HomeMy WebLinkAboutOrd_1200 Amendments 9.14.22Page 1
CIT Y OF R EX BU RG
OR DIN A N C E 1250
N OW THER EFORE , be it ordained by the C ouncil of C ity of R exburg, in the State
of Idaho, as follows:
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 “D ” of the R exburg Development Code is
hereby am ended as follows:
A M E N D M E N T
D
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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 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 .) Dormitory 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 dw elling unit counted. D own-lighting: Fully shielded light that is directed in such a
manner as to shine light rays only below the horizontal plane. D rainage 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 w ells
(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
twin homes) storm w ater run-off calculations are required as per the City Engineer. Driveway:
A drivew ay is a vehicular ingress and egress route that serves no more than five (5) single-
family dwellings, not including accessory structures. D uplex: A residential structure separated
into tw o (2) independent living units w ith a common ow ner and a shared yard. Two (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.
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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.
C.1.D wellings, Single-family A ttached:
2.D wellings, Single-family, D etached
3.Tw o (2) or more dwelling units w hich may share a common w all. These
structures are also considered to be townhouses.
SECTION 3: A MEND MEN T “M-N” of the Rexburg D evelopment C ode is
hereby am ended as follows:
A M E N D M E N T
M-N
Manufactured Home: A single-family unit fabricated in one or more sections at a location
other than the home site by assembly line or similar production techniques or by other
construction methods typical of off-site manufacturing process. The home is transportable in
one (1) or more sections, w hich in the traveling mode is eight (8) feet or more in width or is
forty (40') feet or more in length, or when erected on site, is three hundred tw enty (320) or
more square feet, and which is built on a permanent chassis and designed to be used as a
dw elling with or without a permanent foundation w hen connected to the required utilities, and
includes plumbing, heating, air conditioning, and electrical systems contained therein. Every
section shall bear a label certifying that it is built in compliance w ith the Federal Manufactured
H ome Construction and Safety Standards (H UD ), June 15,1976 (42 U .S.C. Sec. 5401). A
manufactured home may be designed to be tow ed on its own chassis or be delivered to the site
by other means.
Manufactured Housing/Mobile Home Park or Community: A parcel of land under single
ow nership that has been planned and improved for the placement of manufactured homes. The
land has been divided into one or more manufactured home lots for rent or sale. (See chapter
11.)
Mobile Home: A structure transportable in one (1) or more sections w hich is eight (8’) feet or
more in width and is thirty-tw o (32’) feet or more in length and w hich is built on a permanent
chassis and designed to be used as a year-round residential dwelling w ith or w ithout a
permanent foundation w hen connected to the required utilities and includes plumbing, heating,
air conditioning, and electrical systems.
A.Rehabilitated Mobile Home: A factory-assembled structure constructed prior to June
15, 1976, or brought into the state after July 1, 1998, which have been upgraded to
comply w ith Idaho C ode Title 44 Chapter 25 and received a “Certificate of
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Compliance” from the Division of B uilding Safety of the State of Idaho.
Mobile Home Subdivision: A subdivision designed and intended for residential use w here
residence is in mobile homes exclusively.
Mobile Vending C ourt: A n area that consists of four (4) or more vendors in an open-air
location w ith designated stalls or areas.
Mobile Vending Pushcart: A moveable pushcart that is operated by a vendor standing on the
sidew alk or street. (See vendor.)
Mobile Vending Structure: A temporary, approved structure for mobile vending.
Mobile Vending Trailer: A mobile trailer operated by a vendor standing on or within the
frame of the trailer.
Mobile Vending Vehicle: A self-contained, motorized vehicle operated by a vendor standing
on or w ithin the frame of the vehicle, w hich is capable of moving under its ow n pow er. (Ex:
Bus, Van)
Modular Building: Any building or building component other than a manufactured home that
is of closed construction that is prefabricated or assembled at a place other than the building
site (I.C . 39-4301).
Modular Home: A ny home other than a manufactured home that is of closed construction that
is prefabricated or assembled at a place other than the building site (I.C. 39-4301).
Motel: A building or group of detached or connected buildings designed or used primarily for
providing sleeping accommodations for travelers and having automobile parking conveniently
located on the premises.
Motor Hotel: Hotel with direct access from rooms to parking area.
N eighborhood Plan: A plan to guide the platting of remaining vacant parcels in a new or
partially-built-up neighborhood so as to make reasonable use of all land, correlate street
patterns, and achieve the best possible land use relationships.
N ew Construction: structures for which the "start of construction” commenced on or after the
effective date of this ordinance.
N onconforming B uilding: Any building which does not meet the limitations of building size
or location on a lot for the district in w hich the building is located and w as built prior to the
effective date of this ordinance. (See section 3.3.)
N onconforming L ot: A n existing lot, the area, w idth, size, or other characteristic of w hich,
fails to meet the requirements of the district in which it is located and which w as conforming
prior to the effective date of this ordinance. (See section 3.3.)
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N onconforming U se: A use not conforming to the provisions of this ordinance but w hich was
lawfully existing at the time of adoption of this ordinance. (See section 3.3.)
N ursery Schools: A building or structure where care, protection, and supervision are provided
on a regular schedule, at least three times a w eek for six (6) or few er children. (See subsection
4.00.040.)
SECTION 4: A MEND MEN T “SIG N-T” of the Rexburg Development Code
is hereby am ended as follow s:
A M E N D M E N T
SIG N-T
Stand: the area reserved for the placement of a manufactured/mobile home.
Standard Draw ings and Specifications: Standard draw ings and specifications are defined as
the R exburg Engineering Department Standards Specifications and Drawings as adopted by
the C ity of R exburg. (See City Engineering Standards.)
Start of C onstruction: Includes substantial improvement, and means the date the building
permit was issued provided the actual start of construction, repair, reconstruction, placement or
other improvement was w ithin one-hundred-eighty (180) days of the permit date. The actual
start means either the first placement of permanent construction of a structure on a site or the
placement of a manufactured home on a permanent foundation.
Stick B uilt: A building constructed at the location w here it is to be used, not intended or
designed to be moved easily.
Story: That portion of a building included betw een the surface of any floor and the surface of
the floor next above it, or if there be no floor above it, the space betw een such floor and the
ceiling above it. A basement shall be counted as a story if its ceiling is over six (6’) feet above
the average level of the finished ground surface adjoining the exterior w alls of such story, or if
it is used for business or dwelling purposes.
Street: A public or private thoroughfare used, or intended to be used for passage or travel by
motor vehicles. Drivew ays are not included. Streets are further classified by the functions they
perform.
A.Alley Street: A public service w ay used to provide secondary vehicular access to
properties otherw ise abutting upon a street.
B.Arterial Street: R oads conveying traffic from betw een major activity centers w ithin
the community and traffic through the C ity. Efficient movement is the primary function
of arterial roads. Private and front access should be controlled and limited to high
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volume generators of vehicle trips.
C.Collector Street: Streets that conduct and distribute traffic between other residential
streets of lower-order and higher-order streets or major activity centers. This is the
highest-order of a street appropriate to a residential neighborhood and residential
frontage along it should be prohibited or severely restricted.
D.Cul-de-sac Street: A short local street having one end permanently terminated in a
vehicular turnaround with a length of no greater than six-hundred (600’) feet.
E.Frontage Street: A minor street parallel and adjacent to an arterial route and intercepts
local streets and controls access to an arterial route.
F.Minor Residential Street: A minor street w ith both terminal points on the same street
or origin that serves no more than fifty (50) single-family lots on one (1) street.
G.Residential Access Streets or Local Streets: A street w ith the sole purpose of
providing frontage for service and access to private lots. These streets carry only traffic
having either destination or origin on the street itself. The elimination of through traffic
and the geometric design of the street are means to promote safety and to create a
desirable residential neighborhood.
H.Rural R esidential Street: A minor street that serves a rural residential subdivision that
does not require curb and gutter, but may require a concrete edging strip.
Structure: A w alled and roofed building including a gas or liquid storage tank that is
principally above ground.
Subdivider: An individual, firm, corporation, partnership, association, syndication, trust, or
other legal entity having sufficient proprietary rights in the property to represent the ow ner, that
submits the required subdivision application and initiates proceeding for the subdivision of land
in accordance with applicable regulations.
Subdivision: The division of any lot, tract, or parcel of land into three (3) or more parts, for the
purposes of transfer of ow nership or development and the dedication of a public street and the
addition to, or creation of a cemetery.
Substantial D amage: D amage of any origin sustained by a structure w hereby the cost of
restoring the structure to its before-damaged condition w ould equal or exceed fifty (50%)
percent of its market value before the damage occurred.
Substantial Improvement: O ccurs w hen the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure. A ny repair, reconstruction, or improvement of a structure, the cost
of w hich equals or exceeds fifty (50%) percent of the market value of the structure either:
A.Before the improvement or repair is started, or
B.If the structure has been damaged and is being restored before the damage occurred.
The term does not, however, include either:
A.Any project for improvement of a structure to comply w ith existing state or local
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health, sanitary, or safety code specifications w hich are solely necessary to assure
saving living conditions, or
B.Any alteration of a structure listed on the N ational Register of Historic Places or a
State Inventory of H istoric Places.
Surveyor: A ny person w ho is registered and certified in the State of Idaho to engage in the
practice of land surveying.
SECTION 5: 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
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.
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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 6: 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
3.02.050 Clear View O f Intersecting Streets; Sight Triangle
For the purpose of ensuring To ensure reasonable visibility and safety in residential zones and
other zones which require buildings to be set back from the property lot line, the triangle of
land formed on any corner lot by draw ing a line between points on the lot lines which 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 7: 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
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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 8: A MEND MEN T “3.02.070 Accessory” of the Rexburg
D evelopment Code is hereby amended as follow s:
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.
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3.Comply w ith the latest and most current B uilding Codes adopted by the C ity
of Rexburgof 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. A n accessory building shall be
six five (65’) feet or more from a lot line.
(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.
(2)Less Than 200 sq.ft. Accessory buildings smaller than two
hundred (200) square feet may be placed up to the property
line but shall not drain onto neighboring properties.
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 9: 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
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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
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.
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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.
(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 10: 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)
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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
CommissionA dministrator.
a.Except for agriculture use in Transitional A griculture (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 w ould be allowed betw een three (3’) to
six (6’) feet high if constructed out of rigid materials and approved by the
Zoning Administrator or designee w ith fifty (50%) percent or more see-
through per lineal foot outside of the sight triangle.
2.(See Site Triangle 3.02.050 for lot lines adjacent to road intersections).
E.Corner or D ouble-Frontage Lots. When a parcel is a Corner Lot or a D ouble
Frontage Lot and the lots do not have access onto the same street through a front yard,
a fence greater than three (3') feet can be located adjacent to the sidew alk, outside of
the site triangle.
F.Rear Yard. In a rear yard, w alls and fences may be betw een three and six feet (3’-6’).
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.
G.Building Permit. Fences over seven (7’) feet in height must obtain a building permit.
1.A dministrative approval shall be required.
2.Height Limit. Fences shall not be greater in height than eight (8’) feet.
H.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.
I.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.)
J.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.
Page 14
K.Pedestrian Gates. Pedestrian access gates shall swing inward w hen adjacent to a
public sidew alks. (See 3.02.170.)
L.
M.Fence A djacent to Public Sidew alk. (See 3.02.170.B.)
N.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 11: A MEND MEN T “3.02.130 Project Plan Approval” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.02.130 Project Plan Approval
A ll projects constructed in any zone must submit, prior to beginning construction:
A.An Infrastructure Plan (including a Drainage and Landscape Plan) for review and
approval by City of Rexburg B uilding D epartment. (See 10.4.)
1.D rainage on to an adjacent lot not ow ned by applicant is not allow ed.
B.Commercial Projects. All project plans and engineering specifications in the
Community Business C enter (CBC) Zone must be prepared and engineered by A /E
professionals. These professional engineered plans w ill be submitted for review and
approval from conception by the D evelopment R eview Committee.
SECTION 12: 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
A.In all zones, all buildings erected, established, or rebuilt shall be required to place
Page 15
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 ) and Rural R esidential 1 (RR1).
B.When a fence is placed adjacent to a public sidew alk in residential zones and no
driveway access exists, a one (1') foot landscape strip shall be maintained betw een the
standard sidew alk and the fence.
1.Exempt in Mixed Use (MU).
SECTION 13: A DOPTION “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)
A.Flag poles that serve a non-advertising purpose are permitted, provided they can be
erected w ithout creating any safety issues.
1.R esidential. The flag pole shall not exceed the maximum allow ed building
height in the residential zone.
2.C ommercial. The flag pole shall not exceed eighty (80') feet.
SECTION 14: 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 16
RU RA L R ESID EN TIAL 1
R esource Production A griculture P
R esidential
A ccessory A partment CU P
A ccessory Building P
Manufactured – H ouse on permanent foundation (>24’
w ide)P
Single-family D welling, Detached P
Group Housing B oarding H ouses (See subsection 3.02.160.)*P
C are Facilities
A ssisted and Residential Care Facility CU P
D ay C are Centers CU P
G roup Home (Disabled & Elderly; under 8 residents)P
Place of Worship C hurches, Synagogues and Temples CU P
Schools, public or
private
N ursery Schools CU P
Schools CU P
Outdoor Recreation
Ice Skating CU P
Parks and Playgrounds, Skate Parks CU P
Pools CU P
Tennis Courts CU P
Services
A ccessory H ome Business (See subsection 4.00.040.)CU P
A ccessory H ome O ccupation (See subsection 4.00.040.)P
C emeteries CU P
U tilities
C ommunications CU P
Electricity Regulating Substations CU P
U tility and Public Facilities 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.
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 17
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.
SECTION 15: 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 18
RU RA L R ESID EN TIAL 2
R esource Production A griculture P
A ccessory
A ccessory A partment CU P
A ccessory B uilding P
D etached N on-family A ccessory Apartment for Profit CU P
R esidential
Manufactured – H ouse on permanent foundation (>24’
w ide P
Single-family D w elling, Detached P
Group Housing Boarding H ouses (See subsection 3.02.160.)*P
C are Facilities
A ssisted and Residential C are Facility CU P
D ay C are Centers CU P
G roup H ome (D isabled & Elderly; under 8 residents)P
Place of Worship Churches, Synagogues and Temples CU P
Schools, public or
private
N ursery Schools CU P
Schools CU P
Outdoor Recreation
Ice Skating CU P
Parks and Playgrounds, Skate Parks CU P
Pools CU P
Tennis C ourts CU P
Services
A ccessory H ome Business (See subsection 4.00.040.)CU P
A ccessory H ome O ccupation (See subsection 4.00.040.)P
Cemeteries CU P
U tilities
Communications CU P
Electricity Regulating Substations CU P
U tility and Public Facilities 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.
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.
B.Animals. Only household pets are permitted.
Page 19
SECTION 16: 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,
Screening, Lighting and Landscaping to
be approved by the Zoning
Page 20
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.
B.A nimals. O nly household pets are permitted.
C.1.
SECTION 17: A MEND MEN T “4.03.030 Lot A rea” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.03.030 Lot A rea
The minimum area of any lot or parcel of land in the LD R1 zone is tw elve thousand (12,000)
square feet.
SECTION 18: A MEND MEN T “4.03.070 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
4.03.070 Lot C onfiguration And Density
A.Not more than one (1) single-family dwelling shall be placed on a lot or parcel of land
in the LD R1 zone.
B.The maximum density is four (4) dw elling units per one (1) acre.
1.G reaterC onsolidation of density may only be achieved through an approved
Planned U nit D evelopment or w ith designated open-space areas.
SECTION 19: 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
Page 21
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 22
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
Single-family D welling, attached P
Single-family D welling, detached 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 CU P
G roup Home (Disabled & Elderly; under 8 residents)P
H ospitals CU P
Place of Worship C hurches, Synagogues and Temples CU P
Schools, public or
private
N ursery Schools CU 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 (Stand-Alone)CU P
R ecreation C enters CU P
Tennis Courts CU P
Services
A ccessory H ome Business (See subsection 4.00.040.)CU P
A ccessory H ome O ccupation (See subsection 4.00.040.)P
C emeteries CU P
Libraries CU P
U tilities
C ommunications CU P
Electricity Regulating Substations CU P
U tility and Public Facilities CU P
*For Boarding H ouses, Tw in H omes and D uplexes, a Review is required that addresses
Page 23
*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.
B.Animals. Only household pets are permitted.
SECTION 20: A MEND MEN T “4.04.030 Lot A rea” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.04.030 Lot A rea
A.The minimum area of any lot or parcel of land in the LDR 2 zone is eight thousand
(8,000) sq. ft
B.
C.A duplex requires a minimum 10,000 sq. ft. lot.
D.A tw in home requires tw o 5,000 sq. ft. lots.
SECTION 21: A MEND MEN T “4.04.070 Lot C onfiguration Density” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
4.04.070 Lot C onfiguration Density
A.One (1) single-family dw elling unit may be placed on a parcel or lot may be placed on
a lot or parcel of land in the LD R2 zone.
B.No more than two (2) dw elling units in any one (1) structure.
C.The maximum density is six (6) dw elling units per one (1) acre.
1.G reaterC onsolidation of density may only be achieved through an approved
Planned U nit D evelopment or w ith designated open-space areas .
SECTION 22: A MEND MEN T “4.05.020 Permitted Uses” of the R exburg
D evelopment Code is hereby amended as follow s:
Page 24
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 25
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
Manufactured Housing Communities CUP
Single-family D welling, detached P
Tw in Home* and Townhomes P
Single-family D welling, attached 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 26
*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.
B.Animals. Only household pets are permitted.
SECTION 23: A MEND MEN T “4.05.030 Lot A rea” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.05.030 Lot A rea
A.The minimum lot area on any parcel of land in the LD R3 zone is six thousand (6,000)
square feet.
B.A Duplex requires a minimum 8,000 square feet lot.
C.A Tw in Home requires tw o 4,000 square feet lots.
SECTION 24: 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 one (1)
acre.
1.IncreasedConsolidation of density may only be achieved through an approved
Planned U nit D evelopment or designated open-space areas.
C.
SECTION 25: A MEND MEN T “4.06.020 Permitted Uses” of the R exburg
D evelopment Code is hereby amended as follow s:
Page 27
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
Twin H ome P
Single-family Dw elling, attached (3 or more units)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 D wellings 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
Page 28
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
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.
B.Animals. Only household pets are permitted.
Page 29
SECTION 26: A MEND MEN T “4.06.030 Lot A rea” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.06.030 Lot A rea
The minimum lot area of any parcel of land in the MDR 1 zone is:
A.four thousand, five hundred (4,500) sq. ft. for an individual unit
B.six thousand (6,000) sq. ft. for a duplex or tw in home.
C.For 3 units or larger, apply the density requirement in 4.06.070.
SECTION 27: A MEND MEN T “4.06.070 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
4.06.070 Lot C onfiguration And Density
A.The maximum density is fifteen (15) dw elling units per one (1) acre.
1.Consolidated density may be achieved through an approved a Planned U nit
D evelopment (PU D) or designated open-space areas.
, developments shall not exceed a density of sixteen (16) units per acre.
SECTION 28: 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 30
R esidential
D uplex P
Single-family Dw elling P
Manufactured – H ouse on permanent foundation (>24’ w ide)P
Twin H ome P
Single-family Dw elling, A ttached (3 or more units)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 D wellings 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
Page 31
Outdoor Recreation P
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.
B.Animals. Only household pets are permitted.
SECTION 29: A MEND MEN T “4.07.030 Lot A rea” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.07.030 Lot A rea
Page 32
A.The minimum lot area of any parcel of land in the MD R2 zone is four thousand, five-
hundred (4,500) square feet for an individual unit.
B.Duplex or Tw in Home. The minimum lot area of a parcel of land in the MD R2 zone
is six thousand (6,000) square feet for a duplex or twin home.
C.For 3 units or larger, apply the density requirement in subsection 4.07.070.
SECTION 30: A MEND MEN T “4.07.070 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
4.07.070 Lot C onfiguration And Density
A.The maximum density is tw enty (20) dw elling units per one (1) acre.
B.Consolidated density may be achieved through an approved Planned U nit
Development or designated open-space areas.
Without a Planned U nit D evelopment (PU D), development shall not exceed a density of
twenty (20) units per (1) acre.
SECTION 31: 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
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
B ed and Breakfast Inn (See subsection 3.02.160)P
Page 33
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 D wellings 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
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
Page 34
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.
B.Animals. Only household pets are permitted.
SECTION 32: A MEND MEN T “4.08.030 Lot A rea” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.08.030 Lot A rea
A.The minimum lot area on any parcel of land in the HD R1 zone is six thousand (6,000)
sq. ft.
B.Triplex. Seven thousand, five hundred (7,500) sq. ft. is needed for a triplex.
C.Four-plex. N ine thousand (9,000) sq. ft. is needed for a four-plex.
SECTION 33: A MEND MEN T “4.08.070 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
4.08.070 Lot C onfiguration And Density
A.DThe maximum density is thirty (30) dwelling units per one (1) acre. welling unit
density shall not exceed thirty (30) units per acre.
1.For Dormitory or Congregate R esidential uses, regardless of actual number of
dw ellings, the density shall not exceed one-hundred-eighty (180) individuals
per acre.
B.PE D . The Pedestrian Emphasis District (PED ) density is regulated by the University,
the adopted Building Code, and any requirements imposed as part of the required
CU P. (See section 9.1.)
For increased densities, see section 9.1.
Page 35
SECTION 34: 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
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 D wellings 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
A thletic Fields CU P
Page 36
Outdoor Recreation
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
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.
B.Animals. Only household pets are permitted.
SECTION 35: A MEND MEN T “4.09.070 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
4.09.070 Lot C onfiguration And Density
A.DThe maximum density is forty-tw o (42) units per one (1) acre.w elling units shall not
exceed forty-two (42) units per acre.
1.For Dormitory or Congregate R esidential uses, regardless of actual number of
dw ellings, the density shall not exceed two-hundred-fifty-tw o (252)
individuals per acre.
B.PE D . The Pedestrian Emphasis D istrict (PED) density is regulated by the U niversity,
the adopted Building Code, and any requirements imposed as part of the required
Page 37
CU P. (See section 9.1.)
SECTION 36: A MEND MEN T “5.02.020 Permitted Uses” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
5.02.020 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 38
TR AN SITION AL AGRIC ULT UR E
R esource Production Agriculture P
R esidential
Manufactured - H ouse on permanent foundation (>24'
wide)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 37: A MEND MEN T “5.02.030 Permitted Accessory Uses” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
5.02.030 Permitted Accessory Uses
(See subsection 3.02.070.)
Page 39
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.
SECTION 38: A MEND MEN T “6.01.030 Lot A rea” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
6.01.030 Lot A rea
A.The minimum area of any new subdivision lot or parcel of land in the CB C zone shall
be five (5) acres; how ever, smaller lots or parcels may be created as part of an
approved plat and recorded Record of Survey, as specified in City C ode.
B.The maximum area of land in the CBC zone is twenty (20) acres.
C.Single ow nership. Said land shall be in single ownership or single control for
integrated development.
SECTION 39: A MEND MEN T “6.02.030 Single O wnership And Control”
of the Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
6.02.030 Single O wnership And Control
A.Land w ithin a given R BC zone shall be in single ownership or single control in order
to provide for integrated development unless requested and approved by the Rexburg
Page 40
City Council.
B.Single Ow nership. 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 A pproval by Mayor," the "Standards and
Requirements," and the "Guarantees and Covenants" sections of the Planned Unit
Development Plat sSections of the D evelopment Code.
1.C onsequence. Failure to maintain single ow nership 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 R BC zone.
C.Record of Survey before B uilding Permits. The Record of Survey must be
approved and recorded prior to the issuance of any building permits and must be in
compliance w ith all applicable sections of the Rexburg City C ode and other Building
Codes adopted by the City of Rexburg.
SECTION 40: 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
adopted City of Rexburg Building Code as adopted by Rexburg City, 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.
SECTION 41: A MEND MEN T “7.01.050 Yard R equirements” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
7.01.050 Yard R equirements
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 from the right-of-w ay.
B.Side and Rear Yard. Where adjoining a residential zone, school, or park, a side
and/or rear yard of not less than twenty (20’) feet shall be required.
C..A djacent to Residential. B uildings adjacent to residential shall have an increased
Page 41
setback of six (6") inches for every one (1') foot of building height
D.Accessory Building. (See subsection 7.00.030.)
SECTION 42: A MEND MEN T “7.02.050 Yard R equirements” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
7.02.050 Yard R equirements
(See subsection 3.02.070.)
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 from the right-of-w ay.
B.Side Yard. N o side yard requirement unless imposed by the Planning and Zoning
CommissionZoning A dministrator to protect adjacent properties against the
undesirable characteristics of a particular use; or as required by the latest provisions of
the adopted City of Rexburg Building C ode.
1.Side & Rear Yard A ccessory B uilding. (See subsection 7.00.030.)
C.Rear Yard. Where the rear property line abuts on a residential or commercial zone,
the rear yard shall be the same as that required by the adjacent zone, or as determined
by the Planning Commission Zoning A dministrator to mitigate potential nuisances.
Otherw ise, no setback required
D.Adjacent to R esidential. Buildings adjacent to residential shall have a setback of six
(6") inches for every one (1') foot of building height.
.
SECTION 43: A MEND MEN T “9.01.040 Reduction In Parking For
D ormitory” of the Rexburg D evelopment Code is hereby amended as follow s:
A M E N D M E N T
9.01.040 Reduction In Parking For D ormitory
Parking requirements for housing units that are located within the Pedestrian Emphasis District
(PED ) (see attached boundaries or appendix of development code) may be reduced to 75%
w ith a Parking Management Plan or 60% pursuant to a Conditional Use Permit (CU P) and
subject to the following requirements and provisions:
A.Eligibility.
Page 42
1.In order to be eligible for the reduced parking ratios as permitted herein, the
resulting structure must have dw elling units.
2.This ordinance is not intended nor shall apply to any structure originally
constructed as a single-family or duplex residential structure.
B.Parking Management Plan for R educed Parking
1.A Parking Management Plan shall be designed and anticipated to facilitate
parking for the intended tenants of the units as w ell as reasonably anticipated
visitors and ancillary services. The plan shall show all parking spaces and their
dimensions, access aisles, loading spaces, and entrances and exits to the site.
The parking plan may also include the landscape plan. This plan needs to be
submitted to the Zoning Administrator.
2.Evaluating the Plan. The follow ing items shall be considered w hen
evaluating a parking plan:
a.On site, how w ill visitor vs. tenant parking spaces be identified to
determine compliance?
b.Are there specific times the spaces w ill be available?
c.Who w ill manage the parking?
d.What is the method of management? What are the consequences of
noncompliance?
e.Do all contracts specify if the contract comes with a parking space or
not?
C.Parking R atio. The parking ratio per student w ithin the PED as identified on the
attached exhibit map shall be reflective of a market demand as determined by the
applicant or land ow ner, but may in some cases be reduced to as little as sixty (60%)
percent, including other parking that is required for guests and management.
1.D ormitory
a.The parking ration per bed as identified on the attached exhibit map
may be reduced to seventy-five (75%) percent with a Parking
Management Plan and as little as sixty (60%) percent w ith a
Conditional Use Permit (CUP) including other parking that is required
for guests and management.
2.Community H ousing
a.The parking ratio per bed as identified on the attached exhibit map
may be reduced to seventy-five (75%) percent with a Parking
Management Plan and as little as sixty (60%) percent w ith a
Conditional Use Permit (CUP) including other parking that is required
for guests and management.
D.RentalA greements. Each property that utilizes this parking reduction shall clearly
specify on all rental contracts or agreements whether or not a vehicle parking space is
provided for that individual tenant.
E.Employee Space. One vehicle parking space, per number of employee at highest
level, shall be provided for on-site management .
F.Visitor Parking. Visitor Parking in the Pedestrian Emphasis District (PED ) consists of
the follow ing:
1.Space Size. G uest parking spaces shall be the City’s full-size parking space
Page 43
standard unless the Developer O ption is exercised. (See 3.04.040.)
a.These spaces shall not be included in the parking contract required to
be entered into.
b.Signs. G uest parking shall be marked with signage that is clearly
visible during all seasons of the year.
2.Visitor Parking Ratio. O ne (1) vehicle parking space per ten (10) residents
shall be provided for guest parking
a.Visitor or Guest Parking. Visitor or G uest Parking may be reduced
to six (6%) percent visitor parking stalls per number of beds w ith a
Conditional Use Permit (CUP).
G.Parking areas.
1.Parking areas (parking spaces and maneuvering areas) shall not be located
w ithin the required front yard as per subsection 3.04.050.B.
2.Front Yard. Existing parking areas that are located w ithin the required front
yard shall be eliminated and restored to landscaping that includes the use of
trees and shrubs.
3.Landscaped areas shall, through the use of trees and shrubs, deter the use of
the required front yard as parking during the winter months w hen vehicles are
not allow ed to be parked overnight on City streets.
4.C urbing. Landscaped front yards and other required buffer yards shall be
delineated from parking areas by high-back curbing that will further
discourage parking in the front yard.
H.The tw enty (20%) percent landscaping requirement may be reduced down to as little
as ten (10%) percent upon approval of the Zoning Administrator.
SECTION 44: 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
this Ordinance.
SECTION 45: 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
Page 44
The regulations apply to the subdividing of all land w ithin the city and include the following:
A.Subdivision of land into three (3) or more parcels for the transfer of ow nership or
development.
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
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 46: 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
Page 45
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 47: 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
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.
Page 46
SECTION 48: A DOPTION “10.03.120 Plat A mendment (R eserved)” of the
Rexburg Development Code is hereby added as follow s:
A D O P T I O N
10.03.120 Plat A mendment (R eserved)(Added)
SECTION 49: A MEND MEN T “10.6 Short Plat” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.6 Short Plat
The process for a Short Plat will be the same as for a Plat as listed in Section 10.5 with the
exception of application, C ommission action, and Council action. C ity of R exburg Staff will
take the place of both the Planning and Zoning Commission and the City C ouncil.
A.Conditions. A Short Plat may be requested w hen all of the follow ing conditions are
met:
1.The proposed subdivision does notexceedc divides a single lot into three (3)
buildable lots and does not exceed five (5) buildable lots.
2.N o right-of-way dedication is necessary as required by City Codes and
O rdinances unless otherw ise approved by the City Engineer.
3.Public improvements, street widening or infrastructure improvements have
been approved by the City Engineer
4.N o impacts on the health, safety or general w elfare of the City of Rexburg
5.The subdivision is in the best interest of the City of Rexburg
B.Administratively R eview ed by Staff. The Zoning Administrator shall review said
plans and data as submitted and w ithin ten (10) w orking days shall advise the sub-
divider in writing as to conformance or nonconformance of this ordinance, the city’s
zoning ordinances. Such review may include comments on policies and guidelines
follow ed by the Zoning A dministrator in the implementation of the Development
Code.
SECTION 50: A MEND MEN T “Lot Density” of the R exburg D evelopment
Code is hereby amended as follow s:
Page 47
A M E N D M E N T
Lot Density
A.Determine D evelopable L and. Density in a PUD shall be determined by using the
“developable land” of the entire proposed development.
1.D evelopable land is land under 30% slope and land capable of being
improved w ith landscaping, recreational facilities, buildings, or parking.
2.Subtract L and. Land devoted to R exburg dedicated street usage in PU D
subdivisions shall not be considered developable acreage and must be
subtracted out of the total acreage used to determine density, as w ell as areas
designated for the use of churches, schools, and public buildings.
B.Determine B ase Density. The maximum number of residential units allow ed per
developable acre in a PU D, w hich meets only the minimum development requirements
of this C hapter, shall be calculated using the Lot A rea Per D w elling Requirement of
the underlying zone:
1.Zone Lot A rea per D w elling
LD R1 1 U nit per 12,00010,890
square feet
LD R2 1 U nit per 5,0007,260 square feet
LD R3 1 U nit per 4,0004,356 square feet
MDR 1 1 U nit per 2,7232,904 square feet
MDR 2 1 U nit per 2,178 square feet
C.Density Bonus Points. Increased densities may be considered based on design
upgrades.
SECTION 51: A MEND MEN T “D ensity Bonuses” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
D ensity Bonuses
D ensity in excess of the base density for the underlying zone may be considered for projects
w hich comply w ith the bonus density design requirements.
A.The amount of density bonuses shall be determined by the type of B onus Density
Design Requirements incorporated in the development proposal.
B.In no case shall the density bonus exceed the maximum density (per net developable
Page 48
acre ND A) allow ed for the zone in which the development occurs according to the
follow ing chart:
Zone Base Density Maximum Density
LDR 1 3.634 U nits/N DA 4.845 U nits/N DA
LDR 2 8.716 U nits/N DA 10.898 U nits/N DA
LDR 3 10.8910 U nits/N DA 13.2013 U nits/N DA
MD R1 1615 Units/ND A 2219 U nits/ND A
MD R2 20 Units/ND A 26 U nits/ND A
C.Density Bonus Calculation. For applicants requesting a density greater than the base
density, the Planning and Zoning Commission and C ity Council shall determine
whether the applicant has complied w ith the necessary design components as provided
in this Section and shall assign density points as applicable.
1.The additional units per acre allow ed above the base density for the PU D shall
be determined by multiplying the total number of density bonus points by the
density coefficient of the underlying zone. This figure is the additional number
of units per acre allow ed above the base density. This number w hen added to
the base density w ill determine the total density per acre for the project;
provided the number shall not exceed the maximum density allowed in the
zone.
a.(Example: The project is in an LD R1 zone and the design is aw arded
75 bonus points. 75 x .0121 = 0.91 additional units per acre. 0.91 +
3.63 (base density) = 4.54 maximum units per acre for the
development.)
b.The density coefficient for each underlying zone and the total amount
of points needed for the maximum density are listed below :
Zone Density Coefficient Maximum D ensity Points
LDR 1 0.01210.01 100
LDR 2 0.0218 100
LDR 3 0.03231 100
MD R1 0.046 100
MD R2 0.06 100
D.Density Bonus Design Requirements. If greater density is requested above the base
density, a PUD development shall comply w ith one or more of the follow ing bonus
density design requirements depending upon the desired density increase.
1.A pproval. The Planning and Zoning C ommission shall review and determine
Page 49
if the proposed design complies with the intent of the design requirement
before the points are granted. The density bonus points for each individual
design component are in parentheses at the end of each requirement.
2.R equired Categories. In order to receive a density bonus, the development
shall have received bonus density points from at least one (1) design
component in each of the follow ing categories: energy efficiency, building
design, design theme, parking areas, landscaping, and open green space.
a.A design component cannot be used to obtain points in more than one
category.
E.Density Bonus Design Categories.
1.Energy E fficiency
a.Insulation. A ll dw ellings and main buildings shall have w all and
ceiling insulation that exceeds the requirements of the International
Energy C onservation C ode (IECC). Exceeding the requirements for
doors and w indow energy efficiency can also be taken in
consideration for density bonus. (U p to 10 points)
b.Solar Design. All dwellings are designed w ith an active or passive
solar feature. The solar feature shall be a solar w ater heater, trombe
wall, earth insulation of a majority of the w alls, the building designed
so that the main exposure faces south and has w indow s to allow solar
access, or other features as approved by the Planning and Zoning
Commission. (Single feature per unit throughout the entire project, up
to 20 points. C om bination features per unit throughout the entire
project, up to 30 points)
c.LE ED . D evelopment achieves a Leadership in Energy and
Environmental D esign (LEED ) certification for Neighborhood
Development through the U .S. Green Building Council (USG BC ).
(U p to 40 points)
2.Building D esign.
a.Materials. All facades of each dw elling structure, exclusive of
windows or doors, are clad in long-lasting, high-quality materials as
appropriate for the approved architectural style.
(1)Examples of such materials are stone, brick, stucco,
horizontal wood siding, w ood board and batten siding, wood
shingles, etc. Facsimiles such as cementious hardboard (for
horizontal siding) and faux stone (for real stone) will be
considered on a case by case basis. (U p to 20 points)
b.Roof Materials. Roof materials should also be appropriate to the
style. A ll roofs of main buildings are clad with wood shingles, tile,
high profile asphalt shingles or slate shingles. Other high quality
products may be considered on a case by case basis. (U p to 15 points)
c.Design T heme.
(1)Installed L andscaping. Landscaping is designed and
installed along all streets of the development according to a
theme which provides units and interest. (U p to 20 points)
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(2)Theme Lighting. Theme lighting is used throughout the
development for street lighting, lighting of w alkways, parking
areas, entrances, and building exteriors. (U p to 15 points)
(3)Fencing. Perimeter fencing is used throughout the project that
matches the building design, i.e., masonry columns or piers
using the same brick or stone as the buildings. (Up to 10
points)
(4)Special Features. Special features such as fountains, streams,
ponds, sculptures, buildings or other elements which establish
a strong theme for the development and are utilized in highly
visible locations in the development. (U p to 20 points)
(5)Shared Theme. Wide range of housing (e.g. apartments,
condos, medium density, low density, and mixed use) share
an architectural and landscaped theme. (Up to 20 points)
d.Parking A rea
(1)Screening. Parking lots of tw enty (20) or more stalls are
screened from view by means of berming or landscaping
around the perimeter of the parking lot. (U p to 20 points)
(2)Landscaped Islands. Parking lots of twenty (20) or more
stalls or a continuous row of parking over ninety (90’) feet in
length has a landscaped island(s) which provides landscaping
at a ratio of (1:13) 1 square foot of landscaping per 13 square
feet of hard surface. (U p to 15 points)
(3)Shade Trees. Areas with five (5) or more uncovered parking
stalls are designed to include minimum two (2”) inch caliper
trees located in such a manner as to shade fifty (50%) percent
of the parking area upon maturation of the trees. (U p to 15
points)
(4)Permeable Surfaces. Surfaces for parking and maneuvering
other than the public right-of-w ay using materials such as
grasscrete, or similar are utilized in appropriate locations.
Material and installation details must be reviewed and
approved by the City Engineer. (U p to 15 points)
(5)Parking Area Location. Locate all off-street parking at the
side or rear of buildings, leaving building frontages and
streetscapes free of parking facilities. (U p to 10 points)
(6)Bicycle Parking. For any non-residential buildings or multi-
family residential buildings that are part of the proposal,
provide bicycle parking spaces, equivalent to ten (10%)
percent of the total automobile parking on site.
(A)Bicycle parking must be w ithin fifty (50’) feet of the
entrance to the building that it services. (Up to 10
points)
(B)Sheltered bicycle parking. (U p to 20 points)
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e.Recreational A menities
(1)A ctive R ecreation. The PU D includes a recreational amenity
primarily for the use of the residents of the development.
A menities may include swimming pools, sports courts, spas,
barbecue and picnic facilities, or other features as approved
by the Planning and Zoning Commission.
(A)The Planning and Zoning Commission may
determine the points based on the cost of the amenity,
its benefit to the residents of the development, its size,
and the number of amenities in the development.
(Betw een 5 to 35 points)
(B)Common B uilding or Facilities. Development of a
common building w hich shall be used for meetings,
indoor recreation, day care, or other common uses as
approved by the Planning and Zoning C ommission.
RV parking facilities may also be considered w ith this
design feature. (U p to 20 points)
(C)Park Dedication. Dedication of land for public park,
public access along a stream, or public access along a
planned trail.
(a)The City must be w illing to accept the
proposed dedication before points are
aw arded. (Public access up to 15 points.
Public Park up to 40 points)
(D)Construction of Trail or Park. Construction
according to C ity standards of trail or park which has
been dedicated to the City according to subsection
E.2C above. (Trail 15 points, public park 40 points)
(E)Riparian A reas. Riparian areas along rivers and
streams are preserved w ith natural and native
landscaping to encourage continued use of these
areas as w ildlife corridors. (Up to 15 points)
f.Landscaping
(1)Extra Trees. D esign and planting more than the minimum
number of trees, shrubs, and perennials per dwelling unit in
the development. (U p to 20 points)
(2)Soften Fence Appearance. A reas w hich are to be screened
use a solid non-see-through vinyl or masonry fence and
landscaping w hich acts to soften the appearance of the fence.
Landscaping may be vines, shrubs, or trees. (Up to 15 points)
g.Open Green Space
(1)D esigned Plan. O pen green space is designed (not leftover
space between buildings) and flow s uninterrupted through the
entire development linking dwellings and recreation
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amenities. (U p to 25 points)
(2)Multiple U se. Storm w ater detention facilities are designed
and used for multiple purposes w hich blend w ith the overall
theme of the open space design (i.e., shape of the area is free
flow ing, and the grading and landscaping are carried out in
such a manner that the use as a detention pond is not
discernible.) (U p to 20 points)
(3)N ative Plants. Native plants are used for common open
space elements. (Up to 15 points)
(4)D rought Tolerant Plants. D rought tolerant plants are used
for common open space elements. (U p to 10 points)
h.Public Streets. A ll streets within the development (except the streets
required by the C ity to be dedicated) are open to public use, but
privately maintained. (U p to 25 points)
i.Housing. Mixed housing types, (e.g. apartments, condos, medium
density, low density, and mixed use) are incorporated in the
development w ith the intent to allow aging in place and appropriate
mixes of socioeconomic groups. (U p to 40 points)
SECTION 52: A MEND MEN T “CHA PTER 11
MA NU FAC TUR ED/MOB ILE H OMES” of the Rexburg D evelopment C ode is hereby
am ended as follows:
A M E N D M E N T
CHA PTER 11 MA NU FACTU RED /MOBILEMOD ULA R HO MES
SECTION 53: A MEND MEN T “11.01.010 Purpose And Objectives” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
11.01.010 Purpose And Objectives
This Chapter establishes minimum standards and requirements for the occupation of
manufactured homes and for the construction and operation of manufactured home
communities. It is concerned with the relationship of the manufactured home to adjacent land
uses in order to protect and secure the public health, safety and general w elfare of the City of
Rexburg.
Page 53
A.Objective. The regulations in this Chapter are intended to provide a stable, healthy
environment, together with the full range of services, for those residents in
Manufactured/Mobileand Modular Homes on a permanent or temporary basis.
B.Safety Inspections. Must meet all safety inspection requirements.
SECTION 54: A MEND MEN T “11.01.020 Definitions” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.01.020 Definitions
A.Mobile home (defined under Idaho Code 39-4105(9)):
1.A factory-assembled structure or structures constructed PRIO R to June 15,
1976, and equipped w ith the necessary service connections, so as to be readily
movable as a unit or units on their ow n running gear and designed to be used
as a dwelling unit or units w ith or w ithout a permanent foundation.
2.Size. The term "mobile home" means forms of housing know n as "trailers",
"house trailers", or "trailer coaches" exceeding (8’) feet in w idth or forty-five
(45’) feet in length, designed to be moved from one place to another by an
independent pow er connected to them or any trailer, house trailer or trailer
coach up to eight (8’) feet in w idth or forty-five (45’) feet in length used as a
principal residence.
B.Manufactured home:
1.A manufactured home is built on a permanent chassis and designed to be used
as a dwelling w ith or w ithout a permanent foundation w hen connected to the
required utilities.
a.Not constructed or equipped with a permanent hitch or other device
allowing it to be moved other than for the purpose of moving it to a
permanent site,
b.Does not have permanently attached to its body or frame any w heels
or axles,
c.Includes the plumbing, heating, air conditioning and electrical systems
contained therein.
2.Size. A manufactured home is transportable in one (1) or more sections,
w hich, in the traveling mode, is eight (8’) body feet or more in width or is
forty (40’) body feet or more in length or w hen erected on site, is three-
hundred-tw enty (320) or more square feet.
3.Exception. Any structure w hich meets all the requirements of this subsection
except the size requirements and the manufacturer voluntarily files a
certification required by the Secretary of H ousing and U rban Development
and complies w ith the standards established under 42 U.S.C . section 5401 et
seq.
Page 54
C.The follow ing terms are defined in Chapter 2:
Access Way
Aw ning
Building
Building, D etached
Building, N onconforming
Carport
Flood A rea, Gross
Manufactured Home
Modular Home
Mobile Home, Rehabilitated
R amada
Stand
SECTION 55: A MEND MEN T “11.2 MA N U FA CTUR ED/MO BILE
H OME REQ U IR EMENTS” of the Rexburg D evelopment Code is hereby amended as
follow s:
A M E N D M E N T
11.2 MA N U FA CTUR ED/MO BILEMO DU LA R H OME REQ U IR EMENTS
SECTION 56: A MEND MEN T “11.02.010 New Manufactured Housing
U nits” of the Rexburg D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.02.010 New Manufactured Housing Units
N ew manufacturedmodular housing units are permitted (with a C onditional U se Permit (CU P)
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N ew manufacturedmodular housing units are permitted (with a C onditional U se Permit (CU P)
in some zones) in the H D R, MDR and LDR 2-3, R R1-2, and TAG zones on individual lots
under specific conditions.
A.Manufactured/Mobile Modular Home C onditions.
1.Width. The home shall be at least tw enty-four feet (24') in width.
2.R oof. It shall have a non-glare, w ood shake, or asphalt roof with a minimum
slope of 3/12 and a minimum six (6") inch eaves.
3.Exterior Siding. The home shall have exterior siding that is residential in
character, including but not limited to clapboards or simulated clapboards such
as conventional vinyl or metal siding or similar material. The siding shall not
be composed of smooth, ribbed or corrugated metal or plastic panels.
4.Foundation. The home shall be placed on a permanent foundation that
complies with the Building C ode for residential structures.
a.The foundation, and foundation fascia must be similar in appearance
and durability to the masonry foundation of site built buildings.
5.The hitch, axles and wheels must be removed.
6.MobileModular homes that do not meet the conditions immediately above are
also permitted in established or approved mobile home courts and mobile
home manufactured home communitiessubdivisions.
SECTION 57: A MEND MEN T “11.02.020 Skirting” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.02.020 Skirting
Skirting of Manufactured/Mobile Homes is required, but such skirting shall not attach the
Manufactured/Mobile H ome permanently to the ground or create a fire hazard.
SECTION 58: A MEND MEN T “11.02.030 Wheels” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.02.030 Wheels
Removing the w heels of a Manufactured/Mobile H ome or setting the Manufactured/Mobile
H ome on posts or footings shall not make the Manufactured/Mobile H ome exempt from the
requirements of this Chapter.
Page 56
A.Mobilize. The wheels of the Manufactured/Mobile H ome may be removed, but no
axles, springs and other equipment needed to mobilize.
B.Jacks or Stabilizers. Jacks or stabilizers may be placed under the frame of the
Manufactured/Mobile H ome to prevent movement on the springs w hile the
Manufactured/Mobile H ome is parked and occupied.
SECTION 59: A MEND MEN T “11.02.040 Location” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.02.040 Location
A.Industrial Zones. Manufactured/MobileModular H omes used for residential quarters
for watchmen or caretakers and located on the premises of an industrial establishment
in any industrial zone shall be permitted.
B.Outside a Manufactured/Mobile Housing C ommunity. It shall be unlaw ful to
maintain a Manufactured/Mobile H ome for residential purposes outside a
Manufactured/Mobile H ousing Community. Such prohibition shall apply regardless of
whether the parking site shall be on private or public premises, streets, alleys, or
highw ay.
C.Exception: R esidential. Manufactured/MobileModular H omes w ith a width greater
than tw enty-four (24’) feet w hich meet the definition on masonry foundations shall be
permitted for residential purposes as per the Rexburg Development Code.
SECTION 60: A MEND MEN T “11.3 MA N U FA CTUR ED/MO BILE
H OME CO MMU NITY ” of the Rexburg D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.3 MA N U FA CTUR ED/MO BILE H O ME H O U SING C OMMUN ITY
SECTION 61: A MEND MEN T “11.03.010 Building Permit After Location
A pproval” of the R exburg Development Code is hereby am ended as follows:
A M E N D M E N T
11.03.010 Building Permit After Location Approval
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N o building permit shall be issued for construction of a new Manufactured/Mobile Homeusing
Community or expansion of an existing Manufactured/Mobile Homeusing C ommunity in any
district until the proposed location is approved w ith the stipulations of the approval stated
therein.
SECTION 62: A MEND MEN T “11.03.020 Accessory Buildings” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
11.03.020 Accessory Buildings
Structures located in any Manufactured/Mobile Home space shall be limited to a storage
building, ramada or carport. The storage structure, ramada or carport may be combined as one
structure.
A.“Structure A dditions” includes the construction of aw nings, patio covers, or cabanas
adjacent to a Manufactured/Mobile Home.
B.Unattached. No structural additions shall be built onto or become a part of any
Manufactured/Mobile H ome, and no Manufactured/Mobile Home shall support any
building in any manner.
C.No Building Permit Required. Lightw eight awnings, ramadas, and other lightw eight
structures and additions are allowed w ithout a building permit.
1.Less than 200 sq. ft. Accessory buildings that are less than tw o hundred (200)
square feet do not require a building permit.
D.Building Permit Required. All other structures w ill require a building permit. (e.g.,
those attached to the home, those occupied on a daily basis, porches with covers, and
any structure or addition w hich requires a railing.)
SECTION 63: A MEND MEN T “11.03.030 Density Requirements” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
11.03.030 Density Requirements
In no event shall the density exceed eight (8) mobilemanufactured homes per gross acre
w ithout the acquisition of a C onditional U se Permit allow ing said density to be increased.
A.Density requirements shall be established as the minimum square footage of gross site
area for each Manufactured H ome.
B.Streets. If it is determined by the C ity of R exburg staff that a street widening or
Page 58
terminating dedication is necessary, the amount of land dedicated shall be subtracted
from the gross site area w hen calculating the proposed density.
SECTION 64: A MEND MEN T “11.03.040 Parking” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.03.040 Parking
A.Unoccupied Manufactured/Mobile Home. Parking of unoccupied
Manufactured/Mobile H omes is prohibited on public premises, streets, alleys, or
highw ays, at all times, except for emergency purposes.
B.Parking Space Requirements
1.Size. There shall be two (2) vehicle parking spaces at least nine feet by tw enty
feet (9' x 20') in size for each Manufactured/Mobile H ome space.
2.A ccess. Such space shall have a clear and unobstructed access to an access
w ay. Any parking in the access w ay shall not fulfill this requirement.
3.Visitor Parking. Ten (10%) percent visitor parking shall be required.
4.Tandem Parking. Tandem parking is allowed w ith Zoning Administrator or
designee approval.
SECTION 65: A MEND MEN T “11.03.050 Conditional U se Permit” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
11.03.050 Conditional U se Permit
A.Application Submittal.
1.A pplication. A pplicant shall fill out an application for a Conditional Use
Permit to construct a new Manufactured/Mobile H omeusing C ommunity or to
expand an existing Manufactured/Mobile H omeusing Community.
2.Infrastructure Plan. One (1) digital copy of the Infrastructure Plan of the
proposed community in .pdf A utoC A D format shall be submitted w ith the
application containing the following information:
a.General L ayout. The Infrastructure Plan should show the general
layout of the entire Manufactured/Mobile Homeusing Community.
b.Compass or N orth A rrow . North orientation of the Infrastructure
Plan.
c.Community Boundary & Dimensions. Boundaries and dimensions
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of the Manufactured/Mobile H omeusing C ommunity.
d.Drafter or E ngineer. Name of the person who prepared the
Infrastructure Plan.
e.Electrical. Electrical Systems for the development and connection
details for each pad.
f.Fire Hydrants. Location of fire hydrants.
g.Garbage. Location and screening of all garbage dumpsters.
h.Lighting. Location and detail of all lighting fixtures for streets and
spaces.
i.Patio Construction D etails.
j.Proposed N ame. N ame of the Manufactured/Mobile H omeusing
Community and address.
k.Existing & Proposed Structures. Location and dimensions of all
existing or proposed structures.
l.Recreation. Location and size of all proposed recreation areas and
buildings. Show details.
m.Roads & Sidew alks. Location and w idth of roads or access ways.
Road and sidew alk construction details.
n.Scale. The Infrastructure Plan should be draw n to a scale not smaller
than one (1”) inch representing forty (40’) feet.
o.Screening. Location and type of landscaping, planting, fence, w all, or
combination of any of these or other screening materials.
p.Spaces. Location and dimensions of each Manufactured/Mobile
Home space.
q.Storm drainage system details.
r.Sw imming pools. Swimming pools require a building permit w ith
detailed plans and D istrict Health D epartment approval.
s.Typical Space. Enlarged site plan of a typical Manufactured/Mobile
Home space, show ing location of the pad, parking area, patio, storage
space, sidew alk, utility connections and landscaping.
t.Vicinity Map. Vicinity map show ing relationship of
Manufactured/Mobile H omeusing C ommunity to adjacent properties
including the names of the contiguous ow ners.
u.Walkw ays. Location and w idth of walkw ays.
v.Water & Wastewater. Location and details of the proposed water
and w astewater systems for the mManufactured/Mobile H omeusing
Community.
w.Water & Sewer. Water and Sew er systems designed and signed by
an Idaho registered engineer. The detailed plans shall show how
connections are to be provided to each pad and how the w ater and
sew er connections will be protected from freezing.
3.Management policies, covenants and restrictions. A draft of the proposed
management policies, covenants, and restrictions shall be submitted with the
application.
4.Maintenance procedures. A draft of the proposed maintenance procedures
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shall be submitted w ith the application.
B.Commission Hearing. At the time of the public hearing, the planning Commission
may give tentative approval of the use of the proposed location for
Manufactured/Mobile H omeusing C ommunity purposes.
C.Final Approval. Final approval of said use shall be contingent upon the submission of
acceptable detailed Infrastructure Plans of the proposed Manufactured/Mobile
Homeusing Community development as required by the City D evelopment Code.
SECTION 66: A MEND MEN T “11.03.060 Access” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.03.060 Access
A ll public streets shall be constructed per current C ity Engineering Standards. Accesses shall
have the follow ing minimum pavement widths if the streets are privately owned and
maintained:
A.Pavement Widths.
1.Public Street Access. A Manufactured/Mobile Homeusing Community shall
not be established on any site that does not have access to a public street on
w hich the potential paving width is less than forth (40’) feet.
2.Entrance Street and collectors w ith guest/community parking on both sides
shall be no less than forty-four (44’) feet w ith curb and gutter.
3.C ollector Streets.
a.Parking on 1 Side. Collector streets w ith parking on one side shall be
no less than thirty-six (36’) feet wide.
b.No Parking. Collector streets with no parking shall be no less than
tw enty-four (24’) feet.
4.Minor Street. Minor Streets w ith no parking shall be no less than tw enty-four
(24’) feet
5.C ul-de-Sacs.
a.Radius Minimums. Cul-de-sacs shall have a minimum radius of no
less than thirty-five (35’) feet w ith no parking and forty-five (45’) feet
with allowed parking and shall be no less than tw enty-four (24’) feet
wide.
6.R oadw ay Surfacing. R oadw ays w ithin access w ays and sidew alks shall be
paved with a gravel base and asphaltic or concrete surfacing according to
structural specifications established by the City Engineer.
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SECTION 67: A MEND MEN T “11.03.080 Electricity” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.03.080 Electricity
A.Compliance
1.Idaho Electrical C ode. All electrical conductors, w iring, and equipment as it
applies to Manufactured/Mobile H ome Communities shall comply with the
current State of Idaho (D ivision of Building Safety) adopted version of the
N ational Electrical Code and the remaining portions of the currently adopted
N ational Electrical Code as it applies.
2.C ity Ordinances. A ll electrical conductors, w iring, and equipment within the
Manufactured/Mobile H omeusing Community shall comply w ith the
ordinances of the City of Rexburg, Idaho.
B.Electrical Outlets. A n electrical outlet supplying at least tw o-hundred (200) amps
shall be provided for each Manufactured/Mobile H ome space. Such electrical outlets
shall be w eatherproof.
1.Volts. Electrical outlets shall be provided at each Manufactured/Mobile Home
space supplying voltages of 240 volts and 120 volts nominal.
C.Conductors and C abling. No energized conductors or cabling shall be permitted to
lie on the ground, or be suspended less than fifteen (15’) feet above the ground.
D.Lights. A ll drivew ays, access ways, and w alkw ays within the Manufactured/Mobile
Homeusing Community shall be lighted at night (from one hour after sundow n to one
hour before sun up) with electrical lamps of not less than three-hundred (300) lumen
output, each spaced at intervals of not more than one-hundred (100’) feet.
E.Underground Wiring. Wires for service to light poles and Manufactured/Mobile
Home spaces shall be underground.
SECTION 68: A MEND MEN T “11.03.090 Improvement Requirements” of
the R exburg Development Code is hereby am ended as follows:
A M E N D M E N T
11.03.090 Improvement Requirements
A.Drainage R equirements. The Manufactured/Mobile H omeusing Community shall be
well drained. Provisions for drainage shall be made in accordance w ith plans approved
by the C ity Engineer.
B.Mail D elivery Facilities. Each Manufactured/Mobile Home site shall be equipped w ith
Page 62
a receptacle for mail deliveries in accordance with standards recommended by the
local postmaster.
C.Manufactured/Mobile Home Stand Surfacing. Manufactured/Mobile Home Stands
shall be paved with asphalt or concrete surfacing or with crushed rock contained
within concrete curbing or pressure-treated w ooded screens.
D.Patios and D ecks. Patios may be paved w ith asphalt, concrete, or suitable hard
surfaced material or if decks are used, they shall be of durable, safe construction.
SECTION 69: A MEND MEN T “11.03.100 Land A rea” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.03.100 Land A rea
The minimum parcel of land to be used for Manufactured/Mobile H omeusing Community
purposes shall contain not less than four (4) acres.
SECTION 70: A MEND MEN T “11.03.110 Recreation Area” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.03.110 Recreation Area
A minimum of eight (8%) percent of gross Manufactured/Mobile Home area shall be reserved
for recreation.
A.Location. The recreation area may be in one (1) or more locations in the community.
B.Area. A t least one (1) recreation area shall have a minimum size of five thousand
(5,000) square feet
C.Shape. The shape of the recreation areas should be such to make it usable for its
intended purpose.
SECTION 71: A MEND MEN T “11.03.120 Setbacks” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
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11.03.120 Setbacks
Manufactured Homeusing ParksCommunities shall observe the follow ing setbacks betw een
Manufactured/Mobile H ome Stands and development boundary lines:
A.Residential or A griculture. When abutting any residentially or agriculturally zoned
property fifteen (15’) feet.
B.Commercial. When abutting commercially zoned property setbacks shall be ten (10’)
feet.
C.Street. The setback from any abutting street shall be at least twenty-five (25’) feet.
SECTION 72: A MEND MEN T “11.03.130 Sign Regulations” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
11.03.130 Sign Regulations
(See section 3.5.)
In addition, adequate signs and marks indicating direction, community areas, recreation areas,
and street names shall be established and maintained in the Manufactured/Mobile H omeusing
Community.
SECTION 73: A MEND MEN T “11.03.140 Space Required Betw een
Manufactured/Mobile H omes” of the Rexburg D evelopment Code is hereby amended as
follow s:
A M E N D M E N T
11.03.140 Space Required Betw een Manufactured/Mobile Homes
Minimum space requirements betw een Manufactured/Mobile Home stands:
A.End to end, fourteen (14’) feet;
B.Side to side, tw enty (20’) feet;
C.Temporary or permanent structures situated in one (1) space shall be separated by at
least ten (10’) feet from temporary or permanent structure or Manufactured/Mobile
Homes in an adjoining space;
D.Distance from the sidew alk to a stand, five (5’) feet.
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SECTION 74: A MEND MEN T “11.03.150 Walkways” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
11.03.150 Walkways
Walkw ays shall be provided from each Manufactured/Mobile H ome space to the service
building and recreational area or areas, and from the patio to the access w ay.
A.Common. Common walkw ays shall have a minimum width of four (4’) feet
B.Private. Private w alkways shall have a minimum w idth of two (2’) feet.
SECTION 75: A MEND MEN T “11.04.010 Wastew ater Management” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
11.04.010 Wastew ater Management
Manufactured/Mobile H ome Community w astewater management systems shall be connected
to the city collection system and comply w ith State and Local plumbing law s and regulations.
A.Connection. Each Manufactured/Mobile Home space shall be provided w ith at least a
four (4") inch sewer connection.
1.Fittings. The sew er connection shall be provided with suitable fittings so that
a watertight connection can be made betw een the Manufactured/Mobile H ome
drain and sewer connection.
2.C losure. Such individual Manufactured/Mobile H ome connections shall be so
constructed that they can be closed w hen not connected to a
Manufactured/Mobile H ome, and shall be trapped in such a manner as to
maintain them in an odor free condition.
B.Wastew ater Metering System. Determination of the amount of wastew ater
discharged to the city shall be determined by the average winter w ater usage as
determined by the facility w ater metering system.
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AY E N AY A BSE N T AB STA IN
Council President Jordan Busby
Councilmember Robert Chambers
Councilmember Tisha Flora
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL
_______________________________.
P r e s id in g O ffic e r A t t e s t
Jerry L Merrill, Rexburg Mayor, C ity
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg