HomeMy WebLinkAboutOrd No 1320 Dev Code Ord 1200 - Fences and BillboardsInstrument # 464666
REXBURG, MADISON, IDAHO
10-9-2024 03:01:19 PM No. of Pages: 9
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Officio Recorder Deputy
CITY OF REXBURG ORDINANCE NO. 1320
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 FENCING AND FREESTANDING SIGN REQUIREMENTS IN
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 "Definitions" of the Rexburg
Development Code is hereby amended as follows:
Billboard: An off -premise sign supported by one (1) or more
upright columns or braces with a sign face greater than three hundred
(300 sq. ft.) square feet that is used for the purpose of displaying,
advertising, identifying or directing attention to a business, service,
activity or place including products, or services sold or offered for sale at a
location other than on the premises where such sign is displayed.
Fence: Any tangible barrier, lattice work, screen, wall, hedge, or
continuous growth of shrubs or trees with the purpose of or having the
effect of preventing passage or view across the fence line.
Sight Triangle: The sight triangle applies to corner lots on intersecting
streets. The triangle of land formed on any corner lot by drawing 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 driveways and alleys is fifteen (15') feet
from property line. Trees in such triangles shall be trimmed to at least ten feet
(1o') 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 which require buildings to be set back from the property
line.
me
VISUAL DEFINMON OF A SIGHT TRIANGLE
The Sight triangle Is ieffn ft on any corner lot by
drawing a llrre between po&+ts on the lots
Iines.These points Oro 30'aet from the in:arsection
of the lot has..
The rater. ano cogAaWns of sight triangle are as
follows:
Troos c:annvt have branchus that Ore lowc*{
than 10 It above Ina elervsatlon at the road.
Bushes cannot oxcued a height of 3 fl.
Fences car+not excuod a tcelght of :31t or by
50% see -through.
SECTION 2: AMENDMENT " 3.02.050 Clear View Of
Intersecting Streets; Sight Triangle" of the Rexburg Development Code is
hereby amended as follows:
3.02.050 Clear View Of Intersecting Streets; Sight Triangle
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 between points on the
lot lines which are thirty feet (30') from the intersection, or fifteen (15') feet
for driveways and alleyways, of such lot lines shall be free from any sight
obscuring structure or obstruction except as permitted below. See Si ht
Triangle definition.)
A. Trees in such triangles shall be trimmed to at least ten
(1o') 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.
SECTION 3: AMENDMENT 3.02.1oo Fencing
Requirements" of the Rexburg Development Code is hereby
amended as follows:
3.02.1oo Fences
No fence, wall, hedge or other material serving as a fence shall create an
obstruction of vision within sight triangles. (See subsection 3.02.050) _
A. Application Required. All fencing must obtain administrative
review and approval by the Planning & Zoning Administrator or
designee.
1. Building Permit. Fences over seven ff) feet in height
must obtain a building permit.
2. Floodplain. No fence shall be constructed in the
floodplain without administrative approval.
3. Barbed Wire/Electric. Barbed wire and electric fences
shall only be allowed for agricultural use in Transitional
Agriculture (TAG).
4. Security Fences. Barbed or razor wire located at the top
of security fences requires administrative approval.
B. 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).
C. Utilities. Fencing shall not obstruct access to utility
apparatuses (fire hydrants, utility boxes, transformers, fiber
hand holes, etc.) and must adhere to the utility company
clearance requirements.
D. Fence Height. The height of any fence, wall, or sight -obscuring
objects within fifteen (15') feet of the right-of-way shall be a
maximum of three (3') feet in height measured from the natural
grade of the property on which it is located.
1. Exception for Corner or Double Frontage
Lots. When a parcel is a Corner Lot or a Double Frontage Lot
and a written prohibition of street access for the entirety of the
block exists, a fence greater than three (3') feet can be located
adjacent to the sidewalk, outside of the site triangle.
2. Rear Yard. In a rear yard, walls and fences may be
between three and six feet (3'-6'). A fence may be built along the
property line in a rear yard.
i. Dog Runs. Dog runs shall be placed in rear yards
only and shall be a minimum of ten (1o') feet from
another residence.
E. Maintenance. Fences shall be maintained in a good state of repair.
F. Fence Adjacent to Public Sidewalk or Bicycle Path.
1. Pedestrian Gates. Pedestrian access gates shall swing inward
when adjacent to a public sidewalk or bicycle path_. (See
subsection 3.02.170.)
G. Commercial/Industrial Adjacent to Residential. 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
within fifteen (15') feet of the right-of-way.
1. Exception. Modifications may be requested if there is a mutual
agreement between the adjacent property owners of both zones.
Administrator approval is required.
H.Exceptions.
1. The provisions of this section shall not apply to sport
containment fences as approved by the Zoning Administrator.
2. Schools, Churches, Universities, Colleges, Hospitals,
Nursing Homes, City and County. The height, location
and placement of fences by the foregoing entities may be
altered, subject to prior written approval of the Zoning
Administrator. However, sight triangles at any intersection
must be maintained pursuant to Section 3.02.050. of this
Ordinance. (See Sight Triangle definition.)
