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HomeMy WebLinkAboutOrd No 1308 Dev Code Ord 1200 - Amend Misc & Rental CodeInstrument # 461346 REXBURG, MADISON, IDAHO 3-14-2024 04:12:30 PM No. of Pages: 43 Recorded for: CITY OF REXBURG KIM H. MUIR Fee: 0.00 Ex-Officio Recorder Deputy RS3 W CITY OF REXBURG ORDINANCE NO. 1308 DEVELOPMENT CODE ORDINANCE 12oo AMENDMENTS AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO ACCESSORY DWELLING UNITS (ADU), RESIDENTIAL RENTAL PROPERTIES, AND SHORT-TERM RENTAL REQUIREMENTS; ALL ACCESSORY BUILDING REQUIREMENTS COMMERCIAL AND RESIDENTIAL; ADDRESSING REQUIREMENTS FOR COMMERCIAL, DRIVEWAYS, AND RESIDENTIAL PROPERTIES; BLOCK LENGTHS AND EXCEPTIONS; CURRENT ENGINEERING STANDARDS TO BE SET BY RESOLUTION; LOT CONFIGURATION AND DENSITY, LANDSCAPING AND SCREENING, YARD REQUIREMENTS, BUILDING HEIGHTS, SIDEWALKS, SETBACKS, AND PARKING IN ALL RESIDENTIAL ZONES (RRi), (RR2), (LDR1), (LDR2), (LDR3), (MDR1), (MDR2), (HDRi), AND (HDR2), TRANSITIONAL AGRICULTURE (TAG) AND MIXED USE (MU) ZONES; TIME LIMITATIONS TO RECORD PLATS; OFF-STREET PARKING REQUIREMENTS FOR ALL ZONES; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. WHEREAS, The City of Rexburg is incorporated as an entity of the State of Idaho; and WHEREAS, the State of Idaho Statutes are used by the City of Rexburg as the primary source of code compliance; and WHEREAS, Rexburg City Codes are subordinate to Idaho State Code. NOW THEREFORE, be it ordained by the Council of the City of Rexburg, in the State of Idaho, be established to read as follows: SECTION 1: AMENDMENT "Development Code Chapter 2 Definitions" of the Rexburg Development Code is hereby amended as follows: 1. Addition of Accessory Dwelling Unit: (see Dwelling Unit, Accessory) 2. Addition to definition of Dwelling: A building or portion thereof that provides living facilities for one or more families. c. Accessory Dwelling Unit: A second, smaller dwelling, within or attached to a single-family residence or its garage, or a detached building, located on the parcel where the owner resides. 3. Amend definition of Short -Term Rental: Any rental of a dwelling unit that is for a time period less than thirty (3o) days. Requires that there will be an owner, manager, or owner's agent available in Madison County, Idaho. (Includes Bed and Breakfast and Boarding House as categories of short-term rentals.) SECTION 2: REPEAL "3.02.15o Rentals" of the Rexburg Development Code is hereby repealed. SECTION 3: ADOPTION "4.00.025 Rentals" of the Rexburg Development Code is hereby added as follows: A. Residential Rental Properties. All residential rental properties within the City in excess of one rental unit per parcel shall obtain an annual Business Registration. 1. Registration and Life Safety Inspection Required. A City Registration, Life Safety Inspection and Code compliance is required, and all application requirements must be met. 2. All Residential Rentals, Apartment Houses or Apartments shall fill out a Business Registration application. 3. All applicants applying for registration shall pay the annual fee per the adopted City of Rexburg Fee Schedule irrespective of the point in the year at which the registration is sought. 4. A registration shall be obtained for each individually identifiable location, irrespective of ownership. 5. Whenever a Residential Rental, Apartment House or Apartment changes ownership, the new owner shall report such change to the City Clerk so that the registration may be transferred. 6. Registration shall not be construed to grant permission to carry on or conduct any unlawful business, or to operate any Residential Rental, Apartment House or Apartment in an unlawful manner, or to grant immunity to any entity from lawful regulation and control, or to authorize the violation of any zoning ordinance, regulation or restriction. B. Short -Term Rentals (including Boarding Houses and Bed and Breakfast Inns). 1. Application Required. 2. Registration and Life Safety Inspection Required. A City Registration, Life Safety Inspection and Code compliance is required and all application requirements must be met. a. Parking Requirements. Two (2) parking spaces are required for the house and one (1) additional space is required for each rented room. b. In TAG, RR1, RR2, LDR1, LDR2, and LDR3 zones, the owner or a manager must live onsite. c. In all other zones, the owner, a manager, or the owner's agent must be available in Madison County, Idaho. d. Other Requirements (see Residential Building, Electrical, Mechanical, Plumbing, and Fire Requirements by contacting the Rexburg Building Department or visiting the City's website). 3. Fees. Short-term Rental fees as per the adopted City of Rexburg Fee Schedule. 4. Violations. Three (3) violations of City Ordinances will trigger revocation of Rental Registration. C. Accessory Dwelling Units (ADUs). 1. Application Required. 2. Life Safety Inspection Required. Life Safety Inspection and Code compliance is required, and all application requirements must be met. 3. Accessory Dwelling Units (ADUs): a. Shall adhere to all rental regulations outlined above in this section as well as Idaho Code § 55-3212. b. Require ongoing owner occupancy of either the primary residence or the ADU. c. Shall be limited to one (1) ADU per single-family dwelling. d. Shall meet the zone requirements including but not limited to setbacks and lot coverage. e. May be part of existing structure or as a detached structure. 1. Recreational vehicles, tiny homes, or other similar structures on wheels are not permitted as an accessory dwelling unit. f. Shall meet all building code requirements for an accessory dwelling unit. g. Shall contain no more than two bedrooms. h. Shall have two (2) parking spaces provided on site, in addition to the primary residence's two (2) required parking spaces. SECTION 4: AMENDMENT "3.02.06o Accessory Structures in the Zoning Standards" of the Rexburg Development Code is hereby amended as follows: Accessory 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. Accessory Building Requirements. A. All accessory buildings shall: a. Comply with all lot configuration requirements in the existing zone. b. Comply with the Building Codes adopted by the City of Rexburg. c. Be an accessory to an existing primary structure or residence. d. Have facilities for the discharge of all roof drainage on to the lot or parcel on which it is erected. B. Residential Accessory Buildings. a. Require a building permit if more than two hundred (200) square feet. b. Front Yard. May not be placed in the front yard. c. Side Setback. Must meet the same side setback requirements as a principal building if larger than two hundred (200) square feet or taller than ten (16) feet in height. i. If it is less than two hundred (200) square feet, may be placed on the property line. d. Rear Setback. Must be a minimum of five (5') feet from the property line unless the accessory building is a garage with doors opening into a city -owned alley. Such garages shall be a minimum of fifteen (15') feet from the alley. i. If less than two hundred (200) square feet, may be placed on the property line. C. Commercial & Industrial Accessory Buildings. a. Require a building permit if larger than one -hundred -twenty (120) square feet. b. Front Yard. May not be placed in the front yard. c. Side Setback. Must meet the same side setback requirements as a principal building if larger than one -hundred -twenty (120) square feet or taller than ten (10') feet in height. i. If less than one -hundred -twenty (120) square feet, must be a minimum of five (5') feet from property line. d. Rear Setback. Must meet the same rear setback requirements as a principal building. D. Exception: University District (UD) SECTION 5: REPEAL "7.00.03o Accessory Building" of the Rexburg Development Code is hereby repealed. SECTION 6: AMENDMENT "3.02.13o Addressing" of the Rexburg