HomeMy WebLinkAboutORDINANCE NO. 725 REVISED AND AMENDED ZONING ORDINANCE 1991Zoning Ordinance
1991
(Revised)
ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO
ORDINANCE NO, fil
ADOPTED October 2, 1991
(Amended: October 2, 1993)
(Ordinance No. 753)
ORDINANCE NO. -725-
AN ORDINANCE REPEALING ORDINANCES NO. 478 AND 685, ORDINANCES
OF THE CITY OF REXBURG, IDAHO; ENACTING A ZONING ORDINANCE
FOR THE CITY OF REXBURG, DIVIDING THE CITY INTO DISTRICTS IN
ACCORDANCE WITH THE REVISED COMPREHENSIVE PLAN; REGULATING
AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZE OF
BUILDINGS AND OTHER STRUCTURES AND OBJECTS, THE PERCENTAGE OF
LOT THAT MAY BE OCCUPIED BY STRUCTURES, THE SIZE OF YARDS AND
OTHER OPEN SPACES, THE DENSITY OF POPULATION, LOCATION AND
USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, COMMERCE,
INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR
VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR
ENFORCEMENT OF THE ORDINANCE/ PROVIDING FOR EFFECTIVE DATE OF
ORDINANCE.
Section I. Ordinance No. 478 and Ordinance No. 685
of the City of Rexburg, Idaho, are hereby repealed.
Section II. The Zoning Ordinance of the City of Rexburg,
Idaho, is hereby enacted as follows:
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Table of Contents
1. 0 CHAPTER l
1.1 Title.
1.2 Authority.
1,3 Purpose.
l.4 Intent.
2,0 CHAPTER 2
2.1 Definitions for this Ordinance.
3.0 CHAPTER 3 . . . . . .. , ..
3.1 Establishment of Zones, Official Map.
3.2 Determination of District Boundaries.
3,3 Lots Divided by District Boundaries.
3,4 Low Density Residential (LDR).
3.5 Low Density Residential -1 (LDRl).
3.6 Medium Density Residential (MDR).
3,7 High Density Residential (HDR).
3.8 Professional Office overlay District (Po).
3.9 central Business District (CBD).
3.10 Highway Business District (HBD).
3.11 Neighborhood Commercial District (NCD).
3.12 Industrial District (I).
3.13 Airport District (AO).
3.14 open Space Overlay District (OS).
3.15 University District (U).
3.16 Uses Must be In Conformity.
3.17 Buildings in Conformity.
3.18 Regulations Tables.
3.19 TABLE l, ZONING DISTRICTS.
3.20 TABLE 2. LAND USE SCHEDULE
4.0 CHAPTER 4 .....
4.1 Applicability. . .•..
4.2 Yard space for one Principal Building.
4.3 Sale of Lots Below Minimum space Requirements.
4.4 Accessory Buildings. . ..... .
4.5 Access to Public Street Required.
4,6 Clear View of Intersecting streets.
4.7 Fencing and Screening Requirements.
4.8 Parking of Vehicles in Residential Zones.
4.9 Exception to setback Requirements.
4.10 Home Occupations.
4.11 Manufactured homes.
5.0 CHAPTER 5 ..... .
5.1 Off-Street Parking and Loading Spaces Required.
5.2 Distance for Private Off-Street Parking.
5.3 Common Parking Facilities for Joint and Mixed Uses.
5.4 Loading Spaces. . ...
5.5 Parking Plan Required. . ...
5.6 Location of Parking Areas.
5.7 Required Parking for Land Uses.
5.8 TABLE 3. REQUIRED NUMBER OF SPACES.
5.9 Regulations for Central Business District.
6.0 CHAPTER 6 ...... ,
6.1 Zoning Administrator.
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6.2
6.3
6.4
6.5
6.6
6.7
6.8
Duties of the Zoning Administrator. . •..
Planning and Zoning commission. . ...
Duties of the Planning and Zoning Commission.
Membership and Term of the Commission.
organization of the Commission.
Meetings of the Commission.
Conflict of Interest.
6.9 Permits Required.
6.10 Certificate of occupancy.
6.11 Site Plan Review.
6 .12 Variances. . . . . . •
6.13 Conditional Use Permits.
6.14 Amendments to this Ordinance.
6.15 Hearing Procedures.
6.16 Fees.
7.0 CHAPTER 7 .....
7.1 Applicability.
7.2 Effect of Previous Ordinances and Maps.
7.3 severability. . ....
7,4 Relationship to other laws.
7.5 Violation and Penalties.
8.0 CHAPTER 8
8.1 Purpose.
8.2 continuance.
8.3 Change of Use.
8.4 Maintenance and Repairs.
8.5 Expansion or Enlargement.
8.6 Restoration. . ...
8.7 Discontinuance.
8.8 Nonconforming Lots of Record.
9,0 APPENDIX A .•..
9.1 HOME OCCUPATIONS ..... .
9,2 APPLICATION FOR VARIANCE
9.3
9.4
APPLICATION FOR CONDITIONAL USE PERMIT
APPLICATION FOR REZONING
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1.0 CHAPTER 1
TITLE, AUTHORITY, PURPOSE, AND INTENT
1.1 Title.
This Ordinance shall be known and entitled as "The Rexburg
Zoning Ordinance11 and may be so cited and pleaded.
1.2 Authority.
This Ordinance is adopted pursuant to authority granted by
Title 67, Chapter 65 of the Idaho Code, and Article 12,
Section 2 of the Idaho Constitution, as amended.
1.3 Purpose.
The purpose of this Ordinance shall be to promote the health, safety,
and welfare of the residents of the City of Rexburg as follows:
1. To protect property rights and enhance property
values.
2. To provide for the protection and enhancement of
the local economy.
3. To ensure that important environmental features are
protected and enhanced.
4. To encourage the protection of prime agricultural
lands for the production of food.
5. To avoid undue concentration of population and
overcrowding of land.
6. To ensure the development on land is commensurate
with the physical characteristics of the land.
7. To protect life and property in areas subject to
natural hazards and disasters.
8. To protect recreation resources.
9. To avoid undue water and air pollution.
10. To secure safety from fire and provide adequate
open spaces for light and air.
11. To implement the comprehensive plan.
1.4 Intent.
It is the intent of the governing body of the City of Rexburg that
this Ordinance be interpreted and construed to further the purposes
of this Ordinance and the objectives and characteristics of the
zoning districts.
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2.0 CHAPTER 2
DEFINITIONS
2.l Definitions for this Ordinance.
For the purpose of this Ordinance, the following words
or phrases shall have the meaning respectively ascribed
to them herein.
Abandonment. To cease or discontinue a use or activity
without intent to resume but excluding temporary or short-
term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving a facility,
or during periods of vacation or seasonal closure~
Accessory structure. A subordinate structure detached from
but located on the same lot as the principal structure, the
use of which is incidental and accessory to that of the
principal structure.
Accessory use. A use incidental to, and on the same parcel
as, a principal use.
Agriculture. The use of land for agricultural purposes,
including crop farming but excluding the raising of
livestock, poultry, and dairy animals.
Amusement arcade. A building or part of a building in which
five or more pinball machines, video games, or other similar
player-oriented amusement devices are maintained.
Automobile wrecking yard. see junk yard.
Bed and breakfast inn. An owner-occupied dwelling that
contains no more than three guest rooms where lodging, with
or without meals, is provided on a daily rate basis.
Boarding house. A building that is the primary residence of
the owner and in which rooms are provided on a weekly or
monthly basis by the owner, for compensation to three or more
but less than twenty adult persons not related by blood,
marriage, or adoption to the owner.
Buffer area. A landscaped area intended to separate and
partially obstruct the view of two adjacent land uses or
properties from one another.
Building line. The line, parallel to the street, that passes
through the point of the principal building nearest the front
lot line. The building line measured from the drip line of
the building.
~ampground. An area or tract of land on which accommodations
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for temporary occupancy are located or may be located,
including cabins, tents, and major recreational vehicles or
equipment, and which is used primarily for recreational
purposes and retains an open air or natural character.
Car wash. An area of land and/or a structure with machine
or hand-operated facilities used principally for the
cleaning, washing, polishing, or waxing of motor vehicles~
Conditional use permit. A special use permit as provided for
by Idaho Section 67-6512 in which a use that, owing to some
special characteristics such as traffic or noise generation,
parking needs, access, building size, lighting, or other
characteristics of operation, is permitted in a district
subject to approval by the Planning commission or the City
Council, depending upon the particular use.
Convenience store. Any retail establishment offering for
sale prepackaged food products, household items, and other
goods commonly associated with the same and having a gross
square floor area of less than 5,000 square feet.
Day care center. A building or structure where care,
protection, and supervision are provided on a regular
schedule, at least three ti.mes a week to more than 12
children.
Family child care home. A private residence where care,
protection, and supervision are provided, for a fee, at
least three times a week to no more than six children at
one time ..
Group child care center. A building or structure where
care, protection, and supervision are provided, on a
regular schedule and for a fee, at least three times a
week to a least seven children and no more than twelve
children.
Density. The number of dwelling units per gross acre, i.e.
including the land dedicated to streets.
Development. A land use consisting of two or more principal
buildings, for example, an apartment complex consisting of
three buildings.
Dormitory. A building used as a group living quarters for
twenty or less persons. Such group living quarters shall be
associated to a college, university, boarding school,
orphanage, convent, monastery, farm labor camp, or other
similar use. Dormitories do not include kitchen facilities,
except a group kitchen facility to serve all residents.
Dwelling. A building or portion thereof that provides living
facilities for one or more families~
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Dwelling, multifamily. A detached residential building
containing three or more dwelling units, including what is
commonly known as an apartment building.
Dwelling unit. one or more rooms physically arranged so as
to create an independent housekeeping establishment for
occupancy by one family with separate toilets and facilities
for cooking and sleeping.
Elderly housing. A building or group of buildings occupied
by persons 55 years or older or couples where either the
husband or wife is 55 years or older. This does not include
housing in which the elderly may occupy the units seasonally
or convalescent or nursing facilities.
Family. one or more persons occupying a dwelling unit and
living as a single, nonprofit housekeeping unit, provided
that a group of five or more persons who are not within the
second degree of kinship shall not be deemed to constitute a
family unless such five or more persons are handicapped
persons as defined by the Idaho code 67-6531 or as defined in
Title VII of the Civil Rights Act of 1968, as amended by the
Fair Housing Act Amendments of 1988.
Floodplain. Any land area susceptible to being inundated by
water from any source as defined by the FIRM map established
for Rexburg by the Federal Emergency Management Agency
(FEMA).
Floodway. The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to
discharge the 100-year flood without cumulatively increasing
the water surface elevation more than one foot at any point.
Floodway fringe. All that land in a floodplain not lying with
a delineated floodway. Land with a floodway fringe is
subject to inundation by relatively low velocity flows and
shallow water depths.
Floor area, gross~ The aum of the areas of the several
floors of a building, including any areas used for human
occupancy in the basements and attics, as measures from the
exterior faces of the walls.
Frontage. The length of any one property line of a premises,
which property line abuts a legally accessible street right-
of-way. 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.
Grade. The lowest point of elevation of the finished surface
of the ground, paving, or sidewalk within the area between
the building and the property line, or when the property line
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is more than five feet from the building, between the
building and a line five feet from the building.
Group home for the handicapped. A dwelling shared by eight or
less handicapped persons, including resident staff, who live
together as a single housekeeping unit and in a long-term,
family-like environment. See Idaho code 65-6731.
Health/recreation facility. An indoor facility including
uses such as game courts, exercise equipment, locker rooms,
jacuzzi, and/or sauna and pro shop.
Height. The average vertical distance from the grade to the
top of the building walls.
Home occupation. An accessory use of a dwelling unit or the
accessory building for gainful employment which is clearly
incidental and subordinate to the use of the dwelling unit as
a residence.
Hospital~ An institution providing health services primarily
for human in-patient medical or surgical care for sick or
injured and including related facilities such as
laboratories, out-patient departments, training facilities,
central service facilities, and staff offices that are an
integral part of the facilities.
~-A facility offering transient lodging accommodations
on a daily rate to the general public. Additional services,
such as restaurants, meeting rooms, and recreational
facilities may be provided.
Household pet. Small animals including fish or fowl
permitted in the house or yard and kept for company or
pleasure, such as dogs, cats, rabbits, canaries, parrots,
parakeets, or goldfish.
Housing for the elderly. A building or group of buildings
containing dwellings where the occupancy of the dwellings is
restricted to persons 55 years of age or older or couples
where either the husband or wife is 55 years or older.
Impervious surface. A surface that has been compacted or
covered with a layer of material so that it is highly
resistant to infiltration by water, It includes surfaces
such as compacted sand, lime, rock, or clay, as well as most
conventionally surfaced streets, roofs, sidewalks, parking
lots, and other similar structures.
Industry, heavy. A use engaged in the basic processing and
manufacturing of materials or products predominantly from
extracted or raw materials, or a use engaged in storage of,
or manufacturing processes using flammable or explosive
materials, or storage or manufacturing processes that
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potentially involve hazardous or commonly recognized
offensive conditions.
