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HomeMy WebLinkAboutMUNICODE - 21-00582 - Remove Central Business District (CBD) - Development Code Amend.Page 1 SECTION 1: A MEND MEN T “1.04.020 Amendments To This O rdinance” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 1.04.020 Amendments To This O rdinance The Council may, by ordinance, after receipt of recommendation from the Commission and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property. Such amendments may include text amendments or map revisions. A.Initiation of Ordinance Amendments. A mendments to this O rdinance may be initiated in one of the following w ays: 1.A pplication. (See subsection 1.04.010.) By the filing of an application by a property ow ner or authorized agent with the area proposed to be changed by the amendment. The applicant shall provide the Zoning A dministrator with the follow ing additional information: a.Narrative Statement. A statement on how the proposed amendment relates to the C omprehensive Plan, availability of public facilities, and compatibility with the surrounding area and zoning. b.Area of Impact. In the event an application for rezoning received by the Commission requests a rezoning of any lands that lie within one quarter (1/4) mile of any boundary of the Sugar City A rea of City Impact, the C ommission shall provide the City of Sugar C ity w ritten notice of the application for rezoning. 2.By adoption of a motion by the Commission 3.By adoption of a motion by the Council B.Zoning Map R evisions. C omprehensive Plan A mendment. If the request for zoning amendment is not in accordance w ith the Comprehensive Plan, the Commission shall consider and the Council may adopt or reject an amendment to the Comprehensive Plan after notice and hearings as provided in Section 67-6509, Idaho Code. (See following summary table for allowable zoning in Comprehensive Plan areas.) Page 2 Summary Table of A ppropriate L and U ses for each C omprehensive Plan Map Designation: (Amended 25 May, 2021 by Resolution 2021-07) C omprehensive Plan D esignation Allow able Zoning D istrict Industrial (LI) Light Industrial (HI) Heavy Industrial Commercial/Mixed U se (RBC ) Regional B usiness Center (CBC ) Community Business Center (CBD ) Central Business D istrict (RBD ) Residential Business D istrict (MU ) Mixed U se MD R1 to HD R2 (MD R1) Medium - D ensity Residential 1 (MD R2) Medium - D ensity Residential 2 (H DR1) High - D ensity R esidential 1 (H DR2) High - D ensity R esidential 2 LDR 1 to MDR1 (LD R1) Low - Density Residential 1 (LD R2) Low - Density R esidential 2 (LDR3) Low - D ensity Residential 3 (MDR 1) Medium - D ensity Residential 1 Rural (RR1) R ural R esidential 1 (RR2) R ural R esidential 2 (TA G) Transitional A griculture O pen Spaces/U niversity (U D) U niversity D istrict (O S) O pen Space C.Commission Consideration. In evaluating requests for amendments, the Commission shall consider, in addition to conformance w ith the Comprehensive Plan as required by Section 67-6511, Idaho code, the following: 1.The capacity of existing public streets, w ater and sewer facilities, storm drainage facilities, solid w aste collection and disposal, and other utilities. 2.The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, parks and recreational services. 3.The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. 4.Recent changes in land use on adjoining properties or in the neighborhood of the map revision. Page 3 D.Other Material R ecommendations. Following the hearing, if a material change in the ordinance is recommended, other than that published for the present hearing, further notice and hearings shall be provided before the Commission forw ards its recommendation to the Council. SECTION 2: A MEND MEN T “3.01.020 Zoning D istricts” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.01.020 Zoning D istricts The City may be divided into the follow ing zoning districts, the boundaries and extent of w hich shall be show n on the official Rexburg Zoning Map by the City of Rexburg Staff: R esidential Z ones (a) Rural Residential 1 (RR 1) (b) Rural R esidential 2 (RR2) (c) Low D ensity Residential 1 (LDR 1) (d) Low Density R esidential 2 (LDR2) (e) Low Density Residential 3 (LD R3) (f) Medium D ensity R esidential 1 (MD R1) (g) Medium D ensity Residential 2 (MD R2) (h) H igh Density Residential 1 (HD R1) (i) H igh D ensity Residential 2 (H D R2) C ombined Use Zones (j) Mixed Use (MU) (k) C entral Business D istrict (CB D) (l) Transitional A griculture (TA G) C ommercial D istrict Zones (n) Community B usiness Center (C BC) (o) R egional Business Center (RB C) Highw ay Business D istrict Zones (p) Light Industrial D istrict (LI) (q) Heavy Industrial D istrict (H I) Other Zones (r) Open Space (OS) (s) Public Facilities Zone (PF) (t) University D istrict (U D) (u) R esidential Business District (RB D ) (v) Project R edevelopment O ption (PRO ) SECTION 3: A MEND MEN T “3.02.110 Fencing Requirements” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.110 Fencing Requirements Page 4 N o w all, fence, screen, or opaque hedge or screening material shall be maintained w ithin a required front yard, or an area w hich would tend to inhibit a safe sight distance of traffic traveling upon a public street, or entering into the public street from a private drivew ay or alley, or pedestrian public w ay. (See Sight Triangle definition in Chapter 2) A.Fence Types Not Permitted. 1.Floodplain. N o fence shall be constructed in the floodw ay w ithout approval of the Planning and Zoning Commission. 2.Barbed Wire/Electric. Barbed wire fences and electric fences shall not be erected or maintained unless approved by the Planning and Zoning Commission. B.Maintenance. Fences shall be maintained in a good state of repair. C.Fence Height. The height of any fence, wall, or sight-obscuring objects within fifteen (15’) feet of the right-of-w ay shall be a maximum of three (3’) feet in height measured from the natural grade of the property on w hich it is located. 1.Fences w ithin 15' of the right-of-w ay w ould be allowed betw een three (3’) to six (6’) feet high if constructed out of rigid materials and approved by the Zoning Administrator or designee w ith fifty (50%) percent or more see- through per lineal foot outside of the sight triangle. D.Rear Yard. In a rear yard, w alls and fences may be betw een three and six feet (3’-6’). A fence may be built along the property line in a rear yard. 1.D og R uns. Dog runs shall be placed in rear yards only and shall be at least ten (10’) feet from another residence. 