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HomeMy WebLinkAboutRev. (6) 12.02.21 with City Council Changes - 21-00802 - Mobile Vendors & Mobile Vending Court - Development Code Added SectionPage 1 CIT Y OF R EX BU RG OR DIN A N C E 1263 D EV EL OPME N T C OD E ORD IN A N C E 1200 A MEND MEN T - A D OPT IN G C HA PT ER 9.4 MOBILE FOOD C OU RTS A N OR D IN AN CE A MEND ING T HE CU RR EN T DE V ELOPMENT C OD E (PLA N N IN G AN D ZONING ORD INA NC E N O. 1200) CONC ER N ING SU BSTA NTIV E AN D NON -SUB STAN TIV E IT EMS; THE FOLLOWIN G C HA NGES HAV E BEEN MA D E: A D D ITION OF C HA PT ER 9.4 MOBILE V EN DING C OU RT WHIC H OU TL IN ES REGU LATION S FOR A PA R C EL WITH T HR EE (3) OR MOR E MOB IL E V EN DORS D OING B U SIN ESS AT THAT LOC AT ION; SETTIN G R EGU LATION S FOR MOBILE VEND OR S; SE TTIN G R EGU LATION S A N D LOC AT IONS FOR SIDE WA LK A ND ST RE ET VE ND OR S; A ND PR OV IDIN G FOR T HE EFFEC TIVE D AT E OF THE ORD IN A N C E. WHER EA S, The City of Rexburg is incorporated as an entity of the State of Idaho; and WHER EA S, the State of Idaho Statutes are used by the C ity of R exburg as the primary source of code compliance; and WHER EA S, Rexburg C ity Codes are subordinate to Idaho State Code. N OW THER EFORE , be it ordained by the C ouncil of the City of Rexburg, in the State of Idaho, as follow s: 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. Page 2 Manufactured Housing/Mobile Home Park or Community: 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 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 Vending C ourt: A n area that consists of four (4) or more vendors in an open-air location w ith designated stalls or areas. Mobile Vending Pushcart: A moveable pushcart that is operated by a vendor standing on the sidew alk or street. (See vendor.) Mobile Vending Structure: A temporary, approved structure for mobile vending. Mobile Vending Trailer: A mobile trailer operated by a vendor standing on or within 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. (Ex: Bus, Van) 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. N ew Construction: structures for which the "start of construction” commenced on or after the effective date of this ordinance. Page 3 N onconforming B uilding: Any building which 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.) N onconforming L ot: A n existing lot, the area, w idth, size, or other characteristic of w hich, fails to meet the requirements of the district in which it is located and which w as 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 w hich was lawfully 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 w eek 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 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 vendor. Vendor: 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.Mo bile Vendo r: 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 , or w hich is operating during an approved public event on property ow ned or leased by a governmental entity, w ith approval of the event organizer. 1.Mobile Vendor Locations. a.Mobile C ourt Vendor. A mobile vendor on private property. b.Pushcart Vendor. A daily mobile vendor, vending from a mobile pushcart to persons on the designated public right-of-way. Page 4 c.Street Vendor: A daily mobile vendor, in a designated parallel parking stall selling only to persons or pedestrians on the sidew alk. 2.Mobile Vendor Operation Times. a.Daily Vendor. A business exhibiting goods or services w ithin the City of Rexburg from a temporary or mobile structure or vehicle for not more than eighteen (18) hours in tw enty-four (24) hours on any one site. (1)Special Events. H ours of operation may be amended w ith approval of a Public Gathering Permit allowing setup and take-dow n to occur one hour before and after the stated times. b.Private Property Vendor. A business exhibiting goods or services within the C ity of R exburg from a temporary or mobile structure or vehicle, or in a similar manner on private property for greater than fourteen (14) days in a calendar year. c.Temporary Vendor. A business exhibiting goods or services w ithin the City of Rexburg from a temporary or mobile structure or vehicle, or in a similar manner for less than fourteen (14) days in a calendar year. 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. Page 5 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 R esidential Townhomes CUP Twin H ome CUP Group Housing Bed and Breakfast Inn/Short Term Rental (See subsection 3.02.160.)P Dormitory CUP 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 Churches, Synagogues, Missions & Temples P Page 6 Place of Worship 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)CUP Technical Schools CUP R ecreation Athletic Clubs, Body Building Studios, Aerobic Centers & G ymnasiums, etc.P Commercial Pools CUP Spas P Tennis Courts CUP Entertainment Amusement Arcades, B illiards & Pool Hall, Bow ling A lleys, Miniature Golf CUP Dance H alls, Ballroom P Indoor D riving Ranges CUP Libraries P Museums & Art Galleries P Food R etail Bakeries & D oughnut Shops P Candy, Nut & C onfectionery & Related Products P Eating Places; R estaurants* (N o drive- through)P Eating Places; (Drive-through)CUP Fruits & Vegetables P Grocery Stores CUP Mobile VendingFood Court CUP Specialty Food Stores (Meat, dairy, etc.)CUP Antiques (No outside display)P Apparel & A ccessories P Beauty & Barber Supply, Perfumes, Page 7 R etail 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.) CUP Gas Service Stations CUP General Merchandise (Department, Discount, Variety, etc)P Hardware P Janitorial Supplies CUP 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 CUP Retail Stores (Florist, pet stores, etc.)P Shopping Centers (More than 5 acres, less than 10 acres)CUP Sporting Goods, B icycles, and Toys (Include guns, fishing, ammo, camping gear, skis, etc.) P Page 8 Swimming Pool Supplies CUP Thrift Store, Second H and Clothing, Shoes, Furniture, Books (All indoors; no outdoor collection) P Services 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 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 CUP Janitorial O ffice (D welling & business cleaning)CUP Laundry & Dry Cleaning, Pressing, Alteration & G arment Repair P Locksmiths & K ey Shops P New s Syndicate Services O ffices P Page 9 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) CUP Professional Services Office P Rental Supplies (Indoor only)P Repair & Service, Electrical A ppliance P Repair, Furniture & Reupholstering P Repair, Gunsmiths CUP Repair, Jew elry, Watch, Clock P Repair, Shoe, Hat, Seamstress, etc.P Travel A gencies P Veterinarian Services (Small animal indoor only)*CUP Wedding C hapels & Reception Centers P Welfare & C haritable Services CUP Transportation Automobile Parking Lots and G arages (N o impound or long-term storage)CUP Bus Transportation (No garaging & equipment maintenance)P Motor Vehicle Transportation P Railroad, Rapid Transit (Public & private)CUP Communications (Including radio, television stations & broadcasting tow ers) CUP Page 10 U tilities Gas Pressure Control Stations CUP 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. 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 Page 11 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 A thletic C lubs, Body Building Studios, A erobic Centers &P Page 12 R ecreation G ymnasiums 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 G rocery Stores (5 - 10 acres only)P Miscellaneous R etail Food P Mobile Vending Court C U 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 Page 13 R etail 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 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 Page 14 Services 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 Repair, Saw, K nife & Tool Sharpening C U P C Page 15 Repair, Shoe, Hat Cleaning 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 Page 16 Crematory P 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 N ITY BU SINE SS C EN TE R (C BC ) R esource Production Farming, Fibers, Fruits, Vegetables P Grain (silos)CUP A ccessory Accessory Building P Group Housing Campgrounds and Travel P Motels & Motor H otels CUP C are Facilities Day Care Centers P Hospitals P Nursing Home CUP Medical Out-Patient P Residential Facility for Elderly Persons (not including assisted living; greater than 8 residents)CUP Place of Worship Churches, Synagogues and Temples CUP Page 17 Schools, public or private Nursery Schools P Schools P Indoor R ecreation Athletic Clubs, B ody B uilding Studios, A erobic C enters & Gymnasiums P Entertainment Amusement Parks P Arcades P Art G alleries P Athletic Fields P Billiards and Pool H alls P Bow ling A lleys P Coin-operated Amusements P Dance H alls, Ballroom P Drive-In Movies P Fairgrounds P Go-Cart, 4-w heeler Tracks CUP Golf D riving Ranges P Ice Skating P Miniature G olf P Museums P Parks & Playgrounds P Recreation Centers P Riding Stables CUP Roller Skating Rink P Roller Skating & Skate Boarding Park CUP Skiing & Tobogganing P Stadiums, A renas & Field Houses CUP Sw imming Pools P Tennis Courts P Theatres (Auditoriums, Performing Theatres, Motion Picture)P Page 18 Food Bakeries P Candy, N ut Confectionary P Eating Places; Restaurants P Food Stores Food Lockers C U P P Fruits & Vegetables P Miscellaneous Retail Food P Mobile Vending C ourt CUP Seasonal Food Sales (Street & R oad-side Stands)P Antiques P Apparel and A ccessories P Automobile Accessories (except tire recapping & vulcanizing)P Automobile Sales (N ew & 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 General Merchandise P Electrical Supplies P Farm Equipment P Flat G lass, Glassw are P Furniture, H ome Furnishings & Equipment (N o Combined Warehousing)P Garden Supplies (Inside Building Only)P Gasoline Service Stations P Page 19 R etail Hardware P Heating & Plumbing & A/C Equipment (N o O utside Storage)P Ice Dealers (Automated Machines or Pick-U p Stations O nly)P Instruments for Measuring P Jew elry P Laboratory & R esearch Instruments P Liquor Stores P Lumber Yards & Building Materials P Miscellaneous Retail Stores (florist, photo supplies, pet stores, etc.) P Motorcycles, Motor Scooters, Parts, Accessories & Supplies P Optical Instruments & Lenses P Paint, Glass & Wallpaper P Pottery & Related Products P Professional, Scientific Equipment & Supplies P Radio-controlled Airplanes P Retail Trade P Shopping Centers & Malls (U ses Listed Here)P Sw imming Pool Supplies P Thrift Store and Second-H and Merchandise (Inside Only, No Collection Boxes)P Variety Stores P Wholesale Trade CUP A nimal Animal G rooming P Animal K ennels CUP Veterinarian Services (Small Animal Indoor Only) P Animal H ospital (Small A nimal O utpatient C linic O nly)CUP A utomob ile Automobile Glass Repair P Automobile (Manufacture & Installation of A ccessories) No tire recapping/vulcanizing CUP Automobile Repair P Page 20 Serv ices Auto & Truck Rental (*See Conditions at end of list.)P Auto Washing, Polishing, D etailing P C onstruc tion Building C ontractor O ffices, Retail, P & Storage Yards CUP 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 Governm ent Executive, Legislative & Judicial P Libraries P Police Protection & Related A ctivities O ffice P Postal Services P Laundry Dry Cleaning (pick-up only)P Dry Cleaning CUP Laundry P Manufact uring Gunsmiths P Package A ntiques & Second-H and Merchandise P Printing/Publishing (including newspapers)P Scientific Research & Testing P Small Generation (Minor assembly & other innocuous manufacturing)CUP Medical Ambulance CUP Dental Offices P Drug & Proprietary Stores P Medical Laboratories P Out-Patient P Physicians’ O ffices & Services P Page 21 Office Only Banks, Insurance & Real Estate O ffices P Business (office & retail sales only)P Call Centers CUP Duplicating, Stenographic and O ffice Services P Janitorial O ffice (Dw elling & business cleaning)P Mail & Phone O rder Houses P Professional Service Providers (not behavior, drug & alcohol treatment)P Organiza tions Business A ssociations & Professional Membership P Clubs & Service O rganizations (civil, social and fraternal)P Labor O rganizations P Miscellaneous Service O rganizations P Protective Functions & Related A ctivities P Welfare & Charitable Services P Personal Accounting & Bookkeeping P Auction Houses CUP Beauty & Barber Shops P Consulting P Consumer Credit 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 R ental Shops P Wedding Chapels & R eception Centers P Pressing, A lteration and G arment Repair P Repair & Service, Electrical A ppliance P Repair, Furniture & Reupholstering P Page 22 R epair Repair, Jewelry, Watch, Clock P Repair, Miscellaneous Small Item CUP Repair, Saw, K nife & Tool Sharpening CUP Repair, Shoe, H at Cleaning P Travel Travel A gencies P Warehou sing Household G ood Warehousing & Storage CUP Refrigerated Warehousing CUP Transportation Automobile Parking Lots and Garages (no impound or long- term storage)P Bus Passenger Terminals P Bus G araging & Equipment Maintenance CUP Motor Freight G araging & Maintenance CUP Motor Freight Terminals CUP Railroads (Terminals & Yards)CUP U tilities Communications (TV, Radio, etc.) Stations & Tow er CUP Debris Basin CUP Electric G eneration Plants CUP Electric Substations CUP Gas, Bottled CUP Gas(Natural or Manufactured Storage & D istribution Points)CUP Gas, N EC CUP Gas Pressure Control Stations P Irrigation Distribution Channels P Right-of-w ay (combo, electric transmission, gas pipeline, sew age, water pipeline, storm drain P Sewage Pumping Stations P Spreading G rounds (For Percolating Water into Underground)CUP Storm D rain P Water Pressure Control Stations & Pumping Plants P Water Storage CUP Page 23 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 CE NT ER (R BC ) A ccessory Accessory Building P Used Cars & Trucks (A ccessory to New C ar, Truck Sales)P Group Housing Motels & Motor H otels P Hotels CUP Tourist Court CUP 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, B ody Building Studios, A erobic C enters & Gymnasiums P Spas P Billiards and Pool H alls P Bowling Page 24 Entertainment Food Stores A lleys P Coin-operated A musements CUP Dance H alls, Ballroom CUP Ice Skating P Miniature Golf CUP Roller Skating & Skate Boarding P Theatres (Auditoriums, Performing Theatres, Motion Picture)CUP Food Bakeries P Candy, Nut, Confectionery P Eating Places; Restaurants P P Miscellaneous Retail Food P Mobile Vending Court CUP Manufacturing Gunsmiths P Small Generation CUP R etail Antiques (no outside display)CUP Apparel and A ccessories P Automobile Accessories (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, H ome Furnishings & Equipment (No Combined Warehousing)P Garden Supplies (Inside B uilding Only)P Gas, Bottled CUP Gas Storage, D istribution Points (N atural or Manufactured)CUP Gasoline Service Stations P Page 25 Hardware P Ice Dealers (Automated Machines or Pick-U p Stations O nly)P Jew elry P Liquor, Package CUP Merchandise Vending Machine Operators P Miscellaneous Retail Stores (florists, photo supplies, pet stores, etc.)P Motorcycles, Motor Scooters, Parts, A ccessories & Supplies CUP Paint, Glass & Wallpaper P Retail Trade P Sporting G oods, B icycles, and Toys P Surplus Stores (inside only)CUP Swimming Pool Supplies P Truck & Bus Sales (New ; Used (See A ccessory U ses))P Variety Stores P Auction Houses CUP Automo bile Auto R ental CUP Auto Washing & Polishing P Building Dw elling & Building O ffice CUP Engineering, A rchitectural and Planning P Janitorial O ffice (D w elling & business cleaning)P Funeral Funeral Parlor (mortuary)CUP Govern ment Executive, Legislative and Judicial P Libraries P Police Protections & Related Activities (office only)CUP 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 Page 26 Servi ces Mail and Phone Order Houses P Miscellaneous Business Services CUP Physicians’ O ffices & Services P Professional Service Providers P Protective Functions & Related Activities P Personal Beauty & Barber Shops P Locksmiths and Key Shops P Photography P Rent Equipment Rental (Indoor Only)CUP Video Rental Shops P Wedding C hapels & R eception Centers CUP Repair Pressing, A lteration and G arment Repair P Repair & Service, Electrical A ppliance CUP Repair, Furniture & Reupholstering CUP Repair, Jew elry, Watch, Clock P Repair, Miscellaneous Small Item CUP Repair, Saw, K nife and Tool Sharpening CUP Travel Travel A gencies P Transportation - U tilities Communications (TV, Radio, etc.) Stations & Tow ers CUP Debris Basin CUP Electric Substations CUP Gas, NEC CUP Gas Pressure Control Stations P Irrigation D istribution Channels P Right-of-w ay (combo, electric transmission, gas pipeline, sew age, water pipeline, storm drain)P Sewage Pumping Stations P Spreading G rounds (For Percolating Water into Underground)CUP Storm D rain P Page 27 Water Pressure Control Stations & Pumping Plants P Water Storage (covered)CUP 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 C U P C are Facilities Day Care Centers C U P Place of Worship Churches, Synagogues and Temples - Schools, public or private Nursery Schools C U 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 Page 28 Food Canning - fruits, vegetables, preserves, jams, specialty, etc.C U P Confectionery & Related Products P Dairy Products C U P Eating Places; R estaurants C U P Frozen Fruits, Fruit Juices, Vegetables, etc.P Mobile Vending Court C U P Poultry and Small G ame D ressing and Packing C U P Restaurants C U P Manufacturing Bottling & Canning Soft D rinks and Carbonated Waters P Converted Paper & Paperboard Products (except containers & boxes)P Drugs C U P Fabricated Wire Products C U P Industrial Inorganic Chemicals (includes air separation)C U P Industrial Laundry C U P Metal Working Machinery & Equipment (tool & dye shops, machine shops)P Machinery P Miscellaneous Fabricated R ubber Products C U P Miscellaneous Machinery P Miscellaneous Manufacturing (no matches or morticians’ goods)P Miscellaneous Plastic Products C U P Page 29 Nonferrous Foundries (small casting only)C U P Photographic and O ptical G oods P Plastic Materials, Synthetic Resins and N on-Vulcanizable Elastomers C U P Printing, Publishing and A llied Industries P Professional, Scientific & C ontrolling Instruments P Small Generation C U 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)C U 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 Page 30 Perfumes, Cosmetics and O ther Toiletries P 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 C U P Advertising P Animal H ospital P Automobile Transportation P Building Maintenance P Business P Call Centers C U 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 C U P Miscellaneous Business Services C U P Operations Centers (No Open Storage Yards)P Police Protections & R elated Activities (office only)C U P Refuse Disposal Company O ffice P Page 31 Repair Services C U P Repair, Electric A ppliance P 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)C U P Miscellaneous Transportation P Motor Vehicle Transportation P Railroads, R apid-Rail Transit and Street Railway (N o B us Passenger Terminals)P Combination U tilities, N EC (Equipment & Storage Yards)C U P Communications (TV, Radio, etc.) Stations & Tow ers P Low Pow er Radio Towers & A ntennas C U P Debris Basin C U P Electric Substations C U P Electric, NEC P Gas, NEC C U P Gas Pressure Control Stations P Irrigation D istribution C hannels P Miscellaneous U tilities P Other Utilities, NEC C U P Page 32 U tilities Refuse Disposal C U P Right-of-way (combo, electric transmission, gas pipeline, sewage, water pipeline, storm drain)P Sewage D isposal, N EC C U P Sewage Pumping Stations P Spreading G rounds (For Percolating Water into U nderground)C U P Storm Drain (covered pipes or boxes)P Water Pressure Control Stations & Pumping Plants P Water Reclamation Plats, Sludge Drying Beds, etc.C U P Water Storage C U P Water Treatment Plants (Purification)C U P Water Utilities or Irrigation, NEC C U 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 Page 33 A ccessory A ccessory B uilding P R esource Production Mining and Q uarrying C U P R esidential - Group Housing - C are Facilities Behavior, Drug and Alcohol Treatment C U P G roup H ome (D isabled & Elderly) C U P H ospitals C U P O peration Centers C U P Place of Worship Religious A ctivities C U P Schools, public or private Military A cademies C U P N ursery, Primary, and Secondary Education P Schools P Special Training P U niversity, College, Junior C ollege, Professional School Education P Outdoor R ecreation A irports and Flying Fields C U P Parks P Fishing Activities C U P Forest Reserves P Page 34 G roup or O rganized Camps C U P N ature Exhibits P Recreation A ctivities P Entertainment Cultural A ctivities P D ance H alls C U P Public A ssembly C U P Food Mobile Vending Court C U P Manufacturing A ctive Slag D umps and Mineral Waste Disposals C U P A ircraft Manufacturing and Assembling (in or adjacent to an airport) C U P Central Garbage G rinding Stations and Composting Plants C U P Electric G eneration Plants (conventional fuel including hydroelectric, solar, etc.) C U P Small G eneration C U P R etail A ircraft Engines and Engine Parts (in or adjacent to an airport) C U P A ircraft Parts other than Engines (in or adjacent to an airport) C U P C Page 35 Services A mbulance Services U P Combination U tilities Company Storage Yards and Equipment Storage C U P Cemetery C U P Crematory Services C U P Funeral parlor C U P G overnmental Services (except Management Investment O ffices, O pen-End)P Office Only Electric U tility 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 C U P Refuse D isposal Company O ffice C U P Sew age C ompany O ffice C U P Water U tilities or Irrigation Company O ffice P Transportation H eliports and General A ircraft C U P H ighw ays and Street Rights-of-w ay P A utomobile Parking Lots and G arages C U P Page 36 Railroad, R apid Transit (public or private) C U P U tilities Combination U tilities, N EC C U P Communications C U P D ebris B asin (A dam and basin for intercepting debris) C U P Electricity Regulating Substations C U 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 C hannels P G as, NEC C U P Sew age D isposal, N EC C U P O ther U tilities C U P O ther Water U tilities or Irrigation, N EC C U P Sew age Pumping Stations P CUPSpreading G rounds (A rea for percolating w ater into under- ground) C U P Water Pressure Control Stations and Pumping Plants P Page 37 Water Reclamation Plants, Sludge Drying Beds, etc.C U P Water Storage as Part of a U tility System C U P Water Treatment Plants (purification) C U 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 Page 38 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 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 Page 39 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 Vending Court CU 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 G overnmental Services P Libraries P Page 40 t 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 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 Page 41 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. 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 VEN DO RS” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.4 MO BILE VEN DO RS(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. Page 42 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: ●Mobile Vending C ourt ●Mobile Vending Pushcart ●Mobile Vending Trailer ●Mobile Vending Vehicle ●Vendor ●Vending Location ●Vendors: Mobile Court, Pushcart , Street , D aily, Private Property & Temporary SECTION 13: A DOPTION “9.04.030 General Requirements” of the Rexburg Development Code is hereby added as follow s: A D O P T I O N 9.04.030 General Requirements(Added) A.Business license.(See Municipal Code 6.1.) The City of Rexburg requires a Business License for Mobile Vendors, whether in a Mobile Vending Court or not. (See Municipal Code 6.1.) B.Fees. The current permit, inspection, and license fees for Mobile Vending C ourts and Mobile Vendors are set by resolution and may be found in the City of Rexburg Master Fee List. 1.A ll fees shall be paid in advance. C.Clean & C ompliant. Mobile vending pushcarts, trailers, and vehicles shall have a clean appearance at all times and comply w ith all codes. D.Clear Pedestrian Pathway. Where mobile vendors are located on a public sidewalk, a five (5') feet clear pedestrian pathw ay on the sidewalk must be maintained. E.Customer Service A rea. The C ustomer Service Area shall be on a hard surface. F.Inspection. With the exception of merchandise or food items to be sold, the mobile vending pushcarts, trailers, and vehicles presented for inspection shall be exactly as Page 43 they will appear w hen operating, including any food rack. G.Liquid Waste. Liquid w aste must be disposed of in a designated facility that must be certified annually. 1.C ertify. 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, law s, or ordinances. H.Location. The mobile vending pushcart, trailer, or vehicle must be placed on an area with a hard surface of concrete or asphalt. 1.N o vendor shall have exclusive right to any location in a public street, nor shall they be permitted to operate in any congested area w here their operations may impede or inconvenience the public. 2.Mobile Vending C ourt Required. Four (4) or more mobile vendors on a single parcel will require the building of a mobile vending court. (See Mobile Vending C ourt.) 3.Public Park Vending. (See Municipal Code 12.04.070.) 4.C annot be located: a.Within a midblock, crossw alk area. b.On the portion of a public sidewalk crossed by a public or private driveway or within ten (10') feet of either side of the drivew ay c.Within any street-corner area (See Site Triangle definition.) d.Within five (5') feet from a perpendicular line draw n to the curb from either side of a doorw ay. e.In a manner that obstructs the movement or visibility of vehicles using the street or right-of-w ay f.Directly in front of any single-family, residential structure. I.Mobile D esign & Build. Mobile vending pushcarts, trailers, and vehicles must be designed and built meeting normal industry standards and shall be used in a safe manner. J.Non-vending Hours. All pushcarts and street vendors must be removed from public property during non-vending hours. K.Restrooms. A minimum of one (1) restroom facility shall be provided for up to three (3) vendors. For four4 (3) or more vendors, see Mobile Vending Court. 1.Brick and Mortar A greement. Brick and mortar bathrooms may fulfill the restroom requirement with written permission of the property owner to use the restroom facilities. a.A copy of the w ritten permission of the property ow ner to use the facilities shall be provided at time of application. 2.Portable Toilets w /Hand Sanitation. Portable toilets w ith hand sanitizing/hand-washing facilities may fulfill the restroom requirement. L.Seating. N o public interior seating is allow ed inside a mobile-vending vehicle per current, adopted C ity of R exburg International Building C ode (IB C) and International Page 44 Fire Code (IFC) standards. M.Support Equipment & A ccessories. Support equipment and accessories must not extend more than four (4') feet from the edge of the mobile pushcart, trailer, or vehicle in any direction on public property, must be securely fastened, and shall not be placed so as to impede pedestrian traffic. (Ex: U mbrellas, canopies, or other covers.) N.Able to Vacate. Mobile vending trailers, structures, and vehicles located on all properties must be capable of moving or of being moved relatively easily within tw enty-four (24) hours. . SECTION 14: A DOPTION “9.04.040 Pushcart Vendor” of the R exburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.04.040 Pushcart Vendor(Added) A.Construction of a Mobile-Vending Pushcart. 1.Braking Mechanism. The braking mechanism on the mobile-vending pushcart shall be affixed in such a manner that it is not readily removable in order to secure the cart when parked on the sidew alk. a.The use of ropes and shocks as the sole, braking mechanism is prohibited. 2.Frame. A mobile-vending, pushcart frame must not exceed five (5') feet wide by nine (9') feet long by seven (7') feet tall. 3.Wheels. The mobile-vending pushcart must have a minimum of two (2) functional, rubber-tired w heels. B.Definition for Pushcart Vendor. (See 9.04.020.) C.Operation of a Pushcart. The mobile-vending pushcart must be able to be pushed by one (1) person. SECTION 15: A DOPTION “9.04.050 Street Vendor” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 9.04.050 Street Vendor(Added) A.Cooking Equipment. Street vendors must have their cooking equipment enclosed Page 45 and permanently built into the structure of the mobile-vending vehicle or trailer. B.Definition for Street Vendor(See 9.04.020.) C.Legal Parking. Mobile-vending trailers or vehicles must at all times be parked in a legal manner. D.Service. N o service shall be conducted to the public on the street-side of the mobile- vending vehicle or trailer. E.Street Vending Locations.(See the following m ap.) Page 46 Page 47 SECTION 16: A DOPTION “9.04.060 Mobile-Vending C ourt” of the Rexburg Development Code is hereby added as follow s: A D O P T I O N 9.04.060 Mobile-Vending C ourt(Added) Mobile Vending Cart, Trailer, and Vehicle Standards (Also see Municipal C ode 6.1.) A.Purpose. Mobile-Vending C ourt A reas should provide safe, convenient, and efficient access for vehicles and pedestrians. B.Building Permit. A B uilding Permit is required w hen a Mobile-Vending Court is constructed, enlarged, or remodeled. 1.Site Plan. A Site Plan shall be submitted for review. C.Convenience Facilities. The property ow ner shall provide w ater and sew age systems, sanitary stations, and convenience facilities in accordance w ith the regulations of the current, adopted C ity of R exburg Plumbing Code standards and the State of Idaho Department of Environmental Quality requirements. D.Design. 1.D ensity. The maximum density shall be fifteen (15) vendor sites per acre. 2.Lot Coverage. Lot coverage shall be governed by the zone in which the Mobile Vending Court is located. E.Designate Sites. The property must provide designated sites to accommodate the mobile-vending trailer, vehicle, or mobile structure. F.Parking. 1.Lighting. Lighting for parking areas shall be directed and, when necessary, shielded so as not to produce direct glare on adjacent properties, and shall comply with the city's lighting ordinance. (See section 3.6.) 2.N umber of Stalls. Each vending location shall provide parking for at least four (4) vehicles. 3.Proximity. Parking must be within three hundred (300') feet. 4.Stall Size. Each parking space shall be at least twenty (20') feet in length by nine (9') feet in width. Eighteen (18') feet in length by nine (9') feet in w idth may be allow ed provided the follow ing applies: a.Bumpers. Bumpers are installed or in place. b.Sidew alks. Sidewalk requirements for vehicle overhang are met. (See 9.04.030 Pedestrian Walkw ays.) 5.Surface. All parking lots shall be paved in accordance with subsection 3.04.070 and upon approval by the City Engineer or designee. G.Pedestrian Walkways (Internal). Continuous internal pedestrian w alkw ays, not less than five (5') feet in width, or six (6') feet in width where vehicle overhang w ill occur, shall be provided from the public sidew alk or right-of-w ay to the vending sites. Page 48 1.C onnections. Internal pedestrian walkways must connect to public sidewalks. 2.Materials. A ll internal pedestrian w alkw ays shall be distinguished from driving surfaces through the use of durable, low -maintenance, surface materials such as pavers, bricks, or cored concrete to enhance pedestrian safety and comfort, as w ell as the attractiveness of the w alkways. H.Restrooms. There shall be a minimum of one (1) restroom facility for every five (5) vendors, w ith a minimum of one (1) per Mobile-Vending C ourt. 1.Meet C urrent Codes. Existing and new restrooms need to meet current, adopted C ity of R exburg International Building C ode (IB C) and State Plumbing Code standards, and the requirements of the State of Idaho D epartment of Environmental Q uality (D .E.Q .). 2.Existing Restrooms. a.Location. Existing restrooms must be located on the parcel or on an adjoining parcel w ithin three hundred (300') feet from the vending location. b.Written Permission. If located on developed property, the owner of the property must give w ritten permission to use the facilities. 3.N o Existing Restrooms. Permanent restrooms shall be constructed where there is not access to existing restroom facilities or portable restrooms w ith hand-washing facilities to meet food handling requirements per the H ealth D epartment w ill be permitted.) I.Screening. Mobile-Vending 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.Fencing Adjacent to R esidential. A six (6') feet high, vinyl or masonry fence in side and back yards shall be required when adjacent to residential. (See Fencing 3.02.110.) 2.Front-Yard Buffer. Front-yard setbacks shall be buffered w ith a minimum ten (10') feet wide landscape strip planted w ith bushes and trees. (See 3.02.100.B for Buffer Plants.) 3.Landscaping. Ten (10%) percent of the lot are shall be dedicated to landscaping and snow storage. a.Landscaping may be interior or may be peripheral and shall include groundcover and trees. 4.See Zone Requirements. Screening shall meet the minimum requirements for the zone in w hich the Mobile-Vending C ourt is located. J.Setbacks. 1.Front Yard. Front-yard setbacks shall be governed by the zone in w hich the Mobile-Vending Court is located. 2.Side Yard. Side-yard setbacks shall be a minimum of five (5') feet from the property line. 3.R ear yard. R ear-yard setbacks shall be a minimum of ten (10') feet from the Page 49 property line. 4.Exceptions. 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. K.Signs.(See Signs 3.5.) 1.U nsecured A re Prohibited. Unsecured menu boards or sidewalk signs are prohibited. L.Site Management. The property ow ner is responsible for proper control of vendors, site management, removal of garbage and parking of additional vehicles. 1.On-Site D umpsters. O n-Site D umpsters shall be screened in accordance w ith subsection 3.02.120. M.Storm Water R etention. All storm-water retention shall follow City of Rexburg Engineering Standards. (See Appendix B.) N.Utilities. U tility service connections are permitted. O.Vending Locations. Spacing between mobile-vending trailers or vehicles shall be a minimum of five (5') feet. P. SECTION 17: R EPE AL ER CLAU SE Providing for other substantive and non-substantive changes in the D evelopment C ode as recommended and approved by the Planning and Zoning Commission of the City of Rexburg, Idaho. Furthermore, any portion of the existing Development Code in conflict w ith this proposed amendment is hereby repealed. SECTION 18: SE VE R A BILITY C LAU SE The provisions of this O rdinance shall be deemed severable and a finding by a court of law that a provision of the O rdinance is unlaw ful shall have no effect on the remaining provisions. SECTION 19: E FFEC TIV E D AT E The C ity of R exburg, Idaho City Council shall enact this O rdinance (#21-00475) amending O rdinance 1200 otherwise known as the D evelopment Code of the C ity of R exburg, Idaho upon its passage, approval and publication; and shall be in full force and effect from O ctober 6, 2021 and after the required approval and publication according to law. Page 50 AY E NAY ABSEN T A BSTA IN Council President Jordan Busby Councilmember Brad Wolfe Councilmember Tisha Flora Councilmember Christopher Mann Councilmember Mikel Walker Councilmember Bryanna Johnson PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL _______________________________. P r e s id in g O ffic e r A t t e s t Jerry L Merrill, Rexburg Mayor, C ity of Rexburg Deborah Lovejoy, Rexburg City Clerk City of Rexburg