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HomeMy WebLinkAboutMOBILE FOOD COURT 8.4.2021 - 21-00475Page 1 SECTION 1: A MEND MEN T “M-N” of the Rexburg D evelopment C ode is hereby am ended as follows: A M E N D M E N T M-N Manufactured Home: A single-family unit fabricated in one or more sections at a location other than the home site by assembly line or similar production techniques or by other construction methods typical of off-site manufacturing process. The home is transportable in one (1) or more sections. Every section shall bear a label certifying that it is built in compliance w ith the Federal Manufactured H ome Construction and Safety Standards (HU D), June 15,1976 (42 U .S.C. Sec. 5401). A manufactured home may be designed to be tow ed on its ow n chassis or be delivered to the site by other means. Manufactured Housing/Mobile Home Park or C ommunity: A parcel of land under single ow nership that has been planned and improved for the placement of manufactured homes. The land has been divided into one or more manufactured home lots for rent or sale. (See chapter 11.) Mobile Food Court: An area that consists of three (3) or more vendors at a permanent site in an open-air location w ith designated stalls or areas. Mobile Home: A structure transportable in one (1) or more sections w hich is eight (8’) feet or more in width and is thirty-tw o (32’) feet or more in length and w hich is built on a permanent chassis and designed to be used as a year-round residential dwelling w ith or w ithout a permanent foundation w hen connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems. A.Rehabilitated Mobile Home: A factory-assembled structure constructed prior to June 15, 1976, or brought into the state after July 1, 1998, which have been upgraded to comply w ith Idaho C ode Title 44 Chapter 25 and received a “Certificate of Compliance” from the Division of B uilding Safety of the State of Idaho. Mobile Home Subdivision: A subdivision designed and intended for residential use w here residence is in mobile homes exclusively. Mobile Sidew alk/Street Vending C art: A moveable push cart that is operated by a vendor standing on the sidew alk or street, that does not remain in the same location for more than eighteen (18) hours in a tw enty-four (24) hour period. (See vendor.) Mobile Structure: A self-contained structure capable of moving or of being moved readily or relatively easy from place to place or changing quickly from one state or condition to another; tending to travel and relocate frequently. Mobile Vending Trailer: A self-contained mobile trailer operated by a vendor standing on or Page 2 Mobile Vending Trailer: A self-contained mobile trailer operated by a vendor standing on or w ithin the frame of the trailer. Mobile Vending Vehicle: A self-contained motorized vehicle operated by a vendor standing on or w ithin the frame of the vehicle, w hich is capable of moving under its ow n pow er. Mobile Vendor: A business exhibiting goods or services from a mobile vending vehicle, mobile vending trailer, on footor mobile structure or in a similar mobile manner except sidew alk vending carts one (1) hour, or which is operating during an approved public event on property ow ned or leased by a governmental entity, w ith approval of the event organizer. Motel: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for travelers and having automobile parking conveniently located on the premises. Motor Hotel: Hotel with direct access from rooms to parking area. N eighborhood Plan: A plan to guide the platting of remaining vacant parcels in a new or partially-built-up neighborhood so as to make reasonable use of all land, correlate street patterns, and achieve the best possible land use relationships. New C onstruction: structures for w hich the "start of construction” commenced on or after the effective date of this ordinance. N onconforming Building: A ny building w hich does not meet the limitations of building size or location on a lot for the district in w hich the building is located and w as built prior to the effective date of this ordinance. (See section 3.3.) Nonconforming Lot: An existing lot, the area, w idth, size, or other characteristic of w hich, fails to meet the requirements of the district in w hich it is located and w hich was conforming prior to the effective date of this ordinance. (See section 3.3.) N onconforming U se: A use not conforming to the provisions of this ordinance but which w as law fully existing at the time of adoption of this ordinance. (See section 3.3.) N ursery Schools: A building or structure where care, protection, and supervision are provided on a regular schedule, at least three times a week for six (6) or few er children. (See subsection 4.00.040.) SECTION 2: A MEND MEN T “V-Z” of the Rexburg D evelopment Code is hereby am ended as follows: A M E N D M E N T V-Z Page 3 Variance: A modification of the requirements of this O rdinance for lot size, lot coverage, w idth, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provisions affecting the size or shape of a structure, the placement of the structure upon lots, or the size of the lot. A variance does not include a change of land use. (See Idaho Code 67-6516.) Vending Location: Stalls at a specific location designated for the placement of a mobile food vendor. Vendor: Is defined as any person, including an employee or agent of a group of individuals, partnership, or corporation, w ho sells or offers to take orders or sell food, beverages, goods, or merchandise from a mobile vending cart, mobile vending vehicle, or mobile vending trailer, or any other type of conveyance or from his or her person. The w ord vendor shall include the w ords "hauler', "huckster" and "peddler". A.Seasonal Vendor: A business, other than a mobile vendor, exhibiting goods or services within the City of Rexburg from a temporary or mobile structure or vehicle or in a similar temporary manner for more than fourteen (14) days in any year, but for less than one hundred eighty (180) days in any year. B.Food Court Vendor: A business exhibiting goods or services from a mobile vending vehicle, mobile vending trailer, or mobile structure or in a similar mobile manner except sidewalk vending carts operating at a designated Food Court or on developed property w ith the permission of property ow ner and meeting any land use requirements. These vendors may be considered permanent. C.Sidew alk Vendor: The temporary peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value from a mobile sidew alk vending cart by a vendor to persons on the designated public right of ways for not more than eighteen (18) hours in tw enty-four (24) hours on any one site. If a Special Event Permit is sought, the City may make an exception to the usual hours of operation. Setup can occur up to one hour before and take dow n can occur one hour after stated times. (See 12.04.070 for restrictions on public park vending.) 