2.Building Permit. Fences over seven (7’) feet in height must obtain a building permit. a.Height Limit. Fences shall not be greater in height than eight (8’) feet. E.Commercial Adjacent to R esidential. A vinyl or masonry fence of at least six (6’) feet in height shall be erected along all property lines which lie adjacent to a residential zone or use, except front yards, w here the height of the fence shall not exceed thirty- six (36”) inches within fifteen (15’) feet of the right-of-w ay. 1.In the case w here there is mutual agreement between the property ow ners of the commercial zone and the adjacent residential zone, the Planning and Zoning Commission shall give considerable w eight to the w ishes of the parties involved. F.Schools, C hurches, U niversities, C olleges, Hospitals, N ursing Homes, C ity and County. The height, location and placement of fences by the foregoing entities may be altered, subject to prior written approval of the Zoning A dministrator. H owever, sight triangles at any intersection must be maintained pursuant to Section 3.02.050. of this O rdinance. (See Sight Triangle definition.) G.Grade Differences. Where there is a difference in the grade of the properties on either side of a fence, w all or other similar structure, the height of the fence shall be measured from the natural grade of the property upon w hich it is located. H.Exceptions. 1.The provisions of this section shall not apply to tennis court backstops or patio Page 5 enclosures as approved by the Zoning Administrator, if it is determined that such do not create a hazard or violation of other sections of the R exburg City Code or other City Ordinances. 2.R etaining Walls. Where a retaining w all protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that w ould otherwise be permitted at the location if no retaining w all existed only after approval by the Zoning A dministrator. 3.C BD . The Central Business D istrict (CBD) may allow other types of fences. (See subsection 5.02.140.) 4.A ll other exceptions must obtain Planning & Zoning C ommission approval. SECTION 4: A MEND MEN T “3.04.030 Table 3 N umber O f Parking Spaces Required” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.04.030 Table 3 N umber O f Parking Spaces Required A.Where a specific use is not listed, the Zoning Administrator or designee, in his or her professional judgment, shall make a determination on a parking standard to be applied based on a similar use, and/or available information from national studies or other communities’ parking standards. TAB LE 3: Minimum Number of Parking Spaces required are as follow s: RESIDE N TIA L D WEL LINGS Single-Family D wellings 2 Spaces per Unit Multi-Family D w ellings 2 Spaces per Unit High D ensity R esidential 1 Bedroom 2 Bedrooms 3 Bedrooms 1.5 Spaces per U nit 2 Spaces per U nit 2 Spaces per U nit Tow nhouses 2 Spaces per U nit (off-street parking) Page 6 R ESIDENT IA L U SE S C ongregate Residence 1 Space per Occupant (unless otherwise approved by the Zoning Administrator) D ormitory Housing 1 Space per O ccupant (including 10% visitor parking) Motels and Hotels (Transient Lodging)1 Space per Sleep Room plus 1 Space per Employee at Highest Shift Multi-Family Dw ellings for Elderly 1 Space per Unit N ursing Homes 0.25 Spaces per Bed Short-Term R entals, (including Boarding House, B ed and Breakfast) 2 Spaces for O wner/Manager plus 1 Space per B edroom being rented. *No on-street parking allow ed. B . Each Residential R ental, A partment H ouse or A partment must inventory all approved parking spaces and issue contractual obligations relative to all such parking spaces. No agreements for tenancy shall be executed on behalf of the owner, operator or their agents, relative to a Residential Rental, A partment H ouse or Apartment without affirmatively designating whether the same has a parking space available. 1. All designation of available parking as referenced above shall have an approved parking space associated with the designation such that if all designated tenants w ere to park a vehicle there would adequate spaces. No allowance for absenteeism shall be allowed. For each agreement containing an affirmative designation of parking space, there must be a space. 2. Any agreement for tenancy in a R esidential Rental, Apartment H ouse or A partment, which is not specifically designated as a "Parking Space" agreement, there must be an affirmative statement notifying the parties to the agreement that there is no overnight, on-site parking provided in connection with the agreement. Page 7 SPAC ES BUSIN ESS OR SERV IC E (per 1,000 square feet of gross floor area) 0.2 All warehousing (plus 3 spaces per 1,000 square feet of office, retail, or other public area) 1 Automotive, marine craft, aircraft and accessories (does not include repair garages) Building materials, hardware and farm equipment Furniture, home furnishings, and equipment Manufacturing (plus 3 spaces per 1,000 square feet of office, retail, or other public area) 2 Contract construction services Wholesale trade 3 All other services A utomotive, marine craft, aircraft and accessories (sales and service) Business services D octor offices and all other medical services and professional services Finance, insurance, and real estate services Food (non-restaurant) Travel services 4 General merchandise Indoor recreation facilities *Medical Clinic Shopping centers – Mixed U ses Fewer than 200,000 square feet 5 Health Clubs Restaurant in CBD zone Shopping centers – Mixed U ses O ver 200,000 square feet 6 Beauty and B arber services 10 Sit dow n restaurant *A medical clinic is any facility that provides limited diagnostic and outpatient care, but is unable to provide long-term, in-house medical and surgical care. Clinics commonly have lab facilities, supporting pharmacies and a wide range of services. C . BU SIN ESS & SE RV IC ES (per other measurement) Call C enters and business w ith higher density cubicles 0.9 spaces per employee 0.6 spaces per Page 8 Call C enters and business w ith higher density cubicles 0.9 spaces per employee 0.6 spaces per employee in Central Business D istrict (C BD) Civic, social, fraternal organizations 1 space per 4 persons (maximum occupancy) Fast food with drive-through 0.33 spaces per seat (tw o (2) feet of bench equals one (1) seat) Hospital services 2 spaces per patient bed for expansions (to current campuses existing prior to 2008) 4 spaces per patient bed for new hospital campuses Religious Facilities 1 space per 4 seats or 8 feet of bench in main meeting room Public A ssembly Theaters, sports arenas, and auditoriums 1 space per 4 seats Recreation Racquetball, handball and tennis courts 3 spaces per court Bowling alley 7 per alley Schools 2 spaces per teacher on largest shift for D ay Care, Preschool 2 spaces per classroom Kindergarten, Elementary, and Junior high schools 1 space per 4 persons (at maximum capacity) H igh schools and Colleges D . (U D) U niversity Parking R atios. Minimum parking spaces shall be regulated in the U D with the U niversity Parking Ratios set forth below. In determining the ratio, all parking spaces located upon the U niversity Campus together with all on-street parking w here the U niversity Campus occupies both sides of the street shall be included. The term full-time equivalent shall be established in the B YU -Idaho Parking Study published in 2002. Student Ratio: .20 spaces per FTE Student Faculty Ratio:.585 spaces per FTE Faculty Staff R atio:.585 spaces per FTE Staff E. (C BD) C EN TR AL BU SINE SS D ISTR IC T This provision is to recognize the historical pattern of development in the dow ntow n area of the City and to accommodate the need for new development in the dow ntow n area. 1. A dditional off-street parking may not be required for some new uses. 2. O ccupancies that require more parking must provide off-street spaces. 3. Existing parking and loading facilities shall not be reduced or removed from the CB D by new or existing uses without approval from the Planning & Zoning Commission or substitute off-street parking is provided w ithin tw o-hundred (200’) feet of the main entrance of the use. SECTION 5: A MEND MEN T “3.04.050 Location O f Parking Spaces” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T Page 9 3.04.050 Location O f Parking Spaces A.Off-Street Parking. Off-street parking shall be located within two hundred (200’) feet of the primary entrance of the building. This distance shall be measured from the building entrance along an accessible route that a pedestrian w ould use. 1.C UP. The Planning & Zoning Commission may allow a greater distance w ith a Conditional U se Permit (CUP). 2.Exception: This does not apply in theC entral Business D istrict (CB D) and Mixed U se (MU ) zones. B.Parking Space Location 1.Front Yard Parking. (For Comm ercial projects see subsection 6.00.080.) Parking spaces and maneuvering areas shall not be provided w ithin a required front yard. Front yards shall be dedicated to landscaping. a.Exceptions: (1)R BD . Except in Residential Business D istrict (RBD ), w here an existing conforming drivew ay access has been provided. (2)C BC . Parking spaces may be located in a front yard adjacent to a public street in a C ommunity Business Center (CB C) zone if a minimum ten (10’) feet w ide landscape buffer is provided, except at ingress/egress points. (3)C ommercial Z ones (excluding Mixed U se zones). D riveways may encroach into the setback up to ten (10’) feet from the right-of-w ay. Such yards shall be dedicated to landscaping. 2.Tow nhomes, R ow Houses. Tow nhomes or row houses shall be designed to provide rear loading driveways and garages, rather than utilizing the front yard (unless approved by the Zoning Administrator) or provide a parking lot that meets all applicable standards for the underlying zoning. C.Sight triangle or E xits. N o parking spaces shall be located in the clear sight triangle or immediately adjacent to an exit to a public right-of-w ay. D.Residential Parking Spaces.(See subsection 4.00.060.) E.Street A ccess. N o access point from a parking area to any street shall be w ithin tw enty (20’) feet of a local street intersection or alley. N o access point shall be within forty (40’) feet of an intersection with a collector street, and w ithin sixty (60’) feet of an intersection with an arterial street. F.Right-of-Way. 1.N o parking areas shall be designed to require the use of the public right-of- w ay to travel from one portion of the lot to another. 2.N o parking area shall be designed or constructed to create a situation in which vehicles back into the public right-of-way. a.Exception: Single-family homes, tw in homes and duplexes. Page 10 SECTION 6: A MEND MEN T “3.04.060 Parking A rea Screening A nd Safety” of the Rexburg D evelopment C ode is hereby amended as follow s: A M E N D M E N T 3.04.060 Parking A rea Screening A nd Safety A.Screening for Parking A reas. Parking must be screened from public or private right- of-w ay and other residential uses and from the adjoining streets to minimize the visual impact of off-street parking. Fences, hedges, berms and landscaping can be used to screen parking areas. 1.Large Parking Lots. When large parking lots are necessary, increase the landscaping to screen the lot and divide the lot into smaller components. Significant landscape islands must be provided in the interior of large lots (over fifty (50) parking spaces). These may double as snow storage areas in w inter months. 2.Front Yard Berm Buffer. Parking lots in front yard setbacks shall be buffered w ith minimum ten (10’) feet w ide, tw o (2’) feet high landscape berm planted with bushes and trees. 3.Side and R ear Yard Buffer. Buffers for parking areas shall consist of a minimum five (5’) feet wide landscape strip to be planted with ground cover, one (1) deciduous tree and five (5) shrubs, per thirty (30’) lineal feet. a.A six (6') tall vinyl or masonry fence may be substituted for the landscape buffer, but not in front yards or front setbacks. b.Property ow ners may receive an easement in-lieu of this buffer. This easement will need to provide connectivity betw een parking lots and, depending on size, may require landscape islands to be placed. 4.Landscaping and Snow Storage. Parking areas of four (4) or more vehicles shall dedicate ten (10%) percent of the parking area to landscaping and snow storage. The landscaping may be interior or may be peripheral and shall include groundcover and trees. 