HomeMy WebLinkAboutOrd No 1279 Dev Code Ord 1200 Amendment - Remove CBDInstrument # 448924
REXBURG, MADISON, IDAHO
4-8-2022 08:03:16 AM No. of Pages: 32
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Officio Recorder Deputy
c1'1'Y O 1,
REXBURG
America's Family Community
ORDINANCE NO. 1279
AN ORDINANCE AMENDING THE CURRENT
DEVELOPMENT CODE (PLANNING AND ZONING
ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND
NON -SUBSTANTIVE ITEMS; REPEALING CHAPTER 5.2
CENTRAL BUSINESS DISTRICT (CBD) ZONE FROM THE
CITY OF REXBURG DEVELOPMENT CODE; ENCOMPASSING
ALL AMENDMENTS TO OTHER CHAPTERS THAT
REFERENCE THE CENTRAL BUSINESS DISTRICT (CBD)
ZONE; AND PROVIDING FOR THE EFFECTIVE DATE OF
THE ORDINANCE.
WHEREAS, the City of Rexburg is incorporated as an entity of the State of
Idaho; and
WHEREAS, the State of Idaho Statutes are used by the City of Rexburg as the
primary source of code compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho state code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF REXBURG, IDAHO:
SECTION I: Repealing Chapter 5.2 Central Business District (CBD) zone from
the City of Rexburg Development Code, Amending Ordinance No 1200.
SECTION II: Furthermore, any portion of the existing Development Code in
conflict with this proposed amendment is hereby repealed.
SECTION III: The City of Rexburg, Idaho City Council shall enact this Ordinance
(#21-00582) amending Ordinance 1200 otherwise known as THE DEVELOPMENT
CODE OF THE CITY OF REXBURG, IDAHO upon its passage, approval, and
publication.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on
this 6`h day of April 2022.
SEAL/-:;Z
OF IDP�`N
ATTEST:
Deborah Lovejoy, City Clerk
erry Me , M yor
STATE OF IDAHO)
) ss.
County of Madison )
I, DEBORAH LOVEJOY, City Clerk of the city of Rexburg, Idaho, do hereby
certify: That the above and foregoing is a full, true and correct copy of the Ordinance
Entitled:
AN ORDINANCE AMENDING THE CURRENT
DEVELOPMENT CODE (PLANNING AND ZONING
ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND
NON -SUBSTANTIVE ITEMS; REPEALING CHAPTER 5.2
CENTRAL BUSINESS DISTRICT (CBD) ZONE FROM THE
CITY OF REXBURG DEVELOPMENT CODE; ENCOMPASSING
ALL AMENDMENTS TO OTHER CHAPTERS THAT
REFERENCE THE CENTRAL BUSINESS DISTRICT (CBD)
ZONE; AND PROVIDING FOR THE EFFECTIVE DATE OF
THE ORDINANCE.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR
this 6th day of April 2022.
�\.� ...OF R6'��
S "CORPD
_
Deborah Lovejoy, City Clerk
Exhibit A: Amendments to Ordinance No 1200 Rexburg Development Code showing the
of the Central Business District (CBD) zone
SECTION 1: AMENDMENT "1.04.020 Amendments To This Ordinance"
of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
1.04.020 Amendments To This Ordinance
The Council may, by ordinance, after receipt of recommendation from the Commission and
subject to procedures provided by law, amend, supplement, change, or repeal the regulations,
restrictions, and boundaries or classifications of property. Such amendments may include text
amendments or map revisions.
A. Initiation of Ordinance Amendments. Amendments to this Ordinance may be
initiated in one of the following ways:
1. Application. (See subsection 1.04.010.) By the filing of an application by a
property owner or authorized agent with the area proposed to be changed by
the amendment. The applicant shall provide the Zoning Administrator with the
following additional information:
a. Narrative Statement. A statement on how the proposed amendment
relates to the Comprehensive Plan, availability of public facilities, and
compatibility with the surrounding area and zoning.
b. Area of Impact. In the event an application for rezoning received by
the Commission requests a rezoning of any lands that lie within one
quarter (1/4) mile of any boundary of the Sugar City Area of City
Impact, the Commission shall provide the City of Sugar City written
notice of the application for rezoning.
2. By adoption of a motion by the Commission
3. By adoption of a motion by the Council
B. Zoning Map Revisions. Comprehensive Plan Amendment. If the request for
zoning amendment is not in accordance with the Comprehensive Plan, the
Commission shall consider and the Council may adopt or reject an amendment to the
Comprehensive Plan after notice and hearings as provided in Section 67-6509, Idaho
Code. (See following summary table for allowable zoning in Comprehensive Plan
areas.)
Page 1
Summary Table of Appropriate Land Uses for each Comprehensive Plan Map
Designation: (Amended 15 Sept 2021 by Resolution 2021-09)
Comprehensive Plan
Allowable Zoning District
Designation
Industrial
(LI) Light Industrial (HI) Heavy Industrial
(RBC) Regional Business Center
(CBC) Community Business Center
Commercial/Mixed Use
(RBD) Residential Business District
(MU) Mixed Use
(MDR1) Medium - Density Residential 1 (MDR2)
MDR 1 to HDR2
Medium - Density Residential 2
(HDR1) High - Density Residential 1
(HDR2) High - Density Residential 2
(LDRI) Low - Density Residential 1 (LDR2) Low -
Density Residential 2 (LDR3) Low - Density
LDR 1 to MDR 1
Residential 3 (MDR1) Medium - Density Residential
1
(RR I) Rural Residential 1
Rural
(RR2) Rural Residential 2
(TAG) Transitional Agriculture
Open Spaces/University
(UD) University District
(OS) Open Space
Form -Based
City -Center Transects
C. Commission Consideration. In evaluating requests for amendments, the Commission
shall consider, in addition to conformance with the Comprehensive Plan as required by
Section 67-6511, Idaho code, the following:
1. The capacity of existing public streets, water and sewer facilities, storm
drainage facilities, solid waste collection and disposal, and other utilities.
2. The capacity of existing public services, including but not limited to, public
safety services, public emergency services, schools, parks and recreational
services.
Page 2
3. The potential for nuisances or health and safety hazards that may adversely
affect adjoining properties.
4. Recent changes in land use on adjoining properties or in the neighborhood of
the map revision.
