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HomeMy WebLinkAboutOrd 1298 Dev Code Amendment Ord 1200 Refinement and Manufacture Home Chpt 11/ CITY OF REXBURG ORDINANCE NO. 1298 DEVELOPMENT CODE ORDINANCE 1200 AMENDMENTS AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO CHAPTERS: 1.02.020 READY TEAM CLARIFICATION; CHAPTER 2 DEFINITIONS – REMOVED AND MODIFIED DEFINITIONS PERTAINING TO DWELLINGS AND MANUFACTURED HOUSING; 3.02.070 ACCESSORY DISTANCES BETWEEN BUILDINGS; 3.02.100 SCREENING AND LANDSCAPING BUFFERS; 3.02.110 FENCING REQUIREMENTS ADMINISTRATIVE REVIEW AND APPROVAL; 3.02.170 SIDEWALKS IN RESIDENTIAL ZONES; 3.02.175 FLAGPOLE REQUIREMENTS; 4.0 PERMITTED USED IN ALL RESIDENTIAL ZONES; 4.03 TO 4.08 ALL LOT AREAS AND LOT CONFIGURATIONS; 5.02.020 PERMITTED USES IN TRANS AG ZONE; 5.02.030 PERMITTED ACCESSORY IN TRANS AG ZONE; 6.01.030 LOT AREA IN COMMUNITY BUSINESS CENTER ZONE; 7.00.050 BUILDING HEIGHT IN ALL INDUSTRIAL ZONES; 7.01.050 AND 7.02.050 YARD REQUIREMENTS IN LIGHT AND HEAVY INDUSTRIAL ZONES; 9.01.040 REDUCTION IN PARKING FOR DORMITORY IN THE PEDESTRIAN EMPHASIS DISTRICT OVERLAY; 10.03.010 PRE-APPLICATION PROCESS FOR SUBDIVISIONS; 10.03.070 REQUEST FOR MYLAR FOR SUBDIVISIONS; 10.6(A) SHORT PLAT CONDITIONS; 10.09.010 PLANNED UNIT DEVELOPMENT LOT DENSITY AND DENSITY BONUSES; 11.01.020 DEFINITIONS FOR MANUFACTURED HOMES; 11.2 MANUFACTURED HOME REQUIREMENTS; 11.3 MANUFACTURED HOUSING COMMUNITY; AND 11.4 MANUFACTURED HOUSING COMMUNITY HEALTH AND SANITATION REQUIREMENTS; ADDITION OF 3.02.175 FLAG POLE REQUIREMENTS; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; 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 Council of the City of Rexburg, in the State of Idaho, as follows: SECTION 1: AMENDMENT “1.02.020 Ready Team” of the Rexburg Development Code is hereby amended as follows: New businesses, new major developments, new developers to the City of Rexburg, and developers needing assistance with city administration and city processes may approach the Ready Team for informal advice and direction. Such discussion shall be treated as advisory by both parties. Objective. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values. Members. Members of the Ready Team shall be the Economic Developer, the Zoning Administrator, Building Official, Fire Official, Legal Counsel, the City Engineer, and others as requested. It is recommended that the applicant discuss the application informally with the Ready Team prior to formal submission to help expedite the process. Depending upon the size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the City for processing. SECTION 2: AMENDMENT “Definitions” of the Rexburg Development Code is hereby amended as follows: Dormitory: A building used as group living quarters. Such group living quarters are generally associated with a college, university, boarding school, orphanage, convent, monastery, farm labor camp, or other similar use. (See PED.) Drainage Plan: A drainage plan is required for all new construction. The plan shall be part of the required Infrastructure Plan and should identify drainage paths (with heights), perforated drainpipes around footings (as required), retaining and detaining basins (if used), slope away from foundations, injection wells (if used), gutters and catch basins (if used), pipe size and location (as applicable), and other drainage details as needed. For all projects except single- family homes, duplexes and twin homes, storm water run-off calculations are required as per the City Engineer Duplex: Definition Repealed. Dwelling: A building or portion thereof that provides living facilities for one or more families. Multi-family Dwelling: A residential building containing three or more dwelling units, including what is commonly known as an apartment buildings or condominiums. Single-family Dwelling: One or more rooms physically arranged to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Dwellings, Single-family Attached Dwellings, Single-family, Detached 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, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning, and electrical systems contained therein. Every section shall bear a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards (HUD), June 15,1976 (42 U.S.C. Sec. 5401). A manufactured home may be designed to be towed on its own chassis or be delivered to the site by other means. Manufactured Housing Community: A parcel of land under single ownership 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.) Modular Building: Definition Repealed Modular Home: Any home other than a manufactured home that is of closed construction that is prefabricated or assembled at a place other than the building site (I.C. 39-4301). Town Homes: Definition Repealed Twin Home: Definition Repealed SECTION 3: AMENDMENT “3.02.050 Clear View of Intersecting Streets; Sight Triangle” of the Rexburg Development Code is hereby amended as follows: 3.02.050 Clear View of Intersecting Streets; Sight Triangle To ensure reasonable visibility and safety in residential zones and other zones which require buildings to be set back from the lot line, the triangle of land formed on any corner lot by drawing a line between points on the lot lines which are thirty feet (30’) from the intersection of such lot lines shall be free from any sight obscuring structure or obstruction except as permitted below. (See Sight Triangle definition.) Trees in such triangles shall be trimmed to at least ten (10’) feet above the centerline grades of the intersecting streets. Shrubs, fences, and walls shall not be higher than three (3’) feet above the centerline grades of the intersecting streets. Exception: Mixed Use. SECTION 5: REPEAL “3.02.060 