HomeMy WebLinkAboutALL DOCS - 12-00167 - Development Code Ordinance Ammend - Home OccupationsOrdinonce Amendmenl Applicotion
City of Rexburg
Phone: 208.359.3020
Fox: 208.359.3022
rcX. LOCA,L r-.i StqrEr-:t ST0BAGE l*i rrprr:r:;Please ."-pr.t" t$,{iffi1gBp"ABC"d,A.ffi"*,l fo th" Community Development Depattment, along with
eighteen (18) copies of the application and any supporting documents.
All applications that are complete will be processed with due diligence and will be scheduled, dependent upon
availability, for an upcoming agenda.*lZooltc'l
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Fees Required: Ordinance Amendment $500.00
Publication fee
bs A"i . rsf e
$300.00
$800.00
Name: &*r* A ftefhluta Address:
l, ,. nphone: ap 8: 35 (l -3c: ao " Mobile:
1. What section(s) of the Dev or other otdinance is being requested fot change?
2' Prease n'""tu"{:n:n ";:WT:yf"*g:unb
3. Explain the s) for this amendment proposal.
..ra(
What are the cumulative effects of this proposed ordinance amendment?
Signatute of Applicant
T
Add subsection b. to 4.10 Home Occupations
b. Home Business Requirements - Home businesses must meet all the requirements of the
previous Home occupations subsection with the following exceptions.
1. All Home Business applications require a Conditional Use permit (CUp).
2. Home businesses are allowed only in the following zones: Rural Residential 1 (RRl),
Rural Residential2 (RR2), TransitionalAgriculture 1 (TAG1), and TransitionalAgriculture
2 (rAG2).
3. A home business may be allowed in up to 25% of the residence and 100% of an
accessory structure.
4. Up to 4 non-rerated emproyees may be ailowed as per appricabre.
It,A0oltc'7
APR * I 2012
CITY OF RTXBURG
RT,XBURG
Anerici's |tan i[.t' L)o r nt n utitl'
ORDINANCE NO. 1084
AN ORDINANCE AMENDING ORDINANCE NO. 1026
PROVIDING FOR SUBSTANTIVE AND NON-SUB STANTIVE
CHANGES; INCLUDING: (1) AMEND CHAPTER 3, MEDIUM
DENSITY RESIDENTIAL ONE (MDRI) BY ALLOWING I.ARGER
BUILDINGS AND (2) AMEND CHAPTER 4 TO ADD HOME
BUSINESS REQUIRMENTS TO SUBSECTION 4.108 AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY the Mayor and Council of the City of Rexburg, Idaho:
SECTION I: The Development Code of the City of Rexburg, Idaho, is hereby
amended by the following with a Conditional Use Permit for Amendment One (1) and
Amendment Two Q) to add subsection b. to Chapter 4.10
(1) Amendment One (1) Chapter 3, Section 3.7 Medium Density Residential 1 (MDRI)
A. Chapter 3 Section 7.010. Puqposes afld Obiectives: The MDR1 zone is
established to protect stable neighborhoods of detached single-family dwellings on
smaller lots and multi-family housing. Restoration or rehabilitation of older homes in
this district shall be encoutaged. 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. New buildings may
range from single-family homes up to four (4) units per building, buildings with
more than four (4) units per building require a conditional use permit. The maximum
density permitted in this district is sixteen (16) dwelting units per acre.
B. Chapter 3 Section 7.020 - Permitted Uses (F - Conditional Uses)
1,. More than four (4) dwelling units per building.
(2) Amendment Two (2) Chapter 4
A. Chaptet 4 - add subsection b. to 4.10 Flome Occupations:
b. Flome Business Requirements - Home businesses must meet all the
requirements of the previous Home Occupations subsection with the following
exceptions:
All Home Business applications require a conditional use permit (cup).Home businesses are allowed only in the following zones: Rural Residential 1 (R.R1),Rural Residenial2 ER2), Transitional Agricultur. r gacry, and rtansitionalAgdculture 2 QAG2).
A home business may be allowed in up to 25o/o of the pimaryresidence or 1.00o/oof an accessory structure.
Up to 4 non-rclated employees may be allowed.
SECTION II: Providing for other substantive and non-substantive changes in theDevelopment code as recommended and approved by the planning and zontngCommission of the City of Rexburg,Idaho:
SECTION III: Repeal. All other ordinances and parts of ordinances in conflictwith this ordinance are hereby repealed.
SECTION IV: The City of Rexbutg, Idaho City Council shall enact this ordinance
I: j1819:ltug ordinance 1026 otherwise known as THE DEVELOPMENTcoDE oF THE CITY oF REXBURG, rDAHo upon its passage, approval andpublication.
PASSED BY THE, CITY COUNCIL AND APPROVED BY THE MAYoR this 76,h dayof Ma:r,2072.
(sEAL)fuchatd S. rX/oodland, Mayor
ATTEST:
Blair D. IQy, City Clerk
1.
2.
3.
i+.
STATE OF rDAHO)
County of Madison jtt'
I, Br-AIR D. Ig,., ciry cle& ofthe city of Rexburg, Idaho, do hereby ceri$,: Thatthe above and foregoing is a fr.II, true and .orr.., .opy or tti" ordinance Entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 1026PROVIDING FOR SUB STANT IVE AND NON. SUB STANT IVECHANGES; INCLUDING: (1) AMEND CHAPTER 3, MEDIUMDENSITY RESIDENTIAL ONE (MDRI) BYALLOWING I.ARGERBUILDINGS AND (2) AMEND CHAPTER 4 TO ADD HOMEBUSINESS REQUIRMENTS TO SUBSECTION 4.TOBANDPROVIDING FOR THE EFFECTIVE DATE OF THISORDINANCE.
:ffi:fiY.rHE
CITY couNCrL AND AppRovED By rHE MAyoR this 16,h day
Biair D. IGy, City Clerk
(sEAL)
,
35 Norih Isi Eosf
Rexburg, lD 83440
Findings of Fqct
City of Rexburg
CITY OF
RSXBURG
ccr --^-*---*'''.'
Anwrica"s Fa w ily Com n*nityPhone: 208.359.3020
Fox: 208.359.3022
Development code 1026 Amendment - Home occupations
1" on April 9,201'2, va]chrislens.en representing the city Rexburg, presentedto the Rexburg Planning &zonngcoordinatoi a Request and Alpptcationto amend the Development code ordinance 1026 as iolow'
www.rexburg.org
b. Flome Business Requirements - Home businesses must meet all therequirements of the previous Home Occupations subsection with the followingexceptions:
nbn-related employees may be allowed asper_applieable,,
b. Flome Business Requirements - Home businesses-must rneet all therequirements of the previous Home occupations subsection with the followingexcepilons.
1' Ail Home Business apprications require a conditional use permit (cup).2' Home businesses ar: flowed onty y the following zones: Rural Residential 1 (RR1),Rual Residenial2 (R.R2), Transitional Agriculture 1"(TAG1), and TransitionalAgriculture 2 QAG?).
3' A home business may be allowed in up to 25o/o ofthe residenc e and.700oh ofan accessory structure.
4. up to 4 non-related employees may be allowed as per appricable.
2' on Apdl 10,201'2 the City Clerk sent the Notice of Public hearing to the newspaper to bepublished April 14 and April 29,2012.
on May 3,201'2, the. Rexbur.g r_laTing &zonngcommission held a public hearing
l:g31dh.g adopting the specified changes to DevJlopment Code otdrnance 1026.Val Christensen presented the propor"l.
Jedd Walker motioned to recommend to.City Council to approve the Development CodeNo. 1026 amendment for Home occupations with .h"rrg"r'r, follows -
change line item # 3 to state: "A home business -uyi. allowed in up to 25oh of theprinary residence or1.00oh o-f an.accessoly structtlre, bur'in n0 ca.re larger th)n 5,000 tolal square
feet of a//f/nrq" and change line item #4 io ,rot include the words as per @p/icab/e-..Up to 4
3.
1. All Home Business apprications require a conditional Use permit (cup).2' Home businesses ate_1ll3wed only 1n the.following zones: Rural Residential 1 (RR1),Rural Residenial2 (RR2), Transitional Agriculture 1"GAG1), and rransitionalAgriculture 2 QAG2).
3' A home business may be allowed in up to 25oh of the pimaryresidence or 100oh ofan accessory sttuctute, but in no can /arger than 5,000 total squarefeet ofallf/oors.4. Up to 4 non-related employees may be allowed.
Scott Fetguson seconded the motion.
The motion was discussed.
None opposed. Motion carded.
4. On May 76,201'2 at City Council Community Development Director Chdstensen gave a
histoly of the request. The Impact Area is required to follow the city's Development Code.
There are alot of areas in the city that are still Rural Residential 1 (R.R1), Rurai Residential 2
(R-R2), Ttansitional Agriculture 1 (IAG1) and Transitional Agdculture 2 (TAG2). Requests
were made to allow a little more than what is allowed n a tlptcalsubdivision. The Home
Occupation section 4.1'0,:,lr.the Development Code, has a list of requirements. The section is
very limited; only family living at the occupation can be involved in home occupation and
25o/o of the home is allowed fot business use. The change would allow rural ur.-u, ,o-" .rr.,
that arc more close to what the county allows. It would not be a true commerciai operation.
One request came from a cabinet shop in the Impact Area. He reviewed the four exceptrons
noted above' A CUP request would have to be approved by City Council in the four 1-1ai
zones.
Council Membet Metdll was concerned with putting a limit on the square footage. The
square footage of 5,000 would be too small in the event someone wanted to have a green
house, which is about 6,000 square feet. He would like to look at each project on an
individual basis without a square foot limit. Community Development Director Christensen
is concerned a commercial entity may show up.
Council Ptesident Mann indicated past requests were more concerned with tnfficinstead
of the size of the building. He is willing to consider projects on an individual basis.
Council Membet Metdll moved to approve the amendment to the Development CodeOrdinance No. 1026 by adding to Chapter 4 subsection b. (4.10 Home Occulations for @)Home Business Requirements without any square footage limits) each project would bedecided on an individual basis; Council President Mann-seconded the motion: Mavor
Woodland asked for a vote:
Those voting aye
Council President Mann
Council Member Busby
Council Member Benfield
Council Member Merrill
Council Member Smith
Council Member Suthedand
The motion catried.
Those voting nay
None
NOTICE OF PUBLIC HEARING
TO AMEND THE CITY OF REXBURG(DEVELOPMENT CODE''
(PL/INNING AND ZONING ORDINANCE No. 1026)
NOTICE IS HEREBY GIVEN that a Public Headng will be held May 03,2012, at7:40 P.M. before thePlanning andZontng Commission of the City of Rexburg, Madison County, Idaho, to amend the curent
DE,VELOPMENT CODE EI-LNNING AND ZONING ORDINANCE NO. 1026).
It is proposed by file #12 00167 to review the current DEVELOPMENT CODE and make amendmenrs tothe document concerning substantive and non-substantive items. All proposed modifications to theDEVELOPMENT CODE may be reviewed at the offices of Planning and Zonrngor the City Clerk,s
office. The substantive changes include, but are not limited to, the fofowing:
Amend Ordinance 1026 Chapter 4, by adding subsection b. to 4.10 Home Occupations.
b. Ffome Business Requitements - Home businesses must meet all the
requirements of the previous Home Occupations subsection with the following
exceptions.
1,. AII Home Business applications require a Conditional Use Permit (CUp).
2. Home businesses are allowed only in the foliowing zones: Rural Residential 1 ER1),Rural Residennal2 G,R2), Ttansitional Agriculture 1 (IAG1), and Transitional
Agriculture 2 QAG2).
3. A home business may be allowed in up to 25o/o ofthe residence and 100oh of
an accessory structufe.
4. up to 4 non-related employees may be allowed as per applicable.
At such Public Hearing the Plannin g and ZontngCommission will hear all,persons and all objections andrecommendations telative to the DEVELOPMENT CODE that will be proposed. This notice is given tothe provisions of Section 67-6508,Idaho Code and all amended thereof. Tti, amendment will alJw more
options in home occupations on a case by case basis seeking Planning andZontngrecommendations andCity Council approvals.
The City Council encourages all City tesidents to participate in the process to amend
the DEVELOPMENT CODE' Citizen's comments may be submiited to the City Clerk in writing or byemail dudng the fact frnding period to the Community Development Office at 35 North 1,t East inRexburg.
The City Cletk located at 35 North 1't East, will receive wdtten input for this Public Hearing prior to 4:00P.M. on May 02"d,2072.
DATED this 10th day of Apd,201.2.
CITY OF REXBURG
Blair D. I{ay, City Cle*
and April28th
(:ii\ Lji;
]TFXEUITG f
P.O Box 280
35 North 'lst Easi
Rexburg, ldaho 83440
Phone (208) 359-3020
Fax (208) 359-3022Review Action
April 20, 2012
Permit Number: 12 00167
Project Name: Development Code Ord.1026 Amendment - Home Occupations
Project Type: Zoning Ordinance Amendment
Review ltem Actions Required for Approval Approved
Planning Staff Review
Development Standards Review o4t20t2012This ordinance change was prepared by the
City Planner to allow for more home business
options in RuralZones.
Parcel #'s RPRRXBl03324t0