HomeMy WebLinkAboutDraft_Ord_Fencing - July 18 2024Page 1
CIT Y OF R EX BU RG
ORD IN A N C E FEN C ING D EC 2023
N OW THER EFORE , be it ordained by the C ouncil of C ity of R exburg, in the State
of Idaho, as follows:
SECTION 1: A MEND MEN T “F” of the Rexburg D evelopment Code is
hereby am ended as follows:
A M E N D M E N T
F
F.A.A.: Federal Aviation Administration. Facade: Portions of a building that are visible from
private or public roads and walkways but not including alleys. Family: A group of one or
more persons occupying a dw elling unit and living as a single, nonprofit housekeeping unit,
provided that at least one of the follow ing situations exist:
A.At least one of the group is related to all of the other members of the group w ithin the
third degree of kinship;
B.The group is divisible into tw o subgroups, each composed of at least one person w ho
is related to all other members of the subgroup within the third degree of kinship; or
C.All such persons are handicapped persons as defined by the I.C. Section 67-6531 or in
Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act
Am endm ents of 1988, or any subsequent amendments to the foregoing regulations.
F.C.C.: Federal Communications C ommission. Feedlot: A ny area w here one-thousand
(1,000) head or more of livestock are confined for a period of one (1) year or more.
Fence: A ny tangible barrier, lattice w ork, screen, w all, hedge, or continuous grow th of shrubs
or trees with the purpose of, or having the effect of preventing passage or view across the
fence line. A ny fence, w alk screen hedge or other material serving as a fence, shall not create a
sight distance hazard to vehicular or pedestrian traffic as determined by the Rexburg City
Engineer.
Fenestration: The arrangement of w indow s in a building to provide interior light; also used as
decorative elements in a facade.
Fire Station: A building or portion of a building that provides, at a minimum, all w eather
protection for fire apparatus. Temperatures inside the building used for this purpose must be
maintained at above thirty-two (32°) degrees Fahrenheit.
Flagpole: a structure used for the sole purpose of displaying flags.
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Flood Light: A lamp that produces up to one thousand, eight hundred (1,800) lumens and is
designed to flood a well-defined area w ith light. Flood Plain: Those areas designated as Zone
A or A E as show n on the current Flood Insurance R ate Map (FIRM) as prepared by N ational
Flood Insurance Program.
A.Area of Shallow Flooding: The base flood depths range from one to three (1-3) feet;
where a clearly defined channel does not exist and the path of flooding is
unpredictable and indeterminate, and velocity flow may be evident. A O characterized
as sheet flow and A G indicates pounding on the FIRM map.
B.Area of Special Flood Hazard, Base Flood or 100-Year Flood: The land in the
flood plain within a community subject to a one (1%) percent or greater chance of
flooding in any given year. D esignation on maps alw ays includes the letter A.
C.Base Flood Elevation: (BFE)" the computed elevation to w hich flood w ater is
anticipated to rise during the “Base Flood.” The Base Flood Elevation (B FE) is
depicted on the FIR M to the nearest foot and in the FIS to the nearest 0.1 foot.
D.Channel: A natural or artificial w atercourse of perceptible extent, w ith definite bed
and banks to confine and conduct continuously or periodically flow ing w ater.
E.Flood: The temporary inundation of land by overflow from a river, stream, lake, or
other body of standing w ater. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal w aters
and/or the unusual and rapid accumulation of runoff or surface w aters from any
source.
F.Flood Insurance R ate Map (FIRM): The official map on w hich the Federal
Insurance A dministration has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
G.Flood Insurance Study: The official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary Floodw ay Map, and
the water surface elevation of the base flood.
H.Floodway: The channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood w ithout cumulatively
increasing the w ater surface elevation more than one (1’) foot at any point.
I.Floodway Fringe: The part of the flood plain which is beyond the flood way
encroachment lines limiting a designated flood way. Such areas w ill include those
portions of the flood plain which w ill be inundated but w hich may be developed for
use under land use regulations w ithout material effect upon the flood w ater carrying
capacity of the flood w ay and the flood w ater levels. Such areas are characterized by
shallow flood depths and low velocities of water flow.
