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HomeMy WebLinkAboutOrd_Misc Updates - Fall 2023 with changes 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.Permitted Accessory Uses. Such permitted accessory uses and structures include, but are not limited to the follow ing: 1.R esidential. Accessory building such as garages, carports, equipment storage buildings, and supply storage buildings, w hich are customarily used in conjunction w ith and incidental to a principal use or structure, shall be permitted. 2.Temporary C onstruction. Storage of materials used for construction of a building, including the contractor ’s temporary office, provided that such use shall be permitted only during the construction period and thirty (30) days thereafter. 3.Other than R esidential. Equipment storage buildings and supply storage buildings. B.Accessory Building Requirements. C.All Accessory buildings shall: 1.H ave a building footprint and height less than the main dw elling. 2.Comply w ith all lot coverage configuration requirements in the existing zone. 3.Comply w ith the B uilding Codes adopted by the C ity of R exburg. 4.Be an accessory to an existing primary structure or residence. O nly be used for those accessory uses allowed in the respective zone. 5.H ave a building footprint and height less than the main dw elling. 6.The accessory building shallhHave facilities for the discharge of all roof drainage on to the lot or parcel on w hich it is erected. D.Residential Accessory Buildings. 1.Require a building permit if more than tw o hundred (200) square feet. Page 2 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 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. E.Commercial & Industrial Accessory Buildings. 1.Require a building permit if larger than one-hundred-twenty (120) square 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. 5.Location. a.Front Yard. N ot be placed in the front yard. b.Side Yard. Meet the same side yard requirements as a principal building when the accessory building is: (1)(R esidential) larger than two hundred (200) square feet or taller than ten (10’) feet in height. (2)(C ommercial) larger than one-hundred-tw enty (120) square feet or taller than ten (10’) feet in height. c.Rear Yard. Accessory building may be placed in any location in the rear yard, unless the accessory building is a garage w ith doors opening into a City-owned alley. Such garages shall be located at least fifteen (15’) feet from the alley. d.Accessory Building & Adjacent Lot. A n accessory building shall be five (5') feet or more from a lot line. (1)R educed D istances Between Buildings. Additional requirements may be needed for reduced distances between buildings per the Codes adopted by the City of Rexburg. (2)Less Than 200 sq.ft. Accessory buildings smaller than two hundred (200) square feet may be placed up to the property line but shall not drain onto neighboring properties. 6.A ccessory Building Size. a.Adjacent to R esidential U se or Z one. If adjacent to a residential use or zone, the accessory building shall not exceed ten (10’) feet in height, nor tw o-hundred (200) square feet. b.If not adjacent to residential use or zone. If not adjacent to a Page 3 residential use or zone, larger accessory buildings shall be allowed and shall meet the standard rear yard setback for principal buildings in the zone. 7.Building Permit. A building permit is required w hen the accessory building is larger than two-hundred (200) square feet for single-family, residential, building uses and one-hundred-twenty (120) square feet for commercial buildings and dw ellings greater than a single family. F.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.An accessory building may be located on a side or rear property line if: 1.2 hr. Fire Wall. The accessory building does not have openings on the side w hich is contiguous to the side or rear property line, and the w all of said building adjacent to the property line has a two (2) hour fire retardant rating. B.Adjacent to R esidential. The accessory building, if adjacent to a residential use or zone, shall not exceed ten (10’) feet in height nor tw o hundred (200) square feet. 1.Larger accessory buildings shall meet the side and rear yard setbacks for principal buildings. C.(See subsection 3.02.070.) Page 4 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. E.Multi - Family D w elling A ddress. 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 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.as identified in paragraph a. of this section. a.Commercial. When a building is commercial, these numbers are referred to as commercial “suites” instead of residential “units”. G.Address Markers. (See subsection 3.05.110.B.) PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL _______________________________. P r e s id in g O ffic e r A t t e s t Jerry L Merrill, Rexburg Mayor, C ity of Rexburg Deborah Lovejoy, Rexburg City Clerk, City of Rexburg Page 1 CIT Y OF R EX BU RG OR D IN AN CE 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 R ESOLU TION 2016-15EN GIN EER ING STA N D A R D S (U pdating Resolution 2008 – 17) BE IT RESO LVED by the Mayor and City Council of the City of Rexburg, Idaho that effective December 7th, 2016, the City of Rexburg adopts the standards and specification set forth in the current edition of the Idaho Standards for Public Works Construction and Supplemental C onditions - Standard Drawings & Specifications, as the C ity of R exburg’s minimum Standard D raw ings & Specifications and any additions, amendments or addenda thereto established by the City Engineer. FU RTH ER MO RE, A NY SU BD IV ISIO N WHICH SH ALL R EQU EST A N N EXATIO N IN TO TH E City of Rexburg or any subdivision w hich is in the Rexburg Impact Zone and all lots less than one acre in size, must be in substantial compliance w ith the R exburg Standard D raw ings & Specifications prior to being annexed or approved, unless modified by an annexation or development agreement. The terms of this resolution, if in conflict with any existing Ordinances or Resolutions, shall be controlling. Specifically, this R esolution applies to C hapter 13 of the City of Rexburg D evelopment Code. A DD ITIO NA LLY, the C ity establishes the follow ing policies and guidelines. 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 A.STR EE TS – Streets shall have as a minimum: 1.7’ Landscape Strip follow ed by a 5' wide Portland Cement concrete sidew alks on both sides of street per City of Rexburg Standards. 2.Curb & Gutter (as required per zoning) a.Portland Cement Concrete C urb & Gutter on both sides. b.Minimum grade = 0.30%. 3.Street Ballast Thickness a.Residential Streets (1)2 1/2-inch thickness of hot asphalt plant mix. (2)3 1/2-inch thickness of 3/4-inch Aggregate Base. (3) Page 2 G ranular sub base material thickness as required by the C ity Engineer. (N ormally 12 inches w ith Mirafi 160 N or approved equal geotextile fabric below and up sides, but may vary depending on traffic volumes and strength of subgrade soils.) b.Arterial Streets & H eavy Duty Industrial C ommercial Streets (1)3 1/2-inch thickness of hot asphalt plant mix. (2)6-inch thickness of 3/4-inch Aggregate Base. (3)G ranular sub base material thickness as required by C ity Engineer. (N ormally 20 inches w ith Mirafi 160 N or approved equal geotextile fabric below and up sides, but may vary depending on traffic volumes and strength of sub grade soils.) 4.A sphalt Chip Seal of street surfaces to be placed within 2 years of the date the street surface is constructed or may be included in a City Seal C oat project if such is approved in the A nnexation/Development Agreement. 5.Street right-of-way widths and curb-to-curb w idths shall be as per City of Rexburg Standards for the street type, unless otherw ise approved by the City Engineer. 6.Testing of street construction to be in accordance w ith current ISPWC. 7.PEO (Pedestrian Emphasis O verlay) a.Minimum of a 7’ Landscape Strip follow ed by an 8' w ide Portland Cement concrete sidewalk per C ity of R exburg Standard D raw ings. b.Back of sidewalk to be installed at property line unless otherw ise approved by C ity Engineer. B.STR EE T LIGHTING 1.A ll street light w iring installed for the C ity of R exburg shall be in an approved method of electrical conduit according to the currently adopted N ational Electrical C ode (NEC). 2.N o direct burial cable without conduit shall be accepted by the City of Rexburg if ow ned by, or proposed to be ow ned by the City of Rexburg. 3.A ll installations of electrical wiring for the purpose of street lighting shall meet the current N EC adopted by the City. 4.A ll new conduits installed shall also be inspected by a C ity of R exburg D esignated official prior to covering. 5.A s-built electronic drawings must be submitted to City of Rexburg. 6.A ll street lighting to comply with City of Rexburg Standard draw ings and Chapter 10 of the City of Rexburg D evelopment C ode. 7.Street lights at intersection shall be A merican Electric Lighting number ATBM D MV OLT R3 AO w ith H apco RTA 30D8B 4T1E or as approved by C ity Engineer. 8.A light as defined in g. above may also be required mid-block if the spacing between intersections exceeds 400 feet. 9.PEO (Pedestrian Emphasis O verlay) a.Street lighting to be have a maximum spacing of 100 feet on each side Page 3 of the street. 10.Street light model to be EH 22 FT 63LED 525MA 4K G CF R2 MV O LT A ND B/EA E5-1 FINISH AN DB/ EPSX -20-S5 FIN ISH AN DB or as approved by the City Engineer. C.STORM SEWE R 1.Minimum storm drain pipe size shall be 12-inch diameter. 2.Manholes shall be spaced per IDA PA . 3.A t manholes, pipes of differing diameters shall be located (vertically) so as to match their 0.6 diameter points. 4.Minimum pipe grades shall be per the ID APA . 5.Storm Sewer mains shall be stubbed out to the edges of developing property to allow for future storm sewer main line service to adjacent property. Storm Sew er mains shall be kept as deep as practical beyond development to provide the possibility of storm sew er service. 6.D evelopers are financially responsible for a minimum tw elve (12) -inch diameter storm drain main or such larger size storm drain size as may be needed to provide for storm drainage run off from the proposed new development. 7.D evelopers are financially responsible for storm drain line depth up to sixteen feet (16') to pipe flow line. Deeper depths that are necessitated to serve adjacent yet-to-be developed property will be participated in by the City as such may be approved in the A nnexation/D evelopment A greement. 8.Storm Runoff a.Storm drainage rainfall values and run off coefficients shall be as established in accordance w ith State of Idaho Catalog of Storm Water Best Management Practices. b.The peak flow rate and maximum w ater surface elevations must be calculated for the 100-year/1-hour storm event. c.The overflow route shall direct the 100-year/1-hour post-development flow safely towards the downstream conveyance system. Facilities that do not have an adequate overflow location or bypass path must be sized to fully infiltrate/drain the 100-year/1-hour event. d.The City of Rexburg uses the 25-year/1-hour event for sizing of on- site runoff storage facility, if it can be show n that downstream facilities can safely accommodate flows in excess of the 25-year/1- hour event. e.Discharge into existing facilities must be restricted to the pre- development level unless otherw ise approved by City Engineer. f.Catch basin grate must be Neenah Model Number R-3067 or approved equal. Catch B asins must be designed to accept peak runoff flow rate. 9.A cceptance of the storm sewer facilities are based on the follow ing criteria: a.Bedding and backfilling of trenches shall be constructed in accordance w ith current ISPWC, unless otherwise specified by City Engineer. Page 4 b.Perform all testing in the presence of the City Engineer or his assigned agent. c.Testing per ISPWC Specifications. d.Final Testing: Perform final testing after backfilling and compaction and following installation of other utilities, but prior to surface restoration. e.On-site runoff storage facilities must be inspected prior to final surface restoration. f.A signed “Letter of A cceptance” from the C ity w ill be required prior to final surface reconstruction (i.e.: paving, landscaping, etc.). D.WATERL IN ES 1.Water lines shall be Class 50 D uctile Iron. Minimum w ater main size shall be 8-inch diameter, unless a 6-inch line is specifically approved by the City Engineer. 2.Water service stub outs are to be placed at corner of the lot where practical. Water meters and curb stops are to be placed within the landscaping strip. The w ater service lines are to be extended to the back of the utility easement. Refer to U tility Location Standard Drawing. 3.Fire flow requirements, fire hydrant spacing and related w aterline size(s) shall be as required in the International Fire Code for zones or developments. 4.G ridded and/or looped water mains are to be installed w henever possible. Six (6)-inch mains may have up to three hundred (300) feet of dead end service w ith one standard fire hydrant; eight (8) -inch or larger mains, up to five hundred (500) feet of dead-end service w ith up to tw o (2) standard fire hydrants or one standard fire hydrant and one fire sprinkler system on the dead-end. Flush hydrants are not allow ed in place of standard fire hydrant. 5.Minimum depth of cover over w ater mains shall be 5 feet unless otherw ise approved by the City Engineer. 6.Water mains shall be valved at intersections and other locations so that not more than 600-foot-long segment of w ater main has to be taken out-of-service to provide needed maintenance / repair w ork. A dditional valving may be required for construction and testing purposes. 7.Water mains shall be stubbed-out to the edges of developing property to allow for future w ater main service to adjacent property and to provide the required looping / gridding of the overall water main system. 8.Individual house/business w ater service lines shall be stubbed-out to lots adjacent to new streets to eliminate the need for future excavation w ork in new streets. 9.D evelopers are financially responsible for a minimum eight (8) -inch diameter w ater main or such larger size w ater main as may be needed to provide the required fire flow for the proposed new development. (See Item 3 above and International Fire Code requirements.) 10.Water line stub-outs to be ball-type corporation and curb stop adapter, poly-by- female metal pipe, and rated at 300 psi minimum w orking pressure. Approved Page 5 w ater line materials are class 200 psi polyethylene pipe. 11.Red Fire Hydrant to be Mueller, Waterous, or Clow Brands w ith K O CHEK (model SZMC5054-3-Y Storz adapter or approved equal. 12.Water main valves to be Resilient Wedge Gate Valves for 10” and smaller diameter pipes and Butterfly Valves for larger diameter pipes rated at 250 psi or more w orking pressure. Double disc gate valves will not be accepted. 13.A cceptance of the w ater lines are based on the follow ing criteria: a.Bedding and backfilling of trenches shall be constructed in accordance w ith current ISPWC, unless otherwise specified by City Engineer. b.Perform all testing in the presence of the City Engineer or his assigned agent. c.All testing in accordance with ISPWC Specifications. d.A signed “Letter of A cceptance” from the C ity w ill be required prior to final surface reconstruction (i.e.: paving, landscaping, etc.). E.SA N ITA RY SEWE R 1.Minimum sanitary sewer main size shall be 8-inch diameter. 2.Sanitary sew er lines to be A STM D 3034, SDR 35, or A STM F679 or engineers accepted equivalent for gravity sewer and AN SI/AWWA C900, Class 150, or engineers accepted equivalent for pressure sewer lines. 3.Manholes shall be no more than 400 feet apart or per ISPWC . 4.A t manholes, pipes of differing diameters shall be located (vertically) so as to match their 0.6 diameter points. 5.Minimum pipe grades shall be per the ID APA . 6.Sew er mains shall be stubbed out to the edges of developing property to allow for future sewer main service to adjacent property. Sew er mains shall be kept as deep as practical so as to provide the possibility of sew er service to as large an area as possible. 7.Individual house/business sewer service lines shall be stubbed-out to lots adjacent to new streets so as to eliminate the need for future excavation work in new streets. Service lines to be near the center of the lots and 10’ horizontally from the w ater service. 8.D evelopers are financially responsible for a minimum eight (8) - inch diameter sew er main or such larger size sew er main as may be needed to provide sewer service for the proposed new development. 9.D evelopers are financially responsible for sanitary sewer or storm drain line depth up to sixteen feet (16') to pipe flow line. D eeper depths that are necessitated to serve adjacent yet-to-be developed property w ill be participated in by the City as such may be approved in the Annexation/Development A greement. 10.In an area were city sew er services are unavailable, a house sew er service line shall be constructed and marked anyw here from 10' from the side of the house facing the street to the edge of the utility easement to facilitate an easy connection to a future sanitary sew er main in the street. Page 6 11.A cceptance of the sanitary sew er are based on the following criteria: a.Bedding and backfilling of trenches shall be constructed in accordance w ith current ISPWC, unless otherwise specified by City Engineer. b.Perform all testing in the presence of the City Engineer or his assigned agent. c.Testing per ISPWC Specifications. d.Pipe Cleaning (1)A fter the pipe ends have been grouted according to ISPWC D ivision 500 Section 502.3.5 and prior to CCTV inspection, the completed pipeline will be cleaned w ith a hydro cleaner by a city crew according to ISPWC Division 500 Section 501.3.4. e.Closed Circuit Television (CCTV ) Inspection (1)A cceptance criteria: (A)No visible standing water in pipeline caused by grade defects (B)No pipeline structural defects observed (C)No pipeline installation defects observed (D)No infiltration observed (2)CCTV sew er line inspection w ill be done by a citycrew (3)CCTV sew er line inspection is to be done after backfill and compaction, but prior to surface construction (i.e.: paving, landscaping, etc.). U ncover and repair or reinstall sections of pipe found to have defects as directed by the city engineer or his agents. (4)N otify the City Wastew ater D ept. @ (208) 359-3035 at least ten w orking days prior to final surface reconstruction to allow for C CTV inspection to be done, reviewed, and repairs to be done if necessary. (5)A ny repairs w ill need to be re-inspected after the repair is completed. (6)The cost for pipe cleaning and CC TV Inspection of the lines w ill be billed to the ow ner at approved C ity of R exburg Billing rates. A signed “Letter of A cceptance” from the City will be required prior to final surface reconstruction (i.e.: paving, landscaping, etc.). F.WATER RIGHTS 1.Lands that are developed within the City of Rexburg and are, prior to development, irrigated w ith surface water must be irrigated w ith the existing surface w ater right w here feasible. This may require the development of a secondary irrigation system or special systems as conditions dictate. Page 7 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 Exceptions must be approved by City Engineer. 2.Lands that are developed within the City of Rexburg and are, prior to development, irrigated w ith surface water and a secondary irrigation system is not feasible shall transfer to the C ity of R exburg the surface right or portion of that water right prior to the issuance of a w ill serve letter or provide a method of transfer acceptable to the city. 3.A ll subsurface rights tied to property to be serviced by the City of Rexburg shall be transferred to the City of Rexburg. 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 156 Sept 20231 by R esolution 20213-1209) 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 MD R1 to HD R2H igh Residential (MD R1) Medium - D ensity Residential 1 (MD R2) Medium - D ensity Residential 2 (H DR1) High - D ensity R esidential 1 (H DR2) High - D ensity R esidential 2 (MU ) Mixed U se LDR 1 to MDR1Intermediate Residential (LD R1) Low - Density Residential 1 (LD R2) Low - Density R esidential 2 (LDR3) Low - D ensity Residential 3 (MDR 1) Medium - D ensity Residential 1 (MD R2) Medium D ensity Residential 2 RuralLow R esidential (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 Form-Based (MST) Main Street Transect (CCT) City -Center Transects (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. 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 3.The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. 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: 1.Fences and walls in conformance with the Rexburg City Code and O rdinances. 2.Landscape elements including trees, shrubs, agricultural crops and other plants. 3.N ecessary appurtenances for utility. C.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 tw o (2’) feet. 1.Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features. 2.Stairw ays, balconies, door stoops, fire escapes, fireplaces, bays, aw nings and planter boxes or other similar structures. a.Provided they do not exceed thirty (30”) inches in height from the natural grade. b.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. c.U ncovered steps or a deck may not extend into the front setback more than one-third of the required setback. 3.U nderground Structures. U nderground 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 tw o (2’) feet. a.Public Utility Easements. Building structures shall not encroach in Public Utility Easements. Page 2 4.C arports or Loading D ock. 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 sufficient height and density to screen the two parcels, as specified by the Planning and Zoning Commission. Page 3 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.Highw ay 20 C orridor. All development adjacent to the H ighw ay 20 right-of-w ay must submit an Infrastructure Plan to the Zoning A dministrator 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 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. Page 4 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 at the location indicated inper the current City Engineering Standards, w here conditions permit. (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. The sidewalk 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 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. Page 5 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 3.02.1100.) 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. C.Sidew alks, no less than five (5’) feet in w idth, (six (6’) feet in w idth w here vehicle overhang w ill occur), along facades abutting public parking areas. 1.D rainage. Parking spaces shall be provided w ith adequate drainage which shall not run across a public sidew alk. 2.Sidew alk A ccess: MD R , HDR . Housing projects made up of twelve (12) or more units will be required to demonstrate sidewalk access to the BY U I campus and to the nearest Substantial Commercial Cluster. D.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 Page 6 the city’s 3.6 Lighting Standards. E.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 In all Residential Zones, all building erected, established, or rebuilt shall be required to place sidew alks at the location indicated in the City Engineering Standards. 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 familystable country neighborhoods. This area is compatible with detached single-family dwellings, ample off-street parking with 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 The area of any lot or parcel of land in the RR 1 zone is one (1) acre to five (5) acres. 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 The minimum lot w idth in the RR1 zone is one hundred fifty (150’) feet. 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 The minimum lot depth in the RR1 zone is one-hundred fifty (150’) feet. 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 Each lot or parcel of land in the RR1 zone shall abut a public street for a distance of thirty (30’) feet on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, which does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement. Page 8 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: 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 oneO ne (1) single-family dwelling unit per one (1) acre. may be placed on a lot or parcel of land in the RR1 zone. 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 The follow ing minimum yard requirements shall apply in the RR1 zone: A.Front Yard. Each lot or parcel in the RR1 zone shall have a minimum front yard of at least forty (40’) feet from the front property line or seventy (70’) feet from the centerline of the road, w hichever is greater. B.R ear Yard. The minimum depth of a rear yard shall be thirty(30’) feet. C.Side Yard. Each lot or parcel of land in the RR1 zone shall have a side yard of not less than ten (10’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever is greater. D.A ccessory Buildings. (See subsection 3.02.070.B.) 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 N o lot or parcel of land in the RR1 zone shall have a building or structure, w hich exceeds a maximum height of tw enty-five (25’) feet, measured at the top of building’s horizontal w all. 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 Building C overage. In an R R1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. drivew ays), shall not cover more than fifty (50%) percent of the lot or parcel of land. 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 (See section 3.4 and subsection 4.00.060.) A.D irect Access Restricted R oads. The Madison County Commission together w ith Page 10 the Rexburg City Council shall designate certain roads and streets located w ithin the City of Rexburg’s Impact A rea as D irect Access R estricted Roads. 1.N o lot or parcel of ground adjoining such designated roads or streets shall have direct access to such road w ithout the prior approval of the Rexburg Planning and Zoning Commission. 2.A ccess to and from said lots or parcels shall be by roads, streets or frontage roads, which have been approved by the R exburg Planning and Zoning Commission. 3.Said lots or parcels shall comply with the following requirements: a.R everse Frontage. Such lots shall reverse frontage on the designated direct accesses restricted road. b.Buffering. Such lots shall be buffered from the direct access restricted road by any effective combination of the follow ing: lot depth, earth berms, vegetation, w alls or fences, and structural sound proofing. c.Minimum L ot Depth. The minimum lot depth shall be tw o-hundred (200’) feet except w here the use of berms, vegetation and structures can be demonstrated to constitute an effective buffer for a dwelling on a lot less than tw o hundred (200’) feet in depth. d.Existing Trees. Whenever practical, existing roadside trees shall be saved and used in the arterial buffer. e.Maintenance. Infrastructure Plans, subdivision requirements, and annexation and development agreements, shall include provision for installation and continued maintenance of all buffers and compliance w ith all city and county ordinances applicable within the city impact area. B.C urb and Gutter. Installation of curb and gutter or a drainage facility must be approved in advance by the City Engineer. C.The City of Rexburg right-of-w ay w idth is dictated by City Engineering Standards. 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 .02 .0 980 ., 4 .0 0.0 010 .) 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 .1230 .) E.Fencing (See subsection 3.02.1010.) F.Highway 2 0 Co rridor. (See subsection 3.02.1090.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. Page 11 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 stable country single family neighborhoods. C onditional U ses in this area shall be compatible w ith detached single-family dwellings, ample off-street parking with landscaped lawns, low building heights, low traffic volumes, and low nuisance potential reflecting a rural isolated atmosphere. This zoning may be applied in areas w here 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 The minimum area of any lot or parcel of land in the R R2 zone is ½ acre (21,780 sq. ft.). 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 The minimum lot w idth in the RR2 zone is one hundred tw enty (120’) feet. 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 Page 12 4.02.050 Lot D epth The minimum lot depth in the RR2 zone is one hundred forty (140’) feet. 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 Each lot or parcel of land in the RR2 zone shall abut a public street for a minimum distance of thirty (30’) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul-de- sac improved to City standards shall not be counted in meeting this requirement. 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.O ne (1) single-family dw elling may be placed on a lot or parcel of land in the RR 2 zone. 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 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 Page 13 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 The follow ing minimum yard requirements shall apply in the RR2 zone: A.Front Yard. Each lot or parcel in the RR2 zone shall have a minimum front yard of at least tw enty-five (25’) feet from right-of-w ay. B.R ear Yard. The minimum depth of a rear yard shall be tw enty (20’) feet. C.Side Yard. Each lot or parcel of land in the RR2 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, w hichever is greater. D.A ccessory Buildings. (See subsection 3.02.070.) 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 14 A.N o lot or parcel of land in the RR 2 zone shall have a building or structure w hich exceeds a maximum height of tw enty-five (25’) feet, measured at the top of building’s horizontal wall. B.A ccessory Buildings. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 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 A.Building C overage. A ll buildings, including accessory buildings and structures (including impervious surfaces, e.g. driveways), shall not cover more than seventy (70%) percent of the area of the lot or parcel of land. B.Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping. C.Impervious Surface. O n any lot, 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. 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 .02 .0 890 ., 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 2.1 010.) E.Project Plan A pproval (See subsection 3.02.1320.) F.Highway 2 0 Co rridor. (See subsection 3.02.1090.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: Page 15 A M E N D M E N T 4.03.030 Lot Width Each lot or parcel of land in the LD R 1 zone shall have a w idth of no less than eighty (80’) feet. 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 Each lot or parcel of land shall have a minimum of sixty (60’) feet. 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 Each lot or parcel of land in the LD R 1 zone shall abut a public street for a minimum distance of thirty-five (35’) feet, on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, w hich does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement. Private drives are allow ed as per review by the Zoning A dministrator or D esignee. 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. Page 16 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 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 Page 17 The follow ing minimum yard requirements shall apply in the LDR1 zone: A.Front Yard. Each lot or parcel in the LD R1 zone shall have a minimum front yard of at least tw enty-five (25’) feet from right-of-w ay. 1.Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-w ay. B.R ear Yard. The minimum depth of a rear yard shall be tw enty-five (25’) feet. C.Side Yard. Each lot or parcel of land in the LDR1 zone shall have a side yard of at least seven and one-half (7 1/2’) feet or six (6”) inches of setback for every (1’) foot of building height, whichever is greater. D.A ccessory Building Setbacks. (See subsection 3.02.070.B.) 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 A.N o lot or parcel of land in the LD R1 zone shall have a building or structure, which exceeds a maximum height of thirty (30’) feet, measured at the top of building’s horizontal wall. B.A ccessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. SECTION 33: A ME ND MENT “4.03.090 Permissible Lot Coverage” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.03.090 Permissible Lot Coverage A.Building C overage. In an LDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. drivew ays), shall not cover more than seventy (70%) percent of the area of the lot or parcel of land. B.Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping. C.Impervious Surface. O n any lot, 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. Page 18 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 .) F.Fencing (S ee su bsec tio n 3.0 2.1 0 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 A.The minimum lot w idth in the LD R2 zone is fifty (50’) feet. B.A twin home minimum lot w idth is sixty (60’) feet (combined for both lots). 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 The minimum lot depth in the LDR2 zone is sixty (60’) feet. Page 19 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 Each lot or parcel of land in the LD R 2 zone shall abut a public street for a minimum distance of tw enty (20’) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul- de-sac improved to City standards shall not be counted in meeting this requirement. Private D rives are allowed as per review by the Zoning A dministrator or D esignee. 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.The maximum density is six (6) dwelling units per one (1) acre. areas. 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 Page 20 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. 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 The follow ing minimum yard requirements shall apply in the LDR2 zone: A.Front Yard. Each lot or parcel in the LD R1 zone shall have a minimum front yard of at least tw enty-five (25’) feet from right-of-w ay. 1.Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-w ay. B.R ear Yard. The minimum depth of a rear yard shall be tw enty (20’) feet. C.Side Yard. Each lot or parcel of land in the LDR2 zone shall have a side yard of at least five (5’) feet. D.A ccessory Buildings. (See subsection 3.02.070.) 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: Page 21 A M E N D M E N T 4.04.080 Setbacks And Rights-O f-Way Exceptions (See subsections 3.02.050, 3.02.090, 4.00.030.) A.Side-Yard Projections. No projection is allow ed in a required side yard. B.Box or Bay Windows. Box or B ay Window s provided they are not w ider than eight (8’) feet may be projected up to one (1’) foot in a front yard and up to tw o (2’) feet in a rear yard. shall not project into a side yard. 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 4.04.090 B uilding Height A.N o lot or parcel of land in the LD R2 zone shall have a building or structure, which exceeds a maximum height of thirty (30’) feet, measured at the top of building’s horizontal wall. B.A ccessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 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 A.Building C overage. In an LDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. drivew ays), shall not cover more than seventy (70%) percent of the area of the lot or parcel of land. B.Landscaping. 1.A t least thirty (30%) percent of the area of any lot shall be maintained in landscaping. C.Impervious Surface. O n any lot, 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. Page 22 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 .) E.Fencing (S ee su bsec tio n 3.0 2.1 0 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 detached single-family dwellings on smaller lots. The conditional uses allow ed 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. 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 A.Each lot or parcel of land in the LDR3 zone, except corner lots, shall have a width of not less than fifty (50’) feet. B.A Tw in Home minimum w idth is sixty (60’) feet (combined for both lots). Page 23 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 Each lot or parcel of land in the LD R 3 zone, except corner lots, shall have a depth of not less than sixty (60’) feet. 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 Each lot or parcel of land in the LD R 3 zone shall abut a public street for a minimum distance of tw enty (20’) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, w hich does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement. Private D rives are allow ed as per review by the Zoning A dministrator. 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 maximum density shall not exceed is 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. 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 Page 24 (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 The follow ing minimum yard requirements shall apply in the LDR3 zone: A.Front Yard. Each lot or parcel in the LD R3 zone shall have a minimum front yard of at least tw enty-five (25’) feet from right-of-w ay. 1.Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-w ay. B.R ear Yard. The minimum depth of a rear yard shall be tw enty (20’) feet. C.Side Yard. Each lot or parcel of land in the LDR3 zone shall have a side yard of at least five (5’) feet. D.A ccessory Buildings. (See subsection 3.02.070.) Page 25 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 (See subsections 3.02.050., 3.02.090., 4.00.030.) A.Side-Yard Projections. No projections are allow ed in a required side yard. B.Box or Bay Windows. Box or B ay Window s provided they are not w ider than eight (8’) feet may project up to one (1’) foot in a front yard and up to tw o (2’) feet in a rear yard. 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 A.N o lot or parcel of land in the LD R3 zone shall have a building or structure which exceeds a maximum height of thirty (30’) feet, measured at the top of the building’s horizontal wall. B.A ccessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 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 A.Building C overage. In an LDR3 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. drivew ays), shall not cover more than seventy (70%) percent of the area of the lot or parcel of land. B.Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping. C.Impervious Surface. O n any lot, 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. Page 26 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 detached 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 LDR zones. 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 The minimum lot w idth in the MDR1 zone is sixty (60’) feet. A.Exception. A single-dw elling unit has a minimum lot width of fifty (50’) feet. 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 The minimum lot depth in the MDR1 zone is sixty (60’) feet. 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 Each lot or parcel of land in the MD R1 zone shall abut a public street for a minimum distance Page 27 Each lot or parcel of land in the MD R1 zone shall abut a public street for a minimum distance of tw enty-four (24’) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end w hich does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. Private D rives are allow ed as per review by the Zoning A dministrator or D esignee. 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 maximum density shall not exceed is 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 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. 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 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. 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. Page 28 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 The follow ing minimum yard requirements shall apply in the MDR1 zone: A.Front Yard. Each lot or parcel in the MD R1 zone shall have a minimum front yard of at least tw enty-five (25’) feet from right-of-w ay. 1.R educed Front Yard Setback. When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way. 2.R educed Front Yard Setback. If all parking spaces are located behind the building, the front yard setback may be reduced to fifteen (15’) feet. B.R ear Yard. The minimum depth of a rear yard shall be tw enty (20’) feet. C.Side Yard. 1.Each lot or parcel of land in the MD R 1 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, w hichever is greater. 2.R educed Side Yard Setback. A setback of ten (10’) feet shall be allow ed w ithin side yards that abut other MD R zones, HD R zones, Commercial zones, or Mixed-U se zones, regardless of building height. D.Pedestrian Emphasis D istrict Setbacks. Setbacks are decreased as per Chapter 9, Pedestrian Emphasis D istrict. (See section 9.01.040.) E.A ccessory Buildings. (See subsection 3.02.070.) 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 4.06.080 Setbacks And Rights-O f-Way Exceptions (See subsections 3.02.050., 3.02.090., 4.00.030.) Page 29 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 A.N o lot or parcel of land in the MDR1 zone shall have a building or structure, which exceeds a maximum height of forty (40’) feet measured at the top of building’s horizontal wall. B.LDR . If the development is adjacent to a Low D ensity Residential Zone (LD R), the maximum building height (for buildings adjacent to the LD R zone) shall be no greater than thirty (30’) feet. C.A ccessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. D.G ables and dormers are not included in height calculations unless their addition raises the overall peak 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 A.Building C overage. In an MDR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. drivew ays), shall not cover more than seventy (70%) percent of the area of the lot or parcel of land. B.Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping. C.Impervious Surface. O n any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, and one hundred (100%) percent of one (1) side yard. 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 (See section 3.4 and subsection 4.00.060.) Page 30 Sidew alk Access. (See 3.04.060.C). 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.) 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 The minimum lot w idth in the MDR2 zone is sixty (60’) feet. 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 The minimum lot depth in the MDR2 zone is sixty (60’) feet. Page 31 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 Each lot or parcel of land in the MD R 2 zone shall abut a public street for a minimum distance of tw enty-four (24’) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac approved to City standards. Frontage on a street end w hich does not have a cul-de-sac improved to City standards shall not be counted in meeting this requirement. Private D rives are allow ed as per review by the Zoning A dministrator or D esignee. 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: A M E N D M E N T 4.07.060 Lot C onfiguration And D ensity A.The maximum density is tw enty (20) dw elling 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. 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%) Page 32 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') 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 The follow ing minimum yard requirements shall apply in the MDR2 zone: A.Front Yard. Each lot or parcel in the MD R2 zone shall have a minimum front yard of at least tw enty-five (25’) feet from right-of-w ay. 1.Front Yard R educed Setback. When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way. 2.R educed Setback for Parking. The Planning and Zoning Commission may allow a reduction of the front yard setback to fifteen (15’) feet if all parking spaces are located behind the building. B.R ear Yard. The minimum depth of a rear yard shall be tw enty (20’) feet. C.Side Yard. Each lot or parcel of land in the MDR2 zone shall have a side yard of not less than six (6’) feet or six (6”) inches of setback for every foot of building height, w hichever is greater. 1.Side Yard Reduced Setback. A setback of ten (10’) feet shall be allow ed w ithin side yards that abut other MD R zones, HD R zones, Commercial zones, Page 33 or Mixed-U se zones, regardless of building height. D.A ccessory Buildings. (See subsection 3.02.070.) 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 (See subsections 3.02.050., 3.02.090., 4.00.030.) 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 A.N o lot or parcel of land in the MDR2 zone shall have a building or structure, which exceeds a maximum height of forty (40’) feet, measured at the top of building’s horizontal wall. B.LDR . If the development is adjacent to a Low D ensity Residential Zone (LD R), the maximum building height (for buildings adjacent to the LD R zone) shall be no greater than thirty (30’) feet. C.A ccessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. D.G ables and dormers are not included in the height calculation unless their addition raises the overall peak height of the building. 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 A.Building C overage. In an MDR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. drivew ays), shall not cover more than eighty (80%) percent of the area of the lot or parcel of land. B.Landscaping. At least twenty (20%) percent of the area of any lot shall be maintained in landscaping. Page 34 C.Impervious Surface. O n any lot, 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. 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: A M E N D M E N T 4.07.110 Parking, Loading And Access (See section 3.4 and subsection 4.00.060.) Sidew alk Access. (See 3.04.060.C.) 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 The minimum lot w idth in the H DR1 zone is sixty (60’) feet. Page 35 The minimum lot w idth in the H DR1 zone is sixty (60’) feet. 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 The minimum lot depth in the H DR1 zone is sixty (60’) feet. 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 Each lot or parcel of land in the HD R 2 zone shall abut a public street for a distance of tw enty- four (24’) feet on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, w hich does not have a cul-de- sac improved to City standards, shall not be counted in meeting this requirement. 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 is thirty (30) dw elling 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. Page 36 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 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 The follow ing minimum yard requirements shall apply in the H DR1 zone: A.Front Yard. Each lot or parcel in the HD R1 zone shall have a minimum front yard of at least tw enty-five (25’) feet from right-of-w ay. 1.Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-w ay. B.Parking Lot. If a boulevard strip is present, the front yard setback can be reduced to Page 37 ten (10’) feet for a parking lot. C.R ear Yard. The minimum depth of a rear yard shall be tw enty (20’) feet. D.Side Yard. Each lot or parcel of land in the H DR1 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, w hichever is greater. 1.Exception: A setback of ten (10’) feet shall be allowed within side yards that abut other H D R zones, MD R zones, Commercial zones, or Mixed-U se zones, regardless of building height. E.A ccessory Buildings. (See subsection 3.02.070.) 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 (See subsections 3.02.050., 3.02.090., 4.00.030.) 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. 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 A.N o lot or parcel of land in the H D R1 zone shall have a building or structure, which exceeds a maximum height of fifty-five (55’) feet, measured at the top of building’s horizontal wall. B.A n unroofed and unenclosed rooftop terrace, an enclosed stairw ell, or elevator providing access to the roof, shall not be included in the measurement of total building height. C.A ccessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. D.A djacent zones. Buildings or portions of buildings w ithin fifty (50’) feet of a residential zone other than H DR1 and H D R2 shall be limited to thirty-five (35’) feet. Page 38 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 A.Building C overage. In an H DR1 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. drivew ays), shall not cover more than eighty (80%) percent of the area of the lot or parcel of land. B.Landscaping. 1.A t least tw enty (20%) percent of the area of any lot shall be maintained in landscaping. 2.O n any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard and one hundred (100%) percent of one (1) side yard. 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 (See section 3.4 and subsection 4.00.060.) Sidew alk Access. (See 3.04.060.C..) 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 3.02.120.) D.Fencing (See subsection 3.02.100.) 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.) Page 39 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 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 The minimum lot w idth in the H DR2 zone is two hundred (200’) feet. 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 The minimum lot depth in the H DR2 zone is sixty (60’) feet. 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 Each lot or parcel of land in the HD R 2 zone shall abut a public street for a distance of tw enty- four (24’) feet on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, w hich does not have a cul-de- sac improved to City standards, shall not be counted in meeting this requirement. 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: Page 40 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 is 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) 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) Page 41 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 4.09.070 Yard Requirements The follow ing minimum yard requirements shall apply in the H DR2 zone: A.Front. Each lot or parcel in the H D R 2 zone shall have a minimum front yard of at least tw enty-five (25’) feet from right-of-w ay. 1.Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to ten (20’) feet from right-of-w ay. B.Parking Lot. If a boulevard strip is present, the front yard setback can be reduced to tw enty (20’) for a parking lot. C.R ear. The minimum depth of a rear yard shall be twenty (20’) feet. D.Side Yard. Each lot or parcel of land in the H DR2 zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1’) foot of building height, w hichever isgreater. 1.Exception: A setback of ten (10’) feet shall be allowed within side yards that abut other H D R zones, MD R zones, Commercial zones, or Mixed-U se zones, regardless of building height. E.A ccessory Buildings. (See subsection 3.02.070.B.) 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 (See subsections 3.02.050., 3.02.090., 4.00.030.) 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. 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 Page 42 4.09.090 B uilding Height A.N o lot or parcel of land in the H D R2 zone shall have a building or structure, which exceeds a maximum height of fifty-five (55’) feet, measured at the top of building’s horizontal wall. B.A n unroofed and unenclosed rooftop terrace, an enclosed stairw ell, or elevator providing access to the roof, shall not be included in the measurement of total building height. C.A djacent zones. Buildings or portions of buildings w ithin fifty (50’) feet of a residential zone other than H DR1 and H D R2 shall be limited to thirty-five (35’) feet. D.A ccessory Structure. In no case shall the height of an accessory structure exceed the height of any main structure on the same lot. 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 A.Building C overage. In an H DR2 zone, all buildings, including accessory buildings and structures (including impervious surfaces, e.g. drivew ays), shall not cover more than eighty (80%) percent of the area of the lot or parcel of land. B.Landscaping. At least twenty (20%) percent of the area of any lot shall be maintained in landscaping. C.Permeable Surface. O n any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard and one hundred (100%) percent of one (1) side yard. 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 (See section 3.4 Parking and subsection 4.00.060.) Sidew alk Access. (See 3.04.060.C.) SECTION 93: A ME ND MENT “4.09.120 Referenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: Page 43 A M E N D M E N T 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. A.MU facing Main Street betw een 2nd West and 2nd East must have 100% commercial at grade level. 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 The minimum area of any lot or parcel of land in the MU zone is tw elve thousand (12,000) sq. ft. Page 44 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: A M E N D M E N T 5.01.040 Lot Width The minimum lot w idth in the MU zone is sixty (60’) feet. 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 The minimum lot depth in the MU zone is sixty (60’) feet. 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 Each lot or parcel of land in the MU zone shall abut a public street for a minimum distance of tw enty-four (24’) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, w hich does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement. 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. Page 45 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 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.) Projects in this zone are required to be pedestrian-friendly developments w ith buildings facing and in close proximity to the right-of-way. A.Parking Lots. Parking lots are required to be behind buildings. Other configurations may be considered on a case-by-case basis and subject to a Conditional Use Permit (CUP). B.A ccess D rivew ays. Access driveways are restricted to tw enty-four (24’) feet (unless required to be w ider for Fire Apparatus.) Page 46 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 A.H ousing unit density of up to thirty (30) units per acre is permitted. 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 5.01.090 Yard Requirement The follow ing minimum yard requirements shall apply in the MU zone: A.Front Yard. The minimum front yard setback requirements are as follows: 1.C ommercial. C ommercial element can be zero (0') from right-of-w ay unless otherw ise restricted. 2.R esidential. Residential element is a minimum five (5') feet from right-of-w ay provided the minimum amount of commercial is included in the overall project. 3.Sidew alk. A minimum eight (8’) feet wide sidew alk is required parallel to any city street. 4.Landscaping. a.Street trees and other landscape amenities are required and include as a minimum the use of tw o (2”) inch caliper deciduous trees at a maximum of tw enty (20’) feet spacing in the landscape strip between the curb and sidewalk. b.The space betw een the building and sidew alk shall be landscaped w ith ornamental trees, shrubs, grass, annual and perennial flow ers to achieve a “fully landscaped look”. c.Irrigation System. An irrigation system is required and is the responsibility of the property ow ner as is the maintenance of the landscaped areas. 5.Building D esign a.Street Oriented. The building shall be oriented tow ard the street w ith architecturally defined entrances; a ground floor prominence; and elements that break up vertical and horizontal w alls. b.Interaction with Street. There shall be a variety of openings and other features that enhance the buildings visual interaction w ith the street. These features include doors, w indows, balconies and/or other Page 47 items such as stoops, aw nings, porches, dooryards, canopies, overhangs, recesses, etc. that in combination enhance the human scale and pedestrian experience of the street. (1)Balconies, awnings, canopies and other structural elements may extend a maximum of three (3’) feet into the setback. c.Materials. The first floor wall facing the right-of-w ay shall be faced w ith high-quality materials (as approved by Zoning Administrator or D esignee). 6.R enderings identifying all of the above requirements and the D esign Standards shall be submitted to city staff prior to the request for a building permit. a.The Zoning Administrator or designee w ill have authority to review the submittal and determine if it meets the above requirements of this Section and the spirit in w hich they w ere created. 7.U tility fixtures. Utility fixtures in the front yard setback must be underground or otherwise screened from street view w herever practicable. 8.Parking spaces, drive aisles, and all maneuvering areas shall not be located w ithin the first ten (10') feet of a front yard.. B.R ear Yard. Minimum rear yard of at least six (6’) feet shall be required when a sloped roof drains tow ard rear yard property line. O therw ise, no minimum. C.Side Yard. Minimum side yard of at least six (6’) feet shall be required when a sloped roof drains tow ard side yard property line. O therw ise, no minimum. D.C ommercial A djacent to R esidential; Transitional Development Standards. (See subsection 3.02.080.a.) E.A ccessory Buildings. (See subsection 3.02.070.) 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 The allow ed height is fifty-five (55’) feet, for all buildings. Buildings higher than fifty-five (55’) feet may be allow ed w ith a Conditional Use Permit. A.Building height for all uses shall be measured from adjacent grade level to the top of the highest horizontal w all top plate. An unroofed and unenclosed rooftop terrace, an enclosed stairw ell or elevator providing access to the roof, shall not be included in the measurement of total building height. B.Telecommunication Towers. The Planning and Zoning Commission shall review the design of all proposed stealth and non-stealth telecommunication towers through the conditional use permit process, and provide a recommendation to the City Council. A ny proposed tow er shall also be subject to the City’s telecommunications tower ordinance which w ill require certain setbacks and excluded areas. 1.Stealth telecommunication tow ers are permitted to a height of seventy-five Page 48 (75’) feet. 2.N on-stealth telecommunication tow ers are permitted to a height of sixty (60’) feet. 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 Projects located w ithin the Mixed U se zone w ill be required to demonstrate sidewalk access to the BY U I campus and to the nearest Substantial C ommercial C luster (See definition in Chapter 2). 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 A.Lot C overage. Maximum Lot Coverage is ninety (90%) percent. Lot coverage includes all buildings and structures including areas of hard surface such as sidew alks and drivew ays. B.Landscaping. Areas not included in lot coverage calculation shall be maintained in landscaping. 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 LoadingSidew alks (See section 3.4.) A.Proximity. Projects in the Mixed U se (MU) zone are allow ed greater than tw o- hundred (200’) feet distance from the primary entrance as approved by the Zoning A dministrator or D esignee. 1.Mixed-Use Buildings and Projects. The total parking requirement shall be the sum of the individual requirements for all uses. Page 49 2.Joint U se Parking. Joint use parking facilities are encouraged. A joint use parking agreement, if executed according to the standards set forth in this section would allow a reduction in the total requirement for a mixed-use building or project. (See subsection 3.04.090.) 3.Parking Structures. Parking Structures are encouraged and must meet the requirements set forth in section 3.4. 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. 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 3.02.100090.) 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.Sidew alks (See subsection 3.02.160) K.Signs (See section 3.5) 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 9.32 of this title. Page 50 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 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 A GR IC U LTUR E R esource Production A griculture P R esidential Single-family D welling P Group Housing Boarding H ouses (See subsection 3.02.160.)P C are Facilities G roup Hom e (D isabled & Elderly; under 8 residents)P H ospitals C UP Places of Worship Churches, Synagogues and Temples C UP R ecreation Public buildings C UP Stadiums, arenas, field houses C UP Schools, public or private Schools C UP Services A ccessory Home Business (See subsection 4.00.040.)C UP A ccessory Home O ccupation (See subsection 4.00.040.)P A irports C UP A nimal Veterinarian Services (inside only)C UP Cemeteries C UP Commercial K ennels C UP U tilities Broadcasting Towers C UP A. Permitted Accessory U ses. (See subsections 3.02.070, 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially Page 51 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 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 (See subsection 3.02.070.) A ccessory uses and structures are permitted in the TA G zone provided they are incidental to, and do not substantially alter the character of the permitted use or structure, and are located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to, the follow ing: A.R esidential U ses. (See subsection 4.00.020.) B.Sw imming pools and incidental bath houses subject to the standards of R exburg City Code. C.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. D.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 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 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: Page 52 A M E N D M E N T 5.02.040 Lot A rea. The minimum area of any lot or parcel of land in the TAG zone shall be one (1) acre. 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 Each lot or parcel of land in the TA G zone shall abut a public street for a minimum distance of thirty-five (35’) feet, on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul- de-sac improved to City standards shall not be counted in meeting this requirement. 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 5.02.060 Lot Width Lot Width. Each lot or parcel of land in the TAG zone shall have a width of not less than one- hundred eighty (180') feet. 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 Lot C onfiguration And 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 One (1) single-family dw elling unit per lot one (1) acre. 2.Lot A rea. The minimum lot area allowed is one (1) acre. 3.Lot D imensions. Page 53 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. c.Side Setback. The minimum side yard setback is ten (10') feet. 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. 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. The follow ing minimum yard requirements shall apply to the TAG zone: A.Front Yard. Each lot or parcel of land in the TAG zone shall have a front yard of not less than fifty (50’) feet from right-of-way and, except for single family detached homes, shall not be used for vehicular parking or maneuvering except such portion as is devoted to drivew ay use for direct access from a street to a garage or carport. B.Side Yard. Each lot or parcel of land in the TAG zone shall have a side yard setback of not less than ten (10’) feet, and shall not be used for vehicular parking or maneuvering except such portion as is devoted to driveway use for direct access from a garage or carport. C.A ccessory Buildings. (See subsection 3.02.070.) D.R ear Yard. Each lot or parcel of land in the TAG Zone shall have a rear yard setback of not less than twenty-five (25’) feet. Page 54 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. A ny building or structure or portion thereof hereafter erected w hich is not of an agricultural nature shall not exceed two and one-half (2½) stories, or thirty feet (30’) in height, measured at the top of building’s horizontal w all. 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 The maximum lot coverage for all buildings and structures shall not be greater than thirty (30%) percent of the lot area. 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 By State Law, agricultural buildings, as defined by the State of Idaho, are exempt from Building C odes. SECTION 118: AMEN DME N T “5.02.120 R eferenced Sections” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.02.120 R eferenced Sections A.Prior Created Lots (S ee su b section 3.0 3 .07 0 .) Page 55 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 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 .) 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 A pproval Time Period. O nce the Plat is approved, the approval is good for a period of twelve (12) months from the date of approval. In the event a longer period elapses, the Plat must be reviewed by the C ommission again. A.Extension. The time limits for acting on the Plat may be extended by mutual consent of the sub-divider and the Commission and/or the C ouncil. 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. O neAn extension of a six (6) month time period may be granted, for good cause, by the City Council. Planning and Zoning Commission if such extension is authorized by the Commission prior to the expiration of the six (6) month period, and provided such extension not exceed an additional six (6) months. 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- 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 existing conditions. 3.N o additional extensions may be granted. 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. 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 amplea 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