HomeMy WebLinkAboutDraft_Ord_1298 (1) 4.18.23Page 1
SECTION 1: Amendment “1.02.020 Ready Team” of the Rexburg Development
Code is hereby amended as follows:
Amendment
1.2.20 Ready Team
New businesses, new major developments, new developers to the City of Rexburg, and
developers needing assistance with city administration and city processes may approach the
Economic Development Ready Team for informal advice and direction. Such discussion shall
be preliminary to the application and only treated as advisory by to 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 Director. 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 DevelopmentReady Team shall be the Economic
Developer, the Zoning Administrator, Building Official, Fire Official, Legal Counsel,
and the City Engineer, and others as requested.
D. It is recommended that the applicant discuss the application informally with the
Economic DevelopmentReady 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: Amendment “D” of the Rexburg Development Code is hereby
amended as follows:
Amendment
D
Daycare Centers: A building or structure where 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 Home Occupations.)
Dedication: The setting apart of land or interest in land for use by the public. Land becomes
dedicated when 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 showing such dedication.
Density: The number of dwelling units per acre, excluding required public rights-of-way from
acreage determination.
D.E.Q : The State of Idaho Division of Environmental Quality
Design 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
Page 2
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 owner thereof pursuant to lawful rights and obligations. (Idaho Code §46-1021(1))
Development Review Committee: The Development Review Committee consists of the
Zoning Administrator, G.I.S. Department Head, City Engineer, Fire Department Inspector,
and Building Administrator or their designees.
Domestic Livestock: Animals such as horses, cattle, swine, sheep, goats, rabbits, and
poultry, which can be kept for education, and/or food production for those who raise them.
Dormitory: 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
will be divided by six (6) for each dwelling unit counted.
Down-lighting: Fully shielded light that is directed in such a manner as to shine light rays
only below the horizontal plane.
Drainage Plan: A drainage plan is required for all new construction. The plan shall be part
of the required Infrastructure Plan and should identify drainage paths (with heights),
perforated drain pipes around footings (as required), retaining and detaining basins (if
used), slope away from foundations, injection wells (if used), gutters and catch basins (if
used), pipe size and location (as applicable), and other drainage details as needed. For all
but single family home projects (including duplexes and twin homes) For all projects
except single-family homes, duplexes and twinhomes, storm water run-off calculations are
required as per the City Engineer.
Driveway: A driveway is a vehicular ingress and egress route that serves no more than five
(5) single-family dwellings, not including accessory structures. Duplex: A residential
structure separated into two (2) independent living units with a common owner and a shared
yard. Two (2) homes in one structure with one (1) lot underneath.
Dwelling: A building or portion thereof that provides living facilities for one or more families.
A. Multi-family Dwelling: A detached residential building containing three or more dwelling
units, where the building is owned by a single owner. This includes including what is
commonly known as an apartment buildings or condominiums.
B. Single-family Dwelling: One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family with separate toilets
and facilities for cooking and sleeping.
1. Dwellings, Single-family Detached: A dwelling that is not attached to any other
dwelling.
2. Dwellings, Single-family Attached: Two (2) or more dwelling units which may
share a common wall or ceiling/floor.
Page 3
a. Twinhome: Shared wall between two (2) dwelling units where each unit may own
the land they are built upon.
b. Townhomes: Shared walls between three (3) or more dwelling units.
c. Duplex: Shared ceiling/floor between two (2) dwelling units which may not be
individually owned.
Two (2) or more dwelling units which may share a common wall. These structures are also
considered to be townhouses.
SECTION 3: Amendment “M-N” of the Rexburg Development Code is hereby
amended as
follows:
Amendment
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, which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when 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 with the Federal Manufactured
Home Construction and Safety Standards (HUD), June 15,1976 (42 U.S.C. Sec. 5401). A
manufactured home may be designed to be towed on its own chassis or be delivered to the site
by other means.
Manufactured Housing/Mobile Home Park or Community: A parcel of land under single
ownership 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 which is eight (8’) feet or
more in width and is thirty-two (32’) feet or more in length and which is built on a permanent
chassis and designed to be used as a year-round residential dwelling with or without a
permanent foundation when 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 with Idaho Code Title 44 Chapter 25 and received a “Certificate of
Compliance” from the Division of Building Safety of the State of Idaho.
