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HomeMy WebLinkAboutDraft_Ord_1250Page 1 SECTION 1: A MEND MEN T “1.02.020 Ready Team” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 1.02.020 Readymic D evelopment Team N ew businesses, new major developments, new developers to the City of Rexburg, and developers needing assistance w ith city administration and city processes may approach the Economic Development Ready Team for informal advice and direction. Such discussion shall be treated as advisory by both parties and a general record of the meeting shall be created. A.Objective. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values. B.Economic Development D irector. The Economic Development Director shall work as a liaison for those developers and business owners to facilitate and educate during the permitting process. C.Members. Members of the Economic D evelopmentReady Team shall be the Economic D eveloper, the Zoning Administrator, Building Official, Fire O fficial, Legal Counsel, and the City Engineer, and others as requested. D.It is recommended that the applicant discuss the application informally w ith the Economic D evelopmentReady Team prior to formal submission to help expedite the process. Depending upon the size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the City for processing. SECTION 2: A MEND MEN T “A ” of the R exburg Development Code is hereby am ended as follows: A M E N D M E N T A Page 2 For the purpose of this Ordinance, the follow ing words or phrases shall have the meaning respectively ascribed to them herein. A bandonment: To cease or discontinue a use or activity w ithout intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving a facility, or during periods of vacation or seasonal closure. Such interruptions shall not exceed tw elve (12) months in duration unless otherwise provided for in this O rdinance. Accessory Structure: A non- occupied subordinate structure detached from but located on the same lot as the principal structure, the use of w hich is incidental and ornamental to that of the principal structure. A ccessory U se: A use incidental to, and on the same parcel as, a principal use. Access Way: A n unobstructed w ay of specified w idth containing a drive or roadway which provides vehicular access. A griculture: For land designated as agriculture use, agriculture shall be the primary use of the parcel. To determine primary use, the use of land parcel shall be clearly for tilling of soil, horticulture, floriculture, forestry, viticulture, raising crops, raising livestock, farming, dairying, and animal husbandry, including uses customarily accessory and incidental thereto, but excluding slaughter houses and commercial feed lots. Land shall not be defined as exclusively agricultural in use w hen determined to be a land development program where subdivision of land is evident for suburban residential development lifestyle and purposes. A lternative tow er structure: Man-made trees, clock tow ers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or tow ers. A musement Arcades: A building or part of a building in which five (5) or more pinball machines, video games, or other similar player-oriented amusement devices are maintained. A nimal Unit: A unit to measure the quantity of domestic livestock per parcel, including offspring (minimum 1 acre required). A ntenna: Any exterior transmitting or receiving device mounted on a tow er, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), w ireless telecommunications signals or other communication signals. A ppeal: A ppeal means a request for review of the Zoning A dministrator ’s interpretation of any provision of this Ordinance or a request for a variance. A rea Light: Light that produces over one-thousand, eight hundred (1,800) lumens and is designed to light an exterior space. Articulate: To give emphasis to or distinctly identify a particular element. An articulated façade w ould be the emphasis of elements on the face of a w all including a change in setback, materials, roof pitch, or height. A utomobile Wrecking Yards: (See junk yard.) Aw ning: A projecting cover extending over a door, window or w all section with supports attached to the building and used as cover, protection, or as decoration. In mobile homes, this consists of a roof w ith supports and not more than one w all or storage cabinet substituting for a w all. SECTION 3: A MEND MEN T “D ” of the R exburg Development Code is hereby am ended as follows: A M E N D M E N T Page 3 D D aycare C enters: A building or structure w here care, protection, and supervision are provided on a regular schedule, at least three times a week for seven (7) or more children. (See subsection 4.00.040 Hom e O ccupations.) Dedication: The setting apart of land or interest in land for use by the public. Land becomes dedicated w hen accepted as a public dedication either by ordinance, resolution, or entry in the official minutes of the City or by the recording of a plat show ing such dedication. Density: The number of dw elling units per acre, excluding required public rights-of-w ay from acreage determination. D .E.Q: The State of Idaho D ivision of Environmental Quality D esign Standards: Statements and graphics intended to direct the planning and development of the built environment in a particular manner or style so that the end result contributes positively to the overall development. Development: Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term “development” does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the ow ner thereof pursuant to law ful rights and obligations. (Idaho Code 46-1021) D evelopment R eview Committee: The Development Review Committee consists of the Zoning Administrator, G .I.S. Department H ead, City Engineer, Fire D epartment Inspector, and Building Administrator or their designees. D omestic Livestock: Generally accepted outdoor farm animals (i.e., cow s, goats, horses, pigs, barnyard fow l, etc.) not to include cats, dogs, and other house pets measure in animal units. (See Animal U nit.) Page 4 D ormitory: A building used as group living quarters. Such group living quarters are generally associated with a college, university, boarding school, orphanage, convent, monastery, farm labor camp, or other similar use. (See PED O verlay.) D ormitory housing must be sprinkled as per the building code. For determining density, the total number of residents w ill be divided by six (6) for each dwelling unit counted. Dow n-lighting: Fully shielded light that is directed in such a manner as to shine light rays only below the horizontal plane. Drainage Plan: A drainage plan is required for all new construction. The plan shall be part of the required Infrastructure Plan and should identify drainage paths (w ith heights), perforated drain pipes around footings (as required), retaining and detaining basins (if used), slope aw ay from foundations, injection wells (if used), gutters and catch basins (if used), pipe size and location (as applicable), and other drainage details as needed. For all but single family home projects (including duplexes and tw in homes) storm water run-off calculations are required as per the City Engineer. D rivew ay: A drivew ay is a vehicular ingress and egress route that serves no more than five (5) single-family dwellings, not including accessory structures. Duplex: A residential structure separated into tw o (2) independent living units w ith a common owner and a shared yard. Tw o (2) homes in one structure w ith one (1) lot underneath. D welling: A building or portion thereof that provides living facilities for one or more families. A.Multi-family Dw elling: A detached residential building containing three or more dwelling units, including what is commonly known as an apartment buildings or condominiums. B.Single-family D welling: O ne or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. 1.D wellings, Single-family A ttached- Tw in Homes or D uplexes: Tw o (2) or more dwelling units w hich may share a common w all (tw inhomes) or ceiling/floor (duplexes). These structures are also considered to be townhouses. 2.Tow n Homes: A single structure consisting of three (3) or more dw elling units having one or more w alls abutting with another dw elling and designed to have all exits open directly to the outside. SECTION 4: A MEND MEN T “T-U ” of the Rexburg D evelopment Code is hereby am ended as follows: A M E N D M E N T T-U Page 5 Temporary U se: A prospective use, intended for a limited duration, generally six (6) months or less, to be located in a zoning district not permitting such use and not continuing such use or building. Tow er: A ny structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice tow ers, guyed towers, or monopole tow ers. The term includes radio and television transmission tow ers, microw ave tow ers, common-carrier towers, cellular telephone tow ers, alternative tower structures, and the like. The term includes the structure and any support thereto. This term excludes those used exclusively for dispatch communications. Tow n Homes: Town Homes must have the first floor tw o (2’) feet above grade w hen adjacent to right-of-way. (See dwellings, single-fam ily, attached.) Truck Terminal: Land buildings used as a relay station for the transfer of a load from one (1) vehicle to another or one (1) party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal. Tw in Home: A twin home differs from a duplex by having tw o (2) dwellings that each ow n the property that they are built on and each dw elling ow ns their ow n yard. Unsuitable Land: Land which the Commission determines to be unsuitable for subdivision because of periodic flooding, poor drainage, excessively steep slopes or other features likely to be harmful to the safety and general health and w elfare of the future residents. Unsuitable land shall not be subdivided unless adequate methods are utilized to overcome these conditions. U sable Lot A rea: That portion of a lot usable for or adaptable to the normal uses made of the property, excluding any areas w hich may be covered by water, excessively steep, or included in certain types of easements. Utilities: Installation or facilities, underground or overhead, furnished for use by the public, including but not limited to electricity, gas, steam, communications, w ater, television, drainage, irrigation, sew age disposal, or flood control, w hether ow ned and operated by any person, firm, corporation, municipal department, or board duly authorized by state or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments, or boards, as applicable herein. Utility Yard: Any electrical, gas, steam, communications, water, television, drainage, irrigation, sew age disposal or flood control yard that has equipment exposed. Yards are required to be screened. If equipment is underground, in a vault or above ground in a building it need not be screened. Vacant properties: Vacant properties for this purpose are defined as those that have been vacant for over a substantial number of years or those that have had buildings or improvements removed and have been vacant for a substantial number of years. SECTION 5: A MEND MEN T “3.02.050 Clear View O f Intersecting Streets; Sight Triangle” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T Page 6 3.02.050 Clear View O f Intersecting Streets; Sight Triangle For the purpose of ensuring reasonable visibility and safety in residential zones and other zones w hich require buildings to be set back from the property lot line, the triangle of land formed on any corner lot by drawing a line betw een points on the lot lines w hich are thirty feet (30’) from the intersection of such lot lines shall be free from any sight obscuring structure or obstruction except as permitted below. (See Sight Triangle definition.) A.Trees in such triangles shall be trimmed to at least ten (10’) feet above the centerline grades of the intersecting streets. B.Shrubs, fences, and walls shall not be higher than three (3’) feet above the centerline grades of the intersecting streets. C.Exception: Mixed U se and Central B usiness District. SECTION 6: A MEND MEN T “3.02.060 Distance B etw een Buildings” of the R exburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.060 Distance B etw een Buildings A.Single-family D welling & A ccessory Building. The distance between any accessory building and a single-family dw elling on the same lot shall not be less than six (6’) feet as specified in the IRC building code. B.Accessory Building & Commercial Building and Greater T han Single-family, Residential Dw elling. The distance betw een an accessory building and a commercial main building or an accessory building and a dwelling w hich contains more than one single family on the same lot shall not be less than ten (10’) feet as specified in the IBC building code. C.Accessory Building & Adjacent Lot in Residential. A n accessory building shall be more than six (6’) feet away from any building structure on any adjacent lot lying within a residential zone D.Dw ellings on the Same Lot. The distance betw een buildings containing dwellings on the same lot shall not be less than ten (10’) feet.. 1. E.The Building Code may require a greater distance betw een buildings. F.Exception: U nless approved as townhomes. SECTION 7: A MEND MEN T “3.02.070 Accessory” of the Rexburg D evelopment Code is hereby amended as follow s: Page 7 A M E N D M E N T 3.02.070 Accessory A ccessory structures are permitted in a zone, provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. A.Permitted Accessory Uses. Such permitted accessory uses and structures include, but are not limited to the follow ing: 1.R esidential. Accessory building such as garages, carports, equipment storage buildings, and supply storage buildings, w hich are customarily used in conjunction w ith and incidental to a principal use or structure, shall be permitted. 