HomeMy WebLinkAboutDraft_Ord - Sign Code - June 2023 - clean 10.9.23Page 1
CIT Y OF R EX BU RG
OR D IN AN CE
N OW THER EFORE , be it ordained by the C ouncil of the City of Rexburg, in the
State of Idaho, as follow s:
SECTION 1: A MEND MEN T “SIG N” of the Rexburg Development Code is
hereby am ended as follows:
A M E N D M E N T
SIG N
Sign: Means for identifying and conveying messages visually for businesses and individuals.
(See section 3.5.)
.
A.Accessory On Premise Sign: A sign, separate from the sign that identifies the
business, that advertises brands or products available at the business.
B.Blade Sign: A blade sign is a type of sign mounted on a building for the purpose of
pedestrian traffic.
C.Blanketing: The partial or complete obstruction of view of the face of one sign by
another sign.
D.Canopy Sign: A sign which is attached or affixed to a canopy or marquee.
E.Changeable C opy Panel (R eader board) Sign: A sign w ith the capability of content
change by means of manual or remote input.
F.Construction Sign: A ny sign w hich w arns people of construction or demolition for a
project or which describes the project, builder, architect or others involved in the
project.
G.Directional Sign, Private: Any sign w hich serves to designate direction or location,
including directories, private parking signs, drive-thru signs, exit and entrance signs,
etc.
H.Directional Sign, Public: A sign provided and managed by the City or other
jurisdiction that designates direction or location, or serves as w ayfinding for public
services or sites.
I.Freestanding, D etached, Monument, Pole, or Ground Signs: A sign which is
wholly supported by columns or other vertical supports in or on the ground (not part of
the building structure).
J.Illuminated Sign: A sign which uses a source of light for illumination.
K.
L.Off-Premise Sign: A ny sign used for the purpose of displaying, advertising,
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identifying or directing attention to a business, service, activity or place including
products or services sold or offered for sale on premise other than on the premises
where such sign is displayed.
M.Plaza Sign: A sign that identifies the name of a business complex (i.e. a plaza, strip
mall or professional building) as well as advertises individual tenants located w ithin.
N.Portable Sign: A sign that is not affixed to the ground or another structure.
O.Real E state Sign: Any temporary sign advertising the sale, lease, or rental of the
property or premises on w hich it is located.
P.Sign A rea: The area comprising the message portion of a sign, not including the
supporting structure.
Q.Supergraphics Sign: Any abstract mosaic, mural, painting, or graphic art technique
or any combination thereof.
R.Temporary Sign: A sign w hich is intended to be displayed for no more than sixty
(60) days consecutively and is not permanently affixed.
S.Wall Sign: A sign affixed parallel to the plane of the face of the building facade.
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AY E N AY A BSE N T AB STA IN
Council President Jordan Busby
Councilmember Robert Chambers
Councilmember Tisha Flora
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL
_______________________________.
P r e s id in g O ffic e r A t t e s t
Jerry L Merrill, Rexburg Mayor, C ity
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg
Page 1
CIT Y OF R EX BU RG
OR D IN AN CE
N OW THER EFORE , be it ordained by the C ouncil of the City of Rexburg, in the
State of Idaho, as follow s:
SECTION 1: A MEND MEN T “3.05.010 Purpose And Objectives” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.05.010 Purpose And Objectives
Signs are a means of identifying and conveying messages visually for businesses and
individuals. The Sign Code establishes standards for the use of signs and sign structures
including the placement, size, height, illumination, maintenance, and number of signs.
SECTION 2: A MEND MEN T “3.05.020 Record K eeping” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.020 Record K eeping
SECTION 3: A MEND MEN T “3.05.030 Definitions” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.030 Definitions
SECTION 4: A MEND MEN T “3.05.040 Permit Required” of the R exburg
D evelopment Code is hereby amended as follow s:
Page 2
A M E N D M E N T
3.05.040 Permit Required
Except as otherw ise provided in this Code, it shall be unlaw ful for any person to erect,
construct, enlarge, move or convert any sign in the City, without first obtaining a Sign Permit.
If a permit has been previously issued, an additional permit shall not be required for the
repainting, cleaning or other normal maintenance or repair of a sign or sign structure. A review
w ill be required for any change of face or business name update.
The permit application requires:
A.Written consent from the property owner or authorized representative of the owner.
B.Submittal of any applicable sign specifications, site plans (including dimensions, pins
and property lines), engineering documents, and/or lighting plans.
1.Verifiable property pins must be identifiable on site.
C.Any applicable fees to be paid.
D.Review and approval by the City of Rexburg.
