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HomeMy WebLinkAboutOrd No 1253 Dev Code Amendment Ord 1200 Mixed Use Zone CITY OF REXBURG ORDINANCE 1253 DEVELOPMENT CODE ORDINANCE 1200 AMENDMENT -MIXED USE (MU) ZONE 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: AMEND 5.01.010 TO REQUIRE COMMERCIAL ELEMENT TO BE ONE-THOUSAND (1,000) SQ. FT OR 10% OF FOOTPRINT AND 100% COMMERCIAL ELEMENT FACING MAIN ST IN DOWNTOWN AREA; AMEND 5.01.020 PERMITTED USES; AMEND 5.01.080 DENSITY REQUIREMENTS; AMEND 5.01.090 FRONT YARD SETBACK REQUIREMENTS FOR COMMERCIAL AND RESIDENTIAL ELEMENTS, LANDSCAPING REQUIREMENTS, REMOVAL OF TOWNHOUSE REQUIREMENTS ADJACENT TO THE RIGHT-OF-WAY,AND REMOVAL OF NON-COMPLIANT FRONT YARD SETBACK, LANDSCAPING,AND PARKING NEAR FRONT YARD REQUIREMENTS; AMEND 5.01.110 SIDWALK ACCESS REQUIREMENTS; AMEND 5.01.130 PARKING AND LOADING REQUIREMENTS REMOVING TOWNHOUSE REQUIRMENTS; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. NOW THEREFORE,be it ordained by the Council of City of Rexburg, in the State of Idaho, as follows: SECTION 1: AMENDMENT "5.01.010 Purpose And Objectives" of the Rexburg Development Code is hereby amended as follows: AMENDMENT 5.01.010 Purpose And Objectives It is the purpose and intent of the Mixed Use (MU) zone to allow flexibility where a variety of housing types may exist among neighborhood-serving commercial and institutional uses. A commercial element requires a minimum of one-thousand (1.000) square feet or 10% ofrg ade_ level footprint, whichever isree after , A-. , Page 1 B. MU is facing Main Street-Bbetween+he 2nd West and 2nd East must have 100% commercial at grade level. SECTION 2: AMENDMENT "5.01.020 Permitted Uses" of the Rexburg Development Code is hereby amended as follows: AMENDMENT 5.01.020 Permitted Uses In the mixed-use (MU)zone, residential, commercial, and institutional uses may occupy the same building and lot. The following principal uses and structures indicated as "P", and no others, shall be permitted in the MU zone. The following uses and structures indicated as "CUP" may be permitted in the MU zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. MIXED USE Accessory Building (Non-living quarters) P Accessory Accessory Swimming-Pool P Townhomes CUP Residential Twin Home CUP t�e�rts � Bed and Breakfast Inn/Short Term Rental(See subsection P 3.02.160.) Dormitory, CUP Group Housing Hotels, Motels and Membership Lodging P Multi-Family-Residences P Behavior, Drug &Alcohol Treatment CUP Day Care Centers (7 or more children, 3 or more times a week) P Page 2 Care Facilities Group Home(Disabled &Elderly;under 8 residents) P Hospitals, Operation Centers, Out-Patient Medical CUP Sanitariums, Ceonvalescent ate&Rfest Hbomes CUP Churches, Synagogues, Missions ate& Temples P Place of Worship ^Religious Activities &Reliig ous Quarters P Dances Schools & Studios P Schools,public Nursery Schools (6 or less children, 3 or more times a week) P or private Schools (K-12) CUP Technical Schools CUP Athletic Celubs, Bbody Bbuilding Sttudios, A-aerobic Ceenters & P indoo Ggymnasiums; etc. Recreation Commercial Pools CUP Spas P Tennis Courts CUP Amusement Arcades. Billiards &Pool Hall, Bowling Aller; CUP Miniature Golf Entertainment Dance Halls, Ballroom P Indoor Driving Ranges CUP Libraries P Museums &Art Galleries P Bakeries &Doughnut Shops P Candy,f Nut& eConfectionery_L Related Products P P Eating Places;(Restaurants* (No drive-through) P EatingPlaces;(Drive-through) CUP Fruits &Vegetables P F-ee4Stott +1 Grocery Stores CUP Page 3 Food Retail -P Meats Q_ Fish CUP M:,.eell flea .,. ..,tai f a Specialty Food Stores (Meat, dairy, etc.) CUP Manufaeturing r ffia, G ettefftt a Antiques (No outside displays P A1212arel&Accessories P Beauty&Barber Saply, Perfumes, Cosmetics, Hair Care & Other P Toiletries — Books,sStationary,#Art ate&-hHobby-Supplies P Building & Construction Sullies Retail(No outside storage l P Direct Selling Organization P Pharmacy &Proprietary Stores P P 4P44g Electronic & Small Office Machines P Florists -P Furniture, Home€Furnishings &eEquipment(f No combined P warehousing) Garden Supplies (Nursery stock, equipment, CUP tools, greenhouse, yard art, etc.) Retail Gas Service Stations CUP General Merchandise (Department, Discount, VariebX etc) P Hardware P r Page 4 Janitorial Supplies CUP Jewelry; Watches & Clocks P Merchandise Wending fitMachine oOperators P r,�iseellatteotts .etas trade Cep Musical Instruments P Optical Goods, Instruments &Lenses P 4P44p Photographic Supplies &Equipment P Professional, Scientific Equipment& SIWplies CUP Retail eStores (Florist,pet stores, etc.) P Shopping Centers (Ases liste4 ftefe7ffiMore than 5 acres, less than CUP 10 acres) Sporting Goods, Bicycles, and Toys (Include guns, fishing, ammo. P camping gear, skis, etc.) Swimming Pool Supplies CUP Thrift Store, Second Hand Clothing; Shoes, Furniture, Books All P indoors, no outdoor collection) — Accounting, Auditing, Bookkeeping P Services &Management Advertising Services P Animal Grooming CUP Auto Washing, Polishing, Detailing CUP Banks, Finance, Investment, Insurance&Real Estate Offices P Beauty &Barber Shops P Building "'`a=�Contractor Offices (No outside store) £44P Call Centers CUP Clubs & Service Organizations (Civil, social and fraternal) P Page 5 Computer Programming, Training, Repair, Consultants and P Program Software - Custom Consumer Credit Services or Collection P efeffiffte -P Pharma c &Proprietary Stores P Employment Services P Engineering, Architectural&Planning P Executive,4Legislative&jiudicial P Gwtsfftiths -P Household Good Warehousing & Storage CUP Janitorial Office(Dwelling &business cleaning) CUP Laundry &Dry Cleaning, Pressing, Alteration& Garment Repair P Services T -P Locksmiths &kKey sShops P News Syndicate Services Offices P ,-efsaft..' Sert ee Photocopying, Mailing Blueprint& Stenographic P Photographic Services & Studios P Physicians &Dental Offices & Services P Postal Services P Printing/Publishing(Including newspapers) CUP Professional Services Office P P Page 6 Rental Supplies (Indoor only P Repair& Service, Electrical Appliance P Repair, _urniture&Reupholstering P Repair, Gunsmiths CUP Repair, Jew&y, Watch, Clock P Repair, Shoe, Hat, Seamstress, etc. P 'S P" A eg ncies P Veterinarian Services (Small animal indoor only* CUP Wedding Chapels &Reception Centers P Welfare & Charitable Services CUP $€fie -P +fe� Page 7 P P P Automobile Parking Lots and Garages (f No impound or long-term CUP storage) Transportation Bus+Transportation(f No garaging & equipment maintenance) P Motor Vehicle 4Transportation P &T afate P...kiftg 4:at Railroad, Rapid Transit(Public &private) CUP Communications (Including radio, television stations & CUP broadcasting towers) Debfis Basin P Gas Pressure Control Stations CUP P Utilities Right-of-way(eCombo utilities, electric, gas pipeline, sewage P pipeline, storm drain ate&water pipeline) C44-P Sewage Pumping Stations P Utility Company Office P Water Pressure Control Stations &Pumping Plants P P P g --*Veterinarian conditions 1. Experimental or scientific research activities are prohibited. 2. No on-site disposal of dead animals. 3. Animal noise shall not be audible at the nearest property line. 4. Overnight boarding shall be limited to animals receiving treatment on the premises. 5. Services shall be limited to small animals only. 6. No services shall be permitted for poisonous or dangerous animals. A. Permitted Accessory Uses & Buildings. (See subsection 3.02.070.)Accessory uses Page 8 and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1. Accessory buildings shall maintain architecturally similar material and colors with the main building. SECTION 3: AMENDMENT "5.01.080 Density" of the Rexburg Development Code is hereby amended as follows: AMENDMENT 5.01.080 Density A. Housing unit density of up to thirty (30)units per acre is permitted. F . SECTION 4: AMENDMENT "5.01.090 Yard Requirement" of the Rexburg Development Code is hereby amended as follows: AMENDMENT 5.01.090 Yard Requirement (See subsection 3.02.080.) The following minimum yard requirements shall apply in the MU zone: A. Front Yard. The minimum front yard setbackW) feet ffe requirements are as follows: 1. Commercial. Commercial element can be zero (0') from right-of-wav unless Page 9 otherwise restricted. 2. Residential. Residential element is a minimum five(5') feet from right-of-way provided the minimum amount of commercial is included in the overall project. 3. Sidewalk. A minimum eight(8') feet wide sidewalk is required parallel to any city street. 4. Landscaping. a. Street trees and other landscape amenities are required and include as a minimum the use of two (2") inch caliper deciduous trees at a maximum of twenty (20') feet spacing in the landscape strip between the curb and sidewalk. b. The space between the building and sidewalk shall be landscaped with ornamental trees, shrubs, grass, annual and perennial flowers to achieve a"fully landscaped look". e d. Irrigation System. An irrigation system is required and is the responsibility of the property owner as is the maintenance of the landscaped areas. 