Mobile Home Subdivision: A subdivision designed and intended for residential use where
residence is in mobile homes exclusively.
Mobile Vending Court: An area that consists of four (4) or more vendors in an open-air
location with designated stalls or areas.
Mobile Vending Pushcart: A moveable pushcart that is operated by a vendor standing on the
sidewalk or street. (See vendor.)
Page 4
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 within the frame of the vehicle, which is capable of moving under its own power. (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: Any 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.
Neighborhood 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.
New Construction: structures for which the "start of construction” commenced on or after the
effective date of this ordinance.
Nonconforming Building: Any building which does not meet the limitations of building size
or location on a lot for the district in which the building is located and was built prior to the
effective date of this ordinance. (See section 3.3.)
Nonconforming Lot: An existing lot, the area, width, size, or other characteristic of which,
fails to meet the requirements of the district in which it is located and which was conforming
prior to the effective date of this ordinance. (See section 3.3.)
Nonconforming Use: A use not conforming to the provisions of this ordinance but which was
lawfully existing at the time of adoption of this ordinance. (See section 3.3.)
Nursery Schools: A building or structure where care, protection, and supervision are provided
on a regular schedule, at least three times a week for six (6) or fewer children. (See subsection
4.00.040.)
SECTION 4: Amendment “SIGN-T” of the Rexburg Development Code is hereby
amended as follows:
Amendment
SIGN-T
Stand: the area reserved for the placement of a manufactured/mobile home.
Page 5
Standard Drawings and Specifications: Standard drawings and specifications are defined as
the Rexburg Engineering Department Standards Specifications and Drawings as adopted by
the City of Rexburg. (See City Engineering Standards.)
Start of Construction: 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 within 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 Built: A building constructed at the location where it is to be used, not intended or
designed to be moved easily.
Story: That portion of a building included between the surface of any floor and the surface of
the floor next above it, or if there be no floor above it, the space between such floor and the
ceiling above it. A basement shall be counted as a story if its ceiling is over six (6’) feet above
the average level of the finished ground surface adjoining the exterior walls of such story, or if
it is used for business or dwelling purposes.
Street: A public or private thoroughfare used, or intended to be used for passage or travel by
motor vehicles. Driveways are not included. Streets are further classified by the functions they
perform.
A. Alley Street: A public service way used to provide secondary vehicular access to
properties otherwise abutting upon a street.
B. Arterial Street: Roads conveying traffic from between major activity centers within the
community and traffic through the City. Efficient movement is the primary function of
arterial roads. Private and front access should be controlled and limited to high 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 with 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 with 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 Residential 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 walled 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 owner, that
Page 6
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 ownership or development and the dedication of a public street and the
addition to, or creation of a cemetery.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed fifty (50%)
percent of its market value before the damage occurred.
Substantial Improvement: Occurs when 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. Any repair, reconstruction, or improvement of a structure, the cost
of which 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 with existing state or local health,
sanitary, or safety code specifications which are solely necessary to assure saving living
conditions, or
B. Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
Surveyor: Any person who is registered and certified in the State of Idaho to engage in the
practice of land surveying.
SECTION 5: Amendment “T-U” of the Rexburg Development Code is hereby
amended as follows:
Amendment
T-U
Temporary Use: 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. Tower: Any 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 towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures, and the like. The term includes the structure and
any support thereto. This term excludes those used exclusively for dispatch communications.
Town Homes: Town Homes must have the first floor two (2’) feet above grade when adjacent
to right-of-way. (See dwellings, single-family, 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. Twin Home: A
twin home differs from a duplex by having two (2) dwellings that each own the property that
Page 7
they are built on and each dwelling owns their own yard. (See dwellings, single-family,
attached.)
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 welfare of the future residents. Unsuitable land
shall not be subdivided unless adequate methods are utilized to overcome these conditions.
Usable Lot Area: That portion of a lot usable for or adaptable to the normal uses made of the
property, excluding any areas which 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, water, television, drainage, irrigation, sewage disposal, or flood control,
whether owned 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, sewage
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: Amendment “3.02.050 Clear View Of Intersecting Streets; Sight
Triangle” of the Rexburg Development Code is hereby amended as follows:
Amendment
3.2.50 Clear View Of 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 drawing 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 Use and Central Business District.