SECTION 5: A MEND MEN T “3.05.050 No Permit Required” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.05.050 No Permit Required
SECTION 6: A MEND MEN T “3.05.060 Permit Fee” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.060 Permit Fee
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SECTION 7: A MEND MEN T “3.05.070 Permissions To Install” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.05.070 Permissions To Install
SECTION 8: A MEND MEN T “3.05.080 Conditional Use Permit” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.05.080 Conditional Use Permit
SECTION 9: A MEND MEN T “3.05.090 Noncompliance” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.090 Noncompliance
A ny person, firm or corporation violating any provision of this O rdinance shall be guilty of an
infraction, and be subject to the follow ing civil penalties or remedies:
A.If a sign is placed in or projects into any public right-of-way, or has been deemed
unsafe by the Building O fficial, C ity Engineer, or Zoning A dministrator, it may be
immediately removed by the City at the expense of the ow ner, sign company and/or
responsible party.
B.If in violation of some other provision of this O rdinance, the City may cause a written
notice to be given requiring that the violation be corrected within fourteen (14) days.
C.If the ow ner, sign company and/or responsible person for the violation fails to comply,
then the violator(s) shall be liable for civil penalties (See subsection 1.01.090.) The
City shall have the right to remove the sign at the violator ’s expense in addition to the
aforementioned penalties for each day of violation.
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AY E N AY A BSE N T AB STA IN
Council President Jordan Busby
Councilmember Robert Chambers
Councilmember Tisha Flora
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
SECTION 10: A MEND MEN T “3.05.100 Sign A pplication” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.100 Sign A pplication
PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL
_______________________________.
P r e s id in g O ffic e r A t t e s t
Jerry L Merrill, Rexburg Mayor, C ity
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg
Page 1
CIT Y OF R EX BU RG
OR D IN AN CE
N OW THER EFORE , be it ordained by the C ouncil of the City of Rexburg, in the
State of Idaho, as follow s:
SECTION 1: A MEND MEN T “3.05.110 Standards” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.110 Standards
A ll signs must be located and constructed in accordance with the follow ing parameters.
Municipal, traffic and public directional signs shall not be considered signs as defined and
regulated by this sign code.
A.Clear View of Intersecting Streets.
1.R ight-of-w ay. N o sign may be placed or constructed so that any portion
thereof is placed or projects into any public right-of-w ay.
2.Sight Triangle. For the purpose of ensuring reasonable visibility and safety
this Ordinance shall prohibit the placement of signs w ithin the sight triangle.
(See C hapter 2: Sight Triangle definition.)
B.Off-Premise Signs. O ff-premise signs are prohibited.
1.Exceptions.
a.Political/Campaign signs.
b.Real Estate signs.
C.Maintenance. Signs must be maintained in good condition.
1.A bandoned Sign. Any sign no longer associated with the use of a property,
including vacant or unoccupied properties, shall be considered abandoned and
removed or returned to a blank state w ithin 12 months of being abandoned.
D.Lighting/Illumination. A ny sign that is lit, illuminated, or contains electrical
components must be listed by one of O SHA 's N ationally R ecognized Testing
Laboratories (NRTL) as w ell as the codes adopted by the City of Rexburg. (see
section 3.6)
E.Address Signs. (See subsection 3.02.140)
F.
G.Fire Access Signage. All occupancies classified as commercial shall have fire access
roadw ays posted with the proper signs at seventy-five (75’) foot intervals.
1.C urb Painting. Additionally, curbs shall be painted red and maintained as
required by the Fire Code O fficial.
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H.Non-residential C ommercial L ots. Signs shall be posted in parking lots open to the
public but restricted as to use. Such signs shall be posted in a conspicuous place giving
notice that clearly indicates that parking is restricted and violators may be tow ed.
I.Visitor Parking A reas. Visitor parking areas must have adequate and visible signage.
Signs must be at least 12" x 18" and include the w ords "Visitor Parking Only",
"Permit Parking only during **A.M. to **P.M. and "All others may be booted and/or
tow ed."
SECTION 2: A MEND MEN T “3.05.120 Sign Background A rea” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.05.120 Sign Background A rea
SECTION 3: A MEND MEN T “3.05.130 Blade Signs” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.130 Blade Signs
SECTION 4: A MEND MEN T “3.05.140 Free-Standing Signs” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.05.140 Free-Standing Signs
Sign Height.
A.Outside of U S-20 Interchange. U nless further restricted in this Sign Code, the
maximum height of any freestanding sign not located in the U S 20 Interchange
Boundaries (see figures 1, 2 & 3 below ) shall have a maximum height of tw enty-four
(24’) feet from ground level to the top of the sign.
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B.CU P. O n lots w here a twenty-four (24’) feet freestanding sign is allow ed and the
building height is greater than tw enty-four (24’) feet, the maximum height of a free-
standing sign may be reviewed under a C onditional Use Permit for a taller
freestanding sign not to exceed the building height.
C.Within U S 20 Interchanges. The interchange sign boundary is defined by a fifteen
hundred (1500’) feet radius draw n from the center of the highw ay interchange.
