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HomeMy WebLinkAboutDraft_Ord_1298 Chapter 3 Standards for All Zones - April 2023Page 1 SECTION 1: A MEND MEN T “3.02.050 Clear View O f Intersecting Streets; Sight Triangle” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.02.050 Clear View O f Intersecting Streets; Sight Triangle For the purpose of ensuring To ensure reasonable visibility and safety in residential zones and other zones which require buildings to be set back from the property lot line, the triangle of land formed on any corner lot by draw ing 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.) A.Trees in such triangles shall be trimmed to at least ten (10’) feet above the centerline grades of the intersecting streets. B.Shrubs, fences, and walls shall not be higher than three (3’) feet above the centerline grades of the intersecting streets. C.Exception: Mixed U se and Central B usiness District. SECTION 2: A MEND MEN T “3.02.060 Distance B etw een Buildings” of the R exburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.060 Distance B etw een Buildings A.Single-family D welling & A ccessory Building. The distance between any accessory building and a single-family dw elling on the same lot shall not be less than six (6’) feet as specified in the IRC building code. B.Accessory Building & Commercial Building and Greater T han Single-family, Residential Dw elling. The distance betw een an accessory building and a commercial main building or an accessory building and a dwelling w hich contains more than one single family on the same lot shall not be less than ten (10’) feet as specified in the IBC building code. C.Accessory Building & Adjacent Lot in Residential. A n accessory building shall be more than six (6’) feet away from any building structure on any adjacent lot lying within a residential zone. D.Dw ellings on the Same Lot. The distance betw een buildings containing dwellings on the same lot shall not be less than ten (10’) feet. E.The Building Code may require a greater distance betw een buildings. F.Exception: U nless approved as townhomes. Page 2 SECTION 3: A MEND MEN T “3.02.070 Accessory” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.02.070 Accessory A ccessory 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. A.Permitted Accessory Uses. Such permitted accessory uses and structures include, but are not limited to the follow ing: 1.R esidential. Accessory building such as garages, carports, equipment storage buildings, and supply storage buildings, w hich are customarily used in conjunction w ith and incidental to a principal use or structure, shall be permitted. 2.Temporary C onstruction. 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. 3.C ommercial and Other Zones Only. Other than R esidential. Equipment storage buildings and supply storage buildings. B.Accessory Building Requirements. A ccessory buildings shall: 1.H ave a building footprint and height less than the main dw elling. 2.Comply w ith all lot coverage requirements in the existing zone. 3.Comply w ith the latest and most current B uilding Codes adopted by the C ity of Rexburg, ID . 4.O nly be used for those accessory uses allowed in the respective zone. 5.The accessory building shall have facilities for the discharge of all roof drainage on to the lot or parcel on w hich it is erected. 6.Location. (See subsection 3.02.060.) a.Front Yard. N ot be placed in the front yard. b.Side Yard. Meet the same side yard requirements as a principal building when the accessory building is: (1)(R esidential) larger than two hundred (200) square feet or taller than ten (10’) feet in height. (2)(C ommercial) larger than one-hundred-tw enty (120) square feet or taller than ten (10’) feet in height. c.Rear Yard. Accessory building may be placed in any location in the rear yard, unless the accessory building is a garage w ith doors opening into a City-owned alley. Such garages shall be located at least fifteen (15’) feet from the alley. d..A ccessory Building & A djacent Lot. A n accessory building shall Page 3 be five (5') feet or more from a lot line. (1)R educed D istances Between Buildings. Additional requirements may be needed for reduced distances between buildings per the Codes adopted by the City of Rexburg (2)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. 7.A ccessory Building Size. a.Adjacent to R esidential U se or Z one. If adjacent to a residential use or zone, the accessory building shall not exceed ten (10’) feet in height, nor tw o-hundred (200) square feet. b.If not adjacent to residential use or zone. If not adjacent to a residential use or zone, larger accessory buildings shall be allowed and shall meet the standard rear yard setback for principal buildings in the zone. 8.Building Permit. A building permit is required w hen the accessory building is larger than two-hundred (200) square feet for single-family, residential, building uses and one-hundred-twenty (120) square feet for commercial buildings and dw ellings greater than a single family. C.Exception: U niversity D istrict (U D ) SECTION 4: A MEND MEN T “3.02.100 Screening A nd Landscaping” of the R exburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.100 Screening A nd Landscaping The following are minimum standards. A dditional