1.A ll mobile vending carts, trailers, or vehicles must be removed from public property during non - vending hours. 2.A sidew alk vendor shall not be located w ithin fifty (50') feet of a brick and mortar business selling a similar product. D.Street Vendor: The temporary peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value from a mobile vending cart, trailer, or vehicle situated in a designated parallel parking stall by a vendor to persons on the sidewalk for not more than eighteen (18) hours in twenty- four (24) hours on any one site. (See map.) A ll mobile vending carts, trailers, or vehicles must be removed from public property during non -vending hours. If a Special Event Permit is sought, the City may make an exception to the usual hours of operation. Setup can occur up to one hour before and take dow n can occur one hour after stated times. 1.A ll mobile vending carts, trailers, or vehicles must be removed from public property during non - vending hours. 2.A street vendor shall not be located within fifty (50') feet of a brick and mortar Page 4 business selling a similar product. Vicinity Map: A small scale map show ing the location of a tract of land in relation to a larger area. Warehousing and D istribution: A use engaged in storage, w holesale, and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Yard: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such uses as provided by this Development Code. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the line of the main building unless otherw ise noted in the D evelopment Code. A.Front Yard: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth. B.Rear Yard: A yard extending the full w idth of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot. C.Side Yard: A yard lying betw een the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. Side yard width shall be measured at right angles to the side lines of the lot. Zone: A portion of the territory of the City, exclusive of streets, alley, and other public ways, w ithin which certain uses of land, premises, and buildings are not permitted and w ith w hich certain yards and open spaces are required and certain heights are established for buildings. SECTION 3: A MEND MEN T “5.01.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.020 Permitted Uses In the mixed-use (MU ) zone, residential, commercial, and institutional uses may occupy the same building and lot. The follow ing principal uses and structures indicated as “P”, and no others, shall be permitted in the MU zone. The follow ing uses and structures indicated as “C UP” may be permitted in the MU zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. MIXE D USE A ccessory Accessory Building (N on-living quarters)P Accessory Sw imming Pool P Page 5 R esidential Townhomes C UP Twin H ome C UP Group Housing Bed and Breakfast Inn/Short Term Rental (See subsection 3.02.160.)P Dormitory C UP Hotels, Motels, and Membership Lodging P Multi-Family Residences P C are Facilities Behavior, Drug & A lcohol Treatment CUP Day Care Centers (7 or more children, 3 or more times a week)P Group H ome (D isabled & Elderly; under 8 residents)P Hospitals, O peration Centers, O ut- Patient Medical CUP Sanitariums, Convalescent & R est Homes CUP Place of Worship Churches, Synagogues, Missions & Temples P Religious Activities & Religious Quarters P Schools, public or private Dance Schools & Studios P Nursery Schools (6 or less children, 3 or more times a w eek)P Schools (K -12)C UP Technical Schools C UP R ecreation Athletic Clubs, Body Building Studios, Aerobic Centers & G ymnasiums, etc.P Commercial Pools C UP Spas P Tennis Courts C UP Amusement Arcades, B illiards & Pool Hall, Bow ling A lleys, Miniature Golf C UP Dance H alls, Ballroom P Page 6 Entertainment Indoor D riving Ranges C UP Libraries P Museums & Art Galleries P Food R etail Bakeries & D oughnut Shops P Candy, Nut & C onfectionery & Related Products P Eating Places; R estaurants* (N o drive- through)P Eating Places; (Drive-through)C UP Fruits & Vegetables P Grocery Stores C UP Mobile Food Court C UP Specialty Food Stores (Meat, dairy, etc.)C UP R etail Antiques (No outside display)P Apparel & A ccessories P Beauty & Barber Supply, Perfumes, Cosmetics, Hair Care & O ther Toiletries P Books, Stationary, Art & Hobby Supplies P Building & Construction Supplies Retail (N o outside storage)P Direct Selling O rganization P Pharmacy & Proprietary Stores P Electronic & Small O ffice Machines P Furniture, Home Furnishings & Equipment (N o combined warehousing) P Garden Supplies (Nursery stock, equipment, tools, greenhouse, yard art, etc.) C UP Gas Service Stations C UP Page 7 General Merchandise (Department, Discount, Variety, etc)P Hardware P Janitorial Supplies C UP Jew elry, Watches & Clocks P Merchandise Vending Machine Operators P Musical Instruments P Optical Goods, Instruments & Lenses P Photographic Supplies & Equipment P Professional, Scientific Equipment & Supplies C UP Retail Stores (Florist, pet stores, etc.)P Shopping Centers (More than 5 acres, less than 10 acres)C UP Sporting Goods, B icycles, and Toys (Include guns, fishing, ammo, camping gear, skis, etc.) P Swimming Pool Supplies C UP Thrift Store, Second H and Clothing, Shoes, Furniture, Books (All indoors; no outdoor collection) P Accounting, A uditing, Bookkeeping Services & Management P Advertising Services P Animal G rooming CUP Auto Washing, Polishing, D etailing CUP Banks, Finance, Investment, Insurance & Real Estate O ffices P Beauty & Barber Shops P Building C ontractor O ffices (No outside store)P Call Centers CUP Page 8 Services Clubs & Service O rganizations (Civil, social and fraternal) P Computer Programming, Training, Repair, Consultants and Program Softw are - Custom P Consumer Credit Services or Collection P Employment Services P Engineering, A rchitectural & Planning P Executive, Legislative & Judicial P Household Good Warehousing & Storage C UP Janitorial O ffice (D welling & business cleaning)C UP Laundry & Dry Cleaning, Pressing, Alteration & G arment Repair P Locksmiths & K ey Shops P New s Syndicate Services O ffices P Pharmacy & Proprietary Stores P Photocopying, Mailing, Blueprint & Stenographic P Photographic Services & Studios P Physicians & D ental O ffices & Services P Postal Services P Printing/Publishing (Including new spapers)C UP Professional Services Office P Rental Supplies (Indoor only)P Repair & Service, Electrical A ppliance P Repair, Furniture & Reupholstering P Repair, Gunsmiths C UP Repair, Jew elry, Watch, Clock P Repair, Shoe, Hat, Seamstress, etc.P Page 9 Travel A gencies P Veterinarian Services (Small animal indoor only)*C UP Wedding C hapels & Reception Centers P Welfare & C haritable Services C UP Transportation Automobile Parking Lots and G arages (N o impound or long-term storage)C UP Bus Transportation (No garaging & equipment maintenance)P Motor Vehicle Transportation P Railroad, Rapid Transit (Public & private)C UP U tilities Communications (Including radio, television stations & broadcasting tow ers) C UP Gas Pressure Control Stations C UP Right-of-way (Combo utilities, electric, gas pipeline, sewage pipeline, storm drain & w ater pipeline) P Sewage Pumping Stations P Utility C ompany O ffice P Water Pressure Control Stations & Pumping Plants P *Veterinarian conditions 1. Experimental or scientific research activities are prohibited. 