SECTION 7: Amendment “3.02.060 Distance Between Buildings” of the Rexburg
Development Code is hereby amended as follows:
Amendment
3.2.60 Distance Between Buildings
A. Single-family Dwelling & Accessory Building. The distance between any accessory
Page 8
building and a single-family dwelling 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 Than Single-family,
Residential Dwelling. The distance between an accessory building and a commercial
main building or an accessory building and a dwelling which 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. An accessory building shall be
more than six (6’) feet away from any building structure on any adjacent lot lying within
a residential zone
D. Dwellings on the Same Lot. The distance between 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 between buildings.
F. Exception: Unless approved as townhomes.
SECTION 8: Amendment “3.02.070 Accessory” of the Rexburg Development Code
is hereby amended as follows:
Amendment
3.2.70 Accessory
Accessory 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 following:
1. Residential. Accessory building such as garages, carports, equipment storage
buildings, and supply storage buildings, which are customarily used in
conjunction with and incidental to a principal use or structure, shall be permitted.
2. Temporary Construction. 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. Commercial and Other Zones Only-Other than Residential. Equipment
storage buildings and supply storage buildings.
B. Accessory Building Requirements. Accessory buildings shall:
1. Have a building footprint and height less than the main dwelling.
2. Comply with all lot coverage requirements in the existing zone.
3. Comply with the latest and mostcurrent Building Codes adopted by the City of
Rexburgof Rexburg, ID.
4. Only 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 which it is erected.
6. Location. (See subsection 3.02.060.)
a. Front Yard. Not 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) (Residential) larger than two hundred (200) square feet or
taller than ten (10’) feet in height.
Page 9
(2) (Commercial) larger than one-hundred-twenty (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 with 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. An accessory building shall be
six five (65’) feet or more from a lot line.
(1) .Reduced Distances Between Buildings. Additional
requirements may be needed for reduced distances between
buildings per the Codes adopted by the City of Rexburg.
(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. Accessory Building Size.
a. Adjacent to Residential Use or Zone. If adjacent to a residential use
or zone, the accessory building shall not exceed ten (10’) feet in height,
nor two-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 when 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
dwellings greater than a single- family.
C. Exception: University District (UD)
SECTION 9: Amendment “3.02.100 Screening And Landscaping” of the Rexburg
Development Code is hereby amended as follows:
Amendment
3.2.100 Screening And Landscaping
The following are minimum standards. Additional landscaping elements may be allowed as per
review by the Zoning Administrator or Designee. Screening and fences within the City shall
be constructed and maintained in conformance with the following standards:
A. Landscaping. Plant material size (minimum), at time of planting:
1. Deciduous trees- Two (2”) inch caliper around the trunk of the tree
2. Evergreen trees- Seven (7’) feet in height from root collar to top of tree crown
3. Shrubs- Five (5) gallon containers
4. Landscaping must be maintained as in its original design and purpose.
B. Buffers. Buffers shall be separate from the city right-of-way and consist of a minimum
five (5') feet wide landscape strip to be planted with ground cover, one (1) deciduous
Page 10
tree and five (5) shrubs, per thirty (30') lineal feet. (For commercial see subsection
3.04.060.5.c.)
C. Landscape Strip. In all zones, the area between the curb and gutter and the sidewalk is
to be landscaped, per Rexburg Engineering Street Cross Sections, by the adjacent
property owner.
1. Landscaping shall be maintained by the adjacent property owner.
2. Columnar trees shall not be in the landscape strip
D. Parking Areas. (See subsection 3.04.060.A.)
E. Commercial/Industrial Uses. Where a commercial or industrial use adjoins residential
zones, or undeveloped land shown 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 with this ordinance of
sufficient height and density to screen the two parcels, as specified by the
Planning and Zoning Commission.
F. High Density Residential Uses.
1. Where a lot in the HDR1 or HRD2 district adjoins a lot (not a right-of-way) in
the LDR or MDR zones or unincorporated and designated as single-family on
the Comprehensive Plan map, a five (5’) feet wide 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 between the front lot line of the HDR zone and
a single-family zone, a landscaped buffer seven (7’) feet wide or as required for
front yard setbacks, whichever is greater, shall be constructed and maintained
on the front lot line.
G. Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must
submit an Infrastructure Plan to the Zoning Administrator or designee to be approved for
design prior to obtaining a building permit.
1. Landscape Buffer. Parcels directly adjacent to the Highway 20 right-of-way
must have buildings buffered with deciduous two (2”) inch caliper trees at
twenty (20’) feet spacing and two (2) shrubs between trees.
2. Commercial Design Standards. Building facades adjacent to Highway 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 two (2”) inch caliper trees at fifty (50’) feet spacing and
eight (8) shrubs between trees.
3. Setback. A minimum setback of twenty-five (25’) feet is required from any
building to the Highway 20 right-of-way or a one-to-one setback to height
requirement, whichever is greater.
4. Landscaping must be maintained.
H. Open Storage Area. Open 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. No front yard storage. Open storage shall not be located within a required
front yard.
I. Utility yards. When utility yards are in zones other than Industrial or adjacent to any
Page 11
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 Administrator that is
set back from the right-of-way seven (7’) feet and at the property line when not
adjacent to the right-of-way.
a. Maintenance. The area between the right-of-way and the wall shall be
landscaped with decorative rock and shall be kept free of weeds.
(1) The area between the right-of-way and the wall shall be
planted with one two (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 with
a water drip system.
2. Water tanks are not required to be screened.
3. Pumps and other equipment associated with water tanks will be in below- grade
vaults, in buildings or shall be screened as utility yards.
SECTION 10: Amendment “3.02.110 Fencing Requirements” of the Rexburg
Development Code is hereby amended as follows:
Amendment
3.2.110 Fencing Requirements
No wall, fence, screen, or opaque hedge or screening material shall be maintained within a
required front yard, or an area which would tend to inhibit a safe sight distance of traffic
traveling upon a public street, or entering into the public street from a private driveway or alley,
or pedestrian public way. (See Sight Triangle definition in Chapter 2)
A. All fencing must obtain administrative review and approval by the Planning & Zoning
department.
B. Fence Types Not Permitted.
1. Floodplain. No fence shall be constructed in the floodway without 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
CommissionAdministrator.
a. Except for agriculture use in Transitional Agriculture (TAG).
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-way shall be a maximum of three (3’) feet in height measured
from the natural grade of the property on which it is located.
1. Fences within 15' of the right-of-way would be allowed between three (3’) to
six (6’) feet high if constructed out of rigid materials and approved by the
Zoning Administrator or designee with 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 Double-Frontage Lots. When a parcel is a Corner Lot or a Double
Page 12
Frontage Lot and the lot does not have access onto the same street through a front yard,
a fence greater than three (3') feet can be located adjacent to the sidewalk, outside of
the site triangle.
F. Rear Yard. In a rear yard, walls and fences may be between three and six feet (3’-6’).
A fence may be built along the property line in a rear yard.
1. Dog Runs. 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. Administrative approval shall be required.
2. Height Limit. Fences shall not be greater in height than eight (8’) feet.
H. Commercial Adjacent to Residential. 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, where the height of the fence shall not exceed thirty- six (36”)
inches within fifteen (15’) feet of the right-of-way.
1. In the case where there is mutual agreement between the property owners of the
commercial zone and the adjacent residential zone, the Planning and Zoning
Commission shall give considerable weight to the wishes of the parties
involved.
I. Schools, Churches, Universities, Colleges, Hospitals, Nursing Homes, City and
County. The height, location and placement of fences by the foregoing entities may be
altered, subject to prior written approval of the Zoning Administrator. However, sight
triangles at any intersection must be maintained pursuant to Section 3.02.050. of this
Ordinance. (See Sight Triangle definition.)
J. Grade Differences. Where there is a difference in the grade of the properties on either
side of a fence, wall or other similar structure, the height of the fence shall be measured
from the natural grade of the property upon which it is located.
K. Pedestrian Gates. Pedestrian access gates shall swing inward when adjacent to a public
sidewalks. (See subsection 3.02.170.)
L.
M. Fence Adjacent to Public Sidewalk. (See subsection 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 Rexburg City Code
or other City Ordinances.
2. Retaining Walls. Where a retaining wall protects a cut below or a fill above the
natural grade and is located on the line separating lots or properties, such
retaining wall may be topped by a fence, wall or hedge of the same height that
would otherwise be permitted at the location if no retaining wall existed only
after approval by the Zoning Administrator.
3. All other exceptions must obtain Planning & Zoning Commission approval.
SECTION 11: Amendment “3.02.130 Project Plan Approval” of the Rexburg
Development Code is hereby amended as follows:
Amendment
Page 13
3.2.130 Project Plan Approval
All 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 Building Department. (See section 10.4.)
1. Drainage on to an adjacent lot not owned by applicant is not allowed.
B. Commercial Projects. All project plans and engineering specifications in the
Community Business Center (CBC) Zone must be prepared and engineered by A/E
professionals. These professional engineered plans will be submitted for review and
approval from conception by the Development Review Committee.
SECTION 12: Amendment “3.02.170 Sidewalks” of the Rexburg Development
Code is hereby amended as follows:
Amendment
3.2.170 Sidewalks
A. In all zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks at the location indicated in the current City Engineering Standards, where
conditions permit. (See Appendix.B.)
1. Exempt in Transitional Agriculture (TAG) and Rural Residential 1 (RR1).
B. When a fence is placed adjacent to a public sidewalk in residential zones and no
driveway access exists, a one (1') foot landscape strip shall be maintained between the
standard sidewalk and the fence.
1. Exempt in Mixed Use (MU).
SECTION 13: Adoption “3.02.175 Flag Poles” of the Rexburg Development Code is
hereby added as follows:
Adoption
3.2.175 Flag Poles(Added)
A. Flag poles that serve a non-advertising purpose are permitted, provided they can be
erected without creating any safety issues.
1. Residential. The flag pole shall not exceed the maximum allowed building
height in the residential zone.
2. Commercial. The flag pole shall not exceed eighty (80') feet.
SECTION 14: Amendment “4.01.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Page 14
Amendment
4.1.20 Permitted Uses
Permitted Principal Uses. The following principal uses and structures indicated as “P”, and
no others, shall be permitted in the RR1 zone. The following uses and structures indicated as
“CUP” may be permitted in the RR1 zone only after a Conditional Use Permit has been
approved, and subject to the terms and conditions thereof.
RURAL RESIDENTIAL 1
Resource Production Agriculture P
Accessory Apartment CUP
Residential Accessory Building P
Manufactured – House on permanent foundation (>24’ wide) P
Single-family Dwelling, Detached P
Group Housing Boarding Houses (Short-term Rental) (See subsection P
3.02.160.)*
Care Facilities
Assisted and Residential Care Facility CU
P
Day Care Centers CU P
Group Home (Disabled & Elderly; under 8 residents) P
Place of Worship Churches, Synagogues and Temples CU
P
Nursery Schools CU
Schools, public or
private
Outdoor Recreation
Services
P
Schools CU P
Ice Skating CU P
Parks and Playgrounds, Skate Parks CU
P
Pools CU P
Tennis Courts CU P
Accessory Home Business (See subsection 4.00.040.) CU P
Accessory Home Occupation (See subsection 4.00.040.) P
Cemeteries CU P
Page 15
Utilities
Communications CU P
Electricity Regulating Substations CU
P
Utility and Public Facilities CU P
*For Boarding Houses, a Review is required for Neighborhood Compatibility for Parking,
Screening, Lighting and Landscaping to be approved by the Zoning Administrator or
designee.
A. Permitted Accessory Uses. (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.
1. Household pets are allowed.
2. No more than two (2) domestic livestock for each (1) acre shall be allowed.
Domestic livestock are allowed (See subsection 4.00.020.A.5)
SECTION 15: Amendment “4.02.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
4.2.20 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the RR2 zone. The following uses and structures indicated as “CUP” may be permitted in
the RR2 zone only after a Conditional Use Permit has been approved, and subject to the terms
and conditions thereof.
RURAL RESIDENTIAL 2
Resource Production Agriculture P
Accessory Apartment CU P
Accessory
Residential
Accessory Building P
Detached Non-family Accessory Apartment for Profit CU P
Manufactured – House on permