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HomeMy WebLinkAboutMixed Use - MuniCode Draft changes 2.9.2021Page 1 C ITY OF R EX BUR G ORD IN A N C E 1253 N OW THER EFORE , be it ordained by the C ouncil of C ity of R exburg, in the State of Idaho, as follows: SECTION 1: A MEND MEN T “5.01.010 Purpose And Objectives” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 5.01.010 Purpose And Objectives It is the purpose and intent of the Mixed U se (MU ) zone to allow flexibility w here a variety of housing types may exist among neighborhood-serving commercial and institutional uses. A commercial element requires a minimum of one-thousand (1,000) square feet or 10% of grade- level footprint, w hichever is greater. Mixed use projects are encouraged, but stand–alone residential development is allow ed. H igher residential densities are allow ed with the highest requiring a mixed use component. A.PE D . For land that is zoned MU , and is located w ithin the Pedestrian Emphasis D istrict (PED): less parking and higher density for residential units are allow ed as per the definition of the Pedestrian Emphasis District found in section 9.1. B.MU is not allow ed as a zone in any property facing Main Street Betw een the 2nd West and 2nd East must have 100% commercial at grade level. SECTION 2: A MEND MEN T “5.01.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.020 Permitted Uses In the mixed-use (MU ) zone, residential, commercial, and institutional uses may occupy the same building and lot. The follow ing principal uses and structures indicated as “P”, and no others, shall be permitted in the MU zone. The follow ing uses and structures indicated as “CUP” may be permitted in the MU zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. MIX ED U SE Accessory Building (N on-living quarters)P Page 2 A ccessory Accessory Sw imming Pool P R esidential Townhomes (first floor 2’ above grade w hen adjacent to right-of- way) CUP Twin H ome CUP Group Housing Apartments P Bed and Breakfast Inn/Short Term R ental (See subsection 3.02.160.)P Boarding H ouses (See subsection 3.02.160.)P Dormitory, Fraternity, Sorority (max. 6 persons/unit) CUP Hotels, Motels and Membership Lodging P Membership Lodging P Multi-Family Residences P Religious Quarters P Short-Term R ental (See subsection 3.02.160.)P C are Facilities Behavior, Drug & A lcohol Treatment CUP Day Care Centers (7 or more children, 3 or more times a week)P Group H ome (D isabled & Elderly; under 8 residents)P Hospitals, O peration Centers, O ut-Patient Medical CUP Sanitariums, Cconvalescent and& Rrest H homes CUP Place of Worship Churches, Synagogues, Missions and& Temples P Other Religious Activities & Religious Quarters P Religious Reading Rooms P Schools, public or private Dancinge Schools & Studios P Nursery Schools (6 or less children, 3 or more times a w eek)P Schools (K -12)CUP Technical Schools CUP Indoor R ecreation Athletic Cclubs, Bbody Bbuilding Sstudios, Aaerobic Ccenters & Ggymnasiums, etc.P Commercial Pools CUP Page 3 Spas P Tennis Courts CUP Entertainment Cultural A ctivities P Amusement Arcades, B illiards & Pool H all, Bow ling A lleys, Miniature Golf CUP Dance H alls, Ballroom P Indoor D riving Ranges CUP Libraries P Museums & Art Galleries P Food R etail Bakeries & D oughnut Shops P Candy, nNut & cC onfectionery & Related Products P Dairy Products CUP Eating Places; rRestaurants* (N o drive-through)P Eating Places; (Drive-through)CUP Fruits & Vegetables P Food stores P Grocery Stores CUP Fruits & Vegetables P Meats & Fish CUP Miscellaneous retail foodSpecialty Food Stores (Meat, dairy, etc.)CUP Manufacturing Small Generation - Apparel and AccessoriesA ntiques (N o outside display)P Apparel & A ccessories P Beauty & Barber Supply, Perfumes, Cosmetics, Hair Care & Other Toiletries P Books, sStationary, aA rt and& hH obby sSupplies P Building & Construction Supplies Retail (No outside storage)P Department Stores (junior and major chains)P Discount D epartment P Direct Selling O rganization P Page 4 R etail Pharmacy & Proprietary Stores P Dry G oods and general merchandise CUP Electrical Supplies CUP Electronic & Small O ffice Machines P Florists P Furniture, hHome fFurnishings & eEquipment (nN o combined warehousing)P Garden Supplies (inside building only)(Nursery stock, equipment, tools, greenhouse, yard art, etc.) CUP Gas Service Stations CUP General Merchandise (Department, Discount, Variety, etc)P Hardware P Heating & Plumbing Equipment (N o outside storage)CUP Ice D ealers (automated machines or pick-up stations only)P Janitorial Supplies CUP Jew elry, Watches & Clocks P Merchandise vV ending mMachine oO perators P Miscellaneous retail stores P Miscellaneous retail trade CUP Musical Instruments P Optical Goods, Instruments & Lenses P Paint, Glass & Wallpaper CUP Photographic Supplies & Equipment P Professional, Scientific Equipment & Supplies CUP Retail TradeStores (Florist, pet stores, etc.)P Shopping Centers (uses listed here; mMore than 5 acres, less than 10 acres)CUP Sporting Goods, B icycles, and Toys (Include guns, fishing, ammo, camping gear, skis, etc.) P Surplus stores P Swimming Pool Supplies CUP Page 5 Thrift Store, Second H and Clothing, Shoes, Furniture, Books (A ll indoors; no outdoor collection) P Variety stores P Services Beauty & Barber shopsA ccounting, A uditing, Bookkeeping Services & Management P Advertising Services P Animal G rooming CUP Auto Washing, Polishing, D etailing CUP Banks, Finance, Investment, Insurance & Real Estate O ffices P Beauty & Barber Shops P Building MaintenanceC ontractor O ffices (N o outside store)CUP Call Centers CUP Clubs & Service O rganizations (Civil, social and fraternal)P Computer Programming, Training, Repair, Consultants and Program Softw are - Custom P Consumer Credit Services or Collection P Crematory P DrugPharmacy & Proprietary Stores P EducationalEmployment Services P Engineering, A rchitectural & Planning P Executive, lLegislative & jJudicial P Funeral parlor (mortuary)P Gunsmiths P Household Good Warehousing & Storage CUP Janitorial O ffice (D welling & business cleaning)CUP Laundry & Dry Cleaning, Pressing, A lteration & Garment Repair P Libraries P Locksmiths & kK ey sShops P Miscellaneous Service Organizations (Clubs & Service Organizations)P New s Syndicate Services O ffices P Page 6 Personal ServicesPhotocopying, Mailing, Blueprint & Stenographic P Photographic Services & Studios P Physicians & D ental O ffices & Services P Postal Services P Printing/Publishing (Including newspapers)CUP Professional Services Office P Second hand clothing, shoes, furniture & books (no flea markets or thrift stores; all indoors; no outdoor collection boxes)CUP Prescription Pharmacy for permitted establishments (no separate entrance; no more than 15% of total floor area of building in w hich it is located) P Pressing, alteration and garment repair (no on-site dry cleaning)P Protective functions & related activities P Reception C enter P Rental Supplies (Indoor only)P Repair & Service, Electrical A ppliance P Repair, Reupholstering & fFurniture & Reupholstering P Repair, Gunsmiths CUP Repair, Jew elry, Watch, Clock P Repair, Shoe, Hat, Seamstress, etc.P SpasTravel Agencies P Veterinarian Services (Small animal indoor only)**CUP Video Rental ShopsWedding Chapels & Reception C enters P Welfare & C haritable Services CUP Advertising services P Banks, Insurance & Real Estate O ffices P Business (office & retail sales only)P Call Centers CUP Contract Construction Services Office & R etail CUP Duplicating, Stenographic and O ffice Services P Employment Services P Page 7 Office Electrical U tility Company O ffice P Gas U tility Company O ffice P Irrigation U tility Company O ffice P Janitorial O ffice (D welling & business cleaning)P Mail & Phone O rder H ouses P Miscellaneous Business Services O ffice P New s Syndicate Services O ffice P Police Protection & Related A ctivities O ffice P Professional Service Providers (except behavior, drug, and alcohol treatment)P Refuse Disposal Company O ffice P Travel A gencies P Water Utility C ompany O ffice P Transportation Automobile Parking Lots and G arages (nN o impound or long-term storage)CUP Bus tTransportation (nN o garaging & equipment maintenance)P Motor vV ehicle tTransportation P Separate Parking LotsRailroad, Rapid Transit (Public & private)CUP U tilities Communications (Including radio, television stations & broadcasting towers) CUP Debris Basin CUP Electricity R egulating Substations CUP Gas Pressure Control Stations CUP Irrigation D istribution C hannels P Right-of-way (cC ombo utilities, electric, gas pipeline, sewage pipeline, storm drain and& w ater pipeline)P Utility and Public Facilities, G as, N EC CUP Sewage Pumping Stations P Utility C ompany O ffice P Water Pressure Control Stations & Pumping Plants P Sewage Pumping Stations P Page 8 Spreading G rounds CUP Water Storage as part of a utility system CUP *Eating Places (restaurants) conditions 1. Shall be architecturally compatible with surrounding buildings. 2. No short order, fast food or drive-in 3. Signs, landscaping, number of employees and distance from existing commercial zones shall be considered in the review for the CU P. 4. Located w ithin air-conditioned, sound-proofed building. **Veterinarian conditions 1. Experimental or scientific research activities are prohibited. 2. N o on-site disposal of dead animals. 3. A nimal noise shall not be audible at the nearest property line. 4. Overnight boarding shall be limited to animals receiving treatment on the premises. 5. Services shall be limited to small animals only. 6. No services shall be permitted for poisonous or dangerous animals. A.Permitted Accessory Uses & B uildings. (See subsection 3.02.070.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A ccessory buildings shall maintain architecturally similar material and colors w ith the main building. SECTION 3: A MEND MEN T “5.01.080 Density” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.080 Density MU projects are encouraged but not required to have residential, commercial, or institutional mixture (including other uses as approved by the Zoning A dministrator). A.Housing unit density of up to thirty (30) units per acre is permitted. B.Commercial or Institutional Use. Projects shall be allow ed an additional residential unit for each one-half (1/2) percent of commercial or institutional use up to 40 units per acre. C.Parking Structures. O ne additional residential unit per two (2) parking spaces provided in a parking structure may be added above and beyond the maximum density. For dormitory/congregate residential, an additional individual may be added above and beyond the maximum density for each parking space provided in a parking structure. D.PE D . For land that is located w ithin the PED D istrict (see m ap in section 9.1), the dwelling unit density shall be allow ed to be increased as per Planning and Zoning Commission findings during the required CU P. E.The use will be monitored by the Community D evelopment Compliance O fficer. Page 9 SECTION 4: A MEND MEN T “5.01.090 Yard R equirement” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.090 Yard R equirement (See subsection 3.02.080.) The following minimum yard requirements shall apply in the MU zone: A.Front Yard. The minimum front yard setback can be zero to ten (0’-10’) feet from right-of-w ay if the follow ing requirements are as follow eds: 1.C ommercial. Commercial element can be zero (0') from right-of-way unless otherw ise restricted. 2.R esidential. Residential element is a minimum five (5') feet from right-of-w ay provided the minimum amount of commercial is included in the overall project. 3.Sidew alk. A minimum eight (8’) feet w ide sidewalk is required parallel to any city street. 4.Landscaping. a.Street trees and other landscape amenities are required and include as a minimum the use of tw o (2”) inch caliper deciduous trees at a maximum of twenty (20’) feet spacing in the landscape strip between the curb and sidew alk. b.The space between the building and sidewalk shall be landscaped w ith ornamental trees, shrubs, grass, annual and perennial flowers to achieve a “fully landscaped look”. c.The landscape strip and the front yard setback shall be planted w ith grass between the trees, shrubs and other landscape features. d.Irrigation System. An irrigation system is required and is the responsibility of the property ow ner as is the maintenance of the landscaped areas. 5.Building D esign a.Street Oriented. The building shall be oriented tow ard the street w ith architecturally defined entrances; a ground floor prominence; and elements that break up vertical and horizontal w alls. b.Interaction with Street. There shall be a variety of openings and other features that enhance the buildings visual interaction w ith the street. These features include doors, w indow s, balconies and/or other items such as stoops, aw nings, porches, dooryards, canopies, overhangs, recesses, etc. that in combination enhance the human scale and pedestrian experience of the street. (1)Balconies, aw nings, canopies and other structural elements may extend a maximum of three (3’) feet into the setback. Page 10 c.Materials. The first floor w all facing the right-of-way shall be faced with high-quality materials (as approved by Zoning Administrator or Designee). (See subsection 6.00.060.) 6.R enderings identifying all of the above requirements and the D esign Standards shall be submitted to city staff prior to the request for a building permit. a.The Zoning Administrator or designee will have authority to review the submittal and determine if it meets the above requirements of this Section and the spirit in which they w ere created. 7.Tow nhouse. Tow nhouse type residential adjacent to the right-of-w ay shall have a “daylight basement” or crawl space w ith the first floor a minimum of two (2’) feet above grade. 8.U tility fixtures. U tility fixtures are not allow ed in the front yard setback must be underground or otherw ise screened from street view w herever practicable. or in the C ity right-of-way 9.Parking spaces, drive aisles and all maneuvering areas shall not be located w ithin the first ten(10') feet of a front yard.. B.When the above requirements are not met, a front yard setback of ten (10’) feet from right-of-w ay shall be required, and the follow ing: 1.Front Yard. a.The front yard shall be landscaped w ith ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped look”. b.Parking spaces, drive aisles, and all maneuvering areas shall not be located w ithin the first ten (10’) feet of a front yard. (1)This area shall be used for landscaping that will adequately screen parking areas from adjacent right-of-way. C.Rear Yard. Minimum rear yard of at least six (6’) feet shall be required when a sloped roof drains tow ard rear yard property line. O therwise, no minimum. D.Side Yard. Minimum side yard of at least six (6’) feet shall be required w hen a sloped roof drains tow ard side yard property line. O therw ise, no minimum. E.Commercial Adjacent to R esidential. (See Transitional D evelopm ent Standards subsection 3.02.080.a.) F.Pedestrian Emphasis District Setbacks. Setbacks are decreased as per Chapter 9, Pedestrian Em phasis D istrict. (See section 9.01.040.) G.Accessory Buildings. (See subsection 3.02.070.) SECTION 5: A MEND MEN T “5.01.110 Sidew alk Access” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.110 Sidew alk Access H ousing projects made up of tw elve (12) or more units Projects located within the Mixed Use Page 11 H ousing projects made up of tw elve (12) or more units Projects located within the Mixed Use zone will be required to demonstrate sidewalk access to the BYU I campus and to the nearest Substantial Commercial Cluster (See definition in Chapter 2). SECTION 6: A MEND MEN T “5.01.130 Parking A nd Loading” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 5.01.130 Parking A nd Loading (See section 3.4.) A.Proximity. Projects in the Mixed U se (MU ) zone are allow ed greater than tw o-hundred (200’) feet distance from the primary entrance as approved by the Zoning A dministrator or D esignee. B.Mixed-Use Buildings and Projects. The total parking requirement shall be the sum of the individual requirements for all uses. C.Tow nhouses. Tow nhouses shall have two (2) off-street parking spaces per unit. D.Joint Use Parking. Joint use parking facilities are encouraged. A joint use parking agreement, if executed according to the standards set forth in this section w ould allow a reduction in the total requirement for a mixed-use building or project. (See subsection 3.04.090.) E.Parking Structures. Parking Structures are encouraged and must meet the requirements set forth in section 3.4. 1.U nderground Parking Structures. Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the grade of the yard by more than two (2’) feet. Page 12 AY E NAY ABSEN T A BSTA IN Council President Jordan Busby Councilmember Brad Wolfe Councilmember Tisha Flora Councilmember Christopher Mann Councilmember Mikel Walker Councilmember Bryanna Johnson PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL _______________________________. P r e s id in g O ffic e r A t t e s t Jerry L Merrill, Rexburg Mayor, C ity of Rexburg Deborah Lovejoy, Rexburg City Clerk City of Rexburg