HomeMy WebLinkAboutOrd No 1248 Dev Code Ord 1200 Amendment - Planned Unit Development (PUD) Instrument# 438060
REXBURG,MADISON,IDAHO
212-2021 02:58.OT PM NO.of Pages:80
Recorded far:crrY OF REXBURG
KIM H.MUIR Fee:0.00
Ex4)f Ido Recorder Depute►
CITY OF REXBURG
ORDINANCE 1248
DEVELOPMENT CODE ORDINANCE 1200 AMENDMENT PLANNED UNIT
DEVELOPMENT(PUD)TO ALIGN WITH SUBDIVISION REQUIREMENTS
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: AMENDED 1.03.050 PLANNED UNIT DEVELOPMENT(PUD)PUBLIC
HEARING NOTICE;ADDITION OF 1.04.040 SUBDIVISIONS PLANNED UNIT
DEVELOPMENT(PUD) COMMISSION CONSIDERATION TO CHAPTER 1.4 LAND
USE ACTIONS;AMENDED SUBDIVISION DEFINITIONS;AMENDED 4.00.050 LOT
LAYOUT REVIEW;AMENDED 4.03.070,4.04.070,4.05.070 LOT CONFIGURATION
AND DENSITY;REPEAL 4.10 PLANNED UNIT DEVELOPMENT;AMENDED
10.03.010 SUBDIVISION SUBMITTAL;REPEALED 10.03.050 TIME LIMITATION;
ADDITION OF 10.03.090 BUILDING PERMIT;ADDITION OF 10.09.010 PLANNED
UNIT DEVELOPMENT (PUD)TO ALIGN WITH SUBDIVISION REQUIREMENTS;
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: "1.02.010 Zoning Administratoi"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
1.02.010 Zoning Administrator
There is hereby created the position of City of Rexburg Zoning Administrator.
A. The Zoning Administrator shall be appointed by the Mayor and confirmed by the City
Council.
B. The Mayor may appoint another officer of the City,including but not limited to the City
Clerk,Zoning Administrator,Building Official, to fulfill all or part of the duties of the
Zoning Administrator.
C. Duties of the Zoning Administrator.The Zoning Administrator shall administer the
provisions of this Ordinance,provide assistance to and guidance to the Commission and
Council,and have the following duties:
1. Advise interested persons of the Development Code provisions.
2. Notify the news media regarding matters of public interest.
3. Aid and assist applicants in the preparation and processing of applications.
4. Review. The Zoning Administrator or a designee will review all plans and
applications for compliance to the Rexburg Development Code.
5. Assist Commission and Council. Review and assist the Commission and
Council in reviewing applications for home occupations, variances,conditional
use permits,rezoning requests, subdivisions,planned unit developments and
annexations.
6. Interpret Code. In administering this ordinance,the Zoning Administrator may
make interpretations of any part of this code,which interpretations are binding but
may be appealed to the Design Review Board,the Mayor,or the Planning and
Zoning Commission.
7. Chief Enforcement Officer. The Zoning Administrator shall serve as Chief
Enforcement Officer of this Title,and carry out the enforcement authorities of the
Commission under Subsection 1.030.020.
8. Ordinance Violations. Investigate violations of this Ordinance and notify in
writing the person responsible for such violations, ordering the action necessary to
correct such violation.
9. Field Officers.The Zoning Administrator shall direct and administrate the efforts
of any, and all,Field Service Officers assigned to the Administrator to assist him in
performance of his duties of investigations, process services, and notifications.
10. Authority. The Zoning Administrator shall receive and direct,all appellate
matters to the appellate authority of jurisdiction, including scheduling and
coordinating all appeal hearings in regards to this Title.
SECTION 2: AMENDMENT"1.02.040 Development Review Committee"of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
1.02.040 Development Review Committee
The Development Review Committee is established to 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 with consideration to coordinate,expedite and assure fair
and equitable implementation of this Title.
A. Policies and Procedures
1. The Development Review Committee shall act as an advisory body to the Zoning
Administrator for site plans when no variance or deviation is requested.
2. Members. The Development Review Committee shall consist of the Zoning
Administrator,GIS Department Head,City Engineer, Fire Department Inspector,
Building Administrator or designees.
3. Advisory. The Development Review Committee shall act as an advisory body to
the City Council for larger and more complex proposals including conditional use
permits,planned unit developments, all Lot Layout Plans involving variances or
deviations, divisions of land,zone map amendments, annexations and other
actions as requested by Staff or the City Council.
4. Denial Authority. Each department charged with development review shall have
the ability and authority to require the Zoning Administrator 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.
5. Record. Each of the Development Review Committee Members will input their
reviews and comments into the City permitting system or provide them to the
Planning&Zoning Assistant following their project review.These records shall
be preserved as part of the official file for each development proposal.
6. 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.
B. Inquiry. A person or organization considering any construction,building or site alteration,
rezoning or other development activity,may approach the City Planning&Building
Department for informal advice and direction. Such discussion shall be treated as advisory
by both parties and a general record of the meeting shall be created.
C. Pre-Application. An informal review by the City Planning&Building Department may
be requested by submitting a Meeting Request form provided by these departments along
with any schematic development plans at least one week prior to the meeting.
D. Application. An application for consideration of a development proposal must be
submitted utilizing a form available from the Zoning Administrator or designee.
1. Materials 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, Infrastrucutre Plan, , conditional use permit,planned unit development,
divisions of land,rezone,annexation,etc.)as outlined in this title.
E. Fees.Fees for permits issues under this Ordinance and requests for amendments to this
Ordinance shall be reviewed and changed by resolution of the City Council and Mayor at
such time as deemed necessary.
1. A fee may be assessed for any service, including but not limited to the following:
a. Construction inspection fee
b. Notice and publication costs
c. Office checking and field engineering
d. Subdivision plat filing fee
2. Costs for inspection,testing,and quality control are to be paid to the City by the
developer at rates established by resolution of the Council.
3. Application Fee.The initial formal review by an applicant or owner for a specific
parcel shall be conducted with an application fee.
4. 2nd Fee. A fee,set in accordance with the fee resolution adopted by the City
Council, shall be charged for a third or subsequent formal review requested by the
same applicant and/or owner for the same real property as a prior formal review.
a. Re-inspection fees. A re-inspection fee may be assessed for each re-
inspection when such portion of work for which inspection is called for is
not completed or when corrections called for are not made with the
allotted time.
5. Work commencing before permit issuance. Any person who commences any
work, activity or operation regulated by this code,before obtaining the necessary
permits shall be subject to an additional fee established by the applicable
governing authority, which shall be in addition to the required permit fees.
a. Exception:An exception shall be granted for emergency repair work
performed during off-business hours. Emergency repair work shall be
work similar in nature to repairing frozen or physically damaged piping in
order to return a system to service.
6. Impact Area Fees.In the area of city impact,all administrative fees shall be
established by the City and paid to the City. In the event costs are incurred by the
City of Rexburg as a result of the administration or enforcement of area of city
impact matters,the City of Rexburg and County agree to share equally such
expenses.
SECTION 3: AMENDMENT"1.02.050 Design Review Board"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
1.02.050 Design Review Board
The Design Review Board is established to review design standards, landscaping,and
Infrastructure Plans when requested.
A. Authority.
1. Zoning Administrator Review.The Planning and Zoning Commission delegates
the authority required to make a best effort,design review to the Zoning
Administrator or a designee. It is the intent that the Zoning Administrator or a
designee reviews the application and all submitted plans for compliance to the
Design Standards as set forth in the Rexburg Development Code.
2. When the Design Requirements are not met,the applicant will be advised of the
shortcoming and will be advised to either make the necessary changes for
compliance or meet with the Design Review Board.
B. Initiating a Meeting
1. Disagree with Zoning Administrator Review. If at any time,the person
submitting the plans does not agree with the review performed by the Zoning
Administrator or a designee,he/she may request a hearing by the Design Review
Committee.
2. Zoning Administrator Request. If the Zoning Administrator or designee
performing the design review feels that input is required from the Design Review
Committee,he/she can request that the Design Review Committee meet and
discuss the proposal.
3. Commission Request.The Planning and Zoning Commission at any time may
request that a Design Review Board be called together for a certain project review
or as a re-review on a project completed by the Zoning Administrator or a
designee.
C. Organization
1. The Design Review Committee is made up of three(3)pools of individuals from:
a. The Planning and Zoning Commission(pool of all members)
b. The City Council and Mayor(pool of all members)
c. Professional Group(group of ten)
2. Three(3)members of the committee should be present for project design review.
The Planning and Zoning Assistant shall attempt to build a three(3)member
committee by calling one(1)member from each pool.
a. If the attempt is not successful, then the group may consist of three(3)
members of any combination of the pools.
b. If at the time of the meeting some or all of the members of the committee
do not show,then two of the remaining members and/or City Staff may
act as the committee.
3. The Zoning Administrator shall recommend potential members from the private
sector for inclusion into the Professional Group to the Mayor.
D. Meeting Procedures. To implement this purpose,certain procedures shall be adopted to
include,but not be limited to,meetings attended by members of the Design Review Board.
After introductions,the meeting will proceed as follows:
1. The meeting is headed by the Commissioner present. If there is no Planning and
Zoning Commissioner present,then the City Council member in attendance
presides.
2. The City Plan Reviewer or designee outlines the specifics on why the current
drawings do not meet the prescriptive design requirements of the Development
Code.
3. Each section of the design requirements is reviewed by the Board.
4. The applicant explains how the design meets the intent of the Design Review
Requirement.
S. The Board deliberates and comes to a conclusion on an allowed design.
6. Written-meeting renews setting forth decisions and findings shall be made. These
records shall be preserved as part of the official proceedings for each
developmental proposal.
7. The written meeting reviews are sent to all parties present at the meeting on the
first possible date.
8. After follow-up with Board on written meeting review,the review is attached and
included with the Building Permit for the project.
9. The building plans are redrawn or redlined to identify the changes made by the
Board.
10. All subsequent reviews are completed with the new plans.
E. Action. By no later than 30 working days from the date of the first regularly scheduled
Development Review Committee at which the applicants'proposal was initially reviewed,
the Development Review Committee,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.
SECTION 4: AMENDMENT "1.03.020 Duties Of The Commission"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
1.03.020 Duties Of The Commission
The Commission shall have the following duties,as well as such others,prescribed by law or
assigned by the Council:
A. Comprehensive Plan. Conduct a comprehensive planning process designed to prepare,
implement,review and update a Comprehensive Plan.
1. Biannual.Conduct a biannual review of this Ordinance and its implementation of
the Comprehensive Plan.
B. Conditional Use Permits. Grant conditional use permits as specified in this Ordinance
and make recommendations to the Council on those conditional use permits for which the
Council has final decision making powers.
C. Mitigating Land Use Impacts. Any change of use that creates more intense impacts may
be denied if the Planning and Zoning Commission finds that such impacts cannot be
mitigated by the imposition of conditions. Land use impacts that may need to be mitigated
include the following:
1. An increase in daily or peak hour traffic.
2. A change in circulation patterns on or around the property.
3. A significant increase in the demand for parking.
4. A change in the density of people on site.
5. Expansion of the hours of operation.
6. Any increased environmental impact, such as noise or air pollution;offensive
odors;excessive illumination or glare,etc.
D. Proposed Amendments. Review all proposed amendments to this Ordinance and make
recommendations to the Council. Initiate proposed amendments to this Ordinance.
E. Reviews. Complete plat plan and design standard reviews as provided for in this
Ordinance.
F. Rules and Regulations. The Commission is authorized by the City of Rexburg and
Madison County to administer and enforce all rules and regulations pertaining to the Area
of City Impact for the City of Rexburg as provided in Section 9.2 hereof.
G. Variances. Grant variances as authorized by this Ordinance and Idaho statutes.
SECTION 5: AMENDMENT"1.03.050 Public Hearing Notice"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
1.03.050 Public Hearing Notice
The public hearing shall be noticed as required by state statutes.
A. Newspaper Notice.At least fifteen(15)days prior to the hearing,notice of the time and
place and a summary of the amendment shall be published in the official newspaper or
paper of general circulation within the jurisdiction of Rexburg.
B. Mailing Notice for Map Revision. If the amendment is a map revision, additional notice
shall be provided by mail to property owners or purchasers of record of land within three
hundred feet(300')of the external boundaries of land being considered.
1. PUD.Buffer boundary for mailing is increased for Planned Unit Developments
(PUD). (See 1.04.040.B.].a.)
C. Posting.Notice shall also be posted on the property to be rezoned not less than one(1)
week prior to the hearing.
D. 200 or More Land Owners. When notice is required to two hundred(200)or more
property owners or residents,notice of the proposed change and the hearing shall be
published in the official newspaper once a week for two(2)consecutive weeks,with at
least one of the publications being fifteen(15)days prior to the date set for hearing on the
proposed change.
SECTION 6: AMENDMENT "1.04.040 Subdivisions"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
1.04.040 Subdivisions
A. Subdivision Rules
1. No personal shall subdivide any tract or parcel of land except in compliance with
the provisions of this ordinance.
2. No person shall purchase, sell,offer for sale or exchange any parcel of land which
is part of a subdivision or proposed subdivision,nor offer for recording in the
office of the County Clerk any deed conveying such parcel of land or any fee
interest therein,unless such subdivision has been created in accordance with the
provisions of this ordinance.
B. Planned Unit Development. The Commission consideration shall follow the same
procedures as a Subdivision with the following amendments:
1. Public Hearing-Planning&Zoning Commission.The Planning and Zoning
Commission shall review the Plan and comments in public hearing and make a
recommendation to the City Council to either approve, approve with conditions,or
disapprove of the Planned Unit Development in any residential or commercial
zone,or any combination of them,subject to the provisions of this section. (See
section 1.3 and chapter 10)
a. Mailing Notice for P.U.D.Notice by mail shall be provided to property
owners or purchasers of record of land within five hundred(500')feet of
the tentative planned unit development boundaries,excluding streets.
b. Conditions.The Planning and Zoning Commission,in recommending,
and the Council in approving a preliminary Master Plan Planned Unit
Development,may attach conditions it finds are necessary or appropriate
to carry out the purposes of this title.
2. Criteria for Approval.The Commission shall recommend the plan to the City
Council if it finds that the plan meets all of the following criteria.
a. Comprehensive Plan.The proposed Planned Unit Development
complies with the City's Comprehensive Plan and will be substantially
compatible with existing development in the surrounding area.
b. Adjacent Land.The undeveloped land in the surrounding area can be
developed in a manner substantially compatible with the proposed
Planned Unit Development.
c. Densities.The proposed number of residential units does not exceed the
maximum permitted number of residential units.
(1) Where a PUD is located over more than one zone,the plan is
allowed to have a weighted balance of the densities for each zone
(including density-bonuses).
d. Buffers.Like zoning buffers should be provided at borders of other
properties not included in the PUD,
(1) Example:if a PUD was created that consisted of a LDR3 zone
and a MDR2 zone, then six-plex housing units should not be
placed directly adjacent to the adjoining LDR3 zone. A buffer of
twin homes(allowed in LDR3)or open space should be used as a
buffer.Rear yards of six-plex units might be considered as
sufficient buffering if fenced and landscaped with trees.
e. Time Schedule.The number of years proposed for completion of the
development or each phase of the development is reasonable,taking into
consideration the possibility of changing land use patterns or requirements
of the city over time.
f. Expiration Date.In order to ensure that the development will be
compatible with land use patterns and requirements of the city at the time
of approval of platting,the Planning and Zoning Commission shall
recommend and the Council shall establish an expiration date for:
(1) Phases. The Commission may impose conditions requiring that
phases thereof be submitted for commission review within a
specified period or periods of time,no later than one year after
approval of thePlanned Unit Development.
(2) Re-evaluation of Unbuilt Portions.The Commission may
impose conditions requiring Commission and Council re-
evaluation of as yet unbuilt portions of the development,for
conformity with then-existing city zoning ordinance requirements
in relation to then-existing conditions,not sooner no later than
five(5)years after approval of the preliminary Master Plan
Planned Unit Development,and at such periodic intervals of not
less than five(5)years thereafter as the Commission and Council
deem appropriate to ensure conformity.
g. Negative Impacts. Construction of the development can be accomplished
in a manner that does not create unreasonable negative impacts on the area
surrounding the development or in the city. In order to assure the
avoidance or mitigation of negative construction impacts on the area
surrounding the development or in the city,the Planning and Zoning
Commission and Council may impose conditions including but not limited
to:
(1) Requirements that removal of existing landscaping during
construction be limited to areas of the Planned Unit Development
to be constructed shortly following removal and to portions of
those areas on which construction will occur;
(2) Prohibitions of open burning on the site during construction;
(3) Restrictions on construction noise;and
(4) Restrictions on construction traffic.
(5) In order to assure the avoidance or mitigation of negative impacts,
the Planning and Zoning Commission may require the filing of
restrictions in the county deed records including but not limited to
restrictions:
(A) Prohibiting the removal of specified landscaping;and
(B) Prohibiting open burning during construction.
h. Landscaping.At least twenty(20%)percent of the gross area is
dedicated to landscaping.
(1) For purposes of computing area dedicated to landscaping,
dedicated open space and protected resource areas may be treated
as area dedicated to landscaping,but parking areas may not.
3. City Council.The City Council shall have the authority to approve, approve with
conditions,or disapprove Planned Unit Developments in any residential or
commercial zone, or any combination of them,subject to provisions of this
section.
SECTION 7: AMENDMENT"1.04.070 Building Permits Required"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
1.04.070 Building Permits Required
No person shall erect,construct,enlarge,alter,repair,move,convert,or demolish any building,
sidewalk,driveway, carport,parking area or any other structure,without first obtaining a building
permit for each building, sidewalk,driveway,carport,parking area or any other structure from the
City.To apply for a permit,the applicant shall file an application with the Building Department.
A. Application Requirements.To provide the information necessary to determine
compliance with the provisions of this Ordinance, the application shall require the
following:
1. Name, address,and phone number of applicant.
2. Name, address,and phone number of owners of the property,if owner is not the
applicant.
3. Legal description of the property.
4. Existing use.
5. Proposed use.
6. Zoning district.
7. An Infrastructure Plan drawn to scale (See 10.4) .
8. Elevations. Applications subject to infrastructure plan review shall also include
detailed drawings of all elevations(front,rear and sides)in order to demonstrate
compliance with Section 4.00.050 for residential and Section 6 far Commercial of
this Ordinance and to show building heights.
9. Such other matters as may be necessary to determine compliance with City
ordinances.
