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HomeMy WebLinkAboutDraft_Ord - Sign Code - June 2023 - with changes 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.Animated Sign: A sign, any visible part of w hich moves, flashes, or changes color, regardless of the source of energy which causes the movement, flash, or change of color. B.Architectural Blade Sign: A roof sign or projecting sign with no legs or braces which is an integral part of the building structure, rather than an object added to or standing on the building. C.Accessory On Premise Sign: A sign, separate from the sign that identifies the business, that advertises brands or products available at the business. D.Blade Sign: A blade sign is a type of sign mounted on a building overhang for the purpose of pedestrian traffic. E.Blanketing: The partial or complete obstruction of view of the face of one sign by another sign. F.Canopy Sign: A sign which is attached parallel to the faces of or affixed to a canopy or marquee. G.Changeable C opy Panel (R eader board) Sign: A sign display, w hich is characterized by copy or illustration and may be modified at periodic intervals, regardless of method. w ith the capability of content change by means of manual or remote input. H.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. I.Directional Sign, Private: Any sign w hich serves to designate the location or direction of any place or area direction or location, including directories, private parking signs, drive-thru signs, exit and entrance signs, etc. J.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. Page 2 K.Direct-Lighted Sign: Light for a sign w hich is visible to a viewer. L.Flood L it L ighting Sign: Lighting w hich is reflected from the surface of a sign or building. M.Free standing, D etached, Monument, Pole, or Ground Signs: A sign w hich is wholly supported by columns or other vertical supports in or upon the ground (not part of the building structure). A sign connected to a pole. N.Illuminated Sign: A sign which uses a source of light for illumination. O.Indirect or Internal Lighting Sign: Lighting for w hich the source of light is located in such a manner that the light must travel through a translucent material other than the bulb or tube necessary to enclose the light source, w hich material has the effect of dispersing the light before it strikes the eye of the view er. P.Off-Premise Sign: A ny sign used for the purpose of displaying, advertising, 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. Q.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. R.Portable Sign: a A sign that is not affixed to the ground or another structure. S.Projecting Sign: A sign that projects from and is supported by a w all of a building or other structure. 1.If a sign is connected to a wall, it counts as part of w all signage 2.If a sign is connected to a pole, it counts as part of free-standing signage T.Public Service Information Sign: A sign which provides general public service information such as time, date, temperature, weather, directional information and messages of interest to the traveling public, and w hich are commonly used to augment business identification signs. U.Real E state or Property for Sale, R ent or Lease Sign: A ny temporary sign pertaining to advertising the sale, lease, or rental of land or buildings the property or premises on which it is located. V.Sign A rea: The area comprising the message portion of a sign, not including the supporting structure. W.Super Graphics Supergraphics Sign: A ny abstract mosaic, mural, painting, or graphic art technique or any combination thereof. X.Sw inging Sign: A sign which is installed on an arm or spar and is not permanently fastened to an adjacent w all or upright pole. Y.Temporary Sign: A sign w hich is intended to be displayed for no more than thirty sixty (3060) days consecutively and is not permanently affixed. Z.Under Canopy or Marquee Sign: A sign suspended below the ceiling or roof of a canopy or marquee. AA.Wall Sign: A sign connected to the w all of a building affixed parallel to the plane of the face of the building facade. Sign, B ackground A rea: The area comprising the message portion of a sign, not including the supporting structure. Page 3 Page 4 Page 5 Page 6 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 necessary means of visual communication for the public’s convenience, and businesses and individuals have the right to identify themselves and convey messages by using signs. Signs are accessory and incidental to the use of the premises w here they are located. 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. A.Objectives. 1.Balance. To provide a reasonable balance betw een the right of an individual or a business to identify itself and to convey its message, and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs. 2.C ompatibility and E conomic Health. To insure signs are compatible w ith adjacent land uses and w ith the total visual environment of the community, and the value of nearby property and economic health of the community, as a w hole are protected; and 3.C reate a Standard. To provide minimum standards for regulating the size, height, structural materials/requirements and the duration of all signs, including temporary signs and displays on the outsides of buildings visible from the public rights-of-w ay; and 4.C onsistent Enforcement. To enable the fair and consistent enforcement of these sign regulations; by regulating the location, construction, duration, number and maintenance of signs in order to enhance the aesthetic environment; and by promoting public safety, health and general w elfare, and providing for the greater good of the community. 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: Page 2 A M E N D M E N T 3.05.020 Record K eeping Three (3) copies of the sign code will be kept on file, in the offices of the C ity Clerk and the Building Department, duly certified by the C lerk, for use and examination by the public. 