1.Freestanding signs located in the U S 20 Interchange boundaries (identified in
figures 1, 2 &3) shall have a maximum height of fifty (50’) feet from grade
(see "grade" definition in Chapter 2) to the top of the sign.
A.Sign A rea.
1.A n eighty (80 sq. ft.) square feet sign is allowed for any single property up to
fifty thousand (50,000 sq.ft.) square feet in lot size.
2.For properties larger than fifty thousand (50,000 sq. ft.) square feet in area, the
total allow able sign area would be increased by 0.0016 square feet for each
square foot in excess of fifty thousand (50,000).
3.The supporting structure does not count as part of the sign area.
4.O nly one side of a flat sign is measured, irrespective of w hether the back side
is used for advertising.
5.Banners. A ny banners, other than w all banners, must meet the Freestanding
Sign requirements and are included as part of freestanding sign area unless
considered temporary and approved by the Zoning Administrator.
6.D irectional Signs. Any logos placed on a directional sign are considered part
of the sign area and must be less area than the directional information.
7.Plaza Signs. Sign space must be available for all tenants w ithin a plaza while
meeting the total allowable sign area.
B.Distance. To avoid blanketing, the distance required betw een signs is calculated by
dividing the total sign area by the number of signs.
C.Number of Signs. Multiple signs are allow ed as long as area and distance
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requirements are met.
D.Setback. The edge of a sign must be a minimum of five (5’) feet from the property
line to ensure that no portion of the sign overhangs into the right-of-w ay.
SECTION 5: A MEND MEN T “3.05.150 Other Signs” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.150 Other Signs
SECTION 6: A MEND MEN T “3.05.160 Temporary Signs” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.160 Temporary Signs
A.Examples. For Sale/R ent/Lease, Political/Campaign, G arage/yard sale, Banners,
Advertising Feather Flags, sidew alk signs (A-frame Sandw ich boards), oversized
balloons, and tw irling, dancing or other air or gas filled figures.
B.Time Limit. Temporary signs shall be displayed for no more than sixty (60) days
consecutively, and not permanently affixed.
1.Temporary signs related to a specific event, including elections, are limited to
being displayed no more than forty-five (45) days prior to the event, and must
be removed w ithin forty-eight (48) hours after the event.
2.Construction signs are defined as temporary and must be removed within
thirty (30) days of project completion.
C.Prohibited Locations. Temporary signs must remain outside of the sight triangle and
may not be displayed on utility poles or signs.
1.Off-Premise Signs. (See section 3.05.110)
D.Size. Temporary signs shall be a maximum of thirty-tw o (32 sq. ft.) square feet unless
otherwise approved by the Zoning A dministrator.
1.Exception. Sale/Rent/Lease signs in low residential zones are limited to a
maximum size of six (6 sq. ft.) square feet and are limited to six (6') feet in
height. (see subsection 3.05.190)
Maintenance. Signs must be maintained in good condition as to color and material
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integrity.
SECTION 7: A MEND MEN T “3.05.170 Wall Banners” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.170 Wall Banners
A.Temporary Wall B anners. Wall banners displayed for sixty (60) days or less are
considered temporary.
1.Maximum coverage. Temporary Wall B anners may be displayed w ith
permanent w all signs as long as the coverage does not exceed twenty (20%)
percent of the entirety of the w all.
B.Permanent Wall B anners. A ny banners displayed for more than sixty (60)
consecutive days are considered permanent and must adhere to wall sign standards.
1.A business w ishing to have an area for w all mounted banner signs that allow
for interchangeability of promotional signs may do so by installing a
permanent frame that does not include strings or other temporary looking
devices.
SECTION 8: A MEND MEN T “3.05.180 Wall Signs” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.05.180 Wall Signs
A.Maximum C overage.
1.U p to 100’ from R OW. The maximum area of a w all sign allow ed is ten
(10%) percent of the area of the building wall or walls located w ithin zero (0')
feet up to one-hundred (100') feet from the right-of-way (ROW) line.
2.100’ to 200’ from R OW. The maximum area of a w all sign allowed is tw elve
(12%) percent for walls located w ithin one-hundred (100') feet totw o-hundred
( 200') feet from the street right-of-way (R O W) line.
3.Greater than 200’ from R OW. The maximum area of a wall sign allow ed is
fourteen (14%) percent of the area of the building wall for w alls located more
than two-hundred feet)(200 ft. from the street right-of-way (ROW) line.
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B.Wall A rea. The w all area is calculated using either the w all face or street frontage for
each separate occupancy. If the wall containing the sign is curved, the w all area is
calculated using the elevation view.
C.Sign A rea.