B. Permits Issuance
1. No building permit may be issued on a lot for the use of any land,construction,or
alteration of any building or structure on a lot which would be in violation of any
provision of this ordinance.
2. Any license or permit issued in conflict with such provisions shall be void.
3. Failure to have all work inspected may result in the withholding of services or
issuances of building permits.
SECTION 8: AMENDMENT"D"of the Rexburg Development Code is hereby
amended as follows:
AMENDMENT
D
Daycare Centers:A building or structure where care,protection,and supervision are provided on
a regular schedule,at least three times a week for seven(7)or more children.fee subsection
4.00.040 Home Occupations.)Dedication:The setting apart of land or interest in land for use by
the public. Land becomes dedicated when accepted as a public dedication either by ordinance,
resolution,or entry in the official minutes of the City or by the recording of a plat showing such
dedication. Density:The number of dwelling units per acre,excluding required public rights-of-
way from acreage determination. D.E.Q:The State of Idaho Division of Environmental Quality
Design Standards: Statements and graphics intended to direct the planning and development of
the built environment in a particular manner or style so that the end result contributes positively to
the overall development.Development:Any man-made change to improved or unimproved real
estate, including,but not limited to,the construction of buildings,structures or accessory structures,
or the construction of additions or substantial improvements to buildings,structures or accessory
structures;the placement of mobile homes;mining,dredging, filling,grading, paving, excavation
or drilling operations;and the deposition or extraction of materials;specifically including the
construction of dikes,berms and levees.The term"development"does not include the operation,
cleaning,maintenance or repair of any ditch,canal, lateral,drain, diversion structure or other
irrigation or drainage works that is performed or authorized by the owner thereof pursuant to
lawful rights and obligations. (Idaho Code 46-1021)Development Review Committee: Consists
of the Zoning Administrator, G.I.S. Department Head,City Engineer,Fire Department Inspector,
and Building Administrator or their designees. Dormitory:A building used as group living
quarters. Such group living quarters are generally associated with a college, university,boarding
school,orphanage,convent,monastery,farm labor camp, or other similar use.Dormitory housing
must be sprinkled as per the building code.For determining density,the total number of residents
will be divided by six(6)for each dwelling unit counted. Down-lighting: Fully shielded light that
is directed in such a manner as to shine light rays only below the horizontal plane. Drainage Plan:
A drainage plan is required for all new construction. The plan shall be pail of the required
Infrastructure Planplan and should identify drainage paths (with heights), perforated drain pipes
around footings(as required), retaining and detaining basins(if used),slope away from
foundations,injection wells(if used), gutters and catch basins(if used),pipe size and location(as
applicable), and other drainage details as needed. For all but single family home projects(including
duplexes and twin homes)storm water run-off calculations are required as per the City Engineer.
Driveway:A driveway is a vehicular ingress and egress route that serves no more than five(5)
single-family dwellings,not including accessory structures.Duplex: A residential structure
separated into two(2)independent living units with a common owner and a shared yard.Two(2)
homes in one structure with one(1)lot underneath. Dwelling: A building or portion thereof that
provides living facilities for one or more families.
A. Multi-family Dwelling: A detached residential building containing three or more dwelling
units, including what is commonly known as an apartment building or condominiums.
B. Single-family Dwelling: One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family with separate toilets
and facilities for cooking and sleeping.
1. Dwellings,Single-family Attached:Two(2)or more dwelling units which may
share a common wall. These structures are also considered to be townhouses.
SECTION 9: AMENDMENT "E" of the Rexburg Development Code is hereby
amended as follows:
AMENDMENT
E
Easement:A grant by the owner of a parcel of land for use by the public,corporations,or persons
for a specified use purpose.These"easements"are designated on a plat. Elderly Housing:A
building or group of buildings occupied by persons 55 years or older or couples where either of the
partners are 55 years or older.This does not include housing in which the elderly may occupy the
units seasonally or convalescent or nursing facilities. Engineer: Any person who is registered and
certified in the State of Idaho to engage in the practice of professional engineering.Engineering
Plans:Plans,profiles,cross-sections,and other required details for the construction of
improvements,prepared by an Idaho-registered, professional Engineer in accordance with the
approved Plat and in compliance with existing Engineering Standards of design and construction.
(See City Engineering Standarzls.) Exception,Land:Any parcel of land which is within the
boundaries of the subdivision which is not a part of the subdivision.
SECTION 10: AMENDMENT "F"of the Rexburg Development Code is hereby
amended as follows:
AMENDMENT
F
FA.A.:Federal Aviation Administration. Facade: Portions of a building that are visible from
private or public roads and walkways but not including alleys. Family:A group of one or more
persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit,provided
that at least one of the following situations exist:
A. At least one of the group is related to all of the other members of the group within the third
degree of kinship;
B. The group is divisible into two subgroups,each composed of at least one person who is
related to all other members of the subgroup within the third degree of kinship;or
C. All such persons are handicapped persons as defined by the I.C. Section 67-6531 or in
Title VII of the Civil Rights Act of 1968,as amended by the Fair Housing Act
Amendments of 1988,or any subsequent amendments to the foregoing regulations.
F.C.C.: Federal Conununications Commission. Feedlot:Any area where one-thousand(1,000)
head or more of livestock are confined for a period of one(1)year or more.
Fence: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.
Any fence,walk 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 Engineer.
Fenestration: The arrangement of windows in a building to provide interior light;also used as
decorative elements in a facade.Fire Station:A building or portion of a building that provides, at a
minimum,all weather protection for fire apparatus.Temperatures inside the building used for this
purpose must be maintained at above thirty-two(32°)degrees Fahrenheit. Flood Light:A lamp
that produces up to one thousand,eight hundred(1,800) lumens and is designed to flood a well-
defined area with light. Flood Plain: Those areas designated as Zone A or AE as shown on the
current Flood Insurance Rate Map(FIRM)as prepared by National Flood Insurance Program.
A. Area of Shallow Flooding:The base flood depths range from one to three(1-3)feet;
where a clearly defined channel does not exist and the path of flooding is unpredictable
and indeterminate, and velocity flow may be evident. AO characterized as sheet flow and
AG indicates pounding on the FIRM map.
B. Area of Special Flood Hazard,Base Flood or 100-Year Flood:The land in the flood
plain within a community subject to a one(10/6)percent or greater chance of flooding in
any given year.Designation on maps always includes the letter A.
C. Base Flood Elevation: (BFE)" the computed elevation to which flood water is anticipated
to rise during the"Base Flood."The Base Flood Elevation(BFE)is depicted on the FIRM
to the nearest foot and in the FIS to the nearest 0.1 foot.
D. Channel:A natural or artificial watercourse of perceptible extent,with definite bed and
banks to confine and conduct continuously or periodically flowing water.
E. Flood:The temporary inundation of land by overflow from a river,stream,lake,or other
body of standing water. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters and/or
the unusual and rapid accumulation of runoff or surface waters from any source.
F. Flood Insurance Rate Map(FIRM):The official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
G. Flood Insurance Study: The official report provided by the Federal Insurance
Administration that includes flood profiles,the Flood Boundary Floodway Map,and the
water surface elevation of the base flood.
H. Floodway:The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one(1')foot at any point.
I. Floodway Fringe: The part of the flood plain which is beyond the flood way
encroachment lines limiting a designated flood way. Such areas will include those portions
of the flood plain which will be inundated but which may be developed for use under land
use regulations without material effect upon the flood water carrying capacity of the flood
way and the flood water levels. Such areas are characterized by shallow flood depths and
low velocities of water flow.
J. Flood Protection Elevation (FPE): As defined in Idaho Code§46-1021 (7), an elevation
that shall correspond to the elevation of the one percent(1%)percent chance annual flood
BFE,plus any increased flood elevation due to floodway encroachment,plus any required
freeboard.The flood protection elevation for Rexburg, Idaho is equal to BFE plus one foot
(P)foot of freeboard;the freeboard accounts for any flood elevation increases due to
floodway encroachment as shown in the community's Flood Insurance Study.
Floor Area,Gross: The sum of the areas of all floors of a building, including any area used for
human occupancy in the basements and attics, as measured from the exterior faces of the walls.
Floor,Lowest:The lowest floor of the lowest enclosed area(including basement).An unfinished
or flood resistant enclosure,usable solely for parking of vehicles,building access or storage,in an
area other than a basement area, is not considered a building's lowest floor,provided that such
enclosure is not built so as to render the structure in violation of the applicable non elevation design
requirements of this Ordinance. Foot-candle((c):The American unit used to measure the total
amount of light cast on a surface. For example,a full moon produces 0.01 foot-candles. Foot-
candles are measured with a light meter. Footprint:The area covered by the enclosed area of the
structure if perpendicular planes were extended from all portions of the structure to the ground.
Frontage:The length of any one property line of a premise,which property line abuts a legally
accessible street right-of-way including streets and alleys.To constitute frontage,the street or alley
must provide access to abutting properties.For purposes of determining yard requirements on
corner lots,all sides of a lot adjacent to streets shall be considered front yards and yards shall be
provided as indicated under"yards" in this definition section. Fully shielded:The luminaire and its
mounting,taken as a whole,allowing no direct light above the horizontal.
SECTION 11: AMENDMENT"I-J"of the Rexburg Development Code is
hereby amended as follows:
AMENDMENT
I-J
Illuminance: The amount of light casting on any point of a surface measured in foot-candles or
lux. Measurements are taken at ground level with sensor parallel to surface.
Impervious Surface:A surface that has been compacted or covered with a layer of material,so
that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime,
rock,or clay,as well as most conventionally surfaced streets, roofs,sidewalks,parking lots,and
other similar structures.
Industry,Heavy: A use engaged in the basic processing and manufacturing of materials or
products predominantly from extracted or raw materials, or a use engaged in storage of,or
manufacturing processes using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous or commonly recognized offensive conditions. (See
section 7.2.)
Industry,Light:A use engaged in the manufacture,predominantly from previously prepared
materials,of finished products or parts, including processing, fabrication,assembly,treatment,
packaging, incidental storage,sales,and distribution of such products, but excluding basic
industrial processing. (See section 7.1.)
Infill: Construction of a building on a piece of vacant ground that is substantially surrounded by
improved properties. (See "vacant properties"definition.)
Infrastructure Plan:A plan,prepared to scale, showing accurately and with complete dimensioning,
the boundaries of a site and the location of all buildings,structures,uses, and principal site
development features proposed for a specific parcel of land
Integrated Shopping Center:A group of retail or commercial planned, developed and managed
as a single property,with on-site parking provided.
Interchange Sign Boundary: One-thousand,five hundred(1500')feet radius drawn from the
center of the highway interchange. (See subsection 3.05.130.)
Irrigation Facilities: Includes canals, laterals, ditches,conduits,gates,wells,pumps,and allied
equipment necessary for the supply,delivery,and drainage of irrigation water.
Junk:Old,dilapidated,scrap or abandoned metal,paper,building material and equipment,bottles,
glass,appliances, furniture,bed and bedding, rags,motor vehicles and parts thereof.
Junkyard: An open area where waste,used or secondhand materials are bought, sold,exchanged,
stored,processed, or handled.Materials shall include but not be limited to scrap iron and other
metals,paper,rags,rubber tires,and bottles. An automobile wrecking yard is also considered a
junkyard.
SECTION 12: AMENDMENT"K-L"of the Rexburg Development Code is
hereby amended as follows:
AMENDMENT
K-L
Kennel,Private:Any building,buildings or land designed or arranged for the care of dogs and
cats belonging to the owner of the principal user, kept for the purposes of show, hunting,or as
pets.Lamp:The generic term for an artificial light source, to be distinguished from the whole
assembly. Commonly referred to as"bulb".
Landscaping:The area within the boundaries of a given lot/project that consists of planting
materials, including but not limited to living trees,shrubs,ground covers,grass, flowers, decorative
rock,bark,mulch, and other similar materials. Large cobbles or river rock are not considered
"decorative rock". Landscaping must be maintained as in its original design and purpose.(See
subsection 3.02.100.)
Laundry,Self-Service: A business that provides home-type washing, drying,and/or ironing
machines for hire to be used by customers on the premises.
Lighting,Holiday: Strings of individual lamps,where the lamps are at least three inches(3")
apart. (See section 3.6.1
Lighting Plan: Documents specific to a project or development that describe the location and
characteristics of all exterior lighting and the light levels in and adjacent to the property.The
complete lighting unit, including the lamp,the fixture,and other parts. This also can include a
photometric layout.
Lot: A piece or parcel of land separated from other pieces or parcels as shown on a recorded
subdivision plat or by metes and bounds description for purposes of sale,lease,or separate use.
A. Corner Lot: A lot with frontage on two(2)or more intersecting streets where the interior
angle of intersection does not exceed one-hundred-thirty-five(1351)degrees.Corner lots
have two front yards and two side yards but no rear yard.
B. Double Frontage Lot: A lot abutting two(2)parallel or approximately parallel streets.
Double Frontage lots have two (2) front yards and two (2)side yards.
C. Flag Lot:Lots or parcels that the City has approved with less frontage on a public street
than is normally required,with no less than twenty(20)feet of accessible frontage,
generally intended to make deeper property accessible.
D. Interior Lot:A lot having but one(1) frontage abutting on a street.
C. Substandard Lot: A lot or parcel of land that has less than the minimum area or width as
established by the zone in which it is located. Such a lot shall have been of record as a
legally created lot on the effective date of this ordinance.
F. Through Lot: A lot that has a pair of opposite lot lines along two substantially parallel
streets and which is not a corner lot. On a through lot,both street lines shall be deemed
front lot lines.
Lot Area:The total horizontal area within the lot lines of a lot.
Lot Coverage:The area of a site covered by buildings or roofed areas and impervious surfaces.
Lot Depth:The horizontal distance from the midpoint of the front lot line to the midpoint of the
rear lot line or to the most distant point on any other lot line where there is no rear lot line.
Lot Layout Plan: A plan showing where the building will be placed in relation to the lot lines to
determine compliance with the code requirements for single-family homes,duplexes and twin
homes.
Lot Line:The boundary line of a lot.
A. Front Lot Line: The property line separating the front of the lot from the public right-of-
way.
ightof-
way.
B. Rear Lot Line:The lot line opposite the front property line. Where the side property lines
of a lot meet in a point,the rear property line shall be assumed to be a line not less than ten
(10')feet long,lying within the lot and parallel to the front property line. In the event that
the front property line is a curved line,then the rear property line shall be assumed to be a
line not less than ten(10')feet long, lying within the lot and parallel to a line tangent to the
front property line at its midpoint.
C. Side Lot Line:Any lot line not a front or rear lot line.
D. Lot of Record:A lot that is part of a subdivision, the plat of which has been recorded in
the office of the Recorder of Madison County,Idaho, or any parcel of land,whether or not
part of a subdivision,that has been officially recorded by a size that met the minimum
dimensions for lots in the district in which it was located at the time of recording or was
recorded prior to the effective date of zoning in the area where the lot is located.
E. Lot Width:The horizontal distance between side lot lines measured at the required front
setback line.The width of a lot shall be:
F. if the side property lines are parallel,the shortest distance between these side lines.
G. If the side property lines are not parallel,the width of the lot shall be the length of a line at
right angles to the axis of the lot at a distance equal to the front setback required for the
zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the
front and rear property lines.
H. For rural acreage developments,the distance between the side lot lines,measured at the
street frontage.
SECTION 13: AMENDMENT "I"'of the Rexburg Development Code is hereby
amended as follows:
AMENDMENT
P
Parcel:A continuous quantity of land in the possession of or awned by or recorded as the property
of the same person or persons.
Parking Space:A dedicated or delineated area other than a street or alley that is permanently set
aside,reserved,and maintained in accordance with the Rexburg City Development Code for the
parking of one motor vehicle. (See section 3.4 .
Pedestrian Emphasis District(P.E.D.):A district overlay created near the BYU-I campus that
allows less parking and higher density for residential units. (See section 9.1.
Pedestrian Oriented Development: Development designed with an emphasis primarily on the
street sidewalk and on pedestrian access to the site and buildings/structures rather than an auto
access.The building structures are generally located close to the public or private right-of-way and
the main entrances)are oriented to the street sidewalk.There are generally windows or display
cases along building facades. Although parking is provided, it is generally limited in size and
location.
Pedestrian Walkway: A surfaced walkway,separate fi-om the traveled portion of a public or
private right-of-way parking lot/driving aisle.
Pedestrian Way:A public right-of-way dedicated as a walkway through a block from street-to-
street and/or providing access to a school,park,recreation area,or shopping center.
Percent of elevation: is measured as the horizontal plane(lineal feet)containing doors, porches,
balconies,terraces and/or windows.
Permanent Construction:The pouring of slab or footing,the installation of piles,the construction
of columns,or any work beyond the stage of excavation. This does not include land preparation,
installation of streets and/or walkways, excavation,setting of temporary forms,or installation on
the property of accessory buildings,such as garages or shed not occupied as dwelling units or not
part of the main structure.
Pharmacy:A service business which dispenses,under the supervision of a pharmacist licensed by
the State of Idaho,prescriptive and non-prescriptive medicines and drugs, orthopedic appliances,or
medical supplies for the treatment of human illness,disease,or injury,excluding the sale of goods
or commodities for general hygiene, diet, cosmetic,or other general health purposes.
Planned Residential Development(P.R.D.): A Planned Unit Development that excludes all uses
other than residential.
Planned Unit Development(P.U.D.): Residential,commercial and/or industrial use,or
combination thereof,planned for a tract of land to be developed as a unit under single ownership or
control.A Planned Unit Development is created for the purpose of selling,leasing, or renting lots
or estates,whether fronting on private or dedicated streets and may include two or more principal
buildings as governed by the Development Code.(See section 4.10.)
Plant Nursery:Any land used to raise trees, shrubs, flowers, and other plants for sale or
transplanting.
Plat:A map of a subdivision including supporting data, indicating a proposed subdivision
development,prepared in accordance with this ordinance and the Idaho Code. (.See chapter 10.)
A. Recorded Plat: A Plat bcarinQ all of the certificates of approval required in this ordinance
and duly recorded in the Madison County Recorder's Office.
B. Short Plat: A platting process for small subdivisions,five(5)lots or less,that allows for a
shortened, quicker process for subdividing land that is approved by City staff only. The
Zoning Administrator and the City Engineer can consider other simple plats on a case-by-
case basis.
Plat Approval: Approval of the requested action as evidenced by appropriate certifications on the
plat;such approval constitutes authorization to record a plat.
Pre-existing Antennas and Pre-existing Towers:Any tower or antenna for which a building
permit or special use permit has been properly issued prior to the effective date of this ordinance,
including permitted towers or antennas that have not yet been constructed so long as such approval
is current and not expired.
