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HomeMy WebLinkAboutOrd_Misc Updates - Fall 2023 clean 11.2.23Page 1 CIT Y OF R EX BU RG ORD IN A N C E A CC ESSORY B U ILD IN GS - SEPTEMBER 2023 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 “3.02.060 Accessory” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.02.060 Accessory A ccessory structures are permitted in all zones, provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to the following: detached garages, carports, equipment storage buildings, supply storage buildings, and temporary construction storage and offices. A ccessory Building R equirements. A.All Accessory buildings shall: 1.Comply w ith all lot configuration requirements in the existing zone. 2.Comply w ith the B uilding Codes adopted by the C ity of R exburg. 3.Be an accessory to an existing primary structure or residence. 4.H ave a building footprint and height less than the main dw elling. 5.H ave facilities for the discharge of all roof drainage on to the lot or parcel on w hich it is erected. B.Residential Accessory Buildings. 1.Require a building permit if more than tw o hundred (200) square feet. 2.Front Yard. May not be placed in the front yard. 3.Side Setback. Must meet the same side setbacksidesetbackyard requirements as a principal building if larger than tw o hundred (200) square feet or taller than ten (10') feet in height. a.If less than tw o hundred (200) square feet, must be a minimum of five (5') feet from property line. 4.R ear Setback. Must be a minimum of five (5') feet from property line unless the accessory building is a garage w ith doors opening into a City-owned alley. Such garages shall be a minimum of fifteen (15') feet from the alley. C.Commercial & Industrial Accessory Buildings. 1.Require a building permit if larger than one-hundred-twenty (120) square Page 2 feet. 2.Front Yard. May not be placed in the front yard. 3.Side Setback. Must meet the same side setback requirements as a principal building if larger than one-hundred-tw enty (120) square feet or taller than ten (10’) feet in height. a.If less than one-hundred-tw enty (120) square feet, must be a minimum of five (5’) feet from property line. 4.R ear Setback. Must meet the same rear setback requirements as a principal building. D.Exception: U niversity D istrict (U D ) SECTION 2: A MEND MEN T “7.00.030 Accessory Building” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 7.00.030 Accessory Building A. Page 3 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 ORD INA NC E A D D R ESSING - OC TOBER 2023 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 “3.02.130 Addressing” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.02.130 Addressing A.All buildings shall have a permanently posted address placed in a position that is plainly legible and visible from the street or road fronting the property. 1.A ddresses w ill be assigned by the City of Rexburg. 2.Lots, blocks, and/or units show n on a plat may not be representative of the parcel's address. B.Address Markers. 1.N umbers shall be a color that is distinct from the background color. 2.Street numbers must be a minimum of four (4”) inches high and a minimum stroke width of one-half (0.5”) inch. 3.Building numbers shall be tw elve (12”) inches in height. C.Driveway Markers. (15.07.250 A ddress Identification) 1.A ddresses shall be placed at each drivew ay entrance and be visible from both directions of travel along the road on which the address is located. 2.Multiple A ddresses. Where multiple addresses are required at a single drivew ay, they shall be mounted on a single post and additional signs shall be posted at locations w here driveways divide. 3.Time Frame. In all cases the address shall be posted at the beginning of construction and maintained thereafter. 4.See Sight Triangle. 5.See Right-of-Way. D.Residential Address. 1.The assigned address of any C ity residence must be posted on the structure w ithin ten (10’) feet of the primary entrance door that faces the street side. Said numbers must be readable from the street as determined by City Emergency Services. 2.N ame and Address. Signs or name plates shall not exceed tw o (2) square feet in area and display only the name and address of the occupant. Page 2 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 E.Multi-Family D w elling A ddress. 1.When individual apartment, condominium, or tow n house structures w ithin a common complex are designated with separate addresses, individual unit numbers shall be assigned so there is no duplication of unit designations w ithin a building. 2.Multiple Floors. The first floor shall be 100 series, second floor 200 series and so on for each successive floor. Basements shall be 10 series if the next higher floor is designated the first floor, or basements shall be designated 100 series if the next level is called the second floor. F.When apartment, condominium, or tow n house complexes (more than one structure) have been assigned one address, each individual building shall also be assigned a number. 1.Building N umber. The building number shall be posted in a conspicuous location w ith the number being a minimum of tw elve (12”) inches in height in a contrasting color to the background. 2.U nit or A partment Numbers. Unit or apartment numbers shall then be assigned in the 10, 100, 200, 300, etc. series per floor. a.Commercial. When a building is commercial, these numbers are referred to as commercial “suites” instead of residential “units”. 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 3 Page 1 CIT Y OF R EX BU RG OR D IN AN CE A PPE N D IX B - SEPT EMBE R 2023 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 “A PPEN DIX B EN GINEERING STA N D A RDS” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T A PPEN DIX B EN GINEERING STA ND ARDS ENGIN EERIN G STAN DA RD S The City of Rexburg reserves the right to place on hold / shut dow n any project due to the springtime thaw. STA N D A RD EN GINEERING D RAWING S LIN K er. . Page 2 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 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 CIT Y OF R EX BU RG OR DINA NC E CHAPTER 12 FOR M BASED CODE - OCT OB ER 2023 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 DOPTION “CHA PTER 12 FORM BA SED C OD E” of the Rexburg Development Code is hereby added as follow s: A D O P T I O N CHA PTER 12 FORM BA SED C OD E(Added) R exburg C ity C enter Form B ased Code A.Core Transect B.Main Street Transect C.City Center Transect D.Residential Transect 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 INA NC E COMP PLAN D ESIGN ATION S - OCTOB ER 2023 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 “1.04.020 Amendments To This O rdinance” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 1.04.020 Amendments To This O rdinance The Council may, by ordinance, after receipt of recommendation from the Commission and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property. Such amendments may include text amendments or map revisions. A.Initiation of Ordinance Amendments. A mendments to this O rdinance may be initiated in one of the following w ays: 1.A pplication. (See subsection 1.04.010.) By the filing of an application by a property ow ner or authorized agent with the area proposed to be changed by the amendment. The applicant shall provide the Zoning A dministrator with the follow ing additional information: a.Narrative Statement. A statement on how the proposed amendment relates to the C omprehensive Plan, availability of public facilities, and compatibility with the surrounding area and zoning. b.Area of Impact. In the event an application for rezoning received by the Commission requests a rezoning of any lands that lie within one quarter (1/4) mile of any boundary of the Sugar City A rea of City Impact, the C ommission shall provide the City of Sugar C ity w ritten notice of the application for rezoning. 2.By adoption of a motion by the Commission 3.By adoption of a motion by the Council B.Zoning Map R evisions. C omprehensive Plan A mendment. If the request for zoning amendment is not in accordance w ith the Comprehensive Plan, the Commission shall consider and the Council may adopt or reject an amendment to the Comprehensive Plan after notice and hearings as provided in Section 67-6509, Idaho Code. (See following summary table for allowable zoning in Comprehensive Plan areas.) Summary Table of A ppropriate L and U ses for each C omprehensive Plan Map Designation: (A mended 6 Sept 2023 by R esolution 2023-12) Page 2 C omprehensive Plan D esignation Allow able Zoning D istrict Industrial (LI) Light Industrial (HI) Heavy Industrial Commercial/Mixed U se (RBC ) Regional B usiness Center (CBC ) Community Business Center (RBD ) Residential Business D istrict (MU ) Mixed U se H igh Residential (H DR1) High - D ensity R esidential 1 (H DR2) High - D ensity R esidential 2 (MU ) Mixed U se Intermediate Residential (LD R3) Low Density Residential 3 (MD R1) Medium Density Residential 1 (MD R2) Medium D ensity Residential 2 Low Residential (RR1) R ural R esidential 1 (RR2) R ural R esidential 2 (TA G) Transitional A griculture (LDR 1) Low Density Residential 1 (LDR 2) Low Density Residential 2 O pen Spaces/U niversity (U D) U niversity D istrict (O S) O pen Space (PF) Public Facilities City Center FormTransectForm-B ased (MST) Main Street Transect (CCT) City Center Transect(CT) C ore Transect (RT) Residential Transect C.Commission Consideration. In evaluating requests for amendments, the Commission shall consider, in addition to conformance w ith the Comprehensive Plan as required by Section 67-6511, Idaho code, the following: 1.The capacity of existing public streets, w ater and sewer facilities, storm drainage facilities, solid w aste collection and disposal, and other utilities. 