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HomeMy WebLinkAboutDraft_Ord_1298 Section Definitions - April 2023Page 1 SECTION 1: A MEND MEN T “C” of the R exburg D evelopment Code is hereby am ended as follows: A M E N D M E N T C C abana: A stationary, lightw eight structure w hich may be prefabricated or demountable, with two or more w alls, used adjacently to and in conjunction w ith a manufactured/mobile home. C ampground: A n area or tract of land on w hich accommodations for temporary occupancy are located or may be located, including cabins, tents, and major recreational vehicles or equipment, and w hich is used primarily for recreational purposes and retains an open air or natural character. C arport: A stationary structure consisting of a roof w ith its supports and not more than one w all used for sheltering a motor vehicle. C ar Wash: An area of land and/or a structure with a machine or hand-operated facility used principally for the cleaning, w ashing, polishing, or waxing of motor vehicles. Child C are Facility: (See D aycare C enters.) C ity: City of Rexburg City Clerk: The Clerk of the City C ity Engineer: A n Idaho registered, professional engineer designated by the City to represent the C ity’s engineering interests. C ity Engineering Standards: R efers to the most recent C ity of R exburg Engineering Standards adopted by resolution of the City Council. City Engineering Standards may include standard drawings, standard specifications, supplemental conditions, and any additions, amendments, or addenda established by the City Engineer. (See City Engineering Standards.) C ity Impact A rea: That unincorporated area contiguous to the Rexburg City Limits officially adopted as the “A rea of CIty Impact.” City Staff: When the term Staff or City Staff are used in this document the persons identified as such shall be the Zoning Administrator, the Public Works D irector, the City Engineer, the Economic Development D irector, the G IS D irector and the City A ttorney. C ommercial C luster, Substantial: A group of commercial businesses that include a grocery store, restaurant, and bank as a minimum, along w ith other various retail and services. The buildings that comprise the cluster shall be w ithin a three (3) block area. C ommercial Structures, L arge Scale: Structures that are tw enty-five-thousand (25,000) square feet in size and larger. This includes commercial retail and business office buildings. Page 2 C ommission: The Rexburg City Planning and Zoning Commission hereinafter referred to as Commission. C ommon Area: That area which is held in common ow nership by ow ners of land w ithin the platted area. Comprehensive Plan: The Comprehensive Plan for the City of Rexburg, or parts thereof, projecting future grow th and development and for the general location and coordination of streets and highw ays, schools and recreation areas, public building sites and other facilities, which shall have been duly adopted. This plan shall comply w ith the Idaho C ode as adopted or amended. (See Com prehensive Plan.) C onditional A pproval: An affirmative action by the C ommission indicating the approval is given subject to certain specified stipulations. C onditional U se Permit: A special use permit as provided for by Idaho Section 67-6512 in w hich a use that, ow ing to some special characteristics such as traffic or noise generation, parking needs, access, building size, lighting, consistency w ith developed uses in the area, or other characteristics of operation, is permitted in certain districts subject to approval by the Planning and Zoning C ommission or the City Council, subject to terms and conditions, depending upon the particular use. C ondominium: An estate consisting of an individual interest in real property, associated with an undivided interest, held in common w ith others, in a Common A rea of real property. A multi-family dwelling w here the units can be sold individually, but the building/structure and common areas remain under a single ow nership. C onvenience Store: A ny retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross square floor area of less than five-thousand (5,000) square feet. C opy: A ny combination of letters or numbers that are intended to inform, direct or otherwise transmit information. C ouncil: The Rexburg C ity Council hereinafter referred to as the C ouncil. C ounty C ommission: The Madison County B oard of Commissioners. County Engineer: An Idaho Registered Professional Engineer or consulting Engineering firm designated by the County Commission to represent the C ounty’s engineering interests. SECTION 2: A MEND MEN T “D ” of the R exburg Development Code is hereby am ended as follows: A M E N D M E N T D Page 3 D aycare C enters: A building or structure w here care, protection, and supervision are provided on a regular schedule, at least three times a week for seven (7) or more children. (See subsection 4.00.040 Hom e O ccupations.) Dedication: The setting apart of land or interest in land for use by the public. Land becomes dedicated w hen accepted as a public dedication either by ordinance, resolution, or entry in the official minutes of the City or by the recording of a plat show ing such dedication. Density: The number of dw elling units per acre, excluding required public rights-of-w ay from acreage determination. D .E.Q: The State of Idaho D ivision of Environmental Quality D esign Standards: Statements and graphics intended to direct the planning and development of the built environment in a particular manner or style so that the end result contributes positively to the overall development. Development: Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term “development” does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the ow ner thereof pursuant to law ful rights and obligations. (Idaho Code 46-1021) D evelopment R eview Committee: The Development Review Committee consists of the Zoning Administrator, G .I.S. Department H ead, City Engineer, Fire D epartment Inspector, and Building Administrator or their designees. D ormitory: 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 .) Dormitory housing must be sprinkled as per the building code. For determining density, the total number of residents w ill be divided by six (6) for each dw elling unit counted. D own-lighting: Fully shielded light that is directed in such a manner as to shine light rays only below the horizontal plane. D rainage 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 (w ith heights), perforated drain pipes around footings (as required), retaining and detaining basins (if used), slope aw ay from foundations, injection w ells (if used), gutters and catch basins (if used), pipe size and location (as applicable), and other drainage details as needed. For all but single family home projects (including duplexes and twin homes) projects except single-family homes, duplexes and tw inhomes, storm w ater run- off calculations are required as per the City Engineer. Drivew ay: A driveway is a vehicular ingress and egress route that serves no more than five (5) single-family dw ellings, not including accessory structures. Duplex: A residential structure separated into two (2) independent living units with a common ow ner and a shared yard. Tw o (2) homes in one structure with one (1) lot underneath. (See Dwellings, Single-family Attached) Dw elling: A building or portion thereof that provides living facilities for one or more families. A.Multi-family Dw elling: A detached residential building containing three or more dwelling units, w here the building is ow ned by a single owner. This includes including Page 4 what is commonly known as an apartment buildings or condominiums. B.Single-family D welling: O ne or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. 1.D wellings, Single-family D etached: A dw elling that is not attached to any other dwelling. 2.D wellings, Single-family A ttached: Tw o (2) or more dw elling units w hich may share a common wall or ceiling/floor. These structures are also considered to be tow nhouses. a.Tw inhome: Shared w all betw een tw o (2) dw elling units where each unit may ow n the land they are built upon. b.Tow nhomes: Shared w alls betw een three (3) or more dwelling units. c.Duplex: Shared ceiling/floor betw een two (2) dw elling units w hich may not be individually ow ned. SECTION 3: A MEND MEN T “F” of the Rexburg D evelopment Code is hereby am ended as follows: A M E N D M E N T F F.A.A.: Federal Aviation Administration. Facade: Portions of a building that are visible from private or public roads and walkways but not including alleys. Family: A group of one or more persons occupying a dw elling unit and living as a single, nonprofit housekeeping unit, provided that at least one of the follow ing situations exist: A.At least one of the group is related to all of the other members of the group w ithin the third degree of kinship; B.The group is divisible into tw o subgroups, each composed of at least one person w ho is related to all other members of the subgroup within the third degree of kinship; or C.All such persons are handicapped persons as defined by the I.C. Section 67-6531 or in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act Am endm ents of 1988, or any subsequent amendments to the foregoing regulations. F.C.C.: Federal Communications C ommission. Feedlot: A ny area w here one-thousand (1,000) head or more of livestock are confined for a period of one (1) year or more. Fence: A ny tangible barrier, lattice w ork, screen, w all, hedge, or continuous grow th of shrubs or trees with the purpose of, or having the effect of preventing passage or view across the fence line. A ny fence, w alk screen hedge or other material serving as a fence, shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the Rexburg City Engineer. Page 5 Fenestration: The arrangement of w indow s in a building to provide interior light; also used as decorative elements in a facade. Fire Station: A building or portion of a building that provides, at a minimum, all w eather protection for fire apparatus. Temperatures inside the building used for this purpose must be maintained at above thirty-two (32°) degrees Fahrenheit. Flagpole: a structure used for the sole purpose of displaying flags. Flood Light: A lamp that produces up to one thousand, eight hundred (1,800) lumens and is designed to flood a well-defined area w ith light. Flood Plain: Those areas designated as Zone A or A E as show n on the current Flood Insurance R ate Map (FIRM) as prepared by N ational Flood Insurance Program. A.Area of Shallow Flooding: The base flood depths range from one to three (1-3) feet; where a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. A O characterized as sheet flow and A G indicates pounding on the FIRM map. B.Area of Special Flood Hazard, Base Flood or 100-Year Flood: The land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given year. D esignation on maps alw ays includes the letter A. C.Base Flood Elevation: (BFE)" the computed elevation to w hich flood w ater is anticipated to rise during the “Base Flood.” The Base Flood Elevation (B FE) is depicted on the FIR M to the nearest foot and in the FIS to the nearest 0.1 foot. D.Channel: A natural or artificial w atercourse of perceptible extent, w ith definite bed and banks to confine and conduct continuously or periodically flow ing w ater. E.Flood: The temporary inundation of land by overflow from a river, stream, lake, or other body of standing w ater. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal w aters and/or the unusual and rapid accumulation of runoff or surface w aters from any source. F.Flood Insurance R ate Map (FIRM): The official map on w hich the Federal Insurance A dministration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. G.Flood Insurance Study: The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodw ay Map, and the water surface elevation of the base flood. H.Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood w ithout cumulatively increasing the w ater surface elevation more than one (1’) foot at any point. I.Floodway Fringe: The part of the flood plain which is beyond the flood way encroachment lines limiting a designated flood way. Such areas w ill include those portions of the flood plain which w ill be inundated but w hich may be developed for use under land use regulations w ithout material effect upon the flood w ater carrying capacity of the flood w ay and the flood w ater levels. Such areas are characterized by shallow flood depths and low velocities of water flow. Page 6 J.Flood Protection Elevation (FPE ): A s defined in Idaho Code §46-1021 (7), an elevation that shall correspond to the elevation of the one percent (1%) percent chance annual flood B FE, plus any increased flood elevation due to floodway encroachment, plus any required freeboard. The flood protection elevation for Rexburg, Idaho is equal to BFE plus one foot (1’) foot of freeboard; the freeboard accounts for any flood elevation increases due to floodway encroachment as shown in the community’s Flood Insurance Study. Floor A rea, Gross: The sum of the areas of all floors of a building, including any area used for human occupancy in the basements and attics, as measured from the exterior faces of the w alls. Floor, Low est: The low est floor of the low est enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non elevation design requirements of this Ordinance. Foot-candle (fc): The A merican unit used to measure the total amount of light cast on a surface. For example, a full moon produces 0.01 foot-candles. Foot-candles are measured w ith a light meter. Footprint: The area covered by the enclosed area of the structure if perpendicular planes were extended from all portions of the structure to the ground. Frontage: The length of any one property line of a premise, w hich property line abuts a legally accessible street right-of-w ay including streets and alleys. To constitute frontage, the street or alley must provide access to abutting properties. For purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered front yards and yards shall be provided as indicated under “yards” in this definition section. Fully shielded: The luminaire and its mounting, taken as a whole, allow ing no direct light above the horizontal. SECTION 4: A MEND MEN T “T-U ” of the Rexburg D evelopment Code is hereby am ended as follows: A M E N D M E N T T-U Page 7 Temporary U se: A prospective use, intended for a limited duration, generally six (6) months or less, to be located in a zoning district not permitting such use and not continuing such use or building. Tow er: A ny structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice tow ers, guyed towers, or monopole tow ers. The term includes radio and television transmission tow ers, microw ave tow ers, common-carrier towers, cellular telephone tow ers, alternative tower structures, and the like. The term includes the structure and any support thereto. This term excludes those used exclusively for dispatch communications. Tow n Homes: Town Homes must have the first floor tw o (2’) feet above grade w hen adjacent to right-of-way. (See dD wellings, sSingle-family, aAttached.) Truck Terminal: Land buildings used as a relay station for the transfer of a load from one (1) vehicle to another or one (1) party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal. Tw in Home: A twin home differs from a duplex by having tw o (2) dwellings that each ow n the property that they are built on and each dw elling ow ns their ow n yard. (See Dw ellings, Single-family Attached) U nsuitable L and: Land w hich the Commission determines to be unsuitable for subdivision because of periodic flooding, poor drainage, excessively steep slopes or other features likely to be harmful to the safety and general health and w elfare of the future residents. U nsuitable land shall not be subdivided unless adequate methods are utilized to overcome these conditions. U sable Lot A rea: That portion of a lot usable for or adaptable to the normal uses made of the property, excluding any areas w hich may be covered by water, excessively steep, or included in certain types of easements. Utilities: Installation or facilities, underground or overhead, furnished for use by the public, including but not limited to electricity, gas, steam, communications, w ater, television, drainage, irrigation, sew age disposal, or flood control, w hether ow ned and operated by any person, firm, corporation, municipal department, or board duly authorized by state or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments, or boards, as applicable herein. Utility Yard: Any electrical, gas, steam, communications, water, television, drainage, irrigation, sew age disposal or flood control yard that has equipment exposed. Yards are required to be screened. If equipment is underground, in a vault or above ground in a building it need not be screened. Vacant properties: Vacant properties for this purpose are defined as those that have been vacant for over a substantial number of years or those that have had buildings or improvements removed and have been vacant for a substantial number of years.