Principal Building: A structure, where the context so indicates, or a group of structures in which
the principal use of the lot is conducted.
Principal Use: The main use of the land or structures as distinguished from a secondary or
accessory use.
Private Road: A road within a subdivision plat that is not dedicated to the public and not a part of
a public highway system.
Projections, Building: Structures that extend outward from the face of a building.(See subsection
3.02.090.c.)
Public Land Survey Corner: Any land survey corner actually established and monumental in an
original survey or resurvey used as a basis of legal description for issuing a patent for the land to a
private person from the United States government.
Public Works Director: the person appointed by the Council to oversee all public work functions
for the city.
SECTION 14: AMENDMENT "SIGN-T"of the Rexburg Development Code is
hereby amended as follows:
AMENDMENT
SIGN-T
Stand: the area reserved for the placement of a manufactured/mobile home.
Standard Drawings and Specifications: Standard drawings and specifications are defined as the
Rexburg Engineering Department Standards Specifications and Drawings as adopted by the City
of Rexburg. (See Citv Engineering Slundmds.)
Start of Construction: Includes substantial improvement, and means the date the building permit
was issued provided the actual start of constriction, repair, reconstruction,placement or other
improvement was within one-hundred-eighty(180)days of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site or the placement of a
manufactured home on a permanent foundation.
Story: That portion of a building included between the surface of any floor and the surface of the
floor next above it,or if there be no floor above it,the space between such floor and the ceiling
above it. A basement shall be counted as a story if its ceiling is over six(6')feet above the average
level of the finished ground surface adjoining the exterior walls of such story,or if it is used for
business or dwelling purposes.
Street:A public or private thoroughfare used,or intended to be used for passage or travel by motor
vehicles.Driveways are not included. Streets are further classified by the functions they perform.
A. Alley Street: A public service way used to provide secondary vehicular access to
properties otherwise abutting upon a street.
B. Arterial Street: Roads conveying traffic from between major activity centers within the
community and traffic through the City. Efficient movement is the primary function of
arterial roads. Private and front access should be controlled and limited to high volume
generators of vehicle trips.
C. Collector Street: Streets that conduct and distribute traffic between other residential streets
of lower-order and higher-order streets or major activity centers.This is the highest-order
of a street appropriate to a residential neighborhood and residential frontage along it should
be prohibited or severely restricted.
D. Cul-de-sac Street: A short local street having one end permanently terminated in a
vehicular turnaround with a length of no greater than six-hundred(600')feet.
E. Frontage Street:A minor street parallel and adjacent to an arterial route and intercepts
local streets and controls access to an arterial route.
F. Minor Residential Street:A minor street with both terminal points on the same street or
origin that serves no more than fifty(50)single-family lots on one(1)street.
G. Residential Access Streets or Local Streets: A street with the sole purpose of providing
frontage for service and access to private lots. These streets carry only traffic having either
destination or origin on the street itself.The elimination of through traffic and the
geometric design of the street are means to promote safety and to create a desirable
residential neighborhood.
H. Rural Residential Street: A minor street that serves a rural residential subdivision that
does not require curb and gutter,but may require a concrete edging strip.
Structure:A walled and roofed building including a gas or liquid storage tank that is principally
above ground.
Subdivider:An individual, firm,corporation,partnership,association,syndication, trust,or other
legal entity having sufficient proprietary rights in the property to represent the owner,that submits
the required subdivision application and initiates proceeding for the subdivision of land in
accordance with applicable regulations.
Subdivision: The division of any lot,tract,or parcel of land into three(3)or more parts,for the
purposes of transfer of ownership or development and the dedication of a public street and the
addition to,or creation of a cemetery.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed fifty(50%)percent of its
market value before the damage occurred.
Substantial Improvement: Occurs when the first alteration of any wall,ceiling, floor, or other
structural part of the building commences,whether or not that alteration affects the external
dimensions of the structure. Any repair,reconstruction, or improvement of a structure,the cost of
which equals or exceeds fifty(50%)percent of the market value of the structure either:
A. Before the improvement or repair is started, or
B. If the structure has been damaged and is being restored before the damage occurred.
The term does not,however, include either:
A. Any project for improvement of a structure to comply with existing state or local health,
sanitary,or safety code specifications which are solely necessary to assure saving living
conditions,or
B. Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
Surveyor: Any person who is registered and certified in the State of Idaho to engage in the
practice of land surveying.
SECTION 15: AM {NDMENT"3.02.130 Project Plan Approval"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
3.02.130 Project Plan Approval
All projects constructed in any zone must submit,prior to beginning construction:
A. An Infrastructure Plan(including a Drainage and Landscape Plan)for review and approval
by City of Rexburg Building Department.
1. Drainage on to an adjacent lot not owned by applicant is not allowed.
B. Commercial Projects.All project plans and engineering specifications in the Community
Business Center(CBC)Zone must be prepared and engineered by A/E professionals.
These professional engineered plans will be submitted for review and approval from
conception by the Development Review Committee.
SECTION 16: AMENDMENT"3.07.070 Conditional Use Permits"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
3.07.070 Conditional Use Permits
A. General. The following provisions shall govern the issuance of special use permits for
towers or antennas by the Planning Commission:
1. Conditional Use Permit Required. If the tower or antenna is not a permitted use
of this ordinance or permitted to be approved administratively,then a special use
permit shall be required for the construction of a tower or the placement of an
antenna in all zoning districts.
2. Procedures&Requirements.Applications for special use permits under this
Section shall be subject to the procedures and requirements of section 1.4, except
as modified in this Section.
3. Conditions. In granting a Conditional Use Permit,the Planning Commission may
impose conditions to the extent the Planning Commission concludes such
conditions are necessary to minimize any adverse effect of the proposed tower on
adjoining properties.
4. Engineering Information. Any information of an engineering nature that the
applicant submits,whether civil, mechanical,or electrical,shall be certified by a
licensed professional engineer.
5. Non-refundable fee. An applicant for a Conditional Use Permit shall submit the
information described in this Section and a non-refundable fee as established by
resolution of the Council to reimburse City of Rexburg for the costs of reviewing
the application.
B. Towers.
1. Information required. Applicants for a Conditional Use Permit for a tower shall
submit the following information with the application, in addition to any other
information required for a Conditional Use application in section 1.4:
a. Backhaul Network. Identification of the entities providing the backhaul
network for the tower(s)described in the application and other cellular
sites owned or operated by the applicant in the municipality.
b. Existing Towers. A description of the suitability of the use of existing
towers,other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through the use
of the proposed new tower.
(1) The applicant shall also identify the type of construction of the
existing tower(s)and the owner/operator of the existing tower(s),
if known.
c. Feasible Locations.A description of the feasible location(s)of future
towers or antennas within the City of Rexburg based upon existing
physical, engineering,technological or geographical limitations in the
event the proposed tower is erected.
d. Future Users.A notarized statement by the applicant as to whether
construction of the tower will accommodate collocation of additional
antennas for future users.
e. Landscape Plan.A landscape plan showing specific landscape materials.
f. Law Compliance.A description of compliance with subsections
3.07.040, 3.07.060.B.1, 3.07.060.8.4,and all applicable federal,state or
local laws.
g. Legal Description.Legal description of the parent tract and leased parcel
(if applicable).
h. Relationship to Zoned Properties. The setback distance between the
proposed tower and the nearest residential unit,platted residentially zoned
properties, and un-platted residentially zoned properties.
i. Separation Distance. The separation distance from other towers
described in the inventory of existing sites submitted pursuant to
subsections 3.07.070.F, shall be shown on an updated Infrastructure Plan
or map.
j. Infrastructure Plan.A scaled Infrastructure Plan clearly indicating the
location,type and height of the proposed tower,on-site land uses and
zoning,adjacent land uses and zoning, Master Plan classification of the
site and all properties within the applicable separation distances,adjacent
roadways,proposed means of access,setbacks from property lines,
elevation drawings of the proposed tower and any other structures,
topography,site elevations,parking,and other information deemed by the
Planning and Zoning Department to be necessary to assess compliance
with this ordinance.
k. Method of fencing,and finished color and,if applicable, the method of
camouflage and illumination.
C. Factors Considered in Granting Conditional Use Permits for Towers. In addition to
any standards for consideration of Conditional Use Permits applications,the Planning
Commission shall consider the following factors in determining whether to Conditional
Use Permits, although the Planning Commission may waive or reduce the burden on the
applicant of one or more of these criteria if the Planning Commission concludes that the
goals of this ordinance are better served thereby:
1. Height and elevation of the proposed tower;
2. Proximity of the tower to residential structures and residential district boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the tower, with particular reference to design characteristics that have
the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress;and
8. Availability of suitable existing towers, other structures,or alternative technologies
not requiring the use of towers or structures, as discussed in 3.07.060.B. of this
Ordinance.
D. Availability of Suitable Existing Towers, Other Structures, or Alternative
Technology.No new tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the Planning Conunission that no existing tower,structure or
alternative technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna.
1. An applicant shall submit information requested by the Planning Commission
related to the availability of suitable existing towers,other structures, or alternative
technology. Evidence submitted to demonstrate that no existing tower, structure or
alternative technology can accommodate the applicant's proposed antenna may
consist of any of the following:
a. Geographic Area. No existing towers or structures are located within the
geographic area which meets applicant's engineering requirements.
b. Height. Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
c. Strength. Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
d. Interference. The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers or
structures, or the antenna on the existing towers or structures would cause
interference with the applicant's proposed antenna.
e. The fees, costs,or contractual provisions required by the owner in order to
share an existing tower or structure or to adapt an existing tower or
structure for sharing are unreasonable. Costs exceeding new tower
development are presumed to be unreasonable.
f. Limiting Factors. The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
g. Alternative Technology. The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,such as a
cable micro cell network using multiple low-powered transmitters/
receivers attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not be
presumed to render the technology unsuitable.
E. Setbacks. The following setback requirements shall apply to all towers for which a
Conditional Use Permit is required;provided,however,that the Planning Commission may
reduce the standard setback requirements if the goals of this ordinance would be better
served thereby:
1. Adjoining Lot Lines. Towers must be set back a distance equal to at least
seventy-five(75%)percent of the height of the tower from any adjoining lot line.
2. Minimum Zoning Setbacks. Guys and accessory buildings must satisfy the
minimum zoning district setback requirements.
F. Separation.The following separation requirements shall apply to all towers and antennas
for which a Conditional Use Permit is required; provided, however,that the Planning
Commission may reduce the standard separation requirements if the goals of this ordinance
would be better served thereby.
1. Separation from off-site uses/designated areas.
a. Tower separation shall be measured from
the base of the tower to the lot line of the
off-site uses and/or designated areas as
specified in Table 1,except as otherwise
provided in Table 1.
b. Separation requirements for towers shall
comply with the minimum standards
established in Table 1.
Table 1: Separation Distances from
Residential Units
Off-site Use/Designated Separatio
Area n
Distance
200 feet or
300%
Single-family or duplex height of
residential unitsl tower
whichever
is greater
Vacant single-family or 200 feet or
duplex residentially zoned 300%
land which is either platted height of
or has subdivision plan tower
approval which is not whichever
expired is greater
100 feet or
100%
Vacant un-platted height of
residentially zoned lands3 tower
whichever
is greater
100 feet or
Existing multi-family 100%
residential units greater height of
than duplex units tower
whichever
is greater
Non-residentially zoned None;
lands or non-residential only
setbacks
uses
apply
1 Includes modular homes and mobile
homes used for living purposes.
2 Separation measured from base of
tower to closest building setback line.
3 Includes any un-platted residential use
properties without a valid subdivision
pian or valid development plan approval
and any multi-family residentially zoned
land greater than duplex.
2. Separation distances between towers.
a. Separation distances between towers shall be applicable for and measured
between the proposed tower and preexisting towers.The separation
distances shall be measured by drawing or following a straight line
between the base of the existing tower and the proposed base,pursuant to
an Infrastructure plan,of the proposed tower.
Table 2: Separation Distances Between Towers(Linear Feet)
Proposed Towers Existing Towers-Types
La Gul Monopole 75 Ft in Monopole Less
ttic ye Height or Greater Than 75 Ft in
e d Height
Lattice 50 50 1,500
00 00
Guyed 50 50 1,500 750
00 00
Monopole 75 Ft in 1,5 1,5 1,500 750
Height or Greater 00 00 '
Monopole Less 75 75
Than 75 Ft in 0 0 750 750
Height
G. Security fencing. Towers shall be enclosed by security fencing not less than six (6') feet
in height and shall also be equipped with an appropriate anti-climbing device;provided
however, that the Planning Commission may waive such requirements, as it deems
appropriate.
H. Landscaping.The following requirements shall govern the landscaping surrounding
towers for which a special use permit is required;provided,however;that the Planning
Commission may waive such requirements if the goals of this ordinance would be better
served thereby.
1. Buffer.Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the tower compound from property used for
residences.
a. The standard buffer shall consist of a landscaped strip at least four(4')feet
wide outside the perimeter of the compound.
2. In locations where the visual impact of the tower would be minimal,the
landscaping requirement may be reduced or waived.
I. Trees &Landform Preservation. Existing mature tree growth and natural land forms on
the site shall be preserved to the maximum extent possible. In some cases, such as towers
sited on large,wooded lots, natural growth around the property perimeter may be sufficient
buffer.
SECTION 17: AMENDMENT"4.01.110 Parking,Loading And Access"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
4.01.110 Parking, Loading And Access
(See section 3.4 and.subsection 4.00.060.1
A. Direct Access Restricted Roads.The Madison County Commission together with the
Rexburg City Council shall designate certain roads and streets located within the City of
Rexburg's Impact Area as Direct Access Restricted Roads.
. No lot or parcel of ground adjoining such designated roads or streets shall have
direct access to such road without the prior approval of the Rexburg Planning and
Zoning Commission.
2. Access to and from said lots or parcels shall be by roads,streets or frontage roads,
which have been approved by the Rexburg Planning and Zoning Commission.
3. Said lots or parcels shall comply with the following requirements:
a. Reverse Frontage. Such lots shall reverse frontage on the designated
direct accesses restricted road.
b. Buffering. Such lots shall be buffered from the direct access restricted
road by any effective combination of the following: lot depth,earth berms,
vegetation,walls or fences,and structural sound proofing.
c. Minimum Lot Depth. The minimum lot depth shall be two-hundred
(200')feet except where the use of berms, vegetation and structures can
be demonstrated to constitute an effective buffer for a dwelling on a lot
less than two hundred(200)feet in depth.
d. Existing Trees. Whenever practical,existing roadside trees shall be saved
and used in the arterial buffer.
e. Maintenance.Infrastructure Plans, subdivision requirements,and
annexation and development agreements,shall include provision for
installation and continued maintenance of all buffers and compliance with
all city and county ordinances applicable within the city impact area.
B. Curb and Gutter.'Installation of curb and gutter or a drainage facility must be approved in
advance by the City Engineer.
C. The City of Rexburg right-of-way width is dictated by City Engineering Standards.
SECTION 18: AMENDMENT"4.03.070 Lot Configuration And Density"of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
4.03.070 Lot Configuration And Density
A. Not more than one(1)single-family dwelling shall be placed on a lot or parcel of land in
the LDR1 zone.
B. Greater density may only be achieved through an approved Planned Unit Development.
SECTION 19: AMENDMENT"4.03.120 Referenced Sections"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
4.03.120 Referenced Sections
A. Prior Created Lots(See subsection 3.03.070.)
B. Setbacks and Right-of-Way Exceptions(See subsections 3.02.050, 3.02.090 and
4.00.010.)
C. Distance Between Buildings(See subsection 3.02.060.)
D. Parking,Loading and Access(See section 3.4 and subsection 4.00.060.)
E. Project Plan Approval(See subsection 3.02.130.)
F. Fencing(See subsection 3.02.110.)
G. Highway 20 Corridor. (See subsection 3.02.100.F.)
H. Planned Unit Development. (See subsection 10.06.010.)
I. Refer to section 4.0 for Development Rules that apply to all Residential Zones.
J. Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 20: AMENDMENT"4.04.070 Lot Configuration Density"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
4.04.070 Lot Configuration Density
A. One(1)single-family dwelling unit may be placed on a parcel or lot may be placed on a
lot or parcel of land in the LDR2 zone.
B. No more than two(2)dwelling units in any one(1)structure.
C. Greater density may only be achieved through an approved Planned Unit Development.
SECTION 21: AMENDMENT "4.04.130 Referenced Sections"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
4.04.130 Referenced Sections
A. Prior Created Lots(See subsection 3.03.070)
B. Distance Between Buildings (See subsection 3.02.060.)
C. Parking,Loading and Access(See Section 3.4, and subsection 4.00.060.)
D. Project Plan Approval(See subsection 3.02.130.)
E. Fencing(See subsection 3.02.110.)
F. Highway 20 Corridor. (See subsection 3.02.100-F.)
G. Planned Unit Development(See subsection 10.06.010.)
H. Refer to section 4.0 for Development Rules that apply to all Residential Zones.
I. Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 22: AMENDMENT"4.05.070 Lot Configuration And Density"of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
4.05.070 Lot Configuration And Density
A. One(1)single-family dwelling unit may be placed on a parcel of land or lot in the LDR3
zone.No more than two(2)dwelling units in any one(1)structure.
B. The maximum density permitted in this district is ten(10)dwelling units per acre.
C. density may only be achieved through an approved Planned Unit Development.
D.
SECTION 23: AMENDMENT"4.05.130 Referenced Sections" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
4.05.130 Referenced Sections
A. Prior Created Lots(See subsection 3.03.070.)
B. Distance Behveen Buildings (See subsection 3.02.060.)
C. Parking,Loading and Access(See Section 3.4and subsection 4.00.060.)
D. Project Plan Approval(See 3.02.130.)
E. Fencing (See subsection 3.02.110.)
F. Highway 20 Corridor. (See subsection 3.02.100.F.)
G. Planned Unit Development. (See subsection 10.06.010.)
H. Refer to.section 4.0 for Development Rules that apply to all Residential Zones.
I. Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 24: AMENDMENT "4.06.130 Referenced Sections"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
4.06.130 Referenced Sections
A. Prior Created Lots (See subsection 3.03.070.)
B. Distance Between Buildings (See subsection 3.02.060.)
C. Parking,Loading and Access(See section 3.4 and subsection 4.00.060.)
D. Project Plan Approval(See subsection 3.02.130.)
E. Fencing (See subsection 3.02.110.)
F. Highway 20 Corridor. (See subsection 3.02.100.F.)
G. Pedestrian Emphasis District Setbacks.Setbacks are decreased as per Chapter 9,
Pedestrian Emphasis District.(See section 9.01.040.)
