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HomeMy WebLinkAbout3b Ord_Landscaping March 2025 with changes 6.16.25Page 1 CIT Y OF R EX BU RG ORD IN A N C E LAN DSC APIN G MAR CH 2025 N OW THER EFORE , be it ordained by the C ouncil of the City of Rexburg, in the State of Idaho, as follow s: SECTION 1: A MEND MEN T “K -L” of the R exburg D evelopment Code is hereby am ended as follows: A M E N D M E N T K -L Kennel, Private: Any building, buildings or land designed or arranged for the care of dogs and cats belonging to the ow ner of the principal user, kept for the purposes of show, hunting, or as pets. Lamp: The generic term for an artificial light source, to be distinguished from the w hole assembly. Commonly referred to as “bulb”. Landscaping: The area within the boundaries of a given lot/project that consists of planting materials, including but not limited to living trees, shrubs, ground covers, grass, flow ers, decorative rock, bark, mulch, and other similar materials. Large cobbles or river rock are not considered “decorative rock”. Landscaping must be maintained as in its original design and purpose. (See subsection 3.02.100.) Laundry, Self-Service: A business that provides home-type w ashing, drying, and/or ironing machines for hire to be used by customers on the premises. Lighting, Holiday: Strings of individual lamps, w here the lamps are at least three inches (3”) apart. (See section 3.6.) Lighting Plan: D ocuments specific to a project or development that describe the location and characteristics of all exterior lighting and the light levels in and adjacent to the property. The complete lighting unit, including the lamp, the fixture, and other parts. This also can include a photometric layout. Livestock, D omestic: A nimals such as horses, cattle, swine, sheep, goats, rabbits, and poultry, w hich can be kept for education, and/or food production for those who raise them. Lot: A piece or parcel of land separated from other pieces or parcels as show n on a recorded subdivision plat or by metes and bounds description for purposes of sale, lease, or separate use. A.Corner Lot: A lot w ith frontage on tw o (2) or more intersecting streets w here the Page 2 interior angle of intersection does not exceed one-hundred-thirty-five (135°) degrees. Corner lots have two front yards and two side yards but no rear yard. B.Double Frontage Lot: A lot abutting two (2) parallel or approximately parallel streets. Double Frontage lots have two (2) front yards and tw o (2) side yards. C.Flag L ot: Lots or parcels that the City has approved w ith less frontage on a public street than is normally required, w ith no less than tw enty (20’) feet of accessible frontage, generally intended to make deeper property accessible. D.Interior Lot: A lot having but one (1) frontage abutting on a street. E.Substandard Lot: A lot or parcel of land that has less than the minimum area or width as established by the zone in which it is located. Such a lot shall have been of record as a legally created lot on the effective date of this ordinance. F.Through Lot: A lot that has a pair of opposite lot lines along tw o substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. Lot Area: The total horizontal area within the lot lines of a lot. Lot Coverage: The area of a site covered by buildings or roofed areas and impervious surfaces. Lot Depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line w here there is no rear lot line. Lot Layout Plan: A plan show ing w here the building will be placed in relation to the lot lines to determine compliance w ith the code requirements for single-family homes, duplexes and twin homes. Lot Line: The boundary line of a lot. A.Front L ot Line: The property line separating the front of the lot from the public right- of-w ay. B.Rear Lot L ine: The lot line opposite the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten (10’) feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten (10’) feet long, lying w ithin the lot and parallel to a line tangent to the front property line at its midpoint. C.Side Lot Line: A ny lot line not a front or rear lot line. Lot of R ecord: A lot that is part of a subdivision, the plat of w hich has been recorded in the office of the Recorder of Madison County, Idaho, or any parcel of land, w hether or not part of a subdivision, that has been officially recorded by a size that met the minimum dimensions for lots in the district in w hich it w as located at the time of recording or was recorded prior to the effective date of zoning in the area w here the lot is located. Lot Width: The horizontal distance between side lot lines measured at the required front Page 3 setback line. The w idth of a lot shall be: A.If the side property lines are parallel, the shortest distance between these side