HomeMy WebLinkAboutOrd_1298 Chapter 3 Standards for All Zones - April 2023 (1)CITY OF R EX BU RG
OR DIN A NC E 1298 C HA PTER 3 STA N DA RD S FOR A LL Z ON ES - A PR IL 2023
N OW T HEREFORE, be it ordained by the Council of the City of Rexburg, in the
State of Idaho, as follow s:
SEC TION 1: AME N D MENT “3.02.050 Clear View Of Intersecting Streets;
Sight Triangle” of the Rexburg D evelopment Code is hereby am ended as follow s:
A M E N D M E N T
3.02.050 Clear View O f 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 betw een points on the lot lines w hich 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
SEC TION 2: AME N D MENT “3.02.060 D istance B etw een Buildings” of
the Rexburg Development Code is hereby amended as follow s:
A M E N D M E N T
3.02.060 Distance Betw een Buildings
.
SEC TION 3: AME N D MENT “3.02.070 A ccessory” of the Rexburg
Development C ode is hereby am ended as follows:
A M E N D M E N T
3.02.070 Accessory
CITY OF R EX BU RGORDINANCE 1298 C HA PTER 3 STA N DA RD S FOR A LL Z ON ES - A PR IL 2023NOW T HEREFORE, be it ordained by the Council of the City of Rexburg, in theState of Idaho, as follow s:SEC TION 1: AME N D MENT “3.02.050 Clear View Of Intersecting Streets;Sight Triangle” of the Rexburg D evelopment Code is hereby am ended as follow s:A M E N D M E N T3.02.050 Clear View O f Intersecting Streets; Sight TriangleTo ensure reasonable visibility and safety in residential zones and other zones which requirebuildings to be set back from the lot line, the triangle of land formed on any corner lot bydrawing a line betw een points on the lot lines w hich are thirty feet (30’) from the intersectionof such lot lines shall be free from any sight obscuring structure or obstruction except aspermitted below. (See Sight Triangle definition.)A.Trees in such triangles shall be trimmed to at least ten (10’) feet above the centerlinegrades of the intersecting streets.B.Shrubs, fences, and walls shall not be higher than three (3’) feet above the centerlinegrades of the intersecting streets.C.Exception: Mixed U seSECTION 2: AME N D MENT “3.02.060 D istance B etw een Buildings” ofthe Rexburg Development Code is hereby amended as follow s:A M E N D M E N T3.02.060 Distance Betw een Buildings.SEC TION 3: AME N D MENT “3.02.070 A ccessory” of the Rexburg
Development C ode is hereby am ended as follows:
A M E N D M E N T
3.02.070 Accessory3.02.070 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.
A.Permitted Accessory U ses. Such permitted accessory uses and structures include, but
are not limited to the following:
1.Residential. Accessory building such as garages, carports, equipment storage
buildings, and supply storage buildings, which 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.. Other than Residential. Equipment storage buildings and supply storage
buildings.
B.A ccessory Building R equirements. A ccessory buildings shall:
1.Have 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 Building Codes adopted by the City of Rexburg.
4.Only be used for those accessory uses allow ed 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 which it is erected.
6.Location.
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)(Residential) larger than tw o hundred (200) square feet or
taller than ten (10’) feet in height.
(2)(Commercial) larger than one-hundred-twenty (120) square
feet or taller than ten (10’) feet in height.
c.R ear 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-ow ned alley. Such garages shall be located at least
fifteen (15’) feet from the alley.
d.A ccessory Building & A djacent Lot. An accessory building shall be
five (5') feet or more from a lot line.
(1)Reduced Distances Between Buildings. A dditional
requirements may be needed for reduced distances betw een
buildings per the Codes adopted by the City of Rexburg
(2)Less T han 200 sq.ft. A ccessory buildings smaller than tw o
hundred (200) square feet may be placed up to the property
line but shall not drain onto neighboring properties.