Development Code is hereby amended as follows: 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. a. Addresses will be assigned by the City of Rexburg b. Lots, blocks, and/or units shown on a plat may not be representative of the parcel's address. B. Address Markers. a. Numbers shall be a color that is distinct from the background color. b. Street numbers must be a minimum of four (4") inches high and a minimum stroke width of one-half (0.5") inch. c. Building numbers shall be twelve (12") inches in height. d. Front shall be a block type font that is easy to read. C. Driveway Markers. (15.07.25o Address Identification) a. Addresses shall be placed at each driveway entrance and be visible from both directions of travel along the road on which the address is located. b. Multiple Addresses. Where multiple addresses are required at a single driveway, they shall be mounted on a single post and additional signs shall be posted at locations where driveways divide. c. Time Frame. In all cases the address shall be posted at the beginning of construction and maintained thereafter. d. See Sight Triangle. e. See Right -of -Way. D. Residential Address. a. The assigned address of any City residence must be posted on the structure within 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. b. Name and Address. Signs or name plates shall not exceed two (2) square feet in area and display only the name and address of the occupant. E. Multi -Family Dwelling Address. a. When individual apartment, condominium, or town house structures within a common complex are designated with separate addresses, individual unit numbers shall be assigned so there is no duplication of unit designations within a building. b. Multiple Floors. The first floor shall be ioo series, second floor 200 series and so on for each successive floor. Basements shall be io series if the next higher floor is designated the first floor, or basements shall be designated ioo series if the next level is called the second floor. F. When apartments, condominiums, or town house complexes (more than one structure) have been assigned one address, each individual building shall be assigned a number. a. Building Number. The building number shall be posted in a conspicuous location with the number being a minimum of twelve (12") inches in height in a contrasting color to the background. b. Unit or Apartment Numbers. Unit or apartment numbers shall then be assigned in the 10, 100, 200, 300, etc. series per floor. i. Commercial. When a building is commercial, these numbers are referred to as commercial "suites" instead of residential "units." SECTION 7: AMENDMENT "10.o8.oio Blocks" of the Rexburg Development Code is hereby amended as follows: A. Block lengths are required to not exceed seven hundred (700') feet as measured along the street centerline intersection to centerline intersection. 1. Exception. Block lengths may extend up to one thousand four hundred (1400') feet with approval from the Public Works Director. B. Block design shall provide for two (2) tiers of lots except under special conditions where this is not feasible or practical. SECTION 8: AMENDMENT "Appendix B Engineering Standards" of the Rexburg Development Code is hereby amended as follows: The City of Rexburg's Engineering Standards are adopted by Resolution based on the standards and specifications set forth in the current edition of the Idaho Standards for Public Works Construction and Supplemental Conditions — Standard Drawings and Specifications. The City of Rexburg reserves the right to place on hold/shut down any project due to the springtime thaw. SECTION 9: AMENDMENT "3.02.08o Exception to Setback Requirements" of the Rexburg Development Code is hereby amended as follows: C. Permitted Building Projections with Conditions. The structures listed below may project into a minimum front or rear yard not more than four (4') feet, and into a minimum side yard not more than two (2') feet. 1. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features. 2. Stairways, balconies, door stoops, fire escapes, fireplaces, ems, awnings and planter boxes or other similar structures. i. Provided they do not exceed thirty (30") inches in height from the natural grade. ii. Provided they are not wider than eight (8') feet and are generally parallel to the wall of which they are a part. iii. Uncovered steps or a deck may not extend into the front setback more than one-third of the required setback. 3. Underground Structures. Underground structures maybe 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. i. Public Utility Easements. Building structures shall not encroach in Public Utility Easements. 4. Carports or Loading Dock. Carports and loading docks are allowed 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 io: AMENDMENT " 3.02.090 Screening and Landscaping" of the Rexburg Development Code is hereby amended as follows: C. Landscape Strip. In all zones, the area between the curb and gutter and the sidewalk is to be landscaped, per Rexburg Engineering Street Cross Sections, by the adjacent property owner. 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 owner as is the maintenance of the landscaped areas. 4. Mixed Use. Deciduous trees with a minimum caliper of two (2") inches and a maximum snacine of twentv (20') feet are required in Mixed Use Zones. 5. See Sight Triangle. SECTION ii: AMENDMENT "3.02.16o Sidewalks" of the Rexburg Development Code is hereby amended as follows: A. In all zones, all buildings erected, established, or rebuilt shall be required to place sidewalks at the l,,,,.,+;,,.. -per the current City Engineering Standards, . (See Appendix B) 1. Exempt in Transitional Agriculture (TAG) and Rural Residential 1 (RR1) zones. B. Mixed Use. Sidewalks parallel to any city street within a Mixed Use (MU) zone shall be a minimum of eight (8') feet wide. C. Sidewalk Access. Projects located within Medium Density Residential (MDR), High Density Residential (HDR) or Mixed Use (MU) zones are required to demonstrate sidewalk access to the BYU-I campus and to the nearest Substantial Commercial Cluster (See definition in Chapter 2). D. Parking Lots. 1. Sidewalks. The sidewalk shall be no less than six (6') feet wide where parked vehicles overhang the sidewalk. 2. Drainage. Parking lots shall provide adequate drainage which shall not run across or cover a public sidewalk. E. When a fence is placed adjacent to a public sidewalk in residential zones and no driveway access exists, a one (1') foot landscape strip shall be maintained between the standard sidewalk and the fence. 1. Exempt in Mixed Use (MU) SECTION 12: REPEAL "3.04.o6o(C) Parking Area Screening and Safety" of the Rexburg Development Code is hereby repealed: MW Mn :. :. ., SECTION 13: REPEAL "4.00.030 Sidewalks" of the Rexburg Development Code is hereby repealed: SECTION 14: AMENDMENT "4.01.010 Purposes and Objectives" of the Rexburg Development Code is hereby amended as follows: The RR1 Zone was established to provide rural residential zoning for the development and protection of single-family stab'- ouffAry 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. SECTION 15: REPEAL "4.01.03o Lot Area" of the Rexburg Development Code is hereby repealed: SECTION 16: REPEAL "4.01.04o Lot Width" of the Rexburg Development Code is hereby repealed: ■�.\.1::..:..::1..�:�\:l�'�'I\:\�:�.:�9:\�1�.�.�A:J:\.l A1:I:\A:\..: \:. ��1:��.����Yl �1\:1RT1 SECTION 17: REPEAL "4.01.05o Lot Depth" of the Rexburg Development Code is hereby repealed: .. —WERMAMP. SECTION 18: REPEAL "4.oi.o6o Lot Frontage" of the Rexburg Development Code is hereby repealed: P.1farM.W.W.9 MCI SECTION 19: AMENDMENT "4.01.07o Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to any lot or parcel of land in the RR1 zone. A. Maximum Density. The density shall not exceed one (1) single-family dwelling unit per one (1) acre. ffiay be plaeed on a lot of par -eel of land in the RRi: zone. B. Lot Area. The minimum lot area allowed is one (1) acre. C. Lot Dimensions. 