lines. B.If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines. C.For rural acreage developments, the distance between the side lot lines, measured at the street frontage. SECTION 2: A MEND MEN T “P” of the Rexburg D evelopment Code is hereby am ended as follows: A M E N D M E N T P Parcel: A continuous quantity of land in the possession of or owned by or recorded as the property of the same person or persons. Parking Space: A dedicated or delineated area other than a street or alley that is permanently set aside, reserved, and maintained in accordance w ith the Rexburg City Development Code for the parking of one motor vehicle. (See section 3.4 .) Pedestrian Emphasis District (P.E.D .): A district overlay created near the BY U-I campus that allows less parking and higher density for residential units. (See section 9.1.) Pedestrian Oriented Development: D evelopment designed with an emphasis primarily on the street sidew alk and on pedestrian access to the site and buildings/structures rather than an auto access. The building structures are generally located close to the public or private right-of- w ay and the main entrance(s) are oriented to the street sidew alk. There are generally w indow s or display cases along building facades. A lthough parking is provided, it is generally limited in size and location. Pedestrian Walkw ay: A surfaced w alkway, separate from the traveled portion of a public or private right-of-way parking lot/driving aisle. Pedestrian Way: A public right-of-way dedicated as a w alkway through a block from street- to-street and/or providing access to a school, park, recreation area, or shopping center. Percent of elevation: is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. Permanent C onstruction: The pouring of slab or footing, the installation of piles, the Page 4 construction of columns, or any work beyond the stage of excavation. This does not include land preparation, installation of streets and/or w alkw ays, excavation, setting of temporary forms, or installation on the property of accessory buildings, such as garages or shed not occupied as dw elling units or not part of the main structure. Pervious Surface: Area maintained in its natural condition or covered by a material that permits infiltration or percolation of water into the ground. Pharmacy: A service business w hich dispenses, under the supervision of a pharmacist licensed by the State of Idaho, prescriptive and non-prescriptive medicines and drugs, orthopedic appliances, or medical supplies for the treatment of human illness, disease, or injury, excluding the sale of goods or commodities for general hygiene, diet, cosmetic, or other general health purposes. Planned Residential Development (P.R .D .): A Planned U nit D evelopment that excludes all uses other than residential. Planned Unit D evelopment (P.U.D.): Residential, commercial and/or industrial use, or combination thereof, planned for a tract of land to be developed as a unit under single ow nership or control. A Planned U nit D evelopment is created for the purpose of selling, leasing, or renting lots or estates, w hether fronting on private or dedicated streets and may include tw o or more principal buildings as governed by the D evelopment Code. (See section 4.10.) Plant N ursery: A ny land used to raise trees, shrubs, flow ers, and other plants for sale or transplanting. Plat: A map of a subdivision including supporting data, indicating a proposed subdivision development, prepared in accordance w ith this ordinance and the Idaho Code. (See chapter 10.) A.Recorded Plat: A Plat bearing all of the certificates of approval required in this ordinance and duly recorded in the Madison C ounty Recorder ’s Office. B.Short Plat: A platting process for small subdivisions, five (5) lots or less, that allow s for a shortened, quicker process for subdividing land that is approved by C ity staff only. The Zoning A dministrator and the City Engineer can consider other simple plats on a case-by-case basis. Plat A pproval: A pproval of the requested action as evidenced by appropriate certifications on the Plat; such approval constitutes authorization to record a plat. Pre-existing Antennas and Pre-existing Towers: A ny tow er or antenna for w hich a building permit or special use permit has been properly issued prior to the effective date of this ordinance, including permitted tow ers or antennas that have not yet been constructed so long as such approval is current and not expired. Principal Building: A structure, where the context so indicates, or a group of structures in Page 5 w hich the principal use of the lot is conducted. Principal Use: The main use of the land or structures as distinguished from a secondary or accessory use. Private R oad: A road within a subdivision plat that is not dedicated to the public and not a part of a public highw ay system. Projections, Building: Structures that extend outw ard from the face of a building. (See subsection 3.02.090.c.) Public L and Survey Corner: A ny land survey corner actually established and monumental in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the U nited States government. Public Works D irector: the person appointed by the Council to oversee all public work functions for the city. SECTION 3: 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. Screening: A method of visually shielding or obscuring an abutting or nearby use or structure from another by berms, vegetation, walls or fencing. Self-Service Station: An 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. Self-Service Storage Facility: A building or group of buildings consisting of individual, small, Page 6 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. 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. Page 7 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.) 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 Page 8 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 4: A MEND MEN T “3.02.90 Screening A nd Landscaping” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.90 Screening A nd Landscaping The following are minimum standards. A dditional landscaping elements may be allowed as per review by the Zoning Administrator or D esignee. Screening, landscaping, and fences within the C ity shall be constructed and maintained in conformance w ith the following standards: A.Landscaping. Landscaping and all applicable irrigation systems shall be maintained by the property ow ner, or in cases of a right-of-w ay the adjacent property owner, as in Page 9 their original purpose. Plant material size (minimum), at time of planting: 1.D eciduous trees- Tw o (2”) inch caliper around the trunk of the tree 2.Evergreen trees- Seven (7’) feet in height from root collar to top of tree crow n 3.Shrubs- Five (5) gallon containers Landscaping must be maintained as in its original design and purpose. B.Buffers. B uffers shall be separate from the city right-of-way and consist of a minimum five (5') feet wide landscape strip to be planted w ith ground cover, one (1) deciduous tree and five (5) shrubs, per thirty (30') lineal feet. (For com mercial see subsection 3.04.060.5.c.) C.Landscape Strip. In all zones, the area between the curb and gutter and the sidew alk is to be landscaped w ith a pervious surface, per Rexburg Engineering Street Cross Sections, by the adjacent property ow ner. 1.Landscaping shall be maintained by the adjacent property ow ner. 2.Columnar trees shall not be in the landscape strip 3.If applicable, an irrigation system is required and is the responsibility of the property ow ner as is the maintenance of the landscaped areas. 4.Mixed U se. D eciduous trees w ith a minimum caliper of tw o (2") inches and a maximum spacing of twenty (20') feet are required in Mixed U se Zones. 5.Sight Triangle. The sight triangle must be clear of obstructions. See Sight Triangle. 6.Columnar and Evergreen trees are not allowed in the landscape strip. 7.Overhead Pow erlines. In the event of overhead pow erlines, alternative landscaping may be approved by the Zoning A dministrator. 8.Projects w ithin Medium Density Residential (MD R1 & MD R2), High D ensity Residential (HD R1 & HD R2), Mixed U se (MU ), Community Business Center (C BC), Regional Business C enter (RBC ), U niversity D istrict (U D ) or Industrial (LI & H I) zones shall include in the landscape strip trees and shrubs that meet the follow ing criteria: a.Tree and Shrub Requirements. (1)D eciduous trees w ith a minimum caliper of tw o (2") inches and a maximum spacing of thirty (30') feet. (2)A s trees mature, they shall be trimmed to at least ten (10’) feet above the curb. (3)A minimum of five (5), five (5) gallon containers of shrubs w ithin every thirty (30’) foot section. D.Parking A reas. (See subsection 3.04.060.A.) E.Projects within Medium D ensity Residential (MD R1 & MDR 2), H igh Density Residential (HD R1 & HD R2), Mixed U se (MU ), Community B usiness Center (CBC ), R egional Business Center (RB C), U niversity D istrict (U D) or Industrial (LI & HI) zones that are adjacent to a low er density residential zone, shall have a ten (10’) feet w ide landscaped buffer on the abutting property line, w here the buffer is planted with a combination of trees, shrubs, and ground cover and/or a suitable fence of sufficient height and density to buffer the tw o parcels. At a minimum, tw o (2”) inch caliper trees with a maximum spacing of thirty (30’) feet and five (5), five (5) gallon containers of shrubs betw een trees are required w ithin the buffer. Page 10 F.Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential zones, or undeveloped land show n as a residential use on the Comprehensive Plan, there shall be provided along the abutting property line, a yard equal in width to that required in the residential zone. 1.The yard shall be planted with a combination of trees, low shrubs, and ground cover, and/or a suitable fence otherwise in compliance w ith this ordinance of sufficient height and density to screen the two parcels, as specified by the Planning and Zoning Commission. G.High D ensity R esidential U ses. 1.Where a lot in the HD R1 or HRD2 district adjoins a lot (not a right-of-w ay) in the LD R or MDR zones or unincorporated and designated as single-family on the C omprehensive Plan map, a five (5’) feet w ide landscaped buffer shall be provided on said property line. (See A of this subsection for tree and bush sizes.) 2.When a public street is located betw een the front lot line of the H D R zone and a single-family zone, a landscaped buffer seven (7’) feet wide or as required for front yard setbacks, w hichever is greater, shall be constructed and maintained on the front lot line. H.Highw ay 20 C orridor. A ll development adjacent to the Highway 20 right-of-way must submit an Infrastructure a Landscape Plan to the Zoning Administrator or designee to be approved for design prior to obtaining a building permit. 1.Landscape B uffer. Parcels directly adjacent to the H ighw ay 20 right-of-way must have buildings buffered with deciduous two (2”) inch caliper trees at twenty (20’) feet spacing and tw o (2) shrubs betw een trees. 2.C ommercial/Industrial D esign Standards. B uildings facades adjacent to the H ighw ay 20 right-of-w ay w hich meet the requirements of commercial design standards (including “eyes to the street” requirements) found in section 7.0 may reduce buffering to deciduousshall provide a buffer at least ten (10') feet in w idth consisting of tw o (2”) inch caliper trees atw ith an average spacing of fifty (50’) feet spacing and eight (8), five (5) gallon containers of shrubs between trees. a.Front Yard D isplay. C ommercial uses w ith a display facing the Highway 20 right-of-way may use alternate landscaping with the approval of the Zoning A dministrator. 3.Setback. A minimum setback of tw enty-five (25’) feet is required from any building to the H ighw ay 20 right-of-w ay or a one-to-one setback to height requirement, whichever is greater. 4.Landscaping must be maintained. I.Open Storage A rea. O pen storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped stripbuffer at least ten (10')seven (7’) feet in w idth w ith plantings that hide the open storage (as approved by the Zoning A dministrator or designee) and planted with a combination of trees, shrubs, and ground cover and/or a suitable fence of sufficient height and density to obstruct the view of the storage area. 1.N o front yard storage. Open storage shall not be located w ithin a required Page 11 front yard. 2.Front Yard D isplay. Commercial uses with a front yard display may use alternate landscaping w ith the approval of the Zoning Administrator. J.Utility yards. When uUtility yards are in zones other than Industrial or adjacent to any residential zone or commercial zone, then screening isare required to be screened with a seven (7') foot tall decorative masonry wall or privacy fence as approved by the Zoning A dministrator. 1.The screening required shall consist of a seven (7’) foot tall decorative masonry wall or otherwise approved privacy fence by the Zoning A dministrator that is set back from the right-of-w ay seven (7’) feet and at the property line when not adjacent to the right-of-w ay. a.Maintenance. The area between the right-of-way and the wall shall be landscaped w ith decorative rock and shall be kept free of w eeds. (1)The area betw een the right-of-w ay and the w all shall be planted with one tw o (2”) inch caliper deciduous tree and five 5-gallon bushes every thirty (30’) feet. (2)Trees and bushes required by this section shall be irrigated w ith a water drip system. 2.Setbacks. a.Front Setback. The wall or fence must be set back at least ten (10’) feet from the front property line. The area betw een the right-of-w ay and the w all or fence shall consist of pervious landscaping and be planted w ith one tw o (2”) inch caliper deciduous tree and five (5), five (5) gallon containers of shrubs within every thirty (30’) foot section. b.Side and Rear Setbacks. The fence may be on the side and/or rear property line. 3.Water Tanks. Water tanks are not required to be screened. a.Pumps and other equipment associated with water tanks w ill be in below -grade vaults, in buildings or shall be screened as utility yards. SECTION 5: A MEND MEN T “3.04.060 Parking A rea Screening A nd Safety” of the Rexburg D evelopment C ode is hereby amended as follow s: A M E N D M E N T 3.04.060 Parking A rea Screening A nd Safety A.Screening for Parking A reas. Parking must be screened from public or private right- of-w ay,and other residential uses, and from the adjoining streets to minimize the visual impact of off-street parking. Fences, hedges, berms and landscaping can be used to screen parking areas. Page 12 1.Large Parking Lots. When large parking lots are necessary, increase the landscaping to screen the lot and divide the lot into smaller components. Significant landscape islands must be provided in the interior of large lots (over fifty (50) parking spaces). These may double as snow storage areas in w inter months. 2.Front Yard Berm Buffer. Parking lots in front yard setbacks shall be buffered w ith minimum ten (10’) feet w ide, tw o (2’) feet high landscape berm planted with bushes and treeshave a ten (10') feet w ide landscaped buffer, w here the buffer is planted with a combination of trees, shrubs, and ground cover and/or a suitable fence of sufficient height and density to buffer the parking lot. 3.Side and R ear Yard Buffer. Side and rear buffers Buffers for parking areas shall consist of a minimum five (5’) feet w ide landscape stripto be planted w ith ground coverbuffer w hich shall consist of pervious landscaping and be planted with , one (1) tw o (2") inch caliper deciduous tree and five (5), five (5) gallon containers of shrubs within every, per thirty (30’) lineal feet foot section. a.A six (6') tall vinyl or masonry fence may be substituted for the landscape buffer, but not in front yards or front setbacks. b.Property ow ners may receive an easement in-lieu of this buffer. This easement will need to provide connectivity betw een parking lots and, depending on size, may require landscape islands to be placed. 4.Landscaping and Snow Storage. Parking areas of four (4) or more vehicles shall dedicate ten (10%) percent of the parking area to landscaping and snow storage. The landscaping may be interior or may be peripheral and shall include groundcover and trees. 5.Large Parking Lots. When large parking lots are necessary, increase the landscaping to screen the lot and divide the lot into smaller components. Significant landscape islands must be provided in the interior of large lots (over fifty (50) parking spaces). These may double as snow storage areas in w inter months. 6.Parking Areas and Existing U ses. a.Required Buffer. (1)The buffer shall consist of a minimum five (5’) feet w ide landscaped strip to be planted w ith one (1) tree and five (5) shrubs per thirty (30’) lineal feet.(See subsection 3.02.100.) (2)A six (6’) feet high vinyl or masonry fence may be substituted for the landscape buffer, but not in the front yard or front yard setbacks. (See subsection 3.02.100.) b.The buffer described in subsection 3.04.060.A.5.a shall be provided betw een parking areas for more than five (5) vehicles and existing residential uses, schools, hospitals, nursing homes and other institutions for long-term human care. c.Commercial Parking A reas. C ommercial parking lots shall be separated from the city right-of-way with a minimum ten (10’) feet Page 13 wide buffer w ith the required landscape trees and bushes as described in subsection 3.04.060.A.5a. B.Safety. Parking spaces along the outer boundary of a parking lot shall be contained by high-back curbing or a bumper rail so placed to prevent a vehicle from extending over an adjacent property. 1.Wheel Stops. Wheel stops should be a minimum of four (4”) inches in height and width and six (6’) feet in length, and should be firmly attached to the ground. Placement should be a minimum of eighteen (18”) inches from property line. C.Lighting. A ll lighting for parking areas shall be directed and, w hen necessary, shielded so as not to produce direct glare on adjacent properties, and shall comply w ith the city’s 3.6 Lighting Standards. D.Parking A rea R ules per Zone: 1.Parking in Residential Zones. (See subsection 4.00.060.) 2.C onnectivity: MU , C BC , RBC, L I, PF, RB D . When possible, connectivity through parking lots of adjacent properties is required. 3.(R BD) – R ESIDE NT IA L BUSIN ESS DIST RICT a.Parking areas w ithin the RBD zone are to be used by occupants of the property and customers of the property, and are not to be used by employees or customers of businesses that may be located in nearby business or commercial areas. b.RB D corner lots shall be allowed to petition for parking in side yards provided any such parking shall be buffered visually and for sound from public rights-of-way. 4.(U D ) U NIVERSIT Y D ISTR IC T a.Permissible Lot C overage. In a U D zone, all buildings and structures, inclusive of parking lots, shall not cover more than sixty (60%) percent of the lot or parcel of land upon which they are placed. Page 14 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 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