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 The following terms are defined in C hapter 2: Architectural Blade Aw ning B anner Billboard Blanketing Canopy Sign C hangeable Copy Panel (Readerboard) C onstruction Signs C opy Sign, Directional Sign, Free Standing, D etached, or Ground Sign, Height Sign, Illuminated Sign, Indirect or Internal Lighting Sign, Off Premise Sign, Portable Sign, Projecting Sign, Public Service Information Sign, Real Estate or Property for Sale, R ent, or Lease Sign, Super Graphics Sign, Sw inging Sign, Temporary Sign, U nder C anopy or Marquee Sign, Wall SECTION 4: A MEND MEN T “3.05.040 Permit Required” of the R exburg D evelopment Code is hereby amended as follow s: 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 this the City, or cause the same to be done, w ithout 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. Page 3 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 A permit shall not be required for a change of copy of any sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accordance w ith this Code, provided that the sign or sign structure is not altered in any w ay. 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 A n application fee shall be paid in accordance w ith the current fee schedule maintained by the City C lerk, as approved by the City Council. 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 N o person shall erect, construct or maintain any sign upon any property or building w ithout the consent of the owner or authorized representative of the owner. Page 4 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 A n application for any sign or advertising display or structure for which no specific regulation in this Ordinance is applicable shall be considered by the Planning and Zoning Commission under the C onditional U se Permit procedure as outlined in the Planning and Zoning O rdinance, and such application shall be approved or denied in harmony w ith the intent of these regulations. 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 Bbuilding department O fficial, and/or City Engineer, or Zoning Administrator, it may be immediately removed by the C ity at the expense of the owner, sign company and/or responsible party.owner ’s, sign company’s and/or responsible person’s expense. 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. 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 Page 5 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 3.05.100 Sign A pplication A.Applications. A pplications shall be submitted to the Building Department. 1.Lighting Plan. Sign applications shall include a detailed Lighting Plan that w ill be approved as part of the sign application approval. 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 CITY OF RE X BURG OR D IN A N C E N OW THER EFOR E, be it ordained by the Council of the City of Rexburg, in the State of Idaho, as follow s: SECTION 1: AMEN D MEN T “3.05.110 Standards” of the Rexburg D evelopment Code is hereby am ended as follow s: A M E N D M E N T 3.05.110 Standards A ll externally located signs visible from the public right-of-way must be located and constructed in accordance w ith the follow ing parameters., w ith respect to the location of signs out of the public right-of-w ay, the maximum height of the signs, area of signs, clearance required for signs, allow ed location of signs, allow ed sign illumination, exemptions allowed by a Conditional U se Permit, types of signs, sign permit fees, and sign permit requirements. 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-way. 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 O rdinance shall prohibit the placement of signs w ithin the sight triangle. (See Chapter 2: Sight Triangle definition.) B.Off-Premise Signs. O ff-premise signs are prohibited. 1.E xceptions. a.Political/Campaign signs. b.Real Estate signs. C.Maintenance. Signs must be maintained in good condition. 1.A bandoned Sign. A ny sign no longer associated w ith 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. Any sign that is lit, illuminated, or contains electrical components must be listed by one of OSH A 's Nationally Recognized Testing Laboratories (N RTL) as w ell as the codes adopted by the City of R exburg. (see section 3.6) E.Address Signs. A ll buildings shall have a permanently posted address (See subsection 3.02.140) , w hich shall be placed at each driveway entrance and be visible from both directions of travel along the road on which the address is located. 1.Multiple Addresses. Where multiple addresses are required at a single driveway, they shall be mounted on a single post and additional signs shall be posted at locations w here drivew ays divide. Page 2 2.T ime Frame. In all cases the address shall be posted at the beginning of construction and maintained thereafter. 3.R esidential Signs. (See subsection 3.02.140.A. for multiple unit signs.) a.The assigned address of any City residence must be posted on the structure w ithin ten (10’) feet of the entrance door facing street side. Said numbers must be readable from the street as determined by City Emergency Services. b.N ame and Address. Signs or name plates shall not exceed two (2) square feet in area and display only the name and address of the occupant. F.Construction Signs. C onstruction signs are defined as temporary and they must be removed w ithin thirty (30) days of project completion. G.Banners. A ny banners on property other than wall banners must meet and are included as part of, freestanding sign area unless considered temporary and approved by the Rexburg City Building Department. H.Fire A ccess Signage. A ll occupancies classified as commercial shall have fire access roadways posted with the proper signs at seventy-five (75’) foot intervals from the center of the fire access road. 1.C urb Painting. A dditionally, curbs shall be painted red and maintained as required by the Fire Code O fficial. I.Temporary street signs. Temporary street signs shall be installed at each street intersection w hen construction of new roadw ays allow passage by vehicles. Bridge Load Limits. Vehicle load limits shall be posted at both entrances to bridges on drivew ays and private roads. D esign loads for bridges shall be established by the C ity Engineer. J.Non-residential C ommercial Lots. 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 tow ing will be used and that parking is restricted and violators may be tow ed. K.Visitor Parking A reas. Visitor parking areas must have adequate and visible signage and text. Signs must be at least 12" x 18" and include the words "Visitor Parking Only", "Permit Parking only during **A .M. to **P.M. (based on current BYU-I curfew and visiting hours) and "A ll others may be booted and/or tow ed." SECTION 2: AMEN D MEN T “3.05.120 Sign Background A rea” of the Rexburg D evelopment Code is hereby am ended as follows: A M E N D M E N T 3.05.120 Sign Background Area When computing the area of sign background, any single piece flat sign shall be calculated by measuring one side even though both sides may be used for advertising. (For example, a 4’x 8’ flat sign will be considered a 32 square feet background area.) A.Directional Signs. If logos are put on the directional signs, they are calculated in the Page 3 area of the directional sign. In addition, the logos must be less area than the directional information to be considered a directional sign. B.Pole Signs. O n pole signs the supporting structure does not count as part of the area of the sign. The area calculated in the wind loads calculation for the pole sign is for all intents and purposes, the background area of the sign. C.V or 3-D . For V shaped signs, or any other three-dimensional sign shall have the area of sign background calculated by considering all sides of the sign facing the primary public right-of-way. This is irrespective of w hether the back sides of the signs are used for advertising. D.Wall Signs. O n w all signs, the background area of the sign is calculated by the following methods depending on w hich is most reasonably applicable as determined by the city: 1.L etters. If only letters are being put on the w all, then the area is computed by drawing rectangles around each letter to enclose the extremities of the letter, and then calculating the area enclosed within the rectangles. 2.C abinet or Flat Panel. If a cabinet or flat panel with letters is put on the wall, then the area is the area of the extremities of the flat panel or cabinet like structure. 3.Painted Sign. If an area is painted out 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 out area w ill count as advertising area. 4.Flat Plane Buildings. For flat plane building structures the wall area can only be calculated by w alls parallel and seen from one standard orthographic elevation view. No other walls can be added to this area in calculating the area of a sign allow ed for that w all. 5.D ome or C urved Buildings. For dome or curved structures the wall signs cannot exceed the prescribed area of the curved or dome like structure as seen from a standard orthographic elevation view. SECTION 3: AMEN D MEN T “3.05.130 Blade Signs” of the Rexburg D evelopment Code is hereby am ended as follow s: A M E N D M E N T 3.05.130 Blade Signs Blade signs placed betw een eleven (11’) feet and sixteen (16’) feet above sidew alk. SECTION 4: AMEN D MEN T “3.05.140 Free-Standing Signs” of the Rexburg D evelopment Code is hereby am ended as follows: A M E N D M E N T Page 4 3.05.140 Free-StandingFreestanding Signs A.Sign Height. 1.Outside of US-20 Interchange. Unless further restricted in this Sign Code, the maximum height of any free standing sign not located in the US 20 Interchange B oundaries (see figures 1, 2 & 3 below ) shall behave a maximum height of tw enty- four (24’) feet from ground level to the top of the sign. 2.C U P. O n lots w here a tw enty-four (24’) feet free-standing 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 U se Permit for a taller free- standing sign not to exceed the building height. 3.Within U S 20 Interchanges. The interchange sign boundary is defined by a fifteen hundred (1500’) feet radius drawn from the center of the highw ay interchange. a.Free-standing signs located in the US 20 Interchange boundaries (identified in figures 1, 2 &3) shall have a maximum height of fifty (50’) feet from ground levelgrade (see "grade" definition in Chapter 2) to the top of the sign. b.Each parcel located in the interchange boundary is allow ed one (1) pole w ith sign(s) that are fifty (50’) feet from grade (See “grade” definition in Chapter 2). B.Sign Size A rea. Maximum sign size is two hundred (200 sq. ft.) square feet. 1.A n eighty (80 sq. ft.) square feet sign is allow ed 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 w ould 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 whether the back side is used for advertising. 5.B anners. 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. A ny 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 w hile meeting the total allow able sign area. C.Distance. To avoid blanketing, the distance required betw een signs is calculated by dividing the total sign area by the number of signs. Page 5 3.05.140 Free-StandingFreestanding SignsA.Sign Height.1.Outside of US-20 Interchange. Unless further restricted in this Sign Code, themaximum height of any free standing sign not located in the US 20 InterchangeBoundaries (see figures 1, 2 & 3 below ) shall behave a maximum height of tw enty-four (24’) feet from ground level to the top of the sign.2.C U P. O n lots w here a tw enty-four (24’) feet free-standing sign is allow ed and thebuilding height is greater than tw enty-four (24’) feet, the maximum height of a free-standing sign may be reviewed under a C onditional U se Permit for a taller free-standing sign not to exceed the building height.3.Within U S 20 Interchanges. The interchange sign boundary is defined by a fifteenhundred (1500’) feet radius drawn from the center of the highw ay interchange.a.Free-standing signs located in the US 20 Interchange boundaries (identified infigures 1, 2 &3) shall have a maximum height of fifty (50’) feet from groundlevelgrade (see "grade" definition in Chapter 2) to the top of the sign.b.Each parcel located in the interchange boundary is allow ed one (1) pole w ithsign(s) that are fifty (50’) feet from grade (See “grade” definition in Chapter2).B.Sign Size A rea. Maximum sign size is two hundred (200 sq. ft.) square feet.1.A n eighty (80 sq. ft.) square feet sign is allow ed for any single property up to fiftythousand (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 totalallowable sign area w ould be increased by 0.0016 square feet for each square foot inexcess 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 whether the back side is usedfor advertising.5.B anners. A ny banners, other than w all banners, must meet the Freestanding Signrequirements and are included as part of freestanding sign area unless consideredtemporary and approved by the Zoning Administrator.6.D irectional Signs. A ny logos placed on a directional sign are considered part of thesign 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 w hile meeting the total allow able sign area. C.Distance. To avoid blanketing, the distance required betw een signs is calculated by dividing the total sign area by the number of signs. D.Number of Signs. Multiple signs are allowed as long as area and distance requirements are met. E.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. F.Banners. A ny banners on property other than wall banners must meet and are included as part of freestanding sign area unless considered temporary and approved by the Zoning Administrator. Page 6 D.Number of Signs. Multiple signs are allowed as long as area and distance requirements are met.E.Setback. The edge of a sign must be a minimum of five (5’) feet from the property line toensure that no portion of the sign overhangs into the right-of-w ay.F.Banners. A ny banners on property other than wall banners must meet and are included as partof freestanding sign area unless considered temporary and approved by the ZoningAdministrator. G.Section I: Free Standing, On-Premise Signs (B asic Sign Sizes & Sign Size Location Formulas) Page 7 G.Section I: Free Standing, On-Premise Signs (B asic Sign Sizes & Sign Size LocationFormulas) SECTION 5: AMEN D MEN T “3.05.150 Other Signs” of the Rexburg D evelopment Code is hereby am ended as follow s: A M E N D M E N T 3.05.150 O ther Signs Other signs. A ll devices such as search lights, twirling or sandw ich type signs, sidewalk or curb signs and balloons or other air or gas filled figures are allow ed, but may not be used more than sixty (60) days in total during any calendar year. SECTION 6: AMEN D MEN T “3.05.160 Temporary Signs” of the Rexburg D evelopment Code is hereby am ended as follow s: A M E N D M E N T 3.05.160 Temporary Signs A.Examples. For Sale/Rent/Lease, Political/Campaign, G arage/yard sale, Banners, Advertising Feather Flags, sidewalk signs (A -frame Sandwich boards), oversized balloons, and tw irling, dancing or other air or gas filled figures. B.Time L imit. Temporary signs shall A sign w hich is intended to be displayed for no more than thirty(30)sixty (60) days consecutively, and is not permanently affixed. Page 8 SECTION 5: AMEN D MEN T “3.05.150 Other Signs” of the RexburgDevelopment Code is hereby am ended as follow s:A M E N D M E N T3.05.150 O ther SignsOther signs. A ll devices such as search lights, twirling or sandw ich type signs, sidewalk orcurb signs and balloons or other air or gas filled figures are allow ed, but may not be used morethan sixty (60) days in total during any calendar year.SECTION 6: AMEN D MEN T “3.05.160 Temporary Signs” of the RexburgDevelopment Code is hereby am ended as follow s:A M E N D M E N T3.05.160 Temporary SignsA.Examples. For Sale/Rent/Lease, Political/Campaign, G arage/yard sale, Banners, Advertising Feather Flags, sidewalk signs (A -frame Sandwich boards), oversized balloons, and tw irling, dancing or other air or gas filled figures. B.Time L imit. Temporary signs shall A sign w hich is intended to be displayed for no more than thirty(30)sixty (60) days consecutively, and is not permanently affixed. Temporary signs are only intended for and allowed in non-residential zones. 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.C onstruction 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-two (32 sq. ft.) square feet unless otherw ise approved by the Zoning Administrator. 1.E xception. 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) E.Maintenance. Signs must be maintained in good condition as to color and material integrity. F.Review by Planning & Zoning. U nless otherwise regulated in this code, (such as construction sign or real estate or property for sale, rent or lease sign) temporary signs must be reviewed by the Zoning Administrator or designee for approval before being put up. G.Recorded at C ity. Temporary signs must be recorded and logged in at the city with the approval of the Zoning A dministrator or designee. H.In general, temporary signs are reserved for limited activities important to the citizens of the City of Rexburg. 1.L ocation. Signs shall be located outside of the city right-of-way. 2.Size. Signs shall be thirty-two (32) sq. ft. or less. 3.Good Taste. Signs shall be in good taste for the surrounding environment. 4.Maintenance. Signs must be maintained in good condition as to color, material integrity (fraying, tearing, etc.), and structural alignment. I.Signs located w ithin the City right-of-way and authorized by the City are exempt from these regulations. J.Temporary Signs for Big Events. Examples of uses of temporary signs are for big events such as the International D ance Festival, R exburg Rush, close out sales, going out of business sales, or other events held at limited allotted times of year. SECTION 7: AMEN D MEN T “3.05.170 Wall Banners” of the R exburg D evelopment Code is hereby am ended as follow s: A M E N D M E N T 3.05.170 Wall Banners A.Temporary Wall Banners. Wall banners up displayed for sixty (60) days or less are considered temporary. ; all others are considered permanent and shall adhere to Page 9 Temporary signs are only intended for and allowed in non-residential zones.1.Temporary signs related to a specific event, including elections, are limited tobeing displayed no more than forty-five (45) days prior to the event, and mustbe removed w ithin forty-eight (48) hours after the event.2.C onstruction signs are defined as temporary and must be removed withinthirty (30) days of project completion.C.Prohibited Locations. Temporary signs must remain outside of the sight triangle andmay 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-two (32 sq. ft.) square feet unlessotherwise approved by the Zoning Administrator.1.E xception. Sale/Rent/Lease signs in low residential zones are limited to amaximum size of six (6 sq. ft.) square feet and are limited to six (6') feet inheight. (see subsection 3.05.190)E.Maintenance. Signs must be maintained in good condition as to color and materialintegrity.F.Review by Planning & Zoning. U nless otherwise regulated in this code, (such asconstruction sign or real estate or property for sale, rent or lease sign) temporary signsmust be reviewed by the Zoning Administrator or designee for approval before beingput up.G.Recorded at C ity. Temporary signs must be recorded and logged in at the city withthe approval of the Zoning A dministrator or designee.H.In general, temporary signs are reserved for limited activities important to the citizensof the City of Rexburg.1.L ocation. Signs shall be located outside of the city right-of-way.2.Size. Signs shall be thirty-two (32) sq. ft. or less.3.Good Taste. Signs shall be in good taste for the surrounding environment.4.Maintenance. Signs must be maintained in good condition as to color,material integrity (fraying, tearing, etc.), and structural alignment.I.Signs located w ithin the City right-of-way and authorized by the City are exempt fromthese regulations.J.Temporary Signs for Big Events. Examples of uses of temporary signs are for bigevents such as the International D ance Festival, R exburg Rush, close out sales, goingout of business sales, or other events held at limited allotted times of year.SECTION 7: AMEN D MEN T “3.05.170 Wall Banners” of the R exburgDevelopment Code is hereby am ended as follow s:A M E N D M E N T 3.05.170 Wall Banners A.Temporary Wall Banners. Wall banners up displayed for sixty (60) days or less are considered temporary. ; all others are considered permanent and shall adhere to applicable sign standards. 1.These banners must be logged and recorded with the City of Rexburg to assure time and condition limitations are being followed. 2.Maximum coverage. These banners Temporary Wall Banners may be up 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. This tw enty (20%) percent coverage is the total of the permanent and temporary signs combined. B.Permanent Wall Banners. Any banners up displayed for more than sixty (60) consecutive days are considered permanent and must adhere to permanent w all sign standards. 1.These banners w ill be covered as aforementioned in maximum area (depending on distance from right-of-w ay (ROW) of wall signs and must have a sign permit. 2.A business wishing to have an area for w all mounted banner signs that allow for interchangeability of promotional signs may do so by providing installing a tasteful, permanent looking frame that does not include strings or other temporary looking devices. a.These “permanent” banner sign locations shall be counted towards maximum w all sign allotment, and does not include the w all banner tw enty (20%) percent provision. b.A ll framed banners shall be sized appropriately for the frames so that there shall be no gaps between sign and frame edging and so that the banner does not overhang the frame in any way. SECTION 8: AMEN D MEN T “3.05.180 Wall Signs” of the Rexburg D evelopment Code is hereby am ended as follow s: A M E N D M E N T 3.05.180 Wall Signs A.SEC TION II: Allowable Sign A reas for Wall Signs. 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 w all or walls located within zero (0') feet up to one-hundred (100') feet from the right-of-way (R O W) line. 2.100’ to 200’ from R OW. The maximum area of a wall sign allowed is tw elve (12%) percent for walls located w ithin one-hundred (100') feet to tw 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 allowed is fourteen (14%) percent of the area of the building w all for w alls located more than tw o-hundred (200') feet. from the street right-of-way (ROW) line. B.Wall A rea. The w all area is calculated using either the wall face or street frontage for each separate occupancy. If the w all containing the sign is curved, the wall area is calculated using the elevation view. C.Sign A rea. 1.C alculating the area of the sign. Page 10 applicable sign standards.1.These banners must be logged and recorded with the City of Rexburg toassure time and condition limitations are being followed.2.Maximum coverage. These banners Temporary Wall Banners may be updisplayed w ith permanent w all signs as long as the coverage does not exceedtwenty (20%) percent of the entirety of the w all. This tw enty (20%) percentcoverage is the total of the permanent and temporary signs combined.B.Permanent Wall Banners. Any banners up displayed for more than sixty (60)consecutive days are considered permanent and must adhere to permanent w all signstandards.1.These banners w ill be covered as aforementioned in maximum area(depending on distance from right-of-w ay (ROW) of wall signs and must havea sign permit.2.A business wishing to have an area for w all mounted banner signs that allowfor interchangeability of promotional signs may do so by providing installing atasteful, permanent looking frame that does not include strings or othertemporary looking devices.a.These “permanent” banner sign locations shall be counted towardsmaximum w all sign allotment, and does not include the w all bannertwenty (20%) percent provision.b.A ll framed banners shall be sized appropriately for the frames so thatthere shall be no gaps between sign and frame edging and so that thebanner does not overhang the frame in any way.SECTION 8: AMEN D MEN T “3.05.180 Wall Signs” of the RexburgDevelopment Code is hereby am ended as follow s:A M E N D M E N T3.05.180 Wall SignsA.SEC TION II: Allowable Sign A reas for Wall Signs. 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 w all or walls located within zero (0')feet up to one-hundred (100') feet from the right-of-way (R O W) line.2.100’ to 200’ from R OW. The maximum area of a wall sign allowed is tw elve(12%) percent for walls located w ithin one-hundred (100') feet to tw 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 allowed isfourteen (14%) percent of the area of the building w all for w alls located morethan tw o-hundred (200') feet. from the street right-of-way (ROW) line.B.Wall A rea. The w all area is calculated using either the wall face or street frontage for each separate occupancy. If the w all containing the sign is curved, the wall area is calculated using the elevation view. C.Sign A rea. 1.C alculating the area of the sign. a.Letters. If only letters are placed on a wall, then the area may be computed by drawing rectangles around each letter to enclose the extremities of the letter, and then calculating the enclosed area. b.C abinet 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 w ith 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. A ny 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. A ny sign projecting from a wall or building shall be placed betw een eleven (11') feet and sixteen (16’) feet above sidewalk SECTION 9: AMEN D MEN T “3.05.190 Allowable "Sign Size" A nd "Sign Permit Conditions" By Zone” of the Rexburg D evelopment Code is hereby am ended as follow s: A M E N D M E N T 3.05.190 A llow able "Sign Size" A nd "Sign Permit Conditions" BySign Specifications by Zone Type of Sign Sign Area (Sq. Ft.) Max Height (Ft) A pplicable Zones Property Setback Illumi nation R estrictions Tempo rary For Sale, Rent or Lease 6 6 TA G , R R1, RR 2, LD R1, LDR2, LD R3, RBD O utside Sight Triangle Not A llow ed 1 per street frontage, limited to 60 days 32 10 MDR1, MD R2, HDR1, H D R2, MU , C BC, RB C, LI, H I O utside Sight Triangle Not A llow ed Constru ction, Tempora ry 32 8 TA G , R R1, RR 2, LD R1, LDR2, LD R3, RBD O utside Sight Triangle Not A llow ed Maximum area of 96 sq. ft., limited to 60 days MDR1, MD R2, HDR1, H D R2,O utside Not Page 11 a.Letters. If only letters are placed on a wall, then the area may becomputed by drawing rectangles around each letter to enclose theextremities of the letter, and then calculating the enclosed area. b.C abinet or Flat Panel. If a cabinet or flat panel is used, the area maybe computed using the extremities of the structure.c.Painted Sign/Supergraphics Sign. If an area is painted in a differentshade or color on a w all (not matching the general background of therest of the building) for advertising w ith lettering or graphics, then theextremities 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 (2sq. ft.) square feet. 4.D irectional Signs. A ny logos placed on a directional sign are considered partof the sign area and must be less area than the directional information.D.Blade Signs. A ny sign projecting from a wall or building shall be placed betw eeneleven (11') feet and sixteen (16’) feet above sidewalkSECTION 9: AMEN D MEN T “3.05.190 Allowable "Sign Size" A nd "SignPermit Conditions" By Zone” of the Rexburg D evelopment Code is hereby am ended asfollows:A M E N D M E N T3.05.190 A llow able "Sign Size" A nd "Sign Permit Conditions" BySign Specifications byZoneType ofSign SignArea(Sq.Ft.)MaxHeight(Ft)A pplicableZones PropertySetback Illumination R estrictionsTemporaryForSale,Rent orLease 6 6 TA G , R R1,RR 2, LD R1,LDR2, LD R3,RBD O utsideSightTriangle NotAllowed 1 per streetfrontage,limited to 60days3210MDR1, MD R2,HDR1, H D R2,MU , C BC,RB C, LI, H I O utsideSightTriangle NotAllowed Constru ction, Tempora ry 32 8 TA G , R R1,RR 2, LD R1, LDR2, LD R3, RBD O utsideSight Triangle NotAllow ed Maximum area of 96 sq. ft., limited to 60 days MDR1, MD R2, HDR1, H D R2,O utside Not 32 12 MU , C BC, RB C, LI, H I Sight Triangle A llow ed Wall Home O ccupat ion 2 Limited by Wall TA G , R R1, RR2, RR3, LDR1, LD R2, LD R3, RBD Must be parallel to w all Not A llow ed 1 per street frontage Wall Signs 10- 14% D epen ding on locatio n from RO W Limited by Wall MDR1, MD R2, HDR1, H D R2, MU , C BC, RB C, LI, H I N/A A llow ed Blade signs require a minimum ground clearance of 11' A ccesso ry On- Premise Include d in area calcula tions 24 (50 in interch ange areas show n above) MDR1, MD R2, HDR1, H D R2, MU , C BC, RB C, LI, H I Minimum of 1' (No portion of the sign may overhang into the RO W) A llow ed N /A Private D irectio nal 6 3**A ll Zones O utside Sight Triangle A llow ed A ny logo must be smaller than the directional info Freesta nding Pole Sign See Calcul ation Table 24 (50 in interch ange areas show n above) CBC, RBC, LI, H I Minimum of 1' (No portion of the sign may overhang into the RO W) A llow ed May apply for a CUP for height greater than24'. See calculation table for distance requirements PUD , Subdivis ion Identific ation 64 8 TA G , R R1, RR 2, LD R1, LDR2, LD R3, MDR1, MD R2, HDR1, H D R2, MU Minimum of 1' (No portion of the sign may overhang into the RO W) A llow ed Maximum area of 64 sq. ft. per sign 24 (50 Minimum Page 12 32 12 MU , C BC,RB C, LI, H I SightTriangle A llowedWallHomeOccupation2Limitedby Wall TA G , R R1,RR2, RR3,LDR1, LD R2,LD R3, RBD Must beparallel towall NotAllowed 1 per streetfrontageWallSigns10-14%D ependingonlocation fromROW Limitedby Wall MDR1, MD R2,HDR1, H D R2,MU , C BC,RB C, LI, H I N/A A llowed Blade signsrequire aminimumgroundclearance of11'A ccessory On-Premise Included inareacalculations 24 (50ininterchangeareasshownabove)MDR1, MD R2,HDR1, H D R2,MU , C BC,RB C, LI, H I Minimumof 1' (Noportion ofthe signmayoverhanginto theROW)A llowed N /APrivateDirectional63**A ll Zones O utsideSightTriangle A llowed A ny logomust besmaller thanthe directionalinfoFreestandingPoleSignSeeCalculationTable24 (50ininterchangeareasshownabove)CBC, RBC, LI,H I Minimumof 1' (Noportion ofthe signmayoverhanginto theROW)A llowed May apply fora CUP forheight greaterthan24'. Seecalculationtable fordistancerequirementsPUD,SubdivisionIdentific ation 64 8 TA G , R R1,RR 2, LD R1,LDR2, LD R3,MDR1, MD R2, HDR1, H D R2, MU Minimumof 1' (Noportion ofthe signmay overhang into the RO W) A llowed Maximumarea of 64 sq.ft. per sign 24 (50 Minimum Plaza Signs See Calcul ation Table in interch ange areas show n above) MU , C BC, RBC of 1' (No portion of the sign may overhang into the RO W) A llow ed Sign space must be available for each tenant within the plaza O ff Premise Not Allowe d N ot Allowe d Not Allowed Not A llow ed Not A llow ed Not Allowed **Maximum height dependent upon type of directional sign (i.e. entrance/exit signs are a maximum of three (3’) feet in height). Zones: R R1, RR2, LDR 1, LD R2, LDR3, TA G , R BD Type Sign Area (Sq. Ft) Max Height L ocation From Property Line Lighti ng Style Restrictions (BD) or (CUP) For Rent 6 6 5 feet +None 1 per street frontage BDFor Lease For Sale H ome O ccupation 2 Limite d by Wall Must be parallel to wall None 1 per street frontage BD Construction 32 8 5 feet +None 1 or more w ith max. Total of 96 SQ. FT.BD PU D, Subdivision Identification 64 8 5 feet +Indirect Internal 1 or more w ith max. total of 64 SQ . FT.CUP D irectional 6 Code Public RO W Internal Code CUP Public Service 6 Code Public RO W Internal Code CUP A ll other signs Prohibited Zones: MD R1, MD R2, H D R1, HDR 2 Page 13 PlazaSigns SeeCalculationTable ininterchangeareasshownabove)MU , C BC,RBC of 1' (Noportion ofthe signmayoverhanginto theROW)A llowed Sign spacemust beavailable foreach tenantwithin theplazaOffPremiseNotAllowedNotAllowedNot Allowed NotAllowed NotAllowed Not Allowed **Maximum height dependent upon type of directional sign (i.e. entrance/exit signs are amaximum of three (3’) feet in height). Zones: R R1, RR2, LDR 1, LD R2, LDR3, TA G , R BDTypeSignArea(Sq. Ft)MaxHeight L ocationFromProperty Line LightingStyle Restrictions (BD)or(CUP)For Rent 6 6 5 feet +None 1 per street frontage BDFor LeaseFor SaleHomeOccupation 2 Limited byWall Must be parallelto wall None 1 per street frontage BDConstruction3285 feet +None 1 or more w ith max.Total of 96 SQ. FT.BDPUD,SubdivisionIdentification 64 8 5 feet +IndirectInternal 1 or more w ith max.total of 64 SQ . FT.CUPDirectional 6 Code Public RO W Internal Code CUPPublic Service 6 Code Public RO W Internal Code CUPAll other signsProhibited Zones: MD R1, MD R2, H D R1, HDR 2 Type Sign A rea (Sq. Ft) Max Heig ht Location From Property Line Ligh ting Style R estrictions (BD ) or (C U P) For Rent 32 10 5 feet +N on e 1 per street frontage BDFor Lease For Sale H ome O ccupation 2 Limit ed by Wall Must be parallel to w all N on e 1 per street frontage BD Construction 32 12 5 feet + Indir ect Inter nal 1 or more w ith max. 96 SQ. FT.BD PU D, Subdivision Identification 64 8 5 feet + Indir ect Inter nal 1 or more w ith max. 64 SQ. FT.CUP D irectional 6 Code N ot in Sight Triangle N on e C ode CUP Public Service 6 Code Public RO W N on e C ode CUP Project signs for Identification A ttached/detached 50 sq. ft. Max. 1 sq. ft. per 3 Lineal ft. O f bldg. 12 Bldg. w all Facing the Street Indir ect Inter nal N ot in set-back or higher than the eave line; 1 per parcel CUP A ll other signs Prohibited Zone: MU Page 14 Type Sign A rea(Sq. Ft)MaxHeight LocationFromPropertyLine LightingStyle R estrictions (BD )or(C UP)For Rent 32 10 5 feet +N one 1 per street frontage BDFor LeaseFor SaleHome O ccupation 2 LimitedbyWall Must beparallel towall N one 1 per street frontage BDConstruction32125 feet +IndirectInternal 1 or more w ith max.96 SQ. FT.BDPUD, SubdivisionIdentification 64 8 5 feet +IndirectInternal 1 or more w ith max.64 SQ. FT.CUPDirectional 6 Code N ot inSightTriangle N one C ode CUPPublic Service 6 Code PublicROW N one C ode CUPProject signs forIdentificationAttached/detached 50sq. ft. Max.1 sq. ft. per3 Lineal ft.O f bldg.12 Bldg. w allFacing theStreet IndirectInternal N ot in set-back orhigher than the eaveline; 1 per parcel CUPAll other signsProhibited Zone: MU Type Sign A rea (Sq. Ft) Max Height Location From Property Line Lightin g Style R estricti ons (BD ) or (CU P) For Rent 32 10 5 feet +N one 1 per street frontage BDFor Lease For Sale H ome O ccupation 2 Limited by Wall Must be parallel to w all N one 1 per street frontage BD Construction & Temporary 32 12 5 feet +Indirect Internal 1 or more w ith max. 96 SQ . FT. BD PU D, Subdivision Identification 64 8 5 feet +N one 1 or more w ith max. 64 SQ . FT. CU P D irectional 6 C ode N ot in Sight Triangle N one Code CU P Public Service 6 C ode Public RO W N one Code CU P A ccessory O n- Premise, Wall, Free Standing, or Canopy Marquee 50 Sq. ft. Max. 1 sq. ft. Per 3 Lineal ft. O f bldg. Less than H eight of Wall; FS Max. 12 Feet high Bldg. w all Facing the Street Indirect Internal Flood light 1 per parcel CU P O pen Lands Code C ode Code C ode Code BD A ll other signs Prohibited Zones: C BC, R BC, LI, and H I Page 15 Type SignArea(Sq. Ft)Max Height LocationFromPropertyLine Lighting Style R estrictions (BD) or(CUP)For Rent 32 10 5 feet +N one 1 perstreetfrontage BDFor LeaseFor SaleHome O ccupation 2 Limited byWall Must beparallel towall N one 1 perstreetfrontage BDConstruction &Temporary 32 12 5 feet +IndirectInternal 1 or morewith max.96 SQ .FT.BDPUD, SubdivisionIdentification 64 8 5 feet +N one 1 or morewith max.64 SQ .FT.CUPDirectional6CodeNot inSightTriangle N one Code CUPPublic Service 6 C ode PublicROW N one Code CUPAccessory O n- Premise,Wall, Free Standing, orCanopy Marquee 50 Sq.ft. Max.1 sq. ft.Per 3Lineal ft.O f bldg.Less thanHeight of Wall;FS Max. 12Feet high Bldg.w allFacingthe Street IndirectInternalFloodlight 1 perparcel CUPOpen Lands Code C ode Code C ode Code BDAll other signs Prohibited Zones: C BC, R BC, LI, and H I Type Sign A rea (Sq. Ft) Max Height Location From Property Line Lightin g Style R estrictions (B D ) or (CU P) For Rent 32 10 5 feet N one 1 per street frontage BDFor Lease For Sale Construction & Temporary 32 12 5 feet N one 1 or more with max. 96 SQ. FT. BD D irectional 6 Code Code Internal Code BD Public Service 6 Code Public ROW Internal Code CU P A ccessory; On premise;Sec. II 8 ft. over Building Single story; less than 30 feet BD Wall signs Sec. II 6 ft. over Building Buildings greater than 30 feet BD Projected Signs Sec. II Sec. II N ot in Public ROW; Blade Signs A llow ed Sec. II Sec. II Public RO W w /CU P Marquee & Canopy Sec. II No Projections Face Parallel w /sign Indirect Internal 1 per street frontage CU P U nder Marquee & C anopy Sec. II Length O nly 75% O f sign Width 8 ft. Min. Clearance To G round Code Internal 1 per Business BD N on-Accessory O ff Premise Free standing or Wall 32 10 ft. Max. Height Sec. I Sec. II Indirect Internal Floodlit 1 per property (Wall or Free Standing) CU P A ccessory O n- Premise; Free Standing Sec. I 24 ft. Max or Bldg. Height w/CUP Sec. I Indirect D irect Internal Sec. I BD or CU P Portable signs (A-frame style)Sec. I 4 ft. Max.Sec. I Not in Public ROW N one Only allow ed as Temporary Signs. BD Page 16 Type Sign A rea(Sq. Ft)MaxHeight LocationFromPropertyLine Lighting Style R estrictions (B D )or(CU P)For Rent 32 10 5 feet N one 1 per streetfrontage BDFor LeaseFor SaleConstruction &Temporary 32 12 5 feet N one 1 or morewith max.96 SQ. FT.BDDirectional6CodeCodeInternalCodeBDPublic Service 6 Code Public ROW Internal Code CU PAccessory; Onpremise;Sec. II 8 ft. overBuilding Single story;less than 30feet BDWall signs Sec. II 6 ft. overBuilding Buildingsgreater than30 feet BDProjected Signs Sec. II Sec. II N ot in PublicROW; BladeSignsAllowed Sec. II Sec. II PublicROWw/CUPMarquee &Canopy Sec. II NoProjections Face Parallelw/sign IndirectInternal 1 per streetfrontage CU PUnder Marquee& C anopy Sec. IILength O nly75% O f signWidth 8 ft. Min.ClearanceTo G round Code Internal 1 perBusiness BDNon-AccessoryOff Premise Freestanding or Wall 32 10 ft. Max.Height Sec. I Sec. II IndirectInternalFloodlit 1 perproperty(Wall orFreeStanding)CU PAccessory O n-Premise; FreeStanding Sec. I 24 ft. Maxor Bldg.Heightw/CUP Sec. I IndirectDirectInternal Sec. I BD orCUP Portable signs (A-frame style)Sec. I 4 ft. Max.Sec. I Not in Public ROW N one Only allow ed as Temporary Signs. BD AY E N AY ABSENT AB STAIN Council President Jordan Busby Councilmember Robert Chambers Councilmember Tisha Flora Councilmember Colin Erickson Councilmember Mikel Walker Councilmember Bryanna Johnson PA SSED A N D A D O PTED BY THE CITY OF R EX BUR G C O U N CIL _______________________________. 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, City of R exburg 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 U nless otherw ise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the LDR 1 zone. A.Temporary. Tw o (2) temporary signs w ith a maximum area of six (6) square feet each, pertaining to the sale, lease, or rent of the particular building, property, or premises upon which displayed, and no other. B.Points of Interest. Signs or monuments identifying points of interest or sites of historic significance. The site, size and design of said signs or monuments, shall be specifically approved by the Zoning Administrator or D esignee. C.Residence Signs. (See subsection 3.05.110.B.) 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 U nless otherw ise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the LDR 2 zone. A.Temporary. Tw o (2) temporary signs w ith a maximum area of six (6) square feet each, pertaining to the sale, lease, or rent of the particular building, property, or premises upon which displayed, and no other. B.Points of Interest. Signs or monuments identifying points of interest or sites of historic significance. The site, size, and design of said signs or monuments, shall be specifically approved by the Zoning Administrator or D esignee. C.Residence Signs. (See subsection 3.05.110.B.) Page 2 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 U nless otherw ise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the LDR 3 zone. A.Temporary. Tw o (2) temporary signs w ith a maximum area of six (6) square feet each, pertaining to the sale, lease, or rent of the particular building, property, or premises upon which displayed, and no other. B.Points of Interest. Signs or monuments identifying points of interest or sites of historic significance. The site, size, and design of said signs or monuments, shall be specifically approved by the Zoning Administrator or D esignee. C.Residence Signs. (See subsection 3.05.110.B.) 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 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.)All signs erected in the MU zone shall be in conformance with the sign provisions of the R exburg City Sign Code, except for the following: 1.Sign requirements shall apply to the MU district, w ith the follow ing exceptions: a.Pole signs are not allow ed; b.Permitted detached signs shall be monument style and shall be limited Page 3 to six (6’) feet in height. 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 w ith the following exceptions.) 1.For the purpose of this subsection the phrase “no direct vehicular access to an arterial street” shall mean a development project that has one of the follow ing: a.No drive entrances directly from an arterial into the development b.No frontage on an arterial road c.Must be accessed from a secondary road. 2.Large scale developments of at least fifty (50) acres or more having no direct vehicular access to an arterial street shall be entitled to two (2) additional free- standing, development entrance signs subject to the following standards: a.Sign C opy. Sign copy shall be limited to the name, logo, and address of the development. b.Sign L ocation. Sign location sign shall be limited to the immediate area where a secondary road connects to an arterial road w hether on private or public property. c.City-Owned Right-of-Way. A sign may be located in a landscaped or concrete median in city-owned right-of-w ay subject to: (1)Issuance of an encroachment permit (2)Resolution of all sight safety issues d.Size. Sign size shall be limited to one hundred (100) square feet. e.Height. Sign height shall be limited to twenty (20’) feet. f.Sign A rea. Sign area shall be calculated as a part of the overall free- standing sign allowances for signs over five (5’) feet. Page 4 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 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.) Signs shall be in general compliance w ith the typical signing program under the provisions applicable to home businesses. 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. Page 5 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. 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 Page 6 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. 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 Signs 3.5.) 1.U nsecured A re Prohibited. Unsecured menu boards or sidewalk signs are prohibited. 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 (See section 3.5.) Page 7 (See section 3.5.) A dequate signs and marks indicating direction, community areas, recreation areas, and street names shall be established and maintained in the Manufactured H ousing Community. 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 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. A ll signs erected in the Hemming Pro Zone shall be approved by the Planning Commission or designee prior to the issuance of a sign permit. (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 Page 8 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, 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 Page 9 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 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. Page 10 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 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. Page 11 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 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 Page 12 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 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 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