J.Flood Protection Elevation (FPE ): A s defined in Idaho Code §46-1021 (7), an
elevation that shall correspond to the elevation of the one percent (1%) percent chance
annual flood B FE, plus any increased flood elevation due to floodway encroachment,
plus any required freeboard. The flood protection elevation for Rexburg, Idaho is
equal to BFE plus one foot (1’) foot of freeboard; the freeboard accounts for any flood
elevation increases due to floodway encroachment as shown in the community’s Flood
Insurance Study.
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Floor A rea, Gross: The sum of the areas of all floors of a building, including any area used
for human occupancy in the basements and attics, as measured from the exterior faces of the
w alls. Floor, Low est: The low est floor of the low est enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non elevation design requirements of this Ordinance. Foot-candle (fc): The
A merican unit used to measure the total amount of light cast on a surface. For example, a full
moon produces 0.01 foot-candles. Foot-candles are measured w ith a light meter. Footprint:
The area covered by the enclosed area of the structure if perpendicular planes were extended
from all portions of the structure to the ground. Frontage: The length of any one property line
of a premise, w hich property line abuts a legally accessible street right-of-w ay including streets
and alleys. To constitute frontage, the street or alley must provide access to abutting properties.
For purposes of determining yard requirements on corner lots, all sides of a lot adjacent to
streets shall be considered front yards and yards shall be provided as indicated under “yards” in
this definition section. Fully shielded: The luminaire and its mounting, taken as a whole,
allow ing no direct light above the horizontal.
SECTION 2: A MEND MEN T “SA -SIG N” of the Rexburg D evelopment
Code is hereby amended as follow s:
A M E N D M E N T
SA -SIG N
Sanitary R estriction: The requirement that no building or shelter which w ill require a water
supply facility or a sew age disposal facility for people using the premises w here such building
or shelter is located shall be erected until written approval is first obtained from the state
D ivision of Environmental Quality (DEQ) by its administrator or his delegate approving plans
and specifications either for public water and/or sewage facilities, or individual parcel water
and/or sew age facilities. Satellite Dish A ntenna: A device incorporating a reflective surface
that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or
cornucopia. Such devices shall be used to transmit and/or receive radio or electromagnetic
w aves betw een terrestrially and/or orbital based uses. A ground-mounted dish shall be
regulated as an accessory building. School: A facility that provides a curriculum of elementary
and secondary academic instruction, including kindergartens, elementary schools, junior high
schools, and high schools. Self-Service Station: A n establishment w here liquids used as motor
fuels are stored and dispersed into the fuel tanks of motor vehicles by persons other than the
service station attendant and may include facilities available for the sale of other retail products.
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Self-Service Storage Facility: A building or group of buildings consisting of individual, small,
self-contained units that are leased or owned for the storage of business and household goods
or contractor supplies. Service Building: A structure containing lavatories, water closets,
show ers and/or bathtubs, and laundry facilities for the use of manufactured/mobile home
community occupants. Service Station: A ny premises where gasoline and other petroleum
products are sold and/or light maintenance activities such as engine tune-ups, lubrication minor
repairs, and carburetor cleaning are conducted.
A.Service stations shall not include premises w here heavy automobile maintenance
activities such as engine overhauls, automobile painting, and body fender work are
conducted.
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Setback: The minimum horizontal distance betw een a property line of a lot and the nearest
w all line of the building (providing eaves are equal or less than two (2’) feet in depth),
including any projection thereof, excluding uncovered steps.
Shopping C enters: A grouping of three (3) or more retail businesses or service uses on a
single site of more than five (5) acres but less than ten (10) acres w ith common parking
facilities. Short-Term R ental: A ny rental of a dw elling unit that is for a time period less than
thirty (30) days. Requires that there will be an owner, manager or ow ner ’s agent available in
Madison County, Idaho. (Includes Bed and Breakfast and Boarding H ouse as categories of
short term rentals.) (See subsection 3.02.160.)
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Sight Triangle: The sight triangle applies to corner lots on intersecting streets. The triangle of
land formed on any corner lot by draw ing a line between points on the lot lines which are
thirty (30’) feet from the intersection of such lot lines shall be free from any sight obscuring
structure or obstruction except as permitted. The sight triangle for private drivew ays and alleys
is fifteen (15') feet from property line. Trees in such triangles shall be trimmed to at least ten
feet (10’) above the center-line grades of the intersection streets. Shrubs, fences, and walls shall
not be higher than three (3’) feet above the center-line grades of the intersecting streets. The
purpose of the sight triangle is to insure visibility and safety in the zones w hich require
buildings to be set back from the property line.