2. No on-site disposal of dead animals. 3. A nimal noise shall not be audible at the nearest property line. 4. O vernight boarding shall be limited to animals receiving treatment on the premises. 5. Services shall be limited to small animals only. 6. N o services shall be permitted for poisonous or dangerous animals. A.Permitted Accessory Uses & B uildings. (See subsection 3.02.070.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A ccessory buildings shall maintain architecturally similar material and colors w ith the main building. Page 10 SECTION 4: A MEND MEN T “5.02.030 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.02.030 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 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 Assisted & Residential Care Facility C U P Page 11 C are Facilities 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 Entertainment Billiards and Pool H alls P 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 Page 12 G rocery Stores (5 - 10 acres only)P Miscellaneous R etail Food P Mobile Food C ourt C U P Manufacturing Small G eneration (Minor assembly & other innocuous manufacturing)C U P R etail 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 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 Page 13 Surplus Stores (inside only)p Variety Stores p Services 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 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 Page 14 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 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 Page 15 Funeral Parlor (mortuary)P U tilities Communications C U P SECTION 5: A MEND MEN T “6.01.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 6.01.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the C BC zone. The following uses and structures indicated as “C UP” may be permitted in the C BC zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. C OMMU NITY B U SIN ESS C E N TER (C BC ) R esource Production Farming, Fibers, Fruits, Vegetables P Grain (silos)CU P A ccessory Accessory Building P Group Housing Campgrounds and Travel P Motels & Motor Hotels CU P C are Facilities Day Care Centers P Hospitals P Nursing H ome CU P Medical O ut-Patient P Residential Facility for Elderly Persons (not including assisted living; greater than 8 residents) CU P Place of Worship Churches, Synagogues and Temples CU P Nursery Schools P Page 16 Schools, public or private Schools P Indoor R ecreation Athletic Clubs, Body Building Studios, A erobic Centers & Gymnasiums P Entertainment Amusement Parks P Arcades P Art Galleries P Athletic Fields P Billiards and Pool H alls P Bow ling A lleys P Coin-operated A musements P Dance H alls, Ballroom P Drive-In Movies P Fairgrounds P Go-Cart, 4-wheeler Tracks CU P Golf Driving Ranges P Ice Skating P Miniature Golf P Museums P Parks & Playgrounds P Recreation Centers P Riding Stables CU P Roller Skating Rink P Roller Skating & Skate Boarding Park CU P Skiing & Tobogganing P Stadiums, Arenas & Field H ouses CU P Swimming Pools P Tennis Courts P Theatres (A uditoriums, Performing Theatres, Motion Picture)P Page 17 Food Bakeries P Candy, Nut C onfectionary P Eating Places; R estaurants P Food Lockers CU P Food Stores P Fruits & Vegetables P Miscellaneous Retail Food P Mobile Food Court C UP Seasonal Food Sales (Street & Road-side Stands)P R etail Antiques P Apparel and Accessories P Automobile A ccessories (except tire recapping & vulcanizing)P Automobile Sales (New & U sed)P Books, Stationary, Art and H obby Supplies P Commercial Printing P Department Stores (junior and major chains)P Discount D epartment P Drugs & D ruggist Supplies P Drug & Proprietary Store P Dry G oods and G eneral Merchandise P Electrical Supplies P Farm Equipment P Flat G lass, G lassware P Furniture, Home Furnishings & Equipment (No Combined Warehousing)P Garden Supplies (Inside B uilding O nly)P Gasoline Service Stations P Hardware P Heating & Plumbing & A /C Equipment (N o O utside Storage)P Ice D ealers (Automated Machines or Pick-U p Stations O nly)P Page 18 Instruments for Measuring P Jew elry P Laboratory & Research Instruments P Liquor Stores P Lumber Yards & Building Materials P Miscellaneous Retail Stores (florist, photo supplies, pet stores, etc.)P Motorcycles, Motor Scooters, Parts, A ccessories & Supplies P Optical Instruments & Lenses P Paint, Glass & Wallpaper P Pottery & Related Products P Professional, Scientific Equipment & Supplies P Radio-controlled A irplanes P Retail Trade P Shopping Centers & Malls (Uses Listed H ere)P Swimming Pool Supplies P Thrift Store and Second-H and Merchandise (Inside O nly, N o Collection B oxes)P Variety Stores P Wholesale Trade CU P A nimal Animal G rooming P Animal K ennels CU P Veterinarian Services (Small A nimal Indoor O nly) P Animal H ospital (Small Animal O utpatient Clinic O nly)CU P A utomobil e Automobile G lass Repair P Automobile (Manufacture & Installation of Accessories) N o tire recapping/vulcanizing CU P Automobile Repair P Auto & Truck R ental (*See Conditions at end of list.)P Auto Washing, Polishing, D etailing P Building Contractor Offices, Retail, P Page 19 Servi ces C onstructi on & Storage Yards CU P Carpentering, Wood Flooring Installation P Concrete P Engineering, A rchitectural & Planning P Masonry, Stonew ork & Plastering P Painting, Wall Papering, D ecorating P Roofing & Sheet Metal P Funeral Crematory P Funeral Parlor (mortuary)P Governme nt Executive, Legislative & Judicial P Libraries P Police Protection & Related A ctivities O ffice P Postal Services P Laundry Dry C leaning (pick-up only)P Dry C leaning CU P Laundry P Manufactu ring Gunsmiths P Package Antiques & Second-Hand Merchandise P Printing/Publishing (including newspapers)P Scientific Research & Testing P Small