Distance Between Buildings” of the Rexburg Development Code is hereby repealed. SECTION 7: AMENDMENT “3.02.070 Accessory” of the Rexburg Development Code is hereby amended as follows: 3.02.070 Accessory Accessory structures are permitted in a zone, provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Permitted Accessory Uses. Such permitted accessory uses and structures include, but are not limited to the following: Residential. Accessory building such as garages, carports, equipment storage buildings, and supply storage buildings, which are customarily used in conjunction with and incidental to a principal use or structure, shall be permitted. Temporary Construction. Storage of materials used for construction of a building, including the contractor’s temporary office, provided that such use shall be permitted only during the construction period and thirty (30) days thereafter. -Other than Residential. Equipment storage buildings and supply storage buildings. Accessory Building Requirements. Accessory buildings shall: Have a building footprint and height less than the main dwelling. Comply with all lot coverage requirements in the existing zone. Comply with the Building Codes adopted by the City of Rexburg . Only be used for those accessory uses allowed in the respective zone. The accessory building shall have facilities for the discharge of all roof drainage on to the lot or parcel on which it is erected. Location. (See subsection 3.02.060.) Front Yard. Not be placed in the front yard. Side Yard. Meet the same side yard requirements as a principal building when the accessory building is: (Residential) larger than two hundred (200) square feet or taller than ten (10’) feet in height. (Commercial) larger than one-hundred-twenty (120) square feet or taller than ten (10’) feet in height. Rear Yard. Accessory building may be placed in any location in the rear yard, unless the accessory building is a garage with doors opening into a City-owned alley. Such garages shall be located at least fifteen (15’) feet from the alley. Accessory Building & Adjacent Lot. An accessory building shall be five (5’) feet or more from a lot line. Reduced Distances Between Buildings. Additional requirements may be needed for reduced distances between buildings per the Codes adopted by the City of Rexburg. Less Than 200 sq. ft. Accessory buildings smaller than two hundred (200) square feet may be placed up to the property line but shall not drain onto neighboring properties. SECTION 8: AMENDMENT “3.02.100 Screening and Landscaping” of the Rexburg Development Code is hereby amended as follows: 3.02.100 Screening and Landscaping The following are minimum standards. Additional landscaping elements may be allowed as per review by the Zoning Administrator or Designee. Screening and fences within the City shall be constructed and maintained in conformance with the following standards: Landscaping. Plant material size (minimum), at time of planting: Deciduous trees- Two (2”) inch caliper around the trunk of the tree Evergreen trees- Seven (7’) feet in height from root collar to top of tree crown Shrubs- Five (5) gallon containers Landscaping must be maintained as in its original design and purpose. Buffers. Buffers shall be separate from the city right-of-way and 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. (For commercial see subsection 3.04.060.5.c.) SECTION 9: AMENDMENT “3.02.110 Fencing Requirements” of the Rexburg Development Code is hereby amended as follows: 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) All fencing must obtain administrative review and approval by the Planning & Zoning department. Fence Types Not Permitted. Floodplain. No fence shall be constructed in the floodway without approval of the Planning and Zoning Commission. Barbed Wire/Electric. Barbed wire fences and electric fences shall not be erected or maintained unless approved by the Planning and Zoning Administrator. Except for agriculture use in Transitional Agriculture (TAG). Maintenance. Fences shall be maintained in a good state of repair. 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. (See Site Triangle 3.02.050 for lot lines adjacent to road intersections). Corner or Double-Frontage Lots. When a parcel is a Corner Lot or a Double Frontage Lot and the lot does not have access onto the same street through a front yard, a fence greater than three (3') feet can be located adjacent to the sidewalk, outside of the site triangle. 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. Dog Runs. Dog runs shall be placed in rear yards only and shall be at least ten (10’) feet from another residence. Building Permit. Fences over seven (7’) feet in height must obtain a building permit. Administrative approval shall be required. 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 lie 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. 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. 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.) Grade Differences. Where there is a difference in the grade of the properties on either 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. Pedestrian Gates. Pedestrian access gates shall swing inward when adjacent to a public sidewalk. (See subsection 3.02.170.) Fence Adjacent to Public Sidewalk. (See subsection 3.02.170.B.) Exceptions. 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. 