D. Other Material Recommendations. Following the hearing, if a material change in
the ordinance is recommended, other than that published for the present hearing,
further notice and hearings shall be provided before the Commission forwards its
recommendation to the Council.
SECTION 2: AMENDMENT "3.01.020 Zoning Districts" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
3.01.020 Zoning Districts
The City may be divided into the following zoning districts, the boundaries and extent of
which shall be shown on the official Rexburg Zoning Map by the City of Rexburg Staff -
Residential Zones (a) Rural Residential 1 (RR1) (b) Rural Residential 2 (RR2) (c) Low
Density Residential 1 (LDR1) (d) Low Density Residential 2 (LDR2) (e) Low Density
Residential 3 (LDR3) (f) Medium Density Residential 1 (MDR1) (g) Medium Density
Residential 2 (MDR2) (h) High Density Residential 1 (HDR1) (i) High Density Residential 2
(HDR2)
Combined Use Zones 0) Mixed Use (MU) (1)
Transitional Agriculture (TAG)
Commercial District Zones (n) Community Business Center (CBC) (o) Regional Business
Center (RBC)
Highway Business District Zones (p) Light Industrial District (LI) (q) Heavy Industrial
District (HI)
Other Zones (r) Open Space (OS) (s) Public Facilities Zone (PF) (t) University District (UD)
(u) Residential Business District (RBD)
(v) Project Redevelopment Option (PRO)
SECTION 3: AMENDMENT "3.02.110 Fencing Requirements" of the
Rexburg Development Code is hereby amended as follows:
Page 3
AMENDMENT
3.02.110 Fencing Requirements
No wall, fence, screen, or opaque hedge or screening material shall be maintained within a
required front yard, or an area which would tend to inhibit a safe sight distance of traffic
traveling upon a public street, or entering into the public street from a private driveway or alley,
or pedestrian public way. (See Sight Triangle definition in Chapter 2)
A. Fence Types Not Permitted.
1. Floodplain. No fence shall be constructed in the floodway without approval
of the Planning and Zoning Commission.
2. Barbed Wire/Electric. Barbed wire fences and electric fences shall not be
erected or maintained unless approved by the Planning and Zoning
Commission.
B. Maintenance. Fences shall be maintained in a good state of repair.
C. Fence Height. The height of any fence, wall, or sight -obscuring objects within fifteen
(15') feet of the right-of-way shall be a maximum of three (3') feet in height measured
from the natural grade of the property on which it is located.
1. Fences within 15' of the right-of-way would be allowed between three (Y) to
six (6') feet high if constructed out of rigid materials and approved by the
Zoning Administrator or designee with fifty (50%) percent or more see -
through per lineal foot outside of the sight triangle.
D. Rear Yard. In a rear yard, walls and fences may be between three and six feet (3'-6').
A fence may be built along the property line in a rear yard.
1. Dog Runs. Dog runs shall be placed in rear yards only and shall be at least
ten (10') feet from another residence.
2. Building Permit. Fences over seven (7') feet in height must obtain a building
permit.
a. Height Limit. Fences shall not be greater in height than eight (8')
feet.
E. Commercial Adjacent to Residential. A vinyl or masonry fence of at least six (6')
feet in height shall be erected along all property lines which he adjacent to a residential
zone or use, except front yards, where the height of the fence shall not exceed thirty-
six (36") inches within fifteen (15') feet of the right-of-way.
1. In the case where there is mutual agreement between the property owners of
the commercial zone and the adjacent residential zone, the Planning and
Zoning Commission shall give considerable weight to the wishes of the parties
involved.
F. Schools, Churches, Universities, Colleges, Hospitals, Nursing Homes, City and
County. The height, location and placement of fences by the foregoing entities may
be altered, subject to prior written approval of the Zoning Administrator. However,
sight triangles at any intersection must be maintained pursuant to Section 3.02.050. of
this Ordinance. (See Sight Triangle definition.)
G. Grade Differences. Where there is a difference in the grade of the properties on either
Page 4
side of a fence, wall or other similar structure, the height of the fence shall be
measured from the natural grade of the property upon which it is located.
H. Exceptions.
1. The provisions of this section shall not apply to tennis court backstops or patio
enclosures as approved by the Zoning Administrator, if it is determined that
such do not create a hazard or violation of other sections of the Rexburg City
Code or other City Ordinances.
2. Retaining Walls. Where a retaining wall protects a cut below or a fill above
the natural grade and is located on the line separating lots or properties, such
retaining wall may be topped by a fence, wall or hedge of the same height that
would otherwise be permitted at the location if no retaining wall existed only
after approval by the Zoning Administrator.
!' BD The Gents l Business ll_✓tri_f ( BD) to " ^ll_._. other
a_. es of
r__,.,...
4. All other exceptions must obtain Planning & Zoning Commission approval.
SECTION 4: AMENDMENT "3.04.030 Table 3 Number Of Parking Spaces
Required" of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
3.04.030 Table 3 Number Of Parking Spaces Required
A. Where a specific use is not listed, the Zoning Administrator or designee, in his or her
professional judgment, shall make a determination on a parking standard to be applied
based on a similar use, and/or available information from national studies or other
communities' parking standards. TABLE 3: Minimum Number of Parking Spaces
required are as follows:
RESIDENTIAL DWELLINGS
Single -Family Dwellings
2 Spaces per Unit
Multi -Family Dwellings
2 Spaces per Unit
High Density Residential 1 Bedroom 2
Bedrooms 3 Bedrooms
1.5 Spaces per Unit 2 Spaces per Unit 2
Spaces per Unit
Townhouses
2 Spaces per Unit (off-street parking)
Page 5
RESIDENTIAL USES
Congregate Residence
1 Space per Occupant (unless otherwise
approved by the Zoning Administrator)
Dormitory Housing
1 Space per Occupant (including 10% visitor
parking)
Motels and Hotels (Transient Lodging)
1 Space per Sleep Room plus 1 Space per
Employee at Highest Shift
Multi -Family Dwellings for Elderly
1 Space per Unit
Nursing Homes
0.25 Spaces per Bed
Short -Term Rentals, (including Boarding
2 Spaces for Owner/Manager plus 1 Space
House, Bed and Breakfast)
*
per Bedroom being rented. No on -street
parking allowed.