7.Accessory B uilding Size.
a.A djacent to R esidential Use or Z one. If adjacent to a residential use
or zone, the accessory building shall not exceed ten (10’) feet in
3.02.070 AccessoryAccessory structures are permitted in a zone, provided they are incidental to, and do notsubstantially alter the character of the permitted principal use or structure.A.Permitted Accessory U ses. Such permitted accessory uses and structures include, butare not limited to the following:1.Residential. Accessory building such as garages, carports, equipment storagebuildings, and supply storage buildings, which are customarily used inconjunction w ith and incidental to a principal use or structure, shall bepermitted.2.Temporary C onstruction. Storage of materials used for construction of abuilding, including the contractor ’s temporary office, provided that such useshall be permitted only during the construction period and thirty (30) daysthereafter.3.. Other than Residential. Equipment storage buildings and supply storagebuildings.B.A ccessory Building R equirements. A ccessory buildings shall:1.Have 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 Building Codes adopted by the City of Rexburg.4.Only be used for those accessory uses allow ed in the respective zone.5.The accessory building shall have facilities for the discharge of all roofdrainage on to the lot or parcel on which it is erected.6.Location.a.Front Yard. N ot be placed in the front yard.b.Side Yard. Meet the same side yard requirements as a principalbuilding when the accessory building is:(1)(Residential) larger than tw o hundred (200) square feet ortaller than ten (10’) feet in height.(2)(Commercial) larger than one-hundred-twenty (120) squarefeet or taller than ten (10’) feet in height.c.R ear Yard. Accessory building may be placed in any location in therear yard, unless the accessory building is a garage w ith doorsopening into a City-ow ned alley. Such garages shall be located at leastfifteen (15’) feet from the alley.d.A ccessory Building & A djacent Lot. An accessory building shall befive (5') feet or more from a lot line.(1)Reduced Distances Between Buildings. A dditionalrequirements may be needed for reduced distances betw eenbuildings per the Codes adopted by the City of Rexburg
(2)Less T han 200 sq.ft. A ccessory buildings smaller than tw o
hundred (200) square feet may be placed up to the property
line but shall not drain onto neighboring properties.
7.Accessory B uilding Size.
a.A djacent to R esidential Use or Z one. If adjacent to a residential use
or zone, the accessory building shall not exceed ten (10’) feet inor zone, the accessory building shall not exceed ten (10’) feet in
height, nor two-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 allow ed
and shall meet the standard rear yard setback for principal buildings in
the zone.
8.Building Permit. A building permit is required when the accessory building is
larger than tw o-hundred (200) square feet for single-family, residential,
building uses and one-hundred-tw enty (120) square feet for commercial
buildings and dw ellings greater than a single family.
C.Exception: University D istrict (UD )
SEC TION 4: AME N D MENT “3.02.100 Screening A nd Landscaping” of
the Rexburg Development Code is hereby amended as follow s:
A M E N D M E N T
3.02.100 Screening And Landscaping
The follow ing are minimum standards. A dditional landscaping elements may be allowed as per
review by the Zoning A dministrator or D esignee. Screening and fences w ithin the City shall
be constructed and maintained in conformance with the following standards:
A.Landscaping. Plant material size (minimum), at time of planting:
1.Deciduous 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 crown
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 w ide 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 betw een the curb and gutter and the sidew alk
is to be landscaped, per Rexburg Engineering Street Cross Sections, by the adjacent
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.C ommercial/Industrial Uses. Where a commercial or industrial use adjoins
residential zones, or undeveloped land shown 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 w ith a combination of trees, low shrubs, and ground
cover, and/or a suitable fence otherw ise in compliance with this ordinance of
or zone, the accessory building shall not exceed ten (10’) feet inheight, nor two-hundred (200) square feet.b.If not adjacent to residential use or zone. If not adjacent to aresidential use or zone, larger accessory buildings shall be allow edand shall meet the standard rear yard setback for principal buildings inthe zone.8.Building Permit. A building permit is required when the accessory building islarger than tw o-hundred (200) square feet for single-family, residential,building uses and one-hundred-tw enty (120) square feet for commercialbuildings and dw ellings greater than a single family.C.Exception: University D istrict (UD )SEC TION 4: AME N D MENT “3.02.100 Screening A nd Landscaping” ofthe Rexburg Development Code is hereby amended as follow s:A M E N D M E N T3.02.100 Screening And LandscapingThe follow ing are minimum standards. A dditional landscaping elements may be allowed as perreview by the Zoning A dministrator or D esignee. Screening and fences w ithin the City shallbe constructed and maintained in conformance with the following standards:A.Landscaping. Plant material size (minimum), at time of planting:1.Deciduous trees- Tw o (2”) inch caliper around the trunk of the tree2.Evergreen trees- Seven (7’) feet in height from root collar to top of tree crown3.Shrubs- Five (5) gallon containers4.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 minimumfive (5') feet w ide landscape strip to be planted w ith ground cover, one (1) deciduoustree and five (5) shrubs, per thirty (30') lineal feet. (For com mercial see subsection3.04.060.5.c.)C.Landscape Strip. In all zones, the area betw een the curb and gutter and the sidew alkis to be landscaped, per Rexburg Engineering Street Cross Sections, by the adjacentproperty ow ner.1.Landscaping shall be maintained by the adjacent property ow ner.2.Columnar trees shall not be in the landscape stripD.Parking A reas. (See subsection 3.04.060.A.)
E.C ommercial/Industrial Uses. Where a commercial or industrial use adjoins
residential zones, or undeveloped land shown 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 w ith a combination of trees, low shrubs, and ground
cover, and/or a suitable fence otherw ise in compliance with this ordinance ofcover, and/or a suitable fence otherw ise in compliance with this ordinance of
sufficient height and density to screen the tw o parcels, as specified by the
Planning and Zoning C ommission.
F.High D ensity Residential U ses.
1.Where a lot in the H DR1 or H RD 2 district adjoins a lot (not a right-of-way) in
the LD R or MD R zones or unincorporated and designated as single-family on
the Comprehensive 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 between the front lot line of the H DR zone and
a single-family zone, a landscaped buffer seven (7’) feet w ide or as required
for front yard setbacks, whichever is greater, shall be constructed and
maintained on the front lot line.
G.Highway 20 C orridor. A ll development adjacent to the H ighway 20 right-of-w ay
must submit an Infrastructure Plan to the Zoning Administrator or designee to be
approved for design prior to obtaining a building permit.
1.Landscape Buffer. Parcels directly adjacent to the H ighw ay 20 right-of-w ay
must have buildings buffered w ith deciduous tw o (2”) inch caliper trees at
twenty (20’) feet spacing and two (2) shrubs between trees.
2.Commercial Design Standards. Building facades adjacent to H ighway 20
right-of-w ay which meet the requirements of commercial design standards
(including “eyes to the street” requirements) found in section 7.0 may reduce
buffering to deciduous two (2”) inch caliper trees at fifty (50’) feet spacing
and eight (8) shrubs between trees.
3.Setback. A minimum setback of twenty-five (25’) feet is required from any
building to the H ighway 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 Area. Open 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 w idth w ith plantings that hide the open storage (as approved by the Zoning
A dministrator or designee).
1.No front yard storage. O pen storage shall not be located w ithin a required
front yard.
I.U tility yards. When utility yards are in zones other than Industrial or adjacent to any
residential zone or commercial zone, then screening is required.
1.The screening required shall consist of a seven (7’) foot tall decorative
masonry w all or otherw ise approved privacy fence by the Zoning
Administrator that is set back from the right-of-way seven (7’) feet and at the
property line when not adjacent to the right-of-w ay.
a.Maintenance. The area betw een the right-of-way and the w all 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 w ith one two (2”) inch caliper deciduous tree and five
5-gallon bushes every thirty (30’) feet.