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. All other exceptions must obtain Planning & Zoning Commission approval. SECTION 10: AMENDMENT “3.02.130 Project Plan Approval” of the Rexburg Development Code is hereby amended as follows: 3.02.130 Project Plan Approval All projects constructed in any zone must submit, prior to beginning construction: An Infrastructure Plan (including a Drainage and Landscape Plan) for review and approval by City of Rexburg Building Department. (See section 10.4.) Drainage on to an adjacent lot not owned by applicant is not allowed. Commercial Projects. All project plans and engineering specifications in the Community Business Center (CBC) Zone must be prepared and engineered by A/E professionals. These professional engineered plans will be submitted for review and approval from conception by the Development Review Committee. SECTION 11: AMENDMENT “3.02.170 Sidewalks” of the Rexburg Development Code is hereby amended as follows: 3.02.170 Sidewalks In all zones, all buildings erected, established, or rebuilt shall be required to place sidewalks at the location indicated in the current City Engineering Standards, where conditions permit. (See Appendix. B.) Exempt in Transitional Agriculture (TAG) and Rural Residential 1 (RR1). When a fence is placed adjacent to a public sidewalk in residential zones and no driveway access exists, a one (1') foot landscape strip shall be maintained between the standard sidewalk and the fence. Exempt in Mixed Use (MU). SECTION 12: ADOPTION “3.02.175 Flag Poles” of the Rexburg Development Code is hereby added as follows: 3.02.175 Flag Poles (Added) A. Flag poles that serve a non-advertising purpose are permitted, provided they can be erected without creating any safety issues. Residential. The flag pole shall not exceed the maximum allowed building height in the residential zone. Commercial. The flag pole shall not exceed eighty (80') feet. SECTION 13: AMENDMENT “4.01.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 4.01.020 Permitted Uses Permitted Principal Uses. The following principal uses and structures indicated as “P”, and no others, shall be permitted in the RR1 zone. The following uses and structures indicated as “CUP” may be permitted in the RR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. RURAL RESIDENTIAL 1  Resource Production Agriculture P   Residential Accessory Apartment CU P   Accessory Building P           Single-family Dwelling, Detached P  Group Housing Boarding Houses (Short-term Rental) (See subsection 3.02.160.) P   Care Facilities Assisted and Residential Care Facility CU P   Day Care Centers CU P   Group Home (Disabled & Elderly; under 8 residents) P  Place of Worship Churches, Synagogues and Temples CU P   Schools, public or private Nursery Schools CU P   Schools CU P   Outdoor Recreation Ice Skating CU P   Parks and Playgrounds, Skate Parks CU P   Pools CU P   Tennis Courts CU P   Accessory Home Business (See subsection 4.00.040.) CU P   Services Accessory Home Occupation (See subsection 4.00.040.) P   Cemeteries CU P   Utilities Communications CU P   Electricity Regulating Substations CU P   Utility and Public Facilities CU P   Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) 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. Animals. Household pets are allowed. No more than two (2) domestic livestock for each (1) acre shall be allowed. SECTION 14: ADOPTION “4.02.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 4.02.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the RR2 zone. The following uses and structures indicated as “CUP” may be permitted in the RR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. RURAL RESIDENTIAL 2         Accessory Accessory Apartment CUP    Accessory Building P    Detached Non-family Accessory Apartment for Profit CUP    Residential      Single-family Dwelling, Detached P    permitted in the LDR1 zone. The following uses and structures indicated as “CUP” may be permitted in the LDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. LOW DENSITY RESIDENTIAL 1  Residential Single-family Dwelling, Detached P  Accessory Accessory Building P  Group Housing Boarding Houses (Short-term Rental) (See subsection 3.02.160.) P   Care Facilities Group Home (Disabled & Elderly; under 8 residents) P   Hospitals CU P  Place of Worship Churches, Synagogues and Temples CU P  Schools, public or private Schools CU P   Outdoor Recreation Athletic Fields CU P   Golf Courses CU P   Parks and Playgrounds, Skate Parks CU P   Recreation Centers CU P   Services Accessory Home Business (See subsection 4.00.040.) CU P   Accessory Home Occupation (See subsection 4.00.040.) P   Utilities Communications CU P   Electricity Regulating Substations CU P   Utility and Public Facilities CU P  Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) 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. Animals. Only household pets are permitted. SECTION 16: REPEAL “4.03.030 Lot Area” of the Rexburg Development Code is hereby repealed: SECTION 17: AMENDMENT “4.03.070 Lot Configuration And Density” of the Rexburg Development Code is hereby amended as follows: 4.03.070 Lot Configuration And Density Not more than one (1) single-family dwelling shall be placed on a lot or parcel of land in the LDR1 zone. The maximum density is four (4) dwelling units per one (1) acre. Consolidation of density may be achieved through an approved Planned Unit Development or with designated open-space areas. SECTION 18: AMENDMENT “4.04.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 4.04.