1.Calculating the area of the sign.
a.Letters. If only letters are placed on a w all, then the area may be
computed by draw ing rectangles around each letter to enclose the
extremities of the letter, and then calculating the enclosed area.
b.Cabinet or Flat Panel. If a cabinet or flat panel is used, the area may
be computed using the extremities of the structure.
c.Painted Sign/Supergraphics Sign. If an area is painted in a different
shade or color on a w all (not matching the general background of the
rest of the building) for advertising with lettering or graphics, then the
extremities of the entire painted area will count as advertising area.
2.The supporting structure does not count as part of the sign area.
3.Home Occupation. Home occupation signs are limited to an area of tw o (2)
sq. ft. square feet.
4.D irectional Signs. Any logos placed on a directional sign are considered part
of the sign area and must be less area than the directional information.
D.Blade Signs. Any sign projecting from a w all or building shall be placed betw een
eleven (11') feet and sixteen (16’) feet above sidew alk
SECTION 9: A MEND MEN T “3.05.190 Allow able "Sign Size" A nd "Sign
Permit Conditions" By Zone” of the Rexburg Development Code is hereby am ended as
follow s:
A M E N D M E N T
3.05.190 Allow able "Sign Size" A nd "Sign Permit Conditions" By Zone
Type of
Sign
Sign
A rea
(Sq.
Ft.)
Max
Height
(Ft)
A pplicable
Zones
Property
Setback
Illumi
nation Restrictions
For Sale,
Rent or
Lease
6 6
TAG , RR 1,
RR 2, LDR 1,
LDR2, LD R3,
RBD
O utside
Sight
Triangle
Not
Allow e
d 1 per street
frontage,
limited to 60
days
32 10
MDR1, MD R2,
H DR1, HD R2,
MU , CB C,
O utside
Sight
Not
Allow e
Page 7
Tempo
rary
RB C, LI, HI Triangle d
C onstruc
tion,
Tempora
ry
32 8
TAG , RR 1,
RR 2, LDR 1,
LDR2, LD R3,
RBD
O utside
Sight
Triangle
Not
Allow e
d Maximum
area of 96 sq.
ft., limited to
60 days
32 12
MDR1, MD R2,
H DR1, HD R2,
MU , CB C,
RB C, LI, HI
O utside
Sight
Triangle
Not
Allow e
d
Wall
H ome
O ccupati
on
2 Limited
by Wall
TAG , RR 1,
RR2, RR 3,
LDR1, LD R2,
LD R3, RB D
Must be
parallel to
w all
Not
Allow e
d
1 per street
frontage
Wall
Signs
10-
14%
Depen
ding
on
locatio
n from
R O W
Limited
by Wall
MDR1, MD R2,
H DR1, HD R2,
MU , CB C,
RB C, LI, HI
N /A Allow e
d
Blade signs
require a
minimum
ground
clearance of
11'
Accessor
y O n-
Premise
Include
d in
area
calcula
tions
24 (50
in
interch
ange
areas
shown
above)
MDR1, MD R2,
H DR1, HD R2,
MU , CB C,
RB C, LI, HI
Minimum
of 1' (N o
portion of
the sign
may
overhang
into the
ROW)
Allow e
d N/A
Private
D irectio
nal
6 3**A ll Zones
O utside
Sight
Triangle
Allow e
d
Any logo must
be smaller
than the
directional
info
Pole
Sign
See
Calcul
ation
Table
24 (50
in
interch
ange
areas
CBC, RB C, LI,
HI
Minimum
of 1' (N o
portion of
the sign
may
overhang
Allow e
d
May apply for
a CU P for
height greater
than24'. See
calculation
table for
Page 8
Freesta
nding
shown
above)
into the
ROW)
distance
requirements
PU D ,
Subdivis
ion
Identific
ation
64 8
TAG , RR 1,
RR 2, LDR 1,
LDR2, LD R3,
MDR1, MD R2,
H DR1, HD R2,
MU
Minimum
of 1' (N o
portion of
the sign
may
overhang
into the
ROW)
Allow e
d
Maximum
area of 64 sq.
ft. per sign
Plaza
Signs
See
Calcul
ation
Table
24 (50
in
interch
ange
areas
shown
above)
MU , CB C,
RBC
Minimum
of 1' (N o
portion of
the sign
may
overhang
into the
ROW)
Allow e
d
Sign space
must be
available for
each tenant
w ithin the
plaza
Off
Premise
N ot
A llow e
d
N ot
A llowe
d
Not A llowed N ot
Allow ed
Not
Allow e
d
N ot A llow ed
**Maximum height dependent upon type of directional sign (i.e. entrance/exit signs are a
maximum of three (3’) feet in height).