5.Parking Areas and Existing U ses. a.Required Buffer. (1)The buffer shall consist of a minimum five (5’) feet w ide landscaped strip to be planted w ith one (1) tree and five (5) shrubs per thirty (30’) lineal feet. (See subsection 3.02.100.) (2)A six (6’) feet high vinyl or masonry fence may be substituted for the landscape buffer, but not in the front yard or front yard setbacks. (See subsection 3.02.110.) b.The buffer described in subsection 3.04.060.A.5.a shall be provided betw een parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. Page 11 c.Commercial Parking A reas. C ommercial parking lots shall be separated from the city right-of-way with a minimum ten (10’) feet wide buffer w ith the required landscape trees and bushes as described in subsection 3.04.060.A.5a. B.Safety. Parking spaces along the outer boundary of a parking lot shall be contained by high-back curbing or a bumper rail so placed to prevent a vehicle from extending over an adjacent property. 1.Wheel Stops. Wheel stops should be a minimum of four (4”) inches in height and width and six (6’) feet in length, and should be firmly attached to the ground. Placement should be a minimum of eighteen (18”) inches from property line. C.Sidew alks, no less than five (5’) feet in w idth, (six (6’) feet in w idth w here vehicle overhang will occur), along facades abutting public parking areas. 1.D rainage. Parking spaces shall be provided w ith adequate drainage w hich shall not run across a public sidewalk. 2.Sidew alk Access: MD R, HDR . Housing projects made up of tw elve (12) or more units w ill be required to demonstrate sidew alk access to the BY UI campus and to the nearest Substantial C ommercial Cluster. D.Lighting. A ll lighting for parking areas shall be directed and, w hen necessary, shielded so as not to produce direct glare on adjacent properties, and shall comply w ith the city’s 3.6 Lighting Standards. E.Parking A rea R ules per Zone: 1.Parking in Residential Zones. (See subsection 4.00.060.) 2.C onnectivity: MU , C BD , CBC, R BC , LI, PF, R BD. When possible, connectivity through parking lots of adjacent properties is required. 3.(R BD) – R ESIDE NT IA L BUSIN ESS DIST RICT a.Parking areas w ithin the RBD zone are to be used by occupants of the property and customers of the property, and are not to be used by employees or customers of businesses that may be located in nearby business or commercial areas. b.RB D corner lots shall be allowed to petition for parking in side yards provided any such parking shall be buffered visually and for sound from public rights-of-way. 4.(U D ) U NIVERSIT Y D ISTR IC T a.Permissible Lot C overage. In a U D zone, all buildings and structures, inclusive of parking lots, shall not cover more than sixty (60%) percent of the lot or parcel of land upon which they are placed. SECTION 7: A MEND MEN T “3.04.100 Loading A nd U nloading Areas” of the R exburg Development Code is hereby am ended as follows: A M E N D M E N T Page 12 3.04.100 Loading A nd U nloading Areas A ll commercial and manufacturing uses shall provide adequate off-street loading and unloading areas. For changes of occupancy use, loading spaces and loading space access shall be required. A.Any building used for retail or w holesale or manufacturing shall provide one (1) off- street loading space per ten thousand (10,000) square feet at least forty by twelve (40’ x 12’) square feet w ith an unobstructed height of fourteen feet, six inches (14’6”). 1.C hange of Use. When the use of a building changes, loading spaces will be required unless applicant provides information to staff identifying acceptable alternate means. B.Additional Spaces. A dditional spaces may be required by the C ity Engineer or Planning and Zoning Commission. C.Availability. Loading and unloading spaces shall be permanently available. D.Maneuvering Area. Maneuvering for loading and unloading spaces cannot use rights-of-w ay, except alleys. E.Surface. Loading and unloading spaces shall be surfaced w ith concrete or asphalt. F.Exception: C BD . Office and other buildings without large deliveries are not required to have a loading space. SECTION 8: A MEND MEN T “3.05.190 Allow able "Sign Size" A nd "Sign Permit Conditions" By Zone” of the Rexburg Development Code is hereby am ended as follow s: A M E N D M E N T 3.05.190 Allow able "Sign Size" A nd "Sign Permit Conditions" By Zone Zones: RR1, R R2, LD R1, LD R2, LD R3, TA G, RBD Page 13 Type Sign A rea (Sq. Ft) Max Height Location From Property Line L ighti ng Style Restrictions (BD ) or (C U P) For R ent 6 6 5 feet +None 1 per street frontage BDFor Lease For Sale H ome O ccupation 2 Limited by Wall Must be parallel to wall None 1 per street frontage BD Construction 32 8 5 feet +None 1 or more w ith max. Total of 96 SQ . FT.BD PU D, Subdivision Identification 64 8 5 feet +Indirect Internal 1 or more w ith max. total of 64 SQ. FT.CUP D irectional 6 Code Public ROW Internal Code CUP Public Service 6 Code Public ROW Internal Code CUP A ll other signs Prohibited Zones: MD R1, MDR2, HD R1, H DR 2 Page 14 Type Sign A rea (Sq. Ft) Max Heig ht Location From Property L ine Ligh ting Style Restrictions (B D ) or (C U P) For R ent 32 10 5 feet +Non e 1 per street frontage BDFor Lease For Sale H ome O ccupation 2 Limit ed by Wall Must be parallel to w all Non e 1 per street frontage BD Construction 32 12 5 feet + Indir ect Inter nal 1 or more w ith max. 96 SQ. FT.BD PU D, Subdivision Identification 64 8 5 feet + Indir ect Inter nal 1 or more w ith max. 64 SQ. FT.CUP D irectional 6 Code N ot in Sight Triangle Non e C ode CUP Public Service 6 Code Public ROW Non e C ode CUP Project signs for Identification A ttached/detached 50 sq. ft. Max. 1 sq. ft. per 3 Lineal ft. O f bldg. 12 Bldg. w all Facing the Street Indir ect Inter nal N ot in set-back or higher than the eave line; 1 per parcel CUP A ll other signs Prohibited Zone: MU Page 15 Type Sign Area (Sq. Ft) Max Height L ocation From Property Line L ightin g Style Restricti ons (BD ) or (C U P) For R ent 32 10 5 feet +N one 1 per street frontage BDFor Lease For Sale H ome O ccupation 2 Limited by Wall Must be parallel to wall N one 1 per street frontage BD Construction & Temporary 32 12 5 feet +Indirect Internal 1 or more with max. 96 SQ . FT. BD PU D, Subdivision Identification 64 8 5 feet +N one 1 or more with max. 64 SQ . FT. CU P D irectional 6 Code Not in Sight Triangle N one Code CU P Public Service 6 Code Public RO W N one Code CU P A ccessory On- Premise, Wall, Free Standing, or Canopy Marquee 50 Sq. ft. Max. 1 sq. ft. Per 3 Lineal ft. O f bldg. Less than H eight of Wall; FS Max. 12 Feet high Bldg. wall Facing the Street Indirect Internal Flood light 1 per parcel CU P O pen Lands Code Code Code Code Code BD A ll other signs Prohibited Zones: CBD , CB C, RB C, LI, and H I Type Sign Area (Sq. Ft) Max Height Location From Property L ine Lightin g Style R estrictions (BD) or (C UP) For R ent 1 per street Page 16 For Lease 32 10 5 feet N one frontage B D For Sale Construction & Temporary 32 12 5 feet N one 1 or more with max. 96 SQ. FT. B D D irectional 6 Code Code Internal Code B D Public Service 6 Code Public RO W Internal Code C U P A ccessory; O n premise;Sec. II 8 ft. over Building Single story; less than 30 feet B D Wall signs Sec. II 6 ft. over Building Buildings greater than 30 feet B D Projected Signs Sec. II Sec. II N ot in Public ROW; Blade Signs A llowed Sec. II Sec. II Public R O W w /C U P Marquee & Canopy Sec. II No Projections Face Parallel w /sign Indirect Internal 1 per street frontage C U P U nder Marquee & Canopy Sec. II Length O nly 75% O f sign Width 8 ft. Min. Clearance To G round Code Internal 1 per Business B D N on-A ccessory O ff Premise Free standing or Wall 32 10 ft. Max. Height Sec. I Sec. II Indirect Internal Floodlit 1 per property (Wall or Free Standing) C U P A ccessory On- Premise; Free Standing Sec. I 24 ft. Max or Bldg. Height w/CU P Sec. I Indirect D irect Internal Sec. I B D or C U P Portable signs (A-frame style)Sec. I 4 ft. Max.Sec. I N ot in Public RO W N one Only allow ed as Temporary Signs. B D Page 17 SECTION 9: R EPE AL “5.2 CEN TR AL BU SIN ESS DISTRICT (C BD)” of the R exburg Development Code is hereby repealed as follow s: R E P E A L 5.02.010 Purpose And Objectives The CBD is established to recognize the historic central retail and service center of the City. The CBD Zone is intended to be located only in the central core area of the C ity and to be expanded out from that central area in an orderly and progressive manner as the demand for additional commercial land is generated. This zone will tend to encourage an architectural theme, w hich w ill strengthen the continuity of the downtown area and give it a "character" w ith w hich the citizens of R exburg can identify. The CBD Zone is a mixed-use zone and residential uses are encouraged on the upper floors of the dow ntow n buildings. The C BD Zone is to be characterized by w ide, clean, w ell-lighted streets, ample pedestrian w ays, and vehicular parking lots for the convenience and safety of the public. A ttractive, inviting, and w ell-maintained shops, stores, offices, and other buildings are also characteristic of this zone. On-street parking serves many of the businesses. 5.02.020 Architectural Design Standards A.Introduction. Developments in the Central Business D istrict shall implement projects with an overall community design in mind and in conformance with the downtown blueprint hereby adopted. The need exists for D esign Standards to be in place to ensure developments are coordinated into the overall community presentation and to preserve the integrity of the existing business district and in the downtown as the “center” of the community. These standards require a basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of negative impacts. The intent is to allow flexibility in design, w hile reviewing projects for compliance to the D owntown Guiding Principles and D evelopment Framew ork as described below : 1.Guiding Dow ntow n principles. The City of Rexburg values the historical sense of place that the dow ntow n has provided for over one hundred (100) years. Recent studies have identified several guiding principles that w ill guide the continuation of the dow ntow n core over the next hundred years. These principles are as follow s: a.Dow ntow n is a Pedestrian-Priority Area. b.Dow ntow n is the Civic, Social, and Cultural Center of R exburg and Madison C ounty. c.Dow ntow n is H ighly A ttractive to visitors and has a “historic” sense about it. d.Dow ntow n is the H eart of “America’s Family Community.” e.Dow ntow n is a Mixed-U se Center, w hich includes Retail, O ffice, Page 18 Residential, Entertainment, Culture, and Educational facilities. f.Dow ntow n is H ighly connected to the City, Region, and to BY U- Idaho. g.Dow ntow n is guided by Public-Private Partnerships, including Agencies. h.Circulation System Manages “Through” and “To” Traffic Strategically. i.Dow ntow n Way-Finding and Parking Systems are U ser-Friendly. j.Dow ntow n H osts a Central Plaza for Community Events and Activities. k.Dow ntow n is a great Place to Work, Visit, Shop, Learn, and Live. 2.D owntow n D evelopment Framew ork. The Development Framework that has been identified and w ithin w hich the community w ill pursue a revitalization blueprint is as follow s: a.Define and Focus D evelopment on Target Markets. b.Emphasize Mixed-Use D evelopment w ith G round Floor Retail. c.Infuse R esidential U nits D owntown. d.Build a Sound Parking System for Employees, C ustomers, Visitors, and R esidents. e.Build a Pedestrian and C ycling Pathw ay N etw ork Linking K ey Dow ntow n N odes. f.Undertake Infill, Redevelopment, Adaptive Re-U se, and Historic Preservation. Implement an Urban Renew al Program. g.Install Small B usiness Amenities and Services to Draw this Market. h.Design the Place of Dow ntow n for A merica’s Families. i.Connect to Community & Region w ith Wayfinding, G atew ays, Parking, A menities, and Marketing. j.Recruit Social Retailers to Reconnect with Major Regional Markets. 5.02.030 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the C BD zone. The follow ing uses and structures indicated as “CUP” may be permitted in the C BD zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. C ENTRA L BUSIN ESS DIST RICT (*All dw ellings must be above the ground floor w ithout a C U P.) A ccessory A ccessory B uilding (See subsection 3.02.070.)P R esidential Single-family Dw elling*P 2-family Dw elling: D uplex, Tow nhome*P Page 19 Group Housing D w ellings on 1st Floor C U P A partments (high and low-rise)* Family Apartments P Bed and Breakfast Inn* (See subsection 3.02.160.) (attached to commercial or other non-residential use)P Boarding H ouses* (See subsection 3.02.160.)P D ormitory, Fraternity, Sorority (max. 6 persons/unit) C U P H otels P Membership Lodging P Multi-Family*P Religious Q uarters P Short-Term Rental* (See subsection 3.02.160.)P Vacation Rentals P C are Facilities Assisted & Residential Care Facility C U P Behavior, Drug & A lcohol Treatment C U P Day Care Centers P Group H ome (D isabled & Elderly; under 8 residents)P Place of Worship Churches, Synagogues and Temples P O ther Religious A ctivities P Religious Reading Rooms P Schools, public or private D ancing Schools C U P N ursery Schools P Indoor R ecreation A thletic C lubs, Body Building Studios, A erobic Centers & G ymnasiums P Billiards and Pool H alls P Page 20 Entertainment Bowling Alleys P Coin-operated A musements P Cultural A ctivities P D ance H alls, B allroom P Ice Skating P Miniature Golf P Public A ssembly P Roller Skating & Skate B oarding P Theatres (A uditoriums, Performing & Motion Picture)P Food Bakeries & Doughnut Shops P Candy, nut & confectionery C U P D airy Products C U P Eating Places; R estaurants P Food Stores P Fruits & Vegetables C U P G rocery Stores (5 - 10 acres only)P Miscellaneous R etail Food P Manufacturing Small G eneration (Minor assembly & other innocuous manufacturing) C U P A pparel and Accessories P Books, Stationary, A rt and H obby Supplies P D epartment Stores (junior and major chains)P D iscount D epartment P D irect Selling Organization P D ry G oods and G eneral Merchandise P Page 21 R etail Electrical Supplies P Florists P Furniture, Home Furnishings & Equipment (No Combined Warehousing)P G arden Supplies (Inside Building O nly)P H ardw are P H eating & Plumbing Equipment (N o O utside Storage)P Ice D ealers (A utomated Machines or Pick-U p Stations Only)P Jew elry P Liquor Stores & Packaging P Merchandise Vending Machine Operators P Miscellaneous R etail Stores P Miscellaneous R etail Trade P Motorcycles, Motor Scooters, Parts, A ccessories & Supplies P Paint, G lass & Wallpaper P Shopping Centers (Uses Listed H ere; 5 - 10 acres) C U P Sporting Goods, Bicycles, And Toys p Surplus Stores (inside only)p Variety Stores p A uction H ouses C U P Beauty & Barber Shops P Building Maintenance P D rug & Proprietary Stores P Educational Services P Equipment Rental C U P Executive, Legislative & Judicial P Page 22 Services G asoline Service Stations C U P G unsmiths P Laundry & Dry Cleaning C U P Libraries P Locksmiths & K ey Shops P Miscellaneous B usiness Services P Miscellaneous Service Organizations P Package Antiques & Second-Hand Merchandise P Package Second-H and A uto Parts (indoor only)P Personal Services (except w edding chapel and reception centers)P Photographic Services & Studios P Postal Services P Protective Functions & R elated Activities P Repair, Furniture & Reupholstering P Repair, Garment, Pressing & Alteration (no on-site dry-cleaning)P Repair, Miscellaneous Small Item C U P Repair & Service, Electrical A ppliance P Repair, Saw, K nife & Tool Sharpening C U P Repair, Shoe, Hat Cleaning C U P Spas P Video Rental Shops P Wedding Chapels & Reception Centers C U Page 23 P Office Banks, Insurance & Real Estate O ffices P Business (office & retail sales only)P Call C enters (additional parking provided & approved by Zoning A dmin.)P Contract Construction Services O ffice & Retail P Janitorial O ffice (D welling & business cleaning)P Mail & Phone O rder H ouses C U P Miscellaneous B usiness Services Office P Professional Service Providers (except behavior, drug & alcohol treatment)P Refuse D isposal Company O ffice P Travel A gencies P U tility, Electric Company office P U tility, G as Company O ffice P U tility, Water or Irrigation C ompany O ffice P A utomobile Parking Lots and G arages (no impound or long-term storage)P Parking G arages (>10 parking spaces & garage majority of space) C U P Transportation Bus Transportation (no garaging & equipment maintenance)P H eliport (pad only, no maintenance) C U P Motor Vehicle Transportation P Crematory P Funeral Parlor (mortuary)P U tilities Communications C U P Page 24 5.02.040 Lot A rea There is no minimum lot area in the CB D zone. 5.02.050 Lot Width Each lot or parcel of land in the CBD Zone shall have an average w idth of not less than thirty (30’) feet. 5.02.060 Lot Frontage Each lot or parcel of land in the CBD Zone shall abut on a public street for a minimum distance of twenty-four (24’) feet on a line parallel to the center of said street. 5.02.070 Lot D ensity Residential dwelling density shall not exceed forty (40) dw elling units per acre. 5.02.080 Yard R equirements The following minimum yard requirements shall apply in the CBD Zone: A.Front Yard. The minimum front yard setback shall be zero (0’) feet. The maximum front yard setback shall be ten (10’) feet from right-of-w ay. 1.Parking spaces, drive aisles, and all maneuvering areas shall not be located w ithin the first ten (10’) feet of a front yard. This area shall be used for landscaping that will adequately screen parking areas from adjacent right-of- w ay. B.Side Yard. Except as provided in this section, there shall be no side yard requirements. C.Rear Yard. No requirement. D.Projections into Yards N o part of any building shall overhang the public right-of- way. (See subsection 3.02.090.) E.Transitional Development Standards. (See subsection 3.02.080.) 5.02.090 Building H eight Buildings and portions of buildings within the CBD shall not exceed forty-five (45’) feet in height. A.Proximity to Residential Zone. B uildings w ithin fifty (50’) feet of a residential zone shall be limited to thirty-five (35’) feet in height, measured at the top of building’s horizontal w all, or maximum height of the affected residential zone. B.Extra R esidential Floor. One additional story or ten (10’) feet in height shall be Page 25 allowed extra w hen the building contains a floor of residential units that are not located on first floor or street level. C.Additional height may be allow ed w ith a Conditional U se Permit (C U P). 5.02.100 Distance B etw een Buildings N o requirement except as regulated by the provisions of the Building C ode of Rexburg, ID . 5.02.110 Permissible Lot Coverage N o requirement except as may be dictated by the necessary provision of off-street parking and other applicable requirements. 5.02.120 Parking, Loading, And Access Each Lot or parcel in the CBD Zone shall provide automobile parking sufficient to meet the requirements as set forth in section 3.4. A.Parking shall be calculated for each use individually, based on its ow n standard. B.Additional Parking. A dditional parking spaces may be required if a new use requires more parking than traditional retail. C.Residential Uses. 1.Required parking for residential uses shall be provided on the subject lot or parcel when possible. 2.When not possible, required parking may be provided on a separate lot or parcel in the vicinity after the approval of a conditional use permit. D.Parking areas shall be adequately screened from adjacent right-of-way. 5.02.130 Other Requirements Mixed-use projects, w here the ground floor use is non-residential (i.e., retail shops on the main floor with apartments over the top), shall be built to the Commercial D esign Standards (See section 6.0) and the following: A.Uses Within Buildings. All uses established in the CBD Zone shall be conducted entirely w ithin a fully-enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and appropriately conducted in the open, and other uses which are allowed by the Planning and Zoning C ommission to be conducted in the open through the granting of a CU P. U ses customarily deemed to be conducted in the open may include, but w ould not be limited to, ice skating, miniature golf, etc. B.Fences 1.Entry Treatments to Private Drivew ays or Subdivision D evelopment Entrances. Entry treatments to private drivew ays or subdivision development entrances may not exceed six (6’) feet at the highest point, except lamps on pillars. Lamps on pillars shall be allow ed to extend up to eight (18”) inches above the allow able height of the fence, provided the pillars shall have a Page 26 minimum spacing of no less than six (6’) feet, measured from face-to-face. 2.Privacy Walls. Privacy w alls w hich project into a required front yard w ill be subject to the Zoning A dministrator or designee for review. C.Landscaping. 1.A minimum of ten (10%) percent landscaping shall be provided for all parking lots and shall be useable for snow storage. D.Trash Storage. (See subsection 3.02.120) 1.Materials for Screening. Materials and location of the screened areas shall be review ed and approved by the Zoning A dministrator or D esignee prior to installation. Materials used for screening should be consistent with the predominant material found in the exterior construction of the building used by the business served, how ever, as a minimum, a vinyl fence w ill be allow ed. E.Walls and Fences. (See subsection 3.02.110.) 1.Entryw ays. Entry treatments to private driveways or subdivision development entrances may not exceed six (6’) feet at the highest point, except lamps on pillars. Pillars shall be allow ed to extend up to eighteen (18”) inches above the allowable height of a fence provided that the pillars shall have a minimum spacing of no less than six (6’) feet, measured face-to-face. 2.Privacy Walls. Privacy w alls w hich project into a required front yard w ill be subject to Committee D evelopment Director or Designee review. 3.D ouble Frontage L ots. A fence or wall may be erected in the rear yard of a double frontage lot subject to Committee Development D irector or D esignee review. F.Signs. (See section 3.5.) 1.Signing of shops and business establishments should be simple and attractive w ith signs mounted flat against the building to reduce the sign clutter and enhance the aesthetics of the dow ntow n area. 2.Blade signs that are placed betw een eleven (11’) feet and sixteen (16’) feet above sidewalk are allowed in the right-of-w ay as approved by City Engineer. 5.02.140 Sidew alk Cafes A sidew alk café shall be permitted if the follow ing requirements are met: A.An applicant submits scaled plans demonstrating that the café will conform to the follow ing development standards: 1.U nobstructed Sidew alk. A t least six (6’) feet of clear, unobstructed sidewalk w idth w ill remain available for pedestrian use and shall be required between any portion of the café area and any sidew alk obstructions such as tree w ells, street signs, utility poles, new spaper racks, benches, kiosks, drinking fountains and landscaped areas. 2.Furnishings. Tables, chairs and other furnishings associated w ith the café w ill be located directly adjacent to the building and ground floor space in which food or drink is prepared. 3.Setback. A setback of five (5’) feet will be maintained from the dining area to Page 27 a property or lease boundary and from the intersection of the public sidewalk w ith a driveway, alley, street or another public sidew alk. 4.N o Barriers. If the sidew alk café is limited to one row of tables and chairs parallel to the building, no barriers will be erected to impede access. If a sidew alk café is designed to have more than one such row of tables and chairs, a non-sight obscuring removable barrier not more than three (3’) feet high enclosing the tables and chairs shall be constructed. B arrier gates shall not sw ing into the required unobstructed sidewalk area required in subsection A.1 above. 5.Awnings associated w ith the café w ill be installed in accordance w ith the Building Code. 6.U mbrellas shall not extend into the required unobstructed sidew alk area. 7.Signs associated with the café w ill be installed in accordance with Rexburg City C ode. 8.A dequate facilities for the storage of trash and tobacco waste products generated by the café will be provided at a convenient location. B.Agreement. A n agreement betw een the applicant and the City is executed and recorded that includes the follow ing provisions: 1.N o alcohol will be consumed on the sidew alk. 2.Insurance. Insurance w ill be continuously maintained to adequately co-insure Rexburg City against any liability associated with the sidewalk café, as reasonably determined by the City. The insurance certificate shall name the City as an “additional insured.” Cancellation of such insurance shall require at least thirty (30) days prior notice to the C ity. 3.Liability. Rexburg City, its officers, agents and employees, w ill be held harmless from any claims, causes of action, injuries, losses, damages, expenses, fees and costs, including attorneys’ fees, associated or arising from the operation of the café. 4.D amage. The café owner and operator will be responsible for repair of any damage done to the public sidewalk due to the installation or removal of furnishings, barriers or other features of the sidewalk café. 5.Hours. Hours of café use w ill be limited to not earlier than 7:00 A .M. and not later than 11:00 P.M. and w ill not exceed the operating hours of the associated eating or drinking establishment. 6.Music. Within the sidew alk café the use of sound reproduction equipment w ill be prohibited and live acoustic music and musical instruments w ill be allow ed, providing sound levels are controlled so as to not disturb other businesses and are kept w ithin legal decibel levels per City noise regulations. 7.Sidew alk Maintenance. a.The sidewalk café and surroundings will be maintained in a neat and clean condition at all times. b.All tables and chairs, any barrier, and other sidew alk obstructions associated w ith the sidew alk café w ill be removed during the time period between one-half (1/2) hour after close of business to one-half Page 28 (½) hour before opening of the business. c.The Café owner and operator will remove café improvements if necessary for sidewalk repair or replacement, utility maintenance, or upon failure to comply w ith the terms of the agreement. 5.02.150 Canopies And Marquees Canopies and/or marquees may be extended over public sidew alks in the C BD Zone only after a Conditional U se Permit (CUP) has been granted by the Planning and Zoning Commission for their erection and after a revocable license has been issued by the Rexburg C ity Mayor in accordance with the procedures outlined herein. Said marquees or canopies may be supported by columns or stanchions which are attached to the ground w ithin the public right-of-w ay and do not extend beyond the street curb line. A.Canopies and marquees erected in the C BD Zone must comply w ith all of the follow ing conditions: 1.C onditional Use Permit. A C U P must first be granted by the Planning and Zoning Commission following an application submitted to the Planning and Zoning Commission. Procedure for granting a conditional use permit for this purpose shall be in accordance w ith Rexburg City C ode. The Planning and Zoning Commission shall not grant a conditional use permit for any construction of such canopies or marquees unless the follow ing is fully demonstrated to their satisfaction: a.The canopy or marquee is harmonious in design and appearance w ith the building upon w hich it is being located, and with the general architectural and visual theme of the CB D Zone. b.The canopy or marquee w ill be constructed of materials contained on the materials list for the CBD Zone approved by resolution of the City Council. c.The canopy or marquee w ill tend to improve the visual environment of the City, w ill not be harmful to any existing tree or landscaping element, w ill increase dow ntow n property values, and will promote the objectives and characteristics of the Central B usiness District zone as set forth herein. d.Canopies or marquees shall remain open and unencumbered on three (3) sides except for required supporting columns, stanchions, or architectural features approved by the Planning and Zoning Commission. e.The location of supporting columns or stanchions w ill not obstruct pedestrian traffic on the sidew alk, and w ill not materially affect existing landscaping or street furniture installations in the public right- of- way. f.Right-of-w ay. (1)In no event shall any portion of the public right-of-w ay be used for commercial storage, display, or other private use. Page 29 (2)The construction of any canopy or marquee under the provisions of this section shall in no w ay deprive the public of use of the public right-of-w ay. g.Landscaping. In the event that no public landscaping exists in the area adjacent to said canopy or marquee, the Planning and Zoning Commission shall require the provision of a landscaped and planted area no less than four (4’) feet in width and no greater than six (6’) feet in w idth to be planted with materials as part of the granting of a conditional use permit. This planting shall be provided at least the full width of the canopy or marquee installation. h.Building Code. A ll canopy or marquee installations w ill be in full conformance with the provisions of the B uilding Code of Rexburg, ID . The provisions of this section are not intended to in any w ay nullify or repeal any portions of the B uilding Code provisions. 2.License. A license shall be obtained from the Mayor permitting such construction. Conditions deemed appropriate by said Mayor may be imposed upon the granting of a license. a.Revoked. Said license may be revoked after ninety (90) days of written notice to the licensee, at w hich time all improvements must be removed from the public right-of-w ay at the full expense of said licensee. (1)R estoration. The City right-of-w ay shall be restored by the licensee at his own expense to a condition equivalent or better than that existing in the remainder of the block face, and to a condition satisfactory and acceptable to the Mayor. 3.Liability. The licensee shall agree to save and hold harmless the City on any and all damage to any property or person arising from the construction and maintenance of such canopies or marquees. a.Licensee shall assume and pay all costs of installation, maintenance, and removal of said canopy or marquee. b.The licensee shall agree to pay damages and hold the C ity harmless from any claim that may arise through the licensee's use of public property for this purpose. 5.02.160 Referenced Sections A.Prior Created L ots (S ee su b sec tio n 3 .0 3 .0 7 0 .) B.Project Plan Approval (S ee su b sec tio n 3 .0 2 .1 3 0 .) C.Lighting Standards (S ee section 3 .6.) 5.2 CEN TRA L B USINESS D ISTRICT (CBD ) (Repealed) 5.02.010 Purpose And Objectives (Repealed) 5.02.020 Architectural Design Standards (Repealed) Page 30 5.02.030 Permitted Uses (Repealed) 5.02.040 Lot A rea (Repealed) 5.02.050 Lot Width (Repealed) 5.02.060 Lot Frontage (Repealed) 5.02.070 Lot D ensity (Repealed) 5.02.080 Yard R equirements (Repealed) 5.02.090 Building H eight (Repealed) 5.02.100 Distance B etw een Buildings (Repealed) 5.02.110 Permissible Lot Coverage (Repealed) 5.02.120 Parking, Loading, And Access (Repealed) 5.02.130 Other Requirements (Repealed) 5.02.140 Sidew alk Cafes (Repealed) 5.02.150 Canopies And Marquees (Repealed) 5.02.160 Referenced Sections (Repealed) A ll Zoning Standards apply. (See 3.01-3.06) SECTION 10: A MEND MEN T “5.3 TRA N SITION AL AG RICU LTURE ZON E (TA G )” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.32 TRA N SITION AL AG RICU LTURE ZON E (TA G)