses; it does not limit residential uses above the street level on upper stories, or behind street -level storefronts. For parcels with street access at more than one level (e.g., sloping sites with two street frontages), the limitation on residential building space shall apply to all street frontages. (3) Density. There is no minimum or maximum residential density standard. Density shall be controlled by the applicable lot coverage, [floor area] and building height standards. (4) Parking, Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas located behind or to the side of the building; except that side -yards facing a street (i.e., corner yards) shall not be used for surface 28 City of Rexburg Development Code ..0 parking. All garage entrances facing a street (e.g,, underground or structured parking) shall be recessed behind the front building elevation by a minimum of [4-6] feet. On comer lots, garage entrances shall be oriented to a side -street (i.e., away from (name of 'Main Street")) when access cannot be provided from an alley. (5) Common Areas. All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained by a homeowners association or other legal entity. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval. b. Bed and Breakfast Inns and Vacation Rentals. (Reserved) Public and Institutional Uses. Public and institutional uses are allowed in the Rexburg Downtown District, except that automobile -oriented uses shall comply with the standards in "E". below. d. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the Hemming Pro Zone include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the Hemming Pro Zone. Accessory structures shall comply with the following standards: (1) Primary use required. An accessory structure shall not be allowed before or without a primary use. (2) Setback standards. Accessory structures shall comply with the setback standards required by the building code. (3) Design guidelines. Accessory structures shall comply with the Hemming Pro Zone design guidelines. (4) Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way. (5) Compliance with subdivision standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards. e. Automobile -Oriented Uses and Facilities. Automobile -oriented uses and facilities, as defined below, shall conform to all of the following standards in Hemming Pro Zone. The standards are intended to provide a vibrant storefront character, slow traffic down, and encourage walking. (1) Parking Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be accessed from alleys, placed underground, placed in structures above the ground floor, or located in parking areas located behind or to the side of a building; except that side -yards on corner lots shall not be used for surface parking. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front elevation by a minimum of [4] feet. On comer lots, garage entrances shall be oriented to a side -street (i.e., away from Main Street' when vehicle access cannot be provided from an alley. Individual surface parking lots shall not exceed a total one-half city block; larger parking areas shall be in multiple story garages. 29 City of Rexburg Development Code .m (2) Automobile -Oriented Uses. "Automobile -oriented use" means automobiles and/or other motor vehicles are an integral part of the use. These uses are restricted because, when unrestricted, they detract from the pedestrian -friendly, storefront character of the district and can consume large amounts of land relative to other permitted uses. Automobile - oriented uses shall comply with the following standards: (a) Vehicle repair, sales, rental, storage, service. Businesses that repair, sell, rent, store, or service automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, and similar vehicles and equipment are prohibited unless the use is contained within an enclosed building. (b) Drive -up, drive-in, and drive-through facilities. Drive -up, drive-in, and drive- through facilities (e.g., associated with restaurants, banks, car washes, and similar uses) are permitted only when accessory to a primary commercial "walk-in" use, and shall conform to all of the following standards: 1. The facility receives access from an alley or driveway, and not a street. 2. None of the drive -up, drive-in or drive-through facilities (e.g., driveway queuing areas, windows, teller machines, service windows, drop -boxes, and similar facilities) are located within 20 feet of a street and shall not be oriented to a street comer. (Walk-up only teller machines and kiosks may be oriented to a corner). 3. The facility is subordinate to a primary permitted use. "Subordinate" means all components of the facility, in total, occupy less street frontage than the primary commercial or public/institutional building. 4. No more than one drive -up, drive-in, or drive-through facility shall be permitted on one block, or for a distance of 300 linear feet along the same street frontage, whichever is less. Sidewalk Displays. Sidewalk display of merchandise and vendors shall be limited to cards, plants, gardening/floral products, food, books, newspapers, bicycles, and similar small items for sale or rental to pedestrians (i.e., non -automobile oriented). A minimum clearance of [6] feet shall be maintained. Display of larger items, such as automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar vehicles and equipment, is prohibited. g. Light Manufacture. Certain light manufacture uses are allowed in the Hemming Pro Zone. "Light manufacture" means production or manufacturing of small-scale goods, such as crafts, electronic equipment, bakery products, printing and binderies, furniture, and similar goods. Light manufacture uses shall conform to all of the following standards which are intended to protect the pedestrian -friendly, storefront character of the Hemming Pro Zone. (l) Retail or Service Use Required. Light manufacture is allowed only when it is in conjunction with a permitted retail or service use [and does not exceed 50 percent of the gross floor area]. (2) Location. The light manufacture use shall be enclosed within a building, or shall be located within a rear yard not adjacent to a street. 30 City of Rexburg Development Code 3.30.180. Commercial Lighting Standards Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. WO 31