Industry, light, A use engaged in the manufacture,
predominantly from previously prepared materials, of finished
products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic
industrial processing.
Junk. Old, dilapidated, scrap or abandoned metal, paper,
building material and equipment, bottles, glass, appliances,
furniture, beds and beddings, rags, motor vehicles and parts
thereof.
Junkyard. An open area where wastes or used or secondhand
materials are bought, sold, exchanged, stored, processed, or
handled. Materials shall include but not limited to scrap
iron and other metals, paper, rags, rubber tires, and
bottles. An automobile wrecking yard is also considered a
junkyard.
Kennel, private. Any building or buildings or land designed
or arranged for the care of dogs and cats belonging to the
owner of the principal use, kept for the purposes of show,
hunting, or as pets.
Laundry, self-service. A business that provides home-type
washing, drying, and/or ironing machines for hire to be used
by customers on the premises.
Lot area. The total horizontal area within the lot lines of
a lot.
Lot, corner. A lot abutting on and at the intersection of
two or more streets.
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 to the rear lot line, or to
the most distant point on any other lot line where there is
no rear lot line.
Lot, flag. Lots or parcels that the City has approved with
less frontage on a public street than is normally required.
The panhandle is an access corridor to lots or parcels
located behind lots or parcels with normally required street
frontage,
Lot, interior. An interior lot is a lot other than a corner
lot.
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Lot line. The boundary line of a lot.
Lot line, front. The property line separating the front of
the lot from the street,
Lot line, rear. The lot line opposite to 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 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 10 feet
long, lying within the lot and parallel to a line tangent to
the front property line at its midpoint.
Lot line, side. Any lot line not a front or rear lot line.
Lot of record. A lot that is part of a subdivision, the plat
of which has been recorded in the office of the Recorder of
Madison County, Idaho, or any parcel of land, whether or not
part of a subdivision, that has been officially recorded by a
deed in the office of the Recorder, provided such lot was of
a size that met the minimum dimensions for lots in the
district in which it was located at the time of recording or
was recorded prior to the effective date of zoning in the
area where the lot is located.
Lot, substandard. 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 lot shall have been of record as a
legally created lot on the effective date of this ordinance.
Lot, through. A lot that has a pair of opposite lot lines
along two substantially parallel streets and which is not a
corner lot. on a through lot, both street lines shall be
deemed front lot lines.
Lot width. The horizontal distance between side lot lines
measured at the required front setback line.
Manufactured home. A single-family unit fabricated in one or
more sections at a location other than the home site by
assembly line or similar production techniques or by other
construction methods typical of off-site manufacturing
process. Every section shall bear a label certifying that it
is built in compliance with the Federal Manufactured Home
Construction and Safety Standards, June 15, 1976 (42 u.s.c.
sec. 5401), A manufactured home may be designed to be towed
on its own chassis or be delivered to the site by other
means.
Manufactured housing park. A parcel of land under single
ownership that has been planned and improved for the
placement of manufactured housing for dwelling purposes.
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Mobile home. A transportable, factory-built home, designed
to be used as a year-round residential dwelling and built
prior to the enactment of the Federal Manufactured Housing
Construction and Safety Standards Act of 1974, which became
effective June 15, 1976.
Motel. A building or group of detached or connected
buildings designed or used primarily for providing sleeping
accommodations for travelers and having automobile parking
conveniently located on the premises~
Nonconforming building. Any building which does not meet the
limitations of building size or location on a lot for the
district in which the building is located and was built prior
to the effective date of this ordinance.
Nonconforming lot. An existing lot, the area, width, size,
or other characteristic of which, fails to meet the
requirements of the district in which it is located and which
was conforming prior to the effective date of this ordinance.
Nonconforming Use. A use not conforming to the provisions of
this ordinance but which was lawfully existing at the time of
adoption of this Ordinance.
Nursery. A building or portion of building or residence
providing pre-school curriculum and education to more than
twelve children.
Office. A building or portion of a building wherein services
are performed involving predominantly administrative,
professional, or clerical operations.
Outdoor storage. The keeping, in an unroofed area, of any
goods, junk, material, merchandise, or vehicles in the same
place for more than twenty-four (24) hours.
overlay Zone. A set of zoning requirements that is described
in this Ordinance, is mapped, and is imposed in addition to
those of the underlying district. Developments within the
overlay zone must conform to the requirements of both zones
or the more restrictive of the two~
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.
street or alley
for the parking
An obstructed space or area other than a
that is permanently reserved and maintained
of one motor vehicle~
Pharmacy. A service business which dispenses, under the
supervision of a pharmacist licensed by the State of Idaho,
prescriptive and non-prescriptive medicines and drugs,
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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.
Plant nursery. Any land used to raise trees, shrubs( flowers,
and other plants for sale or transplanting.
Principal building& A structure or, where the context so
indicates, a group of structures in which 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.
Recreational vehicle Recreational vehicles may include but
are not limited to motor homes, converted busses, camping and
travel trailers, light-duty trailers and transporters, horse
and cattle trailers, rafts, boats and their trailers.
Recycling center or plant. A facility which is not a
junkyard and in which recoverable resources, such as
newspapers, glassware, and metal cans are collected, stored,
flattened, crushed or bundled within a completely enclosed
building.
satellite dish antenna. 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
device shall be used to transmit and/or receive radio or
electromagnetic waves between terrestrially and/or orbitally
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 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 station. Any premises where gasoline and other
petroleum products are sold and/or light maintenance
activities such as engine tuneups 1 lubrication, minor
repairs1 and carburetor cleaning are conducted. Service
stations shall not include premises where heavy automobile
maintenance activities such as engine overhauls, automobile
painting, and body fender work are conducted.
Self-service station. An establishment where liquids used as
motor fuels are stored and dispersed into the fuel tanks of
motor vehicles by persons other that the service station
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attendant and may include facilities available for the sale
of other retail products.
Setback~ The minimum horizontal distance between a property
line of a lot and the nearest drip line of the eaves of the
building, including any projection thereof, excluding
uncovered steps. Uncovered steps or a deck may not extend
into the front setback more than one-third of the required
setback.
Shopping center. A grouping of three or more retail
businesses or service uses on a single site of two or more
acres with common parking facilities.
Site plan. A plan, prepared to scale, showing accurately and
with complete dimensioning, the boundaries of a site and the
location of all buildings, structures, uses, and principal
site development features proposed for a specific parcel of
land.
Story. That portion of a building included between the
surface of any floor and the surface of the floor next above
it, or if there be no floor above it, the space between such
floor and the ceiling above it. A basement shall be counted
as a story if its ceiling is over six feet above the average
level of the finished ground surface adjoining the exterior
walls of such story, or if it is used for business or
dwelling purposes.
Street. A public or private thoroughfare used, intended to
be used for passage or travel by motor vehicles, from a site
to other parts of the City. Driveways are not to be
included. streets are further classified by the functions
they perform.
a) Residential access streets or local streets have the
sole purpose of providing frontage for service and
access to private lots. These streets carry only
traffic having either destination or origin on the
street itself. The elimination of through traffic and
the geometric design of the street are means to promote
safety and to create a desirable residential
neighborhood.
b) Residential collectors are streets that conduct and
distribute traffic between other residential streets of
lower order and higher order streets or major activity
centers. This is the highest order of street
appropriate to a residential neighborhood and
residential frontage along it should be prohibited or
severely restricted.
c) Arterials are roads conveying traffic from
between major activity centers within the community and
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traffic through the City. Efficient movement is the
primary function of arterial roads. Private access and
front should be controlled and limited to high volume
generators of vehicle trips.
Temporary Use. A prospective use, intended for a limited
duration, generally less than a year, to be located in a
zoning district not permitting such use, and not continuing
such use or building.
Tower. A structure situated that is intended for
transmitting or receiving television, radio, or telephone
communications, excluding those used exclusively for dispatch
communications.
Truck Terminal. Land and buildings used as a relay station
for the transfer of a load from one vehicle to another or
one party to another. The terminal cannot be used for
permanent or long-term accessory storage for principal land
uses at other locations~ The terminal facility may include
storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal~
Variance. A modification of the requirements of this
Ordinance for lot size, lot coverage, width, depth, front
yard, side yard, rear yard, setbacks, parking space, height
of buildings, or other ordinance provisions affecting the
size or shape of a structure, the placement of the
structure upon lots, or the size of the lot. A variance does
not include a change of land use. See Idaho Section 67-6516.
Warehousing and distribution. A use engaged in storage,
wholesale, and distribution of manufactured products,
supplies and equipment, but excluding bulk storage of
materials that are inflammable or explosive or that create
hazardous or commonly recognized offensive conditions.
Yard. Any open space located on the same lot with a building,
unoccupied and unobstructed from the ground up, except for
accessory buildings, or such uses as provided by this zoning
ordinance. The minimum depth or width of a yard shall
consist of the horizontal distance between the lot line and
the drip line of the main building.
Yard, Front. A yard extending along the full width of a
front lot line between side lot lines and from the front lot
line to the front building line in depth.
Yard, Rear. A yard extending the full width of the lot and
lying between the rear lot line and the nearest line of the
building. Rear-yard depth shall be measured at right angles
to the rear line of the lot.
Yard, Side. A yard lying between the side line of the lot
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and the nearest line of the building and extending from the
front yard to the rear yard. Side yard width shall be
measured at right angles to the side lines of the lot.
Zone. A portion of the territory of the City, exclusive of
streets, alley, and other public ways, within which certain
uses of land, premises, and buildings are not permitted and
with which certain yards and open spaces are required and
certain heights are established for buildings.
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3.0 CHAPTER 3
ZONING DISTRICTS
3.l Establishment of Zones, Official Map.
The boundaries and zoning classifications of districts are shown on the
map entitled "Zoning District Map of the City of Rexburg, Idaho", dated
October 2, 1991, which map and all information shown thereon are by
reference made a part of this Ordinance.
The City may be divided into the following zoning
districts, the boundaries and extent of which shall be shown
on an official zoning district map maintained by the City
Clerk:
(a) Low Density Residential (LDR)
(b) Low Density Residential -1 (LDRl)
(c) Medium Density Residential (MDR)
(d) High Density Residential (HDR)
(e) central Business District (CBD)
(f) Highway Business District (HBD)
(g) Neighborhood Business District (NBD)
(h) Industrial District (I)
(i) Professional Office overlay (PO)
(j) Airport District (AP)
(k) Open Space Overlay (OS)
(1) University District (U)
3.2 Determination of District Boundaries.
Unless otherwise defined on the zoning district map, district
boundaries are the quarterlines or centerlines of ten (10)
acre blocks; platted lot lines; property lines; the
centerlines of streets, alleys, or railroad rights-of-way (or
such lines extended); government survey lines; municipal
limit lines; or the centerlines of streams.
3.3 Lots Divided by District Boundaries.
If a parcel or lot is divided by district boundaries, the requirements
of the most restrictive district shall apply to the property.
3.4 Low Density Residential (LOR).
The LDR Zone is established to protect stable neighborhoods of
detached single family dwellings on larger lots. The limited
conditional uses allowed in this district shall be compatible
with an atmosphere of large, landscaped lawns, low buildings
heights, ample setbacks and side yards, predominantly off-
street parking, low traffic volumes, and low nuisance
potentials. The maximum density permitted in this district
is three (3) dwelling units per gross acre.
3.5 Low Density Residential -l (LDRl).
The LORI is established to protect stable neighborhoods of
detached single family dwellings on smaller lots. The
conditional uses allowed in this district shall be compatible
15
with single family homes on landscaped lawns, low building
heights, predominantly off-street parking, low traffic
volumes, and low nuisance potential. Two family dwelling
units are conditional uses within this zone. The maximum
density permitted in this district is eight (8) dwelling
units per acre.
3.6 Medium Density Residential (MDR).
The Medium Density Residential is established to protect
stable neighborhoods of detached single family dwellings
on smaller lots and multi-family housing not to exceed
four dwelling units per development as a use by right.
Restoration or rehabilitation of older homes in this
district shall be encouraged. 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.
The maximum density permitted in this district is sixteen
(l6) dwelling units per gross acre.
3.7 High Density Residential (HDR).
The High Density Residential zone is established to provide
higher density residential housing areas served by collector
and arterial streets. The zone shall be characterized by
dwellings for three and more families, ample off-street
parking, higher traffic volumes, proximity to Ricks College
and other traffic generators, and low nuisance potential.
Thirty (30) dwelling units per gross acre is the maximum
density permitted.
3.8 Professional Office Overlay District (PO).
The PO is established to provide land for professional
offices near the communityts medical facilities and in areas
of transition from residential to commercial. Such offices
shall be located and designed to conform to the residential
character of the neighborhood. Site plan review by the
Planning and Zoning Commission is required to minimize the
potential nuisance activities of offices in the residential
neighborhoods.
3.9 central Business District (CBD).
The CBD is established to recognize the historic central
retail and service center of the City. Front setbacks are
not common and lot coverage may approach or be one hundred
percent. On-street parking serves many of the businesses.
Office and residential uses are encouraged on the upper floors
of the downtown buildings, and first floor residential uses are
conditional uses.
3.10 Highway Business District (HBO).
The Highway Business District provides for a wide range of
commercial and service oriented activities along the City's
major streets. To protect the City's roadscape, limited
16
highway access, internal circulation, off-street parking, and
landscaped settings are characteristic of the zone.
3.11 Neighborhood commercial District (NCD).
The Neighborhood commercial District is designed to provide
a limited range of convenience goods ta the immediate
residential neighborhood. The size of such development shall
be limited to deter nuisance potential and shall be located
on the collectors serving a residential neighborhood.
3.12 Industrial District (I).
The Industrial District is established to recognize the need
for industrial sites which are generally major and extensive
operations, require large level sites with open storage and
service areas, and utilize regional transportation such as
railway and state highways, Warehousing, light manufacturing,
supply yards, and construction yards are compatible with this
district. Heavier industrial uses which may produce same
glare, dust, smoke, noise, and odor are conditional uses to
assure that land use conflicts are minimized.
3.13 Airport District (AO).
The Airport District is established to protect the present
and long term use of the airport and airport facilities.
Uses such as airport related activities, warehousing, open
space, and agricultural uses are harmonious with the use of
the airport. Height restrictions within this district are
determined by the City's ordinance regulating the approach
zone of the airport under FAR Part 77, Airspace.
3.14 Open Space overlay District (OS).
The Open Space District is established to recognize areas of
recreational and public uses and to protect floodplains,
slopes, and natural drainage ways from development that may
cause or contribute to flooding, slope failures, excessive
soil erosion, and sediment and water pollution of the Teton
River. The uses within the underlying zone, except those
associated with open space, are conditional uses within this
zone. The Open Space zone may be the only applicable zone
for parks, public utilities, snd other public uses. The
floodplain is defined by the FIRM for Rexburg.
3.15 university District (U).
The University District is to recognize the establishment and
growth of Ricks College. To assure compatibility with City
development, buildings over 10,000 square feet and arenas and
stadiums are conditional uses within this zone.
3.16 uses Must be In conformity.
Land or premises shall be used, unless otherwise provided in
this Ordinance, in conformity with regulations herein set forth
for the zoning district in which said land or premises is
located.
17
3.17 Buildings in Conformity.
No building or Structure shall be erected or used unless
in conformity within the regulations herein set forth for the
zoning district in which said building or structure is
located.
3.18 Regulations Tables.
Table l, Zoning Districts, sets forth the requirements for
minimum lot area, lot width, minimum yards, maximum lot coverage,
and maximum building height. Table 2, Land Use Schedule, lists
the permitted and conditional uses for each zoning district.
Table 1 and 2 are an integral part of this Ordinance.
18
3.19 Tl\BLEL ZONING DISTRICTS.
DISTRICT USES STANDARDS FOR OS.BS BY BIGHT
Minimum Minimum Minimum Minimum Maximum Maximum
MiniJJUID Lot E'ront Rear Side Lot Building
By Right Conditional Lot Area Width Yard Yard Yard Coverage Height
LDR Single family Schools. 12,000 80 ft. 25 ft. 25 ft. 5° for 70% 30 ft.
dwellings. every
Churches. foot of
Accessory building
buildings. Parks, height:
playgrounds. 7. s.~
Flames for niinimum
mentally and/or Semi-public
physically uses.
handicapped as
in Idaho Code Home
57-6531. occupations.
Limited Publicly owned
home occupations. institutions
such as libraries
Gardening for and musewns.
personal use.
Cemeteries.
customary
household pets. Utility buildings
and structures.
Agriculture.
LDR1 As in LDR As in LOR. 8,000 60 ft. 25 ft. 20 ft. 6" for 70% 30 ft.
plus sq. ft. every
Hospitals. plus foot Of
r,tanuf actured 2,000 building:
housing units Nursing homes. for s• rn.i.nimum
24 feet o.r wider each
on pennanent Child care additional
foundations. centers and dwelling
see note below. nurseries.
Two-fa.mil y
dwellings.
19
DISTRICT
MOR Same as LDRl
TWo. three, and
four family
dwellings.
Lilli ted home
oocupations.
Child care
centers and
nurseries.
Two-family
dwellinga.
Three to
twenty-three
family
dwellings.
Donnitory
housing,
fraternity,
sorority.
Boarding houses.
Child care
cente;rs and
nurseries.
USES STANDARDS FOR USE$ Bl'. RIGHT
Minimum Minimum Minimum Minimum Maximum Maxi.mum
Ccnditl.onal
Same as LDRl
plus
Five and
six family
dwellings.
Boarding houses.
Nursing bOl!ieS.
Mnb1le home
court5 and
subdivisions.
Minimwn Lot
Lot Area Width
4,500 60 ft.
sq. ft.
p:ius
l,500 "".
ft. for
eaclt
additional
dwelling
unit
Dormitory housing,
fraternity, sorority.
Five and six dwellings
per development.
Buildings or
developments with
more than twenty-
three dwellings.
Mobile home
courts and
subdivisions.
Schools,
churches,
hospitals.
Publicly owned
institutions.
Cemeteries~
Single family
homes.
Utility buildings
and structures~
4,500 60 ft.
sq. ft.
plus 500
sq. ft. for
each
addition.al
Owelling unit
20
Front
tard
25 ft.
25 ft.
Rear
tard
20 ft.
20 ft~
Side
Yard
Lot Building
Coverage Height
4u for 70% 30 ft.
every 1'
of huild:ing
height:
6' minimwn
4« for ao, JO
every foot
of building
height with
a minimum of
6'
DISTRICT USES STANDARDS '.FOR USES BY RIGHT
Minimum Minimwn Minimum Minimum Maxinnnn M.aXimum
NCO
By Right Conditional
Mini!num Lot
Lot Area Width
Retail uses.
services,
offices.
Farl!I eqUif.(l!IQllt
sales.
NA
Utility facilities.
Residential on
upper floors. .Residential on first
floor.
See Land Use Schedule for specific uses.
AUto-Qriented Transportation NA
retail, service$, and. utility
offices~ facilities.
Limited Certain
Wholesale, recreational
light industry. facilities.
See Land Use Schedule for specific uses.
convenience stores. NA
Sel.f-servioe laundries.
Gasoline service stations.
Drug stores lees than 5,000
square feet, pharmacies.
Beauty and barber shops.
Day care centers~
NA
21
Front
Yard
0 ft.
15 ft.
15 ft~
Rear
Yard
0 ft.
0 ft.
0 ft.
Side
Yard
0 ft.
0 ft.
0 ft.
Lot Building
Cove.rage Height
45 ft.
90% 45 ft.
ao, 30 ft.
DISTRICT USES S'.rANDARDS FOR USES BY RIGHT
I
PO
u
By Right
Wholesale uses.
Light industry'
'.rransportation and
utilities.
Conditional
Heavy industry.
Minimum Minimum Minimum Minimum Maximum Maximum
Minimum Lot
Lot Area Width
NA !IA
Front
Yard
20 ft.
'""''
Yard
Q ft.
Side
Yard
0 ft.
Lot Building
Coverage Height
so• 45 ft.
See Land Use Schedule for specific uses.
Medical and dental
offices,
laboratories.
Ont patient
services.
Pharmacies.
Professional
offices not
medically related.
Univeraity
and college
buildings
10,000 square
feet or less.
outdoor
recreational
facilities,
Agricu.ltw:-e.
Cel!l0teries.
Parks.
Water, wastewater
treatment plants.
Businesst
finance, and
real estate
services.
University and NA
college buildings
and facilities
over 10,000
square feet.
Arenas and stadi!llll$.
All other U$8$ NA
listed for
underlying zone.
Sal'l'El setbacks as underlying zone.
Site plan appxoval by Planning and
Zoning Commission required.
NA 20 feet from public rights-of-way
NA 20 feet 20 ft. 5 t't.
10,
50%
Note: Development within this zone may be
controlled by floodplain ordinance.
22
30 ft.
45 ft.
30
DISTRIC'.I' USES STANDARDS FOR USES BY RIGE'l'
Minimum Minimum Minimum M.inittlllm Maximum Maxinru:m
AO
NOTES.
By Right Conditional
Airport and airport Outdoor
related uses.
Wholesale uses.
Limited light
industrial.
Transportation
recreation.
and utility facilities.
Minimum Lot
Lot Area Width
NA NA
See Land Use Schedule for specific uses.
Front
Yard
20 ft.
Rear
Yard
0 ft.
Side
Yard
0 ft.
Lot Building
Coverage Height
90% •
{1) Farming grains, fruits, 'il'egetables is a permitted use in all zones. See Land use Schedule.
(1} on corner lots, the side yard on the street side shall be the sa:me as required for the front setback.
(2) Whan COl'lffl'leXcial or industrial uses abut a residential zone, eetbackS shall be the same as are required in
the adjacent residential district. For required screening when abutting residential 11Ses, see Section 4-7 of
this Ordinance~
(3) The maxinuun size of a zone of the Neighborhood Coounercial District is two (2) acres-
(4} When uses in the AO Zone abut a residential zone., setbacks at a minimum shall be the same as are requi:red in
the adjacent residential zone.
(5) Height depends on the requirements of the ordinance under FAR Part 77.
(6) The above table gives a general outiine of uses for commercial and industrial zones. see Land Use Schedule
for specific uses.
{7) The lMXimwn allowable densities for each residential zone are as follows:
Zone Dwelling Units
per Gross Acre-
LDR 3 d.u.s
LUR1 • d.u.s
MDR 16 d.u.s
HDR 30 d.u.s
23
{8) Manufactured h0Ine$ that are placed on individual lots and not in mobile home pa.rkS shall meet the following
standards:
{A) Shall be new and at least twenty-four feet {24'} in width.
(B} Shall have a nonglare, wood shake or asphalt ,roof with a minimwn slope of 3/12 and a minimum six ineh
{6") eaves.
(C) Shall have an exterior siding that is residential in character, including but nc;t limited to~
clapb(;tards, simulated clapboards such as conventional vinyl or metal siding, wood shingles or shakes, or
similar material. The siding shall not have a high-gloss finish and shall nc;t be composed of smooth,
ribbed, or corrugated metal or plastic panels.
(D) Shall be placed on a permanent foundation that complies with the uniform Building Code for residential
structures.
f6} The hitch, axles, and wheels must be rwnoved, and the foundation fascia must be similar in appearance
and durability to the masonry foundation of site-built buildings.
Mobile homes and. manufactured homes not meeting the. above conditions are permitted in established and approved
mobile home courts and mobile home subdivisions.
(9) The land area, square footage, or lot coverage occupied by a conditional use on the effective date of this
Ordinance may not be expanded by more than fifteen percent ( 15%) without review under the conditional use permit
provisions o~ this ordinance.
24
3~20
P = Permitted Use
C ~ Conditional Use
LAND USE
RESlDENl'IAL
Bingle family dWelling
Home for mentally/physically handicapped
Two family dwelling
Three family dwelling
Four family dwelling
Five and six family dwelling or development
Twenty-t-our units per building or development
Dormitocyr fraternity, sorority
Boarding house
Bed and breakfast
Home occupatJ.on
Manufactured home 24' or more in width (new)
TABLE 2, !.AND tfSE SCIDIDULE
DISTRICT
LDR LDR1 MOR IIDR PO CED llBD NllD I AD
p p p C C
p p p p p
C p p p
p p p
p p p
C p p
C C
C p
C p p
p p
P/C P/C P/C P/C
p p C
Mobile home or manufactured home less than 24' in Width Approved tnobile home court or subdivision
Mobile home park (See mobile home park ordinance}
Mobile home subdivision { see above ordinance}
Nursing hOO'le
Religious dormitories
M.otels, hotels
MANUFACTURING
Food and kindred products (SLUC 21)
Meat products (211)
Dairy products {212)
Canning and preserving ( 213 J
Grain mill products (214}
Bakery products {215}
Sugar (216)
Confectionery, candy {217}
Beverage (216}
Other food products
Textile mill prodllcta {SLUC 22)
Apparel and other clothing products (SLUC 23)
Lumber and other wood products (SLUC 24)
Sawmills and planning mills (242)
Millwork {2431.)