I-1. Residential Design Standards (See subsection 4.00.050.)
I. Planned Unit Development. (See subsection 10.06.010.)
J. Lighting Standards are applicable as described in section 3.6.
K. Refer to section 4.0 for Development Rules that apply to all Residential Zones.
L. Refer to sections 3.2-3.7for Development Rules that apply to all Zones.
SECTION 25: AMENDMENT"4.07.130 Referenced Sections"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
4.07.130 Referenced Sections
A. Prior Created Lots (See subsection 3.03.070.)
B. Distance Between Buildings(See.subsection 3.02.060.)
C. Parking,Loading and Access (See section 3.4 and subsection 4.00.060.)
D. Project Plan Approval(See subsection 3.02.130.)
E. Fencing(See subsection 3.02.110.)
F. Highway 20 Corridor. (See subsection 3.02.100.F)
G. Residential Design Standards (See subsection 4.00.050.)
H. Planned Unit Development(See subsection 10.06.010)
I. Lighting Standards are applicable as described in section 3.6.
J. Refer to section 4.0 for Development Rules that apply to all Residential Zones.
K. Refer to sections 3.2-3.7 for Development Rules that apply to all Zones.
SECTION 26: REPEAL"4.10 PLANNED UNIT DEVELOPMENT (PUD)"of
the Rexburg Development Code is hereby repealed as follows:
REPEAL
4.10.010 Purpose And Objectives
The purpose of this section is to allow planned unit developments in several residential zones to
allow a more flexible approach to land developments than that which is normally accomplished
through the subdivision and zoning ordinances of the city. The planned unit development approach
is intended to provide more desirable environments by cncouraging creative site planning and
building designs with several compatible land uses,to make possible greater diversification
between buildings and open spaces, to conserve land and natural resources and minimize
development cost.
4.10.020 Applicability
A. Planned Unit Developments are only allowed in Low-Density and Ni tedium-Density
Residential Zones.
B. Apply Zoning Permitted Uses. The I)lannad unit development approach is not intended
to allow uses on land within a planned unit development other than uses pennitted within
the zone that is applicable to the land, unless otherwise stated in this ordinance, other than
zero lot line clustering .
1. Exception: Up to ten(10%)percent of gross land area may be directed to other
commercial, industrial, public and quasi-public uses that are not allowed within the
land use district; and a minimum of fifty(50%)percent of the residential
development occurs prior to the development of the related commercial or
industrial uses, provided that there is a favorable finding by the Commission the
uses are:
a. Appropriate with the residential uses;
b. Intended to serve principally the residents of the PUD;
c. An integral part of the PUD;
d. Direct Access Roads. Located and so designed as to provide direct
access to a collector or an arterial street without creating congestion or
traffic hazards;
4.10.030 Variations To Underlying Zone Permitted
Upon combining the PUD zone with an appropriate existing zone. variations from the
development standards of said underlying zone may be permitted,provided the variations are
specifically adopted as part of the approved project plan or approved supporting documents and do
not contradict subsection 4.10,020.
4.010.040 Minimum Area
A. A PUD for the following principal uses shall contain an area not less than:
1. One (1) acre for residential development
2. One(1) acre for residential use with subordinate commercial or industrial uses.
3. Ten (l 0) acres f'or commercial use.
4. Ten (10) acres for industrial use.
4.010.050 Lot Density
Developable Land. Density in PUD shall be determined by using the "developable land" of the
entire proposed development. Developable land is land under 30% slope and that is capable of
being improved with landscaping, recreational facilities, buildings, or parking.
A. Subtracted Land.Land devoted to Rexburg dedicated street usage in PUD subdivision
shall not be considered developable acreage and must be subtracted out of the total acreage
used to determine density, as well as areas designated for the use of churches, schools, and
public buildings.
B. Base Density.The maximum number of residential units allowed per developable acre in a
PUD which meets only the minimum development requirements of this Chapter shall be
calculated using the Lot Area Per Dwelling Requirement of the underlying zone:
C Zone Lot Area per Dwelling
LDR1 I Unit per 12,000 square feet
LDR2 1 Unit per 5,000 square feet
LDR3 1 Unit per 4,000 square feet
MDR 1 1 Unit per 2,723 square feet
MDR2 1 Unit per 1,815 square feet
D. Density Bonus Points. increased densities may be considered based on design upgrades.
(See subseetion 4.10.190.)
4.010.060 Standards
A. Planning and Building Design. The planned unit development approach shall provide
more desirable environments through creative site planning and building design, to create
greater diversification between buildings and open spaces, conserve land and natural
resources, and minimize development costs.
B. Scope of Plan.A plan for the development of a planned unit development shall cover the
entire area proposed for development. if the project is to be done in phases, no remnant
parcels shall be created.
C. Open Space. Areas not proposed for development shall be designated as`Open space"
and shall conform to minimum landscaping requirements of this chapter.
D. Natural Features. Developments shall be designed to preserve and incorporate the natural
features of the land into the development. Natural lcatures include drainage swales,
wetlands, rock outcroppings, streams, and concentrated native stands of large shrubs or
trees.
E. Single Ownership or Control. Unless agreed upon by the Planning and Zoning
Commission, the area proposed for a planned unit development shall be in one(1)
ownership or control during development to provide for full supervision and control of
said development, and to insure conformance with these provisions and all conditions
imposed upon the preliminary and final development plans.
F. Utilities. All utilities shall be placed underground, including telephone,electrical,and
television cables.
1. Dwelling units under separate ownership shall have separate utility metering,
unless otherwise approved by the Building Department.
G. Streets and Right-of-way. Development proposal shall adhere to currently adopted street
and right-of-way cross section standards.
1-I. Compatibility Standards (See 3.02.120.)
1. Refuse Bins.
a. Materials. Refuse bins shall be stored in screened enclosures which are
architecturally compatible in style and materials with the character of the
development.
b. Location. Bins shall be located so they are not visible from outside
circulation routes, and so they do not restrict vehicular movement or
parking.
2. Glare Reduction. Exterior lighting shall be designed such that the; light source
will be sufficiently obscured to prevent excessive glare into any residential area.
4.010.070 Compton Open Space
A. Required Common Open Space. A minimum of ten (10%)percent of the gross land area
developed in any residential PUD project shall be reserved for common open space and
recreational facilities for the residents or users of the area being developed.
R. Dedication of Land for Public Use.A required amount of common open space land
reserved under a PUD shall either be field in corporate ownership by the owners ol'the
project area for the use of each owner who buys property within the development or be
dedicated to the public and retained as common open space for parks,recreation and
related uses.
C. Trails. Public utility and similar easements or right-of-way for watercourses and other
similar channels are not acceptable for common open space dedication unless such land or
right-of'-way is usable as a trail or other similar purpose and approved by the Commission.
D. Maintenance.The responsibility of the maintenance of all open space shall be specified
by the developer before approval of the final master plan.
E. Clustering.Property developed under the PUD approach should be designed to abut
common open space or similar areas. (.See 4.10.070.a.).
F. Hardscape.Such common open spaces may include walkways, patios, recreational
activity areas, picnic pavilions, gazebos, and water features so long as such surfaces do not
exceed thirty-five (35%)percent of the required open green space.
G. Common Activity Areas.At a minimum, open green space shall include either a
playground with play equipment or pathways with benches and tables through a natural or
planted landscaped area.
4.010.080 Landscaping Per Unit
The intent is to have a variety of plant materials to give color and texture, to direct traffic, to liame
views and to screen undesirable views.
A. Placement.
1. Deciduous Trees. The placement and types of deciduous trees shall take into
consideration use of the trees for summer cooling and winter solar access.
2. }evergreen Trees. Evergreen trees should be used as windbreaks, screening and
accent plantings.
3. Water Conservation.The majority of new plant material used for landscaping the
development should be water-conserving plants. The landscaping design shall
locate plant materials in similar water usage demand zones to insure proper
irrigation coverage and reduce wasteful watering. Native plants are preferred.
a. Low Volume System. Low volume in-iga6on systems with automatic
controllers shall be used. Such an irrigation system includes, but is not
limited to, low volume sprinkler heads, drip emitters and bubbler emitters.
B. Minimum. A minimum of three (3), one and one-half(I"/i") inch caliper deciduous trees
or four(4') feet tall evergreen trees,and four(4) 5-gallon shrubs shall be planted for each
lot in a PUD subdivision, as well as building foundation planting of appropriate shrubs,
flowers, or ground covers.
C. Multi-family. Multiple family PUDs shall provide a minimum of one(1) deciduous or
evergreen tree per two(2) units and two(2)5-gallon shrubs per unit.
1). Landscape Plan. Applicant may provide a landscape plan that varies from these
requirements to the Planning and Zoning Commission for approval as meeting the "spirit"
of the requirements.
E. Design Theme. Landscaping in the park strip in the street right-of-way shall have a
unified design theme in PUD subdivisions.
4.010.090 Pre-Application Conference
A. Pre-Application Conference. (Prior to filing an application.) The Applicant shall review
the Preliminary Master Plan with the Planning and Zoning Commission, one person from
the City Council, and the Mayor or designated representative at a pre-appiicalion
conference.
1. Purpose
a. To inform the city of the nature of likely PUD application at an early
date
b. To provide the potential applicant with information on what will be
needed to make an application complete.
PUD DESIGN
4.10.040 Minimum Area
A. A PUD for the following principal uses shall contain an area not less than:
1. One (1) acre for residential development.
2. One (1)acre for residential use with subordinate commercial or industrial uses.
3. Ten (l 0)acres for commercial use.
4. Ten(10)acres for industrial use.
4.10.050 Lot Density
Developable Land. Density in PUD shall be deterntuted by using the "developable land', of the
entire proposed development. Developable land is land under 30%slope and that is capable of
being improved with landscaping, recreational facilities, buildings, or parking.
A. Subtracted Land. Land devoted to Rexburg dedicated street usage in PUD subdivisions
shall not be considered developable acreage and must be subtracted out of the total acreage
used to determine density, as well as areas designated for the use ofchurches, schools, and
public buildings.
B. Base Density. The maximum number of residential units allowed per developable acre in
a PUD which meets only the minimum development requirements of this Chapter shall be
calculated using the Lot Area Per Dwelling Requirement ofthe underlying zone:
Zone Lot Area per Dwelling
LDR 1 1 Unit per 12,000 square feet
LDR2 1 Unit per 5,000 square feet
LDR3 1 Unit per 4,000 square feet
MDR] 1 Unit per 2,723 square feet
MDR2 I 1 Unit per 1,815 square feet
C. Density Bonus Points. Increased densities may be considered based on design upgrades.
(See.sub.section 4.10.190.)
4.10.060 Standards
A. Planning and Building Design. The planned unit development approach shall provide
more desirable environments through creative site planning and building design, to create
greater diversification between buildings and open spaces, conserve land and natural
resources, and minimize development costs.
B. Scope of Plan. A plan for the development of a planned unit development shall cover the
entire area proposed for development. If the project is to be done in phases, no remnant
parcels shall be created.
C. Open Space. Areas not proposed for development shall be designated as'open space"
and shall amfornn to minimum landscaping requirements of this chapter.
D. Natural Features. Developments shall be designed to preserve and incorporate the natural
features of the land into the development. Natural features include drainage swales,
wetlands, rock outcroppings,streams, and concentrated native stands of large shrubs or
trees.
E. Single Ownership or Control. Unless agreed upon by the Planning and Zoning
Commission, the area proposed for a planned unit development shall be in one (1)
ownership or control during development to provide for full supervision and control of
said development,and to insure conformance with these provisions and all conditions
imposed upon the preliminary and final development plans.
F. Utilities. All utilities shall be placed underground, including telephone, electrical,and
television cables.
1. Dwelling units under separate ownership shall have separate utility metering,
unless otherwise approved by the Building Deparu»ent.
C7. Streets and [tight-of-way. Development proposal shall adhere to currently adopted street
and right-of-way cross section standards.
H. 'Trash Storage(See subsection 3.02.120.)
1. Materials. Refuse bins shall be stored in screened enclosures which are
architecturally compatible in style and materials with the character of the
development.
2. Location. Bins shall be located so they are not visible from outside circulation
routes, and so they do not restrict vehicular movement or parking.
I. Glare Reduction. I"Werior lighting shall be designed such that the light source will be
sufficiently obscured to prevent excessive glare into any residential area.
4.10.070 Corfu-non Open Space
A. Required Common Open Space. A ininirrrum often (10%)percent of the gross land area
developed in any residential PUD project shall be reserved for common open space and
recreational facilities for the residents or users of the area being developed.
B. Dedication of Land for Public Use. A required amount of common open space land
reserved under a PUD shall either be held 'i corporate ownership by the owners of the
project area for the use of each owner who buys property within the development or be
dedicated to the public and retained as common open space for parks, recreation,and
related uses.
C. Trails. Public utility and similar easements or right-of-way for watercourses and other
Similar channels are not acceptable for common open space dedication unless such land or
right-of-way is usable as it trail or other similar purpose and approved by the Commission.
D. Maintenance. The responsibility of the maintenance of all open space shall be specified
by the developer before approval of the final master121an.
E. Clustering. Property developed under the PUD approach should be designed to abut
common open space or similar areas.
F_ Nardscape. Such common open spaces may include walkways, patios, recreational
activity areas, picnic pavilions, gazebos, and water features so long as such surfaces do not
exceed thirty-Five (35°o)percent of the required open green space.
G. Common Activity Areas. At a minimum, open green space shall include either a
playground with play equipment or pathways with benches and tables through a natural of-
planted
rplanted landscaped area.
1. Subdivided, one-family lots shall provide developed common activity area at a
ration of 1,000 square feet per lot.
4.10.100 Preliminary Master Plan Application
Following a pre-application conference, an applicant shall submit a Preliminary Master Plan to the
City for review.
A. Large Parcel with Multiple Landowners. if large parcels of land are sold to multiple
parties, the land needs to be master planned.
B. Subdivision. If a proposed subdivision is part of a larger area intended for development, a
Development Master of Plan of the entire area is required.
C. Drawing. The preliminary master plan must include a drawing showing the layout ofthe
proposed planned unit development. The drawing must contain the following information:
I, Name of Development. Proposed name of the planned unit development;
2. Date, north point and scale of drawing;
3. Label. Appropriate identification clearly stating that the drawing is a preliminary
planned unit development master plan;
4. Location. Location of the planned unit development by section, township and
range;
5. Legal Description. A legal description sufficient to define the location and
boundaries of the proposed planned unit development tract;
b. Real Estate Description. The tract designation or other description according to
the real estate records of the county assessor.
7. Vicinity Map. A vicinity sketch map at a scale of one (11") inch equals four
hundred (400') feet showing adjacent property boundaries and land uses;
8. Adjacent Property Owners. Names and addresses of legal owners of properties
within five hundred (500') feet of the tentative planned unit development
boundaries, excluding streets. (The City is able to provide this information if
needed.)
9. Existing and Proposed Streets and Public 'Nays. Location, widths and names
of all existing streets or other public ways within or abutting the planned unit
development;
a. Proposed streets, including location, widths and approximate radii or
curves.
b. Approximate locations and anticipated grades of all streets
c. Typical cross sections of the proposed streets showing widths of
roadways, curbs, location and widths of'sidewalks and the location and
sire of utility mains
10. Easements Existing and Proposed. Location of existing and proposed easements
on the site or abutting property.
a. Show the width and purpose of cacti easement;
b. Approximate plan of proposed sanitary sewers, storm drains, storm water
detention and drainage pre-treatment facilities and the water distribution
system;
11. Proposed Housing.
a. Types of proposed housing within PUD
b. Approximate location or locations proposed for each type ol'housing
c. l-lousing density proposed at each location
d. An approximate tabulation of all dwelling units by type;
e. Maximum potential number of residential units,calculated as follows:
(1) Determine Residential Development Area: Subtract gross area,
any area allocated for churches, schools, and public buildings.
(2) Divide residential development area(excluding public and private
streets and areas with slopes of thirty (30%) percent or greater)by
the minimum residential lot size permitted in the underlying zone.
This is the maximum potential number of residential units without
incorporating any density bonuses;
12. Public Spaces. Sites, if any, allocated for churches,parks, schools, playgrounds,
public buildings, and open space.
13. Area Coverage. Area coverage of'existing and proposed structures, lots,streets or
other development.
14. Topography. Contour lines having the following minimum intervals:
a. Two (2') feet contour intervals for ground slopes less than ten (l0%)
percent, and
b. Five (5') feet contour intervals for ground slopes ten (10°ru) percent or
greater
c. Contours shall be based on contour maps provided by the city or other
data approved by the City Engineer
d. Location of at least one(1)temporary bench mark within the planned unit
development boundaries or the source of the contour line data shown
(source and accuracy subject to City Engineer's approval).
15. Detailed water, sewer,drainage and drainage pre-treatment, storm-water
detention,and street system plans including:
a. Central line profiles showing finished grades of all streets
b. Cross sections of proposed streets showing widths of roadway, curbs,
locations and widths of sidewalks, and location and size of utility mains.
e. Profiles of sanitary sewer, street drainage,drainage pre-treatment, stomn-
water detention and water distribution systems showing pipe size and
location of valves and fire hydrants, all to conform to city and state
standards.
d. The estimated cost of street, sewer, drainage and drainage pre-treatment,
storm water detention,water, and other public infrastructure improvements
within the planned unit development.
D. Supplementary Submittals. The following information supplements the Preliminary
Master Plan and can be submitted in separate statements accompanying the preliminary
master plan drawing:
1. Landscape Plan. A detailed landscaping plan showing the type and size of all
plant material and its location, the irrigation system, decorative materials,
recreation equipment and special effects;and the schedule for removal and
replanting of vegetation. The plan shall include both areas to retain undisturbed
their natural vegetation and areas to be re-landscaped. (See 4.10.080. Landscaping
Per Unit.)
a. At least twenty (20%)percent of the gross area is dedicated to
landscaping. For purposes of computing area dedicated to landscaping,
dedicated open space and protected resource areas may be treated as area
dedicated to landscaping, but parking areas may not.
b. Water Courses and Natural Features.
(l) Location and direction of all water courses and natural features
such as rock outcroppings, marshes, wetlands, and wooded areas;
and the approximate locations of trees or stands of trees having a
trunk cross-sectional diameter of eight(8") inches(approximately
twenty-five inches in circumference) or more measured at a point
fifty-four (54") inches above the base ofthe trunk on the uphill
side.
(2) The plan must identify those water courses, natural features, and
areas of trees meeting the described criteria which are to remain
and those which may be altered or rejiaoved.
2. Deed Restrictions, Conditions, and Covenants. Proposed restrictions to be filed
in the county deed records, in outline form, such as deed restrictions, conditions,
covenants and restrictions, and home owners'association agreements. The outline
restrictions shall identify:
a. The time at which the restrictions will be filed in the county deed records;
b. Generally, who will have authority to enforce the restrictions;
c. Specifically, which restrictions, if any, are proposed to be enforceable by
the city;
d. The time at which the restrictions will become enforceable; and
e. Which restrictions, if any, will not be subject to amendment without the
consent of the City.
3. Circulation Plan and`i'ratffe Impact Analysis. A Circulation Plan and Traffic
Impact Analysis identifying likely circulation patterns and traffic impacts from
traffic generated by the development including patterns and impacts with in the
development, in the area surrounding the development and in other affected areas
of the city.
F. Dedications. A general description of property intended to be dedicated to the city or
public, other than street right-of-ways, including proposed dedication restrictions.
F. Narrative description. A narrative description of the planned unit development and the
manner in which it meets the purpose set out in subsection 4.10.010.
G. Ownership. A statement describing the present and proposed ownership.
1.1. Phase Plan. A statement whether the applicant proposes to submit the final master plan for
review as a single master plan or in phases. The statement shall include the following:
1. Date or dates by which the applicant proposes to submit the final master plan or
final master plan phases for review
2. Date or dates by which the applicant anticipates that the development and related
improvements or each phase thereof will be substantially completed.
4.10.110 Review Of Preliminary Master Plan
A. Following submission or resubmission of a preliminary master plan, the Zoning
Administrator or designee shall determine whether the plan is complete pursuant to the
submittal requirements of subsection 4.10.100.
1. If the application is determined to be incomplete, the Zoning Administrator or
designee shall provide the applicant with a description of the additional materials
required to make the application complete.
B. The "Zoning Administrator or designee shall review the preliminary master plan, shall seek
comments on the plan from potentially affected governmental units and agencies, and shall
report to die Planning and Zoning Commission the comments ofthe committee members
and of those governmental units and agencies that submit comments.
1. '['he determination of the Zoning Administrator the Zoning Administrator or
designee shall be in writing(including email).
4.10.120 Planning And Zoning Commission
A. Authority.
1. Commission. The Planning and Zoning Commission shall review the plan and
comments in public hearings and make a recommendation to the City Council to
either approve.approve with conditions, or disapprove of the Preliminary Master
Plan, Planned Unit Developments in any residential or commercial cone, or any
combination of them, subject to the provisions of this section.
2. City Council. The City Council shall have the authority to approve, approve with
conditions, or disapprove planned unit developments in any residential or
commercial zone, or any combination of them, subject to provisions of this
section.
B. Conditions. The Planning and Zoning Corrunission, in recommending, and the Council in
approving a preliminary master plan, may attach conditions it finds are necessary or
appropriate to carry out the purposes of this title.
C. The Planning and Zoning Commission shall state its decision and its reasons in writing.
4.10.130 Commission And City Council Consideration Of Master Plan
The Commission shall recommend the plan to the City Council '[fit finds that the plan meets all of
the following criteria.
A. Comprehensive Plan. The proposed planned unit development is in compliance with the
City's comprehensive plan and will be substantially compatible with existing development
in the surrounding area.
B. Adjacent Land. The undeveloped land in the surrounding area can be developed in a
manner substantially compatible with the proposed planned unit development.
C. Densities. The proposed number of residential units does not exceed the maximum
permitted number of residential units.
1. Where a PU D is located over more than one zone, the plan is allowed to have a
weighted balance of the densities for each zone(including density bonuses).
D. Buffers. Like zoning buffers should be provided at borders of other properties not
included in the PUD. Example: if a PUD was created that consisted of a LDR3 zone and a
MDR2 zone, then six-plex housing units should not be placed directly adjacent to the
adjoining LDR3 zone. A buffer of twin homes (allowed in LDR3)or open space should
be used as a buffer. Rear yards of six-plex units might be considered as sufficient buffering
if fenced and landscaped with trees.
1 . `Time Schedule. The number of years proposed for completion of the development or each
phase of the development is reasonable, taking into consideration the possibility of
changing land use patterns in or requirements of the city over time.
F. Expiration Date. In order to ensure that the development will be compatible with land use
patterns and requirements of tile city at the time of approval of a final master plan, the
Planning anti Zoning Comnission shall recorruitend and the Council shall establish an
expiration date for:
1. The preliminary master plan approval,not sooner than two years after approval of
the preliminary master plan
2. May impose conditions requiring that a final master plan or phases thereof be
submitted for commission review within a specified period or periods of time,not
sooner than one year atter approval of the preliminary master plan.
3. Or may impose conditions requiring commission and Council re-evaluation of as
yet unbuilt portions of the development, for conformity with then-existing city
zoning ordinance requirements in relation to then-existing conditions, not sooner
than five (5) years after approval of the preliminary master plan, and at such
periodic intervals of not less than five(5)years therealler as the Commission and
Council deem appropriate to ensure confonnity.
G. Negative Impacts. Construction of the development can be accomplished in a manner that
does not create unreasonable negative impacts on the area surrounding the development or
in the city. In order to assure the avoidance or mitigation of negative construction impacts
on the area surrounding the development or in the city, the Planning and Zoning
Commission and Council may impose conditions including but not limited to:
1. Requirements that removal of existing landscaping during construction be limited
to areas of the planned unit development to be constructed shortly following
removal and to portions of those areas on which construction will occur;
2. Prohibitions of'open burning on the site during construction;
3. Restrictions on construction noise;and
4. Restrictions on construction traffic.
5. In order to assure the avoidance or mitigation of negative impacts,the Planning
and Zoning Commission may require the filing of restrictions in the county deed
records including but not limited to restrictions:
a. Prohibiting the removal of'specified landscaping; and
b. Prohibiting open burning during construction.
H. Public Utilities. Street, water, sewer, drainage and drainage pre-treatment, storm water
detention, and other similar facilities in the area surrounding the development and in the
city are or will be adequate to provide for the health, safety and welfare for the
developments population densities and the type of development proposed, taking into
consideration existing and projected future demands out those facilities.
1. Landscaping. At least twenty (20%)percent of the gross area is dedicated to landscaping.
1. For purposes of computing area dedicated to landscaping, dedicated open space
and protected resource areas may be treated as area dedicated to landscaping, but
parking areas may not.
4.10.140 Changes Of Approved Preliminary Master Plan
A. Extension of Approved Preliminary Master Plan. Prior to expiration of an approved
preliminary master plan, the Planning and Zoning Commission may recommend and the
Council may, on receipt of an application applying to the as yet unbuilt portions of the
development, extend the expiration date provided that tine extension will be consistent with
then-existing city zoning ordinance requirements; in relation to then-existing conditions.
1. If an approved preliminary master plain expires, whe4u r as to the entire area
proposed for development or as to as yet unbuilt portions of the development, then
a complete new application trust be submitted prior to reconsideration. An
application for reconsideration shall be treated as an original application and shall
be subject to all of the procedures of this section, including but not limited to the
requirement of a hearing before the Planning and Zoning Commission and
consideration by the City Council.
B. Modification of Approved Preliminary Master Plan. The Planning and 'Zoning
Commission may recommend, and the Council may, on receipt of an application applying
to the as yet unbuilt portions of the development, approve a modification to an approved
preliminary master plan provided that the modifications will be consistent with the then-
existing city zoning ordinance requirements, in relation to then-existing conditions.
1. "Spirit"of Master Plan. If the modification as detennined by the 'Zoning
Administrator or Designee is deemed to be "in the spirit" of the original Master
Plan, then a request to the Planning and Zoning Commission is not required.
C. Extension or Modification Procedures & Submittals. Extensions or modifications of
an approved preliminary master plan shall be subject to all of the procedures set out in
the subsections of this section, including but not limited to the requirement of a hearing
before the Planning and Zoning Commission, and consideration by the City Council,
except that the application materials required to be submitted shall be only such materials
supplementing the original application as are needed to demonstrate that an extension or
modification will meet the criterion established by this subsection.
4.10.150 Final Master Plan
Following preliminary master plan approval, and prior to issuance of a development permit and
commencement of development,a Final Master Plan must be submitted to and approved by City
Staff.
A. Phases. The final master plan may be submitted in development phases;provided. that;
I. F,ach phase can exist as a separate entity capable of independently meeting all
requirements and standards of this section and ol'the underlying zones in which
the PUD is located:or
2. Prior to the development of any phase that will not exist as a separate entity
capable of independently meeting the requirements and standards, restrictions
enforceable by the city and in a fomt approved by the city have been tiled in the
county recorder's office, such as conditions, covenants, and restrictions.
a. The restrictions shall be applicable to other areas of the planned unit
development not yet proposed for development, and shall be sufficient to
assure that:
(1) The area within the phase proposed for development, when
combined with the area not yet proposed for development, as
subject to the deed restrictions, can exist as a combined entity
capable of independently meeting the requirements and standards,
(2) The phase has met any applicable re-evaluation requirement
imposed during the preliminary master plan approval process, and
(3) The separate development of phases will not be detrimental to the
total development nor to the adjacent properties in the event the
remainder of the development is not completed.
B. Consistent with Preliminary Master Plan. The final triaster plan must be in sufficient
detail to allow the City Staff to determine whether the final master plan is consistent with
the preliminary master plan and whether the final master plan meets all conditions
applicable to the preliminary master plan.
4.10.1 b0 Final Master Plan Approval
City Staff shall approve, or approve with conditions, the final master plan if it is detennined that the
plan meets all of the following criteria:
A. The plan is consistent with the preliminary master plan and all conditions applicable to it;
B. All utility systems and landscaping conform to city and state standards or are approved by
the City Engineer;
C. If the final master plan is for a phase of the total planned unit development, the criteria for
phasing stated in 4.10.180.u. will be met.
4.10.170 Requirements 1�ollowing Master Plan Approval
Upon approval the development shall be strictly in accordance with the plan.
A. Certified Print to City Recorder. A certified print of the approved final planned unit
development master plan shall be provided by the applicant without charge to the office of
the city recorder.
B. Major Changes. Except as provided in this Section, proposals to make changes in the
final master plan after it has been approved shall be considered the same as a new PUD
application and shall be permitted only in accordance with all of the procedures set out in
this section.
1. The application materials required to be submitted shall be only the materials to
supplement the original application to identify the proposed changes and to
demonstrate that the changed planned unit development will meet the criteria
established by this section.
C. Minor Changes. Proposals to make minor changes in the final master plan after it has
been approved may be approved by the Planning and Zoning Commission or designee.
1. Minor Definition. Minor changes consist only of changes that will not have
public visibility and that do not increase densities,do not change boundaries, do
not change any uses, and do not change the location or amount of land devoted to
specific land uses.
D. Record with Madison County. A final PUD subdivision plat shall be filed with and
approved by the City in accordance with the final platting requirements of'City of Rexburg
subdivision code and recorded with Madison County, within one year of the approval of a
final mater plan.
1. Extension. One extension of'time may be granted, for good cause, by the
Planning and Zoning Connmission if such extension is authorized by the
conunission prior to the expiration of the one-year period, and provided such
extension not exceed one additional year. No additional extensions may be
granted.
2. Void. One year after the approval of the final master-plan, if a final PUD is not
filed, approved and recorded as required by this section, then the planned unit
development approval shall become void as of the date the filing requirement no
longer can be met.
E. Development Agreement, Financial Security, & Development Permit. Prior to
commencement of development, the developer shall provide to the city (as required by the
City Engineer)an irnprovement agreement and financial security instrument,as described
in the City of Rexburg subdivision ordinance and shall obtain a development pennit.
4.10.180 Submission Of Preliminary Subdivision Plat
A. If an approved Preliminary Planned Unit Development Master Plan provides for the
subdivision of land within the planned unit development,then within such period or
periods of time as required by the Preliminary Planned Unit Development Master Plan
approval, an applicant shall file a Preliminary Subdivision Plat for the planned unit
development or for phases of the development, if phasing is permitted.
L The submittal requirements,procedures and approval requirements for the
preliminary subdivision plat shall be as set out in City of Rexburg subdivision
code. (See chapter 10.)
4.010.190 Density Bonuses
Density in excess of the base density for the underlying zone may be considered for projects which
comply with the bonus density design requirements.
A. The amount of density bonuses shall be determined by the type of bonus density design
requirements incorporated in the development proposal.
B. In no case shall the density bonus exceed the maximum density (per net developable acre
NDA) allowed for the zone in which the development occurs according to the following
chart:
ZONE BASE DENSITY MAX.DENSITY
LDR1 3.63 Units/NDA 4.84 Units/NDA
LDR2 8.71 Units/NDA 10.89 UniWNDA
LDR3 10.89 Units/NDA 13.20 Units/NDA
MDR1 16.00 Units/NDA 22.00 Units/NDA
MDR2 20.00 Units/NDA 26.0 Units/NDA
C. Density Bonus Calculation. For applicants requesting a density greater than the base
density, the Planning and Zoning Commission and City Council shall determine whether
the applicant has complied with the necessary design components as provided in this
Section and shall assign density points as applicable.
1. The additional units per acre allowed above the base density for the PUD shall be
determined by multiplying the total number of density bonus points by the density
coefficient of the underlying zone. Tltiis figure is the additional number of units per
acre allowed above the base density. This number when added to the base density
will determine the total density per acre for the project; provided that the number
shall not exceed the maximum density allowed in the zone. (Example: The project
is in an LDRI zone and the design is awarded 75 bonus points. 75 x .0121 =0.91
additional units per acre. 0.91 3.63 (base density)=4.54 maximum units per acre
for the development.)
a. The density coefficient for each underlying zone and the total amount of
Dints needed for the maximum densit x are listed below:
ZON DENSITY MAXIMUM DENSITY
E COEFFICIENT POINTS
LDR1 0.121
LDR2 .0218
LDR3 .0231
MDR100
I .06
MDR
2 06
D. Density Bonus Design Requirements. If greater density is requested above the base
density,a PUD development shall comply with one or more of the following bonus
density design requirements depending upon the desired density increase:
1. The Planning and Zoning Commission shall review and determine if the proposed
design complies with the intent of the design requirement before the points are
granted. The density bonus points for each individual design component are in
parentheses at the end of each requirement.
2. In order to receive a density bonus, the development shall have received bonus
density points frorn at least one(1) design component in cacti of the following
categories: energy efficiency,building design, design theme, parking areas,
recreational amenities, landscaping and open green space.
3. A design component cannot be used to obtain points in more than one category.
4. The density bonus design requirements are as follows:
a. Energy Efficiency
(1) Insulation. All dwellings and main buildings shall have wall and
ceiling insulation that exceeds the requirements of the
International Energy Conservation Code(IECC). Exceeding the
requirernents for doors and window energy efficiency can also be
taken in consideration for density bonus. (IJp to 10 points)
(2) Solar Design. All dwellings are designed with an active or
passive solar fbature. The solar feature shall be a solar water
heater, trombe wail, earth insulation of a majority of the walls, the
building designed so that the main exposure faces south and has
windows to allow solar access, or other features as approved by
the Planning and Zoning Commission. (Single feature per unit
throughout the entire project, up to 20 points. Combination
features per unit throughout the entire project, tip to 30 points)
(3) LEED. Development achieves a Leadership in Energy and
Environmental Design (LEED)certification for Neighborhood
Development through the U.S. Green Building Council
(USGBC). (Up to 40 points)
b. Building Design.
(1) Materials. All facades of each dwelling structure,exclusive of
windows or doors,are clad in long-lasting, high-quality materials
as appropriate for the approved architectural style. Examples of
such materials are stone,brick,stucco,horizontal wood siding,
wood board and batten siding, wood shingles, etc. Facsimiles
such as cementious hardboard(for horizontal siding)and faux
stone(for real stone)will be considered on a case by case basis.
(Up to 20 points)
(2) Roof Materials.Roof materials should also be appropriate to the
style. All roofs of main buildings are clad with wood shingles,
tile,high profile asphalt shingles or slate shingles. Other high
quality products may be considered on a case by case basis. (Up
to 15 points)
c. Design Theme
(1) Installed Landscaping. Landscaping is designed and installed
along all streets of the development according to a theme which
provides units and interest. (Up to 20 points)
(2) Theme Lighting.Theme lighting is used throughout the
development for street lighting,lighting of walkways,parking
areas,entrances and building exteriors. (Up to IS points)
(3) Fencing. Perimeter fencing is used throughout the project that
matches the building design, i.e.,masonry columns or piers using
the same brick or stone as the buildings. (Up to 10 points)
(4) Special Features. Special features such as fountains,streams,
ponds, sculptures, buildings or other elements which establish a
strong thetrtc for the development and are utilized in highly visible
locations in the development. (Up to 20 points)
(5) Shared Theme.Wide range of housing(e.g. apartments,condos,
medium density, low density,and mixed use)share an
architectural and landscaped theme. (Up to 20 points).
d. Parking Areas
(1) Screening. Parking lots of twenty(20)or more stalls are screened
from view by means of benning or landscaping around the
perimeter of the parking lot.(Up to 20 points)
(2) Landscaped islands. Parking lots oftwenty(20)or more stalls
or a continuous row of parking over ninety(90') feet in length has
a landscaped island(s)which provides landscaping at a ratio of
(1:13) 1 square foot of landscaping per 13 square feet of hard
surface.(Up to l5 points)
(3) Shade'Tret%.Areas with five(5)or more uncovered parking
stalls are designed to include,at a minimum, two(2")inch caliper
trees located in such a manner as to shade fifty(50%)percent of
the parking area upon maturation of the trees. (Up to l5 points)
(4) Permeable Surfaces. Surlaces for parking and maneuvering
other titan the public right-of-way using materials such as
grasscrete,or similar are utilized in appropriate locations. Material
and installation details must be reviewed and approved by the
City Engineer. (Up to 15 points)
(5) Parking Area Location. Locate all off-street parking at the side
or rear of buildings, leaving building fi-ontages and streetscapes
free of parking facilities. (Up to 10 points)
(6) Bicycle Parking. For any nun-residential buildings or multi-
family, residential buildings that are part of rite proposal,provide
bicycle parking spaces,equivalent to ten(10%)percent of the
total automobile parking on site.
(A) Bicycle parking must be within fifty(50')abet of the
entrance to the building that it services. (Up to 10 points)
(B) Sheltered bicycle parking.(Up to 20 points)
e. Recreational Amenities
(1) Active Recreation.The PUD includes a recreational amenity
primarily for the use of the residents of the development.