5. Building Design a. Street Oriented. The building shall be oriented toward the street with architecturally defined entrances; a ground floor prominence; and elements that break up vertical and horizontal walls. b. Interaction with Street. There shall be a variety of openings and other features that enhance the buildings visual interaction with the street. These features include doors, windows, balconies and/or other items such as stoops, awnings,porches, dooryards, canopies, overhangs, recesses, etc. that in combination enhance the human scale and pedestrian experience of the street. (1) Balconies, awnings, canopies and other structural elements may extend a maximum of three(3') feet into the setback. c. Materials. The first floor wall facing the right-of-way shall be faced with high-quality materials (as approved by Zoning Administrator or Designee). (See subsection 6.00.060.) 6. Renderings identifying all of the above requirements and the Design Standards shall be submitted to city staff prior to the request for a building permit. a. The Zoning Administrator or designee will have authority to review the submittal and determine if it meets the above requirements of this Section and the spirit in which they were created. feet above gfft4e-. 8. Utility fixtures. Utility fixtures att tta` .."a_�. a in the front yard setback must be underground or otherwise screened from street view wherever practicable.of 9. Page 10 Parking paces, drive aisles and all maneuvering areas shall not be located within the first ten(10') feet of a front,�. } Front Yard. , , C. Rear Yard. Minimum rear yard of at least six (6') feet shall be required when a sloped roof drains toward rear yard property line. Otherwise, no minimum. D. Side Yard. Minimum side yard of at least six (6') feet shall be required when a sloped roof drains toward side yard property line. Otherwise, no minimum. E. Commercial Adjacent to Residential. (See Transitional Development Standards subsection 3.02.080.a.) G. Accessory Buildings. (See subsection 3.02.070.) SECTION 5: AMENDMENT "5.01.110 Sidewalk Access" of the Rexburg Development Code is hereby amended as follows: AMENDMENT 5.01.110 Sidewalk Access Projects located within the Mixed Use zone will be required to demonstrate sidewalk access to the BYUI campus and to the nearest Substantial Commercial Cluster(See definition in Chapter 2). SECTION 6: AMENDMENT "5.01.130 Parking And Loading" of the Rexburg Development Code is hereby amended as follows: AMENDMENT 5.01.130 Parking And Loading (See section 3.4. Page 11 A. Proximity. Projects in the Mixed Use (MU)zone are allowed greater than two-hundred (200') feet distance from the primary entrance as approved by the Zoning Administrator or Designee. B. Mixed-Use Buildings and Projects. The total parking requirement shall be the sum of the individual requirements for all uses. F D. Joint Use Parking. Joint use parking facilities are encouraged. A joint use parking agreement, if executed according to the standards set forth in this section would allow a reduction in the total requirement for a mixed-use building or project. (See subsection 3.04.090.) E. Parking Structures. Parking Structures are encouraged and must meet the requirements set forth in section 3.4. 1. Underground Parking Structures. Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the grade of the yard by more than two (2') feet. SECTION 7: REPEALER CLAUSE All ordinances or resolutions or parts thereof, which are in conflict herewith, are hereby repealed. SECTION 8: SEVERABILITY CLAUSE Should any part or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinances a whole or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 9: 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 (#21-00074) 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 April 21, 2021 and after the required approval and publication according to law. Page 12 PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL AYE NAY ABSENT ABSTAIN Council President Jordan Busby Councilmember Brad Wolfe Councilmember Tisha Flora Councilmember Christopher Mann Councilmember Mikel Walker Councilmember Bryanna Johnson Presiding Officer Attest Jerry L Merrill, Rexburg Mayor, City Deborah Lovejoy, Rexburg City of Rexburg Clerk City of Rexburg Page 13