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AY E N AY A BSE N T AB STA IN
Council President Jordan Busby
Councilmember Robert Chambers
Councilmember Tisha Flora
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL
_______________________________.
P r e s id in g O ffic e r A t t e s t
Jerry L Merrill, Rexburg Mayor, C ity
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg
Page 1
CIT Y OF R EX BU RG
OR D IN AN CE
N OW THER EFORE , be it ordained by the C ouncil of the City of Rexburg, in the
State of Idaho, as follow s:
SECTION 1: A MEND MEN T “4.03.100 Signs” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.03.100 Signs
SECTION 2: A MEND MEN T “4.04.110 Signs” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.04.110 Signs
SECTION 3: A MEND MEN T “4.05.120 Signs” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.05.120 Signs
SECTION 4: A MEND MEN T “5.01.140 Other Requirements” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
5.01.140 Other Requirements
Page 2
A.Entrances. In order to create a pedestrian-oriented environment in which buildings are
oriented tow ard publicly accessible streets and sidewalks, a principal building must
have its main entrance from a public sidew alk or plaza or from a private sidewalk or
plaza that is publicly accessible through a public use easement.
1.The main entrance shall not be from a parking lot; how ever, secondary
entrances from parking lots are permitted.
2.Interior buildings constructed as part of a campus development are exempt
from these requirements.
B.Outdoor Storage or D isplay. O utdoor storage or display requires a Conditional Use
Permit (C U P).
C.Signs. (See section 3.5.)
D.Street lighting and utilities w ithin the right-of-w ay shall be installed as per the City
Engineering Standards.
E.Walls, Fences, and Gates (See subsection 3.02.110.)
1.In order to promote pedestrian-oriented developments, exterior security fences
and gates that are located along public streets, along private street or
w alkw ays that are publicly accessible through a public use easement, or along
publicly accessible open spaces, shall not extend beyond the building façades
(i.e., these fences shall not be located in the area betw een building façades and
the property line).
F.Commercial Design Standards. Commercial projects must meet commercial design
standards. (S ee sec tio n 6 .0 .)
SECTION 5: A MEND MEN T “6.02.120 Signs” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
6.02.120 Signs
A.Signs. (See section 3.5 )
SECTION 6: A MEND MEN T “8.04.150 Other Requirements” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
8.04.150 Other Requirements
A.Uses w ithin B uildings. A ll uses established in the RBD zone shall be conducted
Page 3
entirely w ithin a fully-enclosed building.
B.Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained
in landscaping unless specific permission has been obtained from the Planning &
Zoning C ommission.
C.Hours of Operation. In the RBD zone, no permitted or conditionally permitted use
shall be open for business on any Sunday, or after 9:00 P.M. or before 7:00 A .M. on
any other day, nor shall any permitted or conditionally permitted use accept deliveries
other than between the hours of 9:00 a.m. and 3:00 p.m., w ith no deliveries allow ed at
all on Sundays.
D.Signs. (See section 3.5.)
SECTION 7: A MEND MEN T “9.04.060 Mobile-Vending C ourt” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
9.04.060 Mobile-Vending C ourt
Mobile Vending Cart, Trailer, and Vehicle Standards (Also see Municipal C ode 6.1.)
A.Purpose. Mobile-Vending C ourt A reas should provide safe, convenient, and efficient
access for vehicles and pedestrians.
B.Building Permit. A B uilding Permit is required w hen a Mobile-Vending Court is
constructed, enlarged, or remodeled.
1.Site Plan. A Site Plan shall be submitted for review.
C.Convenience Facilities. The property ow ner shall provide w ater and sew age systems,
sanitary stations, and convenience facilities in accordance w ith the regulations of the
current, adopted C ity of R exburg Plumbing Code standards and the State of Idaho
Department of Environmental Quality requirements.
D.Design.
1.D ensity. The maximum density shall be fifteen (15) vendor sites per acre.
2.Lot Coverage. Lot coverage shall be governed by the zone in which the
Mobile Vending Court is located.
E.Designate Sites. The property must provide designated sites to accommodate the
mobile-vending trailer, vehicle, or mobile structure.
F.Parking.
1.Lighting. Lighting for parking areas shall be directed and, when necessary,
shielded so as not to produce direct glare on adjacent properties, and shall
comply with the city's lighting ordinance. (See section 3.6.)
2.N umber of Stalls. Each vending location shall provide parking for at least
four (4) vehicles.
3.Proximity. Parking must be within three hundred (300') feet.
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4.Stall Size. Each parking space shall be at least twenty (20') feet in length by
nine (9') feet in width. Eighteen (18') feet in length by nine (9') feet in w idth
may be allow ed provided the follow ing applies:
a.Bumpers. Bumpers are installed or in place.
b.Sidew alks. Sidewalk requirements for vehicle overhang are met. (See
9.04.030 Pedestrian Walkw ays.)
5.Surface. All parking lots shall be paved in accordance with subsection
3.04.070 and upon approval by the City Engineer or designee.
G.Pedestrian Walkways (Internal). Continuous internal pedestrian w alkw ays, not less
than five (5') feet in width, or six (6') feet in width where vehicle overhang w ill occur,
shall be provided from the public sidew alk or right-of-w ay to the vending sites.