Amenities may include swimming pools,sports courts,spas,
barbecue and picnic facilities,or other features as approved by the
Planning and'Luning Commission.
(A) The Planning and Zoning Connnission may determine
the points based on the cost of the amenity, its benefit to
the residents of the development, its size,and the number
of amenities in the development. (Between 5 to 35 points)
(2) Common Building or Facilities.Development of a common
building which shall be used for meetings, indoor recreation,day
care, or other common uses as approved by the Planning and
Zoning Commission. RV parking facilities may also be
considered with this design feature. (Up to 20 points)
(3) Park Dedication. Dedication of land for public park,public
access along a stream,or public access along a planned trail.
(A) The City must be willing to accept the proposed
dedication before points are awarded. (Public access up
to 15 points. Public Park up to 40 points)
(4) Construction of Trail or Park.Construction according to city
standards of trail or park which has been dedicated to the City
according to item number(3i.)above. (Trail 15 points, public park
40 points)
(5) Riparian Areas. Itiparian areas along rivers and streams are
preserved with natural and native landscaping to encourage
continued use of these areas as wildlife corridors. (Up to 15
points)
f. Landscaping
(1) Extra Trees. Desigm and planting more than the minimum
number of trees, shrubs, and perennials per dwelling unit in the
development. (Up to 1-0 points)
(2) Soften Fence Appearance. Areas which are to be screened use a
SUhd non-see-through vinyl or masonry fence and landscaping
which acts to soften the appearance or the fence. Landscaping
may be vines, shrubs, or trees. (Up to 15 points)
g. Open Green Space
(1) Designed Plan. Open green space is designed (not leliover space
between buildings) and flows uninterrupted through the entire
development linking dwellings and recreation amenities. (Up to
25 points)
(2) Ntultiple Use. Storm water detention fiacilities are designed and
used for multiple purposes which blend Nvith the overall theme of
the open space design (i.e., shape of the area is free flowing, and
the grading and landscaping are carried out in such a manner that
the use as a detention pond is not discernible.)(Up to 20 points)
(3) Native Plants. Native plants are used for common open space
elements. (Up to 15 points)
(4) Drought Tolerant Plants. Drought tolerant plants are used for
common open space elements. (Up to 10 points)
h. Public Streets.
(1) All streets within the development(except the streets required by
the City to be dedicated) are open to public use, but privately
maintained. (Up to 25 points)
i. Housing. Mixed housing types, (e.g. apartments, condos, medium density,
low density, and mixed use)are incorporated in the development with the
intent to allow aging in place and appropriate mixes of socioeconomic
groups. (Up to 40 points)
4.10 »t ANT iED 7 NIT TC[/ni 1lDa fCI.TT(PUD)
(Repealed)
449.010 Putpose Arid Objeefive (Repealed)
4.10.020 AppReability (Repealed)
(Repealed)
4.910.049 w,rinin-...__ Area.. (Repealed)
4.910.050 I=ot Density(Repealed)
4.019.060 S"dafd (Repealed)
(Repealed)
4.919.980 I=andseaping Per Un (Repealed)
4.019.090 Pre Applieatien Genfefetiee (Repealed)
F44B DESIGN
(Repealed)
4.10.4 99 Pmliminary Master Platt Appheatia (Repealed)
4.10.119 Review Gf Preliniinary Master Pia (Repealed)
(Repealed)
(Repealed)
(Repealed)
n 10.150 Final M,.sier P1 (Repealed)
4.19.169 Final Master PiftnAppt;e (Repealed)
4.10.4 49 Reqttirements Following Nilastef Plan Appfevft (Repealed)
4.10.180 Submission Of Preliminffy Subdivisian Pla (Repealed)
4.919.490 Density Banuse (Repealed)
AH ��aning StandftFds apply. (-See 3.01 3.9-6)
All Residential Standards apply. *e 4.
SECTION 27: AMENDMENT "8.04.130 Project Plan Approval'of the
Rexburg Development Code is hereby ainended as follows:
AMENDMENT
8.04.130 Project Plan Approval
(See subsection 3.02.130.)
Infrastructure Plan approval.Infrastructure plan approval at the Planning and Zoning
Commission level is mandatory before consideration of a RBD Zone change request may be
initiated.
SECTION 28: AMENDMENT"9.02.040 Zoning Districts,Zoning Map,Zoning
Tables,Land Use Schedules"of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
9.02.040 Zoning Districts,Zoning Map,Zoning Tables, Land Use Schedules
A. Zoning districts authorized in the Area of impact comprise two specific categories:
1. All existing zones listed in section 3.1 of this ordinance and described in chapters
3-9 hereof.
B. Zoning Map. The zoning map shall designate the zoning districts in the Area of City
Impact of the City of Rexburg and shall be made a part of this ordinance by reference.
C. Compliance with this Section. Infrastructure Plans, subdivision requirements,annexation
and development agreement shall include provision for installation and continued
maintenance of all buffers and compliance with all city and county ordinances applicable
within the Area of City Impact.
SECTION 29: ADAPTION "10.01.040 Master Plan"of the Rexburg
Development Code is hereby added as follows:
ADOPTION
10.01.040 Master Plan(Added)
A. Large Parcel with Multiple Landowners. If large parcels of land are sold to multiple
parties, a Planned Unit Development of the entire area is required.
B. Subdivision. If a proposed subdivision is part of a larger area intended for development,a
Planned Unit Development of the entire area is required.
SECTION 30: AMENDMENT"10.2 Lot Line Adjustment"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.2 Lot Line Adjustment
A. Purpose: Trade or Sale to Straighten Boundaries.The exchange of land for the
purpose of straightening property boundaries or by adding land to existing parcels by trade
or sale which does not result in change of the present land use or in any way result in land
parcels which do not meet existing zoning regulations.
1. Lot Line Adjustment.A lot line-adjustment which does not reduce the area,
frontage, width,depth,or building setback lines to fall below the minimums
required by the zoning regulations. Land with two(2)legal descriptions stays as
two(2)legal descriptions,but the descriptions are amended.
2. Lot Combination.The combining of two established lots into a single lot. Land
with two (2)legal descriptions will be described with one(1) legal description.
3. Lot Split.A single lot divided into two separate lots. Land with a(1)single legal
description will be described with two (2)legal descriptions.
B. Application.A Lot Line Adjustment application shall be submitted for all lot line changes
including lot splits, lot combinations and lot line adjustments via the city's Public Portal.
1. Legal Descriptions. Legal Descriptions shall be submitted with the application
describing the new lots or new lot configuration.
a. Legal Descriptions shall be consistent with a land survey and shall
describe the metes and bounds of each lot to close,or consist of
previously approved lots.
2. Proof of Ownership.Applicant shall submit proof of ownership. If Applicant is
not the owner,an Affidavit of Legal lnterest, signed and notarized by the owner,
shall be submitted.
C. Pay Fees.Persons filing an application within the City of Rexburg shall first have paid all
fees as established by resolution of the Council.
1. Such fees may be reviewed and changed by resolution of the Council at such time
as the Council deems necessary.
D. Certification.Upon receipt of the application and all required documents as provided
herein,the City shall certify the application as complete and shall affix the date of
application acceptance thereon.
E. Reviews.Once the Application is complete,the City shall transmit a copy of the
application and the submitted documents to its various departments and such other
agencies that have jurisdiction or an interest in the proposed adjustment for their review
and recommendation.
1. If no written reply is received from any of the various departments or interested
agencies within ten business(10)days from the date of notification, approval of
the Plat by such department or agency will be considered granted.
F. The application shall be considered by the Zoning Administrator or designee.
G. Notify Applicant.Staff shall submit to the applicant within 10 business days, notice of
acceptance or needed revisions in writing.
1. Revisions. If revisions are requested, applicant shall resubmit documents needing
revisions and the review process shall begin again.
H. Approval.Applicant shall take approval letter and approved legal descriptions in a deed to
Madison County for recording.
1. Communicate to City. Recording number is communicated by the Applicant to the City
Planning&Zoning office to finalize permit.
SECTION 31: AMENDMENT "10.03.010 Pre-Application"of the Rcxburg
Development Code is hereby amended as follows:
AMENDMENT
10.03.010 Pre-Application
Before filing an application for a Plat,the Applicant will submit a concept drawing and any
additional data to communicate intentions and plans and meet with the Economic Development
Team.The Economic Development Team will communicate anyinformation,which the Applicant
should be aware of.
SECTION 32: AMENDMENT "10.03.020 Subdivision Submittal"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.03.020 Subdivision Submittal
A. Zone Changes.Before platting of the development,all required zoning changes shall be
obtained.
B. The sub-divider may cause the subdivision,or part therof to be surveyed and a Plat
prepared.
C. Application. If the sub-divider elects to proceed with the platting process,he shall file
with the City Planning and Zoning Office, one(1)digital copy of the Infrastructure Pland
and one(1)digital copy of the Plat in .pdf AutoCAD format. with Proof of Ownership,
Covenants,Conditions and Regulations. the Landscaping Plan and Drainage Calculations.
A Traffic Study should also be submitted if it is required by the City Engineer. (See section
10.6.)
1. Infrastructure Plans.(See Subsection 10.03.050.)The Infrastructure Plan
shall include the plans and specification for all proposed improvements that
are required for that portion of the subdivision included in the Plat as
required for this Ordinance and all others required by the City Engineering
Department(See Section 10.5.)
2. Plat.The sub-divider shall file the Plat,bearing all required certificates,
acknowledgements and signature blocks of the owner,surveyor,reviewing
surveyor and others as determined by the Planning&Zoning department. (See
subsection 10.02.070.C.)
a. The Plat must contain a statement of dedication of all streets,alleys,
drainage ways,pedestrian ways,and other easements for public use by the
person holding title of record and by persons holding title as vendees
under land contract. lands dedicated are mortgages, the mortgagee shall
sign the plat.
(1) Acknowledgement.Execution of dedication shall be
acknowledged and certified by a notary public.
3. Proof of Ownership.current title report or other evidence acceptable to the City
showing proof of ownership of the tract of land being platted shall be part of the
application submission.
4. Covenants,Conditions and Regulations(CC&R's)shall be submitted with the
Plat.
5. Landscape Plan. (See 10.06.030)
D. Pay Fees. Persons filing a subdivision plat within the City of Rexburg shall first have paid
all fees as established by resolution of the Council. Such fees may be reviewed and
changed by resolution of the Council at such time as the Council deems necessary.
E. Incomplete Application. the application is determined to be incomplete, the Zoning
Administrator or designee shall provide the applicant with a description of the additional
materials required to make the application complete.
F. Certification.Upon receipt of the Plat and all required data as provided herein,the City
shall certify the application as complete and shall affix the date of application acceptance
thereon.
SECTION 33: AMENDMENT"10.03.040 Subdivision Consideration"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.03.040 Subdivision Consideration
A. Commission Action.The Plat shall be placed on the Commission agenda for
consideration at the next available regular meeting.
1. Review.The commission shall review the application and comments from the
review agencies for compliance to the City's Comprehensive Plan,Development
Code,and applicable ordinances.The Commission shall determine if further
action will be necessary to complete the review and make recommendations to
City Council.
2. Amendment.If the Commission determines that an amendment must be made to
the Comprehensive Plan and/or the Zoning Ordinance to approve the application,
the Commission shall follow the procedures detailed in Idaho Codes 67-6509.
3. Recommendation.The Commission will recommend to City Council the Plat be
approved,approved conditionally,or disapproved within thirty(30)days after the
date of the meeting at which the Plat is first considered.
a. The Commission,will then send a copy of the Plat and the Commission's
findings or Reasons for Decision to the City Council.
b. Reasons for Decision. The reasons for such decision shall specify:
(1) the ordinance and standards used in evaluating the application
(2) the reasons for approval or denial;and
(3) the actions,if any,that the applicant could take to gain approval
of the proposal.
B. Council Action. Upon receipt of the Plat and related documents,and all other data as
required herein,the Council shall thereafter place the Plat on their next available agenda
for consideration at a regular meeting held not less than fourteen(14)days upon the report
of the Commission.
1. If said Plat conforms to the requirements of this Ordinance and the Idaho Code,
the Council shall consider the approval of the Plat.
2. Testimony.The Council may hear testimony of the representatives of the
Commission and witnesses, including interested citizens affected by the proposed
subdivision.
3. Findings.The Council shall base its findings upon the repdrt and testimony
presented before it and declare its findings. It may sustain,modify,or reject the
recommendations of the Commission,and make such findings as are consistent
with the provisions of this ordinance and the Idaho Code. The reasons for such
decision shall specify;
a. the ordinance and standards used in evaluating the application
b. the reasons for approval or denial;and
c. the actions, if any,that the applicant could take to gain approval of the
proposal.
4. Dedications Accepted. At the time of approval and recording of the Plat, the
Council shall accept the dedications shown thereon. The Council shall also,as a
condition precedent to the approval of any plat, require the sub-divider either to
improve or agree to improve the streets and all other public improvements by
furnishing a Surety Bond or satisfactory agreement in accordance
withaccordancewith.Standard Drawings and Specifications and the Infrastructure
Plan as defined in the Development Agreement.
a. To complete the acceptance of any dedication of land,the owner shall
furnish to the Council, a deed conveying such lands to the City.
(1) The City will record the deed with the County Recorder.
b. The Council shall make such findings as are consistent with the provisions
of this Ordinance and the Idaho Code.The Reasons for such Decision
shall include:
(1) the Ordinance and standards used in evaluating the application
(2) the reasons for approval or denial;and
(3) the actions,if any,that the applicant could take to gain approval
of the proposal.
5. Reasons for Decision. The reasons for such decision shall be stated in writing,a
copy of which shall attached to one(1)copy of the Plat and returned to the sub-
divider.
SECTION 34: AMENDMENT"10.03.080 File With County Recorder"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.03.080 File With County Recorder
The Plat shall be filed with the County Recorder within six(6)months after approval by the
Council,otherwise such approval shall become null and void unless an extension of time is applied
for and granted.
A. Communicate to City. Recording number is communicated to the City Planning&
Zoning office to finalize permit.
B. Extension.One extension of time may be granted,for good cause, by the Planning and
Zoning Commission if such extension is authorized by the Commission prior tot he
expiration of the six(6)month period,and provided such extension not exceed an
additional six(6)months.
1. Consistent with Zoning.Also,provided that the extension will be consistent
with then-existing city zoning ordinance requirements, in relation to then-
existing conditions.
2. No additional extensions may be granted.
C. Expiration.If an approved Plat expires,whether as to the entire area proposed for
development or as to yet unbuilt portions of development,then a complete new application
must be submitted prior to reconsideration.
1. An application for reconsideration shall be treated as an original application and
shall be subject o all of the procedures of this chapter.
SECTION 35: ADOPTION "10.03.090 Building Permit" of the Rexburg
Development Code is hereby added as follows:
ADOPTION
10.03.090 Building Permit(Added)
Once a subdivision has been recorded with Madison County,an Applicant may apply for a
Building Permit. (See 1.04.070.)
SECTION 36: RENUMBER"10.03.090 As-Built Plans"of the Rexburg
Development Code is hereby renumbered as follows:
RENUMBER
0.0 .090 As-Built Plans
10.03.100 As-Built Plans
SECTION 37: RENUMBER"10.03.100 D.E.Q Prior To Construction"of the
Rexburg Development Code is hereby renumbered as follows:
RENUMBER
10,03.100 D.E.Q Prior To Construction
10.03.110 D.E.Q Prior To Construction
SECTION 38: AMENDMENT "10.04.030 Required Improvements For
Infrastructure"of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.04.030 Required Improvements For Infrastructure
A. Engineered Plans. Infrastructure Plans must be done by an Idaho Registered Engineer,be
approved for individual subdivisions by the City Engineer,must comply with the adopted
Design Standards and Specifications of the City, and must be approved by the
Departments of Environmental Quality(D.E.Q.)and District 7 Health.
B. Standard Drawings and Specifications.The following will need to be in compliance
with the adopted Standard Drawings and Specifications of the City. The following
improvements shall also be approved for individual subdivisions by the City Engineer.
I. Pedestrian ways
2. Public Sites, Open Spaces,and Natural Features
3. Water Systems
4. Fire Hydrants
5. Wastewater Systems
6. Storm Water Disposal
7. Monuments
8. Curb,gutter,and street improvements
9. Street signage
10. Street lighting
C. An Infrastructure Plan shall be drawn to scale shall show the following:
1. the actual dimensions and the shape of the lot to be built upon;
2. the exact size and location of existing buildings on the lot, if any;
3. the exact location and dimensions of the proposed building,sidewalk,driveway,
carport, parking area or any other structure or alteration;
4. the location, layout and access of proposed on-site parking;
5. Number and dimensions of off-street parking spaces and loading berths
6. the location and type of landscaping,fencing and screening proposed on the lot;
7. Proposed water and sewer facilities
8. Existing and proposed easements
9. All other data indicated in Section 10.5.
SECTION 39: AMENDMENT"10.05.010 Plat Data"of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.05.010 Plat Data
A. Form of Presentation. The following information is required as part of the Plat submitted
and shall be shown graphically,or by note on plans, or by letter, and may comprise several
sheets.
1. Format. All work shall be submitted as a digital copy in AutoCAD format.
B. General Mapping
1. Scale. All mapped data for the same plat shall be drawn at the same standard
engineering scale, having no more than one-hundred (100)feet to an (I") inch
unless otherwise approved as to scale.. The scale shallscaleadjustedshallto produce
an overall drawing measuring eighteen inches by twenty-seven(18"x 27")inches.
(Idaho Code 50-1304)
2. North Arrow (Idaho Code 50-1304),and Date of the Plat preparation.
3. Name and Location. Proposed name of subdivision and its location by section,
township,range and county. (Idaho Code 50-1304)
4. Dimensions. All dimensions shall be expressed in feet and decimals.
a. All required data to accurately calculate any curvilinear dimensions shown
on the Plat.
b. Survey Markers. (See subsection 10.04.030.)
c. Boundaries. Boundaries of the tract to be subdivided shall show
dimensions. (Idaho Code 50-1304)
5. Legal Description. A legal description of the exterior boundary of the
subdivision. (Idaho Code 50-1304)
a. Boundary. Boundaries of the tract to be subdivided fully balanced and
closed, showing all bearings and distances determined by an accurate
survey in the field.
b. All boundary corners are also to show state plane coordinates.
c. Bearing and distance ries to two(2)section corners or quarter section
corners and a description of the corners. Show basis of bearing.