2.Storage of materials used for construction of a building, including the contractor ’s temporary office, provided that such use shall be permitted only during the construction period and thirty (30) days thereafter. 3.C ommercial and Other Zones Only-Other than Residential. Equipment storage buildings and supply storage buildings. B.Accessory Building Requirements. A ccessory buildings shall: 1.H ave a building footprint and height less than the main dw elling. 2.Comply w ith all lot coverage requirements in the existing zone. 3.Comply w ith the latest and most current, adopted Building Code of Rexburg, ID . 4.O nly be used for those accessory uses allowed in the respective zone. 5.The accessory building shall have facilities for the discharge of all roof drainage on to the lot or parcel on w hich it is erected. 6.Location. (See subsection 3.02.060.) a.Front Yard. N ot be placed in the front yard. b.Side Yard. Meet the same side yard requirements as a principal building when the accessory building is: (1)(R esidential) larger than two hundred (200) square feet or taller than ten (10’) feet in height. (2)(C ommercial) larger than one-hundred-tw enty (120) square feet or taller than ten (10’) feet in height. c.Rear Yard. Accessory building may be placed in any location in the rear yard, unless the accessory building is a garage w ith doors opening into a City-owned alley. Such garages shall be located at least fifteen (15’) feet from the alley. d.Accessory Building & Adjacent Lot in Residential. A n accessory building shall be more than sixten (610’) feet or more aw ay from any building or structure on any adjacent lot lying w ithin a residential zone. (1).Reduced Distances Betw een B uildings. A dditional requirements may be needed per the adopted City of Rexburg Codes for reduced distances betw een buildings. (Move to Page 8 3.02.070.) 7.A ccessory Building Size. a.Adjacent to R esidential U se or Z one. If adjacent to a residential use or zone, the accessory building shall not exceed ten (10’) feet in height, nor tw o-hundred (200) square feet. b.If not adjacent to residential use or zone. If not adjacent to a residential use or zone, larger accessory buildings shall be allowed and shall meet the standard rear yard setback for principal buildings in the zone. 8.Building Permit. A building permit is required w hen the accessory building is larger than two-hundred (200) square feet for single-family, residential, building uses and one-hundred-twenty (120) square feet for commercial buildings and dw ellings greater than a single family. C.Exception: U niversity D istrict (U D ) SECTION 8: A MEND MEN T “3.02.100 Screening A nd Landscaping” of the R exburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.100 Screening A nd Landscaping The following are minimum standards. A dditional landscaping elements may be allowed as per review by the Zoning Administrator or D esignee. Screening and fences w ithin the City shall be constructed and maintained in conformance w ith the follow ing standards: A.Landscaping. Plant material size (minimum), at time of planting: 1.D eciduous trees- Tw o (2”) inch caliper around the trunk of the tree 2.Evergreen trees- Seven (7’) feet in height from root collar to top of tree crow n 3.Shrubs- Five (5) gallon containers 4.Landscaping must be maintained as in its original design and purpose. B.Buffers. B uffers shall be separated from the city right-of-way and consist of a minimum five (5') feet wide landscape strip to be planted w ith ground cover, one (1) deciduous tree and five (5) shrubs, per thirty (30') lineal feet. (For comm ercial see 3.04.060.5.c.) C.Landscape Strip. In all zones, the area between the curb and gutter and the sidew alk is to be landscaped, per Rexburg Engineering Street C ross Sections, by the adjacent property ow ner. 1.Landscaping shall be maintained by the adjacent property ow ner. 2.Columnar trees shall not be in the landscape strip D.Parking A reas. (See subsection 3.04.060.A.) E.Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential zones, or undeveloped land show n as a residential use on the Page 9 Comprehensive Plan, there shall be provided along the abutting property line, a yard equal in width to that required in the residential zone. 1.The yard shall be planted with a combination of trees, low shrubs, and ground cover, and/or a suitable fence otherwise in compliance w ith this ordinance of sufficient height and density to screen the two parcels, as specified by the Planning and Zoning Commission. F.High D ensity R esidential U ses. 1.Where a lot in the HD R1 or HRD2 district adjoins a lot (not a right-of-w ay) in the LD R or MDR zones or unincorporated and designated as single-family on the C omprehensive Plan map, a five (5’) feet w ide landscaped buffer shall be provided on said property line. (See A of this subsection for tree and bush sizes.) 2.When a public street is located betw een the front lot line of the H D R zone and a single-family zone, a landscaped buffer seven (7’) feet wide or as required for front yard setbacks, w hichever is greater, shall be constructed and maintained on the front lot line. G.Highw ay 20 C orridor. A ll development adjacent to the Highway 20 right-of-way must submit an Infrastructure Plan to the Zoning A dministrator or designee to be approved for design prior to obtaining a building permit. 1.Landscape B uffer. Parcels directly adjacent to the H ighw ay 20 right-of-way must have buildings buffered with deciduous two (2”) inch caliper trees at twenty (20’) feet spacing and tw o (2) shrubs betw een trees. 2.C ommercial D esign Standards. B uilding facades adjacent to H ighw ay 20 right-of-way which meet the requirements of commercial design standards (including “eyes to the street” requirements) found in section 7.0 may reduce buffering to deciduous tw o (2”) inch caliper trees at fifty (50’) feet spacing and eight (8) shrubs between trees. 3.Setback. A minimum setback of tw enty-five (25’) feet is required from any building to the H ighw ay 20 right-of-w ay or a one-to-one setback to height requirement, whichever is greater. 4.Landscaping must be maintained. H.Open Storage A rea. O pen storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped strip at least seven (7’) feet in width with plantings that hide the open storage (as approved by the Zoning Administrator or designee). 1.N o front yard storage. Open storage shall not be located w ithin a required front yard. I.Utility yards. When utility yards are in zones other than Industrial or adjacent to any residential zone or commercial zone, then screening is required. 1.The screening required shall consist of a seven (7’) foot tall decorative masonry wall or otherwise approved privacy fence by the Zoning A dministrator that is set back from the right-of-w ay seven (7’) feet and at the property line when not adjacent to the right-of-w ay. a.Maintenance. The area between the right-of-way and the wall shall be landscaped w ith decorative rock and shall be kept free of w eeds. Page 10 (1)The area betw een the right-of-w ay and the w all shall be planted with one tw o (2”) inch caliper deciduous tree and five 5-gallon bushes every thirty (30’) feet. (2)Trees and bushes required by this section shall be irrigated w ith a water drip system. 2.Water tanks are not required to be screened. 3.Pumps and other equipment associated w ith w ater tanks will be in below - grade vaults, in buildings or shall be screened as utility yards. SECTION 9: A MEND MEN T “3.02.110 Fencing Requirements” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 3.02.110 Fencing Requirements N o w all, fence, screen, or opaque hedge or screening material shall be maintained w ithin a required front yard, or an area w hich would tend to inhibit a safe sight distance of traffic traveling upon a public street, or entering into the public street from a private drivew ay or alley, or pedestrian public w ay. (See Sight Triangle definition in Chapter 2) A.All fencing must obtain administrative review and approval by the Planning & Zoning department. B.Fence Types Not Permitted. 1.Floodplain. N o fence shall be constructed in the floodw ay w ithout approval of the Planning and Zoning Commission. 2.Barbed Wire/Electric. Barbed wire fences and electric fences shall not be erected or maintained unless approved by the Planning and Zoning Commission. a.Except for agriculture use in Rural Residential 1 (RR 1) & Transitional Agriculture (TA G ). C.Maintenance. Fences shall be maintained in a good state of repair. D.Fence Height. The height of any fence, wall, or sight-obscuring objects within fifteen (15’) feet of the right-of-w ay shall be a maximum of three (3’) feet in height measured from the natural grade of the property on w hich it is located. 1.Fences w ithin 15' of the right-of-w ay are permitted would be allowed between three (3’) to six (6’) feet high if constructed out of rigid materials and approved by the Zoning Administrator or designee with up to three (3') feet solid and three to six (3'-6') feet fifty (50%) percent or more see-through per lineal foot outside of the sight triangle. a.(See Site Triangle 3.02.050 for lot lines adjacent to road intersections). E.Rear Yard. In a rear yard, w alls and fences may be betw een three and six feet (3’-6’). Page 11 A fence may be built along the property line in a rear yard. 1.D og R uns. Dog runs shall be placed in rear yards only and shall be at least ten (10’) feet from another residence. 2.Building Permit. Fences over seven (7’) feet in height must obtain a building permit. a.Height Limit. Fences shall not be greater in height than eight (8’) feet. F.Commercial Adjacent to R esidential. A vinyl or masonry fence of at least six (6’) feet in height shall be erected along all property lines which lie adjacent to a residential zone or use, except front yards, w here the height of the fence shall not exceed thirty- six (36”) inches within fifteen (15’) feet of the right-of-w ay. 1.In the case w here there is mutual agreement between the property ow ners of the commercial zone and the adjacent residential zone, the Planning and Zoning Commission shall give considerable w eight to the w ishes of the parties involved. G.Schools, C hurches, U niversities, C olleges, Hospitals, N ursing Homes, C ity and County. The height, location and placement of fences by the foregoing entities may be altered, subject to prior written approval of the Zoning A dministrator. H owever, sight triangles at any intersection must be maintained pursuant to Section 3.02.050. of this O rdinance. (See Sight Triangle definition.) H.Grade Differences. Where there is a difference in the grade of the properties on either side of a fence, w all or other similar structure, the height of the fence shall be measured from the natural grade of the property upon w hich it is located. I.Pedestrian Gates. Pedestrian access gates shall swing inward w hen adjacent to a public sidew alks. (See 3.02.170.) J.Exceptions. 1.The provisions of this section shall not apply to 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 R exburg City Code or other City Ordinances. 2.R etaining Walls. Where a retaining w all 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 w ould otherwise be permitted at the location if no retaining w all existed only after approval by the Zoning A dministrator. 3.A ll other exceptions must obtain Planning & Zoning C ommission approval. SECTION 10: A MEND MEN T “3.02.170 Sidew alks” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 3.02.170 Sidew alks Page 12 A.Fence A djacent to Public Sidew alk. When a fence is placed adjacent to a public sidew alk in residential zones, sidew alks shall be either six (6') feet in w idth or a one (1') foot landscape strip shall be maintained between the standard sidewalk and the fence. 1.Exempt in Mixed Use (MU). B.In all zones, all buildings erected, established, or rebuilt shall be required to place sidew alks at the location indicated in the current C ity Engineering Standards, where conditions permit. (See Appendix.B.) 1.Exempt in Transitional Agriculture (TAG ). SECTION 11: A D OPTION “3.02.180 Flag Poles” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 3.02.180 Flag Poles(Added) Flag poles that serve a non-advertising purpose are exempt from height restrictions provided they can be erected w ithout creating any safety issues. SECTION 12: A DOPTION “3.02.190 Animals” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 3.02.190 Animals(Added) A.Animal Units (A U). Animal U nits per acre. 1.Cow - 1 A U 2.H orse - 1 A U 3.Llama - 1 A U 4.Beehive - 1 A U 5.Chicken - 0.05 AU 6.Rabbit - 0.05 A U 7.G oat - 0.2 AU 8.Sheep - 0.2 AU 9.Pigs - 0.5 A U 10.Exotic - R equires a Conditional Use Permit (CU P). Page 13 SECTION 13: A MEND MEN T “4.01.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.01.020 Permitted Uses Permitted Principal U ses. The following principal uses and structures indicated as “P”, and no others, shall be permitted in the RR 1 zone. The follow ing uses and structures indicated as “C UP” may be permitted in the RR1 zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. Page 14 RU RA L R ESID EN TIAL 1 R esource Production A griculture P R esidential A ccessory Apartment CUP A ccessory Building P Manufactured – H ouse on permanent foundation (>24’ w ide)P Mobile H ome Courts & Subdivisions CUP Single-family D welling P Group Housing B oarding H ouses (See subsection 3.02.160.)*P C are Facilities A ssisted and Residential Care Facility CUP D ay Care C enters CUP G roup Home (Disabled & Elderly; under 8 residents)P Place of Worship C hurches, Synagogues and Temples CUP Schools, public or private N ursery Schools CUP Schools CUP Outdoor Recreation Ice Skating CUP Parks and Playgrounds, Skate Parks CUP Pools CUP Tennis Courts CUP Services A ccessory Home B usiness (See subsection 4.00.040.)CUP A ccessory Home O ccupation (See subsection 4.00.040.)P C emeteries CUP U tilities C ommunications CUP Electricity Regulating Substations CUP U tility and Public Facilities CUP *For Boarding H ouses, a Review is required for Neighborhood Compatibility for Parking, Screening, Lighting and Landscaping to be approved by the Zoning A dministrator or designee. A.Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Page 15 B.Animals. 1.H ousehold pets are allowed. 2.N o more than tw o (2) domestic livestock for each (1) acre shall be allowed. O ne (1) animal unit is permitted per (1) acre. SECTION 14: A MEND MEN T “4.02.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.02.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the R R2 zone. The follow ing uses and structures indicated as “CU P” may be permitted in the R R2 zone only after a C onditional Use Permit has been approved, and subject to the terms and conditions thereof. Page 16 RU RA L R ESID EN TIAL 2 R esource Production A griculture P A ccessory A ccessory A partment CUP A ccessory B uilding P D etached N on-family A ccessory Apartment for Profit CUP R esidential Manufactured – H ouse on permanent foundation (>24’ w ide P Mobile H ome Courts & Subdivisions CUP Single-family D w elling P Group Housing Boarding H ouses (See subsection 3.02.160.)*P C are Facilities A ssisted and Residential C are Facility CUP D ay C are Centers CUP G roup H ome (D isabled & Elderly; under 8 residents)P Place of Worship Churches, Synagogues and Temples CUP Schools, public or private N ursery Schools CUP Schools CUP Outdoor Recreation Ice Skating CUP Parks and Playgrounds, Skate Parks CUP Pools CUP Tennis C ourts CUP Services A ccessory H ome Business (See subsection 4.00.040.)CUP A ccessory H ome O ccupation (See subsection 4.00.040.)P Cemeteries CUP U tilities Communications CUP Electricity Regulating Substations CUP U tility and Public Facilities CUP *For Boarding H ouses, a Review is required for Neighborhood Compatibility for Parking, Screening, Lighting and Landscaping to be approved by the Zoning A dministrator or designee. A.Permitted & Conditional A ccessory U ses. (See subsections 3.02.070., 4.00.020.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. Page 17 1.A nimals. O nly household pets are permitted. SECTION 15: A MEND MEN T “4.03.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.03.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LD R1 zone. The following uses and structures indicated as “C UP” may be permitted in the LD R1 zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. L OW D EN SITY R ESIDE NT IA L 1 R esidential Single-family Dw elling - detached P A ccessory Accessory Building P Group Housing Boarding Houses (See subsection 3.02.160.)*P C are Facilities Group H ome (D isabled & Elderly; under 8 residents)P Hospitals CUP Place of Worship Churches, Synagogues and Temples CUP Schools, public or private Schools CUP Outdoor Recreation Athletic Fields CUP Golf Courses CUP Parks and Playgrounds, Skate Parks CUP Recreation Centers CUP Services Accessory H ome Business (See subsection 4.00.040.)CUP Accessory H ome Occupation (See subsection 4.00.040.)P U tilities Communications CUP Electricity R egulating Substations CUP Utility and Public Facilities CUP *Boarding H ouses require a review for N eighborhood Compatibility for Parking, Page 18 Screening, Lighting and Landscaping to be approved by the Zoning A dministrator or designee. A.Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A nimals. O nly household pets are permitted. B.1. SECTION 16: A MEND MEN T “4.04.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.04.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LD R2 zone. The following uses and structures indicated as “C UP” may be permitted in the LD R2 zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. Page 19 LOW D EN SITY R E SID EN TIAL 2 R esidential D uplex*P Manufactured – H ouse on permanent foundation (>24’ w ide)P Mobile H ome Courts & Subdivisions CUP Single-family D welling P Tw in Home*P A ccessory A ccessory Building P Group Housing B oarding H ouses (See subsection 3.02.160.)P C are Facilities A ssisted and Residential Care Facility CUP G roup Home (Disabled & Elderly; under 8 residents)P H ospitals CUP Place of Worship C hurches, Synagogues and Temples CUP Schools, public or private N ursery Schools CUP Schools CUP Outdoor Recreation A thletic Fields CUP G olf C ourses (w/Country Club)CUP Ice Skating CUP Parks and Playgrounds, Skate Parks CUP Pools (Stand-Alone)CUP R ecreation C enters CUP Tennis Courts CUP Services A ccessory Home B usiness (See subsection 4.00.040.)CUP A ccessory Home O ccupation (See subsection 4.00.040.)P C emeteries CUP Libraries CUP U tilities C ommunications CUP Electricity Regulating Substations CUP U tility and Public Facilities CUP Page 20 *For Boarding H ouses, Tw in H omes and D uplexes, a Review is required that addresses N eighborhood Compatibility for parking, screening, lighting, landscaping or other concerns to be approved by the Zoning A dministrator or designee. A.Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A nimals. O nly household pets are permitted. SECTION 17: A MEND MEN T “4.05.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.05.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the LD R3 zone. The following uses and structures indicated as “C UP” may be permitted in the LD R3 zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. Page 21 LOW D EN SITY R E SID EN TIAL 3 R esidential D uplex*P Manufactured – H ouse on permanent foundation (>24’ w ide)P Mobile H ome Courts & Subdivisions CUP Single-family D welling P Tw in Home* and Townhomes P A ccessory A ccessory Building P Group Housing B oarding H ouses (See subsection 3.02.160.)P C are Facilities A ssisted and Residential Care Facility CUP G roup Home (Disabled & Elderly; under 8 residents)P H ospitals CUP Place of Worship C hurches, Synagogues and Temples CUP Schools, public or private N ursery Schools CUP Schools CUP Outdoor Recreation A thletic Fields CUP G olf C ourses (w/Country Club)CUP Ice Skating CUP Parks and Playgrounds, Skate Parks CUP Pools (Stand-Alone)CUP R ecreation C enters CUP Tennis Courts CUP Services A ccessory Home B usiness (See subsection 4.00.040.)CUP A ccessory Home O ccupation (See subsection 4.00.040.)P C emeteries CUP Libraries CUP U tilities C ommunications CUP Electricity Regulating Substations CUP U tility and Public Facilities CUP Page 22 *For Boarding H ouses, Tw in H omes and D uplexes, a Review is required that addresses N eighborhood Compatibility for parking, screening, lighting, landscaping or other concerns to be approved by the Zoning A dministrator or designee. A.Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A nimals. O nly household pets are permitted. SECTION 18: A MEND MEN T “4.05.070 Lot C onfiguration And Density” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 4.05.070 Lot C onfiguration And Density A.One (1) single-family dw elling unit may be placed on a parcel of land or lot in the LD R3 zone. N o more than tw o (2) dwelling units in any one (1) structure. B.The maximum density permitted in this district is ten (10) dw elling units per acre. C.Increased density may only be achieved through an approved Planned U nit Development. D. SECTION 19: A MEND MEN T “4.06.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.06.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the MD R1 zone. The follow ing uses and structures indicated as “CU P” may be permitted in the MD R1 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. MED IU M D EN SITY R E SID EN TIAL 1 R esidential D uplex P Single-family Dw elling P Manufactured – H ouse on permanent foundation (>24’ w ide)P Page 23 Twin H ome P A ccessory A ccessory B uilding P Group Housing Bed and Breakfast Inn (See subsection 3.02.160.)P Boarding H ouses (See subsection 3.02.160.)P D ormitory, Fraternity, Sorority CU P Mobile Home Courts and Subdivisions CU P Multi-Family P Short-Term Rental (See subsection 3.02.160.)P Townhome P C are Facilities A ssisted and Residential C are Facility CU P D ay Care Centers P G roup H ome (D isabled & Elderly; under 8 residents)P H ospitals CU P Residential Facility for Elderly Persons (greater than 8 residents) CU P Place of Worship Churches, Synagogues and Temples CU P Schools, public or private N ursery Schools P Schools CU P Outdoor Recreation A thletic Fields CU P G olf Courses (w /C ountry C lub)CU P Ice Skating CU P Parks and Playgrounds, Skate Parks CU P Pools CU P Page 24 Recreation Centers CU P Tennis C ourts CU P Services A ccessory H ome Business (See subsection 4.00.040.)CU P A ccessory H ome Occupation (See subsection 4.00.040.)P Cemeteries CU P Libraries CU P Transportation A utomobile Parking Lots and G arages (Separate) CU P U tilities Communications CU P Electricity Regulating Substations CU P U tility and Public Facilities CU P A.Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A nimals. O nly household pets are permitted. SECTION 20: A MEND MEN T “4.07.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.07.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the MD R2 zone. The follow ing uses and structures indicated as “CU P” may be permitted in the MD R2 zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. MED IU M D EN SITY R E SID EN TIAL 2 Page 25 R esidential D uplex P Single-family Dw elling P Manufactured – H ouse on permanent foundation (>24’ w ide)P Twin H ome P A ccessory A ccessory B uilding P Group Housing Bed and Breakfast Inn (See subsection 3.02.160)P Boarding H ouses (See subsection 3.02.160)P D ormitory, Fraternity, Sorority (up to 10 units/building)CU P Mobile Home Courts and Subdivisions CU P Multi-Family P Short-Term Rental (See subsection 3.02.160)P Townhome P C are Facilities A ssisted and Residential C are Facility CU P D ay Care Centers P G roup H ome (D isabled & Elderly; under 8 residents)P H ospitals CU P Residential Facility for Elderly Persons (greater than 8 residents) CU P Place of Worship Churches, Synagogues and Temples CU P Schools, public or private N ursery Schools P Schools CU P A thletic Fields CU P G olf Courses (w /C ountry C lub)CU P Ice Skating CU P Page 26 Outdoor Recreation Parks and Playgrounds, Skate Parks CU P Pools CU P Recreation Centers CU P Tennis C ourts CU P Services A ccessory H ome Business (See subsection 4.00.040.)CU P A ccessory H ome Occupation (See subsection 4.00.040.)P Cemeteries CU P Libraries CU P Transportation A utomobile Parking Lots and G arages (Separate) CU P U tilities Communications CU P Electricity Regulating Substations CU P U tility and Public Facilities CU P A.Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A nimals. O nly household pets are permitted. SECTION 21: A MEND MEN T “4.08.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.08.020 Permitted Uses Page 27 The following principal uses and structures indicated as “P”, and no others, shall be permitted in the H DR 1 zone. The follow ing uses and structures indicated as “CUP” may be permitted in the H DR 1 zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. HIGH DE NSITY R ESID ENTIA L 1 R esidential D uplex P Single-family D welling CU P Manufactured – H ouse on permanent foundation (>24’ w ide)CU P A ccessory A ccessory Building P Group Housing B ed and Breakfast Inn (See subsection 3.02.160)P B oarding H ouses (See subsection 3.02.160)P D ormitory, Fraternity, Sorority CU P Mobile H ome Courts and Subdivisions P Multi-Family P Short-Term Rental (See subsection 3.02.160)P C are Facilities A ssisted and Residential Care Facility P D ay C are Centers P D isabled Persons Residential Facility P G roup Home (Disabled & Elderly; under 8 residents)P H ospitals CU P R esidential Facility for Elderly Persons P Place of Worship C hurches, Synagogues and Temples CU P Schools, public or private N ursery Schools P Schools CU P Outdoor Recreation A thletic Fields CU P G olf Courses (w/Country Club)CU P Ice Skating CU P Parks and Playgrounds, Skate Parks CU P Pools CU P R ecreation C enters CU P Page 28 Tennis Courts CU P Services A ccessory H ome O ccupation (See subsection 4.00.040.)P A ccessory H ome Business (See subsection 4.00.040.)CU P C emeteries CU P Libraries CU P Transportation A utomobile Parking Lots and G arages CU P A utomobile Parking Lots and G arages (Separate)CU P U tilities C ommunications CU P Electricity Regulating Substations CU P U tility and Public Facilities CU P A.Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A nimals. O nly household pets are permitted. SECTION 22: A MEND MEN T “4.09.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 4.09.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the H DR 2 zone. The follow ing uses and structures indicated as “CUP” may be permitted in the H DR 2 zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. HIGH DE NSITY R ESID ENTIA L 2 R esidential D uplex P Single-family D welling CU P Manufactured – H ouse on permanent foundation (>24’ w ide)CU P A ccessory A ccessory Building P B ed and Breakfast Inn (See subsection 3.02.160)P Page 29 Group Housing B oarding H ouses (See subsection 3.02.160)P D ormitory, Fraternity, Sorority CU P Mobile H ome Courts and Subdivisions P Multi-Family P Short-Term Rental (See subsection 3.02.160)P C are Facilities A ssisted and Residential Care Facility P D ay C are Centers P G roup Home (Disabled & Elderly; under 8 residents)P H ospitals CU P R esidential Facility for Elderly Persons P Place of Worship C hurches, Synagogues and Temples CU P Schools, public or private N ursery Schools P Schools CU P Outdoor Recreation A thletic Fields CU P G olf Courses (w/Country Club)CU P Ice Skating CU P Parks and Playgrounds, Skate Parks CU P Pools CU P R ecreation C enters CU P Tennis Courts CU P Services A ccessory H ome O ccupation (See subsection 4.00.040.)P A ccessory H ome Business (See subsection 4.00.040.)CU P C emeteries CU P Libraries CU P Transportation A utomobile Parking Lots and G arages CU P Separate Parking Lots CU P U tilities C ommunications CU P Electricity Regulating Substations CU P U tility and Public Facilities CU P Page 30 A.Permitted Accessory Uses. (See subsections 3.02.070., 4.00.020.) A ccessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1.A nimals. O nly household pets are permitted. SECTION 23: A MEND MEN T “5.03.020 Permitted Uses” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 5.03.020 Permitted Uses The following principal uses and structures indicated as “P”, and no others, shall be permitted in the TA G zone. The following uses and structures indicated as “C U P” may be permitted in the TA G zone only after a Conditional U se Permit has been approved, and subject to the terms and conditions thereof. Page 31 TR AN SITION AL AGRIC ULT UR E R esource Production Agriculture P R esidential Manufactured - H ouse on permanent foundation (>24' wide)P Mobile H ome Courts & Subdivisions CU P Single-family D w elling P Group Housing Boarding Houses (See subsection 3.02.160.)*P C are Facilities Group H ome (D isabled & Elderly; under 8 residents)P Hospitals CU P Places of Worship Churches, Synagogues and Temples CU P R ecreation Public buildings CU P Stadiums, arenas, field houses CU P Schools, public or private Schools CU P Services Accessory Home Business (See subsection 4.00.040.) CU P Accessory Home O ccupation (See subsection 4.00.040.)P Airports CU P Animal Veterinarian Services (inside only)CU P Cemeteries CU P Commercial K ennels CU P U tilities Broadcasting Towers CU P *For Boarding H ouses, a Review is required for Neighborhood Compatibility for Parking, Screening, Lighting and Landscaping to be approved by the Zoning A dministrator or designee. SECTION 24: A MEND MEN T “5.03.030 Permitted Accessory Uses” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 5.03.030 Permitted Accessory Uses (See subsection 3.02.070.) Page 32 A ccessory uses and structures are permitted in the TA G 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: A.Residential Uses. (See subsection 4.00.020.) B.Sw imming pools and incidental bath houses subject to the standards of Rexburg C ity Code. C.No Open Storage. N othing herein shall be construed to permit the open storage of materials or equipment used in conjunction w ith permitted uses, or shall be concealed from view from public or private streets. D.Livestock. N o more than ten (10) livestock are permitted in a TAG zone. How ever, 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 w ould constitute a “business” as opposed to that of the raising of agricultural crops and/or pasture. Animals. Two (2) animal units are permitted per (1) acre. SECTION 25: A MEND MEN T “7.00.050 Building H eight” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 7.00.050 Building H eight A.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 B uilding Code as adopted by Rexburg C ity, and shall not exceed one- hundred fifty-five (55 150’) feet in maximum height, unless adjacent to residentialmeasured at the top of building’s horizontal w all. 1.A djacent to Residential. B uildings adjacent to residential shall not exceed fifty-five (55') feet in height, measured at the top of the building's horizontal w all. SECTION 26: A MEND MEN T “9.03.020 Definitions” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 9.03.020 Definitions Terms involving sexually-oriented businesses shall have the meaning set forth in chapter 2 of Page 33 Terms involving sexually-oriented businesses shall have the meaning set forth in chapter 2 of this Ordinance. SECTION 27: A MEND MEN T “10.01.030 Jurisdictions” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 10.01.030 Jurisdictions The regulations apply to the subdividing of all land w ithin the city and include the following: A.The division of an original parcel of land into more than three (3) parcels Subdivision of land into three (3) or more parcels for the transfer of ow nership or development. (To match Madison County subdivision definition.) 1.Publicly Maintained Street Frontage. These lots or parcels created shall front a publicly maintained street unless approved by the C ommission and City C ouncil. B.Dedication of a Street or A lley. The dedication of any street or alley through or along any tract of land except where such dedication is initiated at the requirement of a public body. C.Condominium Projects as permitted by Idaho statutes. (See subsection 10.09.020.) D.The re-subdivision of a parcel of land into more than one (1) parcel except as provided in the exceptions listed below: 1.Lot Line A djustment. A lot-line-adjustment w hich does not reduce the area, frontage, width, depth, or building setback lines to fall below the minimums required by the zoning regulations. 2.Large Lots or Agriculture. A subdivision of land into parcels that are larger than forty (40) acres or are lots in a section of land show n on the official U .S. G overnment General Land O ffice Township Survey maps including re- subdivisions and designed exclusively for agricultural purposes, and w hich do not involve any new street dedication of the creation of private easement access to lots or parcels w hich could otherw ise be provided access to a publicly dedicated street. (See definition of agriculture.) 3.Settlement of Estate or C ourt Decree. A n allocation of land in the settlement of an estate or a court decree for the distribution of property w ith the stipulation that the land may not be divided into more than four (4) parcels w ith a minimum size per parcel to be five (5) acres, or create lots that do not meet the requirements of the zoning regulations. 4.U nw illing Sale. The unw illing sale of land as a result of legal condemnation as defined and allow ed in the Idaho Code and w hen the dedication of a right- of-way for public purposes is initiated by a public body. 5.Trade or Sale to Straighten Boundaries. The exchange of land for the Page 34 purpose of straightening property boundaries or by adding land to existing parcels by trade or sale which does not result in change of the present land use or in any way result in land parcels w hich do not meet existing zoning regulations. SECTION 28: A MEND MEN T “10.2 Lot Line Adjustment” of the R exburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 10.2 Lot Line Adjustment A.Purpose: Trade or Sale to Straighten Boundaries. The exchange of land for the purpose of straightening property boundaries or by adding land to existing parcels by trade or sale which does not result in change of the present land use or in any way result in land parcels w hich do not meet existing zoning regulations. 1.Lot Line A djustment. A lot-line-adjustment w hich does not reduce the area, frontage, width, depth, or building setback lines to fall below the minimums required by the zoning regulations. Land with tw o (2) legal descriptions stays as tw o (2) legal descriptions, but the descriptions are amended. 2.Lot Combination. The combining of tw o established lots into a single lot. Land w ith tw o (2) legal descriptions w ill be described w ith one (1) legal description. 3.Lot Split. A single lot divided into two separate lots. Land with a (1) single legal description will be described with tw o (2) legal descriptions. B.Application. A Lot Line A djustment application shall be submitted for all lot line changes including lot splits, lot combinations and lot line adjustments via the city's Public Portal. 1.Legal Descriptions. Legal D escriptions shall be submitted w ith the application describing the new lots or new lot configuration. a.Legal Descriptions shall be consistent w ith a land survey and shall describe the metes and bounds of each lot to close, or consist of previously approved lots. 2.Proof of Ow nership. A pplicant shall submit proof of ow nership. If A pplicant is not the ow ner, an A ffidavit of Legal Interest, signed and notarized by the ow ner, shall be submitted. C.Pay Fees.Persons filing an application within the City of Rexburg shall first have paid all fees as established by resolution of the Council. 1.Such fees may be reviewed and changed by resolution of the Council at such time as the C ouncil deems necessary. D.Certification. U pon receipt of the application and all required documents as provided herein, the City shall certify the application as complete and shall affix the date of application acceptance thereon. Page 35 E.Reviews. Once the A pplication is complete, the City shall transmit a copy of the application and the submitted documents to its various departments and such other agencies that have jurisdiction or an interest in the proposed adjustment for their review and recommendation. 1.If no written reply is received from any of the various departments or interested agencies within ten business (10) days from the date of notification, approval of the Plat by such department or agency w ill be considered granted. 2.The application shall be considered by the Zoning A dministrator or designee. F.Notify Applicant. Staff shall submit to the applicant within 10 business days, notice of acceptance or needed revisions in writing. 1.R evisions. If revisions are requested, applicant shall resubmit documents needing revisions and the review process shall begin again. G.Approval. A pplicant shall take approval letter and approved legal descriptions in a deed to Madison County for recording. H.Communicate to C ity. Recording number is communicated by the A pplicant to the City Planning & Zoning office to finalize permit. SECTION 29: A MEND MEN T “10.03.010 Pre-A pplication” of the Rexburg D evelopment Code is hereby amended as follow s: A M E N D M E N T 10.03.010 Pre-A pplication Before filing an application for a Plat, the A pplicant will submit a concept draw ing and any additional data to communicate intentions and plans and meet w ith the Economic D evelopment Ready Team. The Economic D evelopment Ready Team w ill communicate any information, w hich the Applicant should be aware of. (See 1.02.020.) SECTION 30: A MEND MEN T “10.03.070 Request For Mylar” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T 10.03.070 Request For Mylar O nce all revisions from staff review s, C ounty Surveyor, Commission and/or Council amendments have been made to the Plat, the City of Rexburg Staff w ill request the final Mylar be printed. The final Mylar shall show all revisions. A.All plats to be offered for recording shall be on transparent tracing(s) that show all Page 36 pertinent information that w as approved on the Plat. B.The approved Plat is to be recorded on clear Mylar silver emulsion with an overall dimension of eighteen (18”) inches by twenty-seven (27”) inches. (Idaho Code 50- 1304) C.Required C ertifications. 1.Signature of the follow ing show approval or completion. Please seek signatures in the order they are listed. a.Professional land surveyor – Surveyor shall state on plat that plat is correct, accurate, and monuments described have been located, installed, and described b.Examining Land Surveyor (Madison County) c.Sanitary restriction being lifted (H ealth Department after approval by D.E.Q.) d.Treasurers Certification of taxes paid e.City Planning & Zoning A dministrator f.Certification of plat approval by the City Engineer g.Certificate of approval by the City C lerk h.Certificate of approval by City Council (Mayor) i.Treasurers Certification of taxes paid j.Recordation by County Recorder D.Development A greement. Before the Plat w ill be signed by the City, the Development A greement shall be executed and the D evelopment Agreement fees shall be paid. SECTION 31: A DOPTION “10.03.120 Plat A mendment” of the Rexburg D evelopment Code is hereby added as follow s: A D O P T I O N 10.03.120 Plat A mendment(Added) A.Lot Split. A ny lot within a recorded subdivision shall not be split, resulting in the addition of a new lot, w ithout amending the recorded Plat.