B. Each Residential Rental, Apartment House or Apartment must inventory all approved
parking spaces and issue contractual obligations relative to all such parking spaces. No
agreements for tenancy shall be executed on behalf of the owner, operator or their agents,
relative to a Residential Rental, Apartment House or Apartment without affirmatively
designating whether the same has a parking space available.
1. All designation of available parking as referenced above shall have an approved
parking space associated with the designation such that if all designated tenants were to
park a vehicle there would adequate spaces. No allowance for absenteeism shall be
allowed. For each agreement containing an affirmative designation of parking space,
there must be a space.
2. Any agreement for tenancy in a Residential Rental, Apartment House or Apartment,
which is not specifically designated as a "Parking Space" agreement, there must be an
affirmative statement notifying the parties to the agreement that there is no overnight,
on -site parking provided in connection with the agreement.
Page 6
SPACES
BUSINESS OR SERVICE (per 1,000
square feet of gross floor area)
All warehousing (plus 3 spaces per 1,000
0.2
square feet of office, retail, or other public
area)
Automotive, marine craft, aircraft and
accessories (does not include repair garages)
Building materials, hardware and farm
1
equipment Furniture, home furnishings, and
equipment Manufacturing (plus 3 spaces per
1,000 square feet of office, retail, or other
public area)
2
Contract construction services Wholesale
trade
All other services Automotive, marine craft,
aircraft and accessories (sales and service)
3
Business services Doctor offices and all other
medical services and professional services
Finance, insurance, and real estate services
Food (non -restaurant) Travel services
General merchandise Indoor recreation
4
facilities *Medical Clinic Shopping centers —
Mixed Uses Fewer than 200,000 square feet
Health Clubs
5
Shopping centers — Mixed Uses Over
200,000 square feet
6
Beauty and Barber services
10
Sit down restaurant
*A medical clinic is any facility that provides limited diagnostic and outpatient care, but is
unable to provide long-term, in-house medical and surgical care. Clinics commonly have lab
facilities, supporting pharmacies and a wide range of services.
C. BUSINESS & SERVICES (per other measurement)
Page 7
Call Centers and business with higher density cubicles 0.9 spaces per employee
Civic, social, fraternal organizations 1 space per
4 persons (maximum occupancy) Fast food with drive -through 0.33 spaces per seat (two (2)
feet of bench equals one (1) seat) Hospital services 2 spaces per patient bed for expansions (to
current campuses existing prior to 2008) 4 spaces per patient bed for new hospital campuses
Religious Facilities 1 space per 4 seats or 8 feet of bench in main meeting room Public
Assembly Theaters, sports arenas, and auditoriums 1 space per 4 seats
Recreation
Racquetball, handball and tennis courts 3 spaces per court
Bowling alley 7 per alley Schools 2 spaces per teacher on largest shift for Day Care, Preschool
2 spaces per classroom Kindergarten, Elementary, and Junior high schools 1 space per 4
persons (at maximum capacity) High schools and Colleges
D. (UD) University Parking Ratios. Minimum parking spaces shall be regulated in the
UD with the University Parking Ratios set forth below. In determining the ratio, all parking
spaces located upon the University Campus together with all on -street parking where the
University Campus occupies both sides of the street shall be included. The term full-time
equivalent shall be established in the BYU-Idaho Parking Study published in 2002.
Student Ratio:
.20 spaces per FTE Student
Faculty Ratio:
.585 spaces per FTE Faculty
Staff Ratio:
.585 spaces per FTE Staff
SECTION 5: AMENDMENT "3.04.050 Location Of Parking Spaces" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
Page 8
3.04.050 Location Of Parking Spaces
A. Off -Street Parking. Off-street parking shall be located within two hundred (200') feet
of the primary entrance of the building. This distance shall be measured from the
building entrance along an accessible route that a pedestrian would use.
1. CUP. The Planning & Zoning Commission may allow a greater distance with
a Conditional Use Permit (CUP).
2. Exception: This does not apply in th
Mixed Use (MU) zones.
B. Parking Space Location
1. Front Yard Parking. (For Commercial12roiects see subsection 6.00.080.)
Parking spaces and maneuvering areas shall not be provided within a required
front yard. Front yards shall be dedicated to landscaping.
a. Exceptions:
(1) RBD. Except in Residential Business District (RBD), where
an existing conforming driveway access has been provided.
(2) CBC. Parking spaces may be located in a front yard adjacent
to a public street in a Community Business Center (CBC)
zone if a minimum ten (10') feet wide landscape buffer is
provided, except at ingress/egress points.
(3) Commercial Zones (excluding Mixed Use zones).
Driveways may encroach into the setback up to ten (10') feet
from the right-of-way. Such yards shall be dedicated to
landscaping.
2. Townhomes, Row Houses. Townhomes or row houses shall be designed to
provide rear loading driveways and garages, rather than utilizing the front yard
(unless approved by the Zoning Administrator) or provide a parking lot that
meets all applicable standards for the underlying zoning.
C. Sight triangle or Exits. No parking spaces shall be located in the clear sight triangle
or immediately adjacent to an exit to a public right-of-way.
D. Residential Parking Spaces.(See subsection 4.00.060.)
E. Street Access. No access point from a parking area to any street shall be within
twenty (20') feet of a local street intersection or alley. No access point shall be within
forty (40') feet of an intersection with a collector street, and within sixty (60') feet of
an intersection with an arterial street.
F. Right -of -Way.
1. No parking areas shall be designed to require the use of the public right-of-
way to travel from one portion of the lot to another.
2. No parking area shall be designed or constructed to create a situation in which
vehicles back into the public right-of-way.
a. Exception: Single-family homes, twin homes and duplexes.
Page 9
SECTION 6: AMENDMENT "3.04.060 Parking Area Screening And
Safety" of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
3.04.060 Parking Area Screening And Safety
A. Screening for Parking Areas. Parking must be screened from public or private right-
of-way and other residential uses and from the adjoining streets to minimize the visual
impact of off-street parking. Fences, hedges, berms and landscaping can be used to
screen parking areas.
1. Large Parking Lots. When large parking lots are necessary, increase the
landscaping to screen the lot and divide the lot into smaller components.
Significant landscape islands must be provided in the interior of large lots
(over fifty (50) parking spaces). These may double as snow storage areas in
winter months.
2. Front Yard Berm Buffer. Parking lots in front yard setbacks shall be
buffered with minimum ten (10') feet wide, two (2') feet high landscape berm
planted with bushes and trees.