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LDR2 zone. The following uses and structures indicated as “CUP” may be permitted in the LDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. LOW DENSITY RESIDENTIAL 2   Residential Single-family Dwelling, Attached (except townhomes) P   Single-family Dwelling, Detached P  Accessory Accessory Building P  Group Housing Boarding Houses (Short-term Rental) (See subsection 3.02.160.) P   Care Facilities Assisted and Residential Care Facility CU P   Group Home (Disabled & Elderly; under 8 residents) P   Hospitals CU P  Place of Worship Churches, Synagogues and Temples CU P   Schools, public or private Nursery Schools CU P   Schools, public or private Nursery Schools CU P   Schools CU P   Outdoor Recreation Athletic Fields CU P   Golf Courses (w/Country Club) CU P   Ice Skating CU P   Parks and Playgrounds, Skate Parks CU P   Pools (Stand-Alone) CU P   Recreation Centers CU P   Tennis Courts CU P   Services Accessory Home Business (See subsection 4.00.040.) CU P   Accessory Home Occupation (See subsection 4.00.040.) P   Cemeteries CU P   Libraries CU P  Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) 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. Animals. Only household pets are permitted. SECTION 19: REPEAL “4.04.030 Lot Area” of the Rexburg Development Code is hereby repealed. SECTION 20: AMENDMENT “4.04.070 Lot Configuration Density” of the Rexburg Development Code is hereby amended as follows: 4.04.070 Lot Configuration and Density A. The maximum density is six (6) dwelling units per one (1) acre. 1. Consolidation of density may be achieved through an approved Planned Unit Development. SECTION 21: AMENDMENT “4.05.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 4.05.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LDR3 zone. The following uses and structures indicated as “CUP” may be permitted in the LDR3 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. LOW DENSITY RESIDENTIAL 3   Residential         Manufactured Housing Communities CU P   Single-family Dwelling, Detached P       Single-family Dwelling, Attached P  Accessory Accessory Building P  Group Housing Boarding Houses (Short-term Rental) (See subsection 3.02.160.) P   Care Facilities Assisted and Residential Care Facility CU P   Group Home (Disabled & Elderly; under 8 residents) P   Hospitals CU P  Place of Worship Churches, Synagogues and Temples CU P   Schools, public or private Nursery Schools CU P   Schools CU P   Outdoor Recreation Athletic Fields CU P   Golf Courses (w/Country Club) CU P   Outdoor Recreation Athletic Fields CU P   Golf Courses (w/Country Club) CU P   Ice Skating CU P       Parks and Playgrounds, Skate Parks CU P   Pools (Stand-Alone) CU P   Recreation Centers CU P   Tennis Courts CU P   Services Accessory Home Business (See subsection 4.00.040.) CU P   Accessory Home Occupation (See subsection 4.00.040.) P   Cemeteries CU P   Libraries CU P   Utilities Communications CU P   Electricity Regulating Substations CU P   Utility and Public Facilities CU P  Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) 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. Animals. Only household pets are permitted. SECTION 22: REPEAL “4.05.030 Lot Area” of the Rexburg Development Code is hereby repealed. SECTION 23: AMENDMENT “4.05.070 Lot Configuration Density” of the Rexburg Development Code is hereby amended as follows: 4.05.070 Lot Configuration and Density The maximum density is ten (10) dwelling units per one (1) acre. Consolidation of density may be achieved through an approved Planned Unit Development or designated open-space areas. SECTION 24: AMENDMENT “4.06.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 4.06.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the MDR1 zone. The following uses and structures indicated as “CUP” may be permitted in the MDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. MEDIUM DENSITY RESIDENTIAL 1   Single-family Dwelling, Attached (3 or more units) P  Accessory Accessory Building P   Group Housing  Bed and Breakfast Inn (Short-term Rental) (See subsection 3.02.160) P   Boarding Houses (Short-term Rental) (See subsection 3.02.160.) P    Dormitory, Fraternity, Sorority C U P   Multi-Family Dwellings P    Short-Term Rental (See subsection 3.02.160) P   Care Facilities  Assisted and Residential Care Facility C U P   Day Care Centers P   Group Home (Disabled & Elderly; under 8 residents) P    Hospitals C U P    Residential Facility for Elderly Persons (greater than 8 residents) C U P  Place of Worship  Churches, Synagogues and Temples C U P   Schools, public or private Nursery Schools P    Schools C U P   Outdoor Recreation  Athletic Fields C U P    Golf Courses (w/Country Club) C U P    Ice Skating C U P    Parks and Playgrounds, Skate Parks C U P       Pools C U P    Recreation Centers C U P    Tennis Courts C U P   Services  Accessory Home Business (See subsection 4.00.040.) C U P   Accessory Home Occupation (See subsection 4.00.040.) P    Cemeteries C U P    Libraries C U P   Transportation  Automobile Parking Lots and Garages (Separate) C U P   Utilities  Communications C U P    Electricity Regulating Substations C U P    Utility and Public Facilities C U P  Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) 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. Animals. Only household pets are permitted. SECTION 25: REPEAL “4.06.030 Lot Area” of the Rexburg Development Code is hereby repealed. SECTION 26: AMENDMENT “4.06.070 Lot Configuration and Density” of the Rexburg Development Code is hereby amended as follows: 4.06.070 Lot Configuration and Density A. The maximum density is fifteen (16) dwelling units per one (1) acre. 1. Consolidated density may be achieved through an approved Planned Unit Development (PUD) or designated open-space areas. SECTION 27: AMENDMENT “4.07.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 4.07.