HomeMy WebLinkAboutDraft_Ord - Sign Code - References - 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 “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
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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
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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
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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
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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
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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
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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
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