6. Excepted Parcels.Any excepted parcel(s)within the plat boundaries shall show
all bearing and distances, determined by an accurate survey in the field.
7. Cardinal Point. Location and description of cardinal point to which all
dimensions, angles, bearing,and similar data on the plat shall be referenced.
8. Vicinity Map. Vicinity Map drawn to scale of 1"equal 800',clearly showing
proposed subdivision's configuration in relationship to adjacent subdivisions, main
arterial routes,collector streets, etc.
C. Contact Information.
1. Sub-divider. Name,address,and phone number of sub-divider
2. Engineer or Land Surveyor. Name,address,and phone number of engineer or
land surveyor
D. Listed Items
1. Zone. By note,the existing zoning classification of tract. (Idaho code 50-1304)
2. Acreage. By note,the acreage of the tract.
3. Area Coverage.
a. Area coverage of existing and proposed structures.
b. Permeable Surface.Area coverage of concreteofconcreteconcreate or
asphaltic cement or other material creating an impervious surface for each
yard listed separately:front,side and rear yard.
E. Lots&Blocks.All lots and blocks shall be numbered throughout the Plat in accordance
with Idaho Code. (Idaho Code 50-1304)
1. "Exception", "tracts" and "private parks", shall be so designated, lettered,or
named and clearly dimensioned.
2. Typical lot dimensions to scale;dimensions of all corner lots and curvilinear
sections of streets
3. Each lot numbers individually;total number of lots.
F. Streets,Public Areas,and Permanent Structures.Location,widths and names of all
platted streets,railroads,utility right-of-way of public record,easements(Idaho Code 50-
1303),public areas,permanent structures to remain including water wells,and municipal
corporation lines within or adjacent to tract.
1. Easements.Show location, width and use of all easements for rights-of-way
provided for public services or utilities and any limitations of the easements.
(Idaho Code 50-1304)
2. Public Use Areas.Designation of all land to be dedicated or reserved for public
use with use indicated.
a. Future Acquisition.Where it is determined that a proposed park,
playground, school or other public use as shown on a future acquisition
map, as authorized in Idaho Code,is located in whole or in part within a
proposed subdivision,the Commission shall notify the appropriate public
agency concerning the land proposed to be acquired.
(1) Suspend Consideration.Within thirty(30)days of the date of
notice,the public agency may request the governing body to
suspend consideration on the proposed subdivision for sixty(60)
days.
(2) No Agreement If an agreement is not reached within sixty(60)
days,the Commission shall resume consideration of the
subdivision.
b. Large Subdivisions.Subdivisions of more than one-hundred(100)units
shall be required to provide at_least ten(10%)percent of the land for
public use at fair market rates at the time of development.
G. Adjacent Subdivisions or Surveys.Name and filing number of any recorded adjacent
subdivision or record of survey having common boundary with the tract.
H. Special Features.Appropriate information that sufficiently details the proposed
development within any special development area, such as hillside,planned unit
development,flood plain,cemetery,mobile home park, large-scale development,
hazardous and unique areas of development.
1. Zoning Classifications. If plat includes land for which multi-family,commercial,or
industrial use,such areas shall be clearly designated together with existing zoning
classification and status of zoning changes,if any.
SECTION 40: AMENDMENT "10.06.010 Planned Unit Developments"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
l 0.09.010 Planned Unit Developments(P.U.D.)(Amended)
SECTION 41: ADOPTION "Purpose And Objectives"of the Rexburg
Development Code is hereby added as follows:
ADOPTION
Purpose And Objectives(Added)
The purpose of this section is to allow Planned Unit Developments in several residential zones to
allow a more flexible approach to land developments than that which is normally accomplished
through the subdivision and zoning ordinances of the city.The planned unit development approach
is intended to provide more desirable environments by encouraging creative site planning and
building designs with several compatible land uses,to make possible greater diversification
between buildings and open spaces,to conserve land and natural resources,and minimize
development cost.A Planned Unit Development follows the Subdivision process and requirements,
with the exception of additional application submittals and data requirements and the requirement
of a public hearing. a Planned Unit Development,bonus points for greater density may be
achieved by identifying building materials,building design and/or site agreements.
SECTION 42: AR-OPTION "Applicability"of the Rexburg Development Code
is hereby added as follows:
ADOPTION
AppIicability(Added)
A. Planned Unit Developments(PUD)s are only allowed in Low-Density and Medium-
Density Residential Zones.
B. Apply Zoning for Permitted Uses.The planned unit development approach is not
intended to allow uses on land within a Planned Unit Development other than uses
permitted within the zone that is applicable to the land,unless otherwise stated in this
ordinance. other than zero lot line clustering.
1. Exception: Up to ten(10%) percent of gross land area may be directed to other
commercial, industrial,public and quasi-public uses that are not allowed within the
land use district;and a minimum of fifty(50%)percent of the residential
development occurs prior to the development of the related commercial or
industrial uses, provided that there is a favorable finding by the Commission the
uses are:
a. Appropriate with the residential uses;
b. Intended to serve principally the residents of the PUD;
c. An integral part of the PUD;
d. Direct Access Roads. Located and so designed as to provide direct
access to a collector or an arterial street without creating congestion or
traffic hazards;
C. Variations to Underlying Zone. Upon combining the PUD zone with an appropriate
existing zone, variations from the development standards of said underlying zone may be
permitted,provided the variations are specifically adopted as part of the approved project
plan or approved supporting documents and do not contradict this subsection, including
zero lot line clustering.
SECTION 43: ADOP'T'ION "Standards" of the Rexburg Development Code is
hereby added as follows:
ADOPTION
Standards(Added)
A. Single Ownership and Control. Unless agreed upon by the Planning&Zoning
Commission, the area proposed for a Planned Unit Development shall be in one(1)
ownership or control during development to provide for full supervision and control of
said development,and to insure conformance with these provisions and all conditions
imposed upon the development plans.
B. Scope of Plan. A plan for the development of a Planned Unit Development shall cover the
entire area proposed for development. If the project is to be done in phases,no remnant
parcels shall be created.
1. Open Space.Areas not proposed for development shall be designated as"open
space" and shall conform to minimum landscaping requirements of this chapter.
a. Clustering. Property developed under the PUD approach should be
designed to abut common open space or similar areas.
2. Natural Features. Developments shall be designed to preserve and incorporate
the natural features of the land into the development. Natural features include
drainage swales, wetlands, rock outcroppings, streams,and concentrated native
stands of large shrubs or trees.
C. Infrastructure Requirements.
1. Utilities. All utilities shall be placed underground, including telephone,electrical,
and television cables.
a. Dwelling units under separate ownership shall have separate utility
metering,unless otherwise approved by the Building Department.
(1) Exception:Apartments &Condominiums
2. Streets and Right-of-way.Development proposal shall adhere to currently
adopted street and right-of-way cross section standards.
3. Trash Storage(See subsection 3.02.120.)
a. Materials.Refuse bins shall be stored in screened enclosures which are
architecturally compatible in style and materials with the character of the
development.
b_ Location.Bins shall be located so they are not visible from outside
circulation routes,and so they do not restrict vehicular movement or
parking.
4. Lighting. Exterior lighting shall be designed such that the light source will be
sufficiently obscured to prevent excessive glare into any residential area.
D. Common Open Space.A minimum of ten(10%)percent of the gross land area developed
in any residential PUD project shall be reserved for common open space and recreational
facilities for the residents or users of the area being developed.
1. Ownership.The required amount of common open space land reserved under a
PUD shall either be held in corporate ownership by the owners of the project area
for the use of each owner,who buys property within the development,or be
dedicated to the public and retained as common open space for parks,recreation,
and related uses.
2. Maintenance.The responsibility of the maintenance of all open space shall be
specified by the developer before approval of the Planned Unit Development and
shall be identified in the Covenants,Conditions and Regulations for the Planned
Unit Development.
3. Further Defined.
a. Trails.Public utility and similar easements or right-of-way for
watercourses and other similar channels are not acceptable for common
open space dedication unless such land or right-of-way is usable as a trail
or other similar purpose and approved by the Commission.
b. Hardscape. Such common open spaces may include walkways,patios,
recreational activity areas,picnic pavilions,gazebos,and water features so
long as such surfaces do not exceed thirty-five(35%)percent of the
required open green space.
c. Common Activity Areas.At a minimum,open green space shall include
either a playground with play equipment or pathways with benches and
tables through a natural or planted landscaped area.
(1) Single-family. Subdivided, one-family lots shall provide
developed common activity area at a ration of 1,000 square feet
per lot.
SECTION 44: ADQPTI0-N"Additional Subdivision Application Submittals"of
the Rexburg Development Code is hereby added as follows:
ADOPTION
Additional Subdivision Application Submittals(Added)
A. AppHeation.Application for a Planned Unit Development shall be submitted to the city's
Planning&Zoning department with the following submittal documents in addition to
those required for a Subdivision.
1. Narrative Description.A narrative description of the Planned Unit Development
and the manner in which it meets the purpose set out in subsection 10.06.010 shall
be submitted at time of application.
a. Ownership.The Narrative Description shall include a statement
describing the present and proposed ownership.
2. Phase P1an.The Planned Unit Development may be submitted in development
phases;provided,that:
a. Each phase can exist as a separate entity capable of independently
meeting all requirements and standards of this section and of the
underlying zones in which the PUD is located;or
b. Prior to the development of any phase that will not exist as a separate
entity capable of independently meeting the requirements and standards,
restrictions enforceable by the city and in a form approved by the city
have been filed in the county recorder's office, such as conditions,
covenants, and restrictions.
c. The restrictions shall be applicable to other areas of the Planned Unit
Development not yet proposed for development,and shall be sufficient to
assure that:
(1) The area within the phase proposed for development,when
combined with the area not yet proposed for development, as
subject to the deed restrictions,can exist as a combined entity
capable of independently meeting the requirements and
standards,
(2) The phase has met any applicable re-evaluation requirement
imposed during the Planned Unit Development approval process,
and
(3) The separate development of phases will not be detrimental to the
total development nor to the adjacent properties in the event the
remainder of the development is not completed.
(4) The phase will meet the criteria of the Phasing Statement for the
total Planned Unit Development.
3. Phasing Statement.The applicant shall provide a statement describing whether
the applicant proposes to submit the Planned Unit Development for review as a
single Plat or in phases. The statement shall include the following:
a. Date or dates by which the applicant proposes to submit the Planned Unit
Development phases for review.
b. Date or dates by which the applicant anticipates that the development and
related improvements or each phase thereof will be substantially
completed.
B. Additional Landscape Plan Data.At least twenty(20%)percent of the gross area shall
be dedicated to landscaping. For purposes of computing area dedicated to landscaping,
dedicated open space and protected resource areas may be treated as area dedicated to
landscaping,but parking areas may not.
1. Landscaping Per Unit.The intent is to have a variety of plant materials to give
color and texture;to direct traffic;to frame views;and to screen undesirable views.
a. Trees and Shrubs Minimum.A minimum of three(3),one and one-half
(1 1/2")inch caliper deciduous trees or four(W)feet tall evergreen trees,
and four(4)shrubs shall be planted for each lot in a PUD subdivision,as
well as building foundation planting of appropriate shrubs,flowers, or
ground covers.
(1) Multi-family.Multiple family PUD's shall provide a minimum of
one(1)deciduous or evergreen tree per two(2)units,and two (2)
shrubs per unit.
b. Placement.
(1) Deciduous Trees.The placement and types of deciduous trees
shall take into consideration use of the trees for summer cooling
and winter solar access.
(2) Evergreen Trees.Evergreen trees should be used as windbreaks,
screening,and accent plantings.
2. Theme.Landscaping in the park strip in the street right-of-way shall have a
unified design theme in PUD subdivisions.
C. Infrastructure Estimated Cost.Infrastructure Plan Data shall include the estimated cost
of street, sewer,drainage and drainage pre-treatment,storm water detention, water,and
other public infrastructure improvements within the planned unit development.
D. Additional Plat Data
1. Label.Appropriate identification clearly stating that the drawing is a Planned Unit
Development;
2. of the Units.
a. Types of proposed housing within PUD
b. Approximate location or locations proposed for each type of housing
c. Housing density proposed at each location
d. An approximate tabulation of all dwelling units by type;
e. Determine Developable Land and Base Density(See subsection Lot
Density.)
3. Description of the Common Areas
4. Density Bonus Chart showing Proposed Points
SECTION 45: ADOPTION "Development Phases"of the Rexburg Development
Code is hereby added as follows:
ADOPTION
Development Phases(Added)
If an approved Planned Unit Development provided for the phasing of land within the Planned
Unit Development,then within such period or periods of time as required by the Phasing
Statement,an applicant shall file a Subdivision Plat for phases of the development according to the
Phasing Statement.
SECTION 46: ADOPTION "Extensions And Changes"of the Rexburg
Development Code is hereby added as follows:
ADOPTION
Extensions And Changes(Added)
A. Submittal.Extensions and major modifications of an approve Planned Unit Development
shall be subject to all of the procedures set out in the subsections of this chapter,except that
the application materials required to be submitted shall be only such materials
supplementing the original application as are needed to demonstrate that an extension or
modification will meet the criterion established by this subsection. (See 10.03.080 for
extensions and expiration)
B. Changes.The Planning and Zoning Commission may recommend, and the Council may,
on receipt of an application applying to the as yet unbuilt portions of the development,
approve a modification to an approved Planned Unit Development provided that the
modifications will be consistent with the then-existing city zoning ordinance requirements
and conditions.
1. Major Changes. Except as provided in this Section,proposals to make major
changes in the Planned Unit Development after it has been approved shall be
considered the same as a new PUD application and shall be permitted only in
accordance with all of the procedures set out in this section.
2. Minor Changes.Proposals to make minor changes in the Planned Unit
Development after it has been approved may be approved by the Planning and
Zoning Administrator or designee.
a. Minor Definition.Minor changes consist only of changes that will not
have public visibility and that do not increase densities,do not change
boundaries,do not change any uses,and do not change the location or
amount of land devoted to specific land uses.
SECTION 47: ADOPTION "Minimum Area"of the Rexburg Development
Code is hereby added as follows:
ADOPTION
Minimum Area(Added)
A. A PUD for the following principal uses shall contain an area not less than:
1. One(1)acre for residential development.
2. One(1)acre for residential use with subordinate commercial or industrial uses.
3. Ten(10)acres for commercial use.
4. Ten (10)acres for industrial use.
SECTION 48: AMENDMENT"Lot Density"of the Rexburg Development
Code is hereby amended as follows:
AMENDMENT
Lot Density(Amended)
A. DetermineDevelopable Land.Density in a PUD shall be determined by using the
"developable land"of the entire proposed development.
1. Developable land is land under 30%slope and land capable of being improved
with landscaping,recreational facilities, buildings,or parking.
2. Subtract Land.Land devoted to Rexburg dedicated street usage in PUD
subdivisions shall not be considered developable acreage and must be subtracted
out of the total acreage used to determine density,as well as areas designated for
the use of churches,schools,and public buildings.
B. Determine Base Density.The maximum number of residential units allowed per
developable acre in a PUD which meets only the minimum development requirements of
this Chapter shall be calculated using the Lot Area Per Dwelling Requirement of the
underlying zone:
1 Zone Lot Area per Dwelling
LDR1 1 Unit per 12,000 square feet
LDR2 1 Unit per 5,000 square feet
LDR3 1 Unit per 4,000 square feet
NOR I Unit per 2,723 square feet
MDR2 I Unit per 2,178 square feet
C. Density Bonus Points.Increased densities may be considered based on design upgrades.
SECTION 49: ADOPTION"Density Bonuses"of the Rexburg Development
Code is hereby added as follows:
ADOPTION
Density Bonuses(Added)
Density in excess of the base density for the underlying zone may be considered for projects which
comply with the bonus density design requirements.
A. The amount of density bonuses shall be determined by the type of Bonus Density Design
Requirements incorporated in the development proposal.
B. In no case shall the density bonus exceed the maximum density(per net developable acre
NDA)allowed for the zone in which the development occurs according to the following
chart:
Zone Base Density Maximum Density
LDR1 3.63 Units/NDA 4.84 Units/NDA
LDR2 8.71 UnitslNDA 10.89 Units/NDA
LDR3 10.89 Units/NDA 13.20 Units/NDA
MDR 1 16 Units/NDA 22 Units/NDA
MDR2 20 Units/NDA 26 Units/NDA
C. Density Bonus Calculation. For applicants requesting a density greater than the base
density,the Planning and Zoning Commission and City Council shall determine whether
the applicant has complied with the necessary design components as provided in this
Section and shall assign density points as applicable.
1. The additional units per acre allowed above the base density for the PUD shall be
determined by multiplying the total number of density bonus points by the density
coefficient of the underlying zone.This figure is the additional number of units per
acre allowed above the base density. This number when added to the base density
will determine the total density per acre for the project;provided the number shall
not exceed the maximum density allowed in the zone.
a. (Example:The project is in an LDR1 zone and the design is awarded 75
bonus points. 75 x.0121 =0.91 additional units per acre.0.91 3.63 (base
density)=4.54 maximum units per acre for the development.)
b. The density coefficient for each underlying zone and the total amount of
points needed for the maximum density are listed below:
Zone Density Coefficient Maximum Density Points
LORI 0.0121 100
LDR2 0.0218 100
LDR3 0.0231 100
MDR i 0.06 100
MDR2 0.06 100
D. Density Bonus Design Requirements. If greater density is requested above the base
density,a PUD development shall comply with one or more of the following bonus
density design requirements depending upon the desired density increase.
1. Approval.The Planning and Zoning Commission shall review and determine if
the proposed design complies with the intent of the design requirement before the
points are granted.The density bonus points for each individual design component
are in parentheses at the end of each requirement.
2. Required Categories. In order to receive a density bonus,the development shall
have received bonus density points from at least one(1)design component in each
of the following categories: energy efficiency,building design, design theme,
parking areas, landscaping,and open green space.
a. A design component cannot be used to obtain points in more than one
category.
E. Density Bonus Design Categories.
1. Energy Efficiency
a. Insulation.All dwellings and main buildings shall have wall and ceiling
insulation that exceeds the requirements of the International Energy
Conservation Code(IECC). Exceeding the requirements for doors and
window energy efficiency can also be taken in consideration for density
bonus. (Up to 10 points)
b. Solar Design. All dwellings are designed with an active or passive solar
feature. The solar feature shall be a solar water heater,trombe wall,earth
insulation of a majority of the walls, the building designed so that the main
exposure faces south and has windows to allow solar access,.or other
features as approved by the Planning and Zoning Commission. (Single
feature per unit throughout the entire project,up to 20 points.