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the MDR2 zone. The following uses and structures indicated as “CUP” may be permitted in the MDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. MEDIUM DENSITY RESIDENTIAL 2   Single-family Dwelling, Attached (3 or more units) P  Accessory Accessory Building P   Group Housing Bed and Breakfast Inn (See subsection 3.02.160) P   Boarding Houses (Short-term Rental) (Short-term Rental) (See subsection 3.02.160) P   Dormitory, Fraternity, Sorority (up to 10 units/building) CU P   Multi-Family Dwellings P    Short-Term Rentals (See subsection 3.02.160) P   Care Facilities Assisted and Residential Care Facility CU P   Day Care Centers P   Group Home (Disabled & Elderly; under 8 residents) P   Hospitals CU P   Residential Facility for Elderly Persons (greater than 8 residents) CU P   Place of Worship Churches, Synagogues and Temples CU P   Schools, public or private Nursery Schools P   Schools CU P   Outdoor Recreation Athletic Fields CU P   Golf Courses (w/Country Club) CU P   Ice Skating CU P   Parks and Playgrounds, Skate Parks CU P   Pools CU P       Recreation Centers CU P   Tennis Courts CU P   Services Accessory Home Business (See subsection 4.00.040.) CU P   Accessory Home Occupation (See subsection 4.00.040.) P   Cemeteries CU P   Libraries CU P  Transportation Automobile Parking Lots and Garages (Separate) CU P   Utilities Communications CU P   Electricity Regulating Substations CU P   Utility and Public Facilities CU P  Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) 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. Animals. Only household pets are permitted. SECTION 28: REPEAL “4.07.030 Lot Area” of the Rexburg Development Code is hereby repealed. SECTION 29: AMENDMENT “4.07.070 Lot Configuration and Density” of the Rexburg Development Code is hereby amended as follows: 4.07.070 Lot Configuration and Density The maximum density is twenty (20) dwelling units per one (1) acre. Consolidated density may be achieved through an approved Planned Unit Development or designated open-space areas. SECTION 30: AMENDMENT “4.08.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 4.08.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the HDR1 zone. The following uses and structures indicated as “CUP” may be permitted in the HDR1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. HIGH DENSITY RESIDENTIAL 1  Accessory Accessory Building P   Group Housing Bed and Breakfast Inn (Short-term Rental) (See subsection 3.02.160) P   Boarding Houses (Short-term Rental) (See subsection 3.02.160) P   Dormitory, Fraternity, Sorority CU P   Multi-Family Dwellings P    Short-Term Rental (See subsection 3.02.160) P   Assisted and Residential Care Facility P   Day Care Centers P   Disabled Persons Residential Facility P      Care Facilities Group Home (Disabled & Elderly; under 8 residents) P   Hospitals CU P   SECTION 31: REPEAL “4.08.030 Lot Area” of the Rexburg Development Code is hereby repealed. SECTION 32: AMENDMENT “4.08.070 Lot Configuration and Density” of the Rexburg Development Code is hereby amended as follows: 4.08.070 Lot Configuration and Density The maximum density is thirty (30) dwelling units per one (1) acre. For Dormitory or Congregate Residential uses, regardless of actual number of dwellings, the density shall not exceed one-hundred-eighty (180) individuals per acre. PED. The Pedestrian Emphasis District (PED) density is regulated by the University, the adopted Building Code, and any requirements imposed as part of the required CUP. (See section 9.1.) SECTION 33: AMENDMENT “4.09.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 4.09.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the HDR2 zone. The following uses and structures indicated as “CUP” may be permitted in the HDR2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. HIGH DENSITY RESIDENTIAL 2  Accessory Accessory Building P   Group Housing  Bed and Breakfast Inn (Short-term Rental) Bed (See subsection 3.02.160) P   Boarding Houses (Short-term Rental) (See subsection 3.02.160) P   Dormitory, Fraternity, Sorority C UP   Multi-Family Dwellings P    Short-Term Rental (See subsection 3.02.160) P   Care Facilities Assisted and Residential Care Facility P   Day Care Centers P   Group Home (Disabled & Elderly; under 8 residents) P   Hospitals C UP   SECTION 34: AMENDMENT “4.09.070 Lot Configuration and Density” of the Rexburg Development Code is hereby amended as follows: 4.09.070 Lot Configuration and Density The maximum density is forty-two (42) units per one (1) acre. dwelling units shall not exceed forty-two (42) units per acre. For Dormitory or Congregate Residential uses, regardless of actual number of dwellings, the density shall not exceed two-hundred-fifty-two (252) individuals per acre. PED. The Pedestrian Emphasis District (PED) density is regulated by the University, the adopted Building Code, and any requirements imposed as part of the required CUP. (See section 9.1) SECTION 35: AMENDMENT “5.02.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows: 5.02.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the TAG zone. The following uses and structures indicated as “CUP” may be permitted in the TAG zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. TRANSITIONAL AGRICULTURE  Resource Production Agriculture P   Single-family Dwelling P  Group Housing Boarding Houses (See subsection 3.02.160.) P   Care Facilities Group Home (Disabled & Elderly; under 8 residents) P   Hospitals CUP  Places of Worship Churches, Synagogues and Temples CUP   Recreation Public buildings CUP   Stadiums, arenas, field houses CUP  Schools, public or private Schools CUP   Services Accessory Home Business (See subsection 4.00.040.) CUP   Accessory Home Occupation (See subsection 4.00.040.) P   Airports CUP   Animal Veterinarian Services (inside only) CUP   6.02.030 Single Ownership and Control Land within a given RBC zone shall be in single ownership or single control in order to provide for integrated development unless requested and approved by the Rexburg City Council. Single Ownership. The term, "single control", shall be construed to allow the recording of a Record of Survey. Consequence. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment of the RBC zone. Record of Survey before Building Permits. The Record of Survey must be approved and recorded prior to the issuance of any building permits and must be in compliance with all applicable sections of the Rexburg City Code and other Building Codes adopted by the City of Rexburg. SECTION 39: AMENDMENT “7.00.050 Building Height” of the Rexburg Development Code is hereby amended as follows: 7.00.050 Building Height A. The height of every building or structure hereafter designed, erected, or structurally altered or enlarged, shall conform to the requirements of the Building Code as adopted by Rexburg City, and shall not exceed fifty-five (55') feet in maximum height. 1. Additional height for a building or structure may be achieved through an approved Conditional Use Permit (CUP). SECTION 40: AMENDMENT “7.01.050 Yard Requirements” of the Rexburg Development Code is hereby amended as follows: 7.01.050 Yard Requirements The following minimum yard requirements shall apply in the LI zone: Front Yard. Each lot or parcel in the LI zone shall have a landscaped front yard of not less than ten (10’) feet from the right-of-way. Side and Rear Yard. No side and/or rear yard required unless adjacent to Residential or Commercial Zones. Adjacent to Residential. Buildings adjacent to residential shall have a minimum setback of twenty (20') feet or a setback of six (6") inches for every one (1') foot of building height, whichever is greater. Accessory Building. (See subsection 7.00.030.) SECTION 41: AMENDMENT “7.02.050 Yard Requirements” of the Rexburg Development Code is hereby amended as follows: 7.02.050 Yard Requirements (See subsection 3.02.070.) The following minimum yard requirements shall apply in the HI zone: Front Yard. Each lot or parcel of land in the HI zone shall have a landscaped front yard of at least ten (10’) feet from the right-of-way. Side Yard. No side yard requirement unless imposed by the Zoning Administrator to protect adjacent properties against the undesirable characteristics of a particular use; or as required by the Building Code adopted by the City of Rexburg. Side & Rear Yard Accessory Building. (See subsection 7.00.030.) Rear Yard. Where the rear property line abuts a commercial zone, the rear yard shall be the same as that required by the adjacent zone, or as determined by the Zoning Administrator to mitigate potential nuisances. Otherwise, no setback required. Adjacent to Residential. Buildings adjacent to residential shall have a minimum setback of twenty (20’) feet or a setback of six (6") inches for every one (1') foot of building height, whichever is greater. SECTION 42: AMENDMENT “9.01.040 Reduction in Parking for Dormitory” of the Rexburg Development Code is hereby amended as follows: 9.01.040 Reduction in Parking for Dormitory Parking requirements for housing units that are located within the Pedestrian Emphasis District (PED) (see attached boundaries or appendix of development code) may be reduced to 75% with a Parking Management Plan and subject to the following requirements and provisions: Parking Ratio. The parking ratio per student within the PED as identified on the attached exhibit map shall be reflective of a market demand as determined by the applicant or landowner but may in some cases be reduced to as little as seventy-five (75%) percent, including other parking that is required for guests and management. Dormitory The parking ration per bed as identified on the attached exhibit map may be reduced to seventy-five (75%) percent with a Parking Management Plan including other parking that is required for guests and management. Visitor Parking. Visitor Parking in the Pedestrian Emphasis District (PED) consists of the following: Space Size. Guest parking spaces shall be the City’s full-size parking space standard unless the Developer Option is exercised. (See subsection 3.04.040.) These spaces shall not be included in the parking contract required to be entered into. Signs. Guest parking shall be marked with signage that is clearly visible during all seasons of the year. Visitor Parking Ratio. One (1) vehicle parking space per ten (10) residents shall be provided for guest parking. SECTION 43: REPEAL “9.03.020 Definitions” of the Rexburg Development Code is hereby repealed. SECTION 44: AMENDMENT “10.01.030 Jurisdictions” of the Rexburg Development Code is hereby amended as follows: 10.01.030 Jurisdictions The regulations apply to the subdividing of all land within the city and include the following: Subdivision of land into three (3) or more parcels for the transfer of ownership or development. SECTION 45: AMENDMENT “10.03.010 Pre-Application” of the Rexburg Development Code is hereby amended as follows: 10.03.010 Pre-Application Before filing an application for a Plat, the Applicant will submit a concept drawing and any additional data to communicate intentions and plans and meet with the Ready Team. The Ready Team will communicate any pertinent information to the Applicant. (See subsection 1.02.020.) SECTION 46: ADOPTION “10.03.120 Plat Amendment (Reserved)” of the Rexburg Development Code is hereby added as follows: 10.03.120 Plat Amendment (Reserved)(Added) SECTION 47: AMENDMENT “10.6 Short Plat” of the Rexburg Development Code is hereby amended as follows: 10.6 Short Plat The process for a Short Plat will be the same as for a Plat as listed in Section 10.5 with the exception of application, Commission action, and Council action. City of Rexburg Staff will take the place of both the Planning and Zoning Commission and the City Council. Conditions. A Short Plat may be requested when all of the following conditions are met: The proposed subdivision divides a single lot into three (3) buildable lots and does not exceed five (5) buildable lots. Public improvements, street widening, or infrastructure improvements have been approved by the City Engineer No impacts on the health, safety or general welfare of the City of Rexburg The subdivision is in the best interest of the City of Rexburg SECTION 48: AMENDMENT “Lot Density” of the Rexburg Development Code is hereby amended as follows: Lot Density Determine Base Density. The maximum number of residential units allowed per developable acre in a PUD, which meets only the minimum development requirements of this Chapter, shall be calculated using the Lot Area Per Dwelling Requirement of the underlying zone: 1. SECTION 49: AMENDMENT “Density Bonuses” of the Rexburg Development Code is hereby amended as follows: Density Bonuses In no case shall the density bonus exceed the maximum density (per net developable acre NDA) allowed for the zone in which the development occurs according to the following chart: Zone Base Density Maximum Density  LDR1 4 Units/NDA 5 Units/NDA  LDR2 6 Units/NDA 8 Units/NDA  LDR3 10 Units/NDA 13 Units/NDA  MDR1 16 Units/NDA 22 Units/NDA  MDR2 20 Units/NDA 26 Units/NDA   Density Bonus Calculation. For applicants requesting a density greater than the base density, the Planning and Zoning Commission and City Council shall determine whether the applicant has complied with the necessary design components as provided in this Section and shall assign density points as applicable. The additional units per acre allowed above the base density for the PUD shall be determined by multiplying the total number of density bonus points by the density coefficient of the underlying zone. This figure is the additional number of units per acre allowed above the base density. This number when added to the base density will determine the total density per acre for the project; provided the number shall not exceed the maximum density allowed in the zone. (Example: The project is in an LDR1 zone and the design is awarded 75 bonus points. 75 x .01 = 0.75 additional units per acre. 0.75 + 4(base density) = 4.75 maximum units per acre for the development.) The density coefficient for each underlying zone and the total amount of points needed for the maximum density are listed below: Zone Density Coefficient Maximum Density Points  LDR1 0.01 100  LDR2 0.02 100  LDR3 0.03 100  MDR1 0.06 100  MDR2 0.06 100   SECTION 50: AMENDMENT “CHAPTER 11 MANUFACTURED/MOBILE HOMES” of the Rexburg Development Code is hereby amended as follows: CHAPTER 11 MANUFACTURED HOMES – All references to Manufactured/Mobile Homes shall be refered as Manufactured Homes. SECTION 51: AMENDMENT “11.01.020 Definitions” of the Rexburg Development Code is hereby amended as follows: 11.01.020 Definitions Redirecting all Definitions to be found in Chapter 2 of the Rexburg Development Code. SECTION 52: AMENDMENT “11.02.010 New Manufactured Housing Units” of the Rexburg Development Code is hereby amended as follows: 11.02.010 New Manufactured Housing Units A. New Manufactured Home Conditions. Roof. It shall have a non-glare, wood shake, or asphalt roof with a minimum slope of 3/12 and a minimum six (6") inch eaves. Exterior Siding. The home shall have exterior siding that is residential in character, including but not limited to clapboards or simulated clapboards such as conventional vinyl or metal siding or similar material. The siding shall not be composed of smooth, ribbed or corrugated metal or plastic panel. SECTION 53: AMENDMENT “11.02.030 Wheels” of the Rexburg Development Code is hereby amended as follows: 11.02.030 Wheels Removing the wheels of a Manufactured Home or setting the Manufactured Home on posts or footings shall not make the Manufactured Home exempt from the requirements of this Chapter. Mobilize. The wheels of the Manufactured Home may be removed, but axles, springs and other equipment needed to mobilize must remain. SECTION 54: AMENDMENT “11.02.040 Location” of the Rexburg Development Code is hereby amended as follows: 11.02.040 Location Manufactured housing units are only permitted in Manufactured Housing Communities with a Conditional Use Permit (CUP) in LDR3. Industrial Zones. Manufactured Homes used for residential quarters for watchmen or caretakers and located on the premises of an industrial establishment in any industrial zone shall be permitted. SECTION 55: AMENDMENT “11.3 MANUFACTURED/MOBILE HOME COMMUNITY” of the Rexburg Development Code is hereby amended as follows: 11.3 MANUFACTURED HOUSING COMMUNITY -All references to Manufactured/Mobile Home Community shall be referred as a Manufactured Housing Community. SECTION 56: AMENDMENT “11.03.030 Density Requirements” of the Rexburg Development Code is hereby amended as follows: 11.03.030 Density Requirements In no event shall the density exceed ten (10) manufactured homes per gross acre. Density requirements shall be established as the minimum square footage of gross site area for each Manufactured Home. Consolidation of density may only be achieved through an approved Planned Unit Development or designated open-space areas. Streets. If it is determined by the City of Rexburg staff that a street widening or terminating dedication is necessary, the amount of land dedicated shall be subtracted from the gross site area when calculating the proposed density. SECTION 57: AMENDMENT “11.03.050 Conditional Use Permit” of the Rexburg Development Code is hereby amended as follows: 11.03.050 Conditional