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HomeMy WebLinkAboutOrd 1320 Fencing & BillboardsInstrument # 464566 REXBURG, MADISON, IDAHO 10-9-2024 03:01:19 PM No. of Pages: 9 Recorded for: CITY OF REXBURG KM H. MUIR Fee: 0.00 Ex-Officio Recorder Deputy .n CITY OF REXBURG ORDINANCE NO. 1320 DEVELOPMENT CODE ORDINANCE 12oo AMENDMENTS AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. i2oo) 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 No, VISUAL DEFINITION OF A BIGHT TRIANGLE �u I I nil I �. The sight triangle la tor"O on any comer lot by drawlrV a &,e between points on the lots flnes.These points are 301"t from the Owscdion of ins lot Was. The rulas ana regAa*ons of sight Mangle are as follows: Troars cannot have brae es that are lower than 10 It abtrve the ete"vatinn at the road, Bushes cannot exceed a height of 3 ft. ences c innol exceed a helght of 3 it of tre 550% see -through. D SECTION 2: AMENDMENT "3.02.050 Clear View Of Intersecting Streets; Sight Triangle" of the Rexburg Development Code is hereby amended as follows: F 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 Sight 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) _ 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 (10') 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 Dermitted at the location if no retaining wall existed only after SECTION 4: AMENDMENT " 3.o2.16o 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. 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: 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. Mu"r 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.0016 square feet for each square foot in excess of fifty thousand (50,000). Lot Area = 125,396 square €rat 50.000 (50,000.80 square feet sip alloarod) ?5,336 75,386 a 0.0016-120.b1?d (round up to 121) 121- 80 - 201 square &et 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. 1 T:..+........ Tom..,:> —A M-1—+;r� +'6n A;e+onnn reimt;rPrl 1' AtIATPPT1 6crnC k 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 MaitHeWit Applba4le Properly TV" o?Slgn 11WIP.i 00 Zones Setback tiitmtinstlon Restrlc"M TAG, RRI, 11,117. LDR1. LOR7. Outside5igit I per street For Sale. Itcitt of 6 6 LOR3. R$O Trian Not Allowed frontage, Lease MORI' MOV, toIirys HOR1. HOR7, MU. CBc, RBC, Outsxie &Mt Tempocary 37 10 U, III Triangle Not Allowed TAG, RRI, 111117: LOR I. LOR2, Outsirie Sight Maximum area Constrtactiom, 32 S LDR3. HBO Triangle Not Allowed of 96 sq. ft.. Temporary limited to GD MORI,14DFO, HOR1.11W2, days MU, CBc, I1BC. outsille Sigh 32 17 U, III Triangle Not Allowed FAG, RRI, MV. Home LunEtetl tly LOR L LOW. Must the parallel; I per street Occupation 2 wait LDR3, RBO to wall Not A Med tronfia e 8larx signs wall 10-14% MDR L MOW, rscptae a Depending on HOITI. HOR2, rn Minn lttc atton Cron Lowed by MU. CDC, RBC, ground Walls is ROW Walt U, III ltilA Allowed cteatafteofIV Minimumot 1 24150 in MOR1, MDR?. (No portion of Included in interctiange HDRI. HCtlt?, the sign may Accessory On area areas shown MU. CBC, RBC, overlcaew into Preintse Calculations above) Li, III the ROW Allowed l%1A Any logo must taw smaller than Private Outsude ^suit tite dtrectionat Oirecumai 63- AUZones frianiffie, Allowed into May apply far a CUP for height Minimurnof V greater than 74'. 2d 150 in (No portion of See calctAation See inteichange the sin may tattlefor Caiceaation areas shown CBC, RBC, U. ovetliang into distance Pate Sign Table atiovel IIt the ROW] Allowed requirements TAG, RRI, RR?. Minimum of I F—Handing LOR1, LOW, (No portion of PUO. LDR3.. MORI. the slgrt may Maximum area Sub6osion MDR?.HDRI, overtaftinto of6dsq. It. per ldentihcation 64 B HDf12. MU the ROW Allowed sign IMInimurnall- 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 io: 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. 01 �R EX V; ORpOM .SEAL: eborah Lovejoy, City Clerti STATE OF IDAHO) ) ss. County of Madison) 7 ` Jerry , errill, 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 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.