3. Side and Rear Yard Buffer. Buffers for parking areas shall consist of a
minimum five (5') feet wide landscape strip to be planted with ground cover,
one (1) deciduous tree and five (5) shrubs, per thirty (30') lineal feet.
a. A six (6) tall vinyl or masonry fence may be substituted for the
landscape buffer, but not in front yards or front setbacks.
b. Property owners may receive an easement in -lieu of this buffer. This
easement will need to provide connectivity between parking lots and,
depending on size, may require landscape islands to be placed.
4. Landscaping and Snow Storage. Parking areas of four (4) or more vehicles
shall dedicate ten (10%) percent of the parking area to landscaping and snow
storage. The landscaping may be interior or may be peripheral and shall
include groundcover and trees.
5. Parking Areas and Existing Uses.
a. Required Buffer.
(1) The buffer shall consist of a minimum five (5') feet wide
landscaped strip to be planted with one (1) tree and five (5)
shrubs per thirty (30') lineal feet. (See subsection 3.02.100.1
(2) A six (6') feet high vinyl or masonry fence may be substituted
for the landscape buffer, but not in the front yard or front yard
setbacks. (See subsection 3.02.110.)
b. The buffer described in subsection 3.04.060.A.5.a shall be provided
between parking areas for more than five (5) vehicles and existing
residential uses, schools, hospitals, nursing homes and other
institutions for long-term human care.
Page 10
c. Commercial Parking Areas. Commercial parking lots shall be
separated from the city right-of-way with a minimum ten (10') feet
wide buffer with the required landscape trees and bushes as described
in subsection 3.04.060.A.5a.
B. Safety. Parking spaces along the outer boundary of a parking lot shall be contained by
high -back curbing or a bumper rail so placed to prevent a vehicle from extending over
an adjacent property.
1. Wheel Stops. Wheel stops should be a minimum of four (4") inches in height
and width and six (6') feet in length, and should be firmly attached to the
ground. Placement should be a minimum of eighteen (18") inches from
property line.
C. Sidewalks, no less than five (5') feet in width, (six (6') feet in width where vehicle
overhang will occur), along facades abutting public parking areas.
1. Drainage. Parking spaces shall be provided with adequate drainage which
shall not run across a public sidewalk.
2. Sidewalk Access: MDR, HDR. Housing projects made up of twelve (12) or
more units will be required to demonstrate sidewalk access to the BYUI
campus and to the nearest Substantial Commercial Cluster.
D. Lighting. All 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 3.6 Lighting Standards.
E. Parking Area Rules per Zone:
1. Parking in Residential Zones. (See subsection 4.00.060.1
2. Connectivity: MU, £9D, CBC, RBC, LI, PF, RBD. When possible,
connectivity through parking lots of adjacent properties is required.
3. (RBD) — RESIDENTIAL BUSINESS DISTRICT
a. Parking areas within the RBD zone are to be used by occupants of the
property and customers of the property, and are not to be used by
employees or customers of businesses that may be located in nearby
business or commercial areas.
b. RBD corner lots shall be allowed to petition for parking in side yards
provided any such parking shall be buffered visually and for sound
from public rights -of -way.
4. (UD) UNIVERSITY DISTRICT
a. Permissible Lot Coverage. In a UD zone, all buildings and
structures, inclusive of parking lots, shall not cover more than sixty
(60%) percent of the lot or parcel of land upon which they are placed.
SECTION 7: AMENDMENT "3.04.100 Loading And Unloading Areas" of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
Page 11
3.04.100 Loading And Unloading Areas
All commercial and manufacturing uses shall provide adequate off-street loading and
unloading areas. For changes of occupancy use, loading spaces and loading space access shall
be required.
A. Any building used for retail or wholesale or manufacturing shall provide one (1) off-
street loading space per ten thousand (10,000) square feet at least forty by twelve (40'
x 12') square feet with an unobstructed height of fourteen feet, six inches (14'6").
1. Change of Use. When the use of a building changes, loading spaces will be
required unless applicant provides information to staff identifying acceptable
alternate means.
B. Additional Spaces. Additional spaces may be required by the City Engineer or
Planning and Zoning Commission.
C. Availability. Loading and unloading spaces shall be permanently available.
D. Maneuvering Area. Maneuvering for loading and unloading spaces cannot use
rights -of -way, except alleys.
E. Surface. Loading and unloading spaces shall be surfaced with concrete or asphalt.
F-. Exeeption. GBD. Offiee and other buildings without large deliveries are not required
to have a leading spttee.
SECTION 8: AMENDMENT "3.05.190 Allowable "Sign Size" And "Sign
Permit Conditions" By Zone" of the Rexburg Development Code is hereby amended as
follows:
AMENDMENT
3.05.190 Allowable "Sign Size" And "Sign Permit Conditions" By Zone
Zones: RR1, RR2, LDR1, LDR2, LDR3, TAG, RBD
Page 12
Sign
Lighti
(BD)
Type
Area
Max
Location From
ng
Restrictions
or
(Sq. Ft)
Height
Property Line
Style
(CUP)
For Rent
6 6 5 feet + None 1 per street frontage BD
For Lease
For Sale
Home
2
Limited
Must be parallel
None
1 per street frontage
BD
Occupation
by Wall
to wall
1 or more with max.
Construction
32
8
5 feet +
None
Total of 96 SQ. FT.
BD
PUD,
Indirect
1 or more with max.
Subdivision
64
8
5 feet +
Internal
total of 64 SQ. FT.
CUP
Identification
Directional
6
Code
Public ROW
Internal
Code
CUP
Public Service
6
Code
Public ROW
Internal
Code
CUP
All other signs
Prohibited
Zones: MDR1, MDR2, HDR1, HDR2
Page 13
Location
(BD)
Max
Li h
Type
Sign Area
Heig
From
tmg
Restrictions
or
(Sq. Ft)
ht
Property
Style
(CU
Line
P)
For Rent
32 10 5 feet + Non 1 per street frontage BD
For Lease
e
For Sale
Limit
Must be
Home Occupation
2
ed by
parallel to
Non
1 per street frontage
BD
Wall
wall
e
Indir
Construction
32
12
5 feet +
ect
1 or more with max.
BD
Inter
96 SQ. FT.
nal
Indir
PUD, Subdivision
64
8
5 feet +
ect
1 or more with max.
CUP
Identification
Inter
64 SQ. FT.
nal
Not in
Directional
6
Code
Sight
Non
Code
CUP
Triangle
e
Public Service
6
Code
Public
Code
CUP
ROW
eon
Project signs for
1 sq. ft. per
Bldg. wall
Indir
Not in set -back or
Identification
3 Lineal ft.
12
Facing the
ect
higher than the eave
CUP
Attached/detached 50
Of bldg.
Street
Inter
line; 1 per parcel
sq. ft. Max.
nal
All other signs
Prohibited
V7i MUMIJ
Page 14
Sign
Location
(BD
Type
Area
Max Height
From
Lightin
Restricti
) or
(Sq. Ft)
Property
g Style
ons
(CU
Line
P)
For Rent
1 per
For Lease
32 10 5 feet + None street BD
frontage
For Sale
Limited by
Must be
1 per
Home Occupation
2
parallel to
None
street
BD
Wall
wall
frontage
1 or more
Construction &Temporary
32
12
5 feet +
Indirect
with max.BD
Internal
96 SQ.
FT.
1 or more
PUD, Subdivision
With max.
CU
Identification
64
8
5 feet +
None
64 SQ.
P
FT.
Not in
Directional
6
Code
Sight
None
Code
CU
Triangle
P
Public Service
6
Code
ROW
None
Code
PU
Accessory On- Premise,
1 sq. ft.
Less than
Bldg.
Indirect
Wall, Free Standing, or
Per 3
Height of Wall;
wall
Internal
1 per
CU
Canopy Marquee 50 Sq.
Lineal ft.
FS Max. 12
Facing
Flood
parcel
P
ft. Max.
Of bldg.
Feet high
the Street
light
Open Lands
Code
Code
Code
Code
Code
BD
All other signs Prohibited
Zones: CB9CBC, RBC, LI, and HI
Location
(BD)
Type
Sign Area
Max
From
Lightin
Restrictions
or
(Sq. Ft)
Height
Property
g Style
Line
(CUP)
For Rent
1 per street
Page 15
For Lease
32 10 5 feet None frontage BD
For Sale
1 or more
Construction &
32
12
5 feet
None
with max. 96
BD
Temporary
SQ. FT.
Directional
6
Code
Code
Internal
Code
BD
Public Service
6
Code
Public ROW
Internal
Code
CUP
Single story;
Accessory; On
Sec. II
8 ft. over
less than 30
BD
premise;
Building
feet
Buildings
Wall signs
Sec. II
6 ft. over
greater than
BD
Building
30 feet
Not in Public
Public
ROW; Blade
ROW
Projected Signs
Sec. II
Sec. II
Signs
Sec. II
Sec. 11
w/CU
Allowed
P
Marquee &
SecII
No
Face Parallel
Indirect
I per street
CUP
Canopy
.
Projections
w/sign
Internal
frontage
Sec. 11
g ft. Min.
Under Marquee
Length Only
Clearance
Code
Internal
1 per
BD
& Canopy
75% Of sign
To Ground
Business
Width
1 per
Non -Accessory
10 ft. Max.
Indirect
property
Off Premise Free
32
Height
Sec. I Sec. II
Internal
(Wall or Free
CUP
standin or Wall
Floodlit
Standing)
Accessory On-
24 ft. ft. Max
Indirect
or
or
BD or
Premise; Free
Sec. I
hg
Sec. I
Direct
Sec. I
CUP
Standing
Internal
w/CUP
Only
Portable signs
Sec. I
4 ft. Max.
Sec. I Not in
None
allowed as
BD
(A -frame style)
Public ROW
Temporary
Signs.
Page 16
SECTION 9: REPEAL "5.2 CENTRAL BUSINESS DISTRICT (CBD)" of
the Rexburg Development Code is hereby repealed as follows:
REPEAL
5.02.010 Purpose And Objectives
The CBD is established to recognize the historic central retail and service center of the City.
The CBD Zone is intended to be located only in the central core area of the City and to be
expanded out from that central area in an orderly and progressive manner as the demand for
additional commercial land is generated. This zone will tend to encourage an architectural
theme, which will strengthen the continuity of the downtown area and give it a "character"
with which the citizens of Rexburg can identify.
The CBD Zone is a mixed -use zone and residential uses are encouraged on the upper floors of
the downtown buildings. The CBD Zone is to be characterized by wide, clean, well -lighted
streets, ample pedestrian ways, and vehicular parking lots for the convenience and safety of the
public. Attractive, inviting, and well -maintained shops, stores, offices, and other buildings are
also characteristic of this zone. On -street parking serves many of the businesses.
5.02.020 Architectural Design Standards
A. Introduction. Developments ni the Central Business District shall unplement projects
with an overall community design in mind and in conformance with the downtown
blueprint hereby adopted. The need exists for Design Standards to be in place to
ensure developments are coordinated into the overall community presentation and to
preserve the integrity of the existing business district and in the downtown as the
"center" of the community. These standards require a basic level of architectural
variety, compatible scale, pedestrian and bicycle access, and mitigation of negative
impacts. The intent is to allow flexibility in design, while reviewing projects for
compliance to the Downtown Guiding Principles and Development Framework as
described below:
Guiding Downtown principles. The City of Rexburg values the historical
sense of place that the downtown has provided for over one hundred (100)
years. Recent studies have identified several guiding principles that will guide
the continuation of the downtown core over the next hundred years. These
principles are as follows:
a. Downtown is a Pedestrian -Priority Area.
b. Downtown is the Civic, Social, and Cultural Center of Rexburg and
Madison County.
c. Downtown is Highly Attractive to visitors and has a "historic" sense
about it.
d. Downtown is the Heart of "America's Family Community."
e. Downtown is a Mixed -Use Center, which includes Retail, Office,
Page 17
Residential, Entertainment, Culture, and Educational facilities.
f. Downtown is Highly connected to the City, Region, and to BYU-
Idaho.
g. Downtown is guided by Public -Private Partnerships, including
Agencies.
h. Circulation System Manages "Through" and "To" Traffic
Strategically.
i. Downtown Way -Finding and Parking Systems are User -Friendly.
j. Downtown Hosts a Central Plaza for Community Events and
Activities.
k. Downtown is a great Place to Work, Visit, Shop, Learn, and Live.
2. Downtown Development Framework. The Development Framework that
has been identified and within which the community will pursue a
revitalization blueprint is as follows:
a. Define and Focus Development on Target Markets.
b. Emphasize Mixed -Use Development with Ground Floor Retail.
c. Infuse Residential Units Downtown.
d. Build a Sound Parking System for Employees, Customers, Visitors,
and Residents.
e. Build a Pedestrian and Cycling Pathway Network Linking Key
Downtown Nodes.
f Undertake Infill, Redevelopment, Adaptive Re -Use, and Historic
Preservation. Implement an Urban Renewal Program.
g. Install Small Business Amenities and Services to Draw this Market.
h. Design the Place of Downtown for America's Families.
i. Connect to Community & Region with Wayfinding, Gateways,
Parking, Amenities, and Marketing.
j. Recruit Social Retailers to Reconnect with Major Regional Markets.
5.02.030 Permitted Uses
The following principal uses and structures indicated as "P", and no others, shall be permitted
in the CBD zone. The following uses and structures indicated as "CUP" may be permitted in
the CBD zone only after a Conditional Use Permit has been approved, and subject to the terms
and conditions thereof.
CENTRAL BUSINESS DISTRICT (*All dwellings must be above the ground floor
without a CUP.)
Accessory Accessory Building (See subsection 3.02.070.) P
Residential
Single-family Dwelling*
P
2-family Dwelling: Duplex, Townhome* I P
Page 18
Dwellings on 1 st Floor
C
U
P
Apartments (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
Group Housing
Boarding Houses* (See subsection 3.02.160.)
P
C
Dormitory, Fraternity, Sorority (max. 6 persons/unit)
U
P
Hotels
P
Membership Lodging
P
Multi -Family*
P
Religious Quarters
P
Short -Term Rental* (See subsection 3.02.160.)
P
Vacation Rentals
P
C
Assisted & Residential Care Facility
U
P
Care Facilities
Behavior, Drug & Alcohol Treatment
C
U
P
Day Care Centers
P
Group Home (Disabled & Elderly; under 8 residents)
P
Churches, Synagogues and Temples
P
Place of Worship
Other Religious Activities
P
Religious Reading Rooms
P
C
Schools, public
Dancing Schools
U
or private
P
Nursery Schools
P
Indoor
Recreation
Athletic Clubs, Body Building Studios, Aerobic Centers &
Gymnasiums
P
Billiards and Pool Halls
P
Page 19
Entertainment
Bowling Alleys
P
Coin -operated Amusements
P
Cultural Activities
P
Dance Halls, Ballroom
P
Ice Skating
P
Miniature Golf
P
Public Assembly
P
Roller Skating & Skate Boarding
P
Theatres (Auditoriums, Performing & Motion Picture)
P
Food
Bakeries & Doughnut Shops
P
Candy, nut & confectionery
C
U
P
Dairy Products
C
U
P
Eating Places; Restaurants
P
Food Stores
P
Fruits & Vegetables
C
U
P
Grocery Stores (5 - 10 acres only)
P
Miscellaneous Retail Food
P
Mobile Vending Court
C
U
P
Manufacturing
Small Generation (Minor assembly & other innocuous manufacturing)
C
U
P
Apparel and Accessories
P
Books, Stationary, Art and Hobby Supplies
P
Department Stores (junior and major chains)
P
[Discount Department
P
Page 20
Retail
Direct Selling Organization
P
Dry Goods and General Merchandise
P
Electrical Supplies
P
Florists
P
Furniture, Home Furnishings & Equipment (No Combined
Warehousing)
P
Garden Supplies (Inside Building Only)
P
Hardware
P
Heating & Plumbing Equipment (No Outside Storage)
P
Ice Dealers (Automated Machines or Pick -Up Stations Only)
P
Jewelry
P
Liquor Stores & Packaging
P
Merchandise Vending Machine Operators
P
Miscellaneous Retail Stores
P
Miscellaneous Retail Trade
P
Motorcycles, Motor Scooters, Parts, Accessories & Supplies
P
Paint, Glass & Wallpaper
P
Shopping Centers (Uses Listed Here; 5 - 10 acres)
C
U
P
Sporting Goods, Bicycles, And Toys
p
Surplus Stores (inside only)
P
Variety Stores
P
Auction Houses
C
U
P
Beauty & Barber Shops
P
Building Maintenance
P
Drug & Proprietary Stores
P
Educational Services
P
C
Page 21
Services
Equipment Rental
U
P
Executive, Legislative & Judicial
P
Gasoline Service Stations
C
U
P
Gunsmiths
P
Laundry & Dry Cleaning
C
U
P
Libraries
P
Locksmiths & Key Shops
P
Miscellaneous Business Services
P
Miscellaneous Service Organizations
P
Package Antiques & Second -Hand Merchandise
P
Package Second -Hand Auto Parts (indoor only)
P
Personal Services (except wedding chapel and reception centers)
P
Photographic Services & Studios
P
Postal Services
P
Protective Functions & Related 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 Appliance
P
Repair, Saw, Knife & Tool Sharpening
C
U
P
Repair, Shoe, Hat Cleaning
C
U
P
Spas
P
Page 22
Video Rental Shops
P
Wedding Chapels & Reception Centers
C
U
P
Office
Banks, Insurance & Real Estate Offices
P
Business (office & retail sales only)
P
Call Centers (additional parking provided & approved by Zoning
Admin.)
P
Contract Construction Services Office & Retail
P
Janitorial Office (Dwelling & business cleaning)
P
Mail & Phone Order Houses
C
U
P
Miscellaneous Business Services Office
P
Professional Service Providers (except behavior, drug & alcohol
treatment)
P
Refuse Disposal Company Office
P
Travel Agencies
P
Utility, Electric Company office
P
Utility, Gas Company Office
P
Utility, Water or Irrigation Company Office
P
Automobile Parking Lots and Garages (no impound or long-term
storage)
P
Parking Garages (>10 parking spaces & garage majority of space)
C
U
P
Transportation
Bus Transportation (no garaging & equipment maintenance)
P
Heliport (pad only, no maintenance)
C
U
P
Motor Vehicle Transportation
P
Crematory
P
Funeral Parlor (mortuary)
P
Page 23
U tilitics Communications C
U
P
5.02.040 Lot Area
There is no minimum lot area in the CBD zone.
5.02.050 Lot Width
Each lot or parcel of land in the CBD Zone shall have an average width of not less than thirty
(30') feet.
5.02.060 Lot Frontage
Each lot or parcel of land in the CBD Zone shall abut on a public street for a minimum
distance of twenty-four (24') feet on a line parallel to the center of said street.
5.02.070 Lot Density
Residential dwelling density shall not exceed forty (40) dwelling units per acre.
5.02.080 Yard Requirements
The following minimum yard requirements shall apply in the CBD Zone:
A. Front Yard. The minimum front yard setback shall be zero (0') feet. The maximum
front yard setback shall be ten (10') feet from right-of-way.
1. Parking spaces, drive aisles, and all maneuvering areas shall not be located
within the first ten (10') feet of a front yard. This area shall be used for
landscaping that will adequately screen parking areas from adjacent right-of-
way.
B. Side Yard. Except as provided in this section, there shall be no side yard
requirements.
C. Rear Yard. No requirement.
D. Projections into Yards No part of any building shall overhang the public right-of-
way. (See subsection 3.02.090.)
E. Transitional Development Standards. (See subsection 3.02.080.)
5.02.090 Building Height
Buildings and portions of buildings within the CBD shall not exceed forty-five (45') feet in
height.
A. Proximity to Residential Zone. Buildings within fifty (50') feet of a residential zone
Page 24
shall be limited to thirty-five (35') feet in height, measured at the top of building's
horizontal wall, or maximum height of the affected residential zone.
B. Extra Residential Floor. One additional story or ten (10') feet in height shall be
allowed extra when the building contains a floor of residential units that are not located
on first floor or street level.
C. Additional height may be allowed with a Conditional Use Permit (CUP).
5.02.100 Distance Between Buildings
No requirement except as regulated by the provisions of the Building Code of Rexburg, ID.
5.02.110 Permissible Lot Coverage
No requirement except as may be dictated by the necessary provision of off-street parking and
other applicable requirements.
5.02.120 Parking, Loading, And Access
Each Lot or parcel in the CBD Zone shall provide automobile parking sufficient to meet the
requirements as set forth in section 3.4.
A. Parking shall be calculated for each use individually, based on its own standard.
B. Additional Parking. Additional parking spaces may be required if a new use requires
more parking than traditional retail.
C. Residential Uses.
1. Required parking for residential uses shall be provided on the subject lot or
parcel when possible.
2. When not possible, required parking may be provided on a separate lot or
parcel in the vicinity after the approval of a conditional use permit.
D. Parking areas shall be adequately screened from adjacent right-of-way.
5.02.130 Other Requirements
Mixed -use projects, where the ground floor use is non-residential (i.e., retail shops on the main
floor with apartments over the top), shall be built to the Commercial Design Standards (See
section 6.0) and the following:
A. Uses Within Buildings. All uses established in the CBD Zone shall be conducted
entirely within a fully -enclosed building except those uses deemed by the Planning
and Zoning Commission to be customarily and appropriately conducted in the open,
and other uses which are allowed by the Planning and Zoning Commission to be
conducted in the open through the granting of a CUP. Uses customarily deemed to be
conducted in the open may include, but would not be limited to, ice skating, miniature
golf, etc.
B. Fences
1. Entry Treatments to Private Driveways or Subdivision Development
Entrances. Entry treatments to private driveways or subdivision development
Page 25
entrances may not exceed six (6') feet at the highest point, except lamps on
pillars. Lamps on pillars shall be allowed to extend up to eight (18") inches
above the allowable height of the fence, provided the pillars shall have a
minimum spacing of no less than six (6') feet, measured from face-to-face.
2. Privacy Walls. Privacy walls which project into a required front yard will be
subject to the Zoning Administrator or designee for review.
C. Landscaping.
1. A minimum of ten (10%) percent landscaping shall be provided for all parking
lots and shall be useable for snow storage.
D. Trash Storage. (See subsection 3.02.120)
1. Materials for Screening. Materials and location of the screened areas shall be
reviewed and approved by the Zoning Administrator or Designee prior to
installation. Materials used for screening should be consistent with the
predominant material found in the exterior construction of the building used
by the business served, however, as a minimum, a vinyl fence will be allowed.
E. Walls and Fences. (See subsection 3.02.110.)
1. Entryways. Entry treatments to private driveways or subdivision
development entrances may not exceed six (6') feet at the highest point,
except lamps on pillars. Pillars shall be allowed to extend up to eighteen (18")
inches above the allowable height of a fence provided that the pillars shall
have a minimum spacing of no less than six (6') feet, measured face-to-face.
2. Privacy Walls. Privacy walls which project into a required front yard will be
subject to Committee Development Director or Designee review.
3. Double Frontage Lots. A fence or wall may be erected in the rear yard of a
double frontage lot subject to Committee Development Director or Designee
review.
F. Signs. (Lee section 3.5.)
1. Signing of shops and business establishments should be simple and attractive
with signs mounted flat against the building to reduce the sign clutter and
enhance the aesthetics of the downtown area.
2. Blade signs that are placed between eleven (11') feet and sixteen (16') feet
above sidewalk are allowed in the right-of-way as approved by City Engineer.
5.02.140 Sidewalk Cafes
A sidewalk cafe shall be permitted if the following requirements are met:
A. An applicant submits scaled plans demonstrating that the cafe will conform to the
following development standards:
1. Unobstructed Sidewalk. At least six (6') feet of clear, unobstructed sidewalk
width will remain available for pedestrian use and shall be required between
any portion of the cafe area and any sidewalk obstructions such as tree wells,
street signs, utility poles, newspaper racks, benches, kiosks, drinking fountains
and landscaped areas.
2. Furnishings. Tables, chairs and other furnishings associated with the cafe will
Page 26
be located directly adjacent to the building and ground floor space in which
food or drink is prepared.
3. Setback. A setback of five (5') feet will be maintained from the dining area to
a property or lease boundary and from the intersection of the public sidewalk
with a driveway, alley, street or another public sidewalk.
4. No Barriers. if the sidewalk caf6 is limited to one row of tables and chairs
parallel to the building, no barriers will be erected to impede access. If a
sidewalk caf6 is designed to have more than one such row of tables and
chairs, a non -sight obscuring removable barrier not more than three (3') feet
high enclosing the tables and chairs shall be constructed. Barrier gates shall
not swing into the required unobstructed sidewalk area required in subsection
A.1 above.
Awnings associated with the caf6 will be installed in accordance with the
Building Code.
Umbrellas shall not extend into the required unobstructed sidewalk area.
Signs associated with the caf6 will be installed in accordance with Rexburg
City Code.
Adequate facilities for the storage of trash and tobacco waste products
generated by the caf6 will be provided at a convenient location.
B. Agreement. An agreement between the applicant and the City is executed and
recorded that includes the following provisions:
1. No alcohol will be consumed on the sidewalk.
2. Insurance. Insurance will be continuously maintained to adequately co-insure
Rexburg City against any liability associated with the sidewalk caf6, as
reasonably determined by the City. The insurance certificate shall name the
City as an "additional insured." Cancellation of such insurance shall require at
least thirty (30) days prior notice to the City.
3. Liability. Rexburg City, its officers, agents and employees, will be held
harmless from any claims, causes of action, injuries, losses, damages,
expenses, fees and costs, including attorneys' fees, associated or arising from
the operation of the caf6.
4. Damage. The cafe owner and operator will be responsible for repair of any
damage done to the public sidewalk due to the installation or removal of
furnishings, barriers or other features of the sidewalk cafe.
5. Hours. Hours of caf6 use will be limited to not earlier than 7:00 A.M. and not
later than 11:00 P.M. and will not exceed the operating hours of the associated
eating or drinking establishment.
6. Music. Within the sidewalk caf6 the use of sound reproduction equipment will
be prohibited and live acoustic music and musical instruments will be allowed,
providing sound levels are controlled so as to not disturb other businesses and
are kept within legal decibel levels per City noise regulations.
7. Sidewalk Maintenance.
a. The sidewalk caf6 and surroundings will be maintained in a neat and
clean condition at all times.
Page 27
b. All tables and chairs, any barrier, and other sidewalk obstructions
associated with the sidewalk cafe will be removed during the time
period between one-half (1/2) hour after close of business to one-half
('/z) hour before opening of the business.
c. The Cafe owner and operator will remove cafe improvements if
necessary for sidewalk repair or replacement, utility maintenance, or
upon failure to comply with the terms of the agreement.
5.02.150 Canopies And Marquees
Canopies and/or marquees may be extended over public sidewalks in the CBD Zone only after
a Conditional Use Permit (CUP) has been granted by the Planning and Zoning Commission
for their erection and after a revocable license has been issued by the Rexburg City Mayor in
accordance with the procedures outlined herein. Said marquees or canopies may be supported
by columns or stanchions which are attached to the ground within the public right-of-way and
do not extend beyond the street curb line.
A. Canopies and marquees erected in the CBD Zone must comply with all of the
following conditions:
1. Conditional Use Permit. A CUP must first be granted by the Planning and
Zoning Commission following an application submitted to the Planning and
Zoning Commission. Procedure for granting a conditional use pemut for this
purpose shall be in accordance with Rexburg City Code. The Planning and
Zoning Commission shall not grant a conditional use permit for any
construction of such canopies or marquees unless the following is fully
demonstrated to their satisfaction:
a. The canopy or marquee is harmonious in design and appearance with
the building upon which it is being located, and with the general
architectural and visual theme of the CBD Zone.
b. The canopy or marquee will be constructed of materials contained on
the materials list for the CBD Zone approved by resolution of the City
Council.
c. The canopy or marquee will tend to improve the visual environment
of the City, will not be harmful to any existing tree or landscaping
element, will increase downtown property values, and will promote
the objectives and characteristics of the Central Business District zone
as set forth herein.
d. Canopies or marquees shall remain open and unencumbered on three
(3) sides except for required supporting columns, stanchions, or
architectural features approved by the Planning and Zoning
Commission.
e. The location of supporting columns or stanchions will not obstruct
pedestrian traffic on the sidewalk, and will not materially affect
existing landscaping or street furniture installations in the public right-
of- way.
Page 28
f. Right-of-way.
(1) In no event shall any portion of the public right-of-way be
used for commercial storage, display, or other private use.
(2) The construction of any canopy or marquee under the
provisions of this section shall in no way deprive the public of
use of the public right-of-way.
g. Landscaping. In the event that no public landscaping exists in the
area adjacent to said canopy or marquee, the Planning and Zoning
Commission shall require the provision of a landscaped and planted
area no less than four (4') feet in width and no greater than six (6')
feet in width to be planted with materials as part of the granting of a
conditional use permit. This planting shall be provided at least the full
width of the canopy or marquee installation.
h. Building Code. All canopy or marquee installations will be in full
conformance with the provisions of the Building Code of Rexburg,
ID. The provisions of this section are not intended to in any way
nullify or repeal any portions of the Building Code provisions.
2. License. A license shall be obtained from the Mayor pemutting such
construction. Conditions deemed appropriate by said Mayor may be imposed
upon the granting of a license.
a. Revoked. Said license may be revoked after ninety (90) days of
written notice to the licensee, at which time all improvements must be
removed from the public right-of-way at the full expense of said
licensee.
(1) Restoration. The City right-of-way shall be restored by the
licensee at his own expense to a condition equivalent or better
than that existing in the remainder of the block face, and to a
condition satisfactory and acceptable to the Mayor.
3. Liability. The licensee shall agree to save and hold harmless the City on any
and all damage to any property or person arising from the construction and
maintenance of such canopies or marquees.
a. Licensee shall assume and pay all costs of installation, maintenance,
and removal of said canopy or marquee.
b. The licensee shall agree to pay damages and hold the City harmless
from any claim that may arise through the licensee's use of public
property for this purpose.
5.02.160 Referenced Sections
A. Prior Created Lots (See subsection 3.03.070.)
B. Project Plan Approval (See subsection 3.02.130.)
C. Lighting Standards (See section 3.6.)
(Repealed)
Page 29
. (Repealed)
(Repealed)
c 02 030 n,....ai fte TT (Repealed)
c 02 non 1 et Are (Repealed)
c rn 050 Let (Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
Parking,6.02.120 (Repealed)
(Repealed)
c 02 i n n SidewalkG r (Repealed)
_ . (Repealed)
c n2 i cn n e e _.._ee Seeti,._.. (Repealed)
SECTION 10: AMENDMENT "5.3 TRANSITIONAL AGRICULTURE
ZONE (TAG)" of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
5.32 TRANSITIONAL AGRICULTURE ZONE (TAG)
Page 30