Veneer and plywood (2432}
Prefabricating wooden buildings (2433)
Wooden containers {2440)
other
Furniture and fixtures {SLUC 25)
Paper and allied products (SLUC 26)
Printing, publishing, including neW$papers (SLUC 27}
Chemicals end allied products (SLUC ZB}
C C
C C
C p p
p p
Petroleum refining and relatOd industries1 including paving materials (SLUC 29}
25
C
p
p p
C
C
p
p
p
C
p
p
C
p
p
C
p
p
p
p
C
p p
C
p p p
C
C
OS
C
C
C
C
C
C
LAND USE SCIDIDULE Page 2
LAND USE DISTRICT
LOR Llllll MDR llDR PO CBD FlBD NBD I AO OS
Rubber and plastiq products ( sure: 31) C
Stone~ clay, and glass products {SLUC 32)
Flat glass, glass, glassware (321, 322} p p
Cement manufacturing (323} C C
Pottery and related products (325) p p
Concrete, gypsum, and plaster (326) C
cut stone products (327} p C
other C
Primary metal industries (SLUC 33) C
Fabricated metal products {SLUC 34)
Ordnance and accessories ( 341} C
Machinery except electrical (342) p
Electrical machinery, equipment* supplies (343) C p
Transportation equipment { 34.4 J p
Other C
Professional, scientific, optical goods (SLUC 35)
Laboratory and research instru."'lSD.ts {351) p p
Instruments for measuring (352} p p
Optical instruments and lenses (355) p p
Photographic supplies and ,aquip,ment (356) p p
Watches, clocks (357) p p
Miscellaneous
Jewelry manufacturing (391) p p
Musical instru:l'Benta (392} p p
other C C
TRANSPORTATION AND UTILITIES
Railroad, including terminals and yards (SLUC 41) C p p C
Bus passenger terminals (SLUC 4121-4123) F p p
Bus garaging and equipment :maintenance ( 4214) C p p
Motor freight terminals ( 4221) C p p
Motor freight garaging and maintenance (4222) C p
Airport fields and terminals (4311~4314) p
Aircraft storage and equipment maintenance (4315) p
Automobile parking lots, garages (SLUC 46) p p p p
Telephone exchange stations, microwave towers (471) C C C C C C p C p C
Radio and television broadcasting stations (475) C p p
Radio and 'J!V transmitting stations and tow-era {4732) C C C C C C p C p
Other conm:iunication facilities C C C
Electric generation plants, utility aubat.ations C p C
Utility storage yards p
water treatment plants C p p p
Wastewater treatment planta C p C C
Solid waste disposal sites (SLUC 485} C C
otheJ: utility facilities C C C C C C C p
WHOLESALE {SLUC 51)
Electrical goods {516} p p
Hardware, plumbing, heating, and supplies {517} p p
26
I.AND USE SCHEDULE Page 3
LAND USE DISTRICT
LDR LDRl MOR HOR PO C'.9D mm NBD l AO OS
Drugs and druggists $upplies (5121)
Farm products, grain (5152)
Professional equipment and supplies (5183}
Dry goods and apparel (513}
Petroleum hulk and stations and teoninals (5192)
Scrap and waste materials {junkyards} {5193}
Recycling centers entirely enclosed in buildings
All Other$
RETAIL ~
Lumber yards and building materials {SLUC 521)
Heating and plumbing equipment (SLUC 522}
Paint, glassr wallpaper (523}
Electrical supplies {524)
Hardware (5251)
Fann equipment (5252}
General merchandise {department., variety., etc.} (53)
G~eries and other food stores (54)
Sea$onal food sales (roadside stands)
Convenience stores
Motor vehicles (551)
Tires, batteries, accessories {552}
Gasoline service stations {553}
Apparel and accessories {56)
FUrniture and hOme furnishings (57)
Restaurants (581}
Prug stores (591)
Pharmacies
Shopping centers, including malls
Other retail stores (59)
SERVICES
Finance, real estate, and insurance services (SLUC 61)
Personal services
Laundry services {6211, 6212, 6213, 6215}
Lao.ndry and dry-cleaning, self Se.t'Vice (6;?14)
Photographic studios {622}
Beauty and barber shops {623)
Funeral and crematory services (624)
Laundry pick-up, ab.oe repair, alteration (625)
Other personal $e,rvicea
Business services (SLUC 63)
Credit and collection services (632)
Photocopying, blueprinting, and stenogi:aphic services
27
p
p
p
p
C
p
p
p
C
C
p
p
p
p
p
p p
C
p
C p
p
p
C p
p
C C p
p
p
C p
(633) C p
p
C
p
p
C
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
C
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
C
C
p
C
C
C
C
C
LAND USE SCBli,'DULE Page 4
LAND USE DISTRICT
LDR LDRl MDR .BDR PO CBD HBD NBD I AO OB
Eiuployment services (636}
Research, testing services {6391)
consulting services {6392)
Equipment rental and leasing services (6394}
Detective, protective services (6393)
Auto and truek rental services (6397}
other bu$ineos services
Warehousing and storage services (637}
Farm products warehOusing and storage (6371)
stockyards (6372}
Refrigerated warehousing (6373)
Food lockers;, (6374}
Household goods warehousing and storage (6375)
General warehousing and storage (6379}
Repair services (SLUC 64)
Automobile repair soxvices (6411}
Automobile wash services (6412)
Electrical repair services ( 6491)
Radio and teleViaion repair services {6492)
watch, clock, jewelry repair services (6493)
Reupholstery and furniture repair services (6496)
Professional services (65)
Physicians offices (6511)
Dental offices {6512)
Medical laboratory services (6514}
Dental laboratory services ( 6515)
Hospitals (6513)
out-patient medical services {6517}
Legal aarvicE!S (6520)
Engineering and architectural services (6591}
Edl.lcational and scientific research services (6592)
Aocounting and .bookkeeping services {6593}
Contract construction servi<:ea {SLUC 66}
Building contract.or oftices (6611)
Building cont~act.or storage yardt.. (6611)
Plmubing, heating, a;ir conditioning services (6621)
Painting, wall papering, decorating services {6622)
Electrical services {6623)
Masonry, stonework, and plastering services (6624)
carpentering, wood fiooring installation (6625)
Roofing and sheet metal services ( 6626)
Concrete services (6627)
Water well drilling services (6628)
Governmental services
Police protection {6721}
Postal service (673)
Fi:re protection (6722)
Municipal~ county offices (671)
C
28
C C C
C
C
C
C
C p
C p
p p
C
p
C
C
C
p
p
p
p
p p
p p
p p
p p
C
p p
p p
p p
C p
p p
p
p
p
p
p
C p
F
p
p
p
p
p
p
C
C
C
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
p
C
p
p
p
p
p
p
p
p
p
p
p
C
p
p
p
F
p
p
p
p
p
p
p
p
p
LAND USE SCHEDULE Page 5
LAND USE DISTRICT
LDR LDRl -BDR ro CBD llBD NBD I AD OB
Educational services
Nursery schools, day care centers {6811) C p p p p p
Schools {6812, 6813} C C C C C p
College buildings See Table 1. University Zone (U)
Vocational schools {6831) C C p p C
Business schools (6832) C p p
Barber and beauty schools (6833) C p p
Art and music schools {6834) C p p
Dancing achooJ.s (6835) C p p
Driving schools (6836) p p
Correspondence schools (6837) C p p p
Miscellaneous services (SLUC 69}
Churches, synagogues, temples {6911) C C C C C p
Welfare and charitable ser.ricea (6920) C C p p
Business associations {6991} p p p C
Prof.easional membership organizations (6992) C p p
Labor organizations {6993) p p C
Civic, social, and fraternal organizationis (6994) C p p
CULTURAL, EN'l'Em.'A!NMENT, AND RECREATIONAL
Cultural activities {SLUC 71}
Libraries (7111} C C C p p
Museums (7112) C C p p
Art galleries (7113) C p p
Public assembly (SLUC 72)
Motion picture theaters (7212} p p
Drive-in movies (7213) p
Auditoriums., legitimate theaters ( 7231, 7214) ? p
Stadiums, arenas, fieldhousea (7221~ 7222) C p
AnlU$ements { SLUC 73)
Fairgrounda {7311) C C p C C C
AmU$ement parks {7312} p
Arcades {7391} p p
Miniature golf (7392) p p C
Golf driving ranges {7393) p C p
Go-cart tracks, four-wheeler tracks (7394} C C C
Radio controlled airplanes C C p
Recreational activttiea (SLUC 74}
Golf course (7411) C C C C p
Golf course with country club (7412) C C C C C
'.t'ennis courts {7413) C C C p C p
Roller sk~ting (7415) p p
rce skating (7414) C C C p C p
Riding stables (7416} C C
Bowling {7417} p p
Skiing and tobogganing (7418) p C
Athletic fields (7423) C C C C p C
Recreation centers (7424} C p p
Athletic clubs and gymnasiums (7425) p p
29
LAND USE SCHEDULE Page 6
LAND USE DISTRICT
LDR LPR1 -IIDR PO CBD HBD NllD r ll<) OS
swimming pools {7432) C p p C
Campgrounds and travel recreation vehicle courts {7491) p C C
Parks, including playgrounds (7610) C C C C p C p
AGRICULTUR.E
Farming, fibers, grains, fruits, vegetable {811-814) p p p p p p p p
Farming, dairy {815} C
Farming, livestock (816) C
fanning, poultry {817) C
Agricultural processing {821) p
Small animal veterinarian services {totally enclosed) (8221) p p C
Large animal veterinarian services (8221) C
Horticultural services (8291) p C
Plant nurseries p C p C
Kennels C p
MINING
Sand, gravel pits C C
"""""" cemeteries C C C C C p p
Uses not related to above under SLUC codes C C C C
{l) The above table of land uses per:rnitted in each zone is based on the uses described in the Standard
Land Use Coding Manual, 1987 edition. A copy of the manual is available in the o.ffioe of the Clerk of the
City of Rexburg~
(2} Residential use:s by right in the cao, except for motels and hotels, are limited to the second floor
and above. Residential uses on the first floor are conditional uses.
{31 Manufactured homes on individual lots and not in mobile home parks sh.all meet the standards set
forth under Note 8 of Table 1, Land Use Table.
30
4.0 CHAPTER 4
SUPPLEMENTARY REGULATIONS
4.1 Applicability.
The regulations of this Chapter qualify or supplement the
regulations within zones appearing elsewhere in this Ordinance.
4.2 Yard Space for One Principal Building.
No two principal buildings may claim the same, or portions of
the same, lot area or width or required yard for the purposes
of compliance with this Ordinance.
4,3 Sale of Lots Below Minimum Space Requirements.
A parcel of land which has less than the minimum width or
area requirements for the zone in which it is located shall
not be separated from a larger parcel of land for the purpose
of immediate or future building or development as a lot.
See section 8-8 of this Ordinance.
4~4 Accessory Buildings.
Accessory buildings shall not be placed in the front yard.
Accessory buildings larger than one hundred twenty square feet
shall meet the same side yard requirements as principal buildings~
An accessory building or group of accessory buildings in any
residential zone shall not cover more than thirty percent of
the rear yard. Accessory buildings may be placed in any location
in the rear yard, unless the accessory building is a garage with
doors opening into the alley. such garages shall be located at
least fifteen feet from the alley.
4.5 Access to Public street Required.
All principal buildings shall be served by a public street.
Access to principal building only from an alley is
prohibited. All principal buildings must have adequate
access and frontage for police, fire, and emergency services.
4,6 Clear View of Intersecting streets.
For the purpose of insuring reasonable visibility and safety
in residential zones and other zones which require buildings
to be set back from the property 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) feet from the
intersection of such lot lines shall be free from any sight-
obscuring structure or obstruction except as permitted below.
Trees in such triangles shall be trimmed to at least
seven (7) feet above the centerline grades of the
intersecting streets. Shrubs, fences, and walls shall not be
higher than three (3) feet above the centerline grades of the
intersecting streets.
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4~7 Fencing and Screening Requirements~
Screening and fences within the City shall be constructed and
maintained in conformance with the following standards;
A. Screening Requirements.
1. Parking Areas. An effective buffer shall be
provided between parking areas for more than five
(5) vehicles and existing residential uses,
schools, hospitals, nursing homes and other
institutions for long-term human care. The buffer
shall consist of a minimum of a four (4) foot landscaped
strip to be planted with shade trees and low shrubs,
and/or a suitable fence otherwise in compliance with
this ordinance of sufficient heighth and density to
screen the two parcels, as specified by the Planning
and Zoning Commission. (Amended the 20th day of
October, 1993; Ordinance No. 753.)
2. Commercial/Industrial Uses. Where a
commercial or industrial use adjoins residential
uses, residential zones, or undeveloped land shown
as residential 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. The yard shall be planted with a
combination of shade trees, low shrubs, and ground
cover, and/or a suitable fence otherwise in compliance
with this ordinance of sufficient heighth and density
to screen the two parcels, as specified by the Planning
and Zoning Commission." ( Amended the 20th day of
October, 1993; Ordinance No. 753.)
3. High Density Residential Uses. Where a lot in
the HDR district adjoins a lot in the LDR, LDRl, or
MDR district or unincorporated land designated as
single family in the Comprehensive Plan, a seven
(7) foot wide landscaped buffer shall be provided
on said property line. The buffer shall consist of
ground cover and trees. The trees shall be planted
at forty foot intervals.
When a public street is located between the front
lot line of the HDR zone and the single family
zone, a landscaped buffer seven (7) feet wide shall
be constructed and maintained on the front lot
line. The buffer shall include trees and an
understory of shrubs. The landscaping shall be
planned and maintained so as not to violate Section
4-6 of this Ordinance.
4~ Open storage areas. Open storage areas in
HBD zones shall be screened from view of the
streets by structures or by a landscaped strips at
32
least seven (7) feet in width which may include a
fence or wall.
5. Swimming Pools. Unenclosed swimming pools
shall be surrounded by fences at least five (5)
feet in height. Any openings shall be equipped
with self-enclosing and self-latching devices.
6. Dog Runs ..
yards only and
residence.
Dog runs shall be placed in rear
shall be at least ten feet from any
B. Construction Requirements.
a. Frontages. The maximum height of any fence,
wall, or other sight obscuring object within
fifteen (15) feet of the public right-of-way shall
be three feet. Fences shall not be greater in
height than eight (8) feet.
b. Floodplain. No fence shall be constructed in
the floodway without the approval of the Planning
and Zoning commission.
c. Barbed Wire and Electric Fences. Barbed wire
and electric fences shall not be erected or
maintained within the City unless approved by the
Planning and zoning commission.
d. Maintenance. Fences shall be maintained in a
good state of repair.
e. Compliance with Section 4-6. The height
provisions of this section on fences shall not be
construed to permit any structure, fence, wall,
shrub, hedge, or sight obscuring object to exist in
violation of Section 4-6 of this Ordinance.
4.8 Parking of Vehicles in Residential Zones.
The purpose of this section is to protect and enhance
property values, to retain the open character of residential
zones, and to protect health and safety by regulating the
parking of vehicles within residential neighborhoods of the
City.
A. Parking of Recreational Vehicles. No person shall
park or allow the parking of any recreational vehicle in
the clear sight triangles required by section 4-6 of
this Ordinance. rn a residential zone, no person shall
park or allow the parking of any recreational vehicle in
any front yard or a side yard facing a public street for
a period of no more than four (4) consecutive days and
a cumulative total of (30) days in a calendar year."
(Amended the 20th day of october, 1993; Ordinance No. 753.)
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B. Parking of Automobiles. No person shall park or
allow the parking of any automobile, van, pickup truck,
or motorcycle in any front yard located in a residential
zone except in designated driveway. No more than thirty
percent (30%) of the front yard shall be covered with
concrete, asphalt, or gravel unless incorporated into
the landscaping. The operation of this section shall be
suspended during any period of a snow alert declared by
the Mayor.
C. Storage of Commercial Vehicles and Manufactured
Homes in Residential Zones. The storage of commercial
vehicles with a gross weight exceeding eight thousand
(8,000) pounds and construction equipment including but
not limited to bulldozers, graders, and cement mixers
shall not be permitted upon private property in any
residential zone except for a period not to exceed one
(l) year in which a building is being constructed
thereon. Unoccupied mobile homes and manufactured homes
shall not be stored upon private property in any
residential zones.
4.9 Exception to Setback Requirements.
When fifty (50) percent or more of the lots on the same
side of the street have been built, all buildings erected,
established, or rebuilt shall be in conformity with the
averaged setback of such buildings.
4.10 Home Occupations.
In order to provide for home occupations that are secondary
to the use of the premises as a residence and are compatible
with the quiet, peaceful nature of a residential neighborhood,
no home occupation shall be permitted without the prior issuance
of a conditional use permit or home occupation permit ae required
by the type of home occupation desired.
A. In all residential zones, home occupations in
compliance with the following regulations are permitted
as accessory uses. A home occupation which meets the
following conditions shall be issued a permit by the
City Clerk, upon application and payment of permit fee,
provided that the home occupation is conducted by the
applicant, who shall reside on the premises, and
provided the home occupation does not constitute a
significant impact on the neighborhood.
1. A home occupation shall be conducted entirely
within a dwelling and shall not occupy more than twenty
percent of the floor area of the residence.
2. There shall be no storage of equipment, vehicles,
or supplies associated with the home occupation outside
the dwelling.
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3. There shall be no display of products visible in
any manner from the outside of the dwelling.
4. There shall be no change in the outside appearance
of the dwelling or premises or any visible evidence of
the conduct of a home occupation.
5. No advertising signs shall be permitted.
6. No other than members of the immediate family
residing in the home shall be employed in the conduct
of a home occupation.
7. The use shall not create greater pedestrian or
vehicular traffic than normal for the neighborhood.
8. The use shall not require additional off-street
parking spaces for clients or customers of the home
occupation ..
9. No home occupation shall cause an increase in the
use of any one or more public utilities {water, sewer,
and garbage collection) so that the combined total use
for dwelling and home occupation purposes exceeds the
average for residences in the neighborhood.
10. The home occupation shall not involve the use of
commercial vehicles for delivery of materials to or from
the premises other than vans regularly involved in
commercial delivery such as United Parcel Service,
Federal Express, or the United States Postal Service.
The applicant may use his/her personal vehicle,
provided it does not exceed three quarter (3/4) ton, for
deliveries.
11. No motor power other than electrically operated
motors shall be used in connection with a home
occupation. Home occupations shall not involve the use
of electric motors of more than three (3) h.p.
12. No equipment or process shall be used in a home
occupation which creates noise, glare, vibration, or
fumes, or odor detectable to the normal senses off
the property.
13. No equipment or process shall be used which creates
visual or audible electrical interference in any radio
or television receiver off the premises or causes
fluctuations in line voltage off the premises.
14. No commercial telephone directory listing,
newspaper, radio, or television service shall be used to
advertise the location of a home occupation to the
35
general public.
15. Examples of home occupations permitted under this
section shall include but not be limited to painting,
sculpturing, writing, sewing and tailoring, individual
tutoring, computer programming, home crafts without on-
premise sales, secretarial service, telephone
solicitation work and answering services, and home
cooking, baking and preserving.
16. Under this section, a family child care may have up
to six children at any one time. The care of additional
children shall require a conditional use permit under
paragraph B. below.
17. If the home occupation is the type in which classes
are held or instruction is given to more than one person
at a time, there shall be no more than six students or
pupils in the dwelling unit or on the premises at any
one time. No more than two sessions shall be held
daily.
B. Home occupations which do not comply with the
regulations under subsection A above may be permitted in
all residential zones only if a conditional use permit
is secured pursuant to Section II, chapter 6.13. Such
home occupations shall comply with the following
regulations:
1. A home occupation which has a conditional use
permit shall be conducted entirely within the dwelling
or an accessory structure. More than the equivalent of
twenty-five percent of the floor area of the residence
shall not be associated with the home occupation.
2. There shall be no storage of equipment, vehicles,
or supplies associated with the home occupation outside
the dwelling or accessory building.
3. Unless permitted under the conditional use review
process, there shall be no sales of products or services
not produced on the premises.
4. There shall be no display of products visible in
any manner from the outside of the dwelling.
s. There shall be no visible evidence of the conduct
of the home occupation other than on (1) nonilluminating
sign not to exceed two (2) square feet in area mounted
flat against the dwelling.
6. No one other than the residents of the dwelling
shall be employed in the conduct of the home occupation.
36
4.11
7. The use shall not generate additional pedestrian or
vehicular traffic beyond that normal to the district in
which it is located.
s. The use shall not require more than two (2)
additional off-street parking spaces for clients or
customers of the home occupation~ such off-street
parking shall not be provided in the front yard unless
on an pad existing prior to commencement of the home
occupation.
9. No home occupation shall cause an increase in the
use of any one or more public utilities (water, sewer,
and garbage collection) so that the combined total
use for dwelling and home occupation purposes exceeds
the average for residences in the neighborhood.
10. The home occupation shall not involve the use of
commercial vehicles with more than six (6) wheels for
delivery of materials to or from the premises. such
deliveries shall be limited to five deliveries per week.
11. No home occupation shall be conducted between the
hours of 9:00 p.m. and 7:00 a.m.
12. No equipment or process shall be used in a home
occupation which creates noise, glare, vibration, fumes,
or odor detectable to the normal senses off the
property,
13. No equipment or process shall be used which creates
visual or audible electrical interference in any radio
or television receiver off the premises or causes
fluctuations in line voltage off the premises.
C. Violation of standards. If a home occupation
permittee violates any of the above standards as
applicable, the home occupation permit may be revoked
upon written notice to the applicant, and the conduct of
the home occupation shall cease. To contest the
revocation, the applicant shall appeal to the Planning
commission within fifteen (15) days of the date of the
written notice.
Manufactured homes.
New manufactured housing units are permitted in the llDR, LDRl
and MDR zone on individual lots under the following conditions,
(a) The home shall be at least twenty-four feet (24')
in width;
(b) It shall have a nonglare, wood shake, or asphalt
roof with a minimum slope of 3/12 and a minimum six
inch ( 6") eaves a
37
(c) The home shall have an exterior siding that is
residential in character, including but not limited
to clapboards, simulated clapboards such as
conventional vinyl or metal siding, wood shingles
or shakes, vertical wood siding, or similar
material. The siding shall not have a high gloss
finish and shall not be composed of smooth, ribbed,
or corrugated metal or plastic panels.
(d) The home shall be placed on permanent foundation
that complies with the Uniform Building code for
residential structures.
(e) The hitch, axles, and wheels must be removed, and
the foundation, and foundation fascia must be
similar in appearance and durability to the masonry
foundation of site built buildings.
Mobile homes and manufactured homes that do meet the
conditions immediately above are permitted in established or
approved mobile home courts and mobile home subdivisions.
38
5.0 CHAPTER 5
PARKING REGULATIONS
5.1 Off-Street Parking and Loading Spaces Required.
Except as provided in Section S-7, off-street and loading
spaces conforming to the provisions of this Ordinance
shall be provided in all districts when a building is
constructed, erected or enlarged, when the capacity of a
building or structure ie increased, or when the use of the
building or structure is changed and such change creates a
fifteen percent (15%) increase in parking required under
this Ordinance.
5.2 Distance for Private Off-Street Parking.
Required off-street parking shall be located within
two hundred feet (200') of the primary entrance of the
building.
5.3 Common Parking Facilities for Joint and Mixed Uses.
Joint or mixed use of parking facilities shall be permitted
as follows,
A. Mixed Uses: Total requirements for off-street
parking shall be the sum of the requirements for various
uses within the development or structure.
B. Joint Uses: The joint use of off-street parking
facilities is allowed provided:
(1) The applicant shows that there is no
substantial conflict in the principal operating
hours of the building, structure, or use for
which the joint use of parking facilities is
proposed;
(2) The parking facility for joint use is not
further than two hundred feet (200') from the
primary entrances of each use; and
(3) The parties concerned shall submit a written
agreement for such joint use approved by the City
Attorney as to form and content, and such
agreement, when approved, shall be recorded in the
County Recorder's Office.
5.4 Loading spaces.
In addition to off-street parking required herein, all commercial
and manufacturing uses in the HBD and I districts shall provide
adequate off-street loading and unloading areas. As a minimum,
any building over ten thousand square feet (10,000') shall provide
one off-street loading space which shall not measure less than
forty by twelve square feet (40' x 12') and shall have an
39
unobstructed height of fourteen feet six inches (14'x 6").
Such loading spaces shall be made permanently available for
loading and unloading and shall be surfaced with concrete or
asphalt. Additional spaces may be required by the City Engineer
or the Planning and Zoning Commission. Maneuvering for loading
and unloading on the public rights-of-way, excluding alleys,
shall be prohibited for all buildings constructed outside the
CBD district after the effective date of this Ordinance.
5.5 Parking Plan Required.
When a building or structure is constructed, erected or
enlarged, when the capacity of a building or structure
is increased, or when the use of a building or structure
is changed and such change creates an increase of fifteen
percent (15%) or more in off-street parking requirements,
a parking plan shall be submitted to and approved by the
City Engineer. The plan shall show all parking spaces and
their dimensions, access aisles, and entrances and exits to
the site. The parking plan may be combined with the landscape
plan required under Section 6-9. Parking provided shall conform
to the following standards:
A. Each required off-street parking space shall be at
least nine feet (9') in width and at least eighteen feet
(18') in length, exclusive of access drive and aisles.
Up to twenty-five percent (25%) of the spaces may be
allocated for compact cars with a minimum stall width of
eight feet (8') and length of fifteen feet (15').
Spaces for compact cars shall be signed or otherwise
designated and shall be located in rows separate from
parking for larger vehicles. For student housing, forty
percent (40%) of the parking areas may be allocated to
compact cars ..
B. All aisles designed for two-way circulation and all
aisles designed to serve ninety degree parking shall be
at least twenty-two feet (22') in width. Aisles
designed for one-way circulation shall be thirteen feet
(13') wide when serving thirty degree (30) parking,
fifteen feet (15') wide when serving forty-five degree
(45 ) parking, and eighteen feet (18') wide when serving
sixty degree (60) parking.
c. No parking area shall be designed to require the
use of the public right-of-way to travel from one
portion of the lot to another.
o. All parking areas shall be surfaced with asphalt or
concrete.
E. No parking spaces shall be located in the clear
sight triangle provided in section 4-6 or immediately
adjacent to an exit to a public right-of-way.
40
F. All lighting for parking areas shall be directed
and, when necessary, shielded so as not to produce
direct glare on adjacent properties.
G. No parking area, except those designed for single
family homes, shall be designed or constructed to create
a situation in which vehicles back into the public
right-of-way.
H, No access point from a parking area to any street
shall be within twenty feet (20') of a local street
intersection or alley~ No access point shall be within
forty feet (40') of an intersection with a collector
street or sixty feet (60') of an intersection with an
arterial street.
I. All parking areas for more than four (4) vehicles
shall dedicate the equivalent of ten percent (10%) of
the parking area to landscaping and snow storage. The
landscaping may be interior or may be peripheral. It
shall include groundcover and trees.