SECTION 3: A MEND MEN T “3.02.050 Clear View O f Intersecting Streets;
Sight Triangle” of the Rexburg D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.02.050 Clear View O f Intersecting Streets; Sight Triangle
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To ensure reasonable visibility and safety in residential zones and other zones which require
buildings to be set back from the lot line, the triangle of land formed on any corner lot by
drawing a line betw een points on the lot lines w hich are thirty feet (30’) from the intersection,
or fifteen (15') feet for drivew ays and alleyw ays, of such lot lines shall be free from any sight
obscuring structure or obstruction except as permitted below. (See Sight Triangle definition.)
A.Trees in such triangles shall be trimmed to at least ten (10’) feet above the centerline
grades of the intersecting streets.
B.Shrubs, fences, and walls shall not be higher than three (3’) feet above the centerline
grades of the intersecting streets.
C.Exception: Mixed U se
SECTION 4: A MEND MEN T “3.02.100 Fencing Requirements” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.02.100 Fencing RequirementsFences
N o w all, fence, w all, screen, or opaque hedge or other material serving as a fence screening
material shall create an obstruction of vision w ithin sight triangles. (See subsection 3.02.050)
be maintained within a required front yard, or an area which w ould tend to inhibit a safe sight
distance of traffic traveling upon a public street, or entering into the public street from a private
drivew ay or alley, or pedestrian public w ay. (See Sight Triangle definition in Chapter 2)
1.Application R equired. A ll fencing must obtain administrative review and approval
by the Planning & Zoning A dministrator or designee. department.
a.Building Permit. Fences over seven (7') feet in height must obtain a building
permit.
2.Fence Types Not Permitted.
a.Floodplain. N o fence shall be constructed in the floodw ayplain w ithout
administrative approval. of the Planning and Zoning Commission.
b.Barbed Wire/Electric. Barbed wire fences and electric fences shall not be
erected or maintained unless approved by the Planning and Zoning
A dministrator. only be allow ed for agricultural use in Transitional A griculture
(TA G ).
c.Except for agriculture use in Transitional Agriculture (TA G )Security Fences.
Barbed or razor w ire located at the top of security fences requires
administrative approval.
3.Sight Triangle. Fencing shall not create an obstruction of vision and must observe all
sight triangle requirements. (See Sight Triangle definition and subsection 3.02.050).
Maintenance. Fences shall be maintained in a good state of repair.
4.Utilities. Fencing shall not obstruct access to utility apparatuses (fire hydrants, utility
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boxes, transformers, fiber hand holes, etc.) and must adhere to the utility company
clearance requirements.
5.Fence Height. The height of any fence, wall, or sight-obscuring objects within fifteen
(15’) feet of the right-of-w ay shall be a maximum of three (3’) feet in height measured
from the natural grade of the property on w hich it is located.
a.Exception for C orner or D ouble Frontage Lots. When a parcel is a C orner
Lot or a D ouble Frontage Lot and a w ritten prohibition of street access for the
entirety of the block exists, a fence greater than three (3') feet can be located
adjacent to the sidew alk, outside of the site triangle.
b.R ear Yard. In a rear yard, walls and fences may be betw een three and six feet
(3'-6'). A fence may be built along the property line in a rear yard.
(1)Dog Runs. D og runs shall be placed in rear yards only and shall be a
minimum of ten (10') feet from another residence.
c.(See Site Triangle 3.02.050 for lot lines adjacent to road intersections).
6.Maintenance. Fences shall be maintained in a good state of repair.
7.Corner or D ouble Frontage Lots. When a parcel is a Corner Lot or a D ouble
Frontage Lot and the lot does not have access onto the same street through a front
yard, a fence greater than three (3') feet can be located adjacent to the sidewalk,
outside of the site triangle.
8.Rear Yard. In a rear yard, w alls and fences may be betw een three and six feet (3’-6’).
A fence may be built along the property line in a rear yard.
a.D og R uns. Dog runs shall be placed in rear yards only and shall be at least
ten (10’) feet from another residence.
b.Building Permit. Fences over seven (7’) feet in height must obtain a building
permit.
(1)Administrative approval shall be required.
9.Fence A djacent to Public Sidew alk or B icycle Path.
a.Pedestrian Gates. Pedestrian access gates shall sw ing inw ard when adjacent
to a public sidew alk or bicycle path. (See subsection 3.02.170.)
10.Commercial/Industrial Adjacent to R esidential. A vinyl or masonry fence of at
least six (6’) feet in height shall be erected along all property lines which lie adjacent to
a residential zone or use, except front yards, where the height of the fence shall not
exceed thirty-six (36”) inches w ithin fifteen (15’) feet of the right-of-way.
a.Exception. Modifications may be requested if there is a mutual agreement
between the adjacent property ow ners of both zones. A dministrator approval
is required. In the case w here there is mutual agreement between the property
ow ners of the commercial zone and the adjacent residential zone, the Planning
and Zoning Commission shall give considerable weight to the w ishes of the
parties involved.
11.Schools, C hurches, U niversities, C olleges, Hospitals, N ursing Homes, C ity and
County. The height, location and placement of fences by the foregoing entities may
be altered, subject to prior written approval of the Zoning A dministrator. H owever,
sight triangles at any intersection must be maintained pursuant to Section 3.02.050. of
this O rdinance. (See Sight Triangle definition.)
12.Grade Differences. Where there is a difference in the grade of the properties on either
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side of a fence, w all or other similar structure, the height of the fence shall be
measured from the natural grade of the property upon w hich it is located.
13.Pedestrian Gates. Pedestrian access gates shall swing inward w hen adjacent to a
public sidew alk. (See subsection 3.02.170.)
14.Fence A djacent to Public Sidew alk. (See subsection 3.02.170.B.)
15.Exceptions.
a.The provisions of this section shall not apply to sport containment fences
tennis court backstops or patio enclosures as approved by the Zoning
A dministrator., if it is determined that such do not create a hazard or violation
of other sections of the Rexburg C ity Code or other City O rdinances.
b.Schools, Churches, U niversities, Colleges, Hospitals, Nursing Homes,
C ity and C ounty. The height, location and placement of fences by the
foregoing entities may be altered, subject to prior w ritten approval of the
Zoning Administrator. H owever, sight triangles at any intersection must be
maintained pursuant to Section 3.02.050. of this O rdinance. (See Sight
Triangle definition.)
c.R etaining Walls. Where a retaining w all protects a cut below or a fill above
the natural grade and is located on the line separating lots or properties, such
retaining wall may be topped by a fence, wall or hedge of the same height that
w ould otherwise be permitted at the location if no retaining w all existed only
after approval by the Zoning A dministrator.
d.A ll other exceptions must obtain administrative Planning & Zoning
Commission approval.
The following illustrations are for demonstration only and do not represent any existing lots.
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SECTION 5: A MEND MEN T “3.02.160 Sidew alks” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.02.160 Sidew alks
A.In all zones, all buildings erected, established, or rebuilt shall be required to place
sidew alks per the current City Engineering Standards. (See Appendix.B.)
1.Exempt in Transitional Agriculture (TAG ) and Rural R esidential 1 (RR1)
zones.
B.Mixed Use. Sidew alks parallel to any city street w ithin a Mixed Use (MU) zone shall
be a minimum of eight (8') feet wide.
C.Sidew alk A ccess. Projects located within Medium D ensity Residential (MD R), H igh
Density Residential (H DR) or Mixed Use (MU) zones are required to demonstrate
sidew alk access to the BY U-I campus and to the nearest Substantial Commercial
Cluster (See definition in Chapter 2).
D.Parking L ots.
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.
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AY E N AY A BSE N T AB STA IN
Councilmember Robert Chambers
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
Councilmember Eric Erickson
Councilmember David R eeser
E.When a fence is placed adjacent to a public sidew alk in residential zones and no
driveway access exists, a one (1') foot landscape strip shall be maintained betw een the
standard sidew alk and the fence.
1.Exempt in Mixed Use (MU)
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