cover, and/or a suitable fence otherw ise in compliance with this ordinance ofsufficient height and density to screen the tw o parcels, as specified by thePlanning and Zoning C ommission.F.High D ensity Residential U ses.1.Where a lot in the H DR1 or H RD 2 district adjoins a lot (not a right-of-way) inthe LD R or MD R zones or unincorporated and designated as single-family onthe Comprehensive Plan map, a five (5’) feet w ide landscaped buffer shall beprovided on said property line. (See A of this subsection for tree and bushsizes.)2.When a public street is located between the front lot line of the H DR zone anda single-family zone, a landscaped buffer seven (7’) feet w ide or as requiredfor front yard setbacks, whichever is greater, shall be constructed andmaintained on the front lot line.G.Highway 20 C orridor. A ll development adjacent to the H ighway 20 right-of-w aymust submit an Infrastructure Plan to the Zoning Administrator or designee to beapproved for design prior to obtaining a building permit.1.Landscape Buffer. Parcels directly adjacent to the H ighw ay 20 right-of-w aymust have buildings buffered w ith deciduous tw o (2”) inch caliper trees attwenty (20’) feet spacing and two (2) shrubs between trees.2.Commercial Design Standards. Building facades adjacent to H ighway 20right-of-w ay which meet the requirements of commercial design standards(including “eyes to the street” requirements) found in section 7.0 may reducebuffering to deciduous two (2”) inch caliper trees at fifty (50’) feet spacingand eight (8) shrubs between trees.3.Setback. A minimum setback of twenty-five (25’) feet is required from anybuilding to the H ighway 20 right-of-w ay or a one-to-one setback to heightrequirement, whichever is greater.4.Landscaping must be maintained.H.Open Storage Area. Open storage area in commercial and industrial zones shall bescreened from view of the streets by structures or by a landscaped strip at least seven(7’) feet in w idth w ith plantings that hide the open storage (as approved by the ZoningAdministrator or designee).1.No front yard storage. O pen storage shall not be located w ithin a requiredfront yard.I.U tility yards. When utility yards are in zones other than Industrial or adjacent to anyresidential zone or commercial zone, then screening is required.1.The screening required shall consist of a seven (7’) foot tall decorativemasonry w all or otherw ise approved privacy fence by the Zoning
Administrator that is set back from the right-of-way seven (7’) feet and at the
property line when not adjacent to the right-of-w ay.
a.Maintenance. The area betw een the right-of-way and the w all 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 w ith one two (2”) inch caliper deciduous tree and five
5-gallon bushes every thirty (30’) feet.5-gallon bushes every thirty (30’) feet.
(2)Trees and bushes required by this section shall be irrigated
with a water drip system.
2.Water tanks are not required to be screened.
3.Pumps and other equipment associated w ith water tanks w ill be in below-
grade vaults, in buildings or shall be screened as utility yards.
SEC TION 5: AME N D MENT “3.02.110 Fencing Requirements” of the
Rexburg Development Code is hereby amended as follow s:
A M E N D M E N T
3.02.110 Fencing R equirements
No w all, fence, screen, or opaque hedge or screening material shall be maintained w ithin 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 drivew ay or alley,
or pedestrian public way. (See Sight Triangle definition in Chapter 2)
A.A ll fencing must obtain administrative review and approval by the Planning & Zoning
department.
B.Fence Types N ot Permitted.
1.Floodplain. N o fence shall be constructed in the floodway w ithout approval
of the Planning and Zoning C ommission.
2.Barbed Wire/E lectric. Barbed w ire fences and electric fences shall not be
erected or maintained unless approved by the Planning and Zoning
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, w all, 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.(See Site Triangle 3.02.050 for lot lines adjacent to road intersections).
E.C orner or Double 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 sidew alk,
outside of the site triangle.
F.
G.R ear Yard. In a rear yard, w alls 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 R uns. D og 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
5-gallon bushes every thirty (30’) feet.(2)Trees and bushes required by this section shall be irrigatedwith a water drip system.2.Water tanks are not required to be screened.3.Pumps and other equipment associated w ith water tanks w ill be in below-grade vaults, in buildings or shall be screened as utility yards.SEC TION 5: AME N D MENT “3.02.110 Fencing Requirements” of theRexburg Development Code is hereby amended as follow s:A M E N D M E N T3.02.110 Fencing R equirementsNo w all, fence, screen, or opaque hedge or screening material shall be maintained w ithin arequired front yard, or an area which would tend to inhibit a safe sight distance of traffictraveling upon a public street, or entering into the public street from a private drivew ay or alley,or pedestrian public way. (See Sight Triangle definition in Chapter 2)A.A ll fencing must obtain administrative review and approval by the Planning & Zoningdepartment.B.Fence Types N ot Permitted.1.Floodplain. N o fence shall be constructed in the floodway w ithout approvalof the Planning and Zoning C ommission.2.Barbed Wire/E lectric. Barbed w ire fences and electric fences shall not beerected or maintained unless approved by the Planning and ZoningAdministrator.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, w all, or sight-obscuring objects within fifteen(15’) feet of the right-of-w ay shall be a maximum of three (3’) feet in height measuredfrom the natural grade of the property on w hich it is located.1.(See Site Triangle 3.02.050 for lot lines adjacent to road intersections).E.C orner or Double Frontage Lots. When a parcel is a Corner Lot or a D oubleFrontage Lot and the lot does not have access onto the same street through a frontyard, a fence greater than three (3') feet can be located adjacent to the sidew alk,
outside of the site triangle.
F.
G.R ear Yard. In a rear yard, w alls 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 R uns. D og 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 building2.Building Permit. Fences over seven (7’) feet in height must obtain a building
permit.
a.A dministrative approval shall be required.
H.C ommercial A djacent to R esidential. A vinyl or masonry fence of at least six (6’)
feet in height shall be erected along all property lines w hich lie adjacent to a residential
zone or use, except front yards, where the height of the fence shall not exceed thirty-
six (36”) inches w ithin fifteen (15’) feet of the right-of-w ay.
1.In the case w here there is mutual agreement between the property owners of
the commercial zone and the adjacent residential zone, the Planning and
Zoning C ommission shall give considerable weight to the wishes of the parties
involved.
I.Schools, C hurches, U niversities, Colleges, Hospitals, Nursing Homes, C ity and
C ounty. The height, location and placement of fences by the foregoing entities may
be altered, subject to prior w ritten approval of the Zoning A dministrator. However,
sight triangles at any intersection must be maintained pursuant to Section 3.02.050. of
this O rdinance. (See Sight Triangle definition.)
J.Grade D ifferences. 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.
K.Pedestrian Gates. Pedestrian access gates shall swing inw ard when adjacent to a
public sidew alks. (See subsection 3.02.170.)
L.Fence A djacent to Public Sidew alk. (See subsection 3.02.170.B.)
M.Exceptions.
1.The provisions of this section shall not apply to tennis court backstops or patio
enclosures as approved by the Zoning A dministrator, if it is determined that
such do not create a hazard or violation of other sections of the Rexburg C ity
Code or other C ity O rdinances.
2.Retaining 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 w all may be topped by a fence, wall or hedge of the same height that
would otherw ise be permitted at the location if no retaining w all existed only
after approval by the Zoning A dministrator.
3.All other exceptions must obtain Planning & Zoning Commission approval.
SEC TION 6: AME N D MENT “3.02.130 Project Plan A pproval” of the
Rexburg Development Code is hereby amended as follow s:
A M E N D M E N T
3.02.130 Project Plan A pproval
All projects constructed in any zone must submit, prior to beginning construction:
2.Building Permit. Fences over seven (7’) feet in height must obtain a buildingpermit.a.A dministrative approval shall be required.H.C ommercial A djacent to R esidential. A vinyl or masonry fence of at least six (6’)feet in height shall be erected along all property lines w hich lie adjacent to a residentialzone or use, except front yards, where the height of the fence shall not exceed thirty-six (36”) inches w ithin fifteen (15’) feet of the right-of-w ay.1.In the case w here there is mutual agreement between the property owners ofthe commercial zone and the adjacent residential zone, the Planning andZoning C ommission shall give considerable weight to the wishes of the partiesinvolved.I.Schools, C hurches, U niversities, Colleges, Hospitals, Nursing Homes, C ity andCounty. The height, location and placement of fences by the foregoing entities maybe altered, subject to prior w ritten approval of the Zoning A dministrator. However,sight triangles at any intersection must be maintained pursuant to Section 3.02.050. ofthis O rdinance. (See Sight Triangle definition.)J.Grade D ifferences. Where there is a difference in the grade of the properties on eitherside of a fence, w all or other similar structure, the height of the fence shall bemeasured from the natural grade of the property upon w hich it is located.K.Pedestrian Gates. Pedestrian access gates shall swing inw ard when adjacent to apublic sidew alks. (See subsection 3.02.170.)L.Fence A djacent to Public Sidew alk. (See subsection 3.02.170.B.)M.Exceptions.1.The provisions of this section shall not apply to tennis court backstops or patioenclosures as approved by the Zoning A dministrator, if it is determined thatsuch do not create a hazard or violation of other sections of the Rexburg C ityCode or other C ity O rdinances.2.Retaining Walls. Where a retaining w all protects a cut below or a fill abovethe natural grade and is located on the line separating lots or properties, suchretaining w all may be topped by a fence, wall or hedge of the same height thatwould otherw ise be permitted at the location if no retaining w all existed onlyafter approval by the Zoning A dministrator.3.All other exceptions must obtain Planning & Zoning Commission approval.
SEC TION 6: AME N D MENT “3.02.130 Project Plan A pproval” of the
Rexburg Development Code is hereby amended as follow s:
A M E N D M E N T
3.02.130 Project Plan A pproval
All projects constructed in any zone must submit, prior to beginning construction:All projects constructed in any zone must submit, prior to beginning construction:
A.A n Infrastructure Plan (including a Drainage and Landscape Plan) for review and
approval by C ity of Rexburg B uilding Department. (See section 10.4.)
1.Drainage on to an adjacent lot not ow ned by applicant is not allowed.
B.C ommercial Projects. A ll project plans and engineering specifications in the
Community B usiness Center (C BC) 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 Review Committee.
SEC TION 7: AME N D MENT “3.02.170 Sidewalks” of the Rexburg
Development C ode is hereby am ended as follows:
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 City Engineering Standards, w here
conditions permit. (See Appendix.B.)
1.Exempt in Transitional Agriculture (TAG ) and Rural Residential 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 U se
MU )
SEC TION 8: AD OPTION “3.02.175 Flag Poles” of the Rexburg
Development C ode is hereby added as follows:
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 without creating any safety issues.
1.Residential. The flag pole shall not exceed the maximum allow ed building
height in the residential zone
2.Commercial. The flag pole shall not exceed eighty (80') feet.
All projects constructed in any zone must submit, prior to beginning construction:A.A n Infrastructure Plan (including a Drainage and Landscape Plan) for review andapproval by C ity of Rexburg B uilding Department. (See section 10.4.)1.Drainage on to an adjacent lot not ow ned by applicant is not allowed.B.C ommercial Projects. A ll project plans and engineering specifications in theCommunity B usiness Center (C BC) Zone must be prepared and engineered by A/Eprofessionals. These professional engineered plans w ill be submitted for review andapproval from conception by the D evelopment Review Committee.SEC TION 7: AME N D MENT “3.02.170 Sidewalks” of the RexburgDevelopment C ode is hereby am ended as follows:A M E N D M E N T3.02.170 Sidew alksA.In all zones, all buildings erected, established, or rebuilt shall be required to placesidewalks at the location indicated in the current City Engineering Standards, w hereconditions permit. (See Appendix.B.)1.Exempt in Transitional Agriculture (TAG ) and Rural Residential 1 (RR1).B.When a fence is placed adjacent to a public sidew alk in residential zones and nodriveway access exists, a one (1') foot landscape strip shall be maintained betw een thestandard sidew alk and the fence.1.Exempt in Mixed U se MU )SEC TION 8: AD OPTION “3.02.175 Flag Poles” of the RexburgDevelopment C ode is hereby added as follows:A D O P T I O N3.02.175 Flag Poles(Added)
A.Flag poles that serve a non-advertising purpose are permitted, provided they can be
erected without creating any safety issues.
1.Residential. The flag pole shall not exceed the maximum allow ed building
height in the residential zone
2.Commercial. The flag pole shall not exceed eighty (80') feet.
AYE NAY ABSENT A BSTA IN
C ouncil President Jordan Busby
C ouncilmember Robert C hambers
C ouncilmember Tisha Flora
C ouncilmember Colin Erickson
C ouncilmember Mikel Walker
C ouncilmember Bryanna Johnson
PA SSED AN D AD OPTED BY TH E CITY O F REX B U R G COU N CIL JU NE 07, 2023.
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P r e s id in g O ffic e r
A t t e s t
Jerry L Merrill, Rexburg Mayor, City
of Rexburg
D eborah Lovejoy, Rexburg City Clerk,
C ity of Rexburg