Generation (Minor assembly & other innocuous manufacturing) CU P Medical Ambulance CU P Dental O ffices P Drug & Proprietary Stores P Medical Laboratories P Out-Patient P Physicians’ O ffices & Services P Banks, Insurance & Real Estate O ffices P Page 20 Office Only Business (office & retail sales only)P Call Centers CU P Duplicating, Stenographic and O ffice Services P Janitorial O ffice (D welling & business cleaning)P Mail & Phone O rder H ouses P Professional Service Providers (not behavior, drug & alcohol treatment)P Organizati ons Business A ssociations & Professional Membership P Clubs & Service O rganizations (civil, social and fraternal)P Labor Organizations P Miscellaneous Service Organizations P Protective Functions & R elated Activities P Welfare & C haritable Services P Personal Accounting & Bookkeeping P Auction H ouses CU P Beauty & Barber Shops P Consulting P Consumer C redit or Collection P Educational Services P Employment Services P Legal P Photographic Services & Studios P Spas P Plants Horticulture & Plant N urseries P R ent Equipment Rental & Leasing P Video Rental Shops P Wedding C hapels & Reception Centers P Pressing, A lteration and G arment Repair P Repair & Service, Electrical A ppliance P Repair, Furniture & Reupholstering P Page 21 R epair Repair, Jew elry, Watch, Clock P Repair, Miscellaneous Small Item CU P Repair, Saw, K nife & Tool Sharpening CU P Repair, Shoe, Hat C leaning P Travel Travel A gencies P Warehousi ng Household Good Warehousing & Storage CU P Refrigerated Warehousing CU P Transportation Automobile Parking Lots and G arages (no impound or long-term storage)P Bus Passenger Terminals P Bus G araging & Equipment Maintenance CU P Motor Freight G araging & Maintenance CU P Motor Freight Terminals CU P Railroads (Terminals & Yards)CU P U tilities Communications (TV, Radio, etc.) Stations & Tow er CU P Debris Basin CU P Electric G eneration Plants CU P Electric Substations CU P Gas, Bottled CU P Gas(N atural or Manufactured Storage & Distribution Points)CU P Gas, NEC CU Page 22 P Gas Pressure Control Stations P Irrigation D istribution C hannels P Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain P Sewage Pumping Stations P Spreading G rounds (For Percolating Water into U nderground)CU P Storm Drain P Water Pressure Control Stations & Pumping Plants P Water Storage CU P A utomobile R ental conditions: 1. Limited to passenger cars only. 2. Storage of vehicles on-site cannot exceed the parking allocated for the leasable floor space for the business. 3. No on-site servicing of the vehicle fleet including mechanical and wash facilities. A.Permitted Accessory Uses. (See subsection 3.02.070.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. SECTION 6: A MEND MEN T “6.02.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 6.02.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the R BC zone. The following uses and structures indicated as “C UP” may be permitted in the R BC zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. R EGIONA L BUSIN ESS CENT ER (RB C ) A ccessory Accessory Building P Used C ars & Trucks (Accessory to New Car, Truck Sales)P Motels & Motor Hotels P Page 23 Group Housing Hotels CU P Tourist Court CU P C are Facilities Day Care Centers P Place of Worship Churches, Synagogues and Temples - Schools, public or private Barber & Beauty School P Dancing Schools & Studios P Nursery Schools P Indoor R ecreation Athletic Clubs, Body Building Studios, A erobic Centers & Gymnasiums P Spas P Entertainment Billiards and Pool H alls P Bow ling A lleys P Coin-operated A musements CU P Dance H alls, Ballroom CU P Ice Skating P Miniature Golf CU P Roller Skating & Skate Boarding P Theatres (A uditoriums, Performing Theatres, Motion Picture)CU P Food Bakeries P Candy, Nut, Confectionery P Eating Places; R estaurants P Food Stores P Miscellaneous Retail Food P Mobile Food Court C UP Manufacturing Gunsmiths P Small Generation CU P Page 24 R etail Antiques (no outside display) CU P Apparel and Accessories P Automobile A ccessories (except tire recapping & vulcanizing)P Automobile Sales (New ; Used (See A ccessory U ses))P Books, Stationary, Art and H obby Supplies P Department Stores (junior and major chains)P Discount D epartment P Drug & Proprietary Stores P Electrical Supplies P Furniture, Home Furnishings & Equipment (No Combined Warehousing)P Garden Supplies (Inside B uilding O nly)P Gas, Bottled CU P Gas Storage, D istribution Points (N atural or Manufactured)CU P Gasoline Service Stations P Hardware P Ice D ealers (Automated Machines or Pick-U p Stations O nly)P Jew elry P Liquor, Package CU P Merchandise Vending Machine Operators P Miscellaneous Retail Stores (florists, photo supplies, pet stores, etc.)P Motorcycles, Motor Scooters, Parts, A ccessories & Supplies CU P Paint, Glass & Wallpaper P Retail Trade P Sporting Goods, B icycles, and Toys P Surplus Stores (inside only)CU P Swimming Pool Supplies P Page 25 Truck & Bus Sales (New ; U sed (See A ccessory Uses))P Variety Stores P Servic es Auction H ouses CU P Automobi le Auto R ental CU P Auto Washing & Polishing P Building Dw elling & Building Office CU P Engineering, A rchitectural and Planning P Janitorial O ffice (D welling & business cleaning)P Funeral Funeral Parlor (mortuary)CU P Governme nt Executive, Legislative and Judicial P Libraries P Police Protections & R elated Activities (office only)CU P Postal Services P Office Banks, Insurance and R eal Estate (office only)P Data Processing P Dental O ffice & Service P Duplicating, Mailing, Stenographic and O ffice P Employment Services P Legal P Mail and Phone Order Houses P Miscellaneous Business Services CU P Physicians’ O ffices & Services P Professional Service Providers P Protective Functions & R elated Activities P Personal Beauty & Barber Shops P Locksmiths and Key Shops P Photography P Page 26 Rent Equipment Rental (Indoor Only)CU P Video Rental Shops P Wedding C hapels & Reception Centers CU P Repair Pressing, A lteration and G arment Repair P Repair & Service, Electrical A ppliance CU P Repair, Furniture & Reupholstering CU P Repair, Jew elry, Watch, Clock P Repair, Miscellaneous Small Item CU P Repair, Saw, K nife and Tool Sharpening CU P Travel Travel A gencies P Transportation - U tilities Communications (TV, Radio, etc.) Stations & Tow ers CU P Debris Basin CU P Electric Substations CU P Gas, NEC CU P Gas Pressure Control Stations P Irrigation D istribution C hannels P Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)P Sewage Pumping Stations P Spreading G rounds (For Percolating Water into U nderground)CU P Storm Drain P Water Pressure Control Stations & Pumping Plants P CU Page 27 Water Storage (covered)P A.Permitted Accessory Uses. (See subsection 3.02.070.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. SECTION 7: A MEND MEN T “7.01.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 7.01.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LI zone. The following uses and structures indicated as “CU P” may be permitted in the LI zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. L IGHT IND USTRIA L (LI) R esource Production Agriculture P A ccessory Accessory Building P Group Housing Caretaker Dw ellings CU P C are Facilities Day Care Centers CU P Place of Worship Churches, Synagogues and Temples - Schools, public or private Nursery Schools CU P Indoor R ecreation Athletic Clubs, Body Building Studios, A erobic Centers & Gymnasiums P Spas P Entertainment Dance H alls, Ballroom P Roller Skating & Skate Boarding P Bakery Products P CU Page 28 Food Canning - fruits, vegetables, preserves, jams, specialty, etc.P Confectionery & Related Products P Dairy Products CU P Eating Places; R estaurants CU P Frozen Fruits, Fruit Juices, Vegetables, etc.P Mobile Food Court C UP Poultry and Small G ame D ressing and Packing CU P Restaurants CU P Manufacturing Bottling & Canning Soft D rinks and Carbonated Waters P Converted Paper & Paperboard Products (except containers & boxes)P Drugs CU P Fabricated Wire Products CU P Industrial Inorganic Chemicals (includes air separation)CU P Industrial Laundry CU P Metal Working Machinery & Equipment (tool & dye shops, machine shops)P Machinery P Miscellaneous Fabricated R ubber Products CU P Miscellaneous Machinery P Miscellaneous Manufacturing (no matches or morticians’ goods)P Miscellaneous Plastic Products CU P Nonferrous Foundries (small casting only)CU Page 29 P Photographic and O ptical G oods P Plastic Materials, Synthetic Resins and N on-Vulcanizable Elastomers CU P Printing, Publishing and A llied Industries P Professional, Scientific & C ontrolling Instruments P Small Generation CU P Textile Mill Products (N o tire cord and fabric.)P Watches & Clocks P R etail Apparel and Accessories (except leather tanning & finishing)P Automobile Trade (U sed Only)P Building Materials P Cut Stone & Stone Products P Campers and H ouse Trailers (N ew & U sed)P Draperies, C urtains, & Upholstery P Electrical Supplies P Farm & C onstruction Vehicles P Farm Equipment & Supplies P Furniture, Home Furnishings & Equipment (No Combined Warehousing)P Gas Storage, D istribution Points (N atural or Manufactured)CU P Gasoline Service Stations P Glass, Flat, Pressed or Blow n P Hardware P Marine Craft & A ccessories P Office Machines (Small)P Optical Goods P Paint, Glass & Wallpaper (Flat, Pressed or B low n G lass)P Perfumes, Cosmetics and O ther Toiletries P Page 30 Photographic Goods P Pottery & Related Products P Printing Ink P Rubber Footwear P Watches & Clocks P Wholesale Trade P Services Accounting, Auditing, Bookkeeping Services & Management Investment Offices CU P Advertising P Animal H ospital P Automobile Transportation P Building Maintenance P Business P Call Centers CU P Contract Construction Services (no storage yards)P Duplicating, Mailing, Stenographic and O ffice P Educational Services P Electric U tility Company Office P Gas U tility Company O ffice P Janitorial O ffice (D welling & business cleaning)P Legal CU P Miscellaneous Business Services CU P Operations Centers (No Open Storage Yards)P Police Protections & R elated Activities (office only)CU P Refuse Disposal Company O ffice P Repair Services CU P Repair, Electric A ppliance P Page 31 Repair, Furniture P Sewage Company Office P Veterinarian Services P Warehousing or Storage Services P Water or Irrigation Company Office P Transportation Automobile Parking Lot & G arages P Heliport (pad only without maintenance facilities)CU P Miscellaneous Transportation P Motor Vehicle Transportation P Railroads, R apid-Rail Transit and Street Railway (N o B us Passenger Terminals)P U tilities Combination U tilities, N EC (Equipment & Storage Yards)CU P Communications (TV, Radio, etc.) Stations & Tow ers P Low Pow er Radio Towers & A ntennas CU P Debris Basin CU P Electric Substations CU P Electric, NEC P Gas, NEC CU P Gas Pressure Control Stations P Irrigation D istribution C hannels P Miscellaneous U tilities P Other Utilities, NEC CU P Refuse Disposal CU P Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)P Page 32 Sewage D isposal, N EC CU P Sewage Pumping Stations P Spreading G rounds (For Percolating Water into U nderground) CU P Storm Drain (covered pipes or boxes)P Water Pressure Control Stations & Pumping Plants P Water Reclamation Plats, Sludge Drying Beds, etc.CU P Water Storage CU P Water Treatment Plants (Purification)CU P Water Utilities or Irrigation, NEC CU P A.Permitted Accessory Uses. (See subsections 3.02.070., 7.00.010.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. SECTION 8: A MEND MEN T “8.02.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 8.02.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the PF zones. The following uses and structures indicated as “C U P” may be permitted in the PF zones only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. PU BL IC FA CIL IT IES A ccessory A ccessory B uilding P R esource Production Mining and Q uarrying CU P R esidential - Page 33 Group Housing - C are Facilities Behavior, D rug and A lcohol Treatment CU P G roup H ome (D isabled & Elderly)CU P H ospitals CU P O peration Centers CU P Place of Worship Religious A ctivities CU P Schools, public or private Military A cademies CU P N ursery, Primary, and Secondary Education P Schools P Special Training P U niversity, College, Junior College, Professional School Education P Outdoor R ecreation A irports and Flying Fields CU P Parks P Fishing Activities CU P Forest Reserves P G roup or O rganized Camps CU P N ature Exhibits P Recreation A ctivities P Entertainment Cultural A ctivities P D ance H alls CU P Public Assembly CU P Food Mobile Food C ourt CU P - Page 34 Manufacturing A ctive Slag D umps and Mineral Waste D isposals CU P A ircraft Manufacturing and A ssembling (in or adjacent to an airport)CU P Central Garbage Grinding Stations and Composting Plants CU P Electric Generation Plants (conventional fuel including hydroelectric, solar, etc.) CU P Small G eneration CU P R etail A ircraft Engines and Engine Parts (in or adjacent to an airport)CU P A ircraft Parts other than Engines (in or adjacent to an airport)CU P Services A mbulance Services CU P Combination U tilities Company Storage Yards and Equipment Storage CU P Cemetery CU P Crematory Services CU P Funeral parlor CU P G overnmental Services (except Management Investment O ffices, O pen-End)P Office Only Electric Utility Company Office P G as U tility Company Office P H ousing Authority Offices and A dministration P Police Protection and Related A ctivities, Branch CU P Refuse D isposal Company O ffice CU P Sew age C ompany O ffice CU P Water U tilities or Irrigation Company O ffice P Page 35 Transportation H eliports and G eneral A ircraft CU P H ighw ays and Street Rights-of-w ay P A utomobile Parking Lots and G arages CU P Railroad, R apid Transit (public or private)CU P U tilities Combination U tilities, N EC CU P Communications CU P D ebris B asin (A dam and basin for intercepting debris)CU P Electricity Regulating Substations CU P Right-of-way (combo, electric transmission, gas pipeline, sew age pipeline, water pipeline, storm drain*)P G as Pressure C ontrol Stations P Irrigation D istribution Channels P G as, N EC CU P Sew age D isposal, N EC CU P O ther U tilities CU P O ther Water U tilities or Irrigation, N EC CU P Sew age Pumping Stations P CUPSpreading Grounds (Area for percolating w ater into under- ground) CU P Water Pressure Control Stations and Pumping Plants P Water Reclamation Plants, Sludge D rying Beds, etc.CU P Water Storage as Part of a U tility System CU P Page 36 Water Treatment Plants (purification)CU P * Storm drain (Predominantly covered pipes or boxes) A.Permitted Accessory Uses. (See subsection 3.02.070.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.Sw imming pools and incidental bath houses subject to the standards of Rexburg City Code; 2.A detached single-family residence used only for the use of a caretaker, w atchman, or similar employee of a permitted use, w hen located upon the same site as said permitted use; 3.N othing herein shall be construed to permit the open storage of materials or equipment used in conjunction w ith permitted uses, or shall be concealed from view from public or private streets. B.Public facilities, public schools and parks which are currently in existence by legal process, may modify for continued use, provided any changes are submitted to the City for administrative review and approval. SECTION 9: A MEND MEN T “8.03.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 8.03.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the U D zones. The follow ing uses and structures indicated as “CU P” may be permitted in the U D zones only after a C onditional Use Permit has been approved, and subject to the terms and conditions thereof. U NIV ER SITY D ISTR IC T R esource Production Farming, fibers, grains, fruits, vegetable P R esidential Manufactured Home > 24’ in width CU P D welling units > 48 units/building CU P A ccessory A ccessory Building P Page 37 Group Housing D ormitory, Fraternity, Sorority CU P C are Facilities D ay C are Centers P Place of Worship C hurches, Synagogues and Temples P Schools, public or private A rt & Music Schools P B arber & B eauty Schools P B usiness Schools P C orrespondence Schools P D ancing Schools P D riving Schools P N ursery Schools P Schools P Vocational Schools P Indoor R ecreation A thletic Clubs & G ymnasiums P Outdoor Recreation A thletic Fields P Parks and Playgrounds, Skate Parks P Skiing & Tobogganing P Tennis Courts P Entertainment A musements P A rt G alleries P B owling Alley P C ultural A ctivities P Ice Skating P Miniature G olf P Museums P Public Assembly P R ecreational Activities P R oller Skating P Sw imming Pools P Theatres & A uditoriums, Motion Picture, Performing P Food Food Lockers P Mobile Food Court CU Page 38 P Manufacturing Electric Generation Plants P Printing, Publishing (Including N ew spapers)P R etail G eneral Merchandise (D epartment, Variety, etc.)P Laboratory & Research Instruments P Musical Instruments P Photographic Supplies & Equipment P Servic es A ccounting & Bookkeeping P B uilding B uilding Contractor O ffices & Storage Yards P C arpentering, Wood Floor Installation P C oncrete P C ontract Construction P Engineering, Architectural & Planning P Masonry, Stonework & Plastering P Painting, Wall Papering, Decorating P R oofing & Sheet Metal P C lubs & Service Organizations (civic, social, fraternal)P C onsulting P E ducation Educational Services P Educational & Scientific Research P Electrical P Employment Services P Governmen t G overnmental Services P Libraries P Police Protection P Postal Services P Medical Medical Laboratory P Medical O ut-Patient P Physicians’ Offices & Services P Plants H orticulture & Plant Nurseries P Miscellaneous P Photocopying, B lueprinting and Stenographic P Page 39 Photographic Services & Studios P Plumbing, Heating & Air-Conditioning P Professional Service Providers P Warehousi ng R efrigerated Warehousing P Veterinarian Services (Small A nimal & Livestock)CU P Warehousing & Storage (Including Farm Products & H ousehold G oods)P Welfare Welfare & Charitable Services P Special Buildings B uildings w ith O ccupancy of > 2500 CU P C ollege Buildings P R ecreation C enters P Stadiums, A renas, Field Houses CU P Transportation A utomobile Parking Lots & Garages P B us Garaging & Equipment Maintenance P B us Passenger Terminals P Motor Freight Garaging & Maintenance P Motor Freight Terminals P U tilities C ommunications (Including Radio & Television Stations & B roadcasting Tow ers)P O ther U tility Facilities P Storage Yards (U tility)P Substations P A.Permitted Accessory Uses. (See subsection 3.02.070.) Accessory uses and structures are permitted in the U D zone provided they are incidental to, and do not substantially alter the character of the permitted use or structure, and are located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to the follow ing: 1.A public dance held in conjunction w ith an existing permitted use. 2.Sw imming pools and incidental bath houses subject to the standards of Rexburg City Code. 3.A detached single-family residence used only for the use of a caretaker, w atchman, or similar employee of a permitted use, w hen located upon the same site as said permitted use. Page 40 4.D ormitories, fraternity and sorority buildings, other college housing owned by the college or university recreational and service facilities, and office buildings customarily associated w ith an educational facility or other institutional use, w hen said facilities are accessory and incidental to the primary use of the land. 5.N othing herein shall be construed to permit the open storage of materials or equipment used in conjunction w ith permitted uses, or shall be concealed from view from public or private streets. SECTION 10: A DOPTION “9.4 MO BILE FOO D CO URT” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.4 MO BILE FOO D CO URT(Added) SECTION 11: A D OPTION “9.04.010 Purpose” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.04.010 Purpose(Added) To regulate properties w ithin the City of Rexburg seeking to establish an area for the renting or leasing of space for use by Mobile Food Vendors. SECTION 12: A DOPTION “9.04.020 Definitions” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.04.020 Definitions(Added) The following terms are defined in C hapter 2, except w here the context clearly indicates that a different meaning is intended and except where an ordinance concerning a particular business contains a specific provision to the contrary: ●Food Vendor ●Mobile Food Court ●Mobile Structure Page 41 ●Mobile Vending Trailer ●Mobile Vending Vehicle ●Vending Location SECTION 13: A DOPTION “9.04.030 Licenses A nd Fees” of the R exburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.04.030 Licenses A nd Fees(Added) A.Business license. The City of Rexburg requires a B usiness License for: 1.The Mobile Food Court 2.Each Vendor, w hether w ithin the Mobile Food Court or outside of a Mobile Food Court. B.Fees. The current permit, inspection, and license fees for Mobile Food Courts and Mobile Vendors are set by resolution and may be found in the City of Rexburg Master Fee List. A ll fees shall be paid in advance. . SECTION 14: A DOPTION “9.04.040 Conformity” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.04.040 Conformity(Added) A.Food Court A reas. Food Court areas should provide safe, convenient, and efficient access for vehicles and pedestrians. These regulations protect and enhance property value, retain the open character of surrounding properties, and protect health and safety. B.Tenants. 1.Property owner is responsible for proper control of vendors, site management, removal of garbage, and parking of additional vehicles. 2.The property must provide designated sites to accommodate the mobile Vending Trailer. a.Mobile Vending Trailers located on the property must be capable of moving or of being moved relatively easily w ithin tw enty-four (24) hours. b.Mobile Structures, such as shacks, sheds, etc., are required to have the capability to be moved w ithin tw enty-four (24) hours. Page 42 c.Permanent Food Vendor Structures are prohibited. SECTION 15: A DOPTION “9.04.050 Site Requirements” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.04.050 Site Requirements(Added) A.Building Permits. A Building Permit is required: 1.When a Mobile Food Court is requested, enlarged, remodeled, or the capacity of an existing Mobile Food C ourt is increased, a Site Plan for the Mobile Food Court shall be submitted to and approved by the City of Rexburg. 2.A ll new construction or changes require a Building Permit. B.Customer Service A rea. The customer service area shall be on a hard surface. C.Density. Maximum of fifteen (15) vendor sites per acre. D.Fencing. A six (6') feet high vinyl or masonry fend in side and backyards shall be required when adjacent to residential. (See subsection 3.02.110.E.) E.Landscaping. (See 3.02.100.A.4.) 1.Mobile Food C ourts shall dedicate ten (10%) percent of the area to landscaping and snow storage. 2.Landscaping may be interior or may be peripheral and shall include groundcover and trees. F.Lighting. 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 lighting ordinance. (See section 3.6.) G.Lot C overage. Lot Coverage shall be governed by the zone in which the Mobile Food Court is located. H.Parking. 1.Parking Surface. A ll parking lots shall be paved in accordance w ith Subsection 3.04070 and upon approval by the City Engineer or designee. 2.N umber of Stalls. Each vending location shall provide adequate space for parking of at least three (3) motor vehicles. a.On-street parking cannot be counted tow ards parking requirement. 3.Parking Stall Size. Each such parking space shall be at least tw enty (20') feet in length by nine (9') feet in width and shall not block access for emergency vehicles. 4.Proximity. Parking must be within three hundred (300') feet. 5.Storm Water Retention. A ll storm w ater retention must follow C ity of Rexburg Engineering Standards. (See Appendix B.) I.Pedestrian Walkways (Internal). Continuous internal pedestrian w alkw ays, no less than five (5') feet in width (six (6') feet in width where vehicle overhand w ill occur), shall be provided from the public sidew alk or right-of-w ay to the Mobile Vendors. Page 43 1.C onnections. Internal Pedestrian Walkw ays must connect to public sidew alks. 2.Materials. A ll Internal Pedestrian Walkw ays shall be distinguished from driving surfaces through the use of durable, low -maintenance, surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as w ell as the attractiveness of the w alkways. J.Restrooms. 1.There shall be a minimum of one (1) toilet or lavatory for every five (5) vendors, with a minimum of one (1) per Mobile Food Court. a.Written Permission. If located on developed property, the owner must give w ritten permission to use the facilities. (1)These restrooms must be located w ithin three hundred (300') feet from the vending location. (2)Must be located on the parcel or an adjoining parcel. b.No Portable Restrooms. No portable restrooms will be permitted. Permanent restrooms shall be constructed, in accordance with the adopted building code, w here there is no access to existing restroom facilities. c.These facilities shall meet the regulations set forth by the State Plumbing Code and the State of Idaho D epartment of Environmental Quality (D.E.Q.). K.Screening. Mobile Food Courts must be screened from public or private right-of-way, other uses, and from the adjoining streets to minimize the visual impact of off-street parking. 1.Minimum. Screening shall meet the minimum requirements for the zone in w hich the Mobile Food Court is located. a.Front Yard Buffer. Front yard setbacks shall be buffered with a minimum ten (10') feet w ide landscape strip planted w ith bushes and trees. (See subsection 3.02.100.B for required buffer plants.) L.Setbacks. 1.Front Yard. Front yard setbacks shall be governed by the standard in which the Mobile Food Court is located. 2.Side Yard. Side yard setbacks shall be a minimum of five (5') feet from the property line. a.Exception: A djacent to Residential. When the parcel of a property abuts the side or rear yard of a lot or parcel lying w ithin a residential zone, the yard w idth shall be equal to that required by the provisions of the residential zone established on the abutting property. 3.Back Yard. Back yard setback shall be minimum of ten (10') feet from the property line. a.Exception: A djacent to Residential. When the parcel of a property abuts the side or rear yard of a lot or parcel lying w ithin a residential zone, the yard shall be equal to that required by the provisions of the residential zone established on the abutting property. M.Signage. (See Signs Section 3.5.) N.Spacing. Spacing betw een vendor trailers shall be a minimum of five (5') feet. Page 44 O. Trash. Property ow ner must provide trash receptacles and w aste removal for customers and mobile vendors. (O n-site dumpsters shall be screened in accordance with subsection 3.02.120.) P.Utilities. U tility service connections are permitted. 1.Owner Provided U tilities. Property owner shall provide water and sewage systems, sanitary stations, and convenience facilities in accordance w ith the regulations of the State Plumbing Code and the State of Idaho D epartment of Environmental Q uality. SECTION 16: A DOPTION “9.04.060 Mobile Vending Standards” of the Rexburg Development Code is hereby added as follow s: A D O P T I O N 9.04.060 Mobile Vending Standards(Added) Mobile Vending Cart, Trailer, and Vehicle Standards (Also see Municipal C ode 6.1.) A.Mobile vending carts, trailers, and vehicles must be designed and built meeting normal industry standards and used in a safe manner. B.Cart Standards. 1.Frame. A Mobile vending cart frame must not exceed five (5) feet w ide by nine (9) feet long by seven (7) feet high, and must be able to be pushed by one person. 2.Wheels. The mobile vending cart must have a minimum of two functional rubber -tired wheels. 3.Braking Mechanism. The braking mechanism on the mobile vending cart shall be affixed in such a manner that it is not readily removable in order to secure the cart w hen parked on the sidew alk. The use of ropes and shocks as the sole braking mechanism is prohibited. 4.C lear Pedestrian Pathw ay. Where mobile vending carts are located on a public sidewalk, a five foot (5') clear pedestrian pathw ay, on the sidew alk, must be maintained. C. D.Clean & C ompliant. Mobile vending carts, trailers, and vehicles shall have a clean appearance at all times and comply with all codes. E.Cooking Equipment. Mobile vending carts, trailers, and vehicles must have the cooking equipment enclosed and permanently built into the structure of the vendor cart, trailer, or vehicle. F.Fire Extinguishers. A n approved, hand-held fire extinguisher is required and if a heating or cooking appliance is used, a five pound "K" fire extinguisher is also Page 45 required. G.Fully Self-C ontained. Be fully self-contained with respect to gas, w ater, and w aste. H.Generators. G asoline and diesel-pow ered generators on mobile vending carts, trailers, and vehicles are prohibited. 1.O nly generators pow ered by propane are acceptable. 2.G enerators shall not be placed on the ground. I.Inspection & Operation. With the exception of merchandise or food items to be sold, mobile vending carts, trailers, and vehicles presented for inspection shall be exactly as they will appear w hen operating, including any food rack. J.Liquid Waste. Liquid w aste must be disposed of in a designated facility. The designated facility must be certified annually. 1.Mobile vendors w ith liquid w aste shall certify that they are disposing of their liquid w aste in a manner w hich conforms to local, state, and federal rules, laws, or ordinances. K.Location. The mobile vending cart, trailer, or vehicle must be placed on an area w ith a hard surface - concrete or asphalt. L.Maintenance. Mobile vending carts, trailers, and vehicles shall have a clean appearance at all times and comply with all codes. M.Secure B oards & Signs. U nsecured menu boards or sidew alk signs are prohibited. N.Street Vending Restrictions. In addition to the restrictions and qualifications contained in this chapter, street vendors are additionally subject to the follow ing restrictions: 1.Parking Restrictions. Vendor trailer or vehicles must at all times be parked in a legal manner. 2. Sidew alk Service. Vending operations shall be conducted only to pedestrians on sidew alks. a.No service to the public shall be made from the street side of the vehicles(s). 3."Open for Business" Sign. To differentiate betw een vending trailers or vehicles that are merely legally parked on the street from those that are actively engaged in vending operations, any street vending cart, trailer, or vehicle must place an "open for business" sign on the cart, trailer, or vehicle in a conspicuous manner w hen the vending operations are open for business. Conversely, this sign must be taken down when vending operations have ceased. (O rd. 1029,§25, 2010). O.Support Equipment & A ccessories. Support equipment and accessories, other than the generator and the propane tanks must not extend more than four (4') feet from the edge of the cart, trailer, or vehicle in any direction and shall not be placed so as to impede pedestrian traffic. 1.U mbrellas, canopies, or other covers used on mobile vending carts, trailers, or vehicles must be securely fastened. Page 46 SECTION 17: A DOPTION “9.04.070 Exceptions” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.04.070 Exceptions(Added) N o vendor shall have any exclusive right to any location in a public street, nor shall they be permitted to operate in any congested area w here there operations may impede or inconvenience the public. (Put in map & map link for documents.) A.Unless positioned on a designated Identified Vending Location (Mobile Food C ourt), a mobile vending cart, trailer, or vehicle shall not be located: 1.Where clear pedestrian passage on the public sidew alk is less than five (5') feet wide; 2.Within a midblock crossw alk area; 3.O n the portion of a public sidew alk crossed by a public or private drivew ay or w ithin ten (10') feet of either side of the driveway; 4.Within any street corner area 5.O n unpaved ground; must be placed on a hard surface i.e. asphalt or concrete . 6.For purposes of this section: a.Midblock crossw alk area: The sidew alk area w hich falls betw een the tw o lines fifteen feet beyond each side of a marked midblock crosswalk area (identified by the crosswalk lines delineated on the street pavement) and perpendicular to the curb. 7.Within five (5') feet from a perpendicular line drawn to the curb from either side of a doorw ay; 8.In a manner in w hich the movement or visibility of vehicles using the street or other public right-of-way is obstructed. 9.Within fifty (50') feet of a brick and mortar business w hich sells a competing good, service, or product. 10.D irectly in front of any single family residential structure. B.Restrictions 1. C.Restroom Facilities. Mobile vendors must provide portable toilets with hand sanitizing/hand w ashing facilities consistent with food court regulations if the number of vendors is three (3) or more vendors per parcel or one (1) portable toilet per parcel if number of vendors is less than three (3) vendors.