1. Width. The minimum lot width allowed is one -hundred fifty 1 0' feet. 2. Depth. The minimum lot depth allowed is one -hundred fifty 1 0' feet. 3. Frontage. Each lot shall abut a public street for a minimum distance of thirty- five C36') feet. D. Permissible Lot Coverage. 1. Building Coverage. All 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 (l00%) of one (1) side yard. 2. Landscaping. At least fifty (so%) percent of the area of the lot shall be maintained in landscaping. E. Setback Requirements. 1. Front Setback. The minimum front yard setback is forty (40') feet from right- of-wa . 2. Rear Setback. The minimum rear yard setback is thirty (,o') 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. Accessory Buildings. (See subsection 3.02.060.) SECTION 2o: REPEALED "4.01.08o Yard Requirements" of the Rexburg Development Code is hereby repealed: _. . SECTION 21: REPEALED "4.ol.o90 Building Height" of the Rexburg Development Code is hereby repealed: HUn SECTION 22: REPEALED "4.01.100 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: • . :. SECTION 23: REPEALED "4.01.110 Parking, Loading and Access" of the Rexburg Development Code is hereby repealed: WIN -: - •: SECTION 24: AMENDMENT "4.01.12o Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection 3.p_3.o7o.) B. Setbacks and Right -of -Way Exceptions (See - subsections 3.02.050., 3.02.og80., 4.00.00:10.) C. Distance Between Buildings (See subsection 3.o2.o6o) D. Project Plan Approval (See subsection -4.02.1230.) F. Fencing (See subsection 3.o2.1oio.) F. Highway 20 Corridor. (See subsectiong.o2.1-ogo.F.) G. The City of Rexburg right-of-way width is dictated by City Engineering Standards. H. Refer to Section 4.0 for Development Rules that apply to all Residential Zones. I. Refer to Sections 3.2-3.7 for Development Rules that apply to all Zones. SECTION 25: AMENDMENT "4.02.010 Purposes and Objectives" of the Rexburg Development Code is hereby amended as follows: The RR2 Zone was established to provide rural residential zoning for the development and protection of stable eeunt--y single family neighborhoods. Conditional Uses in this area shall be 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. This zoning may be applied in areas where traffic flow is limited primarily to local area residents and where the expansion of transportation to areas adjacent to the zone is not anticipated. SECTION 26: REPEALED "4.02.030 Lot Area" of the Rexburg Development Code is hereby repealed: SECTION 27: REPEALED "4.02.040 Lot Width" of the Rexburg Development Code is hereby repealed: SECTION 28: REPEALED "4.02.05o Lot Depth" of the Rexburg Development Code is hereby repealed: SECTION 29: REPEALED "4.02.o6o Lot Frontage" of the Rexburg Development Code is hereby repealed: - -. .. .- - --- - - �- - •- -- -- - - . .IM SECTION 30: AMENDMENT "4.02.07o Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to any lot or parcel of land in the RR2 zone: A. !l,-.�rrg4e family dwelling y be placed en a lot ef- pafeel of land in the RR2 zone. B. Maximum Density. The density shall not exceed one (2) dwelling units per one (1) acre. C. Lot Area. The minimum lot area allowed is one-half (1/2) acre. D. Lot Dimensions. 1. Width. The minimum lot width allowed is one -hundred twenty 120' feet. 2. Depth. The minimum lot depth allowed is one -hundred forty 1 0' feet. 3. Frontage. Each lot shall abut a public street for a minimum distance of thirty- five 3,�') feet. E. Permissible Lot Coverage. 1. Building Coverage. All buildings, including accessory buildings and structures and impervious surfaces, shall not cover more than seventy(y70 ) percent of the area of the lot. a. Impervious Surface. On any lot, concrete or asphaltic cement shall not cover more than forty (40%) percent of a front, fift (so%) percent of a rear yard, and one hundred (t00%) percent of one (1) sided. 2. Landscaping. At least thirtv (.2o%) percent of the area of anv lot shall be maintained in landscaping. F. Setback Requirements 1. Front Setback. The minimum front yard setback is twenty-five (25') feet from right -of -wad 2. Rear Setback. The minimum depth of a rear yard setback is twenty-five (2.S') feet. 3. Side Setback. The minimum side yard setback is six (6') feet. 4. Projections. a. Side Yard Projections. No projection is allowed within a side yard setback. b. Box, Bow or Bay Windows. Box, Bow or Bay Windows, which are not wider than eight (8') feet, mgy project up to one (1') foot in a front setback and up to two (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 ton of the building's horizontal wall. H. Accessory Buildings. (See subsection 3.02.060.) SECTION 31: REPEALED "4.02.08o Yard Requirements" of the Rexburg Development Code is hereby repealed: .. W MW W -W SECTION 32: REPEALED "4.02.090 Building Height" of the Rexburg Development Code is hereby repealed: SECTION 33: REPEALED "4.02.100 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: ' t e .� ::•. :'. SECTION 34: AMENDMENT "4.02.12o Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection 3.o3.oZ.) B. Setbacks and Right -of -Way Exceptions (See subsections 02.050., '3.02.08,0., 4.00.010.) C. Distance Between Buildings (See subsection 3.02.060.) D. Fencing (See subsection 3.02.10}0.) E. Project Plan Approval (See subsection 1.02.1320.) F. Highway 20 Corridor. (See subsection -4.02.-o9o.F.) G. Refer to section 4.0 for Development Rules that apply to all Residential Zones. H. Refer to sections 3.2-3.7 for Development Rules that apply to all Zones. SECTION 35: REPEALED "4.03.030 Lot Width" of the Rexburg Development Code is hereby repealed: �.Mn; •mw SECTION 36: REPEALED "4.03.04o Lot Depth" of the Rexburg Development Code is hereby repealed: SECTION 37: REPEALED "4.03.05o Lot Frontage" of the Rexburg Development Code is hereby repealed: SECTION 38: AMENDMENT "4.03.060 Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to any lot or parcel of land in the LDRi zone. A. Maximum Density The density shall not exceed four (4) single-family dwelling units per one (1) acre. B. Lot Area. The minimum lot area allowed is ten thousand eight hundred ninety (lo,890 sq. ft.) square feet. C. Lot Dimensions. 1. Width The minimum lot width allowed is eighty (80') feet. 2. Depth The minimum lot depth allowed 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 Coverage. 1. Building Coverage All 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 (so%) percent of a rear yard, and one hundred (i00%) 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 Requirements. 1. Front Setback The minimum front yard setback is twenty-five (25') feet from right-of-way. a. Exception If there is a landscape strip of at least seven (7') feet, the front yard setback maybe reduced to twen , (20') feet from right -of- way. 2. Rear Setback. The minimum rear yard setback is twenty-five 2 feet. 3. Side Setback. The minimum side yard setback is six (6) feet 4. Projections. a. Side Yard Projections. No projection is allowed within a side yard setback. b. Box, Bow or Bay Windows. Box, Bow or Bay Windows, which are not wider than eight (8') feet, may project up to one W) foot in a front setback and up to two (21 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. Accessory Buildings. (See subsection 3.02.070.) SECTION 39: REPEALED "4.03.070 Yard Requirements" of the Rexburg Development Code is hereby repealed: M Mr M NO JV%M Mn have a side yard of at least seven and ene h 'r (7 , 2'` feet or E RI SECTION 40: REPEALED "4.03.08o Building Height" of the Rexburg Development Code is hereby repealed: building or structure, which emeeeds a ffiaximum height of thir-tY (30') feet, measured at the top of building's her-izental SECTION 41: REPEALED "4.03.090 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: buildings,A- Building Goverage. in an LDIki zone, all including accessory b-ailding p and structures (including impervious surfaces, e.g., driveways), shall not cover more than seventy (7oof) p nt of the area „f the 1„+or- par -eel � u l ceinentshaif notcovei inote than forty- front yard, fifty (50%) percent of a rear yard, and one .• SECTION 42: AMENDMENT "4.03.110 Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection 1.o,-3.o7o.) B. Setbacks and Right -of -Way Exceptions (See subsections .1.02.0150, 3.02.08o and 4.00.010.) C. Distance Between Buildings (See subsection 3.02.060.) D. Parking, Loading and Access (See section 3.4 and subsection 4.00.060.) E. Project Plan Approval (See subsection 3.02.120.) F. Fencing (See subsection 3.o2.1oo.) G. Highway 20 Corridor. (See subsection 3.o2.ogo.F.) H. Planned Unit Development. (See subsection 1o.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 43: REPEALED "4.04.030 Lot Width" of the Rexburg Development Code is hereby repealed: SECTION 44: REPEALED "4.04.04o Lot Depth" of the Rexburg Development Code is hereby repealed: SECTION 45: REPEALED "4.04.05o Lot Frontage" of the Rexburg Development Code is hereby repealed: VIC- SECTION 46: AMENDMENT "4.04.06o Lot Configuration Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to an, lot of or parcel of land in the LDR2 zone: A. Maximum Density. The density shall not exceed six (6) single-family dwelling units per one (1) acre. 2. Consolidation of density maybe achieved through an approved Planned Unit Development or with designated open -space areas. B. Lot Area. The minimum lot area allowed is seven thousand two hundred sixty (7,26o sq. ft.) square feet. C. Lot Dimensions. 1. Width. The minimum lot width allowed is sixty (66) feet. 2. Depth. The minimum lot depth allowed is sixty (60 feet. 3. Frontage. Each lot shall abut a public street for a minimum distance of twenty-four (24') feet. D. Permissible Lot Coverage. 1. Building Coverage. All 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 (5o%) percent of a rear Yard, and one hundred (i00%) percent of one (1) side yard. 2. Landscapiniz. At least thirty (.20%) Dercent of the area of anv lot shall be maintained in landscaping. E. Setback Requirements. 1. Front Setback. The minimum front yard setback is twenty-five (2S') feet from right-of-way. a. Exception. When the street upon which the parcel fronts have a landscape strip of at least seven (7') feet, the front yard setback may be reduced to twenty (20') feet from right -of way. 2. Rear 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 allowed within a side yard setback. b. Box, Bow or Bay Windows. Box, Bow or Bay Windows, which are not wider than eight (8') feet, mqy project up to one W) foot in a front setback and up to two (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 (,o') feet, measured at the top of the building's horizontal wall. G. Accessory Buildings. (See subsection ,g.o2.o60.) SECTION 47: REPEALED "4.04.070 Yard Requirements" of the Rexburg Development Code is hereby repealed: --min J% . . SECTION 48: REPEALED "4.04.08o Setbacks and Rights -Of -Way Exceptions" of the Rexburg Development Code is hereby repealed: EAMMI.....- MW SECTION 49: REPEALED "4.04.090 Building Height" of the Rexburg Development Code is hereby repealed: SECTION 50: REPEALED "4.04.100 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: . frentyar-d, fifty . :. ::. . SECTION 51: AMENDMENT "4.04.12o Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection -3.Q3.o .) B. Distance Between Buildings (See subsection 3.02.060.) C. Parking, Loading and Access (See Section 3.4, and subsection 4.00.060.) D. Project Plan Approval (See subsection 3.02.120.) E. Fencing (See subsection ,4.o2.10 .) F. Highway 20 Corridor. (See subsection 3.02.090. G. Planned Unit Development. (See subsection l0.06.010.) 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 52: AMENDMENT "4.05.010 Purposes and Objectives" of the Rexburg Development Code is hereby amended as follows: The LDR3 zone was established to protect stable neighborhoods of as single-family dwellings on smaller lots. The conditional uses allowed in this district shall be compatible with single-family homes on landscaped lawns, low building heights, predominantly off-street parking, low traffic volumes, and low nuisance potential. SECTION 53: REPEALED "4.05.030 Lot Width" of the Rexburg Development Code is hereby repealed: SECTION 54: REPEALED "4.05.04o Lot Depth" of the Rexburg Development Code is hereby repealed: SECTION 55: REPEALED "4.05.05o Lot Frontage" of the Rexburg Development Code is hereby repealed: pu .. IM SECTION 56: AMENDMENT "4.05.060 Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to any lot or parcel of land in the LDR3 zone. A. Maximum Density. The maximum density shall not exceed is ten (io) dwelling units per one (1) acre. Consolidation of density maybe achieved through an approved Planned Unit Development or designated open -space areas. B. Lot Area. The minimum lot area allowed is four thousand three hundred fifty-six (4,356 sq. ft.) square feet. C. Lot Dimensions. 1. Width. The minimum lot width allowed is sixty (60 feet 2. Depth. The minimum lot depth allowed is sixty (6o') feet 3. Frontage. Each lot shall abut a public street for a minimum distance of twenty-four (24') feet. D. Permissible Lot Coverage. I . Building Coverage. All buildings, including accessoM 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 Cso%) percent of a rear ,bard and one hundred (i00%) 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 Requirements. 1. Front Setback. The minimum front yard setback is twenty- five (25') feet from right- of -way. a. Exception. When the street upon which the parcel fronts have a landscape stria of at least seven (7') feet, the front yard setback may be reduced to twenty 20 feet from right-of-way. 2. Rear 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 Proiections. No moiection is allowed in a side yard setback. b. Box, Bow or Bay Windows. Box Bow or Bay Windows, which are not wider than eight (8') feet, may project up to one W) foot in a front setback and up to two (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 (So') feet, measured at the top of the _buildinR's horizontal wall. G. Accessory Buildings. (See subsection 3-02.060.) SECTION 57: REPEALED "4.05.070 Yard Requirements" of the Rexburg Development Code is hereby repealed: G. Side Vapd. Eaeh let " puNia.a va •uaiu in aiufeet. SECTION 58: REPEALED "4.05.090 Setbacks and Rights -Of -Way Exceptions" of the Rexburg Development Code is hereby repealed: SECTION 59: REPEALED "4.05.ioo Building Height" of the Rexburg Development Code is hereby repealed: A. No let or- par -eel of land in the .. - --- c--- -_ ----- - ------ -- -- exceeds - . of thirty • -• at the top• • • her-iZontal wall. B. Aeeessory Strtietupe. in ne ease sha4l the height of an the same let. SECTION 6o: REPEALED "4.05.110 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: including accessory baflding p and stractares (including impervious• not • more than se-,�enty (7o%) per-eent of the area ef the lot or- par -eel e B. Landseaping. At least thirty (30%) per-eent ef the area of an lot shall be mainta in landsea ' cement shMl not •v-r inoi - than foii . pet centof front yard, fifty (50%) percent of a rear yard, and one SECTION 61: AMENDMENT "4.o6.o10 Purposes and Objectives" of the Rexburg Development Code is hereby amended as follows: The MDR1 zone was established to protect stable neighborhoods of aaetaehea 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 with 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 62: REPEALED "4.o6.03o Lot Width" of the Rexburg Development Code is hereby repealed: .... ................. ;.-'.I.:.,. _.._,.\ 1..,_�%_Pm. SECTION 63: REPEALED "4.o6.04o Lot Depth" of the Rexburg Development Code is hereby repealed: SECTION 64: REPEALED "4.o6.05o Lot Frontage" of the Rexburg Development Code is hereby repealed: SECTION 65: AMENDMENT "4.06.06o Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to any lot or parcel of land in the MDRi zone: A. Maximum Density. The density shall not exceed is sixteen (16) dwelling units per one (1) acre. 1. Consolidation of density maybe achieved through an approved Planned Unit Development or designated open -space areas. B. Lot Dimensions. 1. Width. The minimum lot width allowed is sixty (66) feet. 2. Depth. The minimum lot depth allowed is sixty (60 feet. 3. Frontage. Each lot shall abut a public street for a minimum distance of twenty-four 2 feet. C. Permissible Lot Coverage. 1. Building Coverage. All 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 f0M (40%) percent of a front yard, fifty((.50%) percent of a rear, and one hundred (l00%) percent of one (1) side yard. 2. Landscaping. At least twenty (20%) percent of the area of anX lot shall be maintained in landscaping. D. Setback Requirements. 1. Front Setback. The minimum front yard setback is twenty- five (25') feet from right- of -way. a. Exception. When the street upon which the parcel fronts have a landscape strip of at least seven (z') feet, the front yard setback maybe reduced to twenty 20' feet from right-of-way. b. Exception. If all parking spaces are located behind the building, the front �Lar setback may be reduced to fifteen (15') feet. 2. Rear 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. Building Height. a. The maximum height of any building or structure shall be forty (40') feet, measured at the top of the building's horizontal wall. b. Accessory Buildings. (See subsection'1.02.070) SECTION 66: REPEALED "4.06.070 Yard Requirements" of the Rexburg Development Code is hereby repealed: ALN-- AMMAN Eefflm i.RAM - W V.1 • SECTION 617: REPEALED "4-o6.o8o Setbacks and Rights -Of -Way Exceptions" of the Rexburg Development Code is hereby repealed: ■I�.i.�.].a:t�i�:�.i �:ii.�frv�a �li��aii�ai��.w�=a �i�ii� SECTION 68: REPEALED "4.o6.ogo Building Height" of the Rexburg Development Code is hereby repealed: M FROM - building or .. f6AY WE)') feet measur-ed at the top ef building's her-izental wftiL Residential ZoneD' buildings adjaeent te the .. zone) shall be ne greater- than I.- eight of ar, acces• -• the height of any main str-tieturre an the same let. D. Gables and der-mer-s are net ineluded in height ealeulatiens - - - ---- - overall peak SECTION 6g: RFPFAI.ED "4.o6.1oo Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: BtAlding Goverage. in an „.. includingi zone, all buRdings, - buildings and structures(including impervious• not • more than seventy . i��R.. ►i [.1 WON fie :P SECTION 617: REPEALED "4-o6.o8o Setbacks and Rights -Of -Way Exceptions" of the Rexburg Development Code is hereby repealed: ■I�.i.�.].a:t�i�:�.i �:ii.�frv�a �li��aii�ai��.w�=a �i�ii� SECTION 68: REPEALED "4.o6.ogo Building Height" of the Rexburg Development Code is hereby repealed: M FROM - building or .. f6AY WE)') feet measur-ed at the top ef building's her-izental wftiL Residential ZoneD' buildings adjaeent te the .. zone) shall be ne greater- than I.- eight of ar, acces• -• the height of any main str-tieturre an the same let. D. Gables and der-mer-s are net ineluded in height ealeulatiens - - - ---- - overall peak SECTION 6g: RFPFAI.ED "4.o6.1oo Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: BtAlding Goverage. in an „.. includingi zone, all buRdings, - buildings and structures(including impervious• not • more than seventy . i��R.. ►i [.1 WON fie :P lot shall be maintained in lands�s n- , 0 yard, and one hundred (l00%) percent of one (1) side yard. SECTION 70: REPEALED "4.06.110 Parking, Loading and Access" of the Rexburg Development Code is hereby repealed: SECTION 71: AMENDMENT "4.06.12o Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection 3.03.070.) B. Distance Between Buildings (See subsection 3.02.060.) C. Parking, Loading and Access (See section 3.4 and subsection 4.00.060.) D. Project Plan Approval (See subsection 3.02.130.) E. Fencing (See subsection 3.02.110.) F. Highway 20 Corridor. (See subsection 3.02.1oo.F.) G. Pedestrian Emphasis District Setbacks. Setbacks are decreased as per Chapter 9, Pedestrian Emphasis District. (See section 9.01.040.) H. Residential Design Standards (See subsection 4.00.050.) I. Planned Unit Development. (See subsection 1o.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. Sidewalk Access. (See ,3.04.o6o.C.) SECTION 72: REPEALED "4.07.030 Lot Width" of the Rexburg Development Code is hereby repealed: SECTION 73: REPEALED "4.07.04o Lot Depth" of the Rexburg Development Code is hereby repealed: „.. SECTION 74: REPEALED "4.07.05o Lot Frontage" of the Rexburg Development Code is hereby repealed: „.. SECTION 75: AMENDMENT "4.07.06o Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements applyto o any lot or Parcel of land in the MDR2 zone: A. Maximum Density. The maximum densitv is twentv (20 dwelling units per one (1) acre. 1. Consolidation of density may be achieved through an approved Planned Unit Development or designated open -space areas. B. Lot Dimensions. 1. Width. The minimum lot width allowed is sixty (60 feet. 2. Depth. The minimum lot depth allowed is sixty (60 feet. 3. Frontage. Each lot shall abut a public street for a minimum distance of twenty-four (24') feet. 4. Permissible Lot Coverage. a. Building Coverage. All buildings. includin accessory buildings or structures and impervious surfaces, shall not cover more than eighty 8o% percent of the area of the lot. Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a front yard, fifth (50%) percent of a rear mod, and one hundred (i00%) percent of one (1) side yard. b. Landscaping. At least twenty (20%) percent of the area of the lot shall be maintained for landscaping. C. Setback Requirements. 1. Front Setback. The minimum front yard setback is twenty-five (25') feet from right-of-way. a. Front Yard Reduced Setback. When the street upon which the parcel fronts have a landscape strip of at least seven (7') feet, the front yard setback maybe reduced to twenty (20') feet from right-of-way. b. Reduced Setback for Parking. If all parking spaces are located behind the building, the front yard setback may be reduced to fifteen i ' feet. 2. Rear 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 W) foot of building height, whichever is greater. a. Side Yard Reduced Setback. A setback of ten (lo') feet shall be allowed within side yards that abut other MDR zones, HDR 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 wall. E. Accessory Buildings. (See subsection .02.060. SECTION 76: REPEALED "4.07.070 Yard Requirements" of the Rexburg Development Code is hereby repealed: .. �::..:..::...::...:.:..�• . ..Z:: I - MIN M Me Pei EMU .. .. SECTION 77: REPEALED "4.07.08o Setbacks and Rights -Of -Way Exceptions" of the Rexburg Development Code is hereby repealed: �� tntani■iinf�ii-�i.y�nii�ia�-..i����i�i�u� SECTION 78: REPEALED "4.07.090 Building Height" of the Rexburg Development Code is hereby repealed: ■ .MR.. .. M. .. SECTION 79: REPEALED "4.07.100 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: id _ OMw ; PC P-W .• SECTION 8o REPEALED "4.07.110 Parking, Loading and Access" of the Rexburg Development Code is hereby repealed: (See seetien q-4 and SECTION 81: AMENDMENT "4.07.12o Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection �3.o3. oZo.) B. Distance Between Buildings (See subsection 3.02.060.) C. Parking, Loading and Access (See section _3.4 and subsection 4.00.060.) D. Project Plan Approval (See subsection - .off 2.I.3o.) E. Fencing (See subsection ,3.02.110.) F. Highway 20 Corridor. (See subsection _3.02.1oo.F.) G. Residential Design Standards (See subsection 4.00.050.) H. Planned Unit Development. (See subsection 1o.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. Sidewalk Access. (See 3.04.o6o.C.) SECTION 82: REPEALED "4.08.030 Lot Width" of the Rexburg Development Code is hereby repealed: •�.��1.. ;; -. Z. -. M . IT r 111". IMEMS/■ JA -A-/\\\RR41 SECTION 83: REPEALED "4.08.04o Lot Depth" of the Rexburg Development Code is hereby repealed: .. !V .\ M ............ ��\mil �I•.l..!•.l 1// J\��A�/�l 1A1�1I\�'�/�L/-!\�1�1 �1 SECTION 84: REPEALED "4.08.05o Lot Frontage" of the Rexburg Development Code is hereby repealed: SECTION 85: AMENDMENT "4.08.06o Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to any lot or parcel of land in the HDR1 zone: A. Maximum Density. The maximum density shall not exceed is thirty (30) dwelling units per one (1) acre. 1. For Dormitory or Congregate Residential uses, regardless of actual number of dwellings, the density shall not exceed one -hundred -eighty (180) individuals per acre. 2. PED. The Pedestrian Emphasis District (PED) density is regulated by the University, the adopted Building Code, and any requirements imposed as part of the required CUP. (See section 9.1.) B. Lot Area. The minimum lot area allowed is one-half (1/2) acre. C. Lot Dimensions. 1. Width. The minimum lot width allowed is one-hundred-eigh (180 feet. 2. Depth. The minimum lot depth allowed is sixty (60 feet. 3. Frontage. Each lot shall abut a public street for a minimum distance of twenty-four (24') feet. D. Permissible Lot Coverage. 1. Building Coverage. All buildings, including accessorX buildings or structures and impervious surfaces, shall not cover more than eighty (8o%) 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 (t00%) 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 Requirements. 1. Front Setback. The minimum front yard setback is ten (10 feet from right- of -way and a landscape strip of at least seven ff) feet must be present. a. Sight Triangle. (See subsection 3.02.05) b. Parking. (See section 3.4) 2. Rear 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 (t') foot of building height, whichever is greater. 4. Projections. a. Underground Parking Structures. Underground parking structures maybe 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 W) 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 wall. 2. Accessory Buildings. (See subsection 3.02.o6o) SECTION 86: REPEALED "4.08.070 Yard Requirements" of the Rexburg Development Code is hereby repealed: :. ..' 2mr. SECTION 87: REPEALED "4.08.08o Setbacks and Rights -Of -Ways" of the Rexburg Development Code is hereby repealed: L�1�i.l Rl n1�l�lll:Ilf�iML 1 ' SECTION 88: REPEALED "4.08.090 Building Height" of the Rexburg Development Code is hereby repealed: ■ 0,1111111,11,191 : SECTION 89: REPEALED "4.o8.1oo Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: shall be maintained in lulraoctil7Iitg, 2. On 1,' ., „ let, L, VVi 1, to „ „lti eement L It u 1 net eever- mee than f ,. tY (. „% pPrV11Leent of a f + a a r- ,'UlU andone „+ ( ) 1✓^rLL11L elone (1) 'd SECTION go: REPEALED "4.08.110 Parking, Loading and Access" of the Rexburg Development Code is hereby repealed: Sidewalk Aeeess. See-3-:04-o6e-C-) SECTION 91: AMENDMENT "4.08.120 Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection 3.0.1.070.) B. Distance Between Buildings (See subsection 3.02.060.) C. Project Plan Approval (See subsection 3.02.120.) D. Fencing (See subsection g.02.100.) E. Highway 20 Corridor. (See subsection 3.02.0 oco..F) F. Buffers. (See subsection 3.02.100.) G. Residential Design Standards (See subsection 4.00.05o.) H. Pedestrian Emphasis District (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. Sidewalk Access. (See L,3.o4.o6o.C.) M. Parking, Loading and Access (See section .1.4 and subsection 4.00.060.) SECTION 92: REPEALED "4.09.030 Lot Width" of the Rexburg Development Code is hereby repealed: The minimum let N-Mth in the HDR2 zone is two hundfed (200') feet. SECTION 93: REPEALED "4.09.04o Lot Depth" of the Rexburg Development Code is hereby repealed: The minimum lot depth in the HDR:2 zone is sixty (6o') feet. SECTION 94: REPEALED "4.09.05o Lot Frontage" of the Rexburg Development Code is hereby repealed: Eaeh lot ef par -eel of land in the 14DR2 zene sha4l abut a publie street aVl u 1Vul t line of the street „r .,l t f � e„1 ,lsaeimproved �y V<+L Vl U1V11 �. Llll. trll {� to 'itystan .,r.7[ Frontage street .7 1.,' 1, �] not 1. l City µV 1 1 V11LUE,V Vll U , de sae e + City + ,l ds shall +i ilve eetttrC tteeting- w`�r improved LV Vll,' standards, , thr-equir-ement. SECTION 95: AMENDMENT "4.09.06o Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to any lot or parcel of land in the HDR2 zone: A. Maximum Density. The maximum density shall not exceed is forty-two (42) units per one (1) acre. 1. For Dormitory or Congregate Residential uses, regardless of actual number of dwellings, the density shall not exceed two -hundred -fifty-two (252) individuals per acre. 2. The Pedestrian Emphasis District (PED) density is regulated by the University, the adopted Building Code, and any requirements imposed as part of the required CUP. (See section Q.s. ) B. Lot Area. The minimum lot area allowed is one-half (1/2) acre C. Lot Dimensions. 1. Width. The minimum lot width allowed is one -hundred -eight (180') feet. 2. Depth. The minimum lot depth allowed is sixty (60 feet. 3. Frontage. Each lot shall abut a public street for a minimum distance of twenty-four (24') feet. D. Permissible Lot Coverage. 1. Building Coverage. All 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 ( o%) percent of a rear vard, 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 Requirements. 1. Front Setback. The minimum front vard setback is ten (10 feet from rijzht- of-wav and a landscape stria of at least seven (7') feet must be present. a. Sight Triangle. (See subsection 3.02.0 b. Parking. (See section 8.4) 2. Rear Setback. The minimum rear yard setback is twentv (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. Underground Parking Structures. Underground parking structures maybe 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 (5s') feet, measured at the top of the building's horizontal wall. 2. Accessory Buildings. (See subsection .02.060 SECTION 96: REPEALED "4.09.070 Yard Requirements" of the Rexburg Development Code is hereby repealed: . . 2. . . - _.. �,.. SECTION 97: REPEALED "4.og.o8o Setbacks and Rights -Of -Way Exceptions" of the Rexburg Development Code is hereby repealed: ��.aa:��i..it�iZ'a�:iirt►ir�i�.rLQ�tfi�.+u:�. l=af i ri�� SECTION 98: REPEALED "4.09.090 Building Height" of the Rexburg Development Code is hereby repealed: - - VVIIJAAI UAUCCUO C1 JUICtAIMUM 1IVZ,'161iL--Ur-- -. at the top of building's her-izenta4 r-eefi, sha4l net be ineltided in the meastir-ement of tetM building height. Div-P w Wo lh--.qff .. .. SECTION 99: REPEALED "4.09.100 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: Buildingoverage... Wid structures (including impervious• not • - more than eighty (8E)%) per-eent of the afea of the let er- par -eel of cement shail not cover rnore than f6rty & Permeable Surface. On any lot, eonerete or aspha4tie front yard and one hundred (i00%) percent of one (1) side SECTION ioo: REPEALED "4.09.110 Parking, Loading and Access" of the Rexburg Development Code is hereby repealed: SECTION iol: AMENDMENT "4.09.12o Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection ,3.oj.o.) B. Distance Between Buildings (See subsection .1. o2. o6o.) C. Project Plan Approval (See subsections 02.130.) D. Fencing (See subsection 3.02.110.) E. Highway 20 Corridor. (See subsection .3.o2.loo.F.) F. Buffers. (See subsection 3.02.100.) G. Residential Design Standards (See subsection 4.00.0170.) H. Pedestrian Emphasis District (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. Sidewalk Access. (See .104.o6o.C.) M. Parking, Loading and Access (See section .-3.4 and subsection 4.oao6o.) SECTION 102: AMENDMENT "5.01.010 Purpose and Objectives" of the Rexburg Development Code is hereby amended as follows: 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 io% of grade- level footprint, whichever is greater. SECTION 103: REPEALED "5.01.03o Lot Area" of the Rexburg Development Code is hereby repealed: SECTION ioo: REPEALED "5.01.04o Lot Width" of the Rexburg Development Code is hereby repealed: SECTION io5: REPEALED "5.01.05o Lot Depth" of the Rexburg Development Code is hereby repealed: The mininitim lot depth in the MU zone is sixty (6o') feet, SECTION io6: REPEALED "5.oi.o6o Lot Frontage" of the Rexburg Development Code is hereby repealed: SECTION 10 7: AMENDMENT "5.01.07o Lot Configuration" of the Rexburg Development Code is hereby amended as follows: The following requirements applyto an loft or parcel in the MU zone. A. Maximum Density. The density shall not exceed thirty (30) dwelling units per acre. B. Lot Area. The minimum lot area allowed is one-half (1/2) acre. C. Lot Dimensions. 1. Width. The minimum lot width allowed is sixty (60 feet. 2. Depth. The minimum lot depth allowed is sixty (60 feet. 3. Frontage. Each lot shall abut a public street for a minimum distance of twenty-four (24') feet. D. Permissible Lot Coverage. 1. Building Coverage. All buildings, including accesso buildings or structures and impervious surfaces, shall not cover more than ninety (go%) percent of the area of the lot. a. Impervious Surface. Concrete or asphaltic cement shall not cover more than forty (40%) percent of a frontward, fifty (50%) percent of a rear yard, and one hundred (t00%) percent of one (1) side yard. 2. Landscaping. At least ten (io%)percent of the area of the lot shall be maintained for landscaping. E. Setback Requirements. Front Setback. a. Commercial. The minimum front vard setback for a commercial element can be zero (o') feet from right-of-way unless otherwise restricted. b. Residential. The minimum yard setback for a residential element is five (s') feet from right-of-way provided the minimum amount of commercial is included in the overall project. c. Sidewalk. (See subsection 5.01.130) 2. Rear 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 fi , -five (5,5') feet, measured at the top of the building's horizontal wall. 1. Exception. An unroofed or unenclosed rooftop terrace enclosed stairwell or elevator providing access to the roof, shall not be included in the measurement of total building height. 2. Additional height ma b�quested in a Conditional Use Permit G. Commercial Adjacent to Residential: Transitional Development Standards. (See subsection 3.02.o80.a) H. Accessory Buildings. (See subsection 3.02.060. ) SECTION io8: REPEALED "5.01.o8o Density" of the Rexburg Development Code is hereby repealed: SECTION log: REPEALED "5.01.090 Yard Requirement" of the Rexburg Development Code is hereby repealed: REM P • -- - -- : . .. B. Rear Yard. A minimum r-ear- yafd of at least six (6') feet sha be r-equired when a slope r-eef drains toward r-ear- yard required when a sloped E. Development Standards. (See subseetien q.e2.Q8e.Q.) �1.�1a.�I�l��l!4:t.11l�i:/IfA SECTION no: REPEALED "5.oi.loo Building Height" of the Rexburg Development Code is hereby repealed: !� ,,k. Building height for- all uses sha4l be measur-ed from adjaeent n,.a 1 „ye to the tee „f the highest her-izentpAwall top prase: An nl-eefed and unenelesed r-eeftep ter-r-aee, an enclosed stairwell or elevator providing access to the roof, shall not be included in the measur-ement ef total building height, 44- Teleeomnttiniention Towers. The Planning and Zoning B. Rear Yard. A minimum r-ear- yafd of at least six (6') feet sha be r-equired when a slope r-eef drains toward r-ear- yard required when a sloped E. Development Standards. (See subseetien q.e2.Q8e.Q.) �1.�1a.�I�l��l!4:t.11l�i:/IfA SECTION no: REPEALED "5.oi.loo Building Height" of the Rexburg Development Code is hereby repealed: !� ,,k. Building height for- all uses sha4l be measur-ed from adjaeent n,.a 1 „ye to the tee „f the highest her-izentpAwall top prase: An nl-eefed and unenelesed r-eeftep ter-r-aee, an enclosed stairwell or elevator providing access to the roof, shall not be included in the measur-ement ef total building height, 44- Teleeomnttiniention Towers. The Planning and Zoning ,,k. Building height for- all uses sha4l be measur-ed from adjaeent n,.a 1 „ye to the tee „f the highest her-izentpAwall top prase: An nl-eefed and unenelesed r-eeftep ter-r-aee, an enclosed stairwell or elevator providing access to the roof, shall not be included in the measur-ement ef total building height, 44- Teleeomnttiniention Towers. The Planning and Zoning WE Me SECTION 111: REPEALED "5.01.110 Sidewalk Access" of the Rexburg Development Code is hereby repealed: SECTION 112: REPEALED "5.01.120 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: SECTION 113: REPEALED "5.01.130 Parking and Sidewalks" of the Rexburg Development Code is hereby repealed: ■ �� � s-i . s ice.' � � ii i'ia�l �� SECTION 114: AMENDMENT "5.01.15o Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection ,3.0��.070.) B. Projections Into Yards (See subsection 3.o2.ogo ) C. Project Plan Approval (See subsection ,3.02.1�0.) D. Lighting Standards (See section 3.6.) E. Highway 20 Corridor (See subsection ,3.02.1oo.F.) F. Landscaping. (See subsection ,4.o2.loeogo.) G. Trash Storage. (See subsection 3.02.120.) H. Commercial Design Standards (See section 6.o.) I. Parking (See section 3.4) J. Sidewalks (See subsection 3.02.16o) K. Signs (See section ,i.5) SECTION 115: AMENDMENT "5.02.010 Purpose and Objectives." of the Rexburg Development Code is hereby amended as follows: The Transitional Agricultural zone is intended to anticipate expansion of the City into agricultural areas (lands). Permitted uses in the TAG zones include all primary agricultural production activities and their accessory uses and buildings, including farm homes. The TAG zone is established to ensure transitional regulations pursuant to and provide uniform enablement of the provisions of sections 9.�2 of this title. SECTION 116: AMENDMENT "5.02.020 Permitted Uses" of the Rexburg Development Code is hereby amended as follows: The following principal uses and structures indicated as "P," and no others, shall be permitted in the TAG zone. The following uses and structures indicated as "CUP" may be permitted in the TAG zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. TRANSITIONAL AGRICULTURE Resource Production Agriculture P Residential Single-family Dwelling P Group Housing Boarding Houses (See subsection 02.16o.) P Care Facilities Group Home (Disabled &Elderly; under eight residents) P Hospitals CUP Places of Worship Churches, Synagogues and Temples CUP Recreation Public buildings CUP Stadiums, arenas, field houses CUP Schools, public or private Schools CUP Services Accessory Home Business (See subsection 4.00.o4o.) CUP Accessory Home Occupation (See subsection 4.00.o4o.) P Airports CUP Animal Veterinarian Services (inside CUP only) Cemeteries CUP Commercial Kennels I CUP Utilities I Broadcasting Towers I CUP A. Permitted Accessory Uses. (See subsections 3.02.070, 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. B. No Open Storage. Nothing herein shall be construed to permit the open storage of materials or equipment used in conjunction with permitted uses or shall be concealed from view from public or private streets. C. Livestock. No more than ten (1o) livestock per acre are permitted in a TAG zone. However, 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 eggfarms, arms, hog farms, dog kennels, honey processing, and similar uses which would constitute a "business" as opposed to that of the raising of agricultural crops and/or pasture. SECTION 117: REPEALED "5.02.030 Permitted Accessory Uses" of the Rexburg Development Code is hereby repealed: 10 •M or L ^j• ••ILIA%tlt� \ . • • • • • ME. 01 • • • • • • SECTION 118: REPEALED "5.02.04o Lot Area." of the Rexburg Development Code is hereby repealed: SECTION 11q: REPEALED "5.02.05o Lot Frontage" of the Rexburg Development Code is hereby repealed: av ; ; SECTION 120: REPEALED "5.02.06o Lot Width" of the Rexburg Development Code is hereby repealed: SECTION 121: AMENDMENT "5.02.07o Lot Configuration and Density" of the Rexburg Development Code is hereby amended as follows: The following requirements apply to any lot or parcel of land in the TAG zone. 1. Maximum Density. The density shall not exceed one One (1) single-family dwelling unit per let one (1) acre. 2. Lot Area. The minimum lot area allowed is one (1) acre. 3. Lot Dimensions. a. Width. The minimum lot width allowed is one hundred eighty (18o') feet. b. Depth. The minimum lot depth allowed 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 Coverage. a. Building Coverage. All buildings, includin-_accesso buildings or structures and impervious surfaces, shall not cover more than thirty (,,io%) percent of the area of the lot. 