2.The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, parks and recreational services. 3.The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. Page 3 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 4.Recent changes in land use on adjoining properties or in the neighborhood of the map revision. D.Other Material R ecommendations. Following the hearing, if a material change in the ordinance is recommended, other than that published for the present hearing, further notice and hearings shall be provided before the Commission forw ards its recommendation to the Council. 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 R EX BU RG ORD INA NC E LOT C ON FIG/DENSITY /SET BA CKS - A UGUST 2023 N OW THE REFOR E, 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 “3.02.080 Exception To Setback Requirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.02.080 Exception To Setback Requirements A.When fifty (50%) percent or more of the lots on the same side of the street have been built, all buildings erected, established, or rebuilt shall be in conformity with the averaged setback of such buildings. 1.Parking and maneuvering areas are not included in the calculation of this exception nor shall these areas be granted an exception to the required front yard setbacks. B.The follow ing structures may be erected on or projected into any required setback or right-of-w ay: C.Fences and walls in conformance w ith the Rexburg City Code and Ordinances. D.Landscape elements including trees, shrubs, agricultural crops and other plants. E.N ecessary appurtenances for utility. Permitted Building Projections w ith C onditions. The structures listed below may project into a minimum front or rear yard not more than four (4’) feet, and into a minimum side yard not more than two (2’) feet. A.Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features. B.Stairw ays, balconies, door stoops, fire escapes, fireplaces, awnings and planter boxes or other similar structures. C.Provided they do not exceed thirty (30”) inches in height from the natural grade. D.Provided they are not w ider than eight (8’) feet and are generally parallel to the w all of w hich they are a part. E.U ncovered steps or a deck may not extend into the front setback more than one-third of the required setback. U nderground Structures. Underground structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the grade of the yard by more than two (2’) feet. A.Public Utility E asements. B uilding structures shall not encroach in Public U tility Page 2 Easements. C arports or L oading Dock. Carports and loading docks are allow ed in a side yard or rear yard, provided that such a structure is not more than one (1) story in height and twenty-four (24’) feet in length and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features. SECTION 2: A MEND MEN T “3.02.90 Screening A nd Landscaping” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.02.90 Screening And Landscaping The follow ing are minimum standards. A dditional landscaping elements may be allowed as per review by the Zoning A dministrator or D esignee. Screening and fences within the City shall be constructed and maintained in conformance w ith the follow ing standards: A.Landscaping. Plant material size (minimum), at time of planting: 1.D eciduous trees- Tw o (2”) inch caliper around the trunk of the tree 2.Evergreen trees- Seven (7’) feet in height from root collar to top of tree crow n 3.Shrubs- Five (5) gallon containers 4.Landscaping must be maintained as in its original design and purpose. B.Buffers. Buffers shall be separate from the city right-of-w ay and consist of a minimum five (5') feet w ide landscape strip to be planted w ith ground cover, one (1) deciduous tree and five (5) shrubs, per thirty (30') lineal feet. (For com mercial see subsection 3.04.060.5.c.) C.Landscape Strip. In all zones, the area betw een the curb and gutter and the sidewalk is to be landscaped, per Rexburg Engineering Street Cross Sections, by the adjacent property ow ner. 1.Landscaping shall be maintained by the adjacent property owner. 2.Columnar trees shall not be in the landscape strip 3.If applicable, an irrigation system is required and is the responsibility of the property ow ner as is the maintenance of the landscaped areas. 4.Mixed Use. D eciduous trees with a minimum caliper of tw o (2") inches and a maximum spacing of tw enty (20') feet are required in Mixed U se Zones. D.Parking A reas. (See subsection 3.04.060.A.) E.C ommercial/Industrial U ses. Where a commercial or industrial use adjoins residential zones, or undeveloped land shown as a residential use on the Comprehensive Plan, there shall be provided along the abutting property line, a yard equal in w idth to that required in the residential zone. 1.The yard shall be planted w ith a combination of trees, low shrubs, and ground cover, and/or a suitable fence otherw ise in compliance with this ordinance of Page 3 sufficient height and density to screen the two parcels, as specified by the Planning and Zoning Commission. F.High D ensity R esidential U ses. 1.Where a lot in the H DR1 or HRD 2 district adjoins a lot (not a right-of-w ay) in the LD R or MD R zones or unincorporated and designated as single-family on the Comprehensive Plan map, a five (5’) feet w ide landscaped buffer shall be provided on said property line. (See A of this subsection for tree and bush sizes.) 2.When a public street is located between the front lot line of the HD R zone and a single-family zone, a landscaped buffer seven (7’) feet w ide or as required for front yard setbacks, w hichever is greater, shall be constructed and maintained on the front lot line. G.20 Corridor. A ll development adjacent to the Highway 20 right-of-w ay must submit an Infrastructure Plan to the Zoning Administrator or designee to be approved for design prior to obtaining a building permit. 1.Landscape Buffer. Parcels directly adjacent to the Highw ay 20 right-of-way must have buildings buffered with deciduous two (2”) inch caliper trees at tw enty (20’) feet spacing and tw o (2) shrubs betw een trees. 2.C ommercial D esign Standards. Building facades adjacent to Highway 20 right-of-w ay w hich meet the requirements of commercial design standards (including “eyes to the street” requirements) found in section 7.0 may reduce buffering to deciduous tw o (2”) inch caliper trees at fifty (50’) feet spacing and eight (8) shrubs betw een trees. 3.Setback. A minimum setback of twenty-five (25’) feet is required from any building to the H ighway 20 right-of-w ay or a one-to-one setback to height requirement, w hichever is greater. 4.Landscaping must be maintained. H.Open Storage Area. O pen storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped strip at least seven (7’) feet in width w ith plantings that hide the open storage (as approved by the Zoning A dministrator or designee). 1.N o front yard storage. Open storage shall not be located w ithin a required front yard. I.U tility yards. When utility yards are in zones other than Industrial or adjacent to any residential zone or commercial zone, then screening is required. 1.The screening required shall consist of a seven (7’) foot tall decorative masonry w all or otherw ise approved privacy fence by the Zoning A dministrator that is set back from the right-of-way seven (7’) feet and at the property line w hen not adjacent to the right-of-way. a.Maintenance. The area betw een the right-of-w ay and the w all shall be landscaped w ith decorative rock and shall be kept free of weeds. (1)The area between the right-of-way and the wall shall be planted with one tw o (2”) inch caliper deciduous tree and five 5-gallon bushes every thirty (30’) feet. (2)Trees and bushes required by this section shall be irrigated Page 4 with a w ater drip system. 2.Water tanks are not required to be screened. 3.Pumps and other equipment associated w ith w ater tanks w ill be in below - grade vaults, in buildings or shall be screened as utility yards. SECTION 3: A MEND MEN T “3.02.160 Sidewalks” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 3.02.160 Sidew alks A.In all zones, all buildings erected, established, or rebuilt shall be required to place sidew alks per the current City Engineering Standards. (See Appendix.B.) 1.Exempt in Transitional A griculture (TAG ) and Rural Residential 1 (RR1) zones. B.Mixed Use. Sidew alks parallel to any city street w ithin a Mixed U se (MU) zone shall be a minimum of eight (8') feet w ide. C.Sidew alk Access. Projects located w ithin Medium D ensity Residential (MD R), High D ensity Residential (H D R) or Mixed Use (MU) zones are required to demonstrate sidew alk access to the B YU -I campus and to the nearest Substantial Commercial Cluster (See definition in Chapter 2). D.Parking Lots. 1.Sidew alks. Thesidewalk shall be no less than six (6') feet w ide where parked vehicles overhang the sidew alk. 2.D rainage. Parking lots shall provide adequate drainage w hich shall not run across or cover a public sidewalk. E.When a fence is placed adjacent to a public sidew alk in residential zones and no drivew ay access exists, a one (1') foot landscape strip shall be maintained between the standard sidew alk and the fence. 1.Exempt in Mixed U se (MU ) SECTION 4: A MEND MEN T “3.04.060 Parking Area Screening A nd Safety” of the Rexburg Development Code is hereby amended as follow s: A M E N D M E N T 3.04.060 Parking A rea Screening A nd Safety A.Screening for Parking Areas. Parking must be screened from public or private right- of-way and other residential uses and from the adjoining streets to minimize the visual impact of off-street parking. Fences, hedges, berms and landscaping can be used to Page 5 screen parking areas. 1.Large Parking Lots. When large parking lots are necessary, increase the landscaping to screen the lot and divide the lot into smaller components. Significant landscape islands must be provided in the interior of large lots (over fifty (50) parking spaces). These may double as snow storage areas in w inter months. 2.Front Yard Berm B uffer. Parking lots in front yard setbacks shall be buffered w ith minimum ten (10’) feet wide, tw o (2’) feet high landscape berm planted with bushes and trees. 3.Side and R ear Yard Buffer. Buffers for parking areas shall consist of a minimum five (5’) feet w ide landscape strip to be planted w ith ground cover, one (1) deciduous tree and five (5) shrubs, per thirty (30’) lineal feet. a.A six (6') tall vinyl or masonry fence may be substituted for the landscape buffer, but not in front yards or front setbacks. b.Property ow ners may receive an easement in-lieu of this buffer. This easement w ill need to provide connectivity between parking lots and, depending on size, may require landscape islands to be placed. 4.Landscaping and Snow Storage. Parking areas of four (4) or more vehicles shall dedicate ten (10%) percent of the parking area to landscaping and snow storage. The landscaping may be interior or may be peripheral and shall include groundcover and trees. 5.Parking A reas and Existing U ses. a.R equired B uffer. (1)The buffer shall consist of a minimum five (5’) feet wide landscaped strip to be planted with one (1) tree and five (5) shrubs per thirty (30’) lineal feet. (See subsection 3.02.100.) (2)A six (6’) feet high vinyl or masonry fence may be substituted for the landscape buffer, but not in the front yard or front yard setbacks. (See subsection 3.02.100.) b.The buffer described in subsection 3.04.060.A.5.a shall be provided between parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. c.C ommercial Parking A reas. Commercial parking lots shall be separated from the city right-of-w ay w ith a minimum ten (10’) feet w ide buffer with the required landscape trees and bushes as described in subsection 3.04.060.A.5a. B.Safety. Parking spaces along the outer boundary of a parking lot shall be contained by high-back curbing or a bumper rail so placed to prevent a vehicle from extending over an adjacent property. 1.Wheel Stops. Wheel stops should be a minimum of four (4”) inches in height and w idth and six (6’) feet in length, and should be firmly attached to the ground. Placement should be a minimum of eighteen (18”) inches from property line. . Page 6 C.Lighting. All lighting for parking areas shall be directed and, w hen necessary, shielded so as not to produce direct glare on adjacent properties, and shall comply w ith the city’s 3.6 Lighting Standards. D.Parking A rea Rules per Zone: 1.Parking in Residential Zones. (See subsection 4.00.060.) 2.C onnectivity: MU , CBC, R BC , LI, PF, RBD. When possible, connectivity through parking lots of adjacent properties is required. 3.(R BD ) – R ESIDEN TIAL B USINESS DIST R ICT a.Parking areas w ithin the RBD zone are to be used by occupants of the property and customers of the property, and are not to be used by employees or customers of businesses that may be located in nearby business or commercial areas. b.RBD corner lots shall be allowed to petition for parking in side yards provided any such parking shall be buffered visually and for sound from public rights-of-way. 4.(U D) U NIVER SITY D ISTRIC T a.Permissible Lot C overage. In a UD zone, all buildings and structures, inclusive of parking lots, shall not cover more than sixty (60%) percent of the lot or parcel of land upon which they are placed. SECTION 5: A MEND MEN T “4.00.030 Sidewalks” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.00.030 Sidew alks SECTION 6: A MEND MEN T “4.01.010 Purposes A nd O bjectives” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.01.010 Purposes And Objectives The RR1 Zone is established to provide rural residential zoning for the development and protection of single family neighborhoods. This area is compatible with detached single-family dwellings, ample off-street parking w ith landscaped lawns, low building heights, low traffic volumes, and low nuisance potential reflecting a rural isolated atmosphere. Page 7 SECTION 7: A MEND MEN T “4.01.030 Lot Area” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.01.030 Lot A rea SECTION 8: A MEND MEN T “4.01.040 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.01.040 Lot Width SECTION 9: A MEND MEN T “4.01.050 Lot Depth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.01.050 Lot D epth SECTION 10: A ME ND MENT “4.01.060 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.01.060 Lot Frontage SECTION 11: A ME ND MENT “4.01.070 Lot Configuration A nd Density” of the Rexburg Development Code is hereby am ended as follows: Page 8 A M E N D M E N T 4.01.070 Lot C onfiguration And D ensity The follow ing requirements apply to any lot or parcel of land in the RR 1 zone. A.Maximum Density. The density shall not exceed one (1) single-family dwelling unit per one (1) acre. B.Lot A rea. The minimum lot area allowed is one (1) acre. C.Lot D imensions. 1.Width. The minimum lot w idth allow ed is one-hundred fifty (150') feet. 2.D epth. The minimum lot depth allow ed is one-hundred fifty (150') feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of thirty- five (35') feet. D.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than fifty (50%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one-hundred (100%) of one (1) side yard. 2.Landscaping. At least fifty (50%) percent of the area of the lot shall be maintained in landscaping. E.Setback R equirements. 1.Front Setback. The minimum front yard setback is forty (40') feet from right- of-way. 2.R ear Setback. The minimum rear yard setback is thirty (30') feet. 3.Side Setback. The minimum side yard setback is ten (10') feet. F.Building Height. 1.The maximum height of any building or structure is thirty (30') feet, measured at the top of the building's horizontal wall. G.A ccessory Buildings.(See subsection 3.02.060.) SECTION 12: A ME ND MENT “4.01.080 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.01.080 Yard Requirements Page 9 SECTION 13: A ME ND MENT “4.01.090 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.01.090 B uilding Height SECTION 14: A ME ND MENT “4.01.100 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.01.100 Permissible Lot Coverage SECTION 15: A ME ND MENT “4.01.110 Parking, Loading A nd A ccess” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.01.110 Parking, Loading And Access SECTION 16: A ME ND MENT “4.01.120 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.01.120 R eferenced Sections A.Prior Created Lots (S ee su b section 3.0 3 .07 0 .) B.Setbacks and Right-of-Way Exceptions (S ee su b section s 3.0 2 .05 0 , 3 .0 2.0 8 0​, 4 .0 0.0 0 0.) C.D istance B etw een Buildings (S e e su bsec tio n 3.0 2 .06 0 ) D.Project Plan A pproval (S ee su b section 3 .02 .12 0 1 30 .) Page 10 E.Fencing (See subsection 3.02.100110.) F.Highway 2 0 Co rridor. (See subsection 3.02.090.F.) G.The City of Rexburg right-of-w ay w idth is dictated by City Engineering Standards. H.Refer to Section 4.0 for Development Rules that apply to all Residential Zones. I.Refer to Sections 3.2-3.7 for Development Rules that apply to all Zones. SECTION 17: A ME ND MENT “4.02.010 Purposes A nd O bjectives” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.02.010 Purposes And Objectives The RR2 Zone is established to provide rural residential zoning for the development and protection of single family neighborhoods. Conditional U ses in this area shall be compatible w ith detached single-family dw ellings, ample off-street parking with landscaped law ns, low building heights, low traffic volumes, and low nuisance potential reflecting a rural isolated atmosphere. This zoning may be applied in areas where traffic flow is limited primarily to local area residents and w here the expansion of transportation to areas adjacent to the zone is not anticipated. SECTION 18: A ME ND MENT “4.02.030 Lot A rea” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.02.030 Lot A rea SECTION 19: A ME ND MENT “4.02.040 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.02.040 Lot Width Page 11 SECTION 20: A ME ND MENT “4.02.050 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.02.050 Lot D epth SECTION 21: A ME ND MENT “4.02.060 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.02.060 Lot Frontage SECTION 22: A ME ND MENT “4.02.070 Lot Configuration A nd Density” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.02.070 Lot C onfiguration And D ensity The follow ing requirements apply to any lot or parcel of land in the RR 2 zone: A. B.Maximum Density. The density shall not exceed one (2) dwelling units per one (1) acre. C.Lot A rea. The minimum lot area allowed is one-half (½) acre. D.Lot D imensions. 1.Width. The minimum lot w idth allow ed is one-hundred tw enty (120’) feet. 2.D epth. The minimum lot depth allow ed is one-hundred forty (140’) feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of thirty- five (35’) feet. E.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings and structures and impervious surfaces, shall not cover more than seventy (70%) percent of the area of the lot. a.Impervious Surface. O n any lot, concrete or asphaltic cement shall Page 12 not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. 2.Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping. F.Setback R equirements 1.Front Setback. The minimum front yard setback is tw enty-five (25’) feet from right-of-w ay. 2.R ear Setback. The minimum depth of a rear yard setback is tw enty-five (25’) feet. 3.Side Setback. The minimum side yard setback is six (6’) feet. 4.Projections. a.Side Yard Projections. No projection is allow ed w ithin a side yard setback. b.Box, Bow or Bay Window s. Box, Bow or Bay Windows, that are not wider than eight (8’) feet, may project up to one (1’) foot in a front setback and up to tw o (2’) feet in a rear setback but shall not project into a side yard. G.Building Height. 1.The maximum height of any building or structure is thirty (30') feet, measured at the top of the building's horizontal wall. H.A ccessory Buildings. (See subsection 3.02.060.) SECTION 23: A ME ND MENT “4.02.080 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.02.080 Yard Requirements SECTION 24: A ME ND MENT “4.02.090 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.02.090 B uilding Height Page 13 SECTION 25: A ME ND MENT “4.02.100 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.02.100 Permissible Lot Coverage SECTION 26: A ME ND MENT “4.02.120 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.02.120 R eferenced Sections A.Prior Created Lots (S ee su b section 3.0 3 .07 0 .) B.Setbacks and Right-of-Way Exceptions (S ee su b section s 3.0 2 .05 0 , 3 .0 2.0 8 0, 4 .0 0.0 1 0.) C.D istance B etw een Buildings (S e e su bsec tio n 3.0 2 .06 0 .) D.Fencing (S ee su bsec tio n 3.0 2.1 0 011 0 .) E.Project Plan A pproval (See subsection 3.02.120130.) F.Highway 2 0 Co rridor. (See subsection 3.02.090100.F.) G.Refer to section 4.0 for Development Rules that apply to all Residential Zones. H.Refer to sec tio n s 3 .2 -3 .7 for Development Rules that apply to all Zones. SECTION 27: A ME ND MENT “4.03.030 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.03.030 Lot Width SECTION 28: A ME ND MENT “4.03.040 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.03.040 Lot D epth Page 14 SECTION 29: A ME ND MENT “4.03.050 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.03.050 Lot Frontage SECTION 30: A ME ND MENT “4.03.060 Lot Configuration A nd Density” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.03.060 Lot C onfiguration And D ensity The follow ing requirements apply to any lot or parcel of land in the LD R1 zone. A.Maximum Density. The density shall not exceed four (4) single-family dw elling units per one (1) acre. B.Lot A rea. The minimum lot area allowed is ten thousand eight hundred ninety (10,890 sq. ft.) square feet. C.Lot D imensions. 1.Width. The minimum lot w idth allow ed is eighty (80’) feet. 2.D epth. The minimum lot depth allow ed is sixty (60’) feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of thirty- five (35') feet. D.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than seventy (70%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one-hundred (100%) percent of one (1) side yard. 2.Landscaping. At least thirty (30%) percent of the area of the lot shall be maintained in landscaping. E.Setback R equirements. 1.Front Setback. The minimum front yard setback is tw enty-five (25') feet from right-of-w ay. a.Exception. If there is a landscape strip of at least seven (7') feet, the Page 15 front yard setback may be reduced to twenty (20') feet from right-of- w ay. 2.R ear Setback. The minimum rear yard setback is twenty-five (25') feet. 3.Side Setback. The minimum side yard setback is six (6') feet. 4.Projections. a.Side Yard Projections. N o projection is allowed w ithin a side yard setback. b.Box, Bow or Bay Window s. Box, Bow or Bay Windows, that are not wider than eight (8’) feet, may project up to one (1’) foot in a front setback and up to tw o (2’) feet in a rear setback but shall not project into a side yard. F.Building Height. 1.The maximum height of any building or structure is thirty (30') feet, measured at the top of the building's horizontal wall. G.A ccessory Buildings. (See subsection 3.02.070.) SECTION 31: A ME ND MENT “4.03.070 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.03.070 Yard Requirements ast SECTION 32: A ME ND MENT “4.03.080 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.03.080 B uilding Height SECTION 33: A ME ND MENT “4.03.090 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: Page 16 A M E N D M E N T 4.03.090 Permissible Lot Coverage SECTION 34: A ME ND MENT “4.03.110 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.03.110 R eferenced Sections A.Prior Created Lots (S ee su b section 3.0 3 .07 0 .) B.Setbacks and Right-of-Way Exceptions (S ee su b section s 3.0 2 .05 0 , 3 .0 2.0 8 0 a n d 4 .0 0.0 1 0.) C.D istance B etw een Buildings (S e e su bsec tio n 3.0 2 .06 0 .) D.Parking, L oading and Access (See section 3 .4 a n d su bsec tio n 4.0 0 .0 6 0 .) E.Project Plan A pproval (S ee su b section 3 .02 .12 0 1 30 .) F.Fencing (S ee su bsec tio n 3.0 2.1 0 011 0 .) G.Highway 2 0 Co rridor. (See subsection 3.02.090.F.) H.Planned U nit Development. (See subsection 10.06.010.) I.Refer to section 4.0 for Development Rules that apply to all Residential Zones. J.Refer to sections 3.2-3.7 for Development Rules that apply to all Zones. SECTION 35: A ME ND MENT “4.04.030 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.04.030 Lot Width SECTION 36: A ME ND MENT “4.04.040 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.04.040 Lot D epth Page 17 SECTION 37: A ME ND MENT “4.04.050 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.04.050 Lot Frontage SECTION 38: A ME ND MENT “4.04.060 Lot Configuration D ensity” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.04.060 Lot C onfiguration Density The follow ing requirements apply to any lot or parcel of land in the LD R2 zone: A.Maximum Density. The density shall not exceed six (6) single-family dwelling units per one (1) acre. 1. 2.Consolidation of density may be achieved through an approved Planned Unit D evelopment or w ith designated open-space areas. B.Lot A rea. The minimum lot area allowed is seven thousand tw o hundred sixty (7,260 sq. ft.) square feet. C.Lot D imensions. 1.Width. The minimum lot w idth allow ed is sixty (60') feet. 2.D epth. The minimum lot depth allow ed is sixty (60’) feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of tw enty-four (24’) feet. D.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than seventy (70%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. 2.Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping. E.Setback R equirements. 1.Front Setback. The minimum front yard setback is tw enty-five (25’) feet Page 18 from right-of-w ay. a.Exception. When the street upon which the parcel fronts has a landscape strip of at least seven (7’) feet, the front yard setback may be reduced to tw enty (20’) feet from right-of-w ay. 2.R ear Setback. The minimum rear yard setback is twenty (20’) feet. 3.Side Setback. The minimum side yard setback is six (6’) feet. 4.Projections. a.Side Yard Projections. No projection is allow ed w ithin a side yard setback. b.Box, Bow or Bay Window s. Box, Bow or Bay Windows, that are not wider than eight (8’) feet, may project up to one (1’) foot in a front setback and up to tw o (2’) feet in a rear setback but shall not project into a side yard. F.Building Height. 1.The maximum height of any building or structure shall be thirty (30') feet, measured at the top of the building's horizontal w all. G.A ccessory Buildings. (See subsection 3.02.060.) SECTION 39: A ME ND MENT “4.04.070 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.04.070 Yard Requirements SECTION 40: A ME ND MENT “4.04.080 Setbacks A nd R ights-O f-Way Exceptions” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.04.080 Setbacks And Rights-O f-Way Exceptions SECTION 41: A ME ND MENT “4.04.090 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T Page 19 4.04.090 B uilding Height SECTION 42: A ME ND MENT “4.04.100 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.04.100 Permissible Lot Coverage SECTION 43: A ME ND MENT “4.04.120 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.04.120 R eferenced Sections A.Prior Created Lots(See subsection 3.03.070.) B.D istance B etw een Buildings (S e e su bsec tio n 3.0 2 .06 0 .) C.Parking, L oading and Access (See Section 3 .4, a nd sub se ctio n 4 .0 0.0 6 0.) D.Project Plan A pproval (S ee su b section 3 .02 .12 0 1 30 .) E.Fencing (S ee su bsec tio n 3.0 2.1 0 011 0 .) F.Highway 2 0 Co rridor. (See subsection 3.02.090.F.) G.Planned U nit Development. (See subsection 10.06.010.) H.Refer to section 4.0 for Development Rules that apply to all Residential Zones. I.Refer to sections 3.2-3.7 for Development Rules that apply to all Zones. SECTION 44: A ME ND MENT “4.05.010 Purposes A nd O bjectives” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.05.010 Purposes And Objectives The LDR3 zone is established to protect stable neighborhoods of single-family dwellings on smaller lots. The conditional uses allowed in this district shall be compatible with single-family homes on landscaped lawns, low building heights, predominantly off-street parking, low traffic volumes, and low nuisance potential. Page 20 SECTION 45: A ME ND MENT “4.05.030 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.05.030 Lot Width SECTION 46: A ME ND MENT “4.05.040 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.05.040 Lot D epth SECTION 47: A ME ND MENT “4.05.050 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.05.050 Lot Frontage SECTION 48: A ME ND MENT “4.05.060 Lot Configuration A nd Density” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.05.060 Lot C onfiguration And D ensity The follow ing requirements apply to any lot of parcel of land in the LD R3 zone. A.Maximum Density. The density shall not exceed ten (10) dwelling units per one (1) acre. 1.Consolidation of density may be achieved through an approved Planned Unit D evelopment or designated open-space areas. B.Lot A rea. The minimum lot area allowed is four thousand three hundred fifty six (4,356 sq. ft.) square feet. Page 21 C.Lot D imensions. 1.Width. The minimum lot w idth allow ed is sixty (60') feet. 2.D epth. The minimum lot depth allow ed is sixty (60') feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of twenty-four (24') feet. D.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than seventy (70%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one-hundred (100%) of one (1) side yard. 2.Landscaping. At least thirty (30%) percent of the area of the lot shall be maintained in landscaping. E.Setback R equirements. 1.Front Setback. The minimum front yard setback is tw enty-five (25') feet from right- of-way. a.Exception. When the street upon which the parcel fronts has a landscape strip of at least seven (7’) feet, the front yard setback may be reduced to tw enty (20’) feet from right-of-w ay. 2.R ear Setback. The minimum rear yard setback is twenty (20') feet. 3.Side Setback. The minimum side yard setback is six (6') feet. 4.Projections. a.Side Yard Projections. No projection is allow ed in a side yard setback. b.Box, Bow or Bay Window s. Box, Bow or Bay Windows, that are not w ider than eight (8’) feet, may project up to one (1’) foot in a front setback and up to tw o (2’) feet in a rear setback but shall not project into a side yard. F.Building Height. 1.The maximum height of any building or structure is thirty (30') feet, measured at the top of the building's horizontal w all. G.A ccessory Buildings.(See subsection 3.02.060.) SECTION 49: A ME ND MENT “4.05.070 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.05.070 Yard Requirements Page 22 SECTION 50: A ME ND MENT “4.05.090 Setbacks A nd R ights-O f-Way Exceptions” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.05.090 Setbacks And Rights-O f-Way Exceptions SECTION 51: A ME ND MENT “4.05.100 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.05.100 B uilding Height SECTION 52: A ME ND MENT “4.05.110 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.05.110 Permissible Lot Coverage SECTION 53: A ME ND MENT “4.06.010 Purposes A nd O bjectives” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.06.010 Purposes And Objectives The MDR1 zone is established to protect stable neighborhoods of single-family dwellings on smaller lots and multi-family housing. Restoration or rehabilitation of older homes in this district shall be encouraged. Conditional uses shall be compatible w ith an atmosphere of low building heights, low traffic volumes, ample off-street parking, and low nuisance potentials at a higher density than LD R zones. Page 23 SECTION 54: A ME ND MENT “4.06.030 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.06.030 Lot Width SECTION 55: A ME ND MENT “4.06.040 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.06.040 Lot D epth SECTION 56: A ME ND MENT “4.06.050 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.06.050 Lot Frontage SECTION 57: A ME ND MENT “4.06.060 Lot Configuration A nd Density” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.06.060 Lot C onfiguration And D ensity The follow ing requirements apply to any lot or parcel of land in the MD R 1 zone: A.Maximum Density. The density shall not exceed sixteen (16) dwelling units per one (1) acre. 1.Consolidation of density may be achieved through an approved Planned Unit D evelopment or designated open-space areas. B.Lot D imensions. 1.Width. The minimum lot w idth allow ed allow ed is sixty (60') feet. Page 24 2.D epth. The minimum lot depth is sixty (60') feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of twenty-four (24') feet. C.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than eighty80%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than eighty (80 (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. 2.Landscaping. At least twenty (20%) percent of the area of any lot shall be maintained in landscaping. D.Setback R equirements. 1.Front Setback. The minimum front yard setback is tw enty-five (25’) feet from right- of-way. a.Exception. When the street upon which the parcel fronts has a landscape strip of at least seven (7’) feet, the front yard setback may be reduced to tw enty (20’) feet from right-of-w ay. b.Exception. If all parking spaces are located behind the building, the front yard setback may be reduced to fifteen (15') feet. 2.R ear Setback. The minimum rear yard setback is twenty (20') feet. 3.Side Setback. The minimum side yard setback is six (6') feet or six (6") inches per one (1') foot of building height, w hichever is greater. 4.Building Height. a.The maximum height of any building or structure shall be forty (40') feet, measured at the top of the building's horizontal wall. b.A ccessory Buildings. (See subsection 3.02.070) SECTION 58: A ME ND MENT “4.06.070 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.06.070 Yard Requirements SECTION 59: A ME ND MENT “4.06.080 Setbacks A nd R ights-O f-Way Exceptions” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T Page 25 4.06.080 Setbacks And Rights-O f-Way Exceptions SECTION 60: A ME ND MENT “4.06.090 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.06.090 B uilding Height SECTION 61: A ME ND MENT “4.06.100 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.06.100 Permissible Lot Coverage SECTION 62: A ME ND MENT “4.06.110 Parking, Loading A nd A ccess” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.06.110 Parking, Loading And Access SECTION 63: A ME ND MENT “4.06.120 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.06.120 R eferenced Sections A.Prior Created Lots (See subsection 3.03.070.) B.D istance B etw een Buildings (See subsection 3.02.060.) C.Parking, L oading and Access (See section 3.4 and subsection 4.00.060.) D.Project Plan A pproval (See subsection 3.02.130.) E.Fencing (See subsection 3.02.110.) F.Highw ay 20 Corridor. (See subsection 3.02.100.F.) Page 26 G.Pedestrian Emphasis D istrict Setbacks.Setbacks are decreased as per Chapter 9, Pedestrian Emphasis D istrict.(See section 9.01.040.) H.R esidential D esign Standards (See subsection 4.00.050.) I.Planned U nit Development. (See subsection 10.06.010.) J.Lighting Standards are applicable as described in section 3.6. K.Refer to section 4.0 for Development Rules that apply to all Residential Zones. L.Refer to sections 3.2-3.7for Development Rules that apply to all Zones. M.Sidew alk Access. (See 3.04.060.C.) SECTION 64: A ME ND MENT “4.07.030 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.07.030 Lot Width SECTION 65: A ME ND MENT “4.07.040 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.07.040 Lot D epth SECTION 66: A ME ND MENT “4.07.050 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.07.050 Lot Frontage SECTION 67: A ME ND MENT “4.07.060 Lot Configuration A nd Density” of the Rexburg Development Code is hereby am ended as follows: Page 27 A M E N D M E N T 4.07.060 Lot C onfiguration And D ensity The follow ing requirements apply to any lot or parcel of land in the MD R2 zone: A.Maximum Density. The maximum density is twenty (20) dwelling units per one (1) acre. 1.Consolidation of density may be achieved through an approved Planned Unit D evelopment or designated open-space areas. B.Lot D imensions. 1.Width. The minimum lot w idth allow ed is sixty (60’) feet. 2.D epth. The minimum lot depth allow ed is sixty (60’) feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of tw enty-four (24’) feet. 4.Permissible Lot C overage. a.Building C overage. All buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than eighty (80%) percent of the area of the lot. (1)Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. b.Landscaping. A t least tw enty (20%) percent of the area of the lot shall be maintained in landscaping. C.Setback R equirements. 1.Front Setback. The minimum front yard setback is tw enty-five (25’) feet from right-of-w ay. a.Front Yard Reduced Setback. When the street upon which the parcel fronts has a landscape strip of at least seven (7’) feet, the front yard setback may be reduced to tw enty (20’) feet from right-of-w ay. b.R educed Setback for Parking. If all parking spaces are located behind the building, the front yard setback may be reduced to fifteen (15') feet. 2.R ear Setback. The minimum rear yard setback is twenty (20’) feet. 3.Side Setback. The minimum side yard setback is six (6') feet or six (6") inches per one (1') foot of building height, whichever is greater. a.Side Yard Reduced Setback. A setback of ten (10’) feet shall be allowed w ithin side yards that abut other MDR zones, H D R zones, Commercial zones, or Mixed-Use zones, regardless of building height. D.Building Height. The maximum height of any building or structure shall be forty (40') Page 28 feet, measured at the top of the building's horizontal w all. E.A ccessory Buildings. (See subsection 3.02.060.) SECTION 68: A ME ND MENT “4.07.070 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.07.070 Yard Requirements SECTION 69: A ME ND MENT “4.07.080 Setbacks A nd R ights-O f-Way Exceptions” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.07.080 Setbacks And Rights-O f-Way Exceptions SECTION 70: A ME ND MENT “4.07.090 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.07.090 B uilding Height SECTION 71: A ME ND MENT “4.07.100 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.07.100 Permissible Lot Coverage SECTION 72: A ME ND MENT “4.07.110 Parking, Loading A nd A ccess” of the Rexburg D evelopment C ode is hereby am ended as follow s: Page 29 A M E N D M E N T 4.07.110 Parking, Loading And Access SECTION 73: A ME ND MENT “4.07.120 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.07.120 R eferenced Sections A.Prior Created Lots (See subsection 3.03.070.) B.D istance B etw een Buildings (See subsection 3.02.060.) C.Parking, L oading and Access (See section 3.4 and subsection 4.00.060.) D.Project Plan A pproval (See subsection 3.02.130.) E.Fencing (See subsection 3.02.110.) F.Highw ay 20 Corridor. (See subsection 3.02.100.F.) G.R esidential D esign Standards (See subsection 4.00.050.) H.Planned U nit Development. (See subsection 10.06.010.) I.Lighting Standards are applicable as described in section 3.6. J.Refer to section 4.0 for Development Rules that apply to all Residential Zones. K.Refer to sections 3.2-3.7 for Development Rules that apply to all Zones. L.Sidew alk Access.(See 3.04.060.C.) SECTION 74: A ME ND MENT “4.08.030 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.08.030 Lot Width SECTION 75: A ME ND MENT “4.08.040 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.08.040 Lot D epth Page 30 SECTION 76: A ME ND MENT “4.08.050 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.08.050 Lot Frontage SECTION 77: A ME ND MENT “4.08.060 Lot Configuration A nd Density” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.08.060 Lot C onfiguration And D ensity The follow ing requirements apply to any lot or parcel of land in the HD R1 zone: A.Maximum Density. The maximum density shall not exceed thirty (30) dwelling units per one (1) acre. 1. For D ormitory or Congregate Residential uses, regardless of actual number of dw ellings, the density shall not exceed one-hundred-eighty (180) individuals per acre. 2.PE D. The Pedestrian Emphasis D istrict (PED ) density is regulated by the U niversity, the adopted B uilding Code, and any requirements imposed as part of the required C U P. (See section 9.1.) B.Lot A rea. The minimum lot area allowed is one-half (½) acre. C.Lot D imensions. 1.Width. The minimum lot w idth allow ed is one-hundred-eighty (180') feet. 2.D epth. The minimum lot depth allow ed is sixty (60') feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of tw enty-four (24') feet. D.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than eighty (80%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. 2.Landscaping. At least twenty (20%) percent of the area of any lot shall be maintained in landscaping. E.Setback R equirements. 1.Front Setback. The minimum front yard setback is ten (10’) feet from right- Page 31 of-way and a landscape strip of at least seven (7') feet must be present. a.Sight Triangle. (See subsection 3.02.05) b.Parking. (See section 3.4) 2.R ear Setback. The minimum rear yard setback is twenty (20') feet. 3.Side Setback. The minimum side yard setback is six (6') feet or six (6") inches per one (1') foot of building height, whichever is greater. 4.Projections. a.U nderground Parking Structures. Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the grade of the yard by more than two (2') feet. F.Building Height. 1.The maximum height of any building or structure shall be fifty-five (55') feet, measured at the top of the building's horizontal w all. 2.A ccessory Buildings.(See subsection 3.02.060) SECTION 78: A ME ND MENT “4.08.070 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.08.070 Yard Requirements SECTION 79: A ME ND MENT “4.08.080 Setbacks A nd R ights-O f-Ways” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.08.080 Setbacks And Rights-O f-Ways SECTION 80: A ME ND MENT “4.08.090 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.08.090 B uilding Height Page 32 SECTION 81: A ME ND MENT “4.08.100 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.08.100 Permissible Lot Coverage SECTION 82: A ME ND MENT “4.08.110 Parking, Loading A nd A ccess” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.08.110 Parking, Loading And Access SECTION 83: A ME ND MENT “4.08.120 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.08.120 R eferenced Sections A.Prior Created Lots(See subsection 3.03.070.) B.D istance B etw een Buildings (See subsection 3.02.060.) C.Project Plan A pproval (See subsection 3.02.120130.) D.Fencing (See subsection 3.02.100110.) E.Highw ay 20 Corridor. (See subsection 3.02.090.F.) F.Buffers. (See subsection 3.02.100.) G.R esidential D esign Standards (See subsection 4.00.050.) H.Pedestrian Emphasis D istrict (See section 9.1.) I.Lighting Standards are applicable as described in section 3.6. J.Refer to section 4.0 for Development Rules that apply to all Residential Zones. K.Refer to sections 3.2-3.7 for Development Rules that apply to all Zones. L.Sidew alk Access.(See 3.04.060.C.) M.Parking, L oading and Access(See section 3.4 and subsection 4.00.060.) Page 33 SECTION 84: A ME ND MENT “4.09.030 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.09.030 Lot Width SECTION 85: A ME ND MENT “4.09.040 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.09.040 Lot D epth SECTION 86: A ME ND MENT “4.09.050 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.09.050 Lot Frontage SECTION 87: A ME ND MENT “4.09.060 Lot Configuration A nd Density” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.09.060 Lot C onfiguration And D ensity The follow ing requirements apply to any lot or parcel of land in the HD R2 zone: A.Maximum Density. The maximum density shall not exceed forty-tw o (42) units per one (1) acre. 1.For D ormitory or Congregate Residential uses, regardless of actual number of dw ellings, the density shall not exceed tw o-hundred-fifty-tw o (252) Page 34 individuals per acre. 2.The Pedestrian Emphasis D istrict (PED) density is regulated by the U niversity, the adopted B uilding Code, and any requirements imposed as part of the required C U P. (See section 9.1.) B.Lot A rea. The minimum lot area allowed is one-half (½) acre. C.Lot D imensions. 1.Width. The minimum lot w idth allow ed is one-hundred-eighty (180') feet. 2.D epth. The minimum lot depth allow ed is sixty (60') feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of tw enty-four (24') feet. D.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than eighty (80%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. 2.Landscaping. At least twenty (20%) percent of the area of any lot shall be maintained in landscaping. E.Setback R equirements. 1.Front Setback. The minimum front yard setback is ten (10’) feet from right- of-way and a landscape strip of at least seven (7') feet must be present. a.Sight Triangle. (See subsection 3.02.05) b.Parking. (See section 3.4) 2.R ear Setback. The minimum rear yard setback is twenty (20') feet. 3.Side Setback. The minimum side yard setback is six (6') feet or six (6") inches per one (1') foot of building height, whichever is greater. 4.Projections. a.U nderground Parking Structures. Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the grade of the yard by more than two (2') feet. F.Building Height. 1.The maximum height of any building or structure shall be fifty-five (55') feet, measured at the top of the building's horizontal w all. 2.A ccessory Buildings.(See subsection 3.02.060) SECTION 88: A ME ND MENT “4.09.070 Yard R equirements” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T Page 35 4.09.070 Yard Requirements SECTION 89: A ME ND MENT “4.09.080 Setbacks A nd R ights-O f-Way Exceptions” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.09.080 Setbacks And Rights-O f-Way Exceptions SECTION 90: A ME ND MENT “4.09.090 Building H eight” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.09.090 B uilding Height SECTION 91: A ME ND MENT “4.09.100 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.09.100 Permissible Lot Coverage SECTION 92: A ME ND MENT “4.09.110 Parking, Loading A nd A ccess” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 4.09.110 Parking, Loading And Access SECTION 93: A ME ND MENT “4.09.120 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T Page 36 4.09.120 R eferenced Sections A.Prior Created Lots(See subsection 3.03.070.) B.D istance B etw een Buildings (See subsection 3.02.060.) C.Project Plan A pproval (See subsection 3.02.130.) D.Fencing (See subsection 3.02.110.) E.Highw ay 20 Corridor. (See subsection 3.02.100.F.) F.Buffers. (See subsection 3.02.100.) G.R esidential D esign Standards (See subsection 4.00.050.) H.Pedestrian Emphasis D istrict (See section 9.1.) I.Lighting Standards are applicable as described in section 3.6. J.Refer to section 4.0 for Development Rules that apply to all Residential Zones. K.Refer to sections 3.2-3.7 for Development Rules that apply to all Zones. L.Sidew alk Access.(See 3.04.060.C.) M.Parking, L oading and Access(See section 3.4 and subsection 4.00.060.) SECTION 94: A ME ND MENT “5.01.010 Purpose A nd O bjectives” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.010 Purpose A nd Objectives It is the purpose and intent of the Mixed Use (MU ) zone to allow flexibility where a variety of housing types may exist among neighborhood-serving commercial and institutional uses. A commercial element requires a minimum of one-thousand (1,000) square feet or 10% of grade- level footprint, whichever is greater. SECTION 95: A ME ND MENT “5.01.030 Lot A rea” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.01.030 Lot A rea SECTION 96: A ME ND MENT “5.01.040 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: Page 37 A M E N D M E N T 5.01.040 Lot Width SECTION 97: A ME ND MENT “5.01.050 Lot D epth” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.01.050 Lot D epth SECTION 98: A ME ND MENT “5.01.060 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.01.060 Lot Frontage SECTION 99: A ME ND MENT “5.01.070 Lot Configuration” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.070 Lot C onfiguration And D ensity The follow ing requirements apply to any lot or parcel in the MU zone. A.Maximum Density. The density shall not exceed thirty (30) dw elling units per acre. B.Lot A rea. The minimum lot area allowed is one-half (½) acre. C.Lot D imensions. 1.Width. The minimum lot w idth allow ed is sixty (60') feet. 2.D epth. The minimum lot depth allow ed is sixty (60') feet. 3.Frontage. Each lot shall abut a public street for a minimum distance of tw enty-four (24') feet. D.Permissible Lot C overage. 1.Building C overage. A ll buildings, including accessory buildings or structures Page 38 and impervious surfaces, shall not cover more than ninety (90%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. 2.Landscaping. At least ten (10%) percent of the area of the lot shall be maintained in landscaping. E.Setback R equirements. 1.Front Setback. a.C ommercial. The minimum front yard setback for a commercial element can be zero (0') feet from right-of-way unless otherwise restricted. b.R esidential. The minimum front yard setback for a residential element is five (5') feet from right-of-w ay provided the minimum amount of commercial is included in the overall project. c.Sidew alk. (See subsection 5.01.130) 2.R ear Setback. The minimum rear yard setback is six (6') feet. 3.Side Setback. The minimum side yard setback is six (6') feet or six (6") inches per one (1') foot of building height, whichever is greater. F.Building Height. The maximum height of any building or structure is fifty-five (55') feet, measured at the top of the building's horizontal w all. 1.Exception. An unroofed or unenclosed rooftop terrace, enclosed stairw ell or elevator providing access to the roof, shall not be included in the measurement of total building height. 2.A dditional height may be requested in a Conditional U se Permit. G.C ommercial A djacent to R esidential; Transitional Development Standards. (See subsection 3.02.080.a) H.A ccessory Buildings.(See subsection 3.02.060.) SECTION 100: AMEN DMEN T “5.01.080 D ensity” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.01.080 D ensity SECTION 101: AMEN DMEN T “5.01.090 Yard Requirement” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T Page 39 5.01.090 Yard Requirement SECTION 102: AMEN DMEN T “5.01.100 B uilding Height” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.01.100 B uilding Height SECTION 103: AMEN DMEN T “5.01.110 Sidew alk Access” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.110 Sidew alk Access SECTION 104: AMEN DMEN T “5.01.120 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.120 Permissible Lot Coverage SECTION 105: AMEN DMEN T “5.01.130 Parking A nd Loading” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.130 Parking A nd Sidewalks Page 40 A.. SECTION 106: AMEN DMEN T “5.01.150 R eferenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.01.150 R eferenced Sections A.Prior Created Lots (S ee su b section 3.0 3 .07 0 .) B.Projections Into Yards (S ee su b section 3 .02 .090 .) C.Project Plan A pproval (S ee su b section 3 .02 .13 0 .) D.Lighting Standards (S e e sectio n 3.6 .) E.Highway 20 Corridor (See subsection 3.02.100.F.) F.Landscaping (See subsection 3.02.090.) G.Trash Storage (See subsection 3.02.120.) H.C ommercial D esign Standards (See section 6.0.) I.Parking (See section 3.4) J.Signs(See section 3.5) K.Sidew alks(See subsection 3.02.160) SECTION 107: AMEN DMEN T “5.02.010 Purpose A nd Objectives.” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.02.010 Purpose A nd Objectives. The Transitional A gricultural zone is intended to anticipate expansion of the City into agricultural areas (lands). Permitted uses in the TA G zones include all primary agricultural production activities and their accessory uses and buildings, including farm homes. The TAG zone is established to ensure transitional regulations pursuant to, and provide uniform enablement of the provisions of sections 9.2​​ of this title. SECTION 108: AMEN DMEN T “5.02.020 Permitted Uses” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.02.020 Permitted Uses Page 41 The follow ing principal uses and structures indicated as “P”, and no others, shall be permitted in the TA G zone. The follow ing uses and structures indicated as “C UP” may be permitted in the TA G zone only after a C onditional U se Permit has been approved, and subject to the terms and conditions thereof. TR AN SITION AL AGR IC U LTUR E R esource Production A griculture P R esidential Single-family Dw elling P Group Housing Boarding Houses (See subsection 3.02.160.)P C are Facilities G roup H ome (Disabled & Elderly; under 8 residents)P H ospitals CU P Places of Worship Churches, Synagogues and Temples CU P R ecreation Public buildings CU P Stadiums, arenas, field houses CU P Schools, public or private Schools CU P Services A ccessory Home B usiness (See subsection 4.00.040.)CU P A ccessory Home O ccupation (See subsection 4.00.040.)P Cemeteries A nimal Veterinarian Services (inside only)CU P A irports CU PC emeter ies CU P Commercial K ennels CU P U tilities Broadcasting Tow ers CU P A. Permitted Accessory U ses. (See subsections 3.02.070, 4.00.020 A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. B.N o Open Storage. Nothing herein shall be construed to permit the open storage of materials or equipment used in conjunction w ith permitted uses, or shall be concealed from view from public or private streets. C.Livestock. No more than ten (10) livestock per acre are permitted in a TAG zone. H owever, this does not include commercial enterprises or animal-related business such Page 42 as produce packing plants, fur farms, veterinary clinics, animal hospitals, feed lots, poultry and egg farms, hog farms, dog kennels, honey processing, and similar uses w hich would constitute a “business” as opposed to that of the raising of agricultural crops and/or pasture. SECTION 109: AMEN DMEN T “5.02.030 Permitted Accessory U ses” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.02.030 Permitted Accessory U ses ( SECTION 110: AMEN DME N T “5.02.040 Lot A rea.” of the R exburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.02.040 Lot A rea. SECTION 111: AMEN D ME NT “5.02.050 Lot Frontage” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.02.050 Lot Frontage SECTION 112: AMEN DME N T “5.02.060 Lot Width” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T Page 43 5.02.060 Lot Width SECTION 113: AMEN DME N T “5.02.070 D ensity” of the Rexburg D evelopment C ode is hereby am ended as follow s: A M E N D M E N T 5.02.070 D ensity The follow ing requirements apply to any lot or parcel of land in the TA G zone. 1.Maximum Density. The density shall not exceed one (1) single-family dwelling unit per one (1) acre. 2.Lot A rea. The minimum lot area allowed is one (1) acre. 3.Lot D imensions. a.Width. The minimum lot w idth allow ed is one-hundred eighty (180') feet. b.D epth. The minimum lot depth allow ed is one-hundred eighty (180') feet. c.Frontage. Each lot shall abut a public street for a minimum distance of thirty- five (35') feet. 4.Permissible Lot C overage. a.Building C overage. A ll buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than thirty (30%) percent of the area of the lot. (1)Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. b.Landscaping. At least seventy (70%) percent of the area of the lot shall be maintained in landscaping. 5.Setback R equirements a.Front Setback. The minimum front yard setback is fifty (50') feet from right- of-way. b.R ear Setback. The minimum rear yard setback is forty (40') feet. The minimum side yard setback is ten (10') feet. The c.Side Setback. 6.Building Height. The maximum height of any building or structure is thirty (30') feet, measured at the top of the building's horizontal w all. 7.A ccessory Buildings.(See subsection 3.02.060.) a.A griculture Buildings. By State Law, agricultural buildings, as defined by the State of Idaho, are exempt from Building C odes. Page 44 SECTION 114: AMEN DME N T “5.02.080 Yard Requirements.” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.02.080 Yard Requirements. SECTION 115: AMEN DME N T “5.02.090 B uilding H eight.” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.02.090 B uilding Height. SECTION 116: AMEN DME N T “5.02.100 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.02.100 Permissible Lot Coverage SECTION 117: AMEN DME N T “5.02.110 Code Exemptions Of A griculture Buildings” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.02.110 C ode Exemptions Of A griculture Buildings SECTION 118: AMEN DME N T “5.02.120 R eferenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: Page 45 AYE N AY ABSEN T A BSTAIN C ouncil President Jordan Busby C ouncilmember Robert Chambers C ouncilmember Tisha Flora C ouncilmember Colin Erickson C ouncilmember Mikel Walker C ouncilmember Bryanna Johnson A M E N D M E N T 5.02.120 R eferenced Sections A.Prior Created Lots (S ee su b section 3.0 3 .07 0 .) B.Projections Into Yards (S ee su b section s 3.0 2 .09 0 .) C.D istance B etw een Buildings (S e e su bsec tio n 3.0 2 .06 0 .) D.Parking, L oading and Access (See section 3 .4) E.Project A pproval (See sub sectio n 3 .02 .1 20 1 3 0.) F.Landscaping. (See subsection 3.02.100.) G.Trash. (See subsection 3.02.120.) H.Signs. (See section 3.5.) I.Lighting Standards (S e e sectio n 3.6 .) PA SSED AN D A D OPTED BY TH E CITY OF REX BU RG CO U N C IL _______________________________. 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 Rexburg Page 1 CIT Y OF R EX BU RG OR D INA NC E PLAT R EC OR DIN G D E A D LIN E - A U GU ST 2023 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 “10.03.050 Time Limitation” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 10.03.050 Time Limitation SECTION 2: A MEND MEN T “10.03.080 File With County Recorder” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 10.03.080 File With County Recorder The Plat shall be filed w ith the County R ecorder w ithin six (6) months after approval by the Council, otherwise such approval shall become null and void unless an extension of time is applied for and granted. A.Communicate to C ity. Recording number is communicated to the City Planning & Zoning office to finalize permit. B.Extension. A n extension of a six (6) month time period may be granted, for good cause, by the City Council. 1.Extension R equest. A w ritten extension request must be received by the Planning and Zoning A dministrator prior to the expiration deadline in order to be valid. 2.C onsistent with Zoning. A lso, provided that the extension will be consistent w ith then-existing city zoning ordinance requirements, in relation to then- existing conditions. C.Expiration. If an approved Plat expires, w hether as to the entire area proposed for development or as to yet unbuilt portions of development, then a complete new application must be submitted prior to reconsideration. 1.A n application for reconsideration shall be treated as an original application and shall be subject to all of the procedures of this chapter. Page 2 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 DIN AN CE ST OR A GE FA C IL ITY PAR KIN G - AU GU ST 2023 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 “3.04.070 Parking Surface” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.04.070 Parking Surface A ll parking areas, aisles and drivew ays shall be surfaced w ith asphalt or concrete. A.Asphalt is not allow ed for sidewalks crossing drivew ays and for the driveway approach betw een the street and the sidewalk. (See Appendix B: City Engineering Standards.) B.Parking areas shall be provided w ith paved access from a public street. C.No more than forty (40%) percent of the front yard shall be covered with asphalt or gravel. D.Storage Facilities. A sphalt or concrete is not required for storage areas or storage facilities when an improved and maintained gravel surface is provided (See Appendix B: C ity Engineering Standards.) as long as the follow ing three (3) requirements are met: 1.D rivew ay. Provide a sixty (60’) feet minimum long concrete or asphalt access drivew ay between the aforementioned lot and the public right-of-way. 2.Loading Space. Provide a forty by tw elve (40 x 12) square foot loading space (as per subsection 3.04.100) w ithout regard to overall building size) directly in front of any and all fully-enclosed storage units/spaces less than ten by tw enty (10 x 20) square feet or any interior entrance to a series of fully- enclosed units/spaces. 3.Off-street Parking. Provide a minimum of 3 dedicated off street parking spaces separate from the storage area. Page 2 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