Use Permit Application Submittal. Application. Applicant shall fill out an application for a Conditional Use Permit to construct a new Manufactured Housing Community or to expand an existing Manufactured Housing Community. Infrastructure Plan. One (1) digital copy of the Infrastructure Plan of the proposed community in .pdf AutoCAD format shall be submitted with the application containing the following information: Water & Wastewater. Location and details of the proposed water and wastewater systems for the Manufactured Home Community. Water and Wastewater systems designed and signed by an Idaho registered engineer. The detailed plans shall show how connections are to be provided to each pad and how the water and sewer connections will be protected from freezing. Repealed A(4) Maintenance procedures. Repealed B. Commission Hearing. SECTION 58: AMENDMENT “11.03.080 Electricity” of the Rexburg Development Code is hereby amended as follows: Electricity Compliance All electrical must meet the Electrical Code as adopted by the City of Rexburg. Lights. All driveways, access ways, and walkways within the Manufactured Housing Community shall be lighted at night (from one hour after sundown to one hour before sun up), each spaced at intervals of not more than one-hundred (100’) feet. SECTION 59: AMENDMENT “11.03.090 Improvement Requirements” of the Rexburg Development Code is hereby amended as follows: 11.03.090 Improvement Requirements (Reserved) SECTION 60: AMENDMENT “11.03.100 Land Area” of the Rexburg Development Code is hereby amended as follows: 11.03.100 Land Area The minimum area of any Manufactured Housing Community is four (4) acres. SECTION 61: AMENDMENT “11.03.120 Setbacks” of the Rexburg Development Code is hereby amended as follows: 11.03.120 Setbacks The following minimum yard requirements shall apply in a Manufactured Housing Community: A. Public Street Frontage. The Manufactured Housing Community shall have a minimum front yard of at least twenty (20’) feet from right-of-way. B. Side and Rear Yard. The minimum depth of a side and rear yard shall be fifteen (15’) feet. SECTION 62: AMENDMENT “11.03.150 Walkways” of the Rexburg Development Code is hereby amended as follows: 11.03.150 Walkways Walkways shall be provided from each Manufactured Home space to the service building and recreational area or areas, and from the patio to the access way. Common. Common walkways shall have a minimum width of five (5’) feet Private. Private walkways shall have a minimum width of two (2’) feet. SECTION 63: AMENDMENT “11.03.070 Buffering” of the Rexburg Development Code is hereby amended as follows: 11.03.070 Buffering A sight-obscuring fence or wall of not less than six (6’) feet nor more than eight (8’) feet in height, and/or evergreen planting of not less than six (6’) feet in height, shall surround the Manufactured Home Community. A. Other considerations such as berms, deciduous bushes, or other landscaping options may be allowed as approved by the City of Rexburg Design Review Committee. SECTION 64: REPEALER CLAUSE Providing for other substantive and non-substantive changes in the Development Code as recommended and approved by the Planning and Zoning Commission of the City of Rexburg, Idaho. Furthermore, any portion of the existing Development Code in conflict with this proposed amendment is hereby repealed. SECTION 65: SEVERABILITY CLAUSE The provisions of this Ordinance shall be deemed severable and a finding by a court of law that a provision of the Ordinance is unlawful shall have no effect on the remaining provisions. SECTION 66: EFFECTIVE DATE The City of Rexburg, Idaho City Council shall enact this Ordinance (#22-00299) amending Ordinance 1200 otherwise known as the Development Code of the City of Rexburg, Idaho upon its passage, approval and publication; and shall be in full force and effect from March xx, 2023 and after the required approval and publication according to law. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this ___ day of March 2023. ___________________________ Jerry Merrill, Mayor (SEAL) ATTEST: ___________________________ Deborah Lovejoy, City Clerk 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; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO CHAPTERS: 1.02.020 READY TEAM CLARIFICATION; CHAPTER 2 DEFINITIONS – REMOVED AND MODIFIED DEFINITIONS PERTAINING TO DWELLINGS AND MANUFACTURED HOUSING; 3.02.070 ACCESSORY DISTANCES BETWEEN BUILDINGS; 3.02.100 SCREENING AND LANDSCAPING BUFFERS; 3.02.110 FENCING REQUIREMENTS ADMINISTRATIVE REVIEW AND APPROVAL; 3.02.170 SIDEWALKS IN RESIDENTIAL ZONES; 3.02.175 FLAGPOLE REQUIREMENTS; 4.0 PERMITTED USED IN ALL RESIDENTIAL ZONES; 4.03 TO 4.08 ALL LOT AREAS AND LOT CONFIGURATIONS; 5.02.020 PERMITTED USES IN TRANS AG ZONE; 5.02.030 PERMITTED ACCESSORY IN TRANS AG ZONE; 6.01.030 LOT AREA IN COMMUNITY BUSINESS CENTER ZONE; 7.00.050 BUILDING HEIGHT IN ALL INDUSTRIAL ZONES; 7.01.050 AND 7.02.050 YARD REQUIREMENTS IN LIGHT AND HEAVY INDUSTRIAL ZONES; 9.01.040 REDUCTION IN PARKING FOR DORMITORY IN THE PEDESTRIAN EMPHASIS DISTRICT OVERLAY; 10.03.010 PRE-APPLICATION PROCESS FOR SUBDIVISIONS; 10.03.070 REQUEST FOR MYLAR FOR SUBDIVISIONS; 10.6(A) SHORT PLAT CONDITIONS; 10.09.010 PLANNED UNIT DEVELOPMENT LOT DENSITY AND DENSITY BONUSES; 11.01.020 DEFINITIONS FOR MANUFACTURED HOMES; 11.2 MANUFACTURED HOME REQUIREMENTS; 11.3 MANUFACTURED HOUSING COMMUNITY; AND 11.4 MANUFACTURED HOUSING COMMUNITY HEALTH AND SANITATION REQUIREMENTS; ADDITION OF 3.02.175 FLAG POLE REQUIREMENTS; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. PASSED BY THE CITY COCUNCIL AND APPROVED BY THE MAYOR this ___ day of March 2023. _________________________________ Deborah Lovejoy, City Clerk (SEAL)