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 (l00%) 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 Requirements a. Front Setback The minimum front yard setback is fifty (50') feet from right- of -way. b. Rear Setback The minimum rear yard setback is forty (40') feet. c. Side Setback The minimum side yard setback is ten (io') feet. 6, Building Height The maximum height of anybuilding or structure is thirty (30') feet, measured at the top of the building's horizontal wall. 7. Accessory Buildings. (See subsection .o2.o6o. a. Agriculture Buildings. By State Law, agricultural buildings, as defined by the State of Idaho, are exempt from Building Codes. SECTION 122: REPEALED "5.02.08o Yard Requirements." of the Rexburg Development Code is hereby repealed: A= Front Yard. Eaeh lot or pareel of land in the TAG zone shall have a front yard of i not' a%ci.iiuii t fftY ( 0') feet from fight e f u used for vehicular parking or maneuvering except such portion 1 f ,l ' the T G 1, ll D�; 6�6%�3urccrvrraircriirrrn��z6ire�xiitrr have aside yafd setba ef net less than ten (io') feet and - such portion as is devoted to driveway use for direct access from . o= Rear Yard. Eaeh lot or pareel of land in the TAG Zone sha4l have a rear yard setback E)f net less than twenty five (25') feet SECTION 123: REPEALED "5.02.090 Building Height." of the Rexburg Development Code is hereby repealed: SECTION 124: REPEALED "5.02.100 Permissible Lot Coverage" of the Rexburg Development Code is hereby repealed: SECTION 125: REPEALED "5.02.110 Code Exemptions of Agriculture Buildings" of the Rexburg Development Code is hereby repealed: SECTION 126: AMENDMENT "5.02.12o Referenced Sections" of the Rexburg Development Code is hereby amended as follows: A. Prior Created Lots (See subsection 3.03.oZ.) B. Projections Into Yards (See subsections 3.02.090.) C. Distance Between Buildings (See subsection 3.02.060.) D. Parking, Loading and Access (See section 3.4) E. Project Approval (See subsection 3.02.120.) F. Landscaping. (See subsection 3.02.100.) G. Trash. (See subsection 3.02.120.) H. Signs. (See section 3.5•) I. Lighting Standards (See section 3.6.) SECTION 127: REPEALED "10.03.050 Plat Recording Time Limitation" of the Rexburg Development Code is hereby repealed: SECTION i28: AMENDMENT " 10.03.08o File With County Recorder" of the Rexburg Development Code is hereby amended as follows: The Plat shall be filed with the County Recorder within six (6) months after approval by the Council, otherwise such approval shall become invalid unless an extension of time is applied for and granted. A. Communicate with City. Recording number is communicated to the City Planning & Zoning office to finalize permit. B. Extension. G e An extension of a six (6) month time period may be granted, for good cause, by the City Council. Planning ing and Zoning the exthesixpir-ationmenthpefied, " net emeeed an addifiena4 six (6) menths. a. Extension Request. A written extension request must be received by the Planning and Zoning Administrator prior to the expiration deadline in order to be valid. b. Consistent with Zoning. Also, provided that the extension is consistent with then -existing city zoning ordinance requirements, in relation to then existing conditions. e— . C. Expiration. If an approved Plat expires, whether as to the entire area proposed for development or as to yet unbuilt portions of development, then a completely new application must be submitted prior to reconsideration. a. An application for reconsideration shall be treated as an original application and shall be subject to all of the procedures of this chapter. SECTION 129: AMENDMENT "3.04.070 Parking Surface" of the Rexburg Development Code is hereby amended as follows: All parking areas, aisles and driveways shall be surfaced with asphalt or concrete. A. Asphalt is not allowed for sidewalks crossing driveways and for the driveway approach between the street and the sidewalk. (See Appendix B: City Engineering Standards.) B. Parking areas shall be provided with 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. Asphalt or concrete is not required for storage areas or storage facilities when an improved and maintained gravel surface is provided (See Appendix B: City Engineering Standards.) as long as the following three (3) requirements are met: a. Driveway. Provide a sixty (60') feet minimum long concrete or asphalt access driveway between the aforementioned lot and the public right-of-way. b. Loading Space. Provide a forty by twelve (40 x 12) square foot loading space (as per subsection 3.04.100) without regard to overall building size) directly in front of any and all fully enclosed storage units/spaces less than ten by twenty (10 x 20) square feet or any interior entrance to a series of fully enclosed units/spaces. c. Off-street Parking. Provide ample a minimum of 3 dedicated off- street parking spaces separate from the storage area. SECTION 130: REPEALER CLAUSE Providing for other substantive and non -substantive changes in the Development Code as recommended and approved by the Planning and Zoning Commission of the City of Rexburg, Idaho. Furthermore, any portion ofthe existing Development Code in conflict with this proposed amendment is hereby repealed. SECTION 131: SEVERABILITY CLAUSE The provisions of this Ordinance shall be deemed severable and a finding by a court of law that a provision of the Ordinance is unlawful shall have no effect on the remaining provisions. SECTION 132: EFFECTIVE DATE The City of Rexburg, Idaho City Council shall enact this Ordinance (#23-0o8n) amending Ordinance 1200 otherwise knownas the Development Code of the City of Rexburg, Idaho upon its passage, approval and publication; and shall be in full force and effect from February 21, 2024, and after the required approval and publication according to law. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this list day of February 2024. rnrr�i Y G F =:.CORPp�,�� v, PA! ATTEST: Deborah Lovejoy, City Clerk STATE OF IDAHO) ) ss. County of Madison) a .Jerry M rill, Mayor I, DEBORAH LOVEJOY, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true, and correct copy of the Ordinance Entitled: AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO ACCESSORY DWELLING UNITS (ADU), RESIDENTIAL RENTAL PROPERTIES, AND SHORT-TERM RENTAL REQUIREMENTS; ALL ACCESSORY BUILDING REQUIREMENTS COMMERCIAL AND RESIDENTIAL; ADDRESSING REQUIREMENTS FOR COMMERCIAL, DRIVEWAYS, AND RESIDENTIAL PROPERTIES; BLOCK LENGTHS AND EXCEPTIONS; CURRENT ENGINEERING STANDARDS TO BE SET BY RESOLUTION; LOT CONFIGURATION AND DENSITY, LANDSCAPING AND SCREENING, YARD REQUIREMENTS, BUILDING HEIGHTS, SIDEWALKS, SETBACKS, AND PARKING IN ALL RESIDENTIAL ZONES (RRi), (RR2), (LDR1), (LDR2), (LDR3), (MDRi), (MDR2), (HDRi), AND (HDR2), TRANSITIONAL AGRICULTURE (TAG) AND MIXED USE (MU) ZONES; TIME LIMITATIONS TO RECORD PLATS; OFF-STREET PARKING REQUIREMENTS FOR ALL ZONES; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. PASSED BY THE CITY COCUNCIL AND APPROVED BY THE MAYOR this list day of February 2024. U Deborah Lovejoy, City Cler�)