5.6 Location of Parking Areas.
In residential zones, required parking shall not be permitted in
the required front yard or the required side yard facing a public
street. Such yards shall be dedicated to landscaping and
driveways.
5.7 Required Parking for Land Uses.
The minimum number of parking spaces to be provided under this
Ordinance shall be as follows except in the parking overlay
districts:
5.8 TABLE 3. REQUIRED NUMBER OF SPACES.
Use
RESIDENTIAL
Single family dwellings
Multi-family dwellings
student housing
Multi-family dwellings for
the elderly
Nursing homes
Motels and hotels (transient
lodging)
Parking spaces
2 spaces per unit
2 spaces per unit
0.7 spaces per student
0.7 spaces per unit
0.25 per bed
1,00 per sleeping room
41
RETAIL TRADE
Building materials, hardware,
and farm equipment (SLUC 52)
General merchandise (SLUC 53)
Food (SLUC 54)
Automotive, marine craft,
aircraft, and accessories
(SLUC 551 and 559) (sales,
does not include repair garages)
Automotive, marine craft,
aircraft, and accessories
(SLUC 552 and 553) (sales
and service)
Furniture, home furnishings,
and equipment (SLUC 57)
Shopping centers -mixed uses
Under 200,000 square feet
over 200,000 square feet
Eating and drinking (SLUC 58)
SERVICES
Finance, insurance, real estate,
services (SLUC 61)
Personal services
Beauty and barber services
(SLUC 623)
All other (SLUC 62, except
623)
Business services (SLUC 63,
except 637)
Travel services (SLUC 4924)
1.00 per 1,000 square feet
gross floor area
4.00 per 1,000 square feet
gross floor area
3.00 per 1,000 square feet
gross floor area
1.00 per 1,000 square feet
gross floor area
3.00 per 1,000 square feet
gross floor area
1.00 per 1,000 square feet
gross floor area
4.00 per 1,000 square feet
gross floor area
5.00 per 1,000 square feet
gross floor area
1.00 per 4 seats or 8 feet
of bench
3.00 per 1,000 square feet
gross floor area
6.00 per 1,000 square feet
gross floor area
3.00 per 1,000 square feet
gross floor area
3.00 per 1,000 square feet
gross floor area
3.00 per 1,000 square feet
gross floor area
42
Professional services
Physician and dental
including out-patient services
(SLUC 6511, 6512, 6517)
s.oo per 1,000 square feet
gross floor area
Hospital services
(SLUC 6513)
All other medical
services and professional
services (SLUC 6514, 6515,
6519)
contract construction services
(SLUC 66)
Day care, preschool
Kindergarten, elementary, and
junior high schools
High schools and colleges
Religious facilities
Civic, social, fraternal
organizations
All other services
MANUFACTURING
All manufacturing
WHOLESALE TRADE
Wholesale trade and
warehousing
PUBLIC ASSEMBLY
Theaters, sports arenas,
and auditoriums
Indoor recreation facilities,
2.00 per bed
gross floor area
3.00 per 1,000 square feet
gross floor area
2.00 per l,000 square feet
gross floor area
2.00 per teacher on
largest shift
2.00 per classroom
1.00 per 4 persons (at
maximum capacity)
1.0 per 4 seats or 8 feet
of bench in main meeting
room
1.0 per 4 persons maximum
occupancy
3.00 per 1,000 square feet
gross floor area
1.2 per employee on
largest shift
2.00 per 1,000 feet gross
floor area
1.0 per 4 seats
4.00 per 1,000 square feet
43
skating rinks, dance halls,
game centers
Racketball, handball, and
tennis courts
Bowling alley
Health clubs and spas
OTHER USES NOT INCLUDED ABOVE
gross floor area
3.00 per court
7.00 per alley
5.00 per 1,000 square feet
gross floor area
To be determined by
Planning commission
5. 9 Regulations for Central Business District.
The purpose of this provision is to recognize the historical
pattern of development in the downtown area of the City and
to accommodate the need for new development in the downtown
area. Except for new residential uses, additional off-
street parking will not be required for new uses in the
Central Business District. Existing parking and loading
facilities shall not be reduced or removed from the CBD by
new or existing uses unless a variance is obtained from the
Planning commission or substitute off-street parking is
provided within two hundred feet (200') of the main entrance
of the use.
44
6.0 CHAPHR6
ADMINISTRATIVE PROCEDURES
6.1 Zoning Administrator.
There is hereby created the position of City of Rexburg Zoning
Administrator. The Zoning Administrator shall be appointed by
the Mayor and confirmed by the City Council, The Mayor may appoint
another officer of the City, including but not limited to the City
Clerk or the Building Inspector, to fulfill all or part of the
duties of the Zoning Administrator.
6.2 Duties of the Zoning Administrator.
The Zoning Administrator shall administer the provisions
of this Ordinance, provide assistance to and guidance to the
Commission and Council, and have the following duties:
1. Advise interested persons of the zoning Ordinance
provisions.
2. Notify the news media regarding matters of public
interest.
3. Aid and assist applicants in the preparation and
processing of applications.
4. Review and assist the Commission and council in
reviewing applications for home occupations, site plans,
variances, conditional use permits, rezoning requests,
and annexations.
5. In coordination with the Building Inspector, issue
certificates of occupancy.
6. Investigate violations of this ordinance and notify
in writing the person responsible for such violations,
ordering the action necessary to correct such violation.
6.3 Planning and zoning Commission.
There is hereby created a Planning and Zoning Commission.
The commission is referred to in this Ordinance as the
Co1X1mission. The Commission shall have the authority to
consider and recommend to the Council ordinances, amendments
thereto, and repeal of ordinances affecting zoning, planning,
and building within the City of Rexburg. The Commission
shall provide guidance and assistance to the Council, holding
public hearings as required by law; shall grant or deny
applications presented to the Commission; and shall make
timely recommendations to the Council in all matters relating
to this ordinance in which the Council has final decision
making powers. Any action taken by the commission which will
be final unless appealed may be reviewed and heard by the
Council when an appeal is not made but the council
determines, within twenty (20) days of commission action,
45
that there may be significant adverse impact as a result of
Commission action.
6.4 Duties of the Planning and Zoning Commission.
The Commission shall have the following duties as well as
such others prescribed by law or assigned by the council:
1. Review all proposed amendments to this Ordinance
and make recommendations to the council. Initiate
proposed amendments to this Ordinance.
2. Conduct a comprehensive planning process designed
to prepare, implement, and review and update a
comprehensive plan. Conduct a biennial review of this
Ordinance and its implementation of the Comprehensive
Plan.
3. Grant conditional use permits as specified in this
Ordinance and make recommendations to the Council on
those conditional use permits for which the council has
final decision making powers.
4. Grant variances as authorized by this Ordinance and
Idaho statues.
5. Complete site plan reviews as provided for in this
Ordinance.
6.5 Membership and Term of the commission.
The Commission shall consist of eight (8) members, who shall
be appointed by the Mayor and confirmed by the council. The
Mayor shall ask and receive names of persons to serve on the
Commission. The length of term is three years. The terms
shall be staggered. Seven of the members of the Commission
must have resided in Rexburg five (5) years prior to
appointment and must remain a resident of the City during
service on the Commission. one member shall be a resident of
Madison County. Vacancies occurring otherwise than through
the expiration of terms must be filled in the same manner as
the original appointment. A member appointed to fulfill an
unexpired term shall serve the remainder of the term~ Members
of the commission may be removed for good cause by a majority
vote of the full Council. Members of the Commission may
receive such mileage and per diem compensation as provided by
the council.
6.6 organization of the Commission.
The Commission shall elect a chairman and may create and
fill any other office it deems necessary, The Commission may
establish subcommittees, advisory committees or neighborhood
groups to advise and assist in carrying out its
responsibilities under this Ordinance. The Commission may
appoint nonvoting exofficio advisors as deemed necessary.
46
6.7 Meetings of the commission.
The Chair shall preside at all regular meetings of the
Commission which may be scheduled on the fourth Wednesday
of each month for no less than nine (9) months in a year.
All meetings and records shall be open to the public and
a record of all meetings, hearings, resolutions, studies,
findings, permits, recommendations, and actions shall be
maintained by the commission. A quorum of the commission
shall consist of five (5) members.
6.8 conflict of Interest.
A member of the commission shall not participate in any
proceeding or action when the member, his employer, business
partner, business associate, or any person related to him by
affinity or consanguinity within the second degree has an
economic interest in the procedure or action. An actual or
potential interest in any proceeding shall be disclosed at or
before any meeting at which the action is being heard or
considered. Such disclosure shall be recorded in the minutes.
6.9 Permits Required.
No person shall erect, construct, enlarge, alter, repair,
move, convert, or demolish any building, sidewalk, driveway,
carport, parking area or any other structure, without first
obtaining a zoning permit for each building, sidewalk, driveway,
carport, parking area or any other structure from the City. To
apply for a permit, the applicant shall file an application with
the Zoning Administrator.
To provide the information necessary to determine
compliance with the provisions of this Ordinance, the
application shall require the following:
1. Name, address, and phone number of applicant.
2. Name, address, and phone number of owner of the
property, if owner is not the applicant.
3. Legal description of the property.
4. Existing use.
5. Proposed use.
6. zoning district.
7. A site plan drawn to scale showing the actual
dimensions and the shape of the lot to be built upon;
the exact size and location of existing buildings on the
lot, if any; the exact location and dimensions of the
proposed building, sidewalk, driveway, carport, parking
area or any other structure or alteration; the location,
layout, and access of proposed on-site parking; and the
location and type of landscaping, fencing, and screening
47
proposed on the lot.
8. Building heights.
9. Number and dimensions of off-street parking spaces
and loading berths.
10. Proposed water and sewer facilities.
11. Existing and proposed easements.
13. Proposed storm drainage for multi-family and
commercial and industrial developments~
139 Such other matters as may be necessary to determine
compliance with City ordinances.
6.10 Certificate of Occupancy.
It shall be unlawful to use or occupy or permit the use or
occupancy of any building or premises, or both, or part
thereof hereafter created, erected, enlarged, changed,
converted, or wholly or partly altered or enlarged in its
use or structure until a Certificate of Occupancy has been
issued by the Building Official stating that the proposed
use of the building or land conforms to the requirements of
this Ordinance and with all conditional provisions that may
have been imposed.
6.11 Site Plan Review.
The Planning and Zoning Commission shall review the application
described in Section 6-9 above for any multi-family building or
development with four or more units. Within forty-five (45)
days after receipt of the application, the Commission shall
approve or disapprove the application as being in compliance
with the provisions of this Ordinance. If disapproved, the
Commission shall enumerate the provisions of this Ordinance
which have not been met by the application.
6.12 Variances.
The Planning and Zoning Commission may authorize variances or
modifications from the provisions of this Ordinance as to lot
size, lot coverage, width, depth, front yard, side yard, rear
yard, setbacks, parking spaces, height of buildings, or other
regulations of this Ordinance affecting the size and shape of a
structure or placement of a structure upon the lot, pursuant to
Idaho COde Section 67-6516.
A~ Required Findings. To approve a variance, the
commission must find, in writing, that the application
for a variance fulfills all of the following conditions:
(l) The need for a variance results from physical
limitations of the lot upon which the variance is
48
requested which are not generally applicable to
other properties in the same zone;
(2) Failure to approve a variance will result in
undue hardship;
(3) The alleged hardship has not been created by
the action of the applicant or the property owner;
and
(4) Approval of the variance is not in conflict
with public interest.
B~ Public Hearing~ Prior to granting a variance, at
least one public hearing shall be held to give
interested persona an opportunity to be heard.
At least fifteen (15) days prior to the hearing, notice
of the time and place and a summary of the request shall
be published in the official newspaper or paper of
general circulation within the jurisdiction of the CitY.
Written notice shall also be given to property owners
adjoining the parcel under consideration.
C. Supplementary Conditions and Safeguards. In
granting any appeal or variance, the Commission may
prescribe appropriate conditions and safeguards. The
Commission may not grant a variance to permit a use not
authorized under the terms of this Ordinance~
D. Action by the Commission. Within sixty (60) days
after the public hearing, the Commission shall either
approve, conditionally approve, or disapprove the
application for a variance. Upon granting or denying
the permit, the Commission shall specify:
(1) The provisions of this Ordinance and standards
used in evaluating the application.
(2) The reasons for approval or denial.
(3) The actions, if any, the applicant should
take to obtain a variance.
E. Appeals. The applicant or any affected person may
appeal the decision of the Commission to the Council by
submitting a written appeal to the City Clerk within
fifteen (15) days of the decision of the Commission.
F. Application for a Variance. In addition to the
information required under Section 6.9 above, the
Commission may also require a narrative statement
documenting that the request for a variance conforms to
the standards of Section 6.11.A. above.
49
6.13 Conditional Use Permits.
Pursuant to Idaho Code Section 67-6512, the Council and
Commission may issue conditional use permits. Prior to
issuing a conditional use permit, at least one public
hearing shall be held. At least fifteen (15) days prior
to the hearing, notice of the time and place and a summary
of the application shall be published in the official news-
paper or paper of general circulation with the City of Rexburg.
Notice shall be posted on the premises not less than one (l)
week prior to the hearing. Notice shall also be provided to
property owners within three hundred feet (300') of the boundaries
of the property and any others that the commission determines
shall be substantially impacted by the proposed development.
A. Application. In addition to the information
required under Section 6.9 above, the Administrator may
require a narrative statement discussing the general
compatibility of the proposed development with adjacent
properties and the neighborhood, the relationship of the
proposed use to the comprehensive plan, and the effects
of the following on the adjoining property, noise,
glare, traffic generated, vibration, odor, fumes,
drainage, building height and massing, and solid waste.
The Commission or council may require that the applicant
conduct studies of the social, economic, fiscal, and
environmental effects of the proposed use.
B. Standards Applicable to Conditional Use Permits.
The approving body shall review the particular facts and
circumstances of each proposed conditional use and shall
find adequate evidence to show that the proposed use
will,
(1) Constitute a conditional use as established in
Table 1, zoning Districts, and Table 2, Land Use
Schedule.
(2) Be in accordance with a specific or general
objective of the city's comprehensive plan and the
regulations of this Ordinance.
(3) Be designed and constructed in a manner to be
harmonious with the existing character of the
neighborhood and the zone in which the property is
located.
(4) Not create a nuisance or safety hazard for
neighboring properties in terms of excessive noise
or vibration, improperly directed glare or heat,
electrical interference, odors, dust or air
pollutants, solid waste generation and storage,
hazardous materials or waste, excessive traffic
generation, or interference with pedestrian
50
traffic.
(5) Be adequately served by essential public
facilities and services such as access streets,
police and fire protection, drainage structures,
refuse disposal, water and sewer service, and
schools. If existing facilities are not adequate,
the developer shall show that such facilities shall
be upgraded sufficiently to serve the proposed use.
(6) Not generate traffic in excess of the capacity
of public streets or access points serving the
proposed use and will assure adequate visibility at
traffic access points.
(7) Be effectively buffered to screen adjoining
properties from adverse impacts of noise, building
size and resulting shadow, traffic, and parking.
(8) Be compatible with the slope of the site and
the capacity of the soils and will not be in an
area of natural hazards unless suitably designed to
protect lives and property.
(9) Not result in the destruction, loss or damage
of a historic feature of significance to the
community of Rexburg.
C. Supplementary conditions and Safeguards. In
granting a conditional use permit, the approving body
may prescribe appropriate conditions and safeguards.
Such conditions to be attached to the permit may include
but not be limited to:
(1) Minimizing adverse impact on other
developments.
(2) Controlling the sequence and timing of
development.
(3) Controlling the duration of development.
(4) Assuring the development is properly
maintained.
(5) Designating the exact location and nature of
development.
(6) Requiring the provision for on-site or off-
site public facilities or services;
(7) Requiring more restrictive standards than
those generally required in this ordinance.
51
6.14
o. Action by the Commission/Council. Within sixty
(60) days after the public hearing, the approving body
shall either approve, conditionally approve, or
disapprove the application. Upon granting or denying
the permit, the approving body shall specify:
(1) The provisions of this Ordinance and standards
used in evaluating the application.
(2) The reasons for approval or denial.
(3) The actions, if any, the applicant should
take to obtain a conditional use permit.
E. Appeals. The applicant or any affected person may
appeal a final decision of the Commission on a
conditional use permit application to the Council by
submitting a written appeal to the City Clerk within
fifteen (15) days of the decision of the Commission.
Decisions of the council may be appealed as provided in
Idaho Code Section 67-6521.
F. Authority of Commission to Review Conditional Use
Permits. The Planning and Zoning Commission may,
without approval of the Council, grant the following
conditional use permits:
(l) Permits for parks.
(2) Permits for nursery schools, day care centers,
and primary and secondary schools.
(3) Permits for churches, synagogues, and temples.
(4) Permits for funeral and crematory services and
cemeteries.
(5) Permits for nursing homes and boarding houses.
(6) Permits for home occupations under section 4.lOB.
(7) Permits for developments with eight or less
dwelling units.
(8) Permits for government buildings.
All other conditional use permits may only be granted
after review and recommendation by the Commission and
approval by the City Council. The Commission and the
Council shall each hold a public hearing.
Amendments to this Ordinance.
The Council may, by ordinance, after receipt of recommendation
from the commission and subject to procedures provided by law,
52
amend, supplement, change, or repeal the regulations, restrictions
and boundaries or classification of property. Such amendments may
include text amendments or map revisions.
A. Initiation of Zoning Amendments. Amendments to
this Ordinance may be initiated in one of the following
ways:
(l) By adoption of a motion by the Commission.
(2) By adoption of a motion by the Council.
(3) By the filing of an application by a property
owner or authorized agent within the area proposed
to be changed by the amendment.
B. Application for Rezoning. In addition to the
information required under Section 6.9 above, the
applicant shall provide the Zoning Administrator with
the following information:
(1) Proposed zoning district.
(2) For map revisions, a vicinity map showing the
property lines, thoroughfares, existing and
proposed zoning, existing land uses.
(3) A statement on how the proposed amendment
relates to the comprehensive plan, availability
of public facilities, and compatibility with the
surrounding area and zoning~
C. Comprehensive Plan Amendment. If the request for
zoning amendment is not in accordance with the
comprehensive plan, the commission shall consider and
recommend and the council may adopt or reject an
amendment to the comprehensive plan after notice and
hearings as provided in section 67-6509, Idaho code.
D. Public Hearings. The Commission, prior to acting
on a request for an amendment, shall hold at least one
public hearing. At least fifteen (15) days prior to the
hearing, notice of the time and place and a summary of
the amendment shall be published in the official
newspaper or paper of general circulation within the
jurisdiction of Rexburg. If the amendment is a map
revision, additional notice shall be provided by mail to
property owners or purchasers of record of land within
three hundred feet (300') of the external boundaries of
land being considered. Notice shall also be posted on
the property to be rezoned not less than one (1) week
prior to the hearing.
When notice is required to two hundred (200) or more
53
property owners or residents, notice of the proposed
change and the hearing shall be published in the
official newspaper once a week for two (2) consecutive
weeks, with at least one of the publications being
fifteen (15) days prior to the date set for hearing an
the proposed change.
E. Recommendation of the Commission. Within sixty
(60) days of the public hearing, the commission shall
transmit its recommendation to the Council. The
Commission may recommend that the amendment be granted
as requested, that it be modified, or that it be denied.
In evaluating requests for amendments, the Commission
shall consider, in addition to conformance with the
comprehensive plan as required by Section 67-6511, Idaho
Code, the following:
(1) The capacity of existing public streets,
water and sewer facilities, storm drainage
facilities, solid waste collection and disposal,
and other utilities.
(2) The capacity of existing public services,
including but not limited to, public safety
services, public emergency services, schools,
and parks and recreational services.
(3) The potential for nuisances or health and
safety hazards that may adversely affect adjoining
properties.
(4) Recent changes in land use on adjoining
properties or in the neighborhood of the map
revision.
F. Action by Council. The Council, prior to action on
the amendment, shall hold one public hearing using the
same notice and hearing procedures as the Commission.
Upon granting, modifying, or denying a request for
amendment, the Council shall specify:
(1) The provisions of this Ordinance and the
comprehensive plan and other standards
used in evaluating the application.
(2) The reasons for approval or denial.
(3) The actions, if any, the applicant should
take to obtain an amendment of the Ordinance.
6.15 Hearing Proceduresa
The following shall be observed in the conduct of public hearings
before the Planning and Zoning commission and the council:
54
A. Each person testifying shall be asked to state
his/her name and address in such a manner as to assure
that it will be recorded by electronic means.
The Administrator may require that those who wish to
testify complete a sign-up sheet with name and address
prior to giving testimony.
B. No person shall be permitted to speak until such
person has been officially recognized by the presiding
officer.
c. All public hearings shall be recorded
electronically or stenographically and all persons
testifying shall speak in such a manner to assure that
the recorded testimony or remarks will be accurate and
trustworthy.
o. The hearing body may establish a time limit to be
observed by all speakers, depending upon the number of
those who wish to testify. Such a time limitation shall
apply to the speaker's comments.
E. At the conclusion of a speaker's comments,
each member of the hearing body may address questions to
the speaker. If a time limit has been set, such
questions and answers shall not be included in the time
limit.
F. The presiding officer may ask if any members of the
hearing body have a conflict of interest prior to the
conduct of the hearing and excuse those who have such a
conflict.
G. The presiding officer may note, prior to opening
the public hearing, that testimony should relate to
whether the proposal before the hearing body is in
accordance with the comprehensive plan, the zoning
ordinance, and other standards of the city.
H. The following are the steps in the hearing
procedure:
(1) The chairperson shall announce the purpose and
subject of the hearing.
(2) The chairperson may ask if any members have a
conflict of interest and wish to be excused from
this portion of the meeting.
(3) The chairperson shall ask the applicant to
explain the proposal being considered.
(4) Following the applicant's presentation, the
chairperson shall entertain questions from the
55
6.16
Commission members regarding the proposal.
(5) The chairperson shall ask for statements from
others in the audience.
(6) After each statement, the chairperson shall
ask for any questions from the Commission members~
(7) When all statements have been given, the
chairperson shall afford anyone who has previously
given a statement to speak in rebuttal or clarify
his/her earlier statement.
(8) After such rebuttal and clarification, the
chairperson shall close the public hearing and ask
for comments from the commission members. Such
discussion shall lead to action by the Commission.
Fees for permits issued under this ordinance and requests for
amendments to this Ordinance shall be set by the Mayor and
City Council by resolution.
56
7.0
7.1 Applicability.
CHAPTER 7
GENERAL PROVISIONS
The provisions of this Ordinance are applicable not only to
private persons, agencies and organizations but also to all
public agencies and organizations to the full extent that
they may be enforceable.
7.2 Effect of Previous Ordinances and Maps.
The existing ordinances covering the zoning of the property
within the limits of the City of Rexburg together with all
maps which are part of such ordinances are hereby superseded.
Any illegal or unauthorized use of land, buildings or
structures shall remain illegal and unauthorized unless
specifically authorized under this Ordinance.
7.3 Severability.
If any portion of this Ordinance or its application to specific
circumstances shall be held invalid by a court of competent
jurisdiction, the remainder of this Ordinance and its application
to other circumstances shall be unaffected.
7.4 Relationship to other laws.
If state or federal law or regulations or other City ordinances
impose additional or duplicative standards on developments or
buildings regulated by this Ordinance, the more restrictive
standard shall apply.
7.S Violation and Penalties.
Whenever a violation of this Ordinance occurs, or is alleged
to have occurred, any person may file a complaint with the Zoning
Administrator. The Administrator or his agent shall record
such complaint, investigate the same, and take such action or
cause such action to be taken as provided by this ordinance.
The City Attorney may, in addition to taking whatever
criminal action is deemed necessary, take steps to civilly
enjoin any violation of this Ordinance.
Any violation of the provisions of this ordinance or any
failure to comply with any of its requirements shall
constitute a misdemeanor. Each day such violation continues
beyond notice shall be considered a separate violation.
Any person convicted of violating any of the provisions
of this Ordinance shall be punishable by imprisonment for a
term not to exceed thirty (30) days, a fine not to exceed
three hundred dollars ($300.00), or by both such fine and
imprisonment.
57
8.0 CHAPTER 8
NONCONFORMING USES l\NO BUILDINGS
8.1 Purpose.
This Chapter describes the status of structures, parcels,
or uses of land that were lawful prior to the effective date
of this Ordinance but which are now prohibited or restricted.
8.2 continuance.
The occupancy of a building or parcel of land by a nonconforming
use existing at the effective date of this Ordinance may be
continued.
8.3 Change of Use.
The nonconforming use of a building or land may not be changed
except to a conforming use, and where such change is made, the
use shall not thereafter be changed back to a nonconforming use.
8.4 Maintenance and Repairs.
Maintenance and repairs necessary to keep nonconforming uses in
sound condition shall be permitted.
8.5 Expansion or Enlargement.
Land area of a nonconforming use shall not be increased by an
amount greater than fifteen percent (15%) of the acreage occupied
by the use on the effective date of this ordinance. The floor
area of a building or structure occupied by a nonconforming use
shall not be increased or expanded by an amount greater than
fifteen percent (15%) of the occupied floor area on the
effective date of this Ordinance.
8.6 Restoration.
A nonconforming structure or a structure occupied by a nonconforming
use which is damaged or destroyed by fire, flood, wind, earthquake,
or other calamity may be restored, provided such restoration begins
within one (l) year from the date of destruction and is
pursued diligently. such restoration shall not increase the
floor area or land area beyond the limits established in
Section 8~5 above.
8.7 Discontinuance.
Whenever a nonconforming use of land or building has been
discontinued for a period of one (1) year, such use shall not
be reestablished, and the uses of the premises thereafter shall
be in conformity with the regulations of the district.
8.8 Nonconforming Lots of Record.
Except as noted below, any single lot or parcel of land which
was of record in the Office of the Recorder of Madison county
at the time of the effective date of this Ordinance but does
not meet the requirements of the zoning district in which it is
located for minimum lot width and area may be utilized if all
other requirements of this Ordinance are met.
58
However, if two or more lots or combinations of lots and
portions of substandard lots with continuous frontage in
single ownership are of record on the effective date of this
Ordinance, and if all or part of the lots do not meet the
requirements for lot width or area of the district, the lands
involved shall be considered to be an undivided parcel for
purposes of this Ordinance. No portion of said parcel shall
be used which does not meet lot width and area requirements
established in the district nor shall any division of the
parcel be made which leaves remaining any lot with width or
area below those requirements stated for the district.
59
9.0 APPENDIX A
CITY OF REXBURG ZONING ORDINANCE
60
9.1 HOME OCCUPATIONS
The following are standards excerpted from Section 4-11 of
the Zoning Ordinance of the City of Rexburg,
1. A home occupation shall be conducted entirely
within a dwelling and shall not occupy more than twenty
percent of the floor area of the residence.
2. There shall be no storage of equipment, vehicles,
or supplies associated with the home occupation outside
the dwelling.
3. There shall be no display of products visible in
any manner from the outside of the dwelling.
4. There shall be no change in the outside appearance
of the dwelling or premises or any visible evidence of
the conduct of a home occupation.
5. No advertising signs shall be permitted.
6. No other residents of the dwelling shall be
employed in the conduct of a home occupation.
7. The use shall not create greater pedestrian or
vehicular traffic than normal for the neighborhood.
8. The use shall not require additional off-street
parking spaces for clients or customers of the home
occupation.
9. No home occupation shall cause an increase in the
uae of any one or more public utilities (water, sewer,
and garbage collection) so that the combined total use
for dwelling and home occupation purposes exceeds the
average for residences in the neighborhood.
10. The home occupation shall not involve the use of
commercial vehicles for delivery of materials to or from
the premises other than vans regularly involved in
commercial delivery such as United Parcel service,
Federal Express, or the United States Postal Service.
The applicant may use his/her personal vehicle,
provided it does not exceed three quarter (3/4) ton, for
deliveries.
11. No motor power other than electrically operated
motors shall be used in connection with a home
occupation. Home occupations shall not involve the use
of electric motors of more than three (3) h.p.
12. No equipment or process shall be used in a home
occupation which creates noise, glare, vibration, or
61
fumes, or odor detectable to the normal senses off
the property.
13. No equipment or process shall be used which creates
visual or audible electrical interference in any radio
or television receiver off the premises or causes
fluctuations in line voltage off the premises.
14. No commercial telephone directory listing,
newspaper, radio, or television service shall be used to
advertise the location of a home occupation to the
general public.
15. Examples of home occupations permitted under this
section shall include but not be limited to painting,
sculpturing, writing, sewing and tailoring, individual
tutoring, computer programming, home crafts without on-
premise sales, secretarial service, telephone
solicitation work and answering services, and home
cooking, baking and preserving.
16. Under this section, a family child care may have up
to six children at any one time. The care of additional
children shall require a conditional use permit under
chapter 6.13.
17. If the home occupation is the type in which classes
are held or instruction is given to more than one person
at a time, there shall be no more than six students or
pupils in the dwelling unit or on the premises at any
one time.
62
STATEMENT FOR HOME OCCUPATION CERTIFICATE
The undersigned applicant for a permit for a home
occupation states that he/she has read and is familiar with
the provisions of Section 4~11 of the Zoning Ordinance of
the City of Rexburg, Idaho, governing home occupations and
further understands that, if any of said requirements are
violated, the permit herewith applied for shall become null
and void.
Name of Applicant,
Address,
Type of business to be conducted on premises:
Hours of Operation:
Number of deliveries per week anticipated:
Type of delivery vehicle:
Signature of Applicant
Date
63
9.2 APPLICATION FOR VARIANCE
CITY OF REXBURG
APPLICANT:
Name
Address/P.O. Box
Zip Code _______ Phone ________________ _
OWNER: (Complete if owner not applicant)
Name
Street Address/P. o. Box -------------------
City State Phone
PROPERTY COVERED BY APPEAL:
Address (If different from applicant's address)
Legal description (Lot, Block, Addition, Division Number)
Zone property located in
NATURE OF REQUEST:
Request for variance from provisions of (Section of
Ordinance)
Explain why variance is required
Existing use of property:
Proposed use if different from existing: -----------
64
APPLICATION FOR VARIANCE Page 2
REQUIREMENTS FOR GRANTING VARIANCE:
The following conditions must be fulfilled before a variance
can be granted by the Planning Commission. Showing that a
variance is profitable or desirable for the owner and no harm
will be done to others is not sufficient. Below each
requirement explain why your request conforms:
1. The need for a variance results from physical
circumstances of the property. Such circumstances generally
include size, shape, topography, location, or surroundings of
the property and do not apply to other properties in the same
zone ..
2. Failure to obtain a variance will result in undue
hardship to the applicant.
3. The alleged hardship has not been created by the action
of the property owner or the applicant, e.g. applicant did
not reduce size of lot by prior sale.
4. Approval of the variance will not be in conflict with
the interest of the neighborhood or public interest in
general.
65
APPLICATION TO APPEAR
ATTACH PLOT PLAN AS REQUIRED BY SECTION 6.9
Signature of Applicant(e)
Date of Application __ / ___ / __ _
FOR OFFICE USE ONLY:
Page 3
FEE: _____ DATE PAID: ___ / ___ / __ _
PAID BY: Check# ____ Cash other ___ _
DATE OF NOTICE: __ / __ / __ HEARING: __ / __ / __
DECISION OF COMMISSION:
66
9.3 APPLICATION FOR CONDITIONAL USE PERMIT
CITY OF REXBURG
APPLICANT:
Name
Address/P.o. Box -----------------------
Zip Code _______ Phone
OWNER; (Complete if owner not applicant)
Name
street Address/P. O. Box
City State Phone
PROPERTY COVERED BY PERMIT;
Address (If different from applicant's address)
Legal description (Lot, Block, Addition, Division Number)
(If space not sufficient, attach additional sheet with legal)
Zone property located in
NATURE OF REQUEST:
Briefly explain the proposed use:
Existing use of property:
67
Application for Conditional Use Permit Page 2
REQUIREMENTS FOR GRllNTING CONDITIONl\L USE PERMIT:
The following information will assist the Commission and/or
City council to determine if your proposal will meet the
requirements under the zoning ordinance. Address the
following points as applicable on attached sheets.
1. What is the estimated water usage per month? Are the
existing mains adequate to provide fire protection?
2. What is the estimated sewage usage per month? Will
pretreatment be neceasaryi
3. What is the estimated daily traffic to be generated?
Will the traffic be primarily private vehicles or commercial
trucks?
44 If commercial, industrial, or a home occupation, what
will be the hours of operation?
5. Will stormwater drainage be retained on site? Is an
existing storm drain available? Is it at capacity? If so,
will new facilities be constructed?
6. If proposed use is residential, describe number and type
of dwelling units. Will this be student housing? Multi-
family for young families, singles and couples, or elderly?
7. What provision has been made for fire protection? Where
is the nearest fire hydrant? Is any point of the building
further than 150 feet from access sufficient in width for
fire fighting equipment?
8. How much parking is being provided on-site? Do the
aisle widths and access points comply with the ordinance
requirements? Has landscaping been provided in accordance
with the ordinance?
9. Where will solid waste generated be stored? Is access
adequate for the City collection?
10. What is the type of noise that will be generated by the
use? What are the hours of noise generation?
11. What type of equipment will be used in the conduct of
the business?
12. What are the surrounding land uses? Has buffering been
provided as required by the ordinance?
13. Are any air quality permits required? Is dirt or other
68
dust creating materials moved by open trucks or box cars?
14, Will the parking lots or other outdoor areas have
lighting?
15, Are passenger loading zones for such uses as daycare
centers and schools provided? How is busing routed? For
commercial uses, where are the loading docks? Is there
sufficient space for truck parking?
16. If a commercial, multi-family, or public assembly use,
where is the nearest collector street? Arterial street?
The Commission or council may address other points than those
discussed above, but a narrative addressing at least those
applicable points will assist in processing your application.
ATTACH A PLOT PLAN AS REQUIRED BY SECTION 6-9
Signature of Applicant
Date:
FOR OFFICE USE ONLY;
FEE: ____ DATE PAID; ___ / ___ / __ _
PAID BY: Check # ____ Cash Other
DATE OF NOTICE: __ / __ / __ HEARING: __ / __ / __
DECISION OF COMMISSION/COUNCIL:
69
9.4 APPLICATION FOR REZONING
CITY OF REXBURG
APPLICANT:
Name
Address/P.O. Box ------------------------
Zip Code _______ Phone
OWNER: (Complete if owner not applicant)
Name
Street Address/P. o. Box
City State
PROPERTY COVERED BY PERMIT:
Phone
Address (If different from applicant's address)
Legal description (Lot, Block, Addition, Division Number)
(If space not sufficient, attach additional sheet with legal)
Zone presently applicable:
Zone requested for property:
Existing use of property:
REQUIREMENTS FOR REZONING REQUEST:
The following information will assist the Commission and City
Council to determine if your proposal will meet the
requirements under the zoning ordinance. Address the
following points as applicable on attached sheets.
l. Is the rezoning request in accordance with the
comprehensive plan?
2. Are water and sewer facilities, fire and police, streets,
70
and schools presently serving the area? If they are, are they
adequate to serve any development under the proposed zoning?
If not, are measures being proposed to assure that public
facilities and services will be adequate to serve any new
development?
3. Is the site large enough to accommodate the proposed
uses, parking, and buffering required?
4. What are the surrounding land uses? What are the
existing uses presently permitted under the ordinance? Are
such uses compatible with neighboring properties?
5. Will the site as rezoned be compatible with the existing
uses? What provisions will be made by the developer to
assure compatibility?
7. Is the nature of the neighborhood changing? Is a
residential area converting to offices or commercial or is it
still a strong residential area? Will increased traffic
reduce the viability of existing uses?
8. Will all uses permitted within the zone be compatible
with the area?
The Commission or council may address other points than those
discussed above, but a narrative addresaing at least those
applicable points will assist in processing your application.
Signature of Applicant
Date:
FOR OFFICE USE ONLY:
FEE: ____ DATE PAID: __ / ___ / __ _
PAID BY: Check# ____ Cash other
DATE OF NOTICE: / __ / __ HEARING: __ / __ / __
DECISION OF COUNCIL:
71
Section III, In lieu of publishing the entire ordinance,
the City is authorized to publish a summary of the ordinance, which
summary shall be approved by the City council and is attached as
Exhibit 0 Iu hereto ..
Section IV. This ordinance shall take effect and be in
force from and after its passage and summary publication as required by
law ..
It was moved by Council Member Bruce Sutherland and
seconded by council Member Brad Liljenquist that ordinance 725
be passed.
The Clerk was then instructed to call the roll on the passage
of the ordinance and the roll call resulted as follows,
Those Voting Yea, Brad Liljenquist
Glen Pond
Darlene Peterson
Nyle Fullmer
Bruce Sutherland
Those Voting Nay, G, Farrell Young
Those Absent:
The ordinance was thereupon, by the Mayor, declared to
have been duly passed.
It was moved by Council Member Nyle Fullmer and seconded
by Council Member Brad Liljenquist that the Clerk of the City be
ordered to publish the summary of the ordinance in at least one (1)
issue of the Rexburg Standard Journal, the official newspaper of the
City.
Thereupon, the Clerk was ordered to call the roll on said
motion, which was as follows:
Those Voting Yea, Brad Liljenquist
G. Farrell Young
Glen Pond
Darlene Peterson
72
ATTEST:
(SEAL)
Nyle Fullmer
Bruce Sutherland
Those Voting Nay: None
Those Absent, None
The Mayor thereupon declared that the motion was duly carried.
PASSED AND APPROVED this 2nd day of October, 1991.
Nile ~oyle, iar
STATE OF IDAHO
:as
County of Madison
I, ROSE BAGLEY, 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 REPEALING ORDINANCES NO. 478 and 685,
ORDINANCES OF THE CITY OF REXBURG, IDAHO; ENACTING
A ZONING ORDINANCE FOR THE CITY OF REXBURG,
DIVIDING THE CITY INTO DISTRICTS IN ACCORDANCE
WITH THE REVISED COMPREHENSIVE PLAN; REGULATING AND
RESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZE OF
BUILDINGS AND OTHER STRUCTURES AND OBJECTS, THE
PERCENTAGE OF LOT THAT MAY BE OCCUPI~D BY
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN
SPACES, THE DENSITY OF POPULATION, LOCATION AND USE
OF BUILDINGS, STRUCTURES AND LAND FOR TRADE,
COMMERCE, INDUSTRY, RESIDENCE AND OTHER PURPOSES;
PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE
ORDINANCE; PROVIDING OR ENFORCEMENT OF THE
73
ORDINANCE; PROVIDING FOR EFFECTIVE DATE OF
ORDINANCE.
passed by the City Council and approved by the Mayor this 2nd day of
October, 1991.
(SEAL)
74