3. Retaining Walls. Where a retaining wall protects a cut below
or a fill above the natural grade and is located on the line
separating lots or properties, such retaining wall may be topped
by a fence, wall or hedge of the same height that would otherwise
be permitted at the location if no retaining wall existed only after
approval by the Zoning Administrator.
4. All other exceptions must obtain administrative
approval.
The following illustrations are for demonstration only and do not represent
any existing lots.
SECTION 4: AMENDMENT "3.02.16o Sidewalks" of the
Rexburg Development Code is hereby amended as follows:
3.02.16o Sidewalks
A. In all zones, all buildings erected, established, or rebuilt shall be
required to place sidewalks 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. SidewalkAccess. 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 5: AMENDMENT "3.05.110 Location And
Construction Standards" of the Rexburg Development Code is hereby
amended as follows:
3.05.110 Location And Construction Standards
All signs must be located and constructed in accordance with the following
parameters.
Municipal, traffic and public directional signs shall not be considered signs as
defined and regulated by this sign code.
A. Clear View of Intersecting Streets.
1. Right-of-way. No sign may be placed or constructed so that any
portion thereof is placed or projects into any public right-of-way.
2. Sight Triangle. For the purpose of ensuring reasonable visibility and
safety this Ordinance shall prohibit the placement of signs within the
sight triangle. (See Chapter 2: Sight Triangle definition.)
B. Off -Premises Signs. Off -premises signs are prohibited.
1. Exceptions.
i. Political/Campaign signs.
I Real Estate signs.
iii. Billboards existing prior to September 18, 2024 that have a
grandfathered status.
C. Maintenance. Signs must be maintained in good condition.
1. Abandoned Sign. Any sign no longer associated with the use of a
property, including vacant or unoccupied properties, shall be
considered abandoned and removed or returned to a blank state within
12 months of being abandoned.
D. Lighting/Illumination. Any sign that is lit, illuminated, or contains
electrical components must be listed by one of OSHA's Nationally
Recognized Testing Laboratories (NRTL) as well as the codes adopted by
the City of Rexburg. (see section 3.6)
E. Address Signs. (See subsection 3.02.140)
F. Fire Access Signage. All occupancies classified as commercial shall
have fire access roadways posted with the proper signs at seventy-five (75')
foot intervals.
1. Curb Painting. Additionally, curbs shall be painted red and
maintained as required by the Fire Code Official.
G. Non-residential Commercial Lots. Signs shall be posted in parking
lots open to the public but restricted as to use. Such signs shall be posted
in a conspicuous place giving notice that clearly indicates that parking is
restricted, and violators may be towed.
H. Visitor Parking Areas. Visitor parking areas must have adequate and
visible signage. Signs must be at least 12" x 18" and include the words
"Visitor Parking Only", "Permit Parking only during "A.M. to "P.M. and
"All others may be booted and/or towed."
SECTION 6: AMENDMENT "3.05.14o Freestanding Signs"
of the Rexburg Development Code is hereby amended as follows:
3.05.14o Freestanding Signs
A. Sign Height.
1. Outside of US-20 Interchange. Unless further restricted in this
Sign Code, the maximum height of any freestanding sign not located in
the US 20 Interchange Boundaries (see figures 1,2 & 3 below) shall
have a maximum height of twenty-four (24') feet from ground level to
the top of the sign.
2. CUP. On lots where a twenty-four (24') feet freestanding sign is
allowed and the building height is greater than twenty-four (24') feet,
the maximum height of a free-standing sign may be reviewed under a
Conditional Use Permit for a taller freestanding sign not to exceed the
building height.
3. Within US 20 Interchanges. The interchange sign boundary is
defined by a fifteen hundred (1500') feet radius drawn from the center
of the highway interchange.
i. Freestanding signs located in the US 20 Interchange
boundaries (identified in figures 1, 2 &3) shall have a
maximum height of fifty (50') feet from grade (see "grade"
definition in Chapter 2) to the top of the sign.
F70BRF. J
!MARL 1
B. Sign Area.
1. An eighty (8o sq. ft.) square feet sign is allowed for any single property
up to fifty thousand (50,000 sq.ft.) square feet in lot size.
2. For properties larger than fifty thousand (50,000 sq. ft.) square feet in
area, the total allowable sign area would be increased by o.00i6 square
feet for each square foot in excess of fifty thousand (50,000).
Lot Arta = 12`:356 square feet
50.000 (50,000 - SO squue feet sign allowed}
7f.386
'5 386 x 0 0016 - 120 6176 (rcund up to 121)
121 - 80 = 201 square feet
3. The supporting structure does not count as part of the sign area.
4. Only one side of a flat sign is measured, irrespective of whether the
back side is used for advertising.
5. Banners. Any banners, other than wall banners, must meet the
Freestanding Sign requirements and are included as part of
freestanding sign area unless considered temporary and approved by
the Zoning Administrator.
6. Directional Signs. Any logos placed on a directional sign are
considered part of the sign area and must be less area than the
directional information.
7. Plaza Signs. Sign space must be available for all tenants within a
plaza while meeting the total allowable sign area.
C. Distance. To avoid blanketing, the distance required between signs is
calculated by dividing the total sign area by the number of signs.
Area of Sim I -Area cf Sun' = Drstance benteft Sign 1 & Sign-'
'.0
D. Number of Signs. Multiple signs are allowed as long as area and
distance requirements are met.
E. Setback. The edge of a sign must be a minimum of five (5') feet from the
property line to ensure that no portion of the sign overhangs into the
right-of-way.
F. Billboards.
1. No new billboard signs shall be allowed.
2. Existing approved billboard signs shall be designated as having a
grandfathered status and may be repaired or replaced.
3. Grandfathered billboards that are repaired or replaced are exempt
from the 50% value clause. (see section 3.3)
SECTION 7: AMENDMENT " 3.05.190 Sign Specifications By
Zone" of the Rexburg Development Code is hereby amended as follows:
3.05.190 Sign Specifications By Zone
Sign Area
MaxHelght
AppUoable
Property
typeot n
(sq.tt.i
Itt,i
zones
Setback
Illumination
Restrictions
IAD. RR1, tRR?,
LUR1_Lvli7.
outsaieSight
IorSale, Rentar
6
6LUli3.RtiU
n Ttla,.Ic,
Not Ail.Zwrd
1perstreet
MUSR1. NUR?,
homage, Iimit±W
lease
to si{d days
DRI,
HHCR?,
MU. CSC, RRC,
Outside Sol
Tempmary
32
10
LI, III
triangle
Not Allowed
IAG, RR1, RR2.
LUR1. LDR7.
ours argrlt
Maximum area
Construction,
32
8
LUH3, R80
Triangle
Not Ail moot
of 96 sq. tt.,
MDR L NDR?,
Temporary
limited to 6t?
I IDR1. 1992,
days
MU, CBC, HBC,
outs Sight
37
12
LI, Ill
Triangle
Not Allowed
I ), RRl,;?,U.
Home
Ltriited trr
LUR1. LDR7,
M ust be paralaet
: Dr strw t
Occupation
7
Waa
LUR3, RBU
to wall
No, Allowed
trantaae
Wau
Rlarde signs
10 141I:
MDR1. MDR?,
mot". a
Depending on
IIUR1.lmw,
nirimum
taw atlon tram
Lirrlitv�d bi
MU. CBC, HBC,
ground
Wailsips
ROW
'Wall,
LI, Ill
4tA
Allowed
clearance of IV
Minimum 1
24150 in
MUtR1, MUR7.
'%o portion of
included in
intercrarq.(•
IIDR1.1WA2,
the sign may
Accessori On
area
arras shown
MU. CRC, RRC,
avamargimo
Premise
calculations
above)
LI, rii
Ine ROW
Allowed
WA
Any tCr:o must
be smaAer than
Ptryate
outside alp,
tnc directional
Uirectwnal
631,
Ail Zones
loan le
A.al: yr :_
MN%
May apply for a
CUP?or height
Minimum tat i
neater than 7d'_
241b0 in
?%o portion of
See calculation
See
intetc-,a-rmc•
the sign may
tabletar
Calctitaucin
areas shown
[:K. RBC, U.
aYEniar►Almo
distance
Pole Sign
Table
above)
Ill
impROWI
lutowc.o
t_-quimrients
IAO, RRl, IR ,
Minimum �t 1
LUR 1, L0132.
i do portion o'
PUU_
LUR3. MO RI,
the.- WA may
Maximum area
Subdiasion
MDTR?, 111011111,
o-ortn-ar-g inw
ot64 sq. rt. per
Identlbcatran
64
8
I IDR?, MU
the ROwl
N.lawed
sign
Minimum of 1
2A I bO in
� No portion of
Sign space must
see
intetcnanse
the sin may
tae dvatiabietor
Calculation
are as shown
overhang into
�_achtenant
Piazza Signs
Tattle
abase}
MU. C8C, RBC
the RO"ib'I
lalowed
•r min the plaza
01 Premise
,tat Aitawed
INOIALIOWeO
Not Alfawed
Not Allowed
I Not All•:.Wx d
INot Allowed
*Maximum height dependent upon type of directional sign (i.e. entrance/exit
signs are a maximum of three (3r) feet in height).
'Except grandfathered billboards.
SECTION 8: 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 9: 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 w: EFFECTIVE DATE The City of Rexburg, Idaho
City Council shall enact this Ordinance (*23-00958) 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 September 18, 2024, and after the required approval and
publication according to law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on
this 18th day of September 2024.
`N�� `,�OF..R E}CGi�
•,.�
Al
U' �RPORAT *Jerryril , Mayor
s EAL:'
A
Lin ��_n
eborah Lovejoy, City Cler
STATE OF IDAHO)
) ss.
County of Madison)
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 FENCING AND FREESTANDING SIGN REQUIREMENTS IN
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
18th day of September 2024.
`��F•�,,,L) ke���/ Deborah Lovejoy, City Clerk
ORpORAr *-.0
SE
AL.