HomeMy WebLinkAboutChapter 3 ZONING DISTRICTSCity of Rexburg Development Code: Zoning Districts
CHAPTER 3: ZONING DISTRICTS
3.1 Establishment of Zones
3.2 Determination of District Boundaries
3.3 Lots Divided by District Boundaries
3.4 Low Density Residential 1 (LDR1)
3.5 Low Density Residential 2 (LDR2)
3.6 Low Density Residential 3 (LDR3)
3.7 Medium Density Residential 1 (MDR1)
3.8 Medium Density Residential 2 (MDR2)
3.9 High Density Residential 1 (HDR1)
3.10 High Density Residential 2 (HDR2)
3.11 Rural Residential 1 (RR1)
3.12 Rural Residential 1 (RR2)
3.13 Number Reserved
3.14 Mixed Use (MU)
3.15 Reserved
3.16 General Business District (GBD)
3.17 Central Business District (CBD)
3.18 Community Business Center (CBC) Zone
3.19 Regional Business Center (RBC) Zone
3.20 Light Industrial District (LI)
3.21 Heavy Industrial District (HI)
3.22 Sexually-Oriented Business Overlay (SOB)
3.23 Reserved
3.24 Technology and Office Zone (TOZ)
3.25 Public Facilities Zone (PF)
3.26 Open Space Zone (OS)
3.27 University District (UD)
3.28 Transitional Agricultural 1 (TAG1)
3.29 Transitional Agricultural 2 (TAG2)
3.30 Residential Business District (RBD)
3.31 Project Redevelopment Option (PRO)
3.1 Establishment of Zones
The boundaries and zoning classifications of districts are shown on the map entitled “Rexburg Zoning Map” which
map and all information shown thereon may from time to time be modified, and are by reference thereto 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
official Rexburg Zoning Map by the City of Rexburg Staff:
Residential Zones
(a) Low Density Residential 1 (LDR1)
(b) Low Density Residential 2 (LDR2)
(c) Low Density Residential 3 (LDR3)
(d) Medium Density Residential 1 (MDR1)
(e) Medium Density Residential 2 (MDR2)
(f) High Density Residential 1 (HDR1)
(g) High Density Residential 2 (HDR2)
(h) Rural Residential 1 (RR1)
(i) Rural Residential 2 (RR2)
Mixed Use Zone
(j) Mixed Use (MU)
Commercial District Zones
(k) General Business District (GBD)
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City of Rexburg Development Code: Zoning Districts
(l) Central Business District (CBD)
Highway Business District Zones
(m) Community Business Center (CBC)
(n) Regional Business Center (RBC)
(o) Light Industrial District (LI)
(p) Heavy Industrial District (HI)
Other Zones
(q) Sexually-Oriented Business Overlay Zone (SOB)
(r) Technology and Office Zone (TOZ)
(s) Airport District (AP)
(t) Public Facilities Zone (PF)
(u) Open Space Overlay (OS)
(v) University District (UD)
(w) Transitional Agricultural 1 (TAG1)
(x) Transitional Agricultural 2 (TAG2)
(y) Residential Business District (RBD)
(z) Project Redevelopment Option (PRO)
3.2 Determination of District Boundaries
Unless otherwise defined on the Rexburg Zoning Map, district boundaries are the quarter lines or center lines of ten
(10) acre blocks; platted lot lines; property lines; the center lines of streets, alleys, or railroad right-of-way (or such
lines extended); Government survey lines; municipal limit lines; or the center lines 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.
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City of Rexburg Development Code: LDR1
RESIDENTIAL ZONES
3.4 Low Density Residential 1 (LDR1)
3.4.010. Purposes and Objectives
3.4.020. Permitted Uses
3.4.030. Lot Area
3.4.040. Lot Width
3.4.045. Lot Depth
3.4.050. Lot Frontage
3.4.060. Prior Created Lots
3.4.070. Lot Configuration and Density
3.4.080. Yard Requirements
3.4.090. Setbacks and Rights-of-Way Exceptions
3.4.100. Building Height
3.4.110. Distance Between Buildings
3.4.120. Permissible Lot Coverage
3.4.130. Parking, Loading and Access
3.4.140. Project Plan Approval
3.4.150. Fencing and Screening
3.4.160. Other Requirements
3.4.010. Purposes and Objectives
The LDR1 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 building heights, ample setbacks and side yards, predominantly off street parking, low traffic volumes,
and low nuisance potentials.
3.4.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the
LDR1 zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, shall be permitted
in the LDR1 zone:
Permitted Uses
Single-family Dwelling - detached
Disabled Persons Residential Facility
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the LDR1 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such
permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
ii. Swimming pools.
iii. Vegetable and flower gardens and noncommercial orchards.
iv. Home occupations subject to the regulations of Section 4.10.A of the Rexburg Development Code.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
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City of Rexburg Development Code: LDR1
3.4.025. Conditional Uses
The following uses and structures may be permitted in the LDR1 zone only after a Conditional Use Permit has
been approved, and subject to the terms and conditions thereof.
Conditional Uses
Communications in accordance other applicable communications ordinances
Electricity Regulating Substations
Other Utility and Public Facilities
Schools
Hospitals
Churches, Synagogues, and Temples
Golf Courses
Athletic Fields
Recreation Centers
Parks, Playgrounds, and Skate Parks
Home Business regulated as per Section 4.10.B
3.4.030. Lot Area
The minimum area of any lot or parcel of land in the LDR1 zone is twelve thousand (12,000) sq. ft.
3.4.040. Lot Width
Each lot or parcel of land in the LDR1 zone shall have a width of not less than 80 ft.
3.4.045. Lot Depth
Minimum of 50 feet.
3.4.050. Lot Frontage
Each lot or parcel of land in the LDR1 zone shall abut a public street for a minimum distance of thirty-five (35) feet,
on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City
standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement. Private Drives are allowed as per review by the Community Development
Director or Designee.
3.4.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.4.070. Lot Configuration and Density
Not more than one (1) single-family dwelling may be placed on a lot or parcel of land in the LDR1 zone.
3.4.080. Yard Requirements
The following minimum yard requirements shall apply in the LDR1 zone:
a. Front/Rear Yard.
Each lot or parcel in the LDR1 zone shall have a minimum front yard of at least
twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven
(7) feet, in which case the front yard setback may be reduced to twenty (20) feet. The minimum depth of a
rear yard shall be twenty-five (25) feet.
b. Side Yard.
Each lot or parcel of land in the LDR1 zone shall have a side yard of at least seven and a half
(7-1/2) feet or six (6) inches of setback for every foot of building height, whichever is greater.
c. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
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City of Rexburg Development Code: LDR1
iii. Comply with the current Building Code of the City of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.4.090. Setbacks and Rights-of-Way Exceptions
a. Exceptions.
The following structures may be erected on or projected into any required setback or right-
of-way:
i. Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility service.
iv. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 (30) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
b. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.4.100. Building Height
No lot or parcel of land in the LDR1 zone shall have a building or structure which exceeds a maximum height of
thirty (30) feet, measured at the top of building’s horizontal wall. In no case shall the height of an accessory
structure exceed the height of any main structure on the same lot.
3.4.110. Distance Between Buildings
The distance between any accessory buildings and a dwelling shall not be less than six (6) feet.
3.4.120. Permissible Lot Coverage
a. Building Coverage.
In an LDR1 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area
of the lot or parcel of land.
b. Landscaping.
At least thirty (30) percent of the area of any lot shall be maintained in landscaping. On any
lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, fifty (50)
percent of a rear yard, and one hundred (100) percent of one (1) side yard.
3.4.130. Parking, Loading, and Access
a. Purpose of Parking Regulations.
To protect and enhance property value, to retain the open character of a
residential zone, and to protect health and safety by regulating the parking of vehicles within residential
neighborhoods of the City, the following standards shall apply in all LDR1 zones:
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i. No person shall park or allow the parking of any recreational vehicle in the clear sight triangles
required by Section 3.4.090 of this Ordinance. In a residential zone, no person shall park or allow the
parking of any recreational vehicle in any front yard which faces a public street for more than four (4)
consecutive days and a cumulative of thirty (30) days in a calendar year.
ii. No person shall park or allow the parking of any automobile, van, pickup truck, trailer, motorcycle or
other motor vehicle in any front yard located in a residential zone except in a designated driveway.
iii. 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 (1)
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.
iv. No person shall park any commercial vehicle having a gross weight exceeding eight thousand (8,000)
pounds, whether attended or unattended, upon the streets in any residential district within the City for a
period in excess of two (2) hours except for the purpose of loading and unloading passengers, materials
or merchandise; for any purpose incident to any lawful construction project located within the
immediate vicinity of such parked vehicles; or for any purpose incident to a lawful commercial
operation located in any residential district within the immediate vicinity of such parked vehicles.
v. No person shall park any inoperable vehicle, boat or trailer upon any street for a period of time longer
than four (4) consecutive days. Any such inoperable vehicle, boat or trailer moved from a parking spot
and re-parked on the same street block-face within twenty-four (24) hours from the time of said
removal shall be deemed to have been continuously parked for the purposes of this section.
3.4.140. Project Plan Approval
All projects constructed within the LDR1 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by the City of Rexburg Building Department. Drainage on to an adjacent lot
not owned by applicant is not allowed. All structures must comply with The Current Building Code of the City of
Rexburg, ID.
3.4.150. Fencing and Screening
Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the
following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. 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 five (5) foot wide landscaped strip to be planted with
one (1) tree of 2” caliper and five (5) low shrubs per thirty (30) lineal feet.
c. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six
(6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot.
All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and
Zoning Commission.
3.4.160. Other Requirements
a. Signs.
Unless otherwise prohibited by law, signs of the type and description listed below, but no others,
may be placed and maintained in the LDR1 zone.
i. Signs or name plates not exceeding two (2) square feet in area and displaying only the name and
address of the occupant.
ii. Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease,or
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City of Rexburg Development Code: LDR1
rent of the particular building, property, or premises upon which displayed, and no other.
iii. Signs or monuments identifying points of interest or sites of historic significance. The site, size, and design
of said signs or monuments shall be specifically approved by the City Planning and Zoning Commission.
iv. The assigned address of any City residence must be posted on the structure within 10 feet of the entrance
door facing street side. Said numbers must be readable from the street as determined by City Emergency
Services.
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City of Rexburg Development Code: LDR2
3.5 Low Density Residential 2 (LDR2)
3.5.010. Purposes and Objectives
3.5.020. Permitted Uses
3.5.030. Lot Area
3.5.040. Lot Width
3.5.045. Lot Depth
3.5.050. Lot Frontage
3.5.060. Prior Created Lots
3.5.070. Lot Configuration Density
3.5.080. Yard Requirements
3.5.090. Setbacks and Rights-of-Way Exceptions
3.5.100. Building Height
3.5.110. Distance Between Buildings
3.5.120. Permissible Lot Coverage
3.5.130. Parking, Loading and Access
3.5.140. Project Plan Approval
3.5.150. Fencing and Screening
3.5.160. Other Requirements
3.5.010. Purpose and Objectives
The LDR2 zone is established to protect stable neighborhoods of detached single-family dwellings on smaller lots.
The conditional uses allowed in this district shall be compatible 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, not to exceed more than one structure per lot (except detached
garages and other outbuildings).
3.5.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the LDR2 Zone.
b. Permitted Principal Uses.
“For Twin Homes and Duplexes, a review is required that addresses neighborhood
compatibility for parking, screening, lighting, landscaping or other concerns to be approved by the Community
Development Director or Designee.” The following principal uses and structures, and no others, shall be
permitted in the LDR2 zone:
Permitted Uses
Disabled Persons Residential facility
Manufactured housing units 24 feet or wider on a permanent foundation
Single-family dwelling- detached
Twin Homes and Duplexes
For Twin Homes and Duplexes, a review is required for Neighborhood Compatibility for Parking,
Screening, Lighting and Landscaping to be approved by staff.
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the LDR2 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
ii. Swimming pools.
iii. Vegetable and flower gardens and noncommercial orchards.
iv. Home Occupations subject to the regulations of Section 4.10.A.
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City of Rexburg Development Code: LDR2
v. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
3.5.25. Conditional Uses
The following uses and structures may be permitted in the LDR2 zone only after a
Conditional Use Permit has been approved, and subject to the terms and conditions thereof.
Conditional Uses
Assisted and Residential Care Facility
Athletic Fields
Cemeteries
Churches, Synagogues, Temples
Communications in accordance other applicable communications ordinances
Electricity Regulating Substations
Golf Course
Golf Course w/ Country Club
Home Business regulated as per Section 4.10.B
Hospitals
Ice Skating
Libraries
Nursery Schools
Other Utility and Public Facilities
Parks and Playgrounds Skate Parks
Pools
Recreation Centers
Residential Facility for Elderly Persons
Schools
Tennis Courts
3.5.030. Lot Area
The minimum area of any lot or parcel of land in the LDR2 zone is eight thousand (8,000) sq. ft. A duplex requires
a minimum 10,000 sq. ft. lot after it has been approved with a Conditional Use Permit (CUP). A twin home requires
two 5,000 sq. ft. lots after it has been approved with a CUP.
3.5.040. Lot Width
The minimum lot width in the LDR2 zone is fifty (50) feet. A twin home minimum lot width is sixty (60) feet
(combined for both lots).
3.5.045. Lot Depth
The minimum lot depth in the LDR2 zone is sixty (60) feet.
3.5.050. Lot Frontage
Each lot or parcel of land in the LDR2 zone shall abut a public street for a minimum distance of twenty (20) feet, on
a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards.
Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in
meeting this requirement. Private Drives are allowed as per review by the Community Development Director or
Designee.
3.5.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.5.070. Lot Configuration and Density
One (1) single-family dwelling may be placed on a lot or parcel of land in the LDR2 zone as a matter of right. A
duplex or twin home may be permitted in the LDR2 zones with a conditional use permit.
3.5.080. Yard Requirements
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City of Rexburg Development Code: LDR2
The following minimum yard requirements shall apply in the LDR2 zone:
a. Front/Rear Yard.
Each lot or parcel in the LDR2 zone shall have a minimum front yard of at least
twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven
(7) feet, in which case the front yard setback may be reduced to twenty (20) feet. The minimum depth of a
rear yard shall be twenty (20) feet.
b. Side Yard.
Each lot or parcel of land in the LDR2 zone shall have a side yard of at least five (5) feet
c. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the current Building Code of the City of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.5.090. Setbacks and Rights-of-Way Exceptions
a. Exceptions.
The following structures may be erected on or projected into any required setback or right-
of-way:
i. Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility service.
iv. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 (30) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard or rear yard no more than four (4) feet and into a minimum side yard not more than two (2) feet,
except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
foundation extension under 3’ in height
i. Cornices, eaves, belt courses, sills, buttresses, or other
similar architectural features.
and other similar structures
ii. Fireplace structures and bays provided they are not wider than eight (8)
feet and are generally parallel to the wall of which they are a part.
iii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes not exceeding thirty (30)
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City of Rexburg Development Code: LDR2
inches in height.
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features.
c. Box or Bay Windows.
Box or Bay Windows provided they are not wider than eight (8) feet may be
projected up to one (1’) foot in a front yard and up to two (2’) feet in a rear yard. No projection is allowed
in a required side yard.
d. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.5.100. Building Height
No lot or parcel of land in the LDR2 zone shall have a building or structure which exceeds a maximum height of
thirty (30) feet, measured at the top of building’s horizontal wall. In no case shall the height of an accessory
structure exceed the height of any main structure on the same lot.
3.5.110. Distance Between Buildings
The distance between any accessory building and a dwelling shall not be less than six (6) feet.
3.5.120. Permissible Lot Coverage
a. Building Coverage.
In an LDR2 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area
of the lot or parcel of land.
b. Landscaping.
At least thirty (30) percent of the area of any lot shall be maintained in landscaping. On any
lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, fifty (50)
percent of a rear yard, and one hundred (100) percent of one (1) side yard.
3.5.130. Parking, Loading and Access
a. Purpose of Parking Regulations.
To protect and enhance property value, to retain the open character of a
residential zone, and to protect health and safety by regulating the parking of vehicles within residential
neighborhoods of the City, the following standards shall apply in all LDR2 zones:
i. No person shall park or allow the parking of any recreational vehicle in the clear sight triangles
required by Section 3.5.090 of this Ordinance. In a residential zone, no person shall park or allow the
parking of any recreational vehicle in any front yard which faces a public street for more than four (4)
consecutive days and a cumulative of thirty (30) days in a calendar year.
ii. No person shall park or allow the parking of any automobile, van, pickup truck, trailer, motorcycle or
other motor vehicle in any front yard located in a residential zone except in a designated driveway.
iii. 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 (1)
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.
iv. No person shall park any commercial vehicle having a gross weight exceeding eight thousand (8,000)
pounds, whether attended or unattended, upon the streets in any residential district within the City for a
period in excess of two (2) hours except for the purpose of loading and unloading passengers, materials
or merchandise; for any purpose incident to any lawful construction project located within the
immediate vicinity of such parked vehicles; or for any purpose incident to a lawful commercial
operation located in any residential district within the immediate vicinity of such parked vehicles.
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City of Rexburg Development Code: LDR2
v. No person shall park any inoperable vehicle, boat or trailer upon any street for a period of time longer
than four (4) consecutive days. Any such inoperable vehicle, boat or trailer moved from a parking spot
and re-parked on the same street block-face within twenty-four (24) hours from the time of said
removal shall be deemed to have been continuously parked for the purposes of this section.
3.5.140. Project Plan Approval
All projects constructed within the LDR2 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Building Department. Drainage on to an adjacent lot not
owned by applicant is not allowed. All structures must comply with the current Building Code of the City of
Rexburg, ID.
3.5.150. Fencing and Screening
Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the
following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. 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 five (5) foot wide landscaped strip to be planted with one
(1) tree of 2” caliper and five (5) low shrubs per thirty (30) lineal foot
c. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six (6)
feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot. All other
fences shall not be greater in height than eight (8) feet unless approved by the Planning and Zoning
Commission.
3.5.160. Other Requirements
a. Signs.
Unless otherwise prohibited by law, signs of the type and description listed below, but no others,
may be placed and maintained in the LDR2 zone.
i. Signs or name plates not exceeding two (2) square feet in area and displaying only the name and
address of the occupant.
ii. Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease,
or rent of the particular building, property, or premises upon which displayed, and no other.
iii. Signs or monuments identifying points of interest or sites of historic significance. The site, size, and
design of said signs or monuments shall be specifically approved by the City Planning and Zoning
Commission.
iv. The assigned address of any City residence must be posted on the structure within 10 feet of the
entrance door facing street side. Said numbers must be readable from the street as determined by City
Emergency Services.
Page 32 of 352
City of Rexburg Development Code: LDR3
3.6 Low Density Residential 3 (LDR3)
3.6.010. Purposes and Objectives
3.6.020. Permitted Uses
3.6.030. Lot Area
3.6.040. Lot Width
3.6.045. Lot Depth
3.6.050. Lot Frontage
3.6.060. Prior Created Lots
3.6.070. Lot Configuration and Density
3.6.080. Yard Requirements
3.6.090. Setbacks and Rights-of-Way Exceptions
3.6.100. Building Height
3.6.110. Distance Between Buildings
3.6.120. Permissible Lot Coverage
3.6.130. Parking, Loading and Access
3.6.140. Project Plan Approval
3.6.150. Fencing and Screening
3.6.160. Other Requirements
3.6.010. Purposes and Objectives
The LDR3 zone is established to protect stable neighborhoods of detached single-family dwellings on smaller lots.
The conditional uses allowed in this district shall be compatible 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, not to exceed more than one structure per lot (except detached
garages and other outbuildings). The maximum density permitted in this district is eight (8) dwelling units per acre.
3.6.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the
LDR3 zone.
b. Permitted Principal Uses.
“For Twin Homes and Duplexes, a review is required that addresses
neighborhood compatibility for parking, screening, lighting, landscaping or other concerns to be approved
by the Community Development Director or Designee.” The following principal uses and structures, and
no others, shall be permitted in the LDR3 zone:
Permitted Uses
Disabled Persons Residential facility
Manufactured housing units 24 feet or wider on a permanent foundation.
Single-family dwelling- detached
Twin homes and duplexes
For Twin Homes and Duplexes, a review is required for Neighborhood Compatibility for Parking,
Screening, Lighting and Landscaping to be approved by the Community Development Director.
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the LDR3 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Such
permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
ii. Swimming pools.
iii. Vegetable and flower gardens and noncommercial orchards.
iv. Home occupations subject to the regulations of Section 4.10.A.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
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City of Rexburg Development Code: LDR3
provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
3.6.025. Conditional Uses
The following uses and structures may be permitted in the LDR3 zone only after a Conditional Use Permit has
been approved, and subject to the terms and conditions thereof.
Conditional Uses
Assisted and Residential Care Facility
Athletic Fields
Cemeteries
Churches, Synagogues, Temples
Communications in accordance other applicable communications ordinances
Electricity Regulating Substations
Golf Course
Golf Course w/ Country Club
Home Business regulated as per Section 4.10.B
Hospitals
Ice Skating
Libraries
Nursery Schools
Other Utility and Public Facilities
Parks and Playgrounds Skate Parks
Pools
Recreation Centers
Residential Facility for Elderly Persons
Schools
Tennis Courts
3.6.030. Lot Area
The minimum lot area on any parcel of land in the LDR3 zone is six thousand (6,000) sq. ft.A Duplex requires a
minimum 8,000 sq. ft. lot after it has been approved with a Conditional Use Permit (CUP). A Twin Home requires
two 4,000 sq. ft. lots after it has been approved with a CUP.
3.6.040. Lot Width
Each lot or parcel of land in the LDR3 zone, except corner lots, shall have a width of not less than fifty (50) feet. A
twin home minimum width is sixty (60) feet (combined for both lots).
3.6.045. Lot Depth
Each lot or parcel of land in the LDR3 zone, except corner lots, shall have a depth of not less than sixty (60) feet.
3.6.050. Lot Frontage
Each lot or parcel of land in the LDR3 zone shall abut a public street for a minimum distance of twenty (20) feet, on
a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards.
Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in
meeting this requirement. Private Drives are allowed as per review by the Community Development Director or
Designee.
3.6.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.6.070. Lot Configuration and Density
One (1) single-family dwelling may be placed on a lot or parcel of land in the LDR3 zone as a matter of right. Two-
family dwellings may be permitted in the LDR3 zones with a conditional use permit.
3.6.080. Yard Requirements
The following minimum yard requirements shall apply in the LDR3 zone:
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City of Rexburg Development Code: LDR3
a. Front/Rear Yard.
Each lot or parcel in the LDR3 zone shall have a minimum front yard of at least
twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven
(7) feet, in which case the front yard setback may be reduced to twenty (20) feet. The minimum depth of a
rear yard shall be twenty (20) feet.
b. Side Yard.
Each lot or parcel of land in the LDR3 zone shall have a side yard of at least five (5) feet.
c. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the latest Building Code of the City of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.6.090. Setbacks and Rights-of-Way Exceptions
a. Exceptions.
The following structures may be erected on or projected into any required setback or right-
of-way:
i. Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility service.
iv. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 (30) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard or rear yard no more than four (4) feet and into a minimum side yard not more than two (2) feet,
except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
foundation extension under 3’ in height
i. Cornices, eaves, belt courses, sills, buttresses, or other
similar architectural features.
and other similar structures
ii. Fireplace structures and bays provided they are not wider than eight (8)
feet and are generally parallel to the wall of which they are a part.
iii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not
exceeding thirty (30) inches in height.
Page 35 of 352
City of Rexburg Development Code: LDR3
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features.
c. Box or Bay Windows.
Box or Bay Windows provided they are not wider than eight (8) feet may be
projected up to one (1’) foot in a front yard and up to two (2’) feet in a rear yard. No projection is allowed
in a required side yard.
d. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.6.100. Building Height
No lot or parcel of land in the LDR3 zone shall have a building or structure which exceeds a maximum height of
thirty (30) feet, measured at the top of the building’s horizontal wall. In no case shall the height of an accessory
structure exceed the height of any main structure on the same lot.
3.6.110. Distance Between Buildings
The distance between any accessory building and a dwelling shall not be less than six (6) feet.
3.6.120. Permissible Lot Coverage
a. Building Coverage.
In an LDR3 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area
of the lot or parcel of land.
b. Landscaping.
At least twenty (20) percent of the area of any lot shall be maintained in landscaping. On
any lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, fifty (50)
percent of a rear yard, and one hundred (100) percent of one (1) side yard.
3.6.130. Parking, Loading and Access
a. Purpose of Parking Regulations.
To protect and enhance property value, to retain the open character of a
residential zone, and to protect health and safety by regulating the parking of vehicles within residential
neighborhoods of the City, the following standards shall apply in all LDR3 zones:
i. No person shall park or allow the parking of any recreational vehicle in the clear sight triangles
required by Section 3.4.090 of this Ordinance. In a residential zone, no person shall park or allow the
parking of any recreational vehicle in any front yard which faces a public street for more than four (4)
consecutive days and a cumulative of thirty (30) days in a calendar year.
ii. No person shall park or allow the parking of any automobile, van, pickup truck, trailer, motorcycle or
other motor vehicle in any front yard located in a residential zone except in a designated driveway.
iii. 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 (1)
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.
iv. No person shall park any commercial vehicle having a gross weight exceeding eight thousand (8,000)
pounds, whether attended or unattended, upon the streets in any residential district within the City for a
period in excess of two (2) hours except for the purpose of loading and unloading passengers, materials
or merchandise; for any purpose incident to any lawful construction project located within the
immediate vicinity of such parked vehicle; or for any purpose incident to a lawful commercial
operation located in any residential district within the immediate vicinity of such parked vehicle.
v. No person shall park any inoperable vehicle, boat or trailer upon any street for a period of time longer
than four (4) consecutive days. Any such inoperable vehicle, boat or trailer moved from a parking spot
and re-parked on the same street block-face within twenty-four (24) hours from the time of said
Page 36 of 352
City of Rexburg Development Code: LDR3
removal shall be deemed to have been continuously parked for the purposes of this section.
3.6.140. Project Plan Approval
All projects constructed within the LDR3 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Building Department. Drainage on to an adjacent lot not
owned by applicant is not allowed. All structures must comply with the current Building Code of the City of
Rexburg, ID
3.6.150. Fencing and Screening
Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the
following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. 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 five (5) foot wide landscaped strip to be planted with
one (1) tree of 2” caliper and five (5) low shrubs per thirty (30) lineal foot
c. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six
(6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot.
All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and
Zoning Commission.
3.6.160. Other Requirements
a. Signs.
Unless otherwise prohibited by law, signs of the type and description listed below, but no others,
may be placed and maintained in the LDR3 zone.
i. Signs or name plates not exceeding two (2) square feet in area and displaying only the name and
address of the occupant.
ii. Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease,
or rent of the particular building, property, or premises upon which displayed, and no other.
iii. Signs or monuments identifying points of interest or sites of historic significance. The site, size, and
design of said signs or monuments shall be specifically approved by the City Planning and Zoning
Commission.
iv. The assigned address of any City residence must be posted on the structure within 10 feet of the
entrance door facing street side. Said numbers must be readable from the street as determined by City
Emergency Services.
Page 37 of 352
City of Rexburg Development Code: MDR1
3.7 Medium Density Residential 1 (MDR1)
3.7.010. Purposes and Objectives
3.7.020. Permitted Uses
3.7.030. Lot Area
3.7.040. Lot Width
3.7.045. Lot Depth
3.7.050. Lot Frontage
3.7.060. Prior Created Lots
3.7.070. Lot Configuration and Density
3.7.080. Yard Requirements
3.7.090. Setbacks and Rights-of-Way Exceptions
3.7.100. Building Height
3.7.110. Distance Between Buildings
3.7.120. Permissible Lot Coverage
3.7.130. Parking, Loading and Access
3.7.140. Project Plan Approval
3.7.150. Fencing and Screening
3.7.160. Design Standards
3.7.170. Other Requirements
3.7.010. Purposes and Objectives
The MDR1 zone is established to protect stable neighborhoods of detached single-family dwellings on smaller lots
and multi-family housing. Restoration or rehabilitation of older homes in this district shall be 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 (16) dwelling units per acre.
For Infill/Redevelopment Projects (see definitions in Section 2.1) setbacks and buffering are increased as per
Section 4.16 Infill/Redevelopment Projects.
3.7.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the MDR1
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, shall be permitted
in the MDR1 zone:
Permitted Uses
Boarding Houses
Day Care Centers
Disabled Persons Residential facility
Manufactured housing units 24 feet or wider on a permanent foundation.
Multiple-family (up to 24 units per building)
Nursery Schools
Single-family dwelling – attached
Single-family dwelling- detached
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the MDR1 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
ii. Swimming pools.
Page 38 of 352
City of Rexburg Development Code: MDR1
iii. Vegetable and flower gardens and noncommercial orchards.
iv. Home occupations subject to the regulations of Section 4.10.A.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
3.7.025. Conditional Uses
The following uses and structures may be permitted in the MDR1 zone only after a Conditional Use Permit has been
approved, and subject to the terms and conditions thereof.
Conditional Uses
Assisted and Residential Care Facility
Athletic Fields
Bed and Breakfast Inn
Cemeteries
Churches, Synagogues, Temples
Communications in accordance other applicable communications ordinances
Dormitory Housing, Fraternity, Sorority
Electricity Regulating Substations
Golf Course
Golf Course w/ Country Club
Home Business regulated as per Section 4.10.B
Hospitals
Ice Skating
Libraries
Mobile Home Courts and Subdivisions
Other Utility and Public Facilities
Parks and Playgrounds Skate Parks
Pools
Recreation Centers
Residential Facility for Elderly Persons
Schools
Separate Parking Lots
Short Term Rental
Tennis Courts
3.7.030. Lot Area
The minimum lot area of any parcel of land in the MDR1 zone is four thousand, five hundred (4,500) sq. ft. for an
individual unit, six thousand (6000) sq. ft. for a duplex or twin home Under no circumstance will the density of
sixteen (16) units per acre be exceeded.
3.7.040. Lot Width
The minimum lot width in the MDR1 zone is sixty (60) feet except for a single home the minimum lot width is fifty
(50) feet.
3.7.045. Lot Depth
The minimum lot depth in the MDR1 zone is sixty (60) feet.
3.7.050. Lot Frontage
Each lot or parcel of land in the MDR1 zone shall abut a public street for a minimum distance of twenty-four (24)
feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City
standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement. Private Drives are allowed as per review by the Community Development
Director or Designee.
3.7.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
Page 39 of 352
City of Rexburg Development Code: MDR1
3.7.070. Lot Configuration and Density
All developments shall not exceed a density of sixteen (16) units per acre.
3.7.080. Yard Requirements
The following minimum yard requirements shall apply in the MDR1 zone:
a. Front/Rear Yard.
Each lot or parcel in the MDR1 zone shall have a minimum front yard of at least
twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven
(7) feet, in which case the front yard setback may be reduced to twenty (20) feet. If all parking spaces are
located behind the building, the front yard setback may be reduced to fifteen (15) feet. The minimum depth
of a rear yard shall be twenty (20) feet.
When a single family home is converted to a triplex or greater, or is converted to dormitory (non-single
family) housing, no parking spaces are permitted within the required front yard. However, an existing
driveway and two car garage, when combined, may provide up to four parking spaces per building. If no
garage is present, then all parking spaces must be located outside of the front yard setback. All other
parking areas that may be located within the front yard shall be removed and restored to landscaping prior
to the occupancy of the building. Driveway aisle widths shall be no wider than the City’s minimum aisle
width for two-way access when accessing rear or side yard parking lots.
b. Side Yard.
Each lot or parcel of land in the MDR1 zone shall have a side yard of at least six (6) feetor six
(6) inches of setback for every foot of building height, whichever is greater. However, a setback of ten (10)
feet shall be allowed within side yards that abut other MDR zones, HDR zones, commercial zones, or
mixed-use zones, regardless of building height.
c. Infill/Redevelopment Setbacks.
Setbacks are increased as per Section 4.16 Infill/Redevelopment Projects.
d. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the current adopted edition of the Building Code of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.7.090. Setbacks and Rights-of-Way Exceptions
a. Exceptions.
The following structures may be erected on or projected into any required setback or right-of-
way:
i. Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility service.
Page 40 of 352
City of Rexburg Development Code: MDR1
iv. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 (30) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard or rear yard no more than four (4) feet and into a minimum side yard not more than two (2) feet,
except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
foundation extension under 3’ in height
i. Cornices, eaves, belt courses, sills, buttresses, or other
similar architectural features.
and other similar structures
ii. Fireplace structures and bays provided they are not wider than eight (8)
feet and are generally parallel to the wall of which they are a part.
iii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes not exceeding thirty (30)
inches in height.
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features
c. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.7.100. Building Height
No lot or parcel of land in the MDR1 zone shall have a building or structure which exceeds a maximum height of
forty (40) feet measured at the top of building’s horizontal wall. If the development is adjacent to a Low Density
Residential Zone (LDR), the maximum building height (for buildings adjacent to the LDR zone) shall be no greater
than thirty (30) feet. In no case shall the height of an accessory structure exceed the height of any main structure on
the same lot. Gables and dormers are not included in height calculations unless their addition raises the overall peak
height.
3.7.110. Distance Between Buildings
The distance between any accessory building and a dwelling shall not be less than six (6) feet.
3.7.120. Permissible Lot Coverage
a. Building Coverage.
In an MDR1 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area
of the lot or parcel of land.
b. Landscaping.
At least thirty (30) percent of the area of any lot shall be maintained in landscaping. On any
lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, and one
hundred (100) percent of one (1) side yard.
3.7.130. Parking, Loading and Access
Parking shall be provided as per Chapter 5 Parking Regulation. Housing projects made up of twelve (12) or more
units will be required to demonstrate sidewalk access to the BYUI campus and to the nearest Substantial
Commercial Cluster (see definition).
Page 41 of 352
City of Rexburg Development Code: MDR1
3.7.140. Project Plan Approval.
All projects constructed within the MDR1 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Development Review Committee. Drainage on to an
adjacent lot not owned by applicant is not allowed. All structures must comply with the current Building Code of
Rexburg, ID.
3.7.150. Buffering, Fencing and Screening
Buffering, screening and fencing within the City of Rexburg shall be constructed and maintained in conformance
with the following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. 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 five (5) foot wide landscaped strip to be planted with
one (1) tree of 2” caliper and five (5) low shrubs per thirty (30) lineal foot.
c. Infill/Redevelopment Buffering.
Buffering is increased as per Section 4.16 Infill/Redevelopment Projects.
d. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six
(6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot.
All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and
Zoning Commission.
3.7.160. Design Standards
a. Purpose.
The architectural standards are intended to provide detailed, human-scale design, while affording
flexibility to use a variety of building styles.
b. Applicability.
This section applies to all of the following types of buildings, and shall be applied during
Site Plan Review described in Section 1.10:
i. All uses except Single Family Detached
c. Standards.
All buildings which are subject to this Section shall comply with all of the following
standards. Other building styles and designs can be used to comply, so long as they are consistent with the
text of this section. An architectural feature may be used to comply with more than one standard.
i. Building Form.
The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of
individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate
design features such as offsets, balconies, projections, window reveals, or similar elements to preclude
large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features
shall occur at a minimum of every fifty (50) feet, and on each floor shall contain at least two of the
following features:
1. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four
(4) feet;
2. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of
and/or
two (2) feet and runs horizontally for a minimum length of four (4) feet;
3. Offsets or breaks in roof elevation of two (2) feet or greater in height.
ii. Eyes on the Street.
All building elevations visible from a street right of way shall provide doors,
porches, balconies, and/or windows. A minimum of forty (40) percent of front (i.e., street-facing)
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City of Rexburg Development Code: MDR1
elevations, and a minimum of twenty (20) percent of side and rear building elevations, as applicable,
shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet)
containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other feature that
are part of the items making up the requirement shall be included in the measurement. The standard
applies to each full and partial building story.
iii. Detailed Design.
All buildings shall provide detailed design along all elevations (i.e., front, rear and
sides). Detailed design shall be provided by using at least two (2) of the following architectural
features on all elevations, as appropriate for the proposed building type and style (features may vary on
rear/side/front elevations):
a. Dormers
b. Gables
c. Recessed entries
d. Covered porch entries
e. Cupolas or towers
f. Pillars or posts
g. Off-sets in building face or roof (minimum sixteen (16) inches)
h. Bay windows, box windows and window trim (minimum four (4) inches wide)
i. Balconies
j. Decorative patterns on exterior finish
k. Decorative cornices and roof lines
l. Changes in exterior texture or color.
An alternative feature providing visualrelief, similar to previous options
3.7.170. Other Requirements
Commercial Lighting Standards are applicable as described in Section 4.14.
Page 43 of 352
City of Rexburg Development Code: MDR2
3.8 Medium Density Residential 2 (MDR2)
3.8.010. Purposes and Objectives
3.8.020. Permitted Uses
3.8.030. Lot Area
3.8.040. Lot Width
3.8.045. Lot Depth
3.8.050. Lot Frontage
3.8.060. Prior Created Lots
3.8.070. Lot Configuration and Density
3.8.080. Yard Requirements
3.8.090. Setbacks and Rights-of-Way Exceptions
3.8.100. Building Height
3.8.110. Distance Between Buildings
3.8.120. Permissible Lot Coverage
3.8.130. Parking, Loading and Access
3.8.140. Project Plan Approval
3.8.150. Fencing and Requirements
3.8.160. Design Standards
3.8.170. Other Requirements
3.8.010. Purposes and Objectives
The MDR2 zone is established to act as a buffer between single-family dwellings and non-single-family zones.
Restoration or rehabilitation of older homes in this district shall be encouraged. Up to twenty (20) units per acre
shall be allowed with an atmosphere consistent with low traffic volumes, ample off-street parking, and low nuisance
potentials than higher density zoning. Structures within this zone shall be allowed to have up to twenty-four (24)
dwelling units in any one structure, with maximum lot coverage of no more than eighty (80) percent. Setbacks and
minimum lot size requirements in MDR2 shall be the same as in MDR1.
For Infill/Redevelopment Projects (see definitions in Section 2.1) setbacks and buffering are increased as per
Section 4.16 Infill/Redevelopment Projects.
3.8.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the MDR2
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, shall be permitted
in the MDR2 zone:
Permitted Uses
Boarding House
Day Care Centers
Disabled Persons Residential facility
Limited Home Occupations
Manufactured housing units 24 feet or wider on a permanent foundation.
Multiple-family (up to 24 units per building)
Nursery Schools
Single-family dwelling - attached
Single-family dwelling- detached
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the MDR2 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
ii. Swimming pools.
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City of Rexburg Development Code: MDR2
iii. Vegetable and flower gardens and noncommercial orchards.
iv. Home occupations subject to the regulations of Chapter 4.10.A of the Rexburg Development Code.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
3.8.025. Conditional Uses
The following uses and structures may be permitted in the MDR2 zone only after a Conditional Use Permit
has been approved, and subject to the terms and conditions thereof.
Conditional Uses
Assisted and Residential Care Facility
Athletic Fields
Bed and Breakfast Inn
Cemeteries
Churches, Synagogues, Temples
Communications in accordance other applicable communications ordinances
Dormitory Housing, Fraternity, Sorority (with up to ten (10) dwelling units per building)
Electricity Regulating Substations
Golf Course
Golf Course w/ Country Club
Home Business regulated as per Section 4.10.B
Hospitals
Ice Skating
Libraries
Mobile Home Courts and Subdivisions
Other Utility and Public Facilities
Parks and Playgrounds Skate Parks
Pools
Recreation Centers
Residential Facility for Elderly Persons
Schools
Separate Parking Lots
Short Term Rental
Tennis Courts
3.8.030. Lot Area
The minimum lot area of any parcel of land in the MDR2 zone is four thousand, five hundred (4,500) square feet for
an individual unit, six thousand (6000) sq. ft. for a duplex or twin home. Under no circumstance will the density of
twenty (20) Units per acre be exceeded.
3.8.040. Lot Width
The minimum lot width in the MDR2 zone is sixty (60) ft.
3.8.045. Lot Depth
The minimum lot depth in the MDR2 zone is sixty (60) feet.
3.8.050. Lot Frontage
Each lot or parcel of land in the MDR 2 zone shall abut a public street for a minimum distance of twenty-four (24)
feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac approved to City
standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement. Private Drives are allowed as per review by the Community Development
Director or Designee.
3.8.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
Page 45 of 352
City of Rexburg Development Code: MDR2
3.8.070. Lot Configuration and Density
All development shall not exceed a density of twenty (20) units per acre.
3.8.080. Yard Requirements
The following minimum yard requirements shall apply in the MDR2 zone:
a. Front/Rear Yard.
Each lot or parcel in the MDR2 zone shall have a minimum front yard of at least
twenty-five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven
(7) feet, in which case the front yard setback may be reduced to twenty feet (20). The Planning and Zoning
Commission may allow a reduction of the front yard setback to fifteen (15) feet if all parking spaces are
located behind the building. The minimum depth of a rear yard shall be twenty (20) feet.
When a single family home is converted to a triplex or greater, or is converted to dormitory (non-family)
housing, no parking spaces are permitted within the required front yard. However, an existing driveway (no
greater than 20-feet in width) and two car garage, when combined, may provide up to four parking spaces per
building. If no garage is present, then all parking spaces must be located outside of the front yard setback. All
other parking areas that may be located within the front yard shall be removed and restored to landscaping prior
to the occupancy of the building. Driveway aisle widths shall be no wider than the City’s minimum aisle width
for two-way access when accessing rear or side yard parking lots.
b. Side Yard.
Each lot or parcel of land in the MDR2 zone shall have a side yard of not less than six (6) feet
or six (6) inches of setback for every foot of building height, whichever is greater. However, a setback of
ten (10) feet shall be allowed within side yards that abut other MDR zones, HDR zones, commercial zones,
or mixed-use zones, regardless of building height.
c.
Infill/Redevelopment Setbacks. Setbacks are increased as per Section 4.16 Infill/Redevelopment Projects.
d. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the latest and most current Building Code of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.8.090. Setbacks and Rights-of-Way Exceptions
a. Exceptions.
The following structures may be erected on or projected into any required setback or right-of-
way:
i. Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility service.
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City of Rexburg Development Code: MDR2
iv. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 (30) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard or rear yard no more than four (4) feet and into a minimum side yard not more than two (2) feet,
except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
foundation extension under 3’ in height
i. Cornices, eaves, belt courses, sills, buttresses, or other
similar architectural features.
and other similar structures
ii. Fireplace structures and bays provided they are not wider than eight (8)
feet and are generally parallel to the wall of which they are a part.
iii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes not exceeding thirty (30)
inches in height.
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features
c. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.8.100. Building Height
No lot or parcel of land in the MDR2 zone shall have a building or structure which exceeds a maximum height of
forty (40) feet, measured at the top of building’s horizontal wall. If the development is adjacent to a Low Density
Residential Zone (LDR), the maximum building height (for buildings adjacent to the LDR zone) shall be no greater
than thirty (30) feet. In no case shall the height of an accessory structure exceed the height of any main structure on
the same lot. Gables and dormers are not included in the height calculation unless their addition raises the overall
peak height of the building.
3.8.110. Distance Between Buildings
The distance between any accessory building and a dwelling shall not be less than six (6) feet.
3.8.120. Permissible Lot Coverage
a. Building Coverage.
In an MDR2 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than eighty (80) percent of the area of
the lot or parcel of land.
b. Landscaping.
At least fifty (20) percent of the area of any lot shall be maintained in landscaping. On any
lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, fifty (50)
percent of a rear yard, and one hundred (100) percent of one (1) side yard.
3.8.130. Parking, Loading and Access
Parking shall be required as per Chapter 5 Parking Regulation. Housing projects made up of twelve (12) or more
units will be required to demonstrate sidewalk access to the BYUI campus and to the nearest Substantial
Commercial Cluster (see definition).
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City of Rexburg Development Code: MDR2
3.8.140. Project Plan Approval
All projects constructed within the MDR2 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Development Review Committee. Drainage on to an
adjacent lot not owned by applicant is not allowed. All structures must comply with the most current Building Code
of Rexburg, ID.
3.8.150. Buffering, Fencing and Screening
Buffering, screening and fencing within the City of Rexburg shall be constructed and maintained in conformance
with the following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. 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 five (5) foot wide landscaped strip to be planted with
one (1) tree of 2” caliper and five (5) low shrubs per thirty (30) lineal foot
c. Infill/Redevelopment Buffering.
Buffering is increased as per Section 4.16 Infill/Redevelopment Projects
d. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six
(6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per linear foot.
All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and
Zoning Commission.
3.8.160. Design Standards
a. Purpose.
The architectural standards are intended to provide detailed, human-scale design, while affording
flexibility to use a variety of building styles.
b. Applicability.
This section applies to all of the following types of buildings, and shall be applied during
Site Plan Review described in Section 1.10:
i. All uses except Single Family Detached
c. Standards.
All buildings which are subject to this Section shall comply with all of the following
standards. Other building styles and designs can be used to comply, so long as they are consistent with the
text of this section. An architectural feature may be used to comply with more than one standard.
i. Building Form.
The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of
individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate
design features such as offsets, balconies, projections, window reveals, or similar elements to preclude
large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features
shall occur at a minimum of every fifty (50) feet, and on each floor shall contain at least two of the
following features:
1. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four
(4) feet;
2. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of
and/or
two (2) feet and runs horizontally for a minimum length of four (4) feet;
3. Offsets or breaks in roof elevation of two (2) feet or greater in height.
ii. Eyes on the Street.
All building elevations visible from a street right of way shall provide doors,
porches, balconies, and/or windows. A minimum of forty (40) percent of front (i.e., street-facing)
elevations, and a minimum of twenty (20) percent of side and rear building elevations, as applicable,
shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet)
containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other features that
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City of Rexburg Development Code: MDR2
are part of the items making up the requirement shall be included in the measurement. The standard
applies to each full and partial building story.
iii. Detailed Design.
All buildings shall provide detailed design along all elevations (i.e., front, rear and
sides). Detailed design shall be provided by using at least two (2) of the following architectural
features on all elevations, as appropriate for the proposed building type and style (features may vary on
rear/side/front elevations):
1. Dormers
2. Gables
3. Recessed entries
4. Covered porch entries
5. Cupolas or towers
6. Pillars or posts
7. Off-sets in building face or roof (minimum sixteen (16) inches)
8. Bay windows, box windows and window trim (minimum of 4 inches wide)
9. Balconies
10. Decorative patterns on exterior finish
11. Decorative cornices and roof lines
12. Changes in exterior texture or color.
13. An alternative feature providing visual relief, similar to previous options
3.8.170. Other Requirements
Commercial Lighting Standards are applicable as described in Section 4.14.
Page 49 of 352
City of Rexburg Development Code: HDR1
3.9 High Density Residential 1 (HDR1)
3.9.010. Purposes and Objectives
3.9.020. Permitted Uses
3.9.030. Lot Area
3.9.040. Lot Width
3.9.045. Lot Depth
3.9.050. Lot Frontage
3.9.060. Prior Created Lots
3.9.070. Lot Configuration and Density
3.9.080. Yard Requirements
3.9.090. Setbacks and Rights-of-Ways
3.9.100. Building Height
3.9.110. Distance Between Buildings
3.9.120. Permissible Lot Coverage
3.9.130. Parking, Loading and Access
3.9.140. Project Plan Approval
3.9.150. Fencing and Screening
3.9.160. Design Standards
3.9.170. Other Requirements
3.9.010. Purposes and Objectives
The HDR1 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, dormitory housing, ample off-
street parking, higher traffic volumes, proximity to BYUI and other traffic generators and low nuisance potential.
For Infill/Redevelopment Projects (see definitions in Section 2.1) setbacks and buffering are increased as per
Section 4.16 Infill/Redevelopment Projects.
3.9.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the HDR1
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, shall be permitted
in the HDR1 zone:
Permitted Uses
Assisted and Residential Care Facility
Bed and Breakfast Inn
Boarding House
Day Care Centers
Disabled Persons Residential facility
Mobile Home Courts and Subdivisions
Multi-Family Housing
Nursery Schools
Residential Facility for Elderly Persons
Short Term Rental
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the HDR1 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
ii. Swimming pools.
iii. Vegetable and flower gardens and noncommercial orchards.
Page 50 of 352
City of Rexburg Development Code: HDR1
iv. Home Occupations subject to the regulations of Section 4.10.A.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
3.9.025. Conditional Uses
The following uses and structures may be permitted in the HDR1 zone only after a Conditional Use Permit has been
approved, and subject to the terms and conditions thereof.
Conditional Uses
Athletic Fields
Automobile Parking Lots and Garages
Cemeteries
Churches, Synagogues, Temples
Communications in accordance other applicable communications ordinances
Dormitory Housing, Fraternity, Sorority
Electricity Regulating Substations
Golf Course
Golf Course w/ Country Club
Home Business regulated as per Section 4.10.B
Hospitals
Ice Skating
Libraries
Manufactured housing units 24 feet or wider on a permanent foundation.
Other Utility and Public Facilities
Other Utility Facilities
Parks and Playgrounds Skate Parks
Pools
Recreation Centers
Schools
Separate Parking Lots
Single-family dwelling – attached
Single-family dwelling- detached
Tennis Courts
3.9.030. Lot Area
The minimum lot area on any parcel of land in the HDR1 zone is six thousand (6,000) sq. ft., seven thousand, five
hundred (7500) sq. ft. for a triplex and nine thousand (9000) sq. ft. for a four-plex. Under no circumstance will the
density of thirty (30) Units per acre be exceeded.
3.9.040. Lot Width
The minimum lot width in the HDR1 zone is sixty (60) feet.
3.9.045. Lot Depth
The minimum lot depth in the HDR1 zone is sixty (60) feet.
3.9.050. Lot Frontage
The minimum frontage required on and HRD1 parcel is twenty-four (24) feet.
3.9.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.9.070. Lot Configuration and Density
Dwelling unit density shall not exceed thirty (30) units per acre, and shall comply with the lot area requirements of
Section 3.9.030. Pedestrian Emphasis District density is regulated by the University, the Building Code of Rexburg,
ID. and any requirements imposed as part of the required CUP.
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City of Rexburg Development Code: HDR1
3.9.080. Yard Requirements
The following minimum yard requirements shall apply in the HDR1 zone:
a. Front/Rear Yard.
Each lot or parcel in the HDR1 zone shall have a minimum front yard of at least
twenty-five (25) feet. Each lot or parcel shall have a minimum front yard of at least twenty-five (25) feet,
unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which case
the front yard setback may be reduced to twenty (20) feet and for parking lot front yard setbacks reduced to
ten (10) feet. The minimum depth of a rear yard shall be twenty (20) feet.
When a single family home is converted to a triplex or greater, or is converted to dormitory (non-family)
housing, no parking spaces are permitted within the required front yard. However, an existing driveway
(no greater than 20-feet in width) and garage, when combined, may provide up to four parking spaces per
building. If no garage is present, then all parking spaces must be located outside of the front yard setback.
All other parking areas that may be located within the front yard shall be removed and restored to
landscaping prior to the occupancy of the building. Driveway aisle widths shall be no wider than the City’s
minimum aisle width for two-way access when accessing rear or side yard parking lots.
b. Side Yard.
Each lot or parcel of land in the HDR1 zone shall have a side yard of at least six (6) feetor six
(6) inches of setback for every foot of building height, whichever is greater. However, a setback of ten (10)
feet shall be allowed within side yards that abut other HDR zones, MDR zones, commercial zones, or
mixed-use zones, regardless of building height.
c. Infill/Redevelopment Setbacks.
Setbacks are increased as per Section 4.16 Infill/Redevelopment
Projects.
d. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the current Building Code of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.9.090. Setbacks and Rights-of-Way Exceptions
a. Exceptions.
The following structures may be erected on or projected into any required setback or right-of-
way:
i. Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility service.
iv. Underground parking structures may be projected into any required setback if the structure is covered
by landscaping or grass and does not raise the grade of the yard by more than two (2) feet.
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City of Rexburg Development Code: HDR1
v. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 (30) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
vi. In the Pedestrian Emphasis District, the required front yard setbacks for buildings (not parking) may be
reduced up to fifteen feet (15’) by meeting the following requirements:
a. A minimum 8’ wide sidewalk is required parallel to any city street.
b. Street trees and other landscape amenities are required and include as a minimum the use of
2” caliper deciduous trees at a maximum of 20’ spacing in the landscape strip between the
curb and sidewalk. The space between the building and sidewalk shall be landscaped with
ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped look”.
The landscape strip and the front yard setback shall be planted with grass between the trees,
shrubs and other landscape features. An irrigation system is required and is the responsibility
of the property owner as is the maintenance of the landscaped areas.
c. The building shall be oriented toward the street with architecturally defined entrances; a
ground floor prominence; and elements that break up vertical and horizontal walls.
d. Section 3.9.090.vii.b is not allowed. Permitted Projections include balconies (no more than
three (3) foot extended from building), cornices, eaves, belt courses and sills.
e. There shall be a variety of openings and other features that enhance the buildings visual
interaction with the street. These features include doors, windows, balconies and/or other
items such as stoops, awnings, porches, dooryards, canopies, overhangs, recesses, etc. that in
combination enhance the human scale and pedestrian experience of the street. Balconies,
awnings, canopies and other structural elements may extend a maximum of three (3) feet into
the setback.
f. The first floor wall facing the right-of-way shall be faced with high quality materials (as
approved by Community Development Director or Designee).
g. Street lighting and utilities within the right of way must be installed as per the City
Engineering Standards.
h. Renderings identifying all of the above requirements and the Design Standards shall be
provided to city staff prior to the request for a building permit. The Community Development
Director or Designee will have authority to review the submittal and determine if it meets the
above requirements and spirit in which they were created. At request by applicant the City
Staff will have authority to over-rule the findings of the Community Development Director or
Designee.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard or rear yard no more than four (4) feet and into a minimum side yard not more than two (2) feet,
except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
foundation extension under 3’ in height
i. Cornices, eaves, belt courses, sills, buttresses, or other
similar architectural features.
and other similar structures
ii. Fireplace structures and bays provided they are not wider than eight (8)
feet and are generally parallel to the wall of which they are a part.
iii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes not exceeding thirty (30)
inches in height.
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features
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City of Rexburg Development Code: HDR1
c. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.9.100. Building Height
No lot or parcel of land in the HDR1 zone shall have a building or structure which exceeds a maximum height of
fifty-five (55) feet, measured at the top of building’s horizontal wall. An unroofed and unenclosed rooftop terrace,
an enclosed stairwell or elevator providing access to the roof, shall not be included in the measurement of total
building height. In no case shall the height of an accessory structure exceed the height of any main structure on the
same lot. Buildings or portions of buildings within fifty (50) feet of a residential zone other than HDR1, HDR2, and
mixed use zones shall be limited to a height of thirty-five (35) feet.
3.9.110. Distance Between Buildings
The distance between any accessory building and a dwelling shall not be less than six (6) feet.
3.9.120. Permissible Lot Coverage
a. Building Coverage.
In an HDR1 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than eighty (80) percent of the area of
the lot or parcel of land.
Landscaping.
At least twenty (20) percent of the area of any lot shall be maintained in landscaping. On any lot,
concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard and one hundred (100)
percent of one (1) side yard.
3.9.130. Parking Loading and Access
Parking is required as per Chapter 5 Parking Regulation. Housing projects made up of twelve (12) or more units
will be required to demonstrate sidewalk access to the BYUI campus and to the nearest Substantial Commercial
Cluster (see definition).
3.9.140. Project Plan Approval
All projects constructed within the HDR1 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Development Review Committee. Drainage on to an
adjacent lot not owned by applicant is not allowed. All structures must comply with the current Building Code of
Rexburg, ID.
3.9.150. Buffering, Fencing and Screening
Buffering screening and fencing within the City of Rexburg shall be constructed and maintained in conformance
with the following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. 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 five (5) foot wide landscaped strip to be planted with
one (1) tree and five (5) low shrubs per thirty (30) lineal foot
c. Infill/Redevelopment Buffering.
Buffering is increased as per Section 4.16 Infill/Redevelopment Projects
d. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six
(6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot.
All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and
Zoning Commission. A fence of at least six (6) feet in height shall be erected along all property lines
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City of Rexburg Development Code: HDR1
which lie adjacent to a residential or commercial zone.
3.9.160. Design Standards
a. Purpose.
The architectural standards are intended to provide detailed, human-scale design, while affording
flexibility to use a variety of building styles.
b. Applicability.
This section applies to all of the following types of buildings, and shall be applied during
Site Plan Review described in Section 1.10:
i. All uses except Single Family Detached
c. Standards.
All buildings which are subject to this Section shall comply with all of the following
standards. Other building styles and designs can be used to comply, so long as they are consistent with the
text of this section. An architectural feature may be used to comply with more than one standard.
Building Form.
i. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of
individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate
design features such as offsets, balconies, projections, window reveals, or similar elements to preclude
large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features
shall occur at a minimum of every fifty (50) feet, and on each floor shall contain at least two of the
following features:
a. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four
(4) feet;
b. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of
and/or
two (2) feet and runs horizontally for a minimum length of four (4) feet;
c. Offsets or breaks in roof elevation of two (2) feet or greater in height.
Eyes on the Street.
ii. All building elevations visible from a street right of way shall provide doors,
porches, balconies, and/or windows. A minimum of forty (40) percent of front (i.e., street-facing)
elevations, and a minimum of twenty (20) percent of side and rear building elevations, as applicable,
shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet)
containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other features that
are part of the items making up the requirement shall be included in the measurement. The standard
applies to each full and partial building story.
Detailed Design.
iii. All buildings shall provide detailed design along all elevations (i.e., front, rear and
sides). Detailed design shall be provided by using at least two (2) of the following architectural
features on all elevations, as appropriate for the proposed building type and style (features may vary on
rear/side/front elevations):
1. Dormers
2. Gables
3. Recessed entries
4. Covered porch entries
5. Cupolas or towers
6. Pillars or posts
7. Off-sets in building face or roof (minimum sixteen (16) inches)
8. Bay windows, box windows and window trim (minimum four (4) inches wide)
9. Balconies
10. Decorative patterns on exterior finish
11. Decorative cornices and roof lines
12. Changes in exterior texture or color.
13. An alternative feature providing visual relief, similar to previous options
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City of Rexburg Development Code: HDR1
3.9.170. Other Requirements
Commercial Lighting Standards are applicable as described in Section 4.14.
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City of Rexburg Development Code: HDR2
3.10 High Density Residential 2 (HDR2)
3.10.010. Purposes and Objectives
3.10.020. Permitted Uses
3.10.030. Lot Area
3.10.040. Lot Width
3.10.045. Lot Depth
3.10.050. Lot Frontage
3.10.060. Prior Created Lots
3.10.070. Lot Configuration and Density
3.10.080. Yard Requirements
3.10.090. Setbacks and Rights-of-Way Exceptions
3.10.100. Building Height
3.10.110. Distance Between Buildings
3.10.120. Permissible Lot Coverage
3.10.130. Parking, Loading and Access
3.10.140. Project Plan Approval
3.10.150. Fencing and Screening
3.10.160. Design Standards
3.10.170. Other Requirements
3.10.010. Purposes and Objectives
The HDR2 Zone is established for multiple family housing units which fill housing needs for families at affordable
rates. Construction willbe done in larger tracts of ground and owned in common as larger apartment complexes and
not sold as individual units. Maximum density is based upon bedroom capacities, as follows:
a. 1 bedroom units - Maximum units per acre - 42 units
b. 2 bedroom units - Maximum units per acre - 38 units
c.
3 bedroom units - Maximum units per acre - 34 units
For Infill/Redevelopment Projects (see definitions in Section 2.1) setbacks and buffering are increased as per
Section 4.16 Infill/Redevelopment Projects.
3.10.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the HDR2
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, shall be permitted
in the HDR2 zone:
Permitted Uses
Assisted and Residential Care Facility
Bed and Breakfast Inn
Boarding House
Day Care Centers
Disabled Persons Residential facility
Mobile Home Courts and Subdivisions
Multi-Family Dwellings
Nursery Schools
Residential Facility for Elderly Persons
Short Term Rental
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the HDR2 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
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City of Rexburg Development Code: HDR2
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
ii. Swimming pools.
iii. Vegetable and flower gardens and noncommercial orchards.
iv. Home Occupations subject to the regulations of Section 4.10.A.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
3.10.025. Conditional Uses
The following uses and structures may be permitted in the HDR2 zone only after a Conditional Use Permit has been
approved, and subject to the terms and conditions thereof.
Conditional Uses
Athletic Fields
Automobile parking lots and garages
Cemeteries
Churches, Synagogues, Temples
Communications in accordance other applicable communications ordinances
Dormitory Housing, Fraternity, Sorority
Electricity regulating substations
Golf Course
Golf Course w/ country club
Home Business regulated as per Section 4.10.B
Hospitals
Ice Skating
Libraries
Manufactured housing units 24 feet or wider on a permanent foundation
Other Utility and Public Facilities
Other Utility Facilities
Parks and playgrounds skate parks
Pools
Recreation Centers
Schools
Separate Parking Lots
Single-family dwelling – attached
Single-family dwelling - detached
Tennis Courts
3.10.030. Lot Area
Minimum acreage per development is one half (1/2) acre.
3.10.040. Lot Width
The minimum lot width in the HDR2 zone is two hundred (200) ft.
3.10.045. Lot Depth
The minimum lot depth in the HDR2 zone is sixty (60) feet.
3.10.050. Lot Frontage
Each lot or parcel of land in the HDR2 zone shall abut a public street for a distance of twenty-four (24) feet on a line
parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards.
Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in
meeting this requirement.
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City of Rexburg Development Code: HDR2
3.10.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.10.070. Lot Configuration and Density
Thirty-four (34) units per acre are allowed by right and up to forty-two (42) units per acre may be allowed with a
conditional use permit as described in the Purposes and Objectives section of this zone. Pedestrian Emphasis
District density is regulated by the University, the Building Code of Rexburg, ID and any requirements imposed as
part of the required CUP.
3.10.080. Yard Requirements
The following minimum yard requirements shall apply in the HDR2 zone:
a. Front/Rear Yard.
Each lot or parcel in the HDR2 zone shall have a minimum front yard of at least
twenty-five (25) feet. Each lot or parcel shall have a minimum front yard of at least twenty-five (25) feet,
unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet, in which case
the front yard setback may be reduced to twenty (20) feet and for parking lot front yard setbacks reduced to
ten (10) feet. Parking lot front yard setbacks are twenty (20) feet. The minimum depth of a rear yard shall
be twenty (20) feet.
When a single family home is converted to a triplex or greater, or is converted to dormitory (non-single
family) housing, no parking spaces are permitted within the required front yard. However, an existing
driveway (no greater than 20-feet in width and garage, when combined, may provide up to four parking
spaces per building. If no garage is present, then all parking spaces must be located outside of the front
yard setback. All other parking areas that may be located within the front yard shall be removed and
restored to landscaping prior to the occupancy of the building.
b. Side Yard.
Each lot or parcel of land in the HDR2 zone shall have a side yard of at least six (6) feetor six
(6) inches of setback for every foot of building height, whichever is greater. However, a setback of ten (10)
feet shall be allowed within side yards that abut other HDR zones, MDR zones, commercial zones, or
mixed-use zones, regardless of building height.
c. Infill/Redevelopment Setbacks.
Setbacks are increased as per Section 4.16 Infill/Redevelopment
Projects.
d. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the current Building Code of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
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City of Rexburg Development Code: HDR2
3.10.090. Setbacks and Rights-of-Way Exceptions
a. Expectations.
The following structures may be erected on or projected into any required setback or right-
of-way:
i. Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility service.
iv. Underground parking structures may be projected into any required setback if the structure is covered
by landscaping or grass and does not raise the grade of the yard by more than two (2) feet.
vii. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 (30) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
viii. In the Pedestrian Emphasis District, the required front yard setbacks for buildings (not parking) may be
reduced up to fifteen feet (15’) by meeting the following requirements:
a. A minimum 8’ wide sidewalk is required parallel to any city street.
b. Street trees and other landscape amenities are required and include as a minimum the use of 2”
caliper deciduous trees at a maximum of 20’ spacing in the landscape strip between the curb and
sidewalk. The space between the building and sidewalk shall be landscaped with ornamental trees,
shrubs, annual and perennial flowers to achieve a “fully landscaped look”. The landscape strip
and the front yard setback shall be planted with grass between the trees, shrubs and other
landscape features. An irrigation system is required and is the responsibility of the property owner
as is the maintenance of the landscaped areas.
c. The building shall be oriented toward the street with architecturally defined entrances; a ground
floor prominence; and elements that break up vertical and horizontal walls.
d. Section 3.9.090.vii.b is not allowed. Permitted Projections include balconies (no more than three
(3) foot extended from building), cornices, eaves, belt courses and sills.
e. There shall be a variety of openings and other features that enhance the buildings visual
interaction with the street. These features include doors, windows, balconies and/or other items
such as stoops, awnings, porches, dooryards, canopies, overhangs, recesses, etc. that in
combination enhance the human scale and pedestrian experience of the street. Balconies, awnings,
canopies and other structural elements may extend a maximum of three (3) feet into the setback.
f. The first floor wall facing the right-of-way shall be faced with high quality materials (as approved
by Community Development Director or Designee).
g. Street lighting and utilities within the right of way must be installed as per the City Engineering
Standards.
h. Renderings identifying all of the above requirements and the Design Standards shall be provided
to city staff prior to the request for a building permit. The Community Development Director or
Designee will have authority to review the submittal and determine if it meets the above
requirements and spirit in which they were created. At request by applicant the City Staff will
have authority to over-rule the findings of the Community Development Director or Designee.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard or rear yard no more than four (4) feet and into a minimum side yard not more than two (2) feet,
except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
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City of Rexburg Development Code: HDR2
foundation extension under 3’ in height
i. Cornices, eaves, belt courses, sills, buttresses, or other
similar architectural features.
and other similar structures
ii. Fireplace structures and bays provided they are not wider than eight (8)
feet and are generally parallel to the wall of which they are a part.
iii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes not exceeding thirty (30)
inches in height.
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features
c. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.10.100. Building Height
No lot or parcel of land in the HDR2 zone shall have a building or structure which exceeds a maximum height of
fifty-five (55) feet, measured at the top of building’s horizontal wall. An unroofed and unenclosed rooftop terrace,
an enclosed stairwell or elevator providing access to the roof, shall not be included in the measurement of total
building height. Buildings or portions of buildings within fifty (50) feet of a residential zone other than HDR1 and
HDR2 shall be limited to thirty-five (35) feet in. In no case shall the height of an accessory structure exceed the
height of any main structure on the same lot.
3.10.110. Distance Between Buildings
The distance between any accessory building and a dwelling shall not be less than six (6) feet.
3.10.120. Permissible Lot Coverage
a. Building Coverage.
In an HDR2 zone, all buildings, including accessory buildings and structures
(including impervious surfaces, e.g. driveways), shall not cover more than eighty (80) percent of the area of
the lot or parcel of land.
b. Landscaping.
At least twenty (20) percent of the area of any lot shall be maintained in landscaping. On
any lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard and one
hundred (100) percent of one (1) side yard.
3.10.130. Parking, Loading and Access
Parking is required as per Chapter 5 Parking Regulation. Housing projects made up of twelve (12) or more units
will be required to demonstrate sidewalk access to the BYUI campus and to the nearest Substantial Commercial
Cluster (see definition).
3.10.140. Project Plan Approval
All projects constructed within the HDR2 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Development Review Committee. Drainage on to an
adjacent lot not owned by applicant is not allowed. All structures must comply with the current Building Code of
Rexburg, ID.
3.10.150. Buffering, Fencing and Screening
Buffering, screening and fencing within the City of Rexburg shall be constructed and maintained in conformance
with the following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. Buffers.
Where a lot in the HDR1 or HDR2 zone adjoins a lot in the LDR1, LDR2, LDR3, MDR1, or
MDR2 zone, or an unincorporated lot 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 be planted with one
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City of Rexburg Development Code: HDR2
(1) tree of 2” caliper and five (5) low shrubs per thirty (30) lineal feet. The trees shall be planted at thirty
(30) foot intervals. When a public street is located between the front lot line of the HDR1 or HDR2 zone
and any single-family zone, a landscaped buffer seven (7) feet wide shall be constructed and maintained on
the front lot line. The buffer shall be planted with one (1) shade tree and five (5) low shrubs per thirty (30)
lineal feet. The landscaping shall be planned and maintained so as not to violate section 3.10.090.
c. Infill/Redevelopment Buffering.
Buffering is increased as per Section 4.16 Infill/Redevelopment Projects
d. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six
(6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot.
All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and
Zoning Commission.
3.10.160. Design Standards
a. Purpose.
The architectural standards are intended to provide detailed, human-scale design, while affording
flexibility to use a variety of building styles.
b. Applicability.
This section applies to all of the following types of buildings, and shall be applied during
Site Plan Review described in Section 1.10:
i. All uses except Single Family Detached
c. Standards.
All buildings which are subject to this Section shall comply with all of the following
standards. Other building styles and designs can be used to comply, so long as they are consistent with the
text of this section. An architectural feature may be used to comply with more than one standard.
i. Building Form.
The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of
individual buildings shall not exceed one hundred and sixty (160) feet. All buildings shall incorporate
design features such as offsets, balconies, projections, window reveals, or similar elements to preclude
large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features
shall occur at a minimum of every fifty (50) feet, and on each floor shall contain at least two of the
following features:
1. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four
(4) feet;
2. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of
and/or
two (2) feet and runs horizontally for a minimum length of four (4) feet;
3. Offsets or breaks in roof elevation of two (2) feet or greater in height.
ii. Eyes on the Street.
All building elevations visible from a street right of way shall provide doors,
porches, balconies, and/or windows. A minimum of forty (40) percent of front (i.e., street-facing)
elevations, and a minimum of twenty (20) percent of side and rear building elevations, as applicable,
shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet)
containing doors, porches, balconies, terraces and/or windows. Trim, shutters, and other features that
are part of the items making up the requirement shall be included in the measurement. The standard
applies to each full and partial building story.
iii. Detailed Design.
All buildings shall provide detailed design along all elevations (i.e., front, rear and
sides). Detailed design shall be provided by using at least two (2) of the following architectural
features on all elevations, as appropriate for the proposed building type and style (may vary features on
rear/side/front elevations):
1. Dormers
2. Gables
3. Recessed entries
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City of Rexburg Development Code: HDR2
4. Covered porch entries
5. Cupolas or towers
6. Pillars or posts
7. Off-sets in building face or roof (minimum sixteen (16) inches)
8. Bay windows, box windows and window trim (minimum four (4) inches wide)
9. Balconies
10. Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and
similar features)
11. Decorative cornices and roof lines (e.g., for flat roofs)
12. Changes in exterior texture or color.
13. An alternative feature providing visual relief, similar to previous options
3.10.170. Other Requirements
Commercial Lighting Standards are applicable as described in Section 4.14.
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City of Rexburg Development Code: RR1
3.11 Rural Residential 1 (RR1)
3.11.010. Purposes and Objectives
3.11.020. Permitted Uses
3.11.030. Lot Area
3.11.040. Lot Width
3.11.045. Lot Depth
3.11.050. Lot Frontage
3.11.060. Prior Created Lots
3.11.070. Lot Configuration and Density
3.11.080. Yard Requirements
3.11.090. Setbacks and Rights-of-Way Exceptions
3.11.100. Building Height
3.11.110. Distance Between Buildings
3.11.120. Permissible Lot Coverage
3.11.130. Parking, Loading and Access
3.11.140. Project Plan Approval
3.11.150. Fencing and Screening
3.11.160. Other Requirements
3.11.010. Purpose and Objectives
The RR1 zone is established to protect stable neighborhoods of detached family dwellings on lots of one acre or
more up to five (5) acres. Land in this zone is required to be relatively flat with a maximum slope of 3%. The
minimum lot width shall be 150 feet; the minimum front yard shall be sixty (60) feet from the property line or ninety
(90) feet from the center line of the road, whichever is greater; the minimum rear yard shall be thirty (30) feet from
the property line; and the minimum side yard shall be six inches for every foot of building height with a ten (10) foot
minimum. No structure shall be erected to a height greater than thirty (30) feet to eave height, measured from
natural grade at the building site. There can be only one single-family dwelling per lot. Household pets are allowed,
no more than two domestic livestock for each acre shall be allowed. Installation of curb and gutter or a drainage
facility approved in advance by the Planning and Zoning Commission shall be required. The maximum lot coverage
by buildings, including the dwelling, shall be fifty (50) percent.
3.11.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the RR1 zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, shall be permitted
in the RR1 zone:
Permitted Uses
Agriculture
Disabled Persons Residential facility
Manufactured housing units 24 feet or wider on a permanent foundation.
Single-family dwelling
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the RR1 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
ii. Swimming pools.
iii. Vegetable and flower gardens and noncommercial orchards.
iv. Home Occupations subject to the regulations of Section4.10. A.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
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provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
3.11.025. Conditional Uses
The following uses and structures may be permitted in the RR2 zone only after a Conditional Use Permit has been
approved, and subject to the terms and conditions thereof.
Conditional Uses
Accessory Apartment (Applicant to demonstrate the benefits and lack of impact)
Assisted and Residential Care Facility
Cemeteries
Churches, Synagogues, Temples
Communications in accordance other applicable communications ordinances
Day Care Centers
Electricity regulating substations
Home Business regulated as per Section 4.10.B
Ice Skating
Nursery Schools
Other Utility and Public Facilities
Parks and Playgrounds Skate Parks
Pools
Residential Facility for Elderly Persons
Schools
Tennis Courts
3.11.030. Lot Area
The minimum area of any lot or parcel of land in the RR1 zone is one (1) acre or more up to five (5) acres.
3.11.040. Lot Width
The minimum lot width in the RR1 zone is one hundred and fifty (150) feet.
3.11.045. Lot Depth
The minimum lot depth in the RR1 zone is one hundred (150) feet.
3.11.050. Lot Frontage
Each lot or parcel of land in the RR1zone shall abut a public street for a distance of thirty (30) feet on a line parallel
to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a
street end which does not have a cul-de-sac improved to City standards shall not be counted in meeting this
requirement.
3.11.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.11.070. Lot Configuration and Density
One (1) single-family dwelling may be placed on a lot or parcel of land in the RR1 zone as a matter of right.
3.11.080. Yard Requirements
The following minimum yard requirements shall apply in the RR1 zone:
a. Front/Rear Yard.
Each lot or parcel in the RR1 zone shall have a minimum front yard of at least forty
(40) feet from the front property line or seventy (70) feet from the centerline of the road, whichever is
greater. The minimum depth of a rear yard shall be twenty (30) feet.
b. Side Yard.
Each lot or parcel of land in the RR1 zone shall have a side yard of not less than ten (10) feet
or six (6) inches of setback for every foot of building height, whichever is greater.
c. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
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i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the latest current Building Code of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.11.090. Setbacks and Rights-of-Way Exceptions
a. Exceptions.
The following structures may be erected on or projected into any required setback or right-of-
way:
i. Fences and walls in conformance with the Rexburg City Code and all other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility.
iv. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 forty (40) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
b. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.11.100. Building Height
No lot or parcel of land in the RR1 zone shall have a building or structure which exceeds a maximum height of
twenty-five (25) feet, measured at the top of building’s horizontal wall.
3.11.110. Distance Between Buildings
The distance between any accessory building and a dwelling shall not be less than six (6) feet.
3.11.120. Permissible Lot Coverage
a. Building Coverage.
In an RR1 zone, all buildings, including accessory buildings and structures (including
impervious surfaces, e.g. driveways), shall not cover more than fifty (50) percent of the lot or parcel of
land.
3.11.130. Parking, Loading and Access
a. Requirements.
The Madison County Commission together with the Rexburg City Council shall designate
certain roads and Streets located within the area of city Impact as Direct Access Restricted Road. No lot or
parcel of ground adjoining such designated roads or streets shall have direct access to such road without the
prior approval of the Rexburg Planning and Zoning Commission. Access to and from said lots or parcels
shall be by roads, streets or frontage roads which have been approved by the Rexburg Planning and Zoning
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Commission. Said lots or parcels shall comply with the following requirements:
i. Such lots shall reverse frontage on the designated direct accesses restricted road.
ii. Such lots shall be buffered from the direct access restricted road by any effective combination of the
following: lot depth, earth berms, vegetation, walls or fences, and structural sound proofing.
iii. The minimum lot depth shall be two hundred (200) feet except where the use of berms, vegetation and
structures can be demonstrated to constitute an effective buffer for a dwelling on a lot less than two
hundred (200) feet in depth.
iv. Whenever practical existing roadside trees shall be saved and used in the arterial buffer.
v. Site plans, subdivision requirements, annexation and development agreement shall include provision
for installation and continued maintenance of all buffers and compliance with all city and county
ordinances applicable within the area of city impact.
3.11.140. Project Plan Approval
All projects constructed within the RR1 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Building Department. Drainage on to an adjacent lot not
owned by applicant is not allowed. All structures must comply with the current Building Code of Rexburg, ID.
3.11.150. Fencing and Screening
Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the
following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. 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 five (5) foot wide landscaped strip to be planted with
one (1) tree of 2” caliper and five (5) low shrubs per thirty (30) lineal foot
c. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six
(6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot.
All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and
Zoning Commission.
3.11.160. Other Requirements
Refer to Chapter 4 of this Code: Supplementary Regulations.
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City of Rexburg Development Code: RR2
3.12 Rural Residential (RR2)
3.12.010. Purposes and Objectives
3.12.020. Permitted Uses
3.12.030. Lot Area
3.12.040. Lot Width
3.12.045. Lot Depth
3.12.050. Lot Frontage
3.12.060. Prior Created Lots
3.12.070. Lot Configuration and Density
3.12.080. Yard Requirements
3.12.090. Setbacks and Rights-of-Way Exceptions
3.12.100. Building Height
3.12.110. Distance Between Buildings
3.12.120. Permissible Lot Coverage
3.12.130. Parking, Loading and Access
3.12.140. Project Plan Approval
3.12.150. Fencing and Screening
3.12.160. Other Requirements
3.12.010. Purpose and Objectives
The RR2 Zone is established to provide rural residential zoning for the development and protection of country
neighborhoods. Land in this zone is required to be relatively flat with a maximum slope of 3%. The minimum
development size for RR2 Zoning is on half (1/2) acre. This zoning may be applied in areas where traffic flow is
limited primarily to local area residents and where the expansion of transportation to areas adjacent to the zone is not
anticipated. The zone shall be characterized by single-family dwellings on lots of a minimum of 1/2 acre, ample off-
street parking and reflecting a rural isolated atmosphere.
An accessory apartment is allowed with a Conditional Use Permit. Neighborhoods with RR2 zoning conform to the
city typical road section for RR2 neighborhoods. Application of RR2 Zoning must be consistent with topography
where storm water runoff and erosion are not a problem. The City of Rexburg right of way width is a minimum of
sixty-eight (68) feet or as dictated by current road right-of-way policy. Two (2) dwelling units per net acre is the
maximum density permitted in RR2.
The RR2 zone is established to protect stable neighborhoods of detached single-family dwellings on half (1/2) acre
lots. The conditional uses allowed in this district shall be compatible with single-family homes on landscaped
lawns, low building heights, predominantly off-street parking, low traffic volumes, and low nuisance potential.
3.12.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the RR2 zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, shall be permitted
in the RR2 zone:
Permitted Uses
Accessory Building
Agriculture
Disabled Persons Residential facility
Manufactured housing units 24 feet or wider on a permanent foundation.
Single-family dwelling
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the RR2 zone provided they
are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with, and incidental to, a principal use or
structure.
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City of Rexburg Development Code: RR2
ii. Swimming pools.
iii. Vegetable and flower gardens and noncommercial orchards.
iv. Home occupations subject to the regulations of Section 4.10.A.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided, further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter.
3.12.025. Conditional Uses
The following uses and structures may be permitted in the RR2 zone only after a Conditional Use Permit
has been approved, and subject to the terms and conditions thereof.
Conditional Uses
Assisted and Residential Care Facility
Cemeteries
Churches, Synagogues, Temples
Communications in accordance other applicable communications ordinances
Day Care Centers
Electricity regulating substations
Home Business regulated as per Section 4.10.B
Ice Skating
Nursery Schools
Other Utility and Public Facilities
Parks and Playgrounds Skate Parks
Pools
Residential Facility for Elderly Persons
Schools
Tennis Courts
3.12.030. Lot Area
The minimum area of any lot or parcel of land in the RR2 zone is 21,780 sq. ft.
3.12.040. Lot Width
The minimum lot width in the RR2 zone is one hundred and twenty (120) feet.
3.12.045. Lot Depth
The minimum lot depth in the RR2 zone is one hundred and forty (140) feet.
3.12.050. Lot Frontage
Each lot or parcel of land in the RR2 zone shall abut a public street for a minimum distance of thirty (30) feet, on a
line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards.
Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be counted in
meeting this requirement.
3.12.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.12.070. Lot Configuration and Density
One (1) single-family dwelling may be placed on a lot or parcel of land in the RR2 zone as a matter of right.
3.12.080. Yard Requirements
The following minimum yard requirements shall apply in the RR2 zone:
a. Front/Rear Yard.
Each lot or parcel in the RR2 zone shall have a minimum front yard of at least twenty-
five (25) feet. The minimum depth of a rear yard shall be twenty (20) feet.
b. Side Yard.
Each lot or parcel of land in the RR2 zone shall have a side yard of at least six (6) feetor six
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City of Rexburg Development Code: RR2
(6) inches of setback for every foot of building height, whichever is greater.
c. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
Any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the latest current Building Code of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Accessory building shall not be placed in the front yard.
vi. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.12.090. Setbacks and Rights-of-Way Exceptions
a. Exceptions.
The following structures may be erected on or projected into any required setback or right-of-
way:
i. Fences and walls in conformance with the Rexburg City Code and other City codes or ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops and other plants.
iii. Necessary appurtenances for utility service.
iv. In all zones the area between the curb and gutter and the sidewalk is to be landscaped and maintained
by the adjacent property owner. For the purpose of insuring 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 (30) feet
from the intersection of such lot lines, shall be free from any sight obscuring structure or obstruction
except as permitted. Trees in such triangles shall be trimmed to at least ten (10) 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.
d. Additional Exception.
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 average setback of such
buildings. In all Residential Zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks a minimum of seven (7) feet behind the curb and gutter, where conditions permit.
3.12.100. Building Height
No lot or parcel of land in the RR2 zone shall have a building or structure which exceeds a maximum height of
twenty-five (25) feet, measured at the top of building’s horizontal wall. In no case shall the height of an accessory
structure exceed the height of any main structure on the same lot.
3.12.110. Distance Between Buildings
The distance between any accessory building and a dwelling shall not be less than six (6) feet. The distance between
buildings containing dwelling on the same lot shall not be less than ten (10) feet or as per the Building Code,
whichever is greater.
3.12.120. Permissible Lot Coverage
a. Building Coverage.
In an RR2 zone, all buildings, including accessory buildings and structures (including
impervious surfaces, e.g. driveways), shall not cover more than seventy (70) percent of the area of the lot or
parcel of land.
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City of Rexburg Development Code: RR2
b. Landscaping.
At least thirty (30) percent of the area of any lot shall be maintained in landscaping. On any
lot, concrete or asphaltic cement shall not cover more than forty (40) percent of a front yard, fifty (50)
percent of a rear yard, and one hundred (100) percent of one (1) side yard.
3.12.130. Parking, Loading and Access
a. Requirements.
The Madison County Commission together with the Rexburg City Council shall designate
certain roads and Streets located within the area of city Impact as Direct Access Restricted Road. No lot or
parcel of ground adjoining such designated roads or streets shall have direct access to such road without the
prior approval of the Rexburg Planning and Zoning Commission. Access to and from said lots or parcels
shall be by roads, streets or frontage roads which have been approved by the Rexburg Planning and Zoning
Commission. Said lots or parcels shall comply with the following requirements:
i. Such lots shall reverse frontage on the designated direct accesses restricted road.
ii. Such lots shall be buffered from the direct access restricted road by any effective combination of
the following: lot depth, earth berms, vegetation, walls or fences, and structural sound proofing.
iii. The minimum lot depth shall be two hundred (200) feet except where the use of berms, vegetation
and structures can be demonstrated to constitute an effective buffer for a dwelling on a lot less
than two hundred (200) feet in depth.
iv. Whenever practical existing roadside trees shall be saved and used in the arterial buffer.
v. Site plans, subdivision requirements, annexation and development agreement shall include
provision for installation and continued maintenance of all buffers and compliance with all city
and county ordinances applicable within the area of city impact.
3.12.140. Project Plan Approval
All projects constructed within the RR2 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Building Department. Drainage on to an adjacent lot not
owned by applicant is not allowed. All structures must comply with Building Code of Rexburg, ID.
3.12.150. Fencing and Screening
Screening and fencing within the City of Rexburg shall be constructed and maintained in conformance with the
following standards:
a. Highway 20 Corridor.
See Section 4.7.
b. 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 five (5) foot wide landscaped strip to be planted with
one (1) tree of 2” caliper and five (5) low shrubs per thirty (30) lineal foot
c. Fences.
The maximum height of any fence, wall, or sight obscuring objects within fifteen (15) feet of the
public right-of-way shall be three (3) feet. Fences will be allowed in excess of three (3) feet and up to six
(6) feet if constructed out of rigid materials and are fifty (50) percent or more see through per lineal foot.
All other fences shall not be greater in height than eight (8) feet unless approved by the Planning and
Zoning Commission.
3.12.160. Other Requirements
Refer to Chapter 4 of this Code: Supplementary Regulations.
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City of Rexburg Development Code: MU
MIXED USE ZONES
3.13 Mixed Use (Number Reserved)
3.14 Mixed Use (MU)
3.14.010. Purpose and Objectives
3.14.020. Permitted Uses
3.14.030. Minimum Mixed Use Percentages
3.14.040. Lot Area
3.14.050. Lot Width
3.14.060. Lot Depth
3.14.070. Lot Frontage
3.14.080. Prior Created Lots
3.14.090. Lot Configuration and Density
3.14.100. Yard Requirement
3.14.110. Projections into Yards
3.14.120. Building Height
3.14.130. Distance Between Buildings
3.14.140. Permissible Lot Coverage
3.14.150. Parking, Loading and Access
3.14.160. Design Standards
3.14.170. Other Development Standards
3.14.180. Reversion of Zoning
3.14.190. Lighting Standards
3.14.010. Purpose and Objectives
It is the purpose and intent of the moderate intensity mixed use ("MU") district to provide areas in which a variety of
housing types may exist among neighborhood-serving commercial and institutional uses. Mixed use projects are
encouraged, but stand-alone residential development is allowed. Higher residential densities are allowed with the
highest requiring a mixed use component. (See Section 3.14.030. below.)
The MU zone is intended and therefore shall only be applied to areas that are designated Neighborhood
Commercial/Mixed Use on the City’s Comprehensive Plan map. For land that is zoned MU, and is located within
the Pedestrian Emphasis District (PED): less parking and higher density for residential units are allowed as per the
definition of the Pedestrian Emphasis District found in Chapter 2.
For Infill/Redevelopment Projects (see definitions in Section 2.1) setbacks and buffering are increased as per
Section 4.16 Infill/Redevelopment Projects.
3.14.020. Permitted Uses
a. Categories.
Those uses or categories as listed herein, and no others, are permitted in the MU zone except
as otherwise stated.
b. Permitted Principal Uses.
In the moderate intensity mixed-use (MU) zone, residential, commercial, and
institutional uses may occupy the same building and lot. The permitted uses as defined below are required
to be used in combination of residential and commercial. Each building or project must have a minimum of
10% residential or commercial (including other uses as approved by the Community Development
ndnd
Director). MU is not allowed as a zone in any property facing Main Street Between the 2 West and 2
East. The following principal uses and structures, and no others, are permitted in the MU zone:
Permitted Uses
Advertising services (office only)
Apartments - low rise attached to commercial or other nonresidential use as a mixed-use project as set forth
in Rexburg City
Apparel and accessories
Athletic clubs, body building studios, Spas, aerobic centers, and gymnasiums
Bakeries and Doughnut Shops
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City of Rexburg Development Code: MU
Banks, insurance, and real estate (office only)
Beauty and Barber Shops
Bed and Breakfast Inn
Boarding Houses
Books, stationery, art, and hobby supplies
Bus transportation (Except bus garaging and equipment maintenance)
Business services (office and retail sales only)
Call Centers
Candy, Nut, and Confectionery
Churches, synagogues, temples, and missions
Combination utilities right-of-way (Identifies areas / where surface is devoted exclusively to right-
of-way activity)
Consumer credit services
Consumer credit services
Crematory
Cultural activities
Dancing Schools
Day Care Centers
Department stores (includes major and junior chain department stores)
Direct selling organization
Discount department stores
Drug and proprietary stores
Drug and Proprietary Stores
Duplicating, stenographic, and office services
Dwelling, janitorial, and other building services (office only)
Eating places (restaurants)
Educational services
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the
right-of-way of the activity)
Electrical appliance repair and service (no outside storage)
Employment services
Executive, legislative, and judicial functions
Florists
Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.)
Fruits and Vegetables
Funeral parlor (mortuary)
Furniture, home furnishings, and equipment (no combined warehousing)
Garden supplies (entirely within a building only)
Gas and electric utility company office
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-
way of the activity)
Gas pressure control stations
Gunsmiths
Hardware
Hotels
Ice dealers (automated machines or pick-up stations only)
Irrigation distribution channels
Jewelry
Libraries
Locksmiths and key shops
Mail and Phone order houses
Membership lodging
Merchandise vending machine operators
Miscellaneous business services (office only)
Miscellaneous retail food establishments
Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet
stores, and other similar retail stores)
Miscellaneous service organizations (office only)
Motor vehicle transportation
Multiple Family Dwellings, Apartments, and Dormitory Housing - up to 30-units per acre
Museums
News syndicate services (office only)
Nursery Schools
Other religions activities
Parking lot – automobile parking lot and garages (this does not include impound yards or long term
storage of autos, trucks, boats, vacation trailers, etc.)
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City of Rexburg Development Code: MU
Personal services - including photography, beauty and barber services, clothing repair, etc.
Photographic Services
Police Protection and Related Activities, Branch (office only)
Postal services
Prescription pharmacy (intended for the convenience of permitted establishments and/or clients
thereof, provided that no business occupies more than fifteen (15) percent of the total floor area of
the building in which it is located and has no separate entrance)
Pressing, Alteration and Garment Repair (no on-site dry cleaning)
Professional Services (Except behavior, drug and alcohol treatment; office only)
Protective functions and related activities
Reception Center
Refuse disposal company office
Religious quarters
Religious reading rooms
Residential facility for elderly persons
Residential facility for persons with a disability
Residential hotels
Retail trade - general merchandise
Reupholstering and furniture repair
Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way
activity)
Sewage pumping stations
Short Term Rental
Sporting goods, bicycles, and toys
Storm drain or right-of-way (Predominantly covered pipes or boxes)
Surplus stores (inside only)
Travel Agencies
Variety stores
Video Rental Shops
Water and electric utility company office
Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity.
Water pressure control stations and pumping plants
Water utilities or irrigation company office
c. Permitted Accessory Uses.
Accessory uses and structures may be permitted in the MU zone, provided
they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such
permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, equipment storage buildings, and supply storage
buildings which are customarily used in conjunction with and incidental to a principal use or structure
permitted in the MU zone.
ii. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto and, provided further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter, but
in no case for a period to exceed one (1) year, unless approved by the Building Official.
3.14.025. Conditional Uses
The following uses and structures may be permitted in the MU zone only after a Conditional Use Permit has been
issued, and subject to the terms and conditions thereof, and must be consistent with the Purpose and Objectives of
the MU zone. The conditional uses as defined below are required to be used in combination of residential and
commercial. Each building or project must have a minimum of 10% residential or commercial (including other
uses as approved by the Community Development Director). When MU is allowed in an area designated on the
Preferred Land Use Map as Downtown Commercial Mixed Use, the residential density may be increased to 40
units per acre if approved with a Conditional Use Permit.
Conditional Uses
Behavior, drug & alcohol treatment
Building maintenance
Candy, nut, and confectionery (only in historic buildings)
Communications (Subject to Section Rexburg City Code)
Contract construction services (offices and retail only)
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City of Rexburg Development Code: MU
Dairy Products
Debris basin (A dam and basin for intercepting debris)
Dormitory apartments - maximum of six (6) persons per unit attached to commercial or other
nonresidential use as a mixed-use project
Dry goods and general merchandise (yarn, linen, crafts, fabric, etc.) (Only in historic buildings on
arterial streets)
Electrical supplies
Electricity regulating substations
Grocery Stores (if center is more than 5 acres but less than 10 acres) Containing only land uses
listed herein.
Heating and plumbing equipment (no outside storage)
Hospitals
Household Goods Warehousing and Storage
Meats and Fish
Miscellaneous retail trade (except drug stores and proprietary stores; only in historic buildings as
defined in this title)
Other gas utilities, NEC
Paint, Glass, and Wall Paper
Restaurants, subject to the following conditions:
1. That the restaurant be architecturally compatible with surrounding buildings.
2. That there is no short order/fast food or drive-in restaurants.
3. That signs, landscaping, number of employees, and distance from existing commercial
Zones, and related matters, shall be factors considered in the review and approval of a
conditional use permit.
Sanitariums, convalescent and rest home services
Second hand clothing, shoes, furniture and books (does not include flea markets, or thrift store and
general second hand merchandise, indoor display and storage only; use of outdoor collection boxes
is prohibited, (only on arterial streets))
Shopping Centers (if center is more than 5 acres but less than 10 acres) Containing only uses that
are listed herein.
Small generation
Spreading grounds (Area for percolating water into underground)
Swimming Pool Supplies
Veterinarian services, subject to the following conditions:
1. Experimental or scientific research activities are prohibited.
2. No on-site disposal of dead animals.
3. The facility shall be located completely within an air-conditioned and soundproofed building.
4. Animal noise shall not be audible at the nearest property line.
5. Overnight boarding shall be limited to animals receiving treatment on the premises.
6. Services shall be limited to small animals only.
7. No services shall be permitted for poisonous or dangerous animals.
Water storage as part of a utility system (covered including water storage standpipes)
3.14.030. Minimum Mixed Use Percentages
MU projects are encouraged to have a residential, commercial or institutional mixture (including other uses as
approved by the Community Development Director). The MU zone allows a maximum residential density of thirty
(30) units per acre. Projects shall be allowed an additional residential unit for each half (1/2) percent of commercial
or institutional use. The use will be monitored by the Community Development Compliance Officer.
3.14.040. Lot Area
The minimum area of any lot or parcel of land in the MU zone is twelve thousand (12,000) sq. ft.
3.14.050. Lot Width
The minimum lot width in the MU zone is sixty (60) feet.
3.14.060. Lot Depth
The minimum lot depth in the MU zone is sixty (60) feet.
3.14.070. Lot Frontage
Each lot or parcel of land in the MU zone shall abut a public street for a minimum distance of twenty-four (24) feet,
on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City
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standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement.
3.14.080. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall be subject to
review by the Planning and Zoning Commission and the Rexburg City Council and may be denied a building permit
for reason of nonconformance with the parcel requirements of this Chapter.
3.14.090. Lot Configuration and Density
Projects in this zone are required to be pedestrian friendly developments with buildings facing and in close
proximity to the right-of-way. Parking lots are required to be behind buildings. Other configurations may be
considered on a case-by-case basis and subject to a Conditional Use Permit (CUP). Access driveways are restricted
to twenty-four (24’) feet (unless required to be wider for Fire Apparatus).
For land that is located within “Area #1” of the PED District (see map on page 239), the dwelling unit density shall
be allowed to be increased as per Planning and Zoning Commission findings during the required CUP.
3.14.100. Yard Requirement
The following minimum yard requirements shall apply in the MU zone:
Front Yard.
The minimum front yard setback shall be zero (0) feet if the following requirements are followed
a.
A minimum 8’ wide sidewalk is required parallel to any city street.
b.
Street trees and other landscape amenities are required and include as a minimum the use of 2” caliper
deciduous trees at a maximum of 20’ spacing in the landscape strip between the curb and sidewalk. The
space between the building and sidewalk shall be landscaped with ornamental trees, shrubs, annual and
perennial flowers to achieve a “fully landscaped look”. The landscape strip and the front yard setback shall
be planted with grass between the trees, shrubs and other landscape features. An irrigation system is
required and is the responsibility of the property owner as is the maintenance of the landscaped areas.
c.
The building shall be oriented toward the street with architecturally defined entrances; a ground floor
prominence; and elements that break up vertical and horizontal walls.
d.
There shall be a variety of openings and other features that enhance the buildings visual interaction with the
street. These features include doors, windows, balconies and/or other items such as stoops, awnings,
porches, dooryards, canopies, overhangs, recesses, etc. that in combination enhance the human scale and
pedestrian experience of the street. Balconies, awnings, canopies and other structural elements may extend
a maximum of three (3) feet into the setback.
e.
The first floor wall facing the right-of-way shall be faced with high quality materials (as approved by
Community Development Director or Designee).
f.
Street lighting and utilities within the right of way must be installed as per the City Engineering Standards.
g.
Renderings identifying all of the above requirements and the Design Standards shall be provided to city
staff prior to the request for a building permit. The Community Development Director or Designee will
have authority to review the submittal and determine if it meets the above requirements and spirit in which
they were created. At request by applicant the City Staff will have authority to over-rule the findings of the
Community Development Director or Designee.
h.
Townhouse type residential adjacent to right-of-way shall have a “daylight basement” or crawlspace with
the first floor a minimum of two (2’) feet above grade.
When the above requirements are not met then a front yard setback of ten (10) feet shall be required. The front yard
shall be landscaped with ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped
look”. The maximum front yard setback shall be ten (10) feet. No part of any building shall overhang the public
right-of-way and no drainage shall be diverted into said public right-of-way. Parking spaces, drive aisles, and all
maneuvering areas shall not be located within the first ten (10) feet of a front yard. This area shall be used for
landscaping that will adequately screen parking areas from adjacent right-of-way.
a. Rear Yard.
No requirement. When a building is adjacent to a residential zone or use the building shall
match the rear yard requirements of the adjacent residential zone or use. Minimum rear yard of at least 6
(six) feet shall be required when a sloped roof drains toward rear yard property line.
b. Side Yard.
There shall be no side yard requirements. When a building is adjacent to a residential zone or
use the building shall match the side yard requirements of the adjacent residential zone or use. Minimum
side yard of at least 6 (six) feet shall be required when a sloped roof drains toward side yard property line.
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c. Infill/Redevelopment Setbacks.
Setbacks are increased as per Section 4.16 Infill/Redevelopment
Projects.
d. Accessory Buildings.
Accessory buildings must meet all fire separation requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than one
hundred and twenty (120) square feet require a building permit.
ii. Comply with all lot coverage requirements and may not be in the front yard.
iii. Comply with the current Building Code of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Maintain architecturally similar material and colors with main building.
3.14.110. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into any required yard,
except for a required driveway:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements including trees, shrubs, turf, and other plant materials.
iii. Necessary appurtenances for utility service.
iv. Utility fixtures are not allowed in the front yard setback or in the City right-of-way.
3.14.120. Building Height
Permitted Heights
a. The allowed height is 55 feet, for all buildings. Buildings higher than 55 feet may be allowed with a
Conditional Use Permit. Building height for all uses shall be measured from adjacent grade level to the top
of the highest horizontal wall top plate. An unroofed and unenclosed rooftop terrace, an enclosed stairwell
or elevator providing access to the roof, shall not be included in the measurement of total building height.
b. Stealth telecommunication towers are permitted to a height of 75 feet. The Planning and Zoning
Commission shall review the design of all proposed stealth telecommunication towers through the
conditional use permit process, and provide a recommendation to the City Council. Any proposed tower
shall also be subject to the City’s telecommunications tower ordinance which will require certain setbacks
and excluded areas.
c. Non-stealth telecommunication towers are permitted to a height of 60 feet. The Planning and Zoning
Commission shall review the design of all proposed telecommunication towers through the conditional use
permit process, and provide a recommendation to the City Council. Any proposed tower shall also be
subject to the City’s telecommunications tower ordinance which will require certain residential setbacks
and excluded areas.
3.14.130. Access
Housing projects made up of twelve (12) or more units will be required to demonstrate sidewalk access to the BYUI
campus and to the nearest Substantial Commercial Cluster (see definition).
3.14.140. Permissible Lot Coverage
a. Lot Coverage.
Maximum Lot Coverage is 90%.Lot coverage includes all buildings and structures
including areas of hard surface such as sidewalks and driveways.
b. Landscaping.
Areas not included in lot coverage calculation shall be maintained in landscaping.
3.14.145. Project Plan Approval
All projects constructed within the MU zone must submit, prior to beginning construction, a site plan (including a
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landscape and drainage plan) for review and approval by City of Rexburg Development Review Committee.
Drainage on to an adjacent lot not owned by applicant is not allowed. All structures must comply with Building
Department requirements.
3.14.150. Parking and Loading
Each lot or parcel in the MU zone shall have, on the same lot or parcel, automobile parking sufficient to meet the
requirements as set forth in Chapter 5 Parking Regulation unless otherwise specified below. When possible,
connectivity through parking lots of adjacent properties is required. The following parking guidelines shall apply to
the MU zone:
a. Parking Lot Construction
All parking spaces shall be paved with asphaltic cement or concrete and shall be provided with paved
access from a public street. Said spaces shall be provided with adequate drainage which shall not run across
a public sidewalk. Parking spaces and maneuvering areas shall not be provided within a required front
yard. 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 five (5) foot wide landscaped strip to be planted with one (1) tree of
2” caliper and five (5) low shrubs per thirty (30) lineal feet. A six (6) foot high vinyl or masonry fence may
be substituted for the landscape strip.
b. Townhouses
Townhouses in the MU zone shall have two off-street parking spaces per unit.
c. Mixed-Use Buildings and Projects
The total parking requirement shall be the sum of the individual requirements for all uses (see Chapter 5).
A joint use parking agreement, if executed according to the standards set forth in section d below would
allow a reduction in the total requirement for a mixed-use building or project.
d. Joint Use Parking
Joint use parking facilities are encouraged. Joint use of required parking spaces may occur where two or
more uses on the same site or on separate sites are able to share the same parking spaces because their
parking demands occur at different times. Joint use of required parking spaces is allowed if the following
documentation is submitted in writing to the City as part of a building permit application or site plan
review:
1. The names and addresses of the uses and of the owners or tenants that are sharing the parking;
2. The location and number of parking spaces that are being shared;
3. An analysis showing that the peak parking demands for the different uses occur at different times, and
that the parking area will supply at least the minimum number of required spaces for each use during
its respective peak parking times; and,
4. A legal instrument such as an easement or deed restriction that guarantees access to the joint parking
for all uses.
e. Parking Structures
Parking Structures are encouraged and must meet the requirements set forth in Chapter 5.
3.14.160. Design Standards
MU zones must follow the requirements of Section 4.13 Commercial Design Standards. All development adjacent
to the Highway 20 right-of-way must submit a site plan meeting the requirements of Section 4.7.iv. to the Planning
and Zoning Commission and be approved by the Commission prior to obtaining a Building Permit.
3.14.170. Other Development Standards
a. Signs.
All signs erected in the MU zone shall be in conformance with the sign provisions of the Rexburg
City Sign Code, except for the following:
i. Sign requirements shall apply to the MU district, with the following exceptions:
1. Pole signs are not allowed;
2. Permitted detached signs shall be monument style and shall be limited to six feet in height.
b. Outdoor Storage or Display
i. Outdoor storage or display requires a Conditional Use Permit (CUP).
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c. Entrances
i. In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly
accessible streets and sidewalks, a principal building must have its main entrance from a public
sidewalk or plaza or from a private sidewalk or plaza that is publicly accessible through a public use
easement. The main entrance shall not be from a parking lot; however, secondary entrances from
parking lots are permitted. Interior buildings constructed as part of a campus development are exempt
from these requirements.
d. Landscaping.
All landscaping in the MU zone shall be consistent with landscaping requirements of the
Development Code
.
e. Infill/Redevelopment.
Buffering is required as per Section 4.16 Infill/Redevelopment Projects.
f. Trash Storage.
No trash containment device shall be placed in such a location as to be visible from the public right of way
unless in preparation for pickup, and under no circumstance for any period greater than 24 hours prior to
and subsequent to the regularly scheduled pickup for trash.
g. Walls, Fences, and Gates
i. In order to promote pedestrian-oriented developments, exterior security fences and gates that are
located along public streets, along private street or walkways that are publicly accessible through a
public use easement, or along publicly accessible open spaces shall not extend beyond the building
façades; i.e., these fences shall not be located in the area between building façades and the property
line.
ii. Fences not exceeding thirty-six (36) inches in height, however, may extend beyond the building facade
of attached or detached one- and two-family residential dwellings in mixed-use zoning districts.
iii. A vinyl or masonry fence of at least six (6) feet in height shall be erected along all property lines which
lie adjacent to a residential zone, except front yards, where the height of the fence shall not exceed
thirty-six (36) inches. In the case where there is mutual agreement between the property owners of the
commercial zone and the adjacent residential zone, the Planning and Zoning Commission shall give
considerable weight to the wishes of the parties involved. A signed agreement must be submitted to the
Planning and Zoning Commission or its designee, indicating the desires of the property owners to have
no fence. In the case where there no agreement can be reached, preference will be given to the
construction of a vinyl fence.
3.14.180. Reserved
3.14.190. Lighting Standards
Residential and Commercial Lighting Standards are applicable as described in Section 4.14. Factors such as location
of housing (onsite and offsite) and commercial land uses shall direct what standards are applicable
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COMMERCIAL ZONES
3.15 Reserved
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City of Rexburg Development Code: GBD
3.16 General Business District (GBD)
3.16.010. Purpose and Objectives
3.16.020. Permitted Uses
3.16.030. Lot Area
3.16.035. Commercial and Residential Area Requirements in Mixed Residential / Commercial Use Structures
3.16.040. Lot Width
3.16.050. Lot Frontage
3.16.060. Prior Created Lots
3.16.070. Area of Zone
3.16.080. Yard Requirements
3.16.090. Projections into Yards
3.16.100. Building Height
3.16.110. Distance Between Buildings
3.16.120. Permissible Lot Coverage
3.16.130. Parking, Loading, and Access
3.16.140. Project Plan Approval
3.16.150. Other Requirements
3.16.160. Architectural Design Standards
3.16.170. Commercial Lighting Standards
3.16.010. Purpose and Objectives.
The GBD Zone is established to provide a district primarily for the accommodation of commercial uses and
commercial areas which have been established in locations away from the central core of the City and which are not
within the shopping centers of integrated design. Though this zone will be applied to areas which have developed as
"strip commercial" developments along major streets and highways, it shall not be used to promote or establish areas
in which such development can be promulgated or encouraged in violation of good planning principals. The GBD
zone is to provide for the location and grouping of compatible retail enterprises having the common characteristics
of dispensing commodities, providing professional services or providing personal services to the individual, but
which do not involve more than incidental or limited assembly, fabrication or storage of commodities.
The GBD zoning district is appropriately applied in the following circumstances: On the periphery of the CBD Zone
where retail uses are appropriate yet the distance to community parking facilities indicates a need for onsite parking.
At dispersed commercial centers where the grouping of retail and office uses is appropriate to serve community or
regional needs.
The GBD zone should be applied to vacant land areas for new construction only in the event that integrated
shopping center development is not practical and/or desirable because of difficult size, shape, topography, or similar
problems related to land otherwise deemed to be appropriate for commercial development. The location of the GBD
zone should be close to freeways or major arterials to provide convenient access for major traffic volumes without
hazard and without traversing through a residential area. The GBD zone shall not be applied to the internal areas of
residential neighborhoods. Although the GBD zone may be applied to existing commercial areas which have a
variety of characteristics, the provisions contained herein should be used to encourage greater integrity and aesthetic
improvements as these areas are redeveloped, expanded, and improved. Integrated and coordinated landscaping,
parking, ingress, and signing and building design should be encouraged and regulated through the use of project plan
approval procedures. New construction should be in harmony with the characteristics of the surrounding developed
commercial and residential areas. The uses characteristic of this zone will be a wide range of retail stores, shops,
services, and offices. This zone may be applied to areas which have existing offices, heavy commercial and
institutional uses. It is the intent that the GBD zone contains a mixture of compatible uses.
3.16.020. Permitted Uses.
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the GBD
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
GBD zone:
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Permitted Uses
Antiques (indoor display only)
Apparel and accessories
Athletic clubs, body building studios, Spas, aerobic centers, and gymnasiums
Automobile accessories (except tire recapping and vulcanizing)
Banks, insurance, and real estate (office only)
Books, stationery, art, and hobby supplies
Bowling alleys
Commercial printing only related to retail sales of printed products
Drug and proprietary stores
Eating places (restaurants)
Educational services
Electrical supplies
Employment Services
Food stores
Furniture, home furnishings, and equipment (no combined ware-housing)
Garden supplies (entirely within a building only)
Gunsmiths
Hardware
Ice dealers (automated machines or pick-up stations only)
Ice skating
Jewelry
Mail and Phone order houses
Miscellaneous retail food establishments
Miscellaneous retail stores (includes florists, cigars, newspapers, magazines, photo supplies, pet
stores, and other similar retail stores)
Paint, glass, and wall paper
Personal services - includes photography, beauty and barber services, clothing repair, shoe repair,
etc. (Except funeral parlor, cemetery, crematory services, reception center and wedding chapels and
reception centers only)
Postal services
Professional Services
Retail trade - general merchandise
Roller skating and skate Boarding
Sporting goods, bicycles, and toys
Travel Agencies
Variety stores
Video Rental Shops
Watch, clock, jewelry repair, etc.
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the GBD zone provided they
are incidental to, and do not substantially alter, the character of the permitted principal use or structure.
Such permitted uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, equipment storage buildings and supply storage
buildings which are customarily used in conjunction with and incidental to a principal use or structure
permitted in the GBD zone.
ii. Storage of materials used for construction of buildings, including the contractor's temporary office
provided that such use be located on the building site or immediately adjacent thereto, and provided
further, that such use shall be permitted only during the construction period and thirty (30) days
thereafter.
3.16.025. Conditional Uses.
The following uses and structures may be permitted in the GBD zone only after a Conditional Use Permit has been
issued, and subject to the terms and conditions thereof.
Conditional Uses
Ambulance service
Animal hospital services (small animal out- patient clinic only)
Auto glass repair
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Auto washing and polishing
Automobile repair
Automobile services, except repair and wash (motor clinics)
Billiard and pool halls
Bottled gas
Call Center
Coin-operated amusement or video centers
Dance halls, ballroom
Day Care Centers
Dwelling and building services (not units)
Electric go-kart tracks (indoor only)
Electrical appliance repair
Furniture repair
Laundry and Dry Cleaning (includes self-service laundries)
Liquor, package
Manufacture and installation of auto-mobile seat covers and auto tops
Miniature golf
Miscellaneous small item repair
Motels and motor hotels
Motion picture theaters
Motor vehicles, automobiles (used only)/retail trade
Motorcycles, motor scooters, parts, accessories, and supplies
New and used car sales
Nursery Schools
Parking lot – automobile parking lot and garages(surplus parking only)
Personal services (wedding chapels, reception centers only)
Police protection and related activities, branch (office only)
Residential facility for Elderly persons (not including assisted living which should be located in a
residential area)
Saw, knife, and tool sharpening
Service stations
Social, fraternal, and youth organizations and services
Thrift store and general second hand merchandise (indoor display and storage only; use of outdoor
collection boxes is prohibited)
Vehicle rental
3.16.030. Lot Area.
There shall be no minimum lot area requirements in the GBD zone except as may be dictated by off-street parking
requirements, adequate circulation, and property site utilization.
3.16.040. Lot Width.
No requirement.
3.16.050. Lot Frontage.
Each lot or parcel of land in the GBD zone shall have frontage on a public street for a minimum distance of thirty-
five (35) feet.
3.16.060. Prior Created Lots.
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building permit solely for reasons of nonconformance to the parcel requirements of this Chapter.
3.16.070. Area of Zone.
Each single GBD zone zoning district shall contain a minimum of two (2) acres except those existing, previously
developed commercial facilities and areas to which the GBD zone is applied.
3.16.080. Yard Requirements.
The following maximum yard requirements shall apply in the GBD zone:
a. Front Yard.
Each lot or parcel of land in the GBD zone shall have a front yard of not less than ten (10)
feet, except that in areas developed prior to the establishment of this zone, the front yard shall be equal to
the average of existing front yards on all parcels of property along the block face in which a building or
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City of Rexburg Development Code: GBD
structure is to be located.
b. Side Yard.
Except as provided in subsections (3), (4) (5) and (6) of this section, each lot or parcel of land
in the GBD zone shall have a side yard of at least ten (10) feet or match the setbacks of the adjacent
residential zone or use whichever is greater. There shall be no requirements in those instances where the
side property line abuts a commercial or industrial zone.
c. Side Yard.
Accessory Building.An accessory building may be located on a side property line if, and only
if, all of the following conditions are met:
i. An accessory building has no openings on the side which is contiguous to the property line, and the
wall of said building adjacent to the property line has a fire rated wall as required by the Building
Code.
ii. The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on
which it is erected.
d. Rear Yard.
There shall be no rear yard requirements except as may be dictated by provisions of the
Building Code, unless adjacent to a residential zones or use, in which case the rear yard setback shall match
the setback requirement of the adjacent residential zone.
e. Rear Yard.
Accessory Building.An accessory building shall be setback a minimum of ten (10) feet from
any residential zone or use.
3.16.090. Projections into Yards.
a. Permitted projections.
The following structures may be erected on, or project into, any required yard,
except into a required driveway:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscaping elements including trees, shrubs, and other plants.
iii. Necessary appurtenances for utility service.
b. Permitted projections with conditions.
The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet, except that
required driveways shall remain unobstructed from the ground upward.
i. Eaves, belt courses, sills, buttresses, or other similar architectural features.
ii. Door stoops, fire escapes, and planter boxes not exceeding twenty-four (24) inches in height.
iii. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features.
3.16.100. Building Height.
In the GBD zone, the height of every building or structure hereinafter designed, erected, or structurally altered or
enlarged shall be regulated by conformance to the requirements of the most recent edition of the Building Code as
adopted by action of the Municipal Council. However, the maximum building height shall be forty-five (45) feet,
measured at the top of building’s horizontal wall. After the effective date of this Chapter, all new structures
exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise
required by law.
3.16.110. Distance Between Buildings.
As required by the Building Code.
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City of Rexburg Development Code: GBD
3.16.120. Permissible Lot Coverage.
No requirements except as may be dictated by yard requirements, landscape requirements, and compliance with off-
street parking provisions.
3.16.130. Parking, Loading, and Access.
Each lot or parcel in the GBD zone shall have automobile parking sufficient to meet the requirements as set forth in
Chapter 5 Parking Regulation. All parking spaces shall be paved with asphaltic cement or concrete, and shall be
provided with adequate drainage which shall not run across a public sidewalk.
Loading spaces shall be provided as required by the Planning and Zoning Commission unless applicant provides
information to staff identifying acceptable alternate means. When the use of a building changes, loading spaces will
be required unless applicant provides information to staff identifying acceptable alternate means. Parking spaces
shall not be located within a required front yard adjacent to a public street.
3.16.140. Project Plan Approval
.
All Project plans for projects in the GBD Zone must be prepared and engineered by A/E professionals and be
submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by
professional engineered plans (including drainage) and specifications for review by the Development Review
Committee. Drainage on to an adjacent lot not owned by applicant is not allowed.
3.16.150. Other Requirements.
a. Highway 20 Corridor.
All development adjacent to the Highway 20 right-of-way must submit a site plan
meeting the requirements of Section 4.7.iv. to the Planning and Zoning Commission and be approved by
the Commission prior to obtaining a Building Permit.
b. Signs.
All signs erected in the GBD zone shall be in conformance with the sign provisions of Chapter 10.
c. Uses Within Buildings.
All uses established in the GBD zone shall be conducted entirely within a fully-
enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and
appropriately conducted in the open. Such uses may include, but would not be limited to, service stations,
ice skating, miniature golf, plant nurseries, etc.
d. Landscaping.
A minimum of ten (10) percent of the site shall be landscaped.
e. Trash Storage.
See Section 4.13.
f. Walls and Fences.
i. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be
maintained within a required front yard in a GBD zone.
ii. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which
lie adjacent to a residential zone. In the case where there is mutual agreement between the property
owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be
modified to allow other suitable materials. A signed agreement must be submitted to the Planning and
Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual
agreement, the vinyl fence will be required.
g. Remodeling in Existing GBD Zones.
If the remodeling of a building in the GBD zone causes the exterior
of the building to be enlarged, the landscaping requirements of Section 3.16.150(d) shall apply, with the
following limitations:
i. The requirements of Section 3.16.150(d) shall not fully apply where those requirements would conflict
with parking requirements, be incompatible with the design of existing buildings or impair ingress or
egress to existing buildings or parking areas.
3.16.160. Architectural Design Standards
Architectural design requirements found in Section 4.13 Commercial Design Standards shall apply.
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3.16.170 Commercial Lighting Standards.
Commercial Lighting Standards are applicable as described in Section 4.14.
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City of Rexburg Development Code: CBD
3.17 Central Business District (CBD)
3.17.010. Purpose and Objectives
3.17.020. Permitted Uses
3.17.030. Lot Area
3.17.040. Lot Width
3.17.050. Lot Frontage
3.17.060. Prior Created Lots
3.17.070. Area of Zone
3.17.080. Yard Requirements
3.17.090. Building Height
3.17.100. Distance Between Buildings
3.17.110. Permissible Lot Coverage
3.17.120. Parking, Loading and Access
3.17.130. Project Plan Approval
3.17.140. Other Requirements
3.17.150. Residential Standards
3.17.160. Architectural Design Standards
3.17.170. Downtown Lighting Standards
3.17.010. Purpose and Objectives
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.
The CBD Zone is intended to be located only in the central core area of the City and to be expanded out from that
central area in an orderly and progressive manner as the demand for additional commercial land is generated. The
CBD Zone is to be characterized by wide, clean, well-lighted streets, ample pedestrian ways, and vehicular parking
lots for the convenience and safety of the public.
Attractive, inviting, and well-maintained shops, stores, offices, and other buildings are also characteristic of this
zone. Signing of shops and business establishments should be simple and attractive with signs mounted flat against
the building to reduce the sign clutter and enhance the aesthetics of the downtown area. Blade signs that are placed
between eleven (11) feet and sixteen (16) feet above sidewalk are allowed in the right-of-way as approved by City
Engineer. The uses characteristic of this zone are retail stores, banks, office buildings, theaters, hotels, and a wide
variety of specialty shops and retail outlets. Conversely, uses which tend to create business dead spots, cause undue
scattering of business, and generally tend to thwart the use of the land for its primary purpose have been excluded
from the zone. This zone will tend to encourage an architectural theme which will strengthen the continuity of the
downtown area and give it a "character" with which the citizens of Rexburg can identify.
The CBD Zone is a mixed-use zone and residential uses are encouraged. Residential dwelling density shall not
exceed forty (40) dwelling units per acre.
3.17.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the CBD
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
CBD Zone:
Permitted Uses
Apartments above the ground floor (high rise attached to commercial or other nonresidential use; as
a mixed-use project as set forth in Rexburg City Code)
Apartments above the ground floor (low rise attached to commercial or other nonresidential use as
a mixed-use project as set forth in Rexburg City Code)
Apparel and accessories
Athletic clubs, body building studios, Spas, aerobic centers, and gymnasiums
Bakeries and Doughnut Shops
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Banks, insurance, and real estate (office only)
Beauty and Barber Shops
Bed and Breakfast Inn above the ground floor (attached to commercial or other non-residential use).
Billiards and pool halls,
Boarding House above the ground floor (attached to commercial or other nonresidential use)
Books, stationery, art, and hobby supplies
Bowling alleys
Building maintenance
Bus transportation (except bus garaging and equipment maintenance)
Business services (office and retail sales only)
Call Centers (when additional parking is provided and approved by the Community Development
Director)
Churches, synagogues, temples, and missions
Coin-operated amusements
Contract construction services (offices and retail only)
Crematory
Cultural activities
Dance halls, ballroom,
Day Care Centers
Department stores (includes major and junior chain department stores)
Direct selling organization
Discount department stores
Drug and proprietary stores
Eating places (restaurants)
Educational services
Electrical appliance repair and service (no outside storage)
Electrical supplies
Entertainment and assembly including legitimate theater
Executive, legislative, and judicial functions
Florists
Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries, etc.)
Funeral parlor (mortuary)
Furniture, home furnishings, and equipment (no combined warehousing)
Garden supplies (entirely within a building only)
Gas and electric utility company office
Grocery Stores (if center is more than 5 acres but less than 10 acres)
Gunsmiths
Hardware
Heating and plumbing equipment (no outside storage)
Hotels
Ice dealers (automated machines or pick-up stations only)
Ice skating
Indoor Miniature golf
Jewelry
Libraries
Liquor
Liquor, package
Locksmiths and key shops
Mail and Phone order houses
Membership lodging
Merchandise vending machine operators
Miscellaneous business services
Miscellaneous retail food establishments
Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet
stores, and other similar retail stores)
Miscellaneous service organizations
Motion picture theaters (indoor)
Motor vehicle transportation
Motorcycles, motor scooters, parts, accessories, and supplies
Multiple Family Dwelling above the ground floor (attached to commercial or other nonresidential use)
Nursery Schools
or other nonresidential use)
Other religions activities
Package Antiques and second-hand merchandise, second-hand auto parts, (indoor only).
Paint, glass, and wallpaper
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Parking lot – automobile parking lot and garages (this does not include long term storage of autos,
trucks, boats, vacation trailers, etc., which is prohibited)
Personal services - including photography, beauty and barber services, clothing repair, etc. (except
wedding chapel and reception centers only)
Postal services
Pressing, Alteration and Garment Repair
Professional Services (except behavior, drug and alcohol treatment; office only)
Protective functions and related activities
Public assembly
Refuse disposal company office
Religious quarters
Religious reading rooms
Residential facility for elderly persons above the ground floor (attached to commercial or other
nonresidential use)
Residential facility for persons with a disability above the ground floor (attached to commercial
Retail trade - general merchandise
Reupholstering and furniture repair
Roller skating and skate boarding
Short Term Rental above the ground floor (attached to commercial or other nonresidential use)
Single Family Dwelling above the ground floor (attached to commercial or other nonresidential use)
Sporting goods, bicycles, and toys
Surplus stores (inside only)
Travel Agencies
Two Family dwelling above the ground floor (attached to commercial or other nonresidential use)
Vacation Rentals
Variety stores
Video Rental Shops
Water and electric utility company office
Water utilities or irrigation company office
3.17.025. Conditional Uses
The following uses and structures may be permitted in the CBD Zone only after a CUP has been issued, and subject
to the terms and conditions thereof.
Conditional Uses
Allow dwellings on the first floor
Assisted and Residential Care Facility
Auction Houses
Behavior, drug & alcohol treatment
Candy, Nut, and Confectionery
Communications
Dairy Products
Dancing School
Dormitory (maximum of six (6) persons per unit attached to commercial or other
Drop-in Daycare
Dwelling and building services (not dwelling units)
Electric utility company office
Equipment rental (only within a building)
Family apartments - high rise attached to commercial or other non-residential use; as a mixed-use project
Fruits and Vegetables
Gas company office
Grocery Stores (if center is more than 5 acres but less than 10 acres)
Heliport (with pads only, no maintenance)
Laundry and Dry Cleaning (includes Self-service Laundries)
Minor assembly and other innocuous manufacturing.
Miscellaneous Personal Services
Miscellaneous Retail Trade
Miscellaneous small item repair
nonresidential use)
overall structure.
Parking garages- if over ten (10) parking spaces and garage comprises the majority of the
Photographic Services
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Public assembly
Saw, knife, and tool sharpening
Shoe Repair, Hat Cleaning
Shopping Centers (if center is more than 5 acres but less than 10 acres)
Surplus stores
There is no minimum lot area in the CBD Zone.
3.17.030. Lot Area
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the CBD Zone provided they
are incidental to, and do not substantially alter the character of the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, equipment storage buildings, and supply storage
buildings which are customarily used in conjunction with and incidental to a principal use or structure
permitted in the CBD Zone.
ii. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use be located on the building site or immediately adjacent thereto, and provided
further that such use shall be permitted only during the construction period and thirty (30) days
thereafter.
3.17.040. Lot Width
Each lot or parcel of land in the CBD Zone shall have an average width of not less than thirty (30) feet.
3.17.050. Lot Frontage
Each lot or parcel of land in the CBD Zone shall abut on a public street for a minimum distance of twenty-four (24)
feet on a line parallel to the center of said street.
3.17.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building permit solely for reason of nonconformance with the lot requirements of this Chapter.
3.17.070. Area of Zone.
No requirement except that the CBD Zone shall be expanded contiguously from the CBD zoning established in the
center core area of the City. Said expansion shall be accomplished in an orderly manner.
3.17.080. Yard Requirements
The following minimum yard requirements shall apply in the CBD Zone:
a. Front Yard.
The minimum front yard setback shall be zero (0) feet. The maximum front yard setback
shall be ten (10) feet. No part of any building shall overhang the public right-of-way and no drainage shall
be diverted into said public right-of-way. Parking spaces, drive aisles, and all maneuvering areas shall not
be located within the first ten (10) feet of a front yard. This area shall be used for landscaping that will
adequately screen parking areas from adjacent right-of-way.
b. Side Yard.
Except as provided in this section, there shall be no side yard requirements. When a building is
adjacent to a residential zone or use the building shall match the side yard requirements of the adjacent
residential zone or use.
c. Rear Yard.
No requirement. When a building is adjacent to a residential zone or use the building shall
match the rear yard requirements of the adjacent residential zone or use.
3.17.090. Building Height
Buildings within 50 feet of a residential zone shall be limited to 35 feet in height, measured at the top of building’s
horizontal wall, or maximum height of the affected residential zone. However, all other buildings and portions of
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buildings within the CBD shall not exceed 45-feet in height (except, one additional story or ten feet in height shall
be allowed extra when the building contains a floor of residential units that are not located on first floor, or street
level).
3.17.100. Distance Between Buildings
No requirement except as regulated by the provisions of the Building Code of Rexburg ID.
3.17.110. Permissible Lot Coverage
No requirement except as may be dictated by the necessary provision of off-street parking and other applicable
requirements.
3.17.120. Parking, Loading, and Access
Each Lot or parcel in the CBD Zone shall provide automobile parking sufficient to meet the requirements as set
forth in Chapter 5 Parking Regulation.When possible, connectivity through parking lots of adjacent properties is
required.
3.17.130. Project Plan Approval
All Project plans for projects in the CBC Zone must be prepared and engineered by A/E professionals and be
submitted for review and approval from conception by the Architectural and Design Review Boards, followed by
professional engineered plans (including drainage) and specifications for review by the Development Review
Committee. Drainage on to an adjacent lot not owned by applicant is not allowed.
3.17.140. Other Requirements
a. Signs.
Blade signs that are placed between eleven (11) feet and sixteen (16) feet above sidewalk are
allowed in the right-of-way as approved by City Engineer. All signs shall conform to Chapter 10, Signs in
Rexburg.
b. Uses Within Buildings.
All uses established in the CBD Zone shall be conducted entirely within a fully-
enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and
appropriately conducted in the open, and other uses which are allowed by the Planning and Zoning
Commission to be conducted in the open through the granting of a CUP. Uses customarily deemed to be
conducted in the open may include, but would not be limited to, ice skating, miniature golf, etc.
c. Landscaping.
A minimum of ten (10) percent landscaping shall be provided for all parking lots and shall
be useable for snow storage. In addition, parking areas shall be adequately screened from adjacent right-of-
way.
d. Canopies and Marquees.
Canopies and/or marquees may be extended over public sidewalks in the CBD
Zone only after a CUP has been granted by the Planning and Zoning Commission for their erection and
after a revocable license has been issued by the Rexburg City Mayor in accordance with the procedures
outlined herein.
Said marquees or canopies may be supported by columns or stanchions which are attached to the ground
within the public right-of-way and do not extend beyond the street curb line. Canopies and marquees
erected in the CBD Zone must comply with all of the following conditions:
i. A CUP must first be granted by the Planning and Zoning Commission following an application
submitted to the Planning and Zoning Commission. Procedure for granting a conditional use permit for
this purpose shall be in accordance with Rexburg City Code.
ii. A license shall be obtained from the Mayor permitting such construction. Conditions deemed
appropriate by said Mayor may be imposed upon the granting of a license.
iii. The licensee shall agree to save and hold harmless the City on any and all damage to any property or
person arising from the construction and maintenance of such canopies or marquees. Licensee shall
assume and pay all costs of installation, maintenance, and removal of said canopy or marquee.
iv. The licensee shall agree to pay damages and hold the City harmless from any claim that may arise
through the licensee's use of public property for this purpose.
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v. Said license may be revoked after ninety (90) days of written notice to the licensee, at which time all
improvements must be removed from the public right-of-way at the full expense of said licensee. The
City right-of-way shall be restored by the licensee at his own expense to a condition equivalent or
better than that existing in the remainder of the block face, and to a condition satisfactory and
acceptable to the Mayor.
vi. Before a license shall be issued by the Mayor, the design of the canopy or marquee and the materials
used in the construction of said canopy or marquee shall first be reviewed by the Planning and Zoning
Commission in the process of granting a conditional use permit. The Planning and Zoning Commission
shall not grant a conditional use permit for any construction of such canopies or marquees unless the
following is fully demonstrated to their satisfaction:
1. The canopy or marquee is harmonious in design and appearance with the building upon which it is
being located, and with the general architectural and visual theme of the CBD Zone.
2. The canopy or marquee will be constructed of materials contained on the materials list for the
CBD Zone approved by resolution of the City Council.
3. The canopy or marquee will tend to improve the visual environment of the City, will not be
harmful to any existing tree or landscaping element, will increase downtown property values, and
will promote the objectives and characteristics of the Central Business District zone as set forth
herein.
4. The location of supporting columns or stanchions will not obstruct pedestrian traffic on the
sidewalk, and will not materially affect existing landscaping or street furniture installations in the
public right-of- way.
vii. In the event that no public landscaping exists in the area adjacent to said canopy or marquee, the
Planning and Zoning Commission shall require the provision of a landscaped and planted area no less
than four (4) feet in width and no greater than six (6) feet in width to be planted with materials as part
of the granting of a conditional use permit. This planting shall be provided at least the full width of the
canopy or marquee installation.
viii. All canopy or marquee installations will be in full conformance with the provisions of the Building
Code of Rexburg, ID.
ix. The provisions of this Section are not intended to any way nullify or repeal any portions of the
Building Code provisions.
x. Canopies or marquees shall remain open and unencumbered on three (3) sides except for required
supporting columns, stanchions, or architectural features approved by the Planning and Zoning
Commission.
xi. In no event shall any portion of the public right-of-way be used for commercial storage, display, or
other private use.
xii. The construction of any canopy or marquee under the provisions of this Section shall in no way
deprive the public of use of the public right-of-way.
e. Trash Storage.
Trash receptacles shall be stored in screened areas that are not visible from streets.
Materials and location of the screened areas shall be reviewed and approved by Committee Development
Director or Designee Committee prior to installation. Materials used for screening should be consistent
with the predominant material found in the exterior construction of the building used by the business
served, however, as a minimum, a vinyl fence will be allowed.
f. Walls and Fences.
i. No wall, fence, or opaque hedge or screening material higher than three (3) feet shall be maintained
within a required front yard, or an area which would tend to inhibit a safe sight distance of traffic
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traveling upon a public street, or entering into the public street from a private driveway or alley.
ii. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which
lie adjacent to a residential zone. In the case where there is mutual agreement between the property
owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be
modified to allow other suitable materials. A signed agreement must be submitted to the Planning and
Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual
agreement, the vinyl fence will be required.
g. Transitional Development Standards.
Where a nonresidential use or mixed use in the CBD Zone borders
a residential zone, the setbacks of the adjacent residential zone shall be applied to the project.
h. Sidewalk Cafes.
A sidewalk café shall be permitted if the following requirements are met:
i. An applicant submits scaled plans demonstrating that the café will conform to the following
development standards:
1. At least six (6) feet of clear, unobstructed sidewalk width will remain available for pedestrian use.
A six-foot clearance shall be required between any portion of the café area and any sidewalk
obstructions such as tree wells, street signs, utility poles, newspaper racks, benches, kiosks,
drinking fountains and landscaped areas.
2. Tables, chairs and other furnishings associated with the café will be located directly adjacent to the
building and ground floor space in which food or drink is prepared.
3. A five (5) foot setback will be maintained from the dining area to a property or lease boundary and
from the intersection of the public sidewalk with a driveway, alley, street or another public
sidewalk.
4. If the sidewalk café is limited to one row of tables and chairs parallel to the building, no barriers
will be erected to impede access. If a sidewalk café is designed to have more than one such row of
tables and chairs, a non-sight obscuring removable barrier not more than three (3) feet high
enclosing the tables and chairs shall be constructed. Barrier gates shall not swing into the required
unobstructed sidewalk area required in subsection (a) above.
5. Awnings associated with the café will be installed in accordance with the Building Code.
Umbrellas shall not extend into the required unobstructed sidewalk area.
6. Signs associated with the café will be installed in accordance with Rexburg City Code.
7. Adequate facilities for the storage of trash and tobacco waste products generated by the café will
be provided at a convenient location.
ii. An agreement between the applicant and the City is executed and recorded that includes the following
provisions:
1. No alcohol will be consumed on the sidewalk.
2. All tables and chairs, any barrier, and other sidewalk obstructions associated with the sidewalk
café will be removed during the time period between one-half (½) hour after close of business to
one-half (½) hour before opening of the business.
3. Insurance will be continuously maintained to adequately co-insure Rexburg City against any
liability associated with the sidewalk café, as reasonably determined by the City. The insurance
certificate shall name the City as an “additional insured.” Cancellation of such insurance shall
require at least thirty (30) days prior notice to the City.
4. Rexburg City, its officers, agents and employees, will be held harmless from any claims, causes of
action, injuries, losses, damages, expenses, fees and costs, including attorneys’ fees, associated or
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arising from the operation of the café.
5. The café owner and operator will be responsible for repair of any damage done to the public
sidewalk due to the installation or removal of furnishings, barriers or other features of the sidewalk
café.
6. Hours of café use will be limited to not earlier than 7:00 A.M. and not later than 11:00 P.M. and
will not exceed the operating hours of the associated eating or drinking establishment.
7. Within the sidewalk café the use of sound reproduction equipment will be prohibited and live
acoustic music and musical instruments will be allowed, providing sound levels are controlled so
as to not disturb other businesses and are kept within legal decibel levels per City noise
regulations.
8. Will maintain the sidewalk café and surroundings will be maintained in a neat and clean condition
at all times.
9. The Café owner and operator will remove café improvements if necessary for sidewalk repair or
replacement, utility maintenance, or upon failure to comply with the terms of the agreement.
3.17.150. Residential Standards
The following standards shall apply to all residential development in the CBD Zone. Said standards shall replace
and/or supplement other provisions of this zone as applied to residential land uses. In case of conflicting provisions,
the most restrictive shall apply to residential uses. Mixed-use projects, where the ground floor use is non-residential
(i.e., retail shops on the main floor with apartments over the top), shall be built to the commercial development
standards above. Parking shall be calculated for each use individually, based on its own standard.
a. Building Height.
The height of a building or structure, including parking structures, shall be regulated by
the requirements of the most recent edition of the Building Code of Rexburg, ID; except that buildings or
portions of buildings within fifty (50) feet of a residential zone shall be limited to thirty-five (35) feet in
height, measured at the top of building’s horizontal wall, or the maximum height of the affected residential
zone.
b. Parking, Loading, and Access.
Each dwelling unit in the CBD Zone shall have automobile parking
sufficient to comply with the requirements of Chapter 5 Parking Regulation. Required parking for
residential uses shall be provided on the subject lot or parcel when possible. When not possible, required
parking may be provided on a separate lot or parcel in the vicinity after the approval of a conditional use
permit.
c. Fencing Standards.
The term "fence" shall include any tangible barrier, lattice work, screen, wall, hedge,
or continuous growth of shrubs or trees with the purpose of, or having the effect of preventing passage or
view across the fence line. Fences six feet or less in height shall not require a building permit. Fences over
six feet in height must obtain a building permit from the Building Inspection Division. Any fence, wall,
screen, hedge or other material serving as a fence, shall not create a sight distance hazard to vehicular or
pedestrian traffic as determined by the Rexburg City traffic engineer.
The following standards shall apply in all residential projects in the CBD Zone:
i. Front Yard. Solid walls, fences, hedges or screening materials which are sight obscuring may be built
to a maximum of three (3) feet in any required front yard perimeter.
ii. Side Yard. Solid, sight obscuring fences or walls may be built to a maximum of three (3) feet but may
slope upward to connect with a higher rear yard fence. The sloped length may not exceed one section
or a maximum of ten (10) feet.
iii. Rear Yard. Walls and fences in a rear yard may exceed six (6) feet provided that a building permit is
first obtained from the Building Department prior to construction.
iv. Entryways. Entry treatments to private driveways or subdivision development entrances may not
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exceed six (6) feet at the highest point, except lamps on pillars. Pillars shall be allowed to extend up to
eighteen inches above the allowable height of a fence provided that the pillars shall have a minimum
spacing of no less than six feet, measured face to face.
v. Grade Differences. Where there is a difference in the grade of the properties on either side of a fence,
wall or other similar structure, the height of the fence shall be measured from the natural grade of the
property upon which it is located.
vi. Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is
located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or
hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.
vii. Privacy Walls. Privacy walls which project into a required front yard will be subject to Committee
Development Director or Designee review.
viii. Double Frontage Lots. A fence or wall may be erected in the rear yard of a double frontage lot subject
to Committee Development Director or Designee review.
ix. Exceptions. The provisions of this Section shall not apply to certain other fences such as tennis court
backstops or patio enclosures as approved by the Zoning Administrator, if it is determined that such do
not create a hazard or violation of other sections of the Rexburg City Code or other City ordinances.
All other exceptions must obtain Planning and Zoning Commission approval.
3.17.160. Architectural Design Standards
a. Introduction.
Developments in the Central Business District shall implement projects with an overall
community design in mind and in conformance with the downtown blueprint hereby adopted. The need
exists for Design Standards to be in place to ensure developments are coordinated into the overall
community presentation and to preserve the integrity of the existing business district and the downtown as
the “center” of the community.
b. Background and Justification.
The basis for all development within our Community is set forth in the
Development Code, Subdivision Regulations, and the Comprehensive Plan. The Development Code for
the City of Rexburg states that the purpose of the Ordinance is to promote the general welfare by
establishing and regulating zoning districts.
The purpose of these standards is to augment the existing criteria contained in the CBD Zone and those
contained in the Development Code and Subdivision Ordinance, with more specific interpretations that
apply to the design commercial developments in the Central Business District. These standards require a
basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of
negative impacts.
c.
Architectural Design Standards are reviewed by the Design Review Committee by appointment. The
standards are not prescriptive as in other commercial zones and do not need to meet the guidelines found in
Section 413 of the Development Code. The intent is to allow flexibility in design while reviewing projects
Downtown Guiding Principles Development Framework
for compliance to the and as described below:
i. Guiding Downtown principles.
The City of Rexburg values the historical sense of place that the
downtown has provided for over a hundred years. Recent studies have identified several guiding
principles that will guide the continuation of the downtown core over the next hundred years. These
principles are as follows:
1. Downtown is a Pedestrian-Priority Area.
2. Downtown is the Civic, Social and Cultural Center of Rexburg and Madison County.
3. Downtown is Highly Attractive to visitors and has a “historic” sense about it.
4. Downtown is the Heart of “America’s Family Community.”
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5. Downtown is a Mixed Use Center which includes Retail, Office, Residential, Entertainment,
Culture and Educational facilities.
6. Downtown is Highly connected to the City, Region and to BYU-Idaho.
7. Downtown is guided by Public-Private Partnerships, including Agencies.
8. Circulation System Manages “Through” & “To” Traffic Strategically.
9. Downtown Way-Finding & Parking Systems are User Friendly.
10. Downtown Hosts a Central Plaza for Community Events & Activities.
11. Downtown is a great Place to Work, Visit, Shop, Learn & Live.
ii. Downtown Development Framework.
The Development Framework that has been identified and
within which the community will pursue a revitalization blueprint is as follows:
1. Define and Focus Development on Target Markets.
2. Emphasize Mixed-Use Development with Ground Floor Retail.
3. Infuse Residential Units Downtown.
4. Build a Sound Parking System for Employees, Customers, Visitors & Residents.
5. Build a Pedestrian & Cycling Pathway Network Linking Key Downtown Nodes.
6. Undertake Infill, Redevelopment, Adaptive Re-Use & Historic Preservation. Implement Urban
Renewal Program.
7. Install Small Business Amenities & Services to Draw this Market.
8. Design the Place of Downtown for America’s Families.
9. Connect to Community & Region with Wayfinding, Gateways, Parking, Amenities & Marketing.
10. Recruit Social Retailers to Reconnect with Major Regional Markets.
11. Emphasize Rexburg’s Rich Heritage in Marketing.
3.17.170. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Section 4.14.
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HIGHWAY BUSINESS ZONES
3.18 Community Business Center (CBC) Zone
3.18.010. Purpose and Objectives
3.18.020. Permitted Uses
3.18.025. Single Ownership and Control
3.18.030. Lot Area
3.18.040. Lot Width
3.18.050. Lot Frontage
3.18.060. Prior Created Lots
3.18.070. Area of Zone
3.18.080. Yard Requirements
3.18.090. Projections into Yards
3.18.100. Building Height
3.18.110. Distance Between Buildings
3.18.120. Permissible Lot Coverage
3.18.130. Parking, Loading and Access
3.18.140. Project Plan Approval
3.18.150. Other Requirements
3.18.160. Commercial Lighting Standards
3.18.010. Purpose and Objectives
The Community Business Center Zone is established to provide an area in which a general shopping center facility
can be established to satisfy the specialty shopping needs of a community or a group of neighborhoods. Each
community shopping center will range in area from five (5) to twenty (20) acres, depending upon the area served
and the range of specialty shops and services provided.
It is intended that the CBC zone will be characterized by specialty shops situated in an attractively designed
shopping center complex surrounded by appropriate landscaping.
The CBC zone will be located adjacent to major thoroughfares or collector streets which will provide immediate
access for automobile traffic without passing through residential areas. Uses permitted in the CBC zone will be
characterized by a junior department store and a supermarket as anchors, and by a wide range of restaurants,
specialty shops and hard goods or soft goods stores
3.18.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the CBC
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
CBC zone:
Permitted Use
(a) That the vehicle rental be limited to passenger cars only.
(b) That the storage of vehicles on site not exceed the parking allocated for the leasable floor
space of the business.
(c) That there is no on-site servicing of the vehicle fleet, including mechanical wash facilities.
Accounting and Bookkeeping Services
Amusement Parks
Apparel and accessories
Arcades
Art and Music Schools
Art Galleries
Athletic Clubs, body building studios, spas, aerobic centers, and gymnasiums
Athletic Fields
Auditoriums, Performing Theaters
Auto and Truck Rental Services
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City of Rexburg Development Code: CBC
Auto washing, polishing, detailing
Auto washing, self-service
Automobile Repair Services
Automobile Wash Services
Automobiles accessories (except tire recapping and vulcanizing)
Banks, insurance, and real estate (offices only)
Barber and Beauty School
Beauty and Barber Shops
Billiard and pool halls
Books, stationary, art, and hobby supplies
Bowling alleys
Building Contractor Offices
Bus Passenger Terminals
Business Associations
Business Schools
Campgrounds and Travel
Carpentering, Wood Flooring Installation
Civil, Social, and Fraternal
Coin-operated amusement or video centers
Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-
of-way activity)
Concrete Services
Consulting Services
Correspondence Schools
Credit and Collection Services
Dance halls - ballrooms
Dancing Schools
Day Care Centers
Dental offices and services
Discount department stores
Drive-in Movies
Driving Schools
Drug and proprietary stores
Drugs, and Druggist Supplies
Dry Goods and Apparel
Duplicating, mailing, stenographic and office services
Eating places (restaurants)
Educational & Scientific Research Services
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the
right-of-way of the activity)
Electrical appliance repair
Electrical Goods
Electrical Repair Services
Electrical Services
Electrical supplies
Employment services
Engineer, architectural and planning services
Engineering and Architectural Services
Equipment Rental and Leasing
Executive, legislative and judicial functions
Fairgrounds
Farm Equipment
Farming, Fibers, Grains, Fruits, Vegetables
Flat Glass, Glassware
Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy products, bakeries,
etc.)
Funeral and Crematory Services
Furniture, home furnishings, and equipment (no combined warehousing)
Garden supplies (entirely within a building only)
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-
way of the activity)
Gas pressure control stations
Gasoline service stations
General Merchandise (Department Variety, etc.)
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City of Rexburg Development Code: CBC
Golf Driving Ranges
Gunsmith
Hardware
Hardware, Plumbing, Heating & Supplies
Heating & Plumbing Equipment
Horticulture Services
Hospitals
Ice dealer (automated machines or pick-up stations only)
Ice Skating
Instruments for Measuring
Irrigation distribution channels
Jewelry
Junior department stores
Labor Organizations
Laboratory & Research Instruments
Laundry & Dry Cleaning, Self-Service
Laundry Pick-up, Shoe Repair, Alteration
Laundry Services
Legal services
Libraries
Lumber Yards and Building Materials
Mail and Phone order houses
Masonry, Stonework, and Plastering
Medical Laboratory Services
Miniature Golf
Miniature golf
Miscellaneous professional services
Miscellaneous retail food establishments
Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet
stores, and other similar retail stores)
Motion picture theaters
Motion Picture Theatres
Motor Vehicles
Museums
New & Used Motor Vehicle
Nursery Schools
Optical Instruments and Lenses
Other Business Services
Other Personal Services
Out-Patient Medical Services
Paint, glass, and wallpaper
Painting, Wall Papering, Decorating
Parking lot – automobile parking lot and garages
Parks (including playgrounds)
Personal services - including photography, beauty and barber services, clothing repair, etc. (except
funeral parlor, cemetery, crematory services, wedding chapels and reception centers only)
Photographic Studios
Physicians’ offices and services
Plant Nurseries
Plumbing, Heating, Air Conditioning
Police protection
Postal services
Pottery & Related Products
Printing, Publishing (including newspapers)
Professional Equipment & Supplies
Professional Membership
Professional, Scientific, Optical Goods
Protective functions and related activities
Radio and Television Repair
Radio Controlled Airplanes
Recreation Centers
Research and Testing Services
Retail trade - general merchandise
Reupholstering and Furniture
Roller Skating
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City of Rexburg Development Code: CBC
Roofing and Sheet-Metal Services
Schools
Seasonal Food Sales (street or roadside stands)
Sewage pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity)
Sewage pumping stations
Shopping Centers, Including Malls
Skiing and Tobogganing
Small Animal Veterinarian Services (totally enclosed)
Special Training and Schooling
Sporting goods, bicycles and toys
Storm drain or right-of-way (predominantly covered pipes or boxes)
Swimming pool supplies
Swimming Pools
Tennis Courts
Travel Agencies
Variety stores
Vehicle Courts
Vehicle rental, with the following limitations:
Video Rental Shops
Vocational Schools
Watch, clock, jewelry repairs, etc.
Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity)
Water pressure control stations and pumping plants
Welfare and Charitable Services
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the CBC zone provided they
are incidental to, and do not substantially alter, the character of the permitted principal use or structure.
Such permitted uses and structures include, but are not limited to, the following:
i. Accessory building such as garages, carports, equipment storage buildings and supply storage
buildings which are customarily used in conjunction with and incidental to a principal use or structure
permitted in the CBC zone.
ii. Storage of materials used for construction of a building, including the contractor’s temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided further that
such use shall be permitted only during the construction period and thirty (30) days thereafter.
d. Conditional Uses.
The following uses and structures may be permitted in the CBC zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof.
Conditional Uses
All Other Wholesale
Auction houses
Building Contractor Storage Yards
Bus Garaging, Equipment Maintenance
Call Centers
Churches, Synagogues, Temples
Debris basin (A dam and basin for intercepting debris)
Dwelling and building services (not dwelling units)
Electric Generation Plants, Utility
Electrical Machinery, Equipment Supplies
Electricity regulating substations
Farm Products, Grain
Food Lockers
Furniture repair
Go-Cart Tracks, Four-Wheeler Tracks
Household Goods Warehousing and Storage
Ice skating
Kennels
Laundry and Dry Cleaning (includes self-service laundries)
Miscellaneous small item repair
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City of Rexburg Development Code: CBC
Motels and motor hotels
Motor Freight Garaging and Maintenance
Motor Freight Terminals
Natural or manufactured gas storage; distribution points
Nursing Home
Other Communication Facilities
Other gas utilities, NEC
Personal services (wedding chapels and reception centers only)
Police protection and related activities, branch (Office only)
Radio and TV Transmitting Stations and Towers
Radio, Television Broadcasting Station
Railroads, Including Terminals and Yards
Refrigerated Warehousing
Riding Stables
Roller skating and Skate Boarding
Saw, knife, and tool sharpening
Single-family Dwelling
Skate Park
Small generation
Spreading grounds (Area for percolating water into underground)
Stadiums, Arenas, and Field Houses
Telephone Exchange Stations, Microwave Towers.
Water storage as part of a utility system (covered including water storage standpipes)
3.18.030. Lot Area
The minimum area if any lot or parcel of land in the CBC zone shall be five (5) acres; however, smaller lots or
parcels may be created as part of an approved and recorded Record of Survey, as specified in City Code. Said land
shall be in single ownership or single control for integrated development.
3.18.040. Lot Width
Each lot or parcel of land in the CBC zone shall have an average width of not less than five hundred (500) feet;
however, narrower lots or parcels may be created as part of an approved and recorded Record of Survey.
3.18.050. Lot Frontage
Each lot or parcel of land in the CBC zone shall abut on a public street for a minimum distance of five hundred
(500) feet, on a line parallel to the centerline of said street; however, lots or parcels with lesser frontage may be
created as part of an approved and recorded Record of Survey. A portion of said frontage may be along the
circumference of a cul-de-sac improved to City standards; however, the primary access for a community shopping
center shall not be provided from a cul-de-sac street.
3.18.060 Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building Permit solely for reason of nonconformance with the above parcel requirements of this Chapter.
3.18.070. Area of Zone
Each single CBC (Shopping Center) zone shall contain a minimum of five (5) acres and a maximum of twenty (20)
acres. A rezone of less than 5 acres is allowed when it is adjacent to existing CBC zoning. The CBC zone shall not
be applied to an existing commercial area which does not meet these area requirements, and shall not be applied to
an existing commercial development which has not been designed and constructed as an integrated community
shopping center.
3.18.080. Yard Requirements
The following minimum yard requirements shall apply in the CBC zone:
a. Front Yard.
Each lot or parcel in the CBC zone shall have a front yard of no less than ten (10) feet. Said
front yard shall not be used for vehicular parking and shall be appropriately landscaped.
b. Side Yard.
Except as provided in the Rexburg Building Code, each lot or parcel of land in the CBC zone
shall have a side yard of at least ten (10) feet when located adjacent to a residential zone. There shall be no
requirement in those instances where the side property line abuts a commercial or industrial zone.
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City of Rexburg Development Code: CBC
c. Side Yard.
Accessory Building. An accessory building may be located on a side property line if, and only
if, all of the following conditions are met:
i. The accessory building is located more than ten (10) feet from any main residential building on an
adjacent property.
d. Rear Yard.
No requirement.
e.Storage Units.
In this zone, all storage units are required to be built internally to a lot. During the
"Conditional Use Permit" proceedings, the applicant shall show how the storage units are being buffered
from any street rights-of-way and neighboring properties. For example, the most desirous buffering would
be commercial buildings. Areas of landscaping greater in distance than the required yard setbacks should
be included. These landscaped areas would need large nursery stock shrubs and trees to act as buffering.
The landscaping and use of landscaping must be approved by the Planning and Zoning Commission.
3.18.090. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or project into any required yard,
except required driveways:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements, including trees, shrubs, turf, and other plant material.
iii. Necessary appurtenances for utility services.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet, except that
required driveways shall remain unobstructed from the ground up.
i. Belt course, sills, buttresses, or other similar architectural features.
ii. Fireplace structures and bays provided they are not wider than eight (8) feet and are generally parallel
to the wall of which they are a part.
iii. Door stoops, fire escapes, and planter boxes of masonry planters not exceeding twenty-four (24) inches
in height.
iv. Carports and loading docks in a side yard, or rear yard provided that such a structure is not more than
one (1) story in height, and are entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features.
3.18.100. Building Height
No lot or parcel of land in the CBC zone shall have a building or structure which exceeds a height of sixty-five (65)
feet, measured at the top of building’s horizontal wall. Chimneys, flagpoles, or similar structures not used for
human occupancy are excluded in determining height.
3.18.110. Distance Between Buildings
As required by the Building Code.
3.18.120. Permissible Lot Coverage
a. Building Coverage.
In a CBC zone in which a majority of the perimeter is contiguous to residential zones,
all buildings and structures shall not cover an area of more than seventy (70) percent of the lot or parcel of
land upon which they are placed.
b. Landscaping.
In addition to required landscaping, all unpaved areas shall be landscaped.
3.18.130. Parking, Loading and Access
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City of Rexburg Development Code: CBC
Each lot or parcel in the CBC zone shall have on the same lot or parcel automobile parking sufficient to meet the
requirements as set forth in Chapter 5. When possible, connectivity through parking lots of adjacent properties is
required.
All parking spaces shall be paved with asphalt cement or concrete, and shall be provided with adequate drainage
which shall not run across a public sidewalk.
Parking spaces and drive aisles, except ingress/egress points, shall not be provided within a required front yard
adjacent to a public street without a minimum 10’ wide landscape buffer.
Loading spaces shall be provided unless applicant provides information to staff identifying acceptable alternate
means. When the use of a building changes, loading spaces will be required unless applicant provides information
to staff identifying acceptable alternate means.
3.18.140. Project Plan Approval
All Project plans for projects in the CBC Zone must be prepared and engineered by A/E professionals. They shall be
submitted for review and approval from conception on by the Architectural and Design Review Boards if the plans
do not meet the design standards in Section 4.13… The professional engineered plans (including drainage) and
specifications must be reviewed by the Development Review Committee. Drainage on to an adjacent lot not owned
by applicant is not allowed.
3.18.150. Other Requirements
a. Highway 20 Corridor.
All development adjacent to the Highway 20 right-of-way must submit a site plan
meeting the requirements of Section 4.7.iv. to the Planning and Zoning Commission and be approved by
the Commission prior to obtaining a Building Permit.
b. Signs.
All signs erected in the CBC zone shall be in conformance with the sign provision of this Title, and
shall be in general compliance with the typical sign program approved by the Planning and Zoning
Commission under the provisions of the Rexburg City Code.
c. Uses Within Buildings.
All uses established in the CBC zone shall be conducted entirely within a fully
enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and
appropriately conducted in the open. Such uses may include, but would not be limited to, service stations,
equipment rental, ice skating, miniature golf, etc.
d. Landscaping
. A minimum of ten (10) percent of the site shall be landscaped.
e. Trash Storage.
Trash shall be stored in screened areas that are not visible from streets. Materials and
location of the screened areas shall be reviewed and approved by Committee Development Director or
Designee prior to installation. Materials used for screening should be consistent with the predominant
material found in the exterior construction of the building used by the business served. However, as a
minimum, a vinyl fence will be allowed.
f. Walls and Fences.
i. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be
maintained within a required front yard in a CBC zone.
ii. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which
lie adjacent to a residential zone. In the case where there is mutual agreement between the property
owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be
modified to allow other suitable materials. A signed agreement must be submitted to the Planning and
Zoning Commission or its designee, indicating this agreement, the vinyl fence will be required.
g. Transitional Development Standards.
Where a lot or parcel borders a residential zone, the standards of
the residential zone shall apply with regards to setbacks and building heights within a fifty (50) foot
distance of that zone.
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City of Rexburg Development Code: CBC
3.18.160. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Section 4.14.
Page 104 of 352
City of Rexburg Development Code: RBC
3.19 Regional Business Center (RBC) Zone
3.19.010. Purpose and Objectives
3.19.020. Permitted Uses
3.19.025. Single Ownership and Control
3.19.030. Lot Area
3.19.040. Lot Width
3.19.050. Lot Frontage
3.19.060. Prior Created Lots
3.19.070. Area of Zone
3.19.080. Yard Requirements
3.19.090. Projections into Yards
3.19.100. Building Height
3.19.110. Distance Between Buildings
3.19.120. Permissible Lot Coverage
3.19.130. Parking, Loading and Access
3.19.140. Project Plan Approval
3.19.150. Other Requirements
3.19.160. Architectural Design Standards
3.19.170. Commercial Lighting Standards
3.19.010. Purpose and Objectives
The RBC zone is established to provide a district in which the primary use of the land is for commercial and service
uses to serve needs of people living in an entire region and to serve as a place of employment in pleasant
surroundings close to the center of the regional population it is intended to serve. This shopping center zone should
have a minimum site area of twenty (20) acres to serve a population of at least twenty thousand (20,000). The RBC
zone should be located close to freeways and adjacent to major arterials to provide convenient access for major
traffic volumes without hazard and without traversing through a residential area. It is intended that this zone shall
be characterized by a variety of stores, shops, and service buildings grouped into an integrated development.
Required yards and areas surrounding buildings shall be attractively landscaped and maintained in harmony with the
characteristics of the surrounding residential areas. The uses characteristic of this zone will be large chain
department stores with satellite shops and facilities serving an extremely wide range of goods and services with an
equally large selection of types and styles. The typical uses allowed in the zone will include virtually the whole
range of retail and service establishments which can be attractively accommodated within a unified shopping center
complex.
3.19.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the RBC
zone.
b. Numbered Listings.
All uses contained herein are listed by number as designated in the Standard Land
Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified
by a four (4) digit number in which all digits are whole numbers. Classes or groupings of such uses
permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are
zeros.
c. Uses.
All such categories listed herein and all specific uses contained within them in the Standard Land
Use Code will be permitted in the RBC zone, subject to the limitations set forth herein.
d. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
RBC zone:
Permitted Uses
Apparel and accessories
Athletic clubs, body building studios, Spas, aerobic centers, and gymnasiums
Automobile accessories (except tire recapping and vulcanizing)
Banks, insurance and real estate (office only)
Page 105 of 352
City of Rexburg Development Code: RBC
Beauty Schools
Books, stationery, art and hobby supplies
Bowling alleys
Building maintenance
Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-
of-way activity)
Dance studios and schools
Data processing services
Day Care Center
Dental offices and services
Department stores (includes major and junior chain department stores)
Discount department stores
Drug and proprietary stores
Duplicating, mailing, stenographic and office services
Eating places (restaurants)
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the
right-of-way of the activity)
Electrical supplies
Employment services
Engineering, architectural, and planning services
Executive, legislative, and judicial functions
Food stores (groceries, meats and fish, fruits and vegetables, candy, nuts, dairy, bakeries, etc.)
Furniture, home furnishings, and equipment (no combined ware-housing)
Garden supplies (entirely within a building only)
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-
way of the activity)
Gas pressure control stations
Gasoline service stations
Gunsmiths
Hardware
Ice dealers (automated machines or pick-up stations only)
Ice Skating
Irrigation distribution channels
Jewelry
Legal services
Libraries
Locksmiths and key shops
Mail and Phone order houses
Merchandise vending machine operators
Miscellaneous retail food establishment
Miscellaneous retail stores (includes florists, cigars, newspapers and magazines, photo supplies, pet
stores, and other similar retail stores)
Motels and automobile travel courts
Motor vehicles, automobiles - new car sales and used car sales which will be permitted only as an
accessory use to new car sales
Motor vehicles, trucks and buses - new vehicle sales and used vehicles sales permitted only as an
accessory use to new truck and bus sales.
Nursery Schools
Paint, glass and wallpaper
Personal services - including photography, beauty and barber services, clothing repair, etc. (except
funeral and crematory services, wedding chapels and recreation centers only)
Physicians’ offices and services
Postal services
Professional services
Protective functions and related activities
Retail trade - general merchandise
Roller Skating and Skate Boarding
Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way
activity)
Sewage pumping stations
Sporting goods, bicycles, and toys
Storm drain or right-of-way (predominantly covered pipes or boxes)
Swimming pool supplies
Tourist courts
Page 106 of 352
City of Rexburg Development Code: RBC
Travel Agencies
Variety stores
Video Rental Shops
Watch, clock, jewelry repair, etc.
Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity.
Water pressure control stations and pumping plants
e. Permitted Accessory Uses.
Accessory uses are permitted in the RBC zone provided they are incidental to,
and do not substantially alter, the character of the permitted principal use or structure. Such permitted
accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, equipment storage and supply storage buildings which
are customarily used in conjunction with and incidental to a principal use or structure permitted in the
RBC zone.
ii. Storage of materials used for construction of a building, including a contractor's temporary office,
provided that such use be located on the building site or immediately adjacent thereto, and provided
further that such use shall be permitted only during the construction period and thirty (30) days
thereafter.
f. Conditional Uses.
The following uses and structures may be permitted in the RBC zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof.
Conditional Uses
Antiques (no outside display)
Auction houses
Auto washing and polishing
Billiard and pool halls
Bottled gas
Coin-operated amusements or video center
Communications
Dance Halls, Ballroom
Debris basin (A dam and basin for intercepting debris)
Dwelling and building services (not dwelling units)
Electrical appliance repair
Electricity regulating substations
Equipment rental (indoor only)
Funeral parlors
Furniture repair
Hotels
Laundry and Dry Cleaning (includes self-service laundries)
Liquor, package
Miniature golf
Miscellaneous business services
Miscellaneous small item repair
Motion Picture Theaters
Motorcycles, motor scooter parts, accessories, supplies
Natural or manufactured gas storage; distribution points
Other gas utilities, NEC
Personal services (wedding chapel and reception centers only)
Police Protection and related activities, branch (office only)
Saw, knife, and tool sharpening
Small Generation
Spreading grounds (Area for percolating water into underground)
Surplus store
Vehicle rental (passenger auto-mobiles only)
Water storage as part of a utility system (covered including water storage standpipes)
Page 107 of 352
City of Rexburg Development Code: RBC
3.19.025. Single Ownership and Control
Land within a given RBC zone shall be in single ownership or single control in order to provide for integrated
development unless requested and approved by the Rexburg City Council. The term "single control" shall be
construed to allow the recording of a Record of Survey which is in conformance with the "Final Development
Plans," the "Final Approval by Mayor," the "Standards and Requirements," and the "Guarantees and Covenants"
sections of the Planned Development Chapter of Rexburg City Code). The Record of Survey must be approved and
recorded prior to the issuance of any building permits and must be in compliance with all applicable sections of the
Rexburg City Code and other Building Codes adopted by Rexburg City. Failure to maintain single ownership or
single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the
establishment of the RBC zone.
3.19.030. Lot Area
The minimum area of any lot or parcel of land in the RBC zone shall be twenty (20) acres; however, smaller lots or
parcels may be created as part of an approved and recorded Record of Survey, as specified in Rexburg City Code.
Said land shall be in single ownership or single control for integrated development.
3.19.040. Lot Width
Each lot or parcel of land in the RBC zone shall have an average width of not less than seven hundred (700) feet;
however, narrower lots or parcels may be created as part of an approved and recorded Record
of Survey, as specified in Rexburg City Code.
3.19.050. Lot Frontage
Each lot or parcel of land in the RBC zone shall abut on a public street for a minimum distance of five hundred
(500) feet on a line parallel to the centerline of said street; however, lots or parcels with lesser frontage, or no
frontage on a public street, may be created as part of an approved and recorded Record of Survey which conforms to
provisions specified in Rexburg City Code. A portion of the lot frontage may be along the circumference of a cul-
de-sac improved to City standards; however, the primary access to a regional shopping center shall not be provided
from a cul-de-sac street.
3.19.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter.
3.19.070. Area of Zone
Each single RBC (Business Center) zone shall contain a minimum of twenty (20) acres. The RBC zone shall not be
applied to an existing commercial area which does not meet these area requirements and shall not be applied to an
existing commercial area which has not been designed and constructed as an integrated regional shopping center.
3.19.080. Yard Requirements
The following minimum yard requirements shall apply in the RBC zone:
a. Front Yard.
Each lot or parcel in the RBC zone shall have a front yard of not less than twenty (20) feet.
Said front yard shall not be used for vehicular parking and shall be appropriately landscaped.
b. Side Yard.
Each lot or parcel of land in the RSC zone shall have a side yard of at least ten (10) feet when
located adjacent to a residential zone. There shall be no requirements in those instances where the side
property line abuts a commercial or industrial zone.
c. Side Yard.
Accessory Building. An accessory building may be located on a side property line if, and only
if, all of the following conditions are met:
i. The accessory building is located more than ten (10) feet from any main residential building on an
adjacent property.
d. Rear Yard.
Each lot or parcel of land in the RSC zone shall have a side yard of at least ten (10) feet when
located adjacent to a residential zone. There shall be no requirements in those instances where the rear
property line abuts a commercial or industrial zone.
Page 108 of 352
City of Rexburg Development Code: RBC
3.19.090. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or project into any required yard,
except they may not obstruct a required driveway:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements, including trees, shrubs, and other plants.
iii. Necessary appurtenances for utility services.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet, except that
they may not obstruct a required building.
i. Belt courses, sills, buttresses, or other similar architectural features.
ii. Fireplace structures and bays, provided they are not wider than eight (8) feet and are generally parallel
to the wall of which they are a part.
iii. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches
in height.
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features.
3.19.100. Building Height
No lot or parcel of land in the RBC zone shall have a building or structure which exceeds a seventy-five (75) feet in
height, measured at the top of building’s horizontal wall. Chimneys, flagpoles, or similar structures not used for
human occupancy are excluded in determining height.
3.19.110. Distance Between Buildings
The minimum distance between any accessory building and a main building on a lot in the RBC zone shall not be
less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition of
the Building Code as adopted by the Rexburg City Council.
3.19.120. Permissible Lot Coverage
In an RBC zone, all buildings and structures shall not cover an area of more than thirty (30) percent of the lot or
parcel of land upon which they are placed. A minimum of 10% landscaping is required.
3.19.130. Parking, Loading, and Access
Each lot or parcel in the RBC zone shall have on the same lot or parcel automobile parking sufficient to meet the
requirements as set forth in Rexburg City Code.When possible, connectivity through parking lots of adjacent
properties is required.
All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with adequate drainage
which shall not run across a public sidewalk.
Parking spaces and drive aisles, except ingress/egress points shall not be provided within a required front adjacent to
a public street.
Loading spaces shall be provided unless applicant provides information to staff identifying acceptable alternate
means. When the use of a building changes, loading spaces will be required unless applicant provides information
to staff identifying acceptable alternate means.
Page 109 of 352
City of Rexburg Development Code: RBC
3.19.140. Project Plan Approval
All Project plans for projects in the RBC Zone must be prepared and engineered by A/E professionals and be
submitted for review and approval from conception on by the Architectural and Design Review Boards, followed by
professional engineered plans (including drainage) and specifications for review by the Development Review
Committee Drainage on to an adjacent lot not owned by applicant is not allowed.
3.19.150. Other Requirements
a. Highway 20 Corridor.
All development adjacent to the Highway 20 right-of-way must submit a site plan
meeting the requirements of Section 4.7.iv. to the Planning and Zoning Commission and be approved by
the Commission prior to obtaining a Building Permit.
b. Signs.
All signs erected in the RBC zone shall be in conformance with the sign ordinance and shall be in
general compliance with the typical sign program approved by the Planning and Zoning Commission.
Large scale developments of at least fifty (50) acres or more having no direct vehicular access to an arterial
street shall be entitled to two (2) additional free standing, development entrance signs subject to the
following standards:
i. Sign copy shall be limited to the name, logo and address of the development.
ii. Sign location sign shall be limited to the immediate area where a secondary road connects to an arterial
road whether on private or public property.
iii. A sign may be located in a landscaped or concrete median in city-owned right-of-way subject to (i)
issuance of an encroachment permit and (ii) resolution of all sight safety issues.
iv. Sign size shall be limited to one hundred (100) square feet.
v. Sign height shall be limited to twenty (20) feet.
vi. No more than two such signs shall be permitted.
vii. Sign area shall be calculated as a part of the overall free standing sign allowances for signs over five
(5) feet. For the purpose of this subsection the phrase “no direct vehicular access to an arterial street”
shall mean a development project that (i) has no drive entrances directly from an arterial into the
development, (ii) has no frontage on an arterial road, or (iii) must be accessed from a secondary road.
c. Uses Within Buildings.
All uses established in the RBC zone shall be conducted entirely within a fully-
enclosed building except those uses deemed by the Planning and Zoning Commission to be customarily and
appropriately conducted in the open. Such uses may include, but would not be limited to, service stations,
ice skating, miniature golf, etc.
d. Landscaping.
A minimum of ten (10) percent of the site shall be landscaped. In addition, all unpaved
areas shall be landscaped.
e. Trash Storage.
Trash shall be stored in screened areas that are not visible from streets. Materials and
location of the screened areas shall be reviewed and approved by Committee Development Director or
Designee prior to installation.
f. Walls and Fences.
i. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be
maintained within a required front yard in an RSC zone.
ii. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which
lie adjacent to a residential zone. In the case where there is mutual agreement between the property
Page 110 of 352
City of Rexburg Development Code: RBC
owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be
modified to allow other suitable materials. A signed agreement must be submitted to the Planning and
Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual
agreement, the vinyl fence will be required.
g. Transitional Development Standards.
Where a lot or parcel borders a residential zone, the standards of
the residential zone shall apply with regards to setbacks and building heights within a fifty (50) foot
distance of that zone.
3.19.160 Architectural Design Standards
Architectural design requirements are found in Chapter 4.13 Commercial Design Standards.
3.19.170. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Section 4.14.
Page 111 of 352
City of Rexburg Development Code: LI
3.20 Light Industrial District (LI)
3.20.010. Purpose and Objectives
3.20.020. Permitted Uses
3.20.030. Lot Area
3.20.040. Lot Width
3.20.050. Lot Frontage
3.20.060. Prior Created Lots
3.20.070. Area of Zone
3.20.080. Yard Requirements
3.20.090. Projections into Yards
3.20.100. Building Height
3.20.110. Distance Between Buildings
3.20.120. Permissible Lot Coverage
3.20.130. Parking, Loading, and Access
3.20.140. Project Plan Approval
3.20.150. Other Requirements
3.20.160. Commercial Lighting Standards
3.20.010. Purpose and Objectives
The LI 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 Industrial, supply yards, and construction yards are compatible
with this district.
The LI District is established to provide areas in the City where Light Industrial firms can engage in processing,
assembling, manufacturing, warehousing, and storage; and for incidental service facilities and public facilities to
serve the manufacturing area. The zone is intended to encourage sound development by providing and protecting an
environment for such development, subject to regulations necessary to assure the orderly growth of the City of
Rexburg, and the protection of residential and commercial land uses from noise and other disturbances. This zone is
to be characterized by flat, open land suited for industrial uses because of the proximity to major transportation
routes and the availability of utilities necessary for successful manufacturing or processes. The areas in which this
zone will be applied may provide for land reserves for industrial and manufacturing use. Some land may therefore
be placed in agricultural and other open land uses until its industrial and manufacturing potential is realized.
Representative of the uses within the zone are Light Industrial, fabrication, processing, storage warehousing, and
wholesale distribution. Uses which generate excessive noise, vibration, smoke, odor, dust, fumes, or danger of
explosion have been excluded from this zone. The basic objectives of the LI zone are:
(1) To provide space for Light Industrial and processing uses within the City in appropriate locations and to
discourage uses from locating within this zone which will tend to deteriorate light manufacturing environment, and
thwart the use of land for light industrial purposes.
(2) To broaden the tax base and improve the economic base of the community.
(3) To promote new industry to the end that the economic and social well-being of the City and its inhabitants shall
be enhanced.
(4) To discourage the undesirable mixture of incompatible commercial, industrial, and residential uses.
3.20.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others are permitted in the LI zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
LI zone:
Permitted Uses
Advertising services
Agriculture
Aircraft and accessories
Animal hospital services
Page 112 of 352
City of Rexburg Development Code: LI
Apparel and other finished products made from fabrics, leather, etc. (except leather tanning and
finishing)
Athletic clubs, body building studios, spas, aerobic centers,
Bakery products
Bottling and canning soft drinks and carbonated waters
Building materials, hardware, farm equipment, and supplies
Business services
Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-
of-way activity)
Communications
Confectionery and related products
Contract construction services (not open construction storage yards)
Converted paper and paperboard products (except containers and boxes)
Cut stone and stone products
Cutlery, hand tools, and general hardware
Draperies, curtains, and upholstery
Duplicating, mailing, stenographic, and office services
Dwelling and other building services
Educational services
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the
right-of-way of the activity)
Electric utility company office
Electrical appliance repair
Farm and construction vehicles
Flat glass
Frozen fruits, fruit juices, vegetables, etc.
Furniture and fixtures
Gas and electric utility company office
Gas company office
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-
way of the activity)
Gas pressure control stations
Gasoline service stations
Glass and glassware (pressed or blown)
Irrigation distribution channels
Marine craft and accessories
Metal working machinery and equipment (tool and dye shops, machine shops, etc.)
Miscellaneous machinery
Miscellaneous manufacturing (except matches and morticians' goods)
Miscellaneous transportation, communication, and utilities
Motor vehicle transportation
Motor vehicles, automobiles (used only)/retail trade
New & Used Motor Vehicle
New and used car sales
New and used house trailers and campers
Office machines (small)
Operations centers (not open storage yards)
Other agricultural-related activities
Other electric utility, NEC
Parking lot – automobile parking lot and garages
Perfumes, cosmetics, and other toilet preparations
Pottery and related products
Printing ink
Printing, publishing, and allied industries
Professional, scientific, and controlling instruments; photo-graphic and optical goods; watches and
clocks (except film manufacturing)
Railroads, rapid-rail transit, and street railway transportation (except bus passenger terminals)
Refuse disposal company office
Repair services
Roller Skating and Skate Boarding
Rubber footwear
Sewage company office
Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way
activity)
Page 113 of 352
City of Rexburg Development Code: LI
Sewage pumping stations
Storm drain or right-of-way (Predominantly covered pipes or boxes)
Textile mill products (except tire cord and fabric)
Veterinarian services
Warehousing or storage services
Water and electric utility company office
Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity.
Water pressure control stations and pumping plants
Water utilities or irrigation company office
Wholesale trade via retail method
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the LI zone provided they are
incidental to, and do not substantially alter, the character of the principal use or structure. Such permitted
accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, equipment storage buildings, and supply storage
buildings which are customarily used in conjunction with and incidental to a principal use or structure
permitted in the LI zone.
ii. Storage of materials used for construction of buildings, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided further that
such use shall be permitted only during the construction period and thirty (30) days thereafter.
iii. Caretaker dwellings are allowed on a case by case basis as approved by the City of Rexburg Planning
and Zoning Commission. Detailed plans are required.
d. Conditional Uses.
The following uses and structures may be permitted in the LI zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof.
Conditional Uses
Accounting, auditing, book-keeping services, Management Investment Offices, Open-End Police
protection and related activities, branch (office only)
Call Centers
Canning - fruits, vegetables, preserves, jams, etc.
Canning - specialty foods
Combination utilities company storage yards and equipment storage
Combination utilities, NEC
Dairy products
Dance halls
Day Care Centers
Debris basin (a dam and basin for intercepting debris)
Drugs
Electricity regulating substations
Fabricated wire products
Furniture, home furnishings, and equipment (only in conjunction with an attached
Heliport (pad only without maintenance facilities)
Industrial inorganic chemicals (includes air separation facilities)
Industrial laundry services
Legal services
Low power radio communication towers and antennas
Miscellaneous business services
Miscellaneous fabricated rubber products
Miscellaneous plastic products
Miscellaneous wholesale trade
Natural or manufactured gas storage; distribution points
Nonferrous foundries (small item casting only)
Nursery Schools
Other gas utilities, NEC
Other sewage disposal, NEC
Other utilities, NEC
Other water utilities or irrigation, NEC
Page 114 of 352
City of Rexburg Development Code: LI
Plastic materials, synthetic resins, and non-vulcanizable elastomers
Poultry and small game dressing and packing
Refuse disposals
Restaurants
Small generation
Spreading grounds (area for percolating water into underground)
warehousing operation)
Water reclamation plants, sludge drying beds etc.
Water storage as part of a utility system (covered including water storage standpipes)
Water treatment plants (purification)
3.20.030. Lot Area
The minimum area of any lot or parcel of land in the LI zone shall be ½ acre.
3.20.040. Lot Width
Each lot or parcel of land in the LI zone shall have an average width of not less than fifty (50) feet.
3.20.050. Lot Frontage
Each lot or parcel of land in the LI zone shall abut a public street for a minimum distance of thirty-five (35) feet on a
line parallel to the centerline of said street or along the circumference of a cul-de-sac improved to City standards.
3.20.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.20.070. Area of Zone
No requirements except that an orderly development pattern following good planning principals shall be used.
3.20.080. Yard Requirements
The following minimum yard requirements shall apply in the LI zone:
a. Front Yard.
Each lot or parcel in the LI zone shall have a landscaped front yard of not less than ten (10)
feet,
b. Side Yard.
No requirement, except as provided in Subsections (3), (4), and (5) of this section, and except
where adjoining a residential zone, school, or park, in which case a side yard of not less than twenty (20)
feet shall be required.
c. Side Yard.
Accessory Building. An accessory building may be located on a side property line if, and only
if, all of the following conditions are met:
i. The accessory building has no openings on the side which is contiguous to the property line, and the
wall of said building adjacent to the property line has a two (2) hour fire retardant rating.
d. Rear Yard.
No requirement, except as provided in Subsections (3), (4), and (5) of this section, and except
where adjoining a residential zone, school, or park, in which case a rear yard of not less than twenty (20)
feet shall be required.
e. Rear Yard.
Accessory Building.An accessory building may be located on a rear property line if, and
only if, the following conditions are met:
i. The accessory building, if adjacent to a residential use or zone, shall not exceed ten (10) feet in height,
nor two hundred (200) square feet. Larger accessory buildings shall meet the standard rear yard
setback for principle buildings in the LI zone.
Page 115 of 352
City of Rexburg Development Code: LI
3.20.090. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into the required front
yard:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances,
which includes height limitations.
ii. Landscape elements, including trees, shrubs, turf, and other ornamental landscaping materials.
iii. Necessary appurtenances for utility service.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard not more than four (4) feet, into a minimum side yard not more than two (2) feet, except that required
driveways shall remain unobstructed from the ground up.
i. Belt courses, sills, buttresses, or other similar architectural features.
ii. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches
in height.
3.20.100. Building Height
The height of every building or structure hereafter designed, erected, or structurally altered or enlarged, shall
conform to the requirements of the most recent edition of the Rexburg Building Code as adopted by Rexburg City,
and shall not exceed 55-feet in height, measured at the top of building’s horizontal wall.
3.20.110. Distance Between Buildings
No requirement except as may be dictated by the latest edition of the Rexburg Building Code as adopted by Rexburg
City.
3.20.120. Permissible Lot Coverage
No requirement, except as may be dictated by off-street parking requirements and landscaping.
3.20.130. Parking, Loading, and Access.
Each lot or parcel of land in the LI zone shall have on the same lot or parcel automobile parking sufficient to meet
the requirements as set forth in Chapter 5.When possible, connectivity through parking lots of adjacent properties is
required.
All parking spaces shall be paved with asphaltic cement or concrete and shall be provided with paved access from a
public street.
Said spaces shall be provided with adequate drainage which shall not run across a public sidewalk.
Loading spaces shall be provided as required by the Planning and Zoning Commission, using as a guide a standard
of one (1) such space per ten thousand (10,000) square feet of gross floor area. When the use of a building changes,
loading spaces will be required unless applicant provides information to staff identifying acceptable alternate means.
3.20.140. Project Plan Approval
All Project plans for projects in the LI Zone must be prepared and engineered by A/E professionals and be submitted
for review and approval from conception on by the Community Development Director or Designee, followed by
professional engineered plans (including drainage) and specifications for review by the Development Review
Committee. Drainage on to an adjacent lot not owned by applicant is not allowed.
3.20.150. Other Requirements
a. Highway 20 Corridor.
All development adjacent to the Highway 20 right-of-way must submit a site plan
meeting the requirements of Section 4.7.iv. to the Planning and Zoning Commission and be approved by
the Commission prior to obtaining a Building Permit.
Page 116 of 352
City of Rexburg Development Code: LI
b. Signs.
All signs erected in the LI zone shall be in conformance with the sign provisions of this Title, and
or/ The Sign Code of the City of Rexburg, ID
c. Uses Within Buildings.
All uses established in the LI zone shall be conducted entirely within fully-
enclosed buildings, except those uses deemed by the Planning and Zoning Commission to be customarily
and appropriately allowed in the zone by a conditional use permit with appropriate screening.
d. Trash Storage.
i. Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses
shall not be visible from public or private rights-of-way.
ii. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be
located within required set-back.
e. Walls and Fences.
ii. No wall, fence, or opaque hedge or screening material shall be placed or erected within an area which
would restrict the sight distance for vehicular traffic in the public right-of-way. The clear-vision area
as defined in the Rexburg City Codes shall be maintained for clear visibility as required by the Section.
iii. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which
lie adjacent to a residential zone. In the case where there is mutual agreement between the property
owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be
modified to allow other suitable materials. A signed agreement must be submitted to the Planning and
Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual
agreement, the vinyl fence will be required.
3.20.160. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Section 4.14.
Page 117 of 352
City of Rexburg Development Code: HI
3.21 Heavy Industrial District (HI)
3.21.010. Purpose and Objectives
3.21.020. Permitted Uses
3.21.030. Lot Area
3.21.040. Lot Width
3.21.050. Lot Frontage
3.21.060. Prior Created Lots
3.21.070. Area of Zone
3.21.080. Yard Requirements
3.21.090. Projections into Yards
3.21.100. Building Height
3.21.110. Distance Between Buildings
3.21.120. Permissible Lot Coverage
3.21.130. Parking, Loading, and Access
3.21.140. Project Plan Approval
3.21.150. Other Requirements
3.21.160. Commercial Lighting Standards
3.21.010. Purpose and Objectives
The HI District is established to provide areas in the community where heavy industrial, manufacturing, and
extractive uses may be located in an environment which protects them from the encroachment of commercial and
residential uses, and which reduces the effect of undesirable characteristics such as odor, dust, and noise upon
surrounding residential or commercial areas. The zone is also intended to provide for the development of incidental
service facilities such as restaurants, service stations, and public facilities intended primarily to serve the industrial
area. The HI (Heavy Industrial) zone should be located in areas which are readily accessible to railroads and major
highway routes. Truck traffic generated by the HI zone shall not be required to ingress and egress from industrial
areas through a residential area or commercial district. Said zone shall also be located in areas which will insure the
purity of air and waters within Rexburg City and will not create hazards to nearby residential, commercial, or Light
Industrial areas as the result of noise, dust, fumes, or other disturbances.
The Heavy 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, manufacturing, supply yards, and construction yards are
compatible with this district. Zone accommodates heavy industrial uses which may produce some glare, dust,
smoke, noise and odor through a conditional use permit (CUP) to assure that land use conflicts are minimized.
The HI (Heavy Industrial) zone will be characterized by the location of open and enclosed manufacturing,
processing, and assembly uses which may potentially create hazards, nuisances, or disturbances. These uses will be
located in areas which will reduce the effects of these characteristics upon other areas of the community, and in an
environment which is attractive but which recognizes the characteristics of the permitted uses. Some peripheral
landscaping will be provided, where appropriate, to reduce the effects of the detrimental characteristics of permitted
uses, and to enhance the appearance of the entire HI zone.
3.21.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the HI zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
HI zone:
Permitted Uses
Agricultural processing
Animal husbandry services
Animal specialties
Athletic clubs, body building studios, spas, aerobic centers (no gymnasiums)
Auction yard
Page 118 of 352
City of Rexburg Development Code: HI
Building maintenance materials
Building materials (except lumber)
Chemicals and allied products (except explosives and fireworks only)
Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-
of-way activity)
Commercial Printing
Communications (except low power radio communication towers and antennas)
Contract construction services
Educational services
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the
right-of-way of the activity)
Fabricated metal products (except ordinate and accessories)
Farm and construction vehicles
Farm equipment
Farm machinery and equipment
Farm products (raw materials)
Film manufacturing
Food and kindred products (except meat packing and animal and marine fats and oils)
Gas and electric utility company office
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-
way of the activity)
Gas pressure control stations
Hay, grains, and feed
Heating and plumbing equipment
Industrial laundry services
Irrigation distribution channels
Janitorial supplies
Leather tanning and finishing
Livestock
Lumber and construction materials
Lumber and wood products
Lumber yards
Matches
Metals and minerals (except petroleum products and scrap)
Military facilities
Miscellaneous transportation, communications, and utilities
Miscellaneous wholesale trade as determined appropriate by the Planning and Zoning Commission
Morticians' goods
Motor vehicle transportation
Nonferrous forgings
Nonferrous foundries
Operation centers
Other farm and garden supplies as deemed appropriate by the Planning and Zoning Commission
Other miscellaneous manufacturing as determined by the Planning and Zoning Commission
Paper and allied products (except pulp)
Parking lot – automobile parking lot and garages
Petroleum bulk stations and terminals
Railroad, rapid-rail transit, etc.
Repair Services
Sewage company office
Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way
activity)
Sewage pumping stations
Storm drain or right-of-way (predominantly covered pipes or boxes)
Tire cord and fabric
Utilities (except electric generation plants-conventional fuel including hydro-electric, solar, etc.),
electric generation plants - nuclear energy)
Warehousing or Storage Services
Water and electric utility company office
Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity.
Water pressure control stations and pumping plants
Water utilities or irrigation company office
Page 119 of 352
City of Rexburg Development Code: HI
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the HI zone provided they are
incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such
permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, equipment storage buildings, and supply storage
buildings which are customarily used in conjunction with and incidental to a principal use or structure
permitted in the HI zone.
ii. Storage of materials used for construction of buildings, including the contractor's temporary
office, provided that such use be located on the building site or immediately adjacent thereto, and
provided further that such use shall be permitted only during the construction period and thirty (30)
days thereafter.
iii. Caretaker dwellings are allowed on a case by case basis as approved by the City of Rexburg Planning
and Zoning Commission. Detailed plans are required.
d. Conditional Uses.
The following uses and structures may be permitted in the HI zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof.
Conditional Uses
Animal and marine fats and oils
Blast furnaces, steel works, etc.
Concrete, gypsum, and plaster products
Dance Halls
Day Care Centers
Eating places
Electric generation plants - nuclear energy
Electric generation plants-conventional fuel including hydro-electric, solar, etc.
Equipment rentals and leasing services
Explosives
Fire arms - ammunition only
Fireworks only
Gasoline service stations
Heliport landing/take-off pads, with maintenance facilities
Iron and steel foundries
Junk dealers and salvage operations
Livestock
Low Power Radio Communication Towers and Antennas
Meat packing
Natural or manufactured gas storage; distribution points
Non-clay Refractories
Nursery Schools
Ordinate and accessories
Paving and roofing materials
Police Protection and related activities, branch (office only)
Primary smelting and refining of nonferrous metals
Pulp
Reclaimed rubber
Recycle Center
Rolling, drawing, and extruding of nonferrous metals
Scrap and waste materials
Secondary smelting and refining of nonferrous metals
Second-hand auto parts (includes dismantling of automobiles for purposes of selling parts)
Structural clay products
Truck and trailer rentals without drivers
Truck repair
3.21.030. Lot Area
There is no minimum area of any lot or parcel of land in the HI zone.
3.21.040. Lot Width
Each lot or parcel of land in the HI zone shall have an average width of not less than one hundred fifty (150) feet.
Page 120 of 352
City of Rexburg Development Code: HI
3.21.050. Lot Frontage
Each lot or parcel of land in the HI zone shall abut on a public street for a minimum distance of thirty-five (35) feet.
3.21.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building permit solely for reasons of nonconformance with the lot requirements of this Chapter.
3.21.070. Area of Zone
No requirements provided that the extension of said HI zone is orderly and the purposes and objectives of the zone
have been met.
3.21.080. Yard Requirements
The following minimum yard requirements shall apply in the HI zone:
a. Front Yard.
Each lot or parcel of land in the HI zone shall have a landscaped front yard of at least ten (10)
feet,
b. Side Yard.
Except as provided in Subsections (3) and (4) of this section, there shall be no side yard
requirement unless imposed by the Planning and Zoning Commission to protect adjacent properties against
the undesirable characteristics of a particular use; or as required by the latest provisions of the Rexburg
Building Code.
c.
Side Yard. Accessory Building. An accessory building may be located on a side property line only if all of
the following conditions are met and is acceptable to the Planning and Zoning Commission:
i. The accessory building, if adjacent to a residential use or zone, shall not exceed ten (10) feet in height,
nor two hundred (200) square feet. Larger accessory buildings shall meet the standard side yard
setback for principle buildings in the HI zone, or as required by the Planning and Zoning Commission.
ii. Proposal complies with the most recent edition of the Rexburg Building Code.
d. Rear Yard.
No requirement, except in those instances where the rear property line abuts on a residential
or commercial zone in which case the rear yard shall be the same as that required by the adjacent zone, or
as determined by the Planning Commission to mitigate potential nuisances.
e. Rear Yard. Same as Side Yard accessory setbacks.
Accessory Buildings.
3.21.090. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or project into any required yard,
except that they shall not obstruct a required driveway:
ii. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
iii. Landscape elements including trees, shrubs, and other plants.
iv. Necessary appurtenances for utility service.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet, except that
required driveways must remain unobstructed from the ground upward.
i. Belt courses, sills, buttresses, or other similar architectural features.
ii. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches
in height.
Page 121 of 352
City of Rexburg Development Code: HI
3.21.100. Building Height
The height of every building or structure hereafter designed, erected, or structurally altered or enlarged, shall
conform to the requirements of the most recent edition of the Rexburg Building Code as adopted by Rexburg City,
and shall not exceed 55-feet in height, measured at the top of building’s horizontal wall.
3.21.110. Distance Between Buildings
No requirement except as may be imposed by the most recent edition of the Building Code as adopted by Rexburg
City.
3.21.120. Permissible Lot Coverage
No requirements, except as may be imposed by off-street parking requirements and by the Planning and Zoning
Commission to reduce the undesirable effects of a particular use upon adjacent properties.
3.21.130. Parking, Loading, and Access
Each lot or parcel in the HI District shall have on the same lot or parcel, automobile parking sufficient to meet the
requirements as set forth in the Chapter 5.
Except as provided in the, Rexburg City Codes, all parking spaces shall be paved with asphaltic cement or concrete,
and shall be provided with a paved access from a public street.
Loading spaces shall be provided as required by the Planning and Zoning Commission, using as a guide a standard
of one (1) space per ten thousand (10,000) square feet of floor area. When the use of a building changes, loading
spaces will be required unless applicant provides information to staff identifying acceptable alternate means.
3.21.140. Project Plan Approval
All Project plans for projects in the HI District must be prepared and engineered by A/E professionals and be
Community
submitted for review and approval from conception on by the Development Director or Designee,
followed by professional engineered plans (including drainage) and specifications for review by the Development
Review Committee. Drainage on to an adjacent lot not owned by applicant is not allowed.
3.21.150. Other Requirements
a. Highway 20 Corridor.
All development adjacent to the Highway 20 right-of-way must submit a site plan
meeting the requirements of Section 4.7.iv. to the Planning and Zoning Commission and be approved by
the Commission prior to obtaining a Building Permit.
b. Signs.
All signs erected in the HI zone shall be in conformance with the sign provisions of Rexburg City
Code.
c. Uses Within Buildings.
No requirement, except as may be imposed by the Planning and Zoning
Commission in conjunction with the issuance of a conditional use permit.
d. Trash Storage.
Trash shall be stored in screened areas that are not visible from streets. Materials and
location of the screened areas shall be reviewed and approved by Committee Development Director or
Designee prior to installation.
e. Walls and Fences.
i. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be
maintained within a front yard in the HI District.
ii. A minimum vinyl fence, at least six (6) feet in height, shall be erected along all property lines which
lie adjacent to a residential zone. In the case where there is mutual agreement between the property
owners of the commercial zone and the adjacent residential zone, the vinyl fence requirement may be
modified to allow other suitable materials. A signed agreement must be submitted to the Planning and
Zoning Commission or its designee, indicating this agreement. In the case where there is not mutual
agreement, the vinyl fence will be required.
Page 122 of 352
City of Rexburg Development Code: HI
3.21.160. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Section 4.14.
Page 123 of 352
City of Rexburg Development Code: SOB
OTHER ZONES
3.22 Sexually-Oriented Business Overlay (SOB)
3.22.010. Purpose
3.22.020. Definitions
3.22.030. Zoning and Location Requirements
3.22.040. Development Standards
3.22.010. Purpose
The purpose of this Chapter is to establish a SOB (Sexually-Oriented Business) Overlay Zone that reasonably
governs the location of sexually-oriented businesses in order to avoid adverse secondary effects which may result
from the operation of such businesses. This Chapter shall be construed to protect the governmental interests
recognized by this Chapter in a manner consistent with protections provided by the United States Constitution and
the Idaho Constitution.
3.22.020. Definitions
Terms involving sexually-oriented businesses shall have the meaning set forth in Chapter 2 of this Ordinance.
3.22.030. Zoning and Location Requirements
a. Location.
Any sexually-oriented business licensed as an adult business or a semi-nude entertainment
business shall be permitted only within the Sexually-oriented Business Overlay Zone as shown on the
Zoning Map of the City of Rexburg.
b. Requirements.
No sexually-oriented business shall operate within 1000 feet of any of the following:
i. A residential zone boundary line as shown on the Rexburg City Zoning Map.
ii. The property boundary of any church, public park, public library, or school (as set forth in
classification numbers 6811, 6812, 6813, and 6814 of the duly adopted Standard Land Use Code).
iii. The boundary of any property for which a sexually oriented business license earlier has been issued
and has not expired.
iv. No church, public park, public library, or school (as set forth in classification numbers 6811, 6812,
6813, and 6814 of the duly adopted Standard Land Use Code) shall be established closer than 1000
feet from any sexually-oriented business.
v. For the purpose of this Section, the distance from any church, public park, public library, or school (as
set forth in classification numbers 6811, 6812, 6813, and 6814 of the duly adopted Standard Land Use
Code) shall be measured in a straight line from the nearest point of the line of any property on which a
sexually-oriented business is operating, or is proposed to operate, to the nearest residential zone
boundary line or property boundary line of any church, public park, public library, or school, as the
case may be.
3.22.040. Development Standards
a. Standards.
Each sexually-oriented business shall be subject to all development standards of the
underlying commercial zone in which it is located, including, but not limited to, setbacks, building height,
projections, design standards, etc.
i. Off-street parking shall be provided as required for the land use classification listed in this Ordinance,
Off-Street Parking Standards, to which the sexually-oriented business is most closely related.
ii. Signs for each sexually-oriented business shall be limited to the following:
1. All signs shall be flat wall signs.
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City of Rexburg Development Code: SOB
2. The maximum area of all signs shall not exceed one square foot of sign area per foot of building
frontage on a public street.
3. Banner signs or similar are not permitted.
4. Electronic reader board signs or similar are not permitted.
5. Flashing lights and any lights that together create motion of any kind are not permitted.
iii. No merchandise or pictures of the products or entertainment on the premises shall be displayed in
window areas or in any area where they can be viewed from a public sidewalk.
Deliveries of any kind to the establishment shall not be left on the exterior of the building at any time.
Any merchandise whether exposed of packaged shall not be stored permanently or temporarily on the
exterior of the building.
Page 125 of 352
City of Rexburg Development Code: Reserved
3.23 Reserved
City of Rexburg Development Code: TOZ
3.24 Technology and Office Zone (TOZ)
3.24.010. Purpose and Objectives
3.24.020. Permitted Uses
3.24.030. Lot Area
3.24.040. Lot Width
3.24.050. Lot Frontage
3.24.060. Prior Created Lots
3.24.070. Yard Requirements
3.24.080. Projections into Yards
3.24.090. Building Height
3.24.100. Distance Between Buildings
3.24.110. Permissible Lot Coverage
3.24.120. Parking, Loading and Access
3.24.130. Conditional Use Permit for a Reduction in the Parking Required for Accessory Housing in a TOZ Zone
3.24.140. Project Plan Approval
3.24.150. Other Requirements
3.24.160. Architectural Design Standards
3.24.170. Commercial Lighting Standards
3.24.080. Projections into Yards
3.24.090. Building Height
3.24.100. Distance Between Buildings
3.24.110. Permissible Lot Coverage
3.24.120. Parking, Loading, and Access
3.24.130. Project Plan Approval
3.24.140. Reversion of Zoning
3.24.150. Other Requirements
3.24.160 Architectural Design Standards
3.24.170 Commercial Lighting Standards
3.24.010. Purpose and Objectives
The TOZ zone is created to take advantage of technology developed and expertise available at the University and
the transfer of technology to the private sector. It is intended that a high quality environment be established in this
zoning district compatible with the BYU-I Campus and the City Central Business District. Permitted uses include
but are not limited to those directly involved in research and development, manufacture of prototype goods or goods
from prototype machinery or processes; limited Light Industrial beyond prototype compatible with a research and
development environment; and a limited range of office uses that could provide services to the research and
development functions or could be converted to research and development uses as the market for such space
warrants.
3.24.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the TOZ zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
TOZ zone:
Permitted Uses
Advertising services (office only)
Beauty and barber shop (only in historic buildings on arterial streets)
Call Centers
Communications (Subject to the Section Rexburg City Code)
Computer consultants
Computer hardware renting or leasing, except finance leasing or from the manufacturer
Computer interface equipment for industrial process control-mfg.
Computer output to microfilm units, computer peripheral equipment-mfg.
Computer paper-wholesale
Computer peripheral equipment repair & maintenance
Computer peripheral equipment, rental & leasing.
Computer photography or portraits
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City of Rexburg Development Code: TOZ
Computer programming services and program software-custom
Computer repair training
Computer software publishers, pre-packaged
Computer software tape and disks, blank: rigid and floppy - mfg.
Computer software, mail-order-retail
Computer storage units mfg.
Computer Stores-retail
Computer terminals mfg.
Computer terminals-wholesale
Computer-aided engineering/design systems services also CAD, CAM.
Computerized axial-tomography (CT/Cat scanner apparatus - mfg.
Computers: digital, analog & hybrid
Consumer credit services
Duplicating, stenographic, and office services
Dwelling, janitorial, and other building services (office only)
Employment services
Executive, legislative, and judicial offices
Financial, Insurance and Real Estate Services
Minor assembly and other innocuous manufacturing with approval by the Community
Development Director
Miscellaneous business services (office only)
Miscellaneous retail trade
Miscellaneous service organizations (office only)
News syndicate services (office only)
Photography studio (only in historic buildings on arterial streets)
Police protection and related activities, branch (office only)
Prescription pharmacy (intended for the convenience of permitted establishments and/or clients
thereof, provided that no business occupies more than fifteen (15) percent of the total floor area of
the building in which it is located and has no separate entrance)
Professional Services (except hospitals, behavior, drug and alcohol treatment, sanitariums,
convalescent and rest home services.)
Software programming, systems analysis-custom
Software, computer- wholesale
Travel Agencies
Veterinarian services, subject to the following conditions:
(a) Experimental or scientific research activities are prohibited.
(b) No on-site disposal of dead animals.
(c) The facility shall be located completely within an air-conditioned and soundproofed
building.
(d) Animal noise shall not be audible at the nearest property line.
(e) Overnight boarding shall be limited to animals receiving treatment on the premises.
(f) Services shall be limited to small animals only.
(g) No services shall be permitted for poisonous or dangerous animals.
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the TOZ zone provided they
are incidental to, and do not substantially alter, the character of the permitted principal use or structure.
Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, supply storage buildings, and similar structures which
are customarily used in conjunction with, and are incidental to, principal uses and structures allowed in
the TOZ zone.
ii. Storage of materials used for the construction of a building including a temporary contractor's office
and/or tool shed, provided that such uses are on the building site or immediately adjacent thereto and
provided that such use shall be for only the period of construction and thirty (30) days thereafter.
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City of Rexburg Development Code: TOZ
d. Conditional Uses.
The following uses and structures may be permitted in the TOZ zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof:
Conditional Uses
Communications (Subject to the Rexburg City Code)
Day Care Centers
Miscellaneous retail trade
Nursery Schools
Restaurants, subject to the following conditions:
(a) That the restaurant be architecturally compatible with surrounding buildings.
(b) That there be no short order/ fast food or drive-in restaurants.
(c) That signs, landscaping, number of employees, and distance from existing commercial
zones, and related matters, shall be factors considered in the review and approval of a
conditional use permit.
3.24.030. Lot Area
a. Minimum Lot Area.
The minimum area of any lot or parcel of land in the TOZ zone shall be one half
(1/2) acre; provided, however, that smaller lots or parcels may be created:
i. Pursuant to the provisions of City Code; or
ii. As part of an approved and recorded subdivision plat, as specified in City Code. The area of land
within such Record of Survey shall be at least one (1) acre.
3.24.040 Lot Width
Each lot or parcel of land in the TOZ zone shall have an average width of not less than one hundred (100) feet;
however, narrower lots or parcels may be created as part of an approved and recorded subdivision plat.
3.24.050. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.24.070. Yard Requirements
The following minimum yard requirements shall apply in the TOZ zone:
a. Front Yard.
Each lot or parcel in the TOZ zone shall have a front yard of not less than ten (10) feet. Said
front yard shall not be used for vehicular parking or maneuvering and shall be appropriately landscaped.
b. Side Yard.
Except as provided in Subsections (3), (4), and (5) of the Rexburg City Code, each lot or
parcel of land in the PO zone shall have a side yard of at least ten (10) feet when located adjacent to a
residential zone. There shall be no requirements in those instances where the side property line abuts a
commercial or industrial zone.
c. Side Yard.
Accessory Building. An accessory building may be located on a side property line if, and only
if, all of the following conditions are met:
i. The accessory building is located more than ten (10) feet from any main residential building on an
adjacent property.
d. Rear Yard.
No requirement.
3.24.080. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into any required yard:
i. Fences and walls in conformance with the City Code and other City codes and ordinances.
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City of Rexburg Development Code: TOZ
ii. Landscape elements including trees, shrubs, and other plants.
iii. Necessary appurtenances for utility service.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet, except that
a required driveway shall remain unobstructed from the ground up.
i. Belt courses, sills, buttresses, or similar architectural features.
ii. Fireplace structures and bays, provided that they are not wider than eight (8) feet measured generally
parallel to the wall of which they are a part.
iii. Ramps, door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four
(24) inches in height.
iv. Carport and loading docks in a side yard or rear yard, provided that such structure is not more than one
(1) story in height and twenty-four (24) feet in length and is entirely open on at least three (3) sides
except for necessary supporting columns and customary architectural features.
3.24.090. Building Height
a. Permitted Height.
No lot or parcel of land in the TOZ zone shall have a building or structure which
exceeds fifty-five (55) feet in height, measured at the top of building’s horizontal wall. Chimneys,
flagpoles, or similar structures not used for human occupancy are excluded in determining height.
3.24.110. Permissible Lot Coverage
a. Building Coverage.
In a TOZ zone, all buildings and structures shall not cover an area of more than
ninety (90) percent of the lot or parcel of land upon which they are placed.
b. Parking Structures.
Parking structures shall be exempt from lot coverage requirements. Provided,
however, that parking structures shall be screened and buffered from adjacent properties and public view as
required Design Review.
3.24.120. Parking, Loading, and Access
Each lot or parcel of land in the TOZ zone shall have on the same lot or parcel, automobile parking sufficient to
meet the requirements for professional offices or similar permitted uses as set forth in Chapter 5.
All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from a
public street.
Parking spaces and maneuvering areas shall not be provided within a required front yard. When possible,
connectivity through parking lots of adjacent properties is required
3.24.130. Project Plan Approval
All Project plans for projects in the TOZ Zone must be prepared and engineered by A/E professionals and be
submitted for review and approval from conception on by the Community Development Director or Designee,
followed by professional engineered plans (including drainage) and specifications for review by the Development
Review Committee. Drainage on to an adjacent lot not owned by applicant is not allowed.
3.24.140. Other Requirements
a. Highway 20 Corridor.
All development adjacent to the Highway 20 right-of-way must submit a site plan
meeting the requirements of Section 4.7.iv. to the Planning and Zoning Commission and be approved by
the Commission prior to obtaining a Building Permit.
b. Signs.
All signs erected in the TOZ zone shall be in conformance with the sign provisions of City Code
and shall be in general compliance with the typical signing program described in the provisions of City
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City of Rexburg Development Code: TOZ
Code. Signs proposed to be erected in the TOZ zone shall be placed in the same classification with signs
permitted in shopping center zones.
c. Landscaping.
A minimum of ten (10) percent of the site shall be landscaped
d. Trash Storage.
Trash shall be stored in screened areas that are not visible from streets. Materials and location
of the screened areas shall be reviewed and approved by Committee Development Director or Designee prior to
installation.
e. Walls and Fences.
i. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be
maintained within a required front yard in a TOZ zone.
ii. A minimum vinyl fence at least six (6) feet in height shall be erected along all property lines which lie
immediately adjacent to any residential zone, except that alternative screening may be used which may
include a landscape hedge of six (6) feet at a two (2) year maturity, wood fence or a combination of
landscaping with chain-link, with or without slats. In the case where there is mutual agreement by
adjoining property owners and approved by the Planning and Zoning Commission or its designee, this
requirement may be waived.
3.24.150 Architectural Design Standards
Architectural design requirements are found in Chapter 4.13 Supplementary Regulations under Commercial Design
Standards.
3.24.160. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations.
Page 131 of 352
City of Rexburg Development Code: PF
3.25 Public Facilities Zone (PF)
3.25.010. Purpose and Objectives
3.25.020. Permitted Uses
3.25.030. Lot Area
3.25.040. Lot Width
3.25.050. Lot Frontage
3.25.060. Prior Created Lots
3.25.070. Lot Area Per Dwelling
3.25.080. Yard Requirements
3.25.090. Projections into Yards
3.25.100. Building Height
3.25.110. Distance Between Buildings
3.25.120. Permissible Lot Coverage
3.25.130. Parking, Loading and Access
3.25.140. Conditional Use Permit for a Reduction in the Parking Required for Accessory Housing in a Public
Facility Zone
3.25.150. Project Plan Approval
3.25.160. Other Requirements
3.25.170. Re-use of Public Facilities
3.25.180. Commercial Lighting Standards
3.25.010. Purpose and Objectives
The PF Zone is established to provide areas for the location and establishment of facilities which, under public
franchise, ownership, or private enterprises operating for the public convenience and necessity, provide public
services such as electricity, gas, communication, transportation, water, sewage treatment, education, religious
activities and other public assembly, cultural facilities, parks, recreation etc. and which utilize relatively large areas
of land. The Public Facilities Zone is established to protect the present and long term public uses including the
airport and airport facilities. Uses such as airport related activities, warehousing, open space, and agricultural uses
are harmonious with the Zone. Height restrictions within this district are determined by the City’s ordinance
regulating the approach zone of the airport under FAR part 77, Airspace, and as listed below.
This zone is intended to provide immediate recognition of such areas upon the official zoning map of the City, and
to reduce the affect which the location of these facilities may have upon zoning statistics in residential, commercial,
or industrial areas. Typical uses permitted in the PF zone are public schools, public parks, hospitals, airports, public
utilities, public equipment storage areas, and public shop areas. Though some of these uses will be allowed in other
zones to initially accommodate public facilities in appropriate areas without undue difficulty, it is intended that the
PF zone would then be applied to all such facilities for ease of recognition and accurate statistical indexing.
3.25.020. Permitted Uses
a. Categories.
Except as provided in Section 9.19.020, Rexburg City Code, those uses or categories of uses
as listed herein, and no others, are permitted in the PF zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
PF zone:
Permitted Uses
Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-
of-way activity)
Cultural activities and nature exhibits
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the
rights of- way of the activity)
Forest Reserves
Gas and electric utility company office
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-
way of the activity)
Gas pressure control stations
Governmental services (except Management Investment Offices, Open-End)
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City of Rexburg Development Code: PF
Highways and street rights-of-way
Housing Authority offices and administration
Irrigation distribution channels
Nursery, primary, and secondary education
Parks
Recreational activities
Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way
activity)
Sewage pumping stations
Special training and schooling
Storm drain or right-of-way (Predominantly covered pipes or boxes)
University, college, junior college, professional school education
Water and electric utility company office
Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity)
Water pressure control stations and pumping plants
Water utilities or irrigation company office
c.Permitted Accessory Uses.
Accessory uses and structures are permitted in the PF zone provided they are incidental to,
and do not substantially alter the character of the permitted use or structure, and are located on the same or an adjacent
lot as the permitted use. Such permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, bath houses, green houses, gardening sheds, recreation rooms, and
similar structures which are customarily used in conjunction with and incidental to a principal use or structure, and
offices associated with a main permitted or conditional use, and a public dance held in conjunction with an
existing permitted use.
ii. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code;
iii. A detached single-family residence used only for the use of a caretaker, watchman, or similar employee of a
permitted use, when located upon the same site as said permitted use;
iv. Storage of materials used for construction of a building, including the contractor's temporary office, provided that
such use is on the building site or immediately adjacent thereto, and provided further that such use shall be
permitted only during the construction period and thirty (30) days thereafter;
v. Nothing herein shall be construed to permit the open storage of materials or equipment used in conjunction with
permitted uses, or shall be concealed from view from public or private streets.
d.Conditional Uses.
The following uses and structures may be permitted in the PF zone only after a Conditional Use
Permit has been issued, and subject to the terms and conditions thereof:
Conditional Uses
Active slag dumps and mineral waste disposals
Aircraft engines and engine parts (in or adjacent to an airport)
Aircraft manufacturing and assembling (in or adjacent to an airport)
Aircraft parts other than engines (in or adjacent to an airport)
Airports and flying fields
Ambulance services
Behavior, drug and alcohol treatment
Central garbage grinding stations and composting plants
Combination utilities company storage yards and equipment storage
Combination utilities, NEC
Communications
Dance halls
Debris basin (A dam and basin for intercepting debris)
Electric generation plants - conventional fuel including hydroelectric, solar, etc.)
Electric utility company office
Electricity regulating substations
Fishing activities
Funeral parlor, cemetery, and crematory services
Group or organized camps
Heliports and general aircraft
Hospitals
Page 133 of 352
City of Rexburg Development Code: PF
Military academies
Mining and quarrying
Operation centers
Other gas utilities, NEC
Other sewage disposal, NEC
Other utilities
Other water utilities or irrigation, NEC
Parking lot – automobile parking lot and garages
Police protection and related activities, branch (office only)
Public assembly
Railroad, rapid transit (public or private)
Refuse disposal company office
Religious activities
Residential facility for persons with a disability
Sewage company office
Small generation
Spreading grounds (Area for percolating water into under-ground)
Water reclamation plants, sludge drying beds, etc.
Water storage as part of a utility system (covered including water storage standpipes)
Water storage as part of a utility system (open reservoirs)
Water treatment plants (purification)
3.25.030. Lot Area
The minimum area of any lot or parcel of land in the PF zone shall be ten thousand (10,000) square feet.
3.25.040. Lot Width
Each lot or parcel of land in the PF zone shall have a width of not less than eighty (80) feet.
3.25.050. Lot Frontage
Each lot or parcel of land in the PF zone shall abut on a public street for a minimum distance of thirty-five (35) feet,
on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City
standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement.
3.25.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone (December 12,
1974) shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements
of this Chapter.
3.25.070. Lot Area per Dwelling
Any caretaker dwelling established in conjunction with a permitted use in the PF zone shall have a land area of at
least five thousand (5,000) square feet devoted exclusively to the use of the inhabitants of said residential unit.
3.25.080. Yard Requirements
The following minimum yard requirements shall apply to the PF zone:
a. Front Yard.
Each lot or parcel of land in the PF zone shall have a front yard of not less than ten (10) feet,
except that those lots or parcels lying adjacent to a residential zone along the same street frontage shall
have a front yard equal to that required by the provisions of the most restrictive residential one which it
abuts along said street frontage.
b. Side Yard.
No requirements, except when the parcel of property in the PF zone abuts the side or rear yard
of a lot or parcel lying within a residential zone. In that case, the yard width shall be equal to that required
by the provisions of the residential zone established on the abutting property.
c. Side Yard. Accessory Building.
An accessory building may be located on a side property line if, and only
if, all of the following conditions are met:
i. That said accessory building is located more than ten (10) feet away from any main building on the
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City of Rexburg Development Code: PF
same lot, or more than six (6) feet away from any building structure on any adjacent lot lying within a
residential zone.
ii. The accessory building is under ten (10) feet in height and less than two hundred (200) square feet in
area.
d. Rear Yard.
No requirement except when the parcel of property in the PF zone abuts the side or rear yard
of a lot or parcel lying within a residential zone. In that case, the yard width shall be equal to that required
by the provisions of the residential zone established on the abutting property.
3.25.090. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into any required yard:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops, and other plants.
iii. Necessary appurtenances for utility service.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet:
i. Belt courses, sills, buttresses, or other similar architectural features.
ii. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel
to the wall of which they are a part.
iii. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches
in height.
iv. Carports over a driveway in a side yard, provided that such a structure is not more than one (1) story in
height and twenty-four (24) feet in length, and is entirely open on at least three (3) sides, except for
necessary supporting columns and customary architectural features.
3.25.100. Building Height
a. Permitted Building Height with Conditions.
No lot or parcel of land in the PF Zone shall have a
building or structure which exceeds a height of three (3) stories with a maximum of thirty-five (35) feet,
measured at the top of building’s horizontal wall, unless one of the following conditions exists:
i. The horizontal setback of the building from the nearest residential zone boundary is equal to or
exceeds twice the building's height; or
ii. A Conditional Use Permit has been granted by the Planning and Zoning Commission in accordance
with the provisions of Rexburg City Code. Unique characteristics of a particular building site (such as
significant topographic differences between the building site and adjoining residential properties) may
justify the City's Zoning Administrator requiring the project to undergo Conditional Use Review, even
though the condition outlined in (1) above is satisfied.
3.25.120. Permissible Lot Coverage
In a PF Zone, all buildings and structures shall not cover more than sixty (60) percent of the lot or parcel of land
upon which they are placed.
3.25.130. Parking, Loading, and Access
Parking within the PF zone shall be provided in accordance with the requirements of Rexburg City Code.
All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with paved access from
the public street.
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City of Rexburg Development Code: PF
Parking spaces shall not be provided within a required front yard or a side yard adjacent to a public street. When
possible, connectivity through parking lots of adjacent properties is required
3.25.140. Project Plan Approval
All projects constructed within the PF zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Development Review Committee. Drainage on to an
adjacent lot not owned by applicant is not allowed. All structures must comply with Building Department
requirements.
3.25.150. Other Requirements
a. Highway 20 Corridor.
All development adjacent to the Highway 20 right-of-way must submit a site plan
meeting the requirements of Section 4.7.iv. to the Planning and Zoning Commission and be approved by
the Commission prior to obtaining a Building Permit.
b. Signs.
See standards and provisions of the Rexburg City Codes.
c. Landscaping.
A minimum of ten (10) percent of the site shall be landscaped
d. Trash Storage.
Trash shall be stored in screened areas that are not visible from streets. Materials and location
of the screened areas shall be reviewed and approved by Committee Development Director or Designee prior to
installation.
e. Transitional Development Standards.
Where a lot in any business, commercial, manufacturing,
industrial, or public facilities zone borders a residential zone, the standards set forth in Rexburg City Code.
a. Mitigating Land Use Impacts.
Any change of use that creates more intense impacts may be denied if the
Planning and Zoning Commission finds that such impacts cannot be mitigated by the imposition of
conditions. Land use impacts that may need to be mitigated include the following:
i. An increase in daily or peak hour traffic.
ii. A change in circulation patterns on or around the property.
iii. A significant increase in the demand for parking.
iv. A change in the density of people on site.
v. Expansion of the hours of operation.
vi. Any increased environmental impact, such as noise or air pollution; offensive odors; excessive
illumination or glare, etc.
3.25.160. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations
.
Page 136 of 352
City of Rexburg Development Code: OS
3.26 Open Space Zone (OS)
3.26.010. Purpose and Objectives
3.26.020. Permitted Uses
3.26.030. Project Requirements
3.26.040. Commercial Lighting Standards
3.26.010. Purpose and Objectives
The OS Zone 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, and other public uses. The floodplain is defined by the FIRM for Rexburg.
3.26.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the OS zone.
b. Numbered Listings.
All uses contained herein are listed by number as designated in the Standard Land
Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified
by a four (4) digit number in which all digits are whole numbers. Classes or groups of such uses permitted
in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeroes.
c. Use.
All such categories listed herein and all specific uses contained within them in the Standard Land Use
Codewill be permitted in the OS zone, subject to the limitations set forth herein.
d. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
OS zone:
Permitted Uses
Drainage Basins
Equipment Buildings under 1,000 square feet
Floodways
Parks
Playground Equipment
Playgrounds
Pump houses less than 1,000 square feet
Restrooms under 1,000 square feet
e. Conditional Uses.
The following uses and structures may be permitted in the OS zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof:
Conditional Uses
Combination utilities right-of-way (Identifies areas where surface is devoted exclusively to right-
of-way activity)
Cultural activities and nature exhibits
Debris basin (A dam and basin for intercepting debris)
Electric transmission right-of-way (Identifies areas where the surface is devoted exclusively to the
rights of- way of the activity)
Electricity regulating substations
Fishing activities
Forest Reserves
Gas pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-of-
way of the activity)
Gas pressure control stations
Highways and street rights-of-way
Irrigation distribution channels
Other utilities
Other water utilities or irrigation, NEC
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City of Rexburg Development Code: OS
Parking lot – automobile parking lot and garages
Railroad, rapid transit (public or private)
Recreational activities
Sewage pipeline right-of-way (Identifies areas where surface is devoted exclusively to right-of-way
activity)
Sewage pumping stations
Storm drain or right-of-way (Predominantly covered pipes or boxes)
Water pipeline right-of-way (Identifies areas where the surface is devoted exclusively to the right-
of-way of the activity)
Water pressure control stations and pumping plants
Water storage as part of a utility system (covered including water storage standpipes)
Water storage as part of a utility system (open reservoirs)
Water utilities or irrigation company office
3.26.030. Project Requirements
Any construction projects taking place in this zone that are not listed as “Permitted Uses” shall obtain a conditional
use permit. Details shall be presented to the Planning and Zoning Commission and Zoning Commission for
approval.
3.26.040. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations.
Page 138 of 352
City of Rexburg Development Code: UD
3.27 University District (UD)
3.27.010. Purpose and Objectives
3.27.020. Permitted Uses
3.27.030. Lot Area
3.27.040. Lot Width
3.27.050. Lot Frontage
3.27.060. Prior Created Lots
3.27.070. Lot Area Per Dwelling
3.27.080. Yard Requirements
3.27.090. Projections into Yards
3.27.100. Building Height
3.27.110. Distance Between Buildings
3.27.120. Permissible Lot Coverage
3.27.130. Parking, Loading and Access
3.27.140. Project Plan Approval
3.27.150. Reserved
3.27.160. Other Requirements
3.27.170 Change in Use of University Facilities
3.27.180 Commercial Lighting Standards
3.27.010. Purpose and Objectives
The University District is to recognize the establishment and growth of Brigham Young University-Idaho.
The University campus is unique in its nature as to those who visit, work and attend the University. Parking on the
campus should be located in a manner which will serve the needs of invitees to the campus. Because of its unique
nature, the University campus should be considered as one parcel. All buildings, playing fields and other structures
on the Campus should be deemed served by all parking lots on campus, wherever situated. The campus as a whole
is served by all public streets adjacent to and running through the campus as well as private roads and streets owned
and maintained by the University.
The University District is established to protect the unique nature of the University while protecting adjacent land
uses from nuisance and otherwise incompatible land use.
The University District is established to provide areas for the location and establishment of educational facilities
which operate as institutions of higher learning and which utilize relatively large areas of land. This zone is
intended to provide immediate recognition of such areas upon the official zoning map of the City, and to reduce the
affect which the location of these facilities may have upon zoning statistics in residential, commercial, or industrial
areas.
The UD zone is intended for only land that is owned by Brigham Young University- Idaho. If any land is sold,
gifted, or transferred to another financially unrelated party, a new zoning category must immediately be sought as
there will immediately be a moratorium on approval of new land uses and building permits on the property until a
new zoning district can be established.
3.27.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the UD zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
UD zone:
Permitted Uses
Accounting and bookkeeping services
Amusements
Art and music schools
Art galleries
Athletic clubs and gymnasiums
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City of Rexburg Development Code: UD
Athletic fields
Auditoriums, performing theaters
Barber and Beauty School
Bowling Alley
Building contractor offices
Building contractor storage yards
Bus garaging and equipment maintenance
Bus passenger terminals
Business schools
Carpentering, wood flooring installation
Churches, synagogues, temples
Civic, social, and fraternal organizations.
College buildings
Concrete services
Consulting services
Contract construction services
Correspondence schools
Cultural activities
Dancing schools
Day care centers
Dormitory, fraternity, sorority
Driving schools
Educational and scientific research services
Educational Services
Electric generation plants, utility substations
Electrical services
Employment services
Engineering and architectural services
Farm products warehousing and storage
Farming, fibers, grains, fruits, vegetable
Food lockers
General merchandise (department, variety, etc.)
General warehousing and storage
Governmental services
Horticultural services
Household goods warehousing and storage
Ice skating
Laboratory and research instruments
Libraries
Masonry, stonework, and plastering services
Medical laboratory services
Miniature golf
Miscellaneous services
Motion picture theaters
Motor freight garaging and maintenance
Motor freight terminals
Museums
Musical instruments
Nursery schools
Other communication facilities
Other utility facilities
Out-patient medical services
Painting, wall papering, decorating services
Parking lot – automobile parking lot and garages
Parks, including playgrounds
Photocopying, blueprinting, and stenographic services
Photographic studios
Photographic supplies and equipment
Physicians’ offices
Plant nurseries
Plumbing, heating, air conditioning services
Police protection
Postal service
Printing, publishing, including newspapers
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City of Rexburg Development Code: UD
Professional services
Public assembly
Radio and television broadcasting station
Radio and TV transmitting stations and towers
Recreation centers
Recreational activities
Refrigerated warehousing
Religious dormitories
Research, testing services
Roller skating
Roofing and sheet metal services
Schools
Skiing and tobogganing
Swimming pools
Telephone exchange stations, microwave towers
Tennis courts
Up to forty-eight dwelling units per building or development
Utility storage yards
Vocational schools
Warehousing and storage services
Welfare and charitable services
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the UD zone provided they are
incidental to, and do not substantially alter the character of the permitted use or structure, and are located
on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures include,
but are not limited to the following:
i. Accessory buildings such as garages, carports, bath houses, green houses, gardening sheds, recreation
rooms, and similar structures which are customarily used in conjunction with and incidental to a
principal use or structure, and offices associated with a main permitted or conditional use, and a public
dance held in conjunction with an existing permitted use.
ii. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code.
iii. A detached single-family residence used only for the use of a caretaker, watchman, or similar
employee of a permitted use, when located upon the same site as said permitted use.
iv. Dormitories, fraternity and sorority buildings, other college housing owned by the college or university
recreational and service facilities, and office buildings customarily associated with an educational
facility or other institutional use, when said facilities are accessory and incidental to the primary use of
the land.
v. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided further that
such use shall be permitted only during the construction period and thirty (30) days thereafter.
vi. Nothing herein shall be construed to permit the open storage of materials or equipment used in
conjunction with permitted uses, or shall be concealed from view from public or private streets.
d. Conditional Uses.
The following uses and structures may be permitted in the UD zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof:
Conditional Uses
Buildings of structures that have occupancy as defined by the City of Rexburg Building Code in
excess of 2500 occupants.
Greater than forty-eight dwelling units per building
Livestock Services, Except Veterinary (totally enclosed)
Manufactured home 24' or more in width
Small animal veterinarian services (totally enclosed)
Stadiums, arenas, field houses
Veterinary Service for Livestock (totally enclosed)
Page 141 of 352
City of Rexburg Development Code: UD
3.27.030. Lot Area
There is no minimum lot area in the University Zone. Parcels sold or otherwise vacated by the University must meet
the minimum lot requirements of the intended zone.
3.27.040. Lot Width
There is no minimum lot width in the University Zone.
3.27.050. Lot Frontage
For the purposes of this ordinance, the university zone shall be considered one contiguous parcel. There is no
minimum lot frontage requirement on this large parcel
3.27.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone (December 12,
1974) shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements
of this Chapter.
3.27.070. Lot Area per Dwelling
Any caretaker dwelling established in conjunction with a permitted use in the UD zone shall have a land area of at
least five thousand (5,000) square feet devoted exclusively to the use of the inhabitants of said residential unit.
3.27.080. Yard Requirements
The following minimum yard requirements shall apply to the UD zone:
a. Front Yard.
Front yard setback requirements where the University Zone abuts a residential zone or non-
University owned parcel shall be at a 1:1 ratio, or 1 foot for every foot of building height.
b. Side Yard.
Side yard setback requirements where the University Zone abuts a residential zone or non-
University owned parcel shall be at a 1:1 ratio, or 1 foot for every foot of building height. This requirement
is twice that of a typical residential side yard.
c. Side Yard. Accessory Building.
An accessory building may be located on a side property line if, and
only if, all of the following conditions are met:
i. That said accessory building is located more than ten (10) feet away from any main building on the
same lot, or more than six (6) feet away from any building structure on any adjacent lot lying within a
residential zone.
d. Rear Yard.
Minimum of twenty (20) feet.
3.27.090. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into any required yard:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops, and other plants.
iii. Necessary appurtenances for utility service.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet:
i. Belt courses, sills, buttresses, or other similar architectural features.
ii. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel
to the wall of which they are apart.
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City of Rexburg Development Code: UD
iii. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches
in height.
iv. Carports over a driveway in a side yard, provided that such a structure is not more than one (1) story in
height and twenty-four (24) feet in length, and is entirely open on at least three (3) sides, except for
necessary supporting columns and customary architectural features.
3.27.100. Building Height
Building height is unrestricted in the University Zone as long as the 1:1 setback ratio is met on buildings constructed
adjacent to non-university owned parcels.
3.27.120. Permissible Lot Coverage
In a UD zone, all buildings and structures, inclusive of parking lots, shall not cover more than sixty (60) percent of
the lot or parcel of land upon which they are placed.
3.27.130. Parking, Loading, and Access
a. Distance for Private Off-Street Parking.
Except in the University District, all required off-street parking
shall be located within two hundred feet (200') of the primary entrance of the building.
b. Provisions of Chapter 5 subsection (1).
In the University District, the provisions of subsection (1) here of
shall not apply, however, the University shall provide information which demonstrates that the parking
facility proposed to be considered for joint use, will lessen the demand for other parking facilities located in
the University District.
c. Regulations for University District.
The University shall not be required to provide the minimum
parking spaces required in subsection 5.8 hereof but shall be regulated in accordance with the University
Parking Ratios as set forth below. In determining the ratio for this subsection, all parking spaces located
upon the University Campus together with all on-street parking where the University Campus occupies
both sides of the street shall be included. The term Full Time Equivalent shall be consistent with the
definition established in the BYU-Idaho Parking Study published in 2002.
i. University Student Ratio: .200 spaces per Student Equivalent.
ii. University Faculty Ratio: .585 spaces per Faculty Equivalent.
iii. University Staff Ratio: .585 spaces per Staff Equivalent.
d. Paving.
All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with
paved access from the public street.
e. Location of Parking Spaces.
Parking spaces shall not be provided within a required front yard or a side
yard adjacent to a public street.
3.27.140. Project Plan Approval
All Project plans for projects in the UD Zone must be prepared and engineered by A/E professionals and be
submitted for review and approval from conception on by the Community Development Director or Designee,
followed by professional engineered plans and specifications for review by the City of Rexburg Development
Review Committee. Drainage on to an adjacent lot not owned by applicant is not allowed.
3.27.150. Reserved
3.27.160. Other Requirements
a. Signs.
See standards and provisions of Rexburg City Sign Code.
b. Landscaping.
A minimum of twenty (20) percent of the site shall be landscaped. All residential
development shall provide a minimum of ten (10) percent landscaping.
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City of Rexburg Development Code: UD
c. Trash Storage.
Trash shall be stored in screened areas that are not visible from streets. Materials and
location of the screened areas shall be reviewed and approved by Committee Development Director or
Designee prior to installation.
d. See Chapter 4:
Supplementary Regulations
3.27.170. Change in Use of University Facilities
a. Conditional Use Permit.
Before any existing University facility use may be changed to another use but
under the same ownership a Building Permit must be taken out with the City of Rexburg. The use must be
compatible with the City of Rexburg Development Code and the current Rexburg Building Codes.
b. Mitigating Land Use Impacts.
Any change of use that creates more intense impacts may be denied if the
Planning and Zoning Commission finds that such impacts cannot be mitigated by the imposition of
conditions. Land use impacts that may need to be mitigated include the following:
i. An increase in daily or peak hour traffic.
ii. A change in circulation patterns on or around the property.
iii. A significant increase in the demand for parking.
iv. A change in the density of people on site.
v. Expansion of the hours of operation.
vi. Any increased environmental impact, such as noise or air pollution; offensive odors; excessive
illumination or glare, etc.
3.27.180. Commercial Lighting Standards
All University Facilities located in the University Zone are subject to the Commercial Lighting Standards as
described in Chapter 4.14, Supplementary Regulations.
Page 144 of 352
City of Rexburg Development Code: TAG1
3.28 Transitional Agricultural 1 (TAG1)
3.28.010. Purpose and Objectives
3.28.020. Permitted Uses
3.28.030. Lot Area
3.28.040. Lot Width
3.28.050. Lot Frontage
3.28.060. Prior Created Lots
3.28.070. Lot Area Per Dwelling
3.28.080. Yard Requirements
3.28.090. Projections into Yards
3.28.100. Building Height
3.28.110. Distance Between Buildings
3.28.120. Permissible Lot Coverage
3.28.130. Agricultural Building Code Exemption
3.28.140. Project Plan Approval
3.28.150. Other Requirements
3.28.160. Reserved
3.28.170. Lighting Standards
3.28.010. Purpose and Objectives
The Transitional Agricultural zone is intended to anticipate expansion of the City into agricultural areas (lands).
Permitted uses in the TAG1 Zone include all primary agricultural production activities and their accessory uses and
buildings, including farm homes.
No more than ten (10) livestock are permitted in a TAG1 zone. However, this does not include commercial
enterprises or animal-related business such as produce packing plants, fur farms, veterinary clinics, animal hospitals,
feed lots, poultry and egg farms, hog farms, dog kennels, honey processing, and similar uses which would constitute
a “business” as opposed to that of the raising of agricultural crops and/or pasture. For the purposes of this chapter,
“Feedlot” is defined as any area where one thousand (1,000) head or more of livestock are confined for a period of
one year or more. The minimum size parcel shall be two (2) acres or more.
Conditional Uses in the TAG1 Zone include: Public and quasi-public recreation facilities and/or buildings, Home
occupations, Cemeteries.
The TAG1 Zone is established to ensure transitional regulations pursuant to, and provide uniform enablement of the
provisions of Chapter 8, of this title.
3.28.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the TAG1
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
TAG1 zone:
Permitted Uses
Agricultural and related operations
Disabled person's residential facility
Single-family dwellings-detached
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the TAG1 zone provided they
are incidental to, and do not substantially alter the character of the permitted use or structure, and are
located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures
include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, bath houses, green houses, gardening sheds, recreation
rooms, and similar structures which are customarily used in conjunction with and incidental to a
Page 145 of 352
City of Rexburg Development Code: TAG1
principal use or structure, and offices associated with a main permitted or conditional use, and a public
dance held in conjunction with an existing permitted use.
ii. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code.
iii. A detached single-family residence used only for the use of a caretaker, watchman, or similar
employee of a permitted use, when located upon the same site as said permitted use.
iv. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided further that
such use shall be permitted only during the construction period and thirty (30) days thereafter.
v. Nothing herein shall be construed to permit the open storage of materials or equipment used in
conjunction with permitted uses, or shall be concealed from view from public or private streets.
d. Conditional Uses.
The following uses and structures may be permitted in the TAG zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof:
Conditional Uses
Airports
Broadcasting towers for radio, television or similar use
Cemeteries
Churches or religious facilities
Commercial kennels
Hospitals
Manufactured home 24' or more in width on a permanent foundation
Public buildings
Schools
Small animal veterinarian services (totally enclosed)
3.28.030. Lot Area
The minimum area of any lot or parcel of land in the TAG1 zone shall be two (2) acres.
3.28.040. Lot Width
Each lot or parcel of land in the TAG1 zone shall have a width of not less than eighty (80) feet.
3.28.050. Lot Frontage
Each lot or parcel of land in the TAG1 zone shall abut a public street for a minimum distance of thirty-five (35) feet,
on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City
standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement.
3.28.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter.
3.28.070. Lot Area per Dwelling
Any caretaker dwelling established in conjunction with a permitted use in the TAG1 zone shall have a land area of
at least five thousand (5,000) square feet devoted exclusively to the use of the inhabitants of said residential unit.
3.28.080. Yard Requirements
The following minimum yard requirements shall apply to the TAG1 zone:
a. Front Yard.
Each lot or parcel of land in the TAG1 zone shall have a front yard of not less than fifty (50)
feet and except for single family detached homes shall not be used for vehicular parking or maneuvering
except such portion as is devoted to driveway use for direct access from a street to a garage or carport.
b. Side Yard.
No building shall be closer than ten feet (10’) to any side property line, exceptcorner lots
contiguous to the street shall maintain a setback of not less than fifty feet (50’) and except for single family
Page 146 of 352
City of Rexburg Development Code: TAG1
detached homes shall not be used for vehicular parking or maneuvering except such portion as is devoted to
driveway use for direct access from a street to a garage or carport.
c. Side Yard.
Accessory Building.An accessory building may be located on a side property line if, and only
if, all of the following conditions are met:
i. That said accessory building is located more than ten (10) feet away from any main building on the
same lot, or more than six (6) feet away from any building structure on any adjacent lot lying within a
residential zone.
d. Rear Yard.
Notless than twenty-five (25’) feet.
3.28.090. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into any required yard:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops, and other plants.
iii. Necessary appurtenances for utility service.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet:
i. Belt courses, sills, buttresses, or other similar architectural features.
ii. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel
to the wall of which they are a part.
iii. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches
in height.
iv. Carports over a driveway in a side yard, provided that such a structure is not more than one (1) story in
height and twenty-four (24) feet in length, and is entirely open on at least three (3) sides, except for
necessary supporting columns and customary architectural features.
3.28.100. Building Height
Any building or structure or portion thereof hereafter erected which is not of an agricultural nature shall not exceed
two and one-half stories, or thirty feet (30’) in height, measured at the top of building’s horizontal wall.
3.28.110. Distance Between Buildings
As per the Building Code.
3.28.120. Permissible Lot Coverage
The maximum lot coverage for all buildings and structures shall not be greater than thirty (30) percent of the lot
area. Maximum of thirty-five (35) percent.
3.28.130. Parking, Loading, and Access
See the City Development Code and Subdivision Ordinance.
3.28.130 Code Exemptions of Agricultural Buildings
By State Law, agricultural buildings, as defined by the State of Idaho, are exempt from Building Codes.
3.28.140. Project Approval
All projects constructed within the TAG1 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Building Department. All structures must comply with
the current Building Code of the City of Rexburg, ID. Drainage on to an adjacent lot not owned by applicant is not
Page 147 of 352
City of Rexburg Development Code: TAG1
allowed.
3.28.150. Other Requirements
Signs.
See standards and provisions of Rexburg City Sign Code.
a. Landscaping.
See the City Development Code and Subdivision Ordinance.
b. Trash.
See the City Development Code and Subdivision Ordinance.
3.28.170. Lighting Standards
See Commercial and Residential Lighting Standards in the Development Code and Subdivision Ordinance.
Page 148 of 352
City of Rexburg Development Code: TAG2
3.29 Transitional Agricultural 2 (TAG2)
3.29.010. Purpose and Objectives
3.29.020. Permitted Uses
3.29.030. Lot Area
3.29.040. Lot Width
3.29.050. Lot Frontage
3.29.060. Prior Created Lots
3.29.070. Lot Area Per Dwelling
3.29.080. Yard Requirements
3.29.090. Projections into Yards
3.29.100. Building Height
3.29.110. Distance Between Buildings
3.29.120. Permissible Lot Coverage
3.29.130. Agricultural Building Code Exemption
3.29.140. Project Plan Approval
3.29.150. Other Requirements
3.29.160. Lighting Standards
3.29.010. Purpose and Objectives
The Transitional Agricultural zone is intended to anticipate expansion of the City into agricultural areas (lands).
Permitted uses in the TAG2 Zone include all primary agricultural production activities and their accessory uses and
buildings, including farm homes.
No more than ten (10) livestock are permitted in a TAG2 zone. However, this does not include commercial
enterprises or animal-related business such as produce packing plants, fur farms, veterinary clinics, animal hospitals,
feed lots, poultry and egg farms, hog farms, dog kennels, honey processing, and similar uses which would constitute
a “business” as opposed to that of the raising of agricultural crops and/or pasture. For the purposes of this chapter,
“Feedlot” is defined as any area where one thousand (1,000) head or more of livestock are confined for a period of
one year or more. The minimum size parcel shall be two (2) acres or more.
Conditional Uses in the TAG2 Zone include: Public and quasi-public recreation facilities and/or buildings, Home
occupations, Cemeteries.
The TAG2 Zone is established to ensure transitional regulations pursuant to, and provide uniform enablement of the
provisions of Chapter 8, of this title.
3.29.020. Permitted Uses
a. Categories.
Those uses or categories of uses as listed herein, and no others, are permitted in the TAG2
zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
TAG2 zone:
Permitted Uses
Agricultural and related operations
Disabled person's residential facility
Single-family dwellings-detached
c. Permitted Accessory Uses.
Accessory uses and structures are permitted in the TAG zone provided they
are incidental to, and do not substantially alter the character of the permitted use or structure, and are
located on the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures
include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, bath houses, green houses, gardening sheds, recreation
rooms, and similar structures which are customarily used in conjunction with and incidental to a
principal use or structure, and offices associated with a main permitted or conditional use, and a public
dance held in conjunction with an existing permitted use.
ii. Swimming pools and incidental bath houses subject to the standards of Rexburg City Code.
City of Rexburg Development Code: TAG2
iii. A detached single-family residence used only for the use of a caretaker, watchman, or similar
employee of a permitted use, when located upon the same site as said permitted use.
iv. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto, and provided further that
such use shall be permitted only during the construction period and thirty (30) days thereafter.
v. Nothing herein shall be construed to permit the open storage of materials or equipment used in
conjunction with permitted uses, or shall be concealed from view from public or private streets.
d. Conditional Uses.
The following uses and structures may be permitted in the TAG 2 zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof:
Conditional Uses
Airports
Broadcasting towers for radio, television or similar use
Cemeteries
Churches or religious facilities
Commercial kennels
Hospitals
Manufactured home 24' or more in width on a permanent foundation
Public buildings
Schools
Small animal veterinarian services (totally enclosed)
3.29.030. Lot Area
The minimum area of any lot or parcel of land in the TAG zone shall be two (2) acres.
3.29.040. Lot Width
Each lot or parcel of land in the TAG zone shall have a width of not less than two hundred fifty (250’) feet.
3.29.050. Lot Frontage
Each lot or parcel of land in the TAG 2 zone shall abut a public street for a minimum distance of thirty-five (35)
feet, on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to City
standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement.
3.29.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of this zone shall not be
denied a building permit solely for reason of nonconformance with the above parcel requirements of this Chapter.
3.29.070. Lot Area per Dwelling
Any caretaker dwelling established in conjunction with a permitted use in the TAG zone shall have a land area of at
least five thousand (5,000) square feet devoted exclusively to the use of the inhabitants of said residential unit.
3.29.080. Yard Requirements
The following minimum yard requirements shall apply to the TAG zone:
a. Front Yard.
Each lot or parcel of land in the TAG zone shall have a front yard of not less than fifty (50)
feet and except for single family detached homes shall not be used for vehicular parking or maneuvering
except such portion as is devoted to driveway use for direct access from a street to a garage or carport.
b. Side Yard.
Each lot or parcel of land in the TAG zone shall have a side yard setback of not less than ten
(10) feet, except corner lots contiguous to the street shall not be less than fifty (50) feet and shall not be
used for vehicular parking or maneuvering except such portion as is devoted to driveway use for direct
access from a garage or carport.
c. Side Yard.
Accessory Building. An accessory building may be located on a side property line if, and only
if, all of the following conditions are met:
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City of Rexburg Development Code: TAG2
i. That said accessory building is located more than ten (10) feet away from any main building on the
same lot, or more than six (6) feet away from any building structure on any adjacent lot lying within a
residential zone.
d. Rear Yard.
Each lot or parcel of land in the TAG Zone shall have a rear yard setback of not less than
twenty-five (25) feet.
3.29.090. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into any required yard:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements including trees, shrubs, agricultural crops, and other plants.
iii. Necessary appurtenances for utility service.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet:
i. Belt courses, sills, buttresses, or other similar architectural features.
ii. Fireplace structures and bays, pro-vided they are not wider than eight (8) feet and are generally parallel
to the wall of which they are a part.
iii. Door stoops, fire escapes, and planter boxes or masonry planters not exceeding twenty-four (24) inches
in height.
iv. Carports over a driveway in a side yard, provided that such a structure is not more than one (1) story in
height and twenty-four (24) feet in length, and is entirely open on at least three (3) sides, except for
necessary supporting columns and customary architectural features.
3.29.100. Building Height
Any building or structure or portion thereof hereafter erected which is not of an agricultural nature shall not exceed
two and one-half stories, or thirty feet (30’) in height, measured at the top of building’s horizontal wall.
3.29.110. Distance Between Buildings
As required by the Building Code
3.29.120. Permissible Lot Coverage
The maximum lot coverage for all buildings and structures shall not be greater than fifty (30) percent of the lot area.
3.29.130. Parking, Loading, and Access
See the Development Code and Subdivision Ordinance.
3.29.135. Code Exemptions of Agricultural Buildings
By State Law, agricultural buildings, as defined by the State of Idaho, are exempt from Building Codes.
3.29.140. Project Plan Approval
All projects constructed within the MDR1 zone must submit, prior to beginning construction, a site plan (including a
drainage plan) for review and approval by City of Rexburg Building Department. All structures must comply with
the current Building Code of Rexburg, ID. Drainage on to an adjacent lot not owned by applicant is not allowed.
3.29.150. Other Requirements
Signs.
See standards and provisions of Rexburg City Sign Code.
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City of Rexburg Development Code: TAG2
Landscaping.
See the City Development Code and Subdivision Ordinance.
Trash Storage.
See the City Development Code and Subdivision Ordinance.
3.29.160. Lighting Standards
See Commercial and Residential Lighting Standards in the Development Code and Subdivision Ordinance
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City of Rexburg Development Code: RBD
3.30 Residential Business District (RBD)
3.30.010. Purpose and Objectives
3.30.020. Permitted Uses
3.30.025. Single Ownership and Control
3.30.030. Lot Area
3.30.040. Lot Width
3.30.045. Lot Depth
3.30.050. Lot Frontage
3.30.060. Prior Created Lots
3.30.070. Yard Requirement
3.30.080. Projections into Yards
3.30.090. Building Height
3.30.100. Distance Between Buildings
3.30.110. Permissible Lot Coverage
3.30.115. Permissible Building Footprint
3.30.120. Parking, Loading and Access
3.30.130. Project Plan Approval
3.30.140. Reversion of Zoning
3.30.150. Other Requirements
3.30.160. Lighting Standards
3.30.010. Purpose and Objectives
The RBD zone is established to provide for the use of single family residential homes for commercial and service
uses. The zone is intended to protect the residential nature of the streetscape and provide strict regulation of types
and hours of conduct of commercial uses. Commercial uses are limited to non-intrusive low-demand business that
can peacefully co-exist with a surrounding neighborhood.
It is intended that the RBD zone shall be characterized by a single structure that will function as a part of the greater
neighborhood. Hours of operation should be regulated to provide compatibility with surrounding residential uses.
All parking lots shall be clean, buffered and located out of the front and side yard setbacks. Attractive and well-
maintained landscaping will also be characteristic of this zone.
Lighting will be of a relatively low intensity and low profile with adequate shielding to protect the surrounding
residential areas. The architectural design and character will be compatible with that of the surrounding residential
environment. Uses permitted in the RBD zone will be those which will create minimal or no detriment to the
surrounding residential areas.
Multiple family dwellings, industries, recreational uses, or other heavy commercial uses which tend to be
inconsistent with the use of the land within this zone for its primary purpose have been excluded. Typical uses
allowed by right in this zone are miscellaneous specialty retail such as collectible stores, professional service offices,
garment alterations/repairs, or as may otherwise be established by a more specific list included within this chapter.
A broader range of uses may be permitted pursuant to the issuance of a conditional use permit.
RBD zones shall be located generally in conformance with the provisions of the Rexburg City Comprehensive Plan.
The RBD zones shall only be allowed if the area requested for designation as such is contiguous to either a
commercial zone other than RBD, industrial zone, or a medium or high density zone.
3.30.020. Permitted Uses
a. Categories.
Those uses or categories as listed herein, and no others, are permitted in the RBD zone.
b. Permitted Principal Uses.
The following principal uses and structures, and no others, are permitted in the
RBD zone:
Permitted Uses
Beauty and Barber Shops
Books, Stationery, Art and Hobby Supplies
Pressing, Alteration and Garment Repair
Professional Service Providers
c. Permitted Accessory Uses.
Accessory uses and structures may be permitted in the RBD zone, provided
City of Rexburg Development Code: RBD
they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such
permitted accessory uses and structures include, but are not limited to, the following:
i. Accessory buildings such as garages, carports, equipment storage buildings, and supply storage
buildings which are customarily used in conjunction with and incidental to a principal use or structure
permitted in the RBD zone.
ii. Storage of materials used for construction of a building, including the contractor's temporary office,
provided that such use is on the building site or immediately adjacent thereto and, provided further,
that such use shall be permitted only during the construction period and thirty (30) days thereafter, but
in no case for a period to exceed one (1) year.
iii. Accessory dwelling subject to the issuance of a conditional use permit
d. Conditional Uses.
The following uses and structures may be permitted in the RBD zone only after a
Conditional Use Permit has been issued, and subject to the terms and conditions thereof, and must be
consistent with the Purpose and Objectives of the RBD zone.
Conditional Uses
Accessory Building Unit
Bakeries and Doughnut Shops
Candy, Nut, and Confectionery
Dairy Products
Day Care Centers
Drug and Proprietary Stores
Finance, Insurance and Real Estate Services
Fruits and Vegetables
Medical Offices
Nursery Schools
Photographic Services
3.30.025. Single Ownership and Control
Land within a given RBD zone shall be in single ownership or single control in order to provide control over
development. Failure to maintain single ownership or single control may result in the initiation of action to return
the property to the zone, or zones, existing prior to the establishment of the RBD zone.
3.30.030. Lot Area
The minimum area of any lot or parcel of land in the RBD zone is eight thousand (8,000) sq. ft.
3.30.040. Lot Width
The minimum lot width in the RBD zone is sixty (60) feet.
3.30.045. Lot Depth
The minimum lot depth in the RBD zone is sixty (60) feet.
3.30.050. Lot Frontage
Each lot or parcel of land in the RBD zone shall abut a public street for a minimum distance of twenty-two (22) feet,
on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City
standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not be
counted in meeting this requirement.
3.30.060. Prior Created Lots
Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not be
denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter.
3.30.070. Yard Requirement
The following minimum yard requirements shall apply in the RBD Zone:
a. Front/Rear Yard.
Each lot or parcel in the RBD zone shall have a minimum front yard of at least twenty-
five (25) feet, unless the street upon which the parcel fronts has a boulevard strip of at least seven (7) feet,
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City of Rexburg Development Code: RBD
in which case the front yard setback may be reduced to twenty (20) feet. The minimum depth of a rear yard
shall be twenty (20) feet of which no more than 40% (unless a greater percentage is approved by the
Rexburg Planning and Zoning Commission) shall be put into hard surface in order to maintain a residential
character to the property.
b. Side Yard.
Each lot or parcel of land in the RBD zone shall have a side yard of at least six (6) feetor six
(6) inches of setback for every foot of building height, whichever is greater.
c. Accessory Building Setbacks.
Accessory buildings must meet all setback requirements established by any
applicable building code, and shall:
i. Have a building footprint and height less than the main dwelling. Accessory buildings larger than two
hundred (200) square feet shall meet the same side yard requirements as principal buildings.
ii. Comply with all lot coverage requirements. An accessory building or group of accessory buildings in
any residential zone shall not cover more than thirty (30) percent of the rear yard.
iii. Comply with the current Building Code of the City of Rexburg, ID.
iv. Only be used for those accessory uses allowed in the respective zone.
v. Maintain architecturally similar material and colors with main building.
vi. Accessory building shall not be placed in the front yard.
vii. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this
Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages
shall be located at least fifteen (15) feet from the alley.
3.30.080. Projections into Yards
a. Permitted Projections.
The following structures may be erected on or projected into any required yard,
except for a required driveway:
i. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances.
ii. Landscape elements including trees, shrubs, turf, and other plant materials.
iii. Necessary appurtenances for utility service.
b. Permitted Projections with Conditions.
The structures listed below may project into a minimum front
yard no more than four (4) feet and into a minimum side yard not more than two (2) feet, except that a
required driveway shall remain unobstructed from the ground up a height of twelve (12) feet:
i. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
ii. Fireplace structures and bays, provided they are not wider than eight (8) feet and are generally parallel
to the wall of which they are a part.
iii. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not
exceeding thirty (30) inches in height.
iv. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than
one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting
columns and customary architectural features.
3.30.090. Building Height
Permitted Heights.
a. No lot or parcel of land in the RBD zone shall have a building or structure which
exceeds a height of three (3) stories with a maximum of thirty-five (35) feet, measured at the top of
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City of Rexburg Development Code: RBD
building’s horizontal wall. Chimneys, flagpoles, or similar structures not used for human occupancy are
excluded in determining height.
3.30.110. Permissible Lot Coverage
In an RBD zone, all buildings and structures shall not cover an area greater than that allowed in the LDR2 zone.
3.30.115. Permissible Building Footprint
In an RBD zone, all buildings and structures shall have a footprint of no more than 2500 square feet, and no more
than three stories above ground. The Footprint shall be defined as that area covered by the enclosed area of the
structure if perpendicular planes were extended from all portions of the structure to the ground.
3.30.120. Parking, Loading, and Access
Each lot or parcel in the RBD zone shall have, on the same lot or parcel, automobile parking sufficient to meet the
requirements as set forth in Chapter 5.
Parking areas within the RBD zone are to be used by occupants of the property and customers of the property, and
are not to be used by employees or customers of businesses that may be located in nearby business or commercial
areas. When possible, connectivity through parking lots of adjacent properties is required
All parking spaces shall be paved with asphaltic cement or concrete and shall be provided with paved access from a
public street. Said spaces shall be provided with adequate drainage which shall not run across a public sidewalk.
Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street except
where an existing conforming driveway access has been provided. Corner lots shall be allowed to petition for
parking in side yards provided any such parking shall be buffered visually and for sound from public rights of way
and adjoining residential properties.
3.30.130. Project Plan Approval
All Project plans for projects in the RBD Zone must be prepared and engineered by A/E professionals and be
submitted for review and approval from conception on by the Community Development Director or Designee,
followed by professional engineered plans (including drainage) and specifications for review by City of Rexburg
Development Review Committee. Site plan approval at the Planning and Zoning Commission Level is mandatory
before consideration of a RBD Zone change request may be initiated. Drainage on to an adjacent lot not owned by
applicant is not allowed.
3.30.140. Reversion of Zoning
If violations of the approval conditions for a rezone to the RBD Zone are documented and not corrected in a timely
manner by property owner, property zoning will revert to the zone existing before application for the RBD zone.
3.30.150. Other Requirements
Highway 20 Corridor.
a. All development adjacent to the Highway 20 right-of-way must submit a site plan
meeting the requirements of Section 4.7.iv. to the Planning and Zoning Commission and be approved by
the Commission prior to obtaining a Building Permit.
Signs.
b. All signs erected in the RBD zone shall be in conformance with the sign provisions of the Rexburg
City Sign Code, and shall be in general compliance with the typical signing program approved by the
Planning and Zoning Commission under the provisions applicable to home businesses.
b. Uses within Buildings.
All uses established in the RBD zone shall be conducted entirely within a fully-
enclosed building.
c. Landscaping.
All landscaping in the RBD zone shall be consistent with landscaping requirements of the
LDR2 zoning unless specific permission has been obtained from the Planning and Zoning Commission.
d. Trash Storage.
See Rexburg City Code. No trash containment device shall be placed in such a location as
to be visible from the public right of way unless in preparation for pickup, and under no circumstance for
any period greater than 24 hours prior to and subsequent to the regularly scheduled pickup for trash.
e. Walls and Fences.
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City of Rexburg Development Code: RBD
i. No wall, fence or opaque hedge or screening material higher than thirty-six (36) inches shall be
maintained within a required front yard in an RBD zone.
ii. A vinyl fence or other pre-approved fence of at least six (6) feet in height shall be erected along all
property lines which lie adjacent to a residential zone. In the case where there is mutual agreement
between the property owners of the commercial zone and the adjacent residential zone, the Planning
and Zoning Commission shall give considerable weight to the wishes of the parties involved. A signed
agreement must be submitted to the Planning and Zoning Commission or its designee, indicating the
desires of the property owners. In the case where there no agreement can be reached, preference will be
given to the masonry wall.
f. Hours of Operation.
In the RBD zone, no permitted or conditionally permitted use shall be open for
business on any Sunday, or after 9:00 P.M. or before 7:00 A.M. on any other day, nor shall any permitted
or conditionally permitted use accept deliveries other than between the hours of 9:00 a.m. and 3:00 p.m.,
with no deliveries allowed at all on Sundays.
3.30.160. Lighting Standards
Residential Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations.
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City of Rexburg Development Code: PRO
3.31 Project Redevelopment Option (PRO)
3.31.010. Purpose and Intent
3.31.020. Zone Establishment
3.31.030. Optional Schematic Development Plan
3.31.040. PRO Zone Application Requirements
3.31.050. Review of PRO Zone Application - Approval
3.31.060. Zone Designation
3.31.070. Permits Required
3.31.080. Project Plan Variations and Amendments
3.31.090. Reversion of Zoning
3.31.100. PRO Zones Adopted
3.31.110. PRO Zone Reserved
3.31.120. Uses Must Be in Conformity
3.31.130. Building in Conformity
3.31.140. Architectural Design Standards
3.31.150. Commercial Lighting Standards
3.31.010. Purpose and Intent
a. Intent.
This chapter creates a regulatory framework to govern the enactment of regulations to further the
intent of the Vision 2020 Comprehensive Plan, particularly, but not exclusively, in older, densely
developed areas of the City.
b. Purpose.
The purpose of the Project Redevelopment Option (“PRO”) zone is to create a regulatory tool
that permits initiative and flexibility in creating well-planned, architecturally-designed development that
meets the needs of the community. More particularly, the intent of the City Council in enacting this
Chapter is to:
i. Encourage creative and efficient utilization of land.
ii. Encourage assemblage of property to create harmonious and efficient development patterns and
projects.
iii. Provide land use and design standards tailored to specific geographic areas so that new development
outcomes are more predictable and compatible with surrounding land uses.
iv. Coordinate property development and design, including large-scale facilities, with development, both
existing and as envisioned by the City of Rexburg Comprehensive Plan, on adjoining and nearby
property.
v. Minimize the effect of additional traffic.
vi. Improve parking and air quality.
vii. Encourage new development that fosters a sense of community.
viii. Better manage the location, timing, and sequencing of new development.
ix. Provide an opportunity to involve the public.
3.31.020. Zone Establishment
(1) The provisions of this chapter shall apply to every PRO zone created under the authority of this chapter.
(2) In order to establish a PRO zone, an applicant shall submit a petition (application). The application shall then be
considered for approval as provided in this Title.
3.31.030. Optional Schematic Development Plan
a. Schematic Plan Submittal.
An applicant may, prior to submitting a proposed PRO application as required
by Section 3.30.040 of this Chapter, submit an application showing a proposed schematic development plan
for the subject property. A schematic development plan shall be considered by the Planning and Zoning
Commission and City Council as provided in this section.
City of Rexburg Development Code: PRO
b. What to Include in a Schematic Development Plan:
A schematic development plan application shall
include the following:
i. A review fee of five hundred (500) dollars.
1. Fifty percent (50%) of the schematic development plan application fee may be applied to the
application fee for a PRO zone if the City Council recommends that an applicant submit the
application as provided in subsection (4) of this section.
2. A public hearing notice fee as required by The City Codes, and Administrative policies of The
City of Rexburg, ID.
3. A statement detailing efforts by the applicant to assemble property to achieve logical boundaries
for the proposed development.
4. A schematic development plan which shows how a property could be developed under proposed
PRO zone regulations. A schematic development plan shall be drawn to scale and must show a
realistic layout reflecting how the property reasonably could be developed considering the
development standards of a proposed PRO zone, and existing and envisioned conditions on the
subject property and adjoining property. A schematic development plan should show at least the
following; whatever is shown shall be construed as the intent of the plan:
a. Location of proposed uses, including dwelling unit density and occupancy.
b. Height, location, bulk and preliminary elevations of buildings.
c. Location, arrangement and configuration of open space, landscaping, and building setbacks.
d. Location, access points, and design of off-street parking areas.
e. Number, size and location of signs.
f. Street layout, and traffic and pedestrian circulation patterns, including proposed access to the
property.
g. Relationship of the property to adjoining and nearby properties and uses.
5. A schematic development plan is not intended to permit actual development of property pursuant
to such a plan but shall be prepared merely to represent how the property could be developed.
Submittal and review of an application for a schematic development plan shall not create any
vested rights to development.
c. Neighborhood Meeting.
A neighborhood meeting shall be held at least two (2) weeks prior to presenting
a schematic development plan at a meeting of the Planning and Zoning Commission.
d. Process Leading to the Public Hearing.
Pursuant to the notice and hearing requirements of the State and
Rexburg City Code, the schematic development plan shall be first submitted to the Planning and Zoning
Commission for a recommendation and thereafter to the City Council for consideration. After a public
hearing, the Council may vote to recommend that an applicant:
i. Submit an application for a PRO zone that would allow development:
or
1. As shown on the schematic development plan;
2. As amended to address issues identified by the City Council to accomplish the goals and
or
objectives of the Vision 2020 Comprehensive Plan;
3. Not submit a PRO zone application.
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City of Rexburg Development Code: PRO
3.31.040. PRO Zone Application Requirements
a. Requirements.
The following materials shall be included with every application for establishment of a
PRO zone:
i. Proposed zone name and location.
ii. A statement showing how the proposed PRO zone relates to the Comprehensive Plan and furthers the
intent of the Plan.
iii. A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for
the proposed development.
iv. Proposed zone text, including:
1. Permitted, conditional, and accessory uses (specifically listed and defined).
2. Proposed development standards, including:
a. Land use standards establishing land use types, occupancy, location, density, buffering and
any other element envisioned by applicable sections of the General Plan.
b. Lot standards establishing requirements for minimum lot area, depth, coverage, and
dimensions.
c. Building setback standards for front, side and rear yards.
d. Design standards addressing building height, building orientation, common and private open
space, natural resource protection, architectural design, and any other provisions proposed to
be included in the PRO zone.
e. Landscaping and buffering standards.
f. Parking.
g. A statement that the PRO zone will conform to all applicable chapters of Title 14 and Title
15, Rexburg City Code, except as may be specifically amended by the adopted PRO zone
text.
h. Evidence of justification for requested changes to such standards. Deviations from parking
and street standards set forth in Rexburg City Code are intended to be rare and shall be
approved by five (5) members of the City Council.
v. A preliminary project plan as provided in this Title and including the following additional information:
1. Relationship of the property to surrounding properties and uses.
2. Number, size and location of all proposed signs.
vi. A review fee of one thousand (1,000) dollars plus a fee of:
or
1. Thirty (30) dollars for each dwelling unit proposed in a residential project;
2. Ten (10) dollars for each one hundred (100) square feet of gross floor area in a non-residential
project.
vii. A public hearing notice fee as required.
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City of Rexburg Development Code: PRO
3.31.050. Review of PRO Zone Application - Approval
a. Neighborhood.
A neighborhood meeting shall be held at least two (2) weeks prior to presenting a PRO
zone application at a meeting of the Planning and Zoning Commission.
b. Considering an Application.
When considering an application for a proposed PRO zone, the Planning
and Zoning Commission may recommend, and the City Council may adopt, modifications to PRO
regulations and standards proposed by an applicant who, in the opinion of the approving authority, is
needed to meet the intent and requirements of this chapter.
c. Approval.
A proposed PRO zone application and associated preliminary project plan shall be approved
only if, in the opinion of the approving authority, development proposed on the property will:
i. Further applicable provisions of the Vision 2020 Comprehensive Plan and any applicable master plan,
particularly provisions which establish density limitations.
ii. Conform to applicable chapters of this Title and except as may be specifically amended by the adopted
PRO zone text.
iii. Preserve and enhance the subject property and neighborhood by achieving integrated planning and
design.
iv. Be compatible with development on adjoining and nearby property, both existing and as envisioned by
the Rexburg Comprehensive Plan.
v. Minimize the effect of traffic congestion and improve parking and air quality, including providing
opportunities for alternative modes of transportation such as walking, bicycling, or transit.
d. Development Agreement.
When deemed necessary or desirable by the City, application and approval of a
PRO zone and/or any development within a PRO zone may require the submission and approval of a
development agreement.
3.31.060. Zone Designation
a. Adopted PRO zone.
Upon approval each adopted PRO zone shall be listed in Section 3.30.100 of this
Chapter and shall be independent of any other PRO zone.
b. Text Amendment.
A text amendment to this Title which establishes regulations for a particular PRO zone
shall be adopted as a separate chapter of this Title and shall be identified sequentially, such as 3.30(1),
3.30(2), etc. Each such chapter shall have a unique name combined with the designation "PRO" followed
by a code categorizing the PRO by project type as (B) Business, (A) Apartment or other multi-family, or
(R) Residential - One family, then followed by a sequential number without regard to project category,
corresponding to the chapter number for the zone, the first of which shall be "1", as illustrated by the
following hypothetical names:
i. “Chapter 3.30(1). Imbler Heights (PRO R 1) Project Redevelopment Option Zone.”
ii. “Chapter 3.30(2). La Grande Terrace Apartments (PRO A 2) Project Redevelopment Option Zone.”
3.31.070. Permits Required
After approval of a PRO zone and an associated preliminary project plan, and prior to the issuance of any building
permits, a final project plan shall be submitted as required by this Title Rexburg City Code. Applications for
subdivision approval and any other needed permits shall be submitted as needed to implement an approved
preliminary project plan.
3.31.080. Project Plan Variations and Amendments
After a PRO zone is adopted and a preliminary project plan for the subject property has been approved, no material
variations shall be made to the preliminary project plan and the development standards adopted in the applicable
PRO zone unless the zoning text or map, as the case may be, is amended by the City Council to permit such
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variation. Such amendments to an approved preliminary project plan shall be obtained only by following the
procedures required for first approval set forth in this chapter.
3.31.090. Reversion of Zoning
Substantial action shall be taken to obtain needed additional approvals and begin construction authorized by such
approvals within one (1) year after the approval of a PRO zone. If a final project plan has not been approved within
one (1) year after a PRO zone has been applied to a specific property, action shall be initiated to rezone the property
to the zone previously existing on the property or such other zone as may be deemed appropriate by the City
Council.
3.31.100. PRO Zones Adopted
The following Project Redevelopment Option zones have been adopted:
Hemming Project Redevelopment Option Zone (PRO Zone) - passed by City Council on August 6, 2008, has not yet
been inserted into this document.
3.31.110. PRO Zone Reserved
3.31.120. 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.
3.31.130. Building 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.
3.31.140 Architectural Design Standards
Architectural design requirements are found in Chapter 4.13 Supplementary Regulations under Commercial Design
Standards.
3.31.150. Commercial Lighting Standards
Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations.
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