landscaping elements may be allowed as per review by the Zoning Administrator or D esignee. Screening and fences w ithin the City shall be constructed and maintained in conformance w ith the follow ing standards: A.Landscaping. Plant material size (minimum), at time of planting: 1.D eciduous trees- Tw o (2”) inch caliper around the trunk of the tree 2.Evergreen trees- Seven (7’) feet in height from root collar to top of tree crow n 3.Shrubs- Five (5) gallon containers 4.Landscaping must be maintained as in its original design and purpose. B.Buffers. B uffers shall be separate from the city right-of-way and consist of a minimum five (5') feet wide landscape strip to be planted w ith ground cover, one (1) deciduous tree and five (5) shrubs, per thirty (30') lineal feet. (For com mercial see subsection 3.04.060.5.c.) C.Landscape Strip. In all zones, the area between the curb and gutter and the sidew alk is to be landscaped, per Rexburg Engineering Street C ross Sections, by the adjacent Page 4 property ow ner. 1.Landscaping shall be maintained by the adjacent property ow ner. 2.Columnar trees shall not be in the landscape strip D.Parking A reas. (See subsection 3.04.060.A.) E.Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential zones, or undeveloped land show n as a residential use on the Comprehensive Plan, there shall be provided along the abutting property line, a yard equal in width to that required in the residential zone. 1.The yard shall be planted with a combination of trees, low shrubs, and ground cover, and/or a suitable fence otherwise in compliance w ith this ordinance of sufficient height and density to screen the two parcels, as specified by the Planning and Zoning Commission. F.High D ensity R esidential U ses. 1.Where a lot in the HD R1 or HRD2 district adjoins a lot (not a right-of-w ay) in the LD R or MDR zones or unincorporated and designated as single-family on the C omprehensive Plan map, a five (5’) feet w ide landscaped buffer shall be provided on said property line. (See A of this subsection for tree and bush sizes.) 2.When a public street is located betw een the front lot line of the H D R zone and a single-family zone, a landscaped buffer seven (7’) feet wide or as required for front yard setbacks, w hichever is greater, shall be constructed and maintained on the front lot line. G.Highw ay 20 C orridor. A ll development adjacent to the Highway 20 right-of-way must submit an Infrastructure Plan to the Zoning A dministrator or designee to be approved for design prior to obtaining a building permit. 1.Landscape B uffer. Parcels directly adjacent to the H ighw ay 20 right-of-way must have buildings buffered with deciduous two (2”) inch caliper trees at twenty (20’) feet spacing and tw o (2) shrubs betw een trees. 2.C ommercial D esign Standards. B uilding facades adjacent to H ighw ay 20 right-of-way which meet the requirements of commercial design standards (including “eyes to the street” requirements) found in section 7.0 may reduce buffering to deciduous tw o (2”) inch caliper trees at fifty (50’) feet spacing and eight (8) shrubs between trees. 3.Setback. A minimum setback of tw enty-five (25’) feet is required from any building to the H ighw ay 20 right-of-w ay or a one-to-one setback to height requirement, whichever is greater. 4.Landscaping must be maintained. H.Open Storage A rea. O pen storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped strip at least seven (7’) feet in width with plantings that hide the open storage (as approved by the Zoning Administrator or designee). 1.N o front yard storage. Open storage shall not be located w ithin a required front yard. I.Utility yards. When utility yards are in zones other than Industrial or adjacent to any residential zone or commercial zone, then screening is required. Page 5 1.The screening required shall consist of a seven (7’) foot tall decorative masonry wall or otherwise approved privacy fence by the Zoning A dministrator that is set back from the right-of-w ay seven (7’) feet and at the property line when not adjacent to the right-of-w ay. a.Maintenance. The area between the right-of-way and the wall shall be landscaped w ith decorative rock and shall be kept free of w eeds. (1)The area betw een the right-of-w ay and the w all shall be planted with one tw o (2”) inch caliper deciduous tree and five 5-gallon bushes every thirty (30’) feet. (2)Trees and bushes required by this section shall be irrigated w ith a water drip system. 2.Water tanks are not required to be screened. 3.Pumps and other equipment associated w ith w ater tanks will be in below - grade vaults, in buildings or shall be screened as utility yards. SECTION 5: A MEND MEN T “3.02.110 Fencing Requirements” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.110 Fencing Requirements N o w all, fence, screen, or opaque hedge or screening material shall be maintained w ithin a required front yard, or an area w hich would tend to inhibit a safe sight distance of traffic traveling upon a public street, or entering into the public street from a private drivew ay or alley, or pedestrian public w ay. (See Sight Triangle definition in Chapter 2) A.All fencing must obtain administrative review and approval by the Planning & Zoning department. B.Fence Types Not Permitted. 1.Floodplain. N o fence shall be constructed in the floodw ay w ithout approval of the Planning and Zoning Commission. 2.Barbed Wire/Electric. Barbed wire fences and electric fences shall not be erected or maintained unless approved by the Planning and Zoning Commission Administrator. a.Except for agriculture use in Transitional A griculture (TA G ) C.Maintenance. Fences shall be maintained in a good state of repair. D.Fence Height. The height of any fence, wall, or sight-obscuring objects within fifteen (15’) feet of the right-of-w ay shall be a maximum of three (3’) feet in height measured from the natural grade of the property on w hich it is located. 1.Fences w ithin 15' of the right-of-w ay w ould be allowed betw een three (3’) to six (6’) feet high if constructed out of rigid materials and approved by the Zoning Administrator or designee w ith fifty (50%) percent or more see- Page 6 through per lineal foot outside of the sight triangle. (See Site Triangle 3.02.050 for lot lines adjacent to road intersections). E.Corner or D ouble Frontage Lots. When a parcel is a Corner Lot or a D ouble 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. F.Rear Yard. In a rear yard, w alls and fences may be betw een three and six feet (3’-6’). A fence may be built along the property line in a rear yard. 1.D og R uns. Dog runs shall be placed in rear yards only and shall be at least ten (10’) feet from another residence. 2.Building Permit. Fences over seven (7’) feet in height must obtain a building permit. a.Height Limit. Fences shall not be greater in height than eight (8’) feet. Administrative approval shall be required. G.Commercial Adjacent to R esidential. A vinyl or masonry fence of at least six (6’) feet in height shall be erected along all property lines which lie adjacent to a residential zone or use, except front yards, w here the height of the fence shall not exceed thirty- six (36”) inches within fifteen (15’) feet of the right-of-w ay. 1.In the case w here there is mutual agreement between the property ow ners of the commercial zone and the adjacent residential zone, the Planning and Zoning Commission shall give considerable w eight to the w ishes of the parties involved. H.Schools, C hurches, U niversities, C olleges, Hospitals, N ursing Homes, C ity and County. The height, location and placement of fences by the foregoing entities may be altered, subject to prior written approval of the Zoning A dministrator. H owever, sight triangles at any intersection must be maintained pursuant to Section 3.02.050. of this O rdinance. (See Sight Triangle definition.) I.Grade Differences. Where there is a difference in the grade of the properties on either side of a fence, w all or other similar structure, the height of the fence shall be measured from the natural grade of the property upon w hich it is located. J.Pedestrian Gates. Pedestrian access gates shall swing inward w hen adjacent to a public sidew alks. (See subsection 3.02.170.) K.Fence A djacent to Public Sidewalk. (See subsection 3.02.170.B.) L.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 R exburg City Code or other City Ordinances. 2.R etaining Walls. Where a retaining w all protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that w ould otherwise be permitted at the location if no retaining w all existed only after approval by the Zoning A dministrator. 3.A ll other exceptions must obtain Planning & Zoning C ommission approval. Page 7 SECTION 6: A MEND MEN T “3.02.130 Project Plan Approval” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.130 Project Plan Approval A ll projects constructed in any zone must submit, prior to beginning construction: A.An Infrastructure Plan (including a Drainage and Landscape Plan) for review and approval by City of Rexburg B uilding D epartment. (See section 10.4.) 1.D rainage on to an adjacent lot not ow ned by applicant is not allow ed. B.Commercial Projects. All project plans and engineering specifications in the Community Business C enter (CBC) Zone must be prepared and engineered by A /E professionals. These professional engineered plans w ill be submitted for review and approval from conception by the D evelopment R eview Committee. SECTION 7: A MEND MEN T “3.02.170 Sidew alks” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.02.170 Sidew alks A.In all zones, all buildings erected, established, or rebuilt shall be required to place sidew alks at the location indicated in the current C ity Engineering Standards, where conditions permit. (See Appendix.B.) 1.Exempt in Transitional Agriculture (TAG ) and Rural R esidential 1 (RR1). B.When a fence is placed adjacent to a public sidew alk in residential zones and no driveway access exists, a one (1') foot landscape strip shall be maintained betw een the standard sidew alk and the fence. 1.Exempt in Mixed Use (MU) SECTION 8: A DOPTION “3.02.175 Flag Poles” of the Rexburg D evelopment Code is hereby added as follow s: Page 8 A D O P T I O N 3.02.175 Flag Poles(Added) A.Flag poles that serve a non-advertising purpose are permitted, provided they can be erected w ithout creating any safety issues. 1.R esidential. The flag pole shall not exceed the maximum allow ed building height in the residential zone 2.C ommercial. The flag pole shall not exceed eighty (80') feet.