1.C onnections. Internal pedestrian walkways must connect to public sidewalks.
2.Materials. A ll internal pedestrian w alkw ays shall be distinguished from
driving surfaces through the use of durable, low -maintenance, surface
materials such as pavers, bricks, or cored concrete to enhance pedestrian
safety and comfort, as w ell as the attractiveness of the w alkways.
H.Restrooms. There shall be a minimum of one (1) restroom facility for every five (5)
vendors, w ith a minimum of one (1) per Mobile-Vending C ourt.
1.Meet C urrent Codes. Existing and new restrooms need to meet current,
adopted C ity of R exburg International Building C ode (IB C) and State
Plumbing Code standards, and the requirements of the State of Idaho
D epartment of Environmental Q uality (D .E.Q .).
2.Existing Restrooms.
a.Location. Existing restrooms must be located on the parcel or on an
adjoining parcel w ithin three hundred (300') feet from the vending
location.
b.Written Permission. If located on developed property, the owner of
the property must give w ritten permission to use the facilities.
3.N o Existing Restrooms. Permanent restrooms shall be constructed where
there is not access to existing restroom facilities or portable restrooms w ith
hand-washing facilities to meet food handling requirements per the H ealth
D epartment w ill be permitted.
I.Screening. Mobile-Vending Courts must be screened from public or private right-of-
way, other uses, and from the adjoining streets to minimize the visual impact of off-
street parking.
1.Fencing Adjacent to R esidential. A six (6') feet high, vinyl or masonry fence
in side and back yards shall be required when adjacent to residential. (See
Fencing 3.02.110.)
2.Front-Yard Buffer. Front-yard setbacks shall be buffered w ith a minimum
ten (10') feet wide landscape strip planted w ith bushes and trees. (See
3.02.100.B for Buffer Plants.)
3.Landscaping. Ten (10%) percent of the lot are shall be dedicated to
landscaping and snow storage.
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a.Landscaping may be interior or may be peripheral and shall include
groundcover and trees.
4.See Zone Requirements. Screening shall meet the minimum requirements for
the zone in w hich the Mobile-Vending C ourt is located.
J.Setbacks.
1.Front Yard. Front-yard setbacks shall be governed by the zone in w hich the
Mobile-Vending Court is located.
2.Side Yard. Side-yard setbacks shall be a minimum of five (5') feet from the
property line.
3.R ear yard. R ear-yard setbacks shall be a minimum of ten (10') feet from the
property line.
4.Exceptions. When the parcel of a property abuts the side or rear yard of a lot
or parcel lying w ithin a residential zone, the yard w idth shall be equal to that
required by the provisions of the residential zone established on the abutting
property.
K.Signs.(See section 3.5.)
L.Site Management. The property ow ner is responsible for proper control of vendors,
site management, removal of garbage and parking of additional vehicles.
1.Trash. The property ow ner shall provide trash receptacles and w aste removal
for customers and mobile vendors.
a.On-Site Dumpsters. O n-Site Dumpsters shall be screened in
accordance w ith subsection 3.02.120.
M.Storm Water R etention. All storm-water retention shall follow City of Rexburg
Engineering Standards. (See Appendix B.)
N.Utilities. U tility service connections are permitted.
O.
SECTION 8: A MEND MEN T “11.03.120 Sign Regulations” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.03.120 Sign Regulations
SECTION 9: A MEND MEN T “C.01.120 O ther R equirements” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
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C.01.120 O ther R equirements
A.Uses Within Buildings. All uses established in the H emming PRO zone shall be
conducted entirely within a fully-enclosed building except those uses deemed by the
Planning Commission to be customarily and appropriately conducted in the open, and
other uses w hich are allow ed by the Planning C ommission to be conducted in the
open through the granting of a conditional use permit. Uses customarily deemed to be
conducted in the open may include, but w ould not be limited to, service stations, ice-
skating, miniature golf, etc.
B.Landscaping.
1.Surface Parking lots (single level) a minimum of ten (10%) percent
landscaping shall be provided for all ground level surface parking lots and
shall be useable for snow storage. In addition, parking areas shall be
adequately screened from adjacent rights-of-say.
C.Signs. (See section 3.5)
D.Canopies and Marquees. Canopies and/or marquees may be extended over public
sidew alks in the H emming Pro Zone only after a conditional use permit has been
granted by the Planning C ommission for their erection, and after a revocable license
has been issued by the Rexburg City Mayor in accordance w ith the procedures
outlined herein.
1.Said marquees or canopies may be supported by columns or stanchions which
are attached to the ground w ithin the public right-of-w ay and do not extend
beyond the street curb line.