Combination features per unit throughout the entire project,up to 30
points)
c. LEED. Development achieves a Leadership in Energy and
Environmental Design(LEED)certification for Neighborhood
Development through the U.S. Green Building Council(USGBC). (Up to
40 points)
2. Building Design.
a. Materials. All facades of each dwelling structure,exclusive of windows
or doors, are clad in long-lasting,high-quality materials as appropriate for
the approved architectural style.
(1) Examples of such materials are stone,brick, stucco, horizontal
wood siding,wood board and batten siding,wood shingles, etc.
Facsimiles such as cementious hardboard(for horizontal siding)
and faux stone(for real stone)will be considered on a case by
case basis. (Up to 20 points)
b. Roof Materials. Roof materials should also be appropriate to the style_
All roofs of main buildings are clad with wood shingles,tile,high profile
asphalt shingles or slate shingles. Other high quality products may be
considered on a case by case basis. (Up to 15 points)
c. Design Theme.
(1) Installed Landscaping. Landscaping is designed and installed
along all streets of the development according to a theme which
provides units and interest. (Up to 20 points)
(2) Theme Lighting. Theme lighting is used throughout the
development for street lighting, lighting of walkways,parking
areas,entrances,and building exteriors_ (Up to 15 points)
(3) Fencing. Perimeter fencing is used throughout the project that
matches the building design, i.e.,masonry columns or piers using
the same brick or stone as the buildings. (Up to 10 points)
(4) Special Features. Special features such as fountains,streams,
ponds,sculptures,buildings or other elements which establish a
strong theme for the development and are utilized in highly visible
locations in the development. (Up to 20 points)
(5) Shared Theme. Wide range of housing(e.g. apartments, condos,
medium density, low density,and mixed use)share an
architectural and landscaped theme. (Up to 20 points)
d. Parking Area
(1) Screening. Parking lots of twenty(20)or more stalls are screened
from view by means of berming or landscaping around the
perimeter of the parking lot. (Up to 20 points)
(2) Landscaped Islands. Parking lots of twenty(20)or more stalls
or a continuous row of parking over ninety(90')feet in length has
a landscaped island(s)which provides landscaping at a ratio of
(1:13) 1 square foot of landscaping per 13 square feet of hard
surface.(Up to 15 points)
(3) Shade Trees. Areas with five(5)or more uncovered parking
stalls are designed to include minimum two(2")inch caliper trees
located in such a manner as to shade fifty(501/6)percent of the
parking area upon maturation of the trees. (Up to 15 points)
(4) Permeable Surfaces. Surfaces for parking and maneuvering
other than the public right-of-way using materials such as
grasscrete,or similar are utilized in appropriate locations. Material
and installation details must be reviewed and approved by the
City Engineer.(Up to 15 points)
(5) Parking Area Location. Locate all off-street parking at the side
or rear of buildings, leaving building frontages and streetscapes
free of parking facilities. (Up to 10 points)
(6) Bicycle Parking. For any non-residential buildings or multi-
family residential buildings that are part of the proposal,provide
bicycle parking spaces,equivalent to ten(10%)percent of the
total automobile parking on site.
(A) Bicycle parking must be within fifty(50')feet of the
entrance to the building that it services.(Up to 10 points)
(B) Sheltered bicycle parking. (Up to 20 points)
e. Recreational Amenities
(1) Active Recreation.The PUD includes a recreational amenity
primarily for the use of the residents of the development.
Amenities may include swimming pools,sports courts, spas,
barbecue and picnic facilities,or other features as approved by the
Planning and Zoning Commission.
(A) The Planning and Zoning Commission may determine
the points based on the cost of the amenity, its benefit to
the residents of the development,its size,and the number
of amenities in the development. (Between 5 to 35 points)
(B) Common Building or Facilities. Development of a
common building which shall be used for meetings,
indoor recreation,day care, or other common uses as
approved by the Planning and Zoning Commission.RV
parking facilities may also be considered with this design
feature. (Up to 20 points)
(C) Park Dedication. Dedication of land for public park,
public access along a stream, or public access along a
planned trail.
(a) The City must be willing to accept the proposed
dedication before points are awarded. (Public
access up to 15 points.Public Park up to 40
points)
(D) Construction of Trail or Park.Construction according
to City standards of trail or park which has been
dedicated to the City according to subsection
4..10.190.D.8c above. (Trail 15 points,public park 40
points)
(E) Riparian Areas. Riparian areas along rivers and streams
are preserved with natural and native landscaping to
encourage continued use of these areas as wildlife
corridors. (Up to 15 points)
f. Landscaping
(1) Extra Trees. Design and planting more than the minimum
number of trees, shrubs,and perennials per dwelling unit in the
development.(Up to 20 points)
(2) Soften Fence Appearance. Areas which are to be screened use a
solid non-see-through vinyl or masonry fence and landscaping
which acts to soften the appearance of the fence. Landscaping
may be vines, shrubs,or trees. (Up to 15 points)
g. Open Green Space
(1) Designed Plan. Open green space is designed(not leftover space
between buildings)and flows uninterrupted through the entire
development linking dwellings and recreation amenities. (Up to
25 points)
(2) Multiple Use. Storm water detention facilities are designed and
used for multiple purposes which blend with the overall theme of
the open space design(i.e., shape of the area is free flowing, and
the grading and landscaping are carried out in such a manner that
the use as a detention pond is not discernible.)(Up to 20 points)
(3) Native Plants.Native plants are used for common open space
elements.(Up to 15 points)
(4) Drought Tolerant Plants. Drought tolerant plants are used for
common open space elements. (Up to 10 points)
h. Public Streets. All streets within the development(except the streets
required by the City to be dedicated)are open to public use,but privately
maintained. (Up to 25 points)
i. Housing. Mixed housing types,(e.g. apartments, condos,medium density,
low density,and mixed use)are incorporated in the development with the
intent to allow aging in place and appropriate mixes of socioeconomic
groups. (Up to 40 points)
SECTION 50: AMENDMENT "10.07.010 Traffic Studies-Infrastructure"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.07.010 Traffic Studies-Infrastructure
Traffic studies may be required to adequately assess the impact of a proposed development on the
existing and/or planned transportation system. A traffic study may be required by the City Engineer
for any development that has a potential to significantly impact traffic flow.
A. Triggers.
1. For nonresidential development proposal when trip generation during the peak
hour is expected to exceed one hundred(100)vehicles.
2. Residential development with one hundred(100)or more dwelling units.
3. Annexation. For an application for annexation into the City.
4. Density.A new traffic study will be required, if after submitting the original traffic
study,the land use density increases by more than fifteen(15%)percent.
5. Master Plan or Development Plan Submittal
6. Plat. For a Plat if the property has already been rezoned for the proposed use and
no traffic study was required for the rezoning,or the original traffic study is more
than two(2)years old.
7. Pre-Application Conference.
a. Sufficient Information. If the City Engineer is provided sufficient
information to determine whether the trip generation/dwelling unit criteria
has been met,the applicant will be notified a traffic study will be required.
b. Insufficient Information. If insufficient information is available,but the
property appears to involve a sufficiently intense land use,the applicant
will be informed that a traffic study may be required.
8. Prior to building permit.Before a building permit,if the property has already
been zoned/platted and no previous traffic study less than two(2)years old exists.
9. State Highway Access. For any change of use affecting State Highway Access
including new site access or additional access for an existing use is being
requested prior to issue of a building permit.
B. Process.
1. Responsibility of the applicant.
2. License& Experience. Traffic study must be prepared by a professional,
Transportation Engineer licensed in the State of Idaho with adequate experience in
transportation planning.
3. City Engineer Review.All studies must be reviewed by the City Engineer before
acceptance.
C. Prior to Starting Traffic Study. Professional Transportation Engineers are encouraged to
discuss projects with the City Engineer prior to starting the study.This should provide a
firm base of cooperation and communication between the City,the owner or developer and
his consultant in creating traffic characteristics that are in the best interest of the total
community.
D. Format. All traffic studies shall contain, as a minimum,the following information:
1. Trip Generation Table.A summary table listing each type of land use, the units
involved,the general rates used, and the resultant trip generation(total traffic and
AM/PM peaks).
2. Infrastructure Plan and Vicinity Map. An Infrastructure Plan plan that shows
The locations of each proposed land use, and a vicinity map that shows the site in
relation to the surrounding transportation system.
3. Existing and Projected Traffic Volume Graphics should show:
a. A.M.peak hours'site traffic(in and out)including turning movements
b. P.M. peak hours'site traffic(in and out)including turning movements
c. A.M. peak our total(in and out)including turning movements for current
conditions and 20-year projections or build out.
d. P.M. peak hour total traffic (in and out)including turning movements for
current conditions and 20-year build out.
4. Total Daily Traffic Counts.All total daily traffic counts should be actual machine
counts and not based on factored peak hour sampling.
5. Possible Use of ITD Counts. Latest available machine count from the Idaho
Transportation Department{ITD)and other agencies may be acceptable if taken
within a reasonable time period.
6. Accepted Traffic Patterns. All traffic shall be assigned to existing and planned
facilities in a manner consistent to the accepted traffic patterns and approved by
the City Engineer.
E. Critical Lane Capacity Analysis.A critical lane capacity analysis should be conducted
for all major driveways that intersect local,collector,or arterial streets,and all adjacent
local,collector,and arterial intersections.
1. Both a.m. and p.m. peak hours should be tested to determine the critical
movements unless the proposed land use generates significantly greater traffic
volumes in either peak hour or at midday.
2. Pedestrian movements should also be considered in the evaluation.
3. Capacity calculations should also include an analysis for 20th year projections or
build-out conditions.
4. The appropriate forms for capacity analysis calculations shall be used.
F. Design Hours Volumes. Site design hour volumes approximating the peak hour volumes
used to determine public improvements will be estimated,using one of the following:
1. Existing traffic volume counts
2. Peak hour trip generation rates as published in the ITE Trip Generation Summary
3. A professionally recognized and accepted study for uses of development and
generation rates.
G. Level of Service. Level of service C shall be the design objective and under no
circumstances will less than level of service D be accepted for site and non-site traffic.The
design year will be approximately 20 years following construction or build out.
H. Reciprocal Parking. Traffic studies for planning applications where reciprocal parking is
contemplated will be required to include parking accumulation studies for existing facilities
similar to proposed uses.
I. Revisions to traffic study. Revisions to the traffic study shall be provided as required by
the City Engineer. The need to require revisions shall be based on the completeness of the
traffic study with the proposed access and development plan.
J. Traffic Accidents. Traffic accident data for affected street corridors may be required for
the study. In this case, estimates of increased or decreased accident potential shall be
evaluated for the development.
K. Traffic Counts. All traffic count data(including hourly ADT and peak hour turning
movements)and analysis worksheets should be provided in the appendices.
L. Trip Assignment. Non-generated pass by traffic reductions in generation volume may be
considered if applicable.All estimates of trip distribution,assignment,and modal split are
subject to review by the City Engineer.
M. Trip Generation Guide where Appropriate. In the event that data is not available for the
proposed land use,the City Engineer shall approve estimated rates prior to acceptance.
N. Trip Generation Rates. Trip generation shall be calculated from the latest data contained
within the Institute of Transportation Engineers.
O. Traffic Signals. Traffic progression is of paramount importance.
1. All potential signalized intersections should be planned for 0.5 mile intervals.
2. All other locations to be considered shall meet the following criteria:
a. Submittal of a time space diagram with acceptable through bands,cycle
lengths,and progression speeds.
b. Deviations. In areas that may affect established, complex,computerized
progressions, any deviation shall be thoroughly addressed and approved
by the City Engineer.
c. Time for side-street traffic must be sufficient for side-street volumes.
SECTION Sl: AMENDMENT"10.07.030 Landscape Plan-Plat"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.07.030 Landscape Plan-Plat
A. Landscape Plans. Detailed landscaping plans shall be submitted with the Plat showing
the type and size of all plant material and its location,the irrigation system,decorative
materials,recreation equipment and special effects;and the schedule for removal and
replanting of vegetation area to be reiandscaped.
1. The plan must identify those watercourses,natural features,and areas of trees
meeting the described criteria,which are to remain,and those,which may be
altered or removed.
a. Water Courses and Natural Features.and direction of all water courses
and natural features such as rock outcroppings,marshes,wetlands,and
wooded areas;and the approximate locations of trees or stands of trees
having a trunk cross-sectional diameter of eight(8")inches
(approximately twenty-five inches in circumference)or more measured at
a point fifty-four(54")inches above the base of the trunk on the uphill
side.
b. Water Conservation.The majority of new plant material used for
landscaping the development should be water-conserving plants.The
landscaping design shall locate plant materials in similar water usage
demand zones to insure proper irrigation coverage,reduce wasteful
irrigation coverage and reduce wasteful watering.
(1) Native plants are preferred.
(2) Low Volume System. Low volume irrigation systems with
automatic controllers shall be used. Such an irrigation system
includes,but is not limited to, low volume sprinkler heads,drip
emitters and bubble emitters.
(3) PVC. A minimum of PVC schedule 40 or equivalent shall be
used for main lines and under driveway areas and a minimum of
PVC schedule 200 or equivalent shall be used for lateral lines.
SECTION 52: A11KhW-MEN "10.07.040 Covenants,Conditions And
Regulations-Plat"of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.07.040 Covenants,Conditions And Regulations-Plat
Covenants,Conditions and Regulations(CCR's)shall be submitted with the Plat.
A. Proposed restrictions to be filed in the county deed records, in outline form,such as deed
restrictions,conditions,covenants and restrictions, and homeowners'association
agreements.The outline restrictions shall identify:
1. The time at which the restrictions will be filed in the county deed records;
2. Generally,who will have authority to enforce the restrictions;
3. Specifically,which restrictions, if any,are proposed to be enforceable;and
4. restrictions, if any, will not be subject to amendment without the consent of the
City.
SECTION 53: RENUMBER "10.09.010 Condominium"of the Rexburg
Development Code is hereby renumbered as follows:
RENUMBER
10.09.010 Condominium
10.09.020 Condominium
SECTION 54: RENUMBER"10.09.020 Subdivision Within A Floodplain"of
the Rexburg Development Code is hereby renumbered as follows:
RENUMBER
10.09.020 Subdivision Within A Floodplain
10.09.030 Subdivision Within A Floodplain
SECTION 55: RENUMBER"10.09.030 Subdivision For A Cemetery"of the
Rexburg Development Code is hereby renumbered as follows:
RENUMBER
10-09-D30 Subdivision For A Cemetery
10.09.040 Subdivision For A Cemetery
SECTION 56: RENUMBER"10.09.040 Areas Of Critical Concern"of the
Rexburg Development Code is hereby renumbered as follows:
RENUMBER
10.09.040 Areas Of Critical Concern
10.09.050 Areas Of Critical Concern
SECTION 57: AMENDMENT"11.03.050 Conditional Use Permit"of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
11.03.050 Conditional Use Permit
A. Application Submittal.
1. Application. Applicant shall fill out an application for a Conditional Use Permit to
construct a new Manufactured/Mobile Home Community or to expand an existing
Manufactured/Mobile Home Community_
2. Infrastructure Plan. One(1)digital copy of the Infrastructure Plan of the
proposed community in.pdf AutoCAD format shall be submitted with the
application containing the following information:
a. General Layout. The Infrastructure Planplan should show the general
layout of the entire Manufactured/Mobile Home Community.
b. Compass or North Arrow.North orientation of the Infrastructure Plan.
c. Community Boundary&Dimensions. Boundaries and dimensions of
the Manufactured/Mobile Home Community_
d. Drafter or Engineer. Name of the person who prepared the
Infrastructure Plan.
e. Electrical.Electrical Systems for the development and connection details
for each pad.
f. Fire Hydrants. Location of fire hydrants.
g. Garbage. Location and screening of all garbage dumpsters.
h. Lighting. Location and detail of all lighting fixtures for streets and spaces.
i. Patio-Construction Details.
j. Proposed Name.Name of the Manufactured/Mobile Home Community
and address.
k. Existing& Proposed Structures. Location and dimensions of all
existing or proposed structures.
1. Recreation. Location and size of all proposed recreation areas and
buildings. Show details.
m. Roads&Sidewalks. Location and width of roads or access ways. Road
and sidewalk construction details.
n. Scale. The Infrastructure Plan should be drawn to a scale not smaller than
one(I")inch representing forty(40')feet
o. Screening. Location and type of landscaping,planting,fence,wall, or
combination of any of these or other screening materials.
p. Spaces. Location and dimensions of each Manufactured/Mobile Home
space.
q. Storm drainage system details.
r. Swimming pools. Swimming pools require a building permit with
detailed plans and District Health Department approval.
s. Tl pical Space. Enlarged site plan of a typical Manufactured/Mobile
Home space, showing location of the pad,parking area,patio, storage
space,sidewalk, utility connections and landscaping.
t. Vicinity Map. Vicinity map showing relationship of
Manufactured/Mobile Home Community to adjacent properties including
the names of the contiguous owners.
u. Walkways. Location and width of walkways.
v. Water&Wastewater. Location and details of the proposed water and
wastewater systems for the manufactured/Mobile Home Community,
w. Water&Sewer. Water and Sewer systems designed and signed by an
Idaho registered engineer.The detailed plans shall show how connections
are to be provided to each pad and how the water and sewer connections
will be protected from freezing.
3. Management policies, covenants and restrictions_A draft of the proposed
management policies,covenants,and restrictions shall be submitted with the
application.
4. Maintenance procedures.A draft of the proposed maintenance procedures shall
be.submitted with the application.
B. Commission Hearing. At the time of the public hearing,the planning Commission may
give tentative approval of the use of the proposed location for Manufactured/Mobile Home
Community purposes.
C. Final Approval. Final approval of said use shall be contingent upon the submission of
acceptable detailed Infrastructure Plans of the proposed Manufactured/Mobile Home
Community development as required by the City Development Code.
SECTION 58: REPEALER CLAUSE All ordinances or resolutions or parts
thereof,which are in conflict herewith,are hereby repealed.
SECTION 59: SEVERABHA TY 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 60: 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(#20-00851)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 February 17,2021 and after the required approval and publication according to law.
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL FEBRUARY 17,202 1.
AYE NAY ABSENT ABSTAIN
Council President Jordan Busby X
Councilmember Brad Wolfe X
Councilmember Tisha Flora X
Councihnember Christopher Mann X
Councilmember Mikel Walker X
Councilmember Bryanna Johnson X
Presiding Officer Attest
Jerry L Merrill, Rexburg Mayor, City Deborah Lovejoy,Rexburg City Clerk
of Rexburg City of Rexburg
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