2.Canopies and marquees erected in the Hemming Pro Zone must comply w ith
all of the follow ing conditions:
a.Conditional U se Permit. A conditional use permit must first be
granted by the Planning C ommission follow ing an application
submitted to the Planning Commission. Procedure for granting a
conditional use permit for this purpose shall be in accordance w ith
Rexburg C ity C ode.
b.Commission Review . Before a license shall be issued by the City the
design of the canopy or marquee and the materials used in the
construction of said canopy or marquee shall first be review ed by the
Planning Commission in the process of granting a conditional use
permit. The Planning Commission shall not grant a conditional use
permit for any construction of such canopies or marquees unless the
follow ing is fully demonstrated to their satisfaction:
(1)D esign. The canopy or marquee is harmonious in design and
appearance with the building upon w hich it is being located,
and with the general architectural and visual theme of the
H emming Pro Zone.
(2)Canopies or marquees shall remain open and unencumbered
on three (3) sides except for required supporting columns,
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stanchions, or architectural features approved by the Planning
Commission.
(3)Materials. The canopy or marquee will be constructed of
materials contained on the materials list for the H emming Pro
Zone approved by resolution of the City Council.
(4)Objective. The canopy or marquee will tend to improve the
visual environment of the City, w ill not be harmful to any
existing tree or landscaping element, w ill increase downtown
property values, and will promote the objectives and
characteristics of the Hemming Pro Zone as set forth herein.
(5)Support. The location of supporting columns or stanchions
w ill not obstruct pedestrian traffic on the sidewalk, and w ill
not materially affect existing landscaping or street furniture
installations in the public right-of- w ay.
(6)Landscaped A rea. In the event that no public landscaping
exists in the area adjacent to said canopy or marquee, the
Planning Commission shall require the provision of a
landscaped and planted area no less than four (4’) feet in
w idth and no greater than six (6’) feet in w idth to be planted
w ith materials as part of the granting of a conditional use
permit. This planting shall be provided at least the full w idth
of the canopy or marquee installation.
(7)Building C ode. All canopy or marquee installations w ill be
in full conformance w ith the provisions of the latest edition of
the U niform Building Code as adopted by Rexburg City.
3.License. A license shall be obtained from the City permitting such
construction. Conditions deemed appropriate by City may be imposed upon
the granting of a license.
a.Revoke. Said license may be revoked after ninety (90) days of written
notice to the licensee, at w hich time all improvements must be
removed from the public right-of-w ay at the full expense of said
licensee.
b.The City right-of-way shall be restored by the licensee at his own
expense to a condition equivalent or better than that existing in the
remainder of the block face, and to a condition satisfactory and
acceptable to the Mayor.
4.Maintenance. The licensee shall agree to save and hold harmless the C ity on
any and all damage to any property or person arising from the construction
and maintenance of such canopies or marquees.
a.Licensee shall assume and pay all costs of installation, maintenance,
and removal of said canopy or marquee.
b.The licensee shall agree to pay damages and hold the C ity harmless
from any claim that may arise through the licensee's use of public
Page 8
property for this purpose.
E.Right-of-Way. In no event shall any portion of the public right-of-w ay be used for
commercial storage, display, or other private use.
1.The construction of any canopy or marquee under the provisions of this
Section shall in no w ay deprive the public of use of the public right-of-w ay.
F.Trash Storage. (See 3.02.120.)
G.Walls and Fences.
1.Front Yard. N o w all, fence, or opaque hedge or screening material higher
than thirty-six (36”) inches shall be maintained w ithin a required front yard
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 driveway or alley.
2.R esidential. The follow ing standards shall apply in all residential projects in
the H emming PRO zone:
a.Front Yard. Solid w alls, fences, hedges or screening materials which
are sight obscuring may be built to a maximum of three (3’) feet in
any required front yard perimeter. Walls, fences, hedges or screening
materials w hich are not sight obscuring (at least 50% open) may be
built to a maximum of six (6’) feet in a front yard.
b.Side Yard. Solid, sight obscuring fences or w alls may be built to a
maximum of three (3) feet but may slope upw ard to connect w ith a
higher rear yard fence. The sloped length may not exceed one section
or a maximum of ten (10’) feet.
c.Rear Yard. Walls and fences in a rear yard may exceed six (6’) feet
provided that a building permit is first obtained from the B uilding
Inspection D ivision prior to construction.
d.Corner Lots. A fence not more than six (6’) feet high may be
constructed in a side yard adjacent to a public street on a corner lot,
provided it does not extend into the clear vision area of a corner lot as
defined by Rexburg C ity Code.
e.Entryways. Entry treatments to private drivew ays or subdivision
development entrances may not exceed six (6’) feet at the highest
point, except lamps on pillars.
(1)Pillars. Pillars shall be allow ed to extend up to eighteen (18”)
inches above the allowable height of a fence provided that the
pillars shall have a minimum spacing of no less than six feet,
measured face to face.
f.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 w hich it is located.
g.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
Page 9
properties, such retaining w all may be topped by a fence, w all or
hedge of the same height that w ould otherwise be permitted at the
location if no retaining w all existed.
h.Privacy Walls. Privacy w alls which project into a required front yard
will be subject to staff review.
i.Double Frontage Lots. A fence or w all may be erected in the rear
yard of a double frontage lot subject to staff review.
j.Exceptions. The provisions of this Section shall not apply to certain
other fences such as 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 City
Code or other C ity ordinances. All other exceptions must obtain
Planning Commission approval.
H.Sidew alk C afes. A sidewalk café shall be permitted if the follow ing requirements are
met:
1.A n applicant submits scaled plans demonstrating that the café w ill conform to
the following development standards:
a.Pedestrians. At least six (6’) feet of clear, unobstructed sidew alk
width will remain available for pedestrian use.
b.Sidew alk Obstructions. A six (6’) feet clearance shall be required
betw een any portion of the café area and any sidewalk obstructions
such as tree w ells, street signs, utility poles, new spaper racks,
benches, kiosks, drinking fountains and landscaped areas.
c.Aw nings. Aw nings associated w ith the café will be installed in
accordance w ith the U niform Building Code.
d.Barriers. If the sidewalk café is limited to one row of tables and
chairs parallel to the building, no barriers w ill be erected to impede
access.
e.Furnishings. Tables, chairs and other furnishings associated with the
café will be located directly adjacent to the building and ground floor
space in which food or drink is prepared.
(1)If a sidewalk café is designed to have more than one such
row of tables and chairs, a non-sight obscuring removable
barrier not more than three (3’) feet high enclosing the tables
and chairs shall be constructed.
(2)Barrier gates shall not swing into the required unobstructed
sidew alk area required in subsection (b) above.
f.Hours. H ours of café use w ill be limited to not earlier than 7:00 A .M.
and not later than 11:00 P.M. and w ill not exceed the operating hours
of the associated eating or drinking establishment.
g.Insurance. Insurance w ill be continuously maintained to adequately
co-insure Rexburg City against any liability associated w ith the
sidew alk café, as reasonably determined by the City. The insurance
Page 10
certificate shall name the City as an “additional insured.” Cancellation
of such insurance shall require at least thirty (30) days prior notice to
the City.
h.Liability. Rexburg City, its officers, agents and employees, w ill be
held harmless from any claims, causes of action, injuries, losses,
damages, expenses, fees and costs, including attorneys’ fees,
associated or arising from the operation of the café.
i.Maintenance. The Café owner and operator will maintain the
sidew alk café and surroundings w ill be maintained in a neat and clean
condition at all times.
j.Repair. The café ow ner and operator w ill be responsible for repair of
any damage done to the public sidewalk due to the installation or
removal of furnishings, barriers or other features of the sidew alk café.
k.Setback. A five (5’) feet setback w ill be maintained from the dining
area to a property or lease boundary and from the intersection of the
public sidew alk with a drivew ay, alley, street or another public
sidew alk.
l.Sidew alk R epair. The Café owner and operator will remove café
improvements if necessary for sidew alk repair or replacement, utility
maintenance, or upon failure to comply w ith the terms of the
agreement.
m.Signs. Signs associated with the café w ill be installed in accordance
with Rexburg C ity C ode.
n.Trash and Tobacco. A dequate facilities for the storage of trash and
tobacco w aste products generated by the café w ill be provided at a
convenient location.
o.Umbrellas. Umbrellas shall not extend into the required unobstructed
sidew alk area required in subsection (b) above.
2.A n agreement betw een the applicant and the City is executed and recorded
that includes the follow ing provisions:
a.No alcohol w ill be consumed on the sidew alk.
b.All tables and chairs, any barrier, and other sidew alk obstructions
associated w ith the sidew alk café w ill be removed during the time
period between one-half (½) hour after close of business to one-half
(½) hour before opening of the business.
I.Time Limits. If the Hemming Pro Zone is not proceeding w ith construction of
buildings and uses that are substantially the same as proposed and intended during the
rezone request, the C ity shall initiate a reversion to the previous zoning (most recent
prior to the PR O Zone designation).
1.This time limit shall include a forty-eight (48) month period. The time shall
begin at the adoption of the H emming PRO zone or at each phase.
2.Building Permit. Within the forty-eight (48) month period a building permit
shall be submitted that requests approval of a substantial building that is
Page 11
AY E N AY A BSE N T AB STA IN
Council President Jordan Busby
Councilmember Robert Chambers
Councilmember Tisha Flora
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
consistent with the intent of the H emming PRO Zone.
3.Phases. N o new phases shall be considered until at least fifty (50%) percent
build out has occurred on previous phases.
J.Building Code. The provisions of this Section are not intended to any way nullify or
repeal any portions of the U niform Building Code provisions.
PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL
_______________________________.
P r e s id in g O ffic e r A t t e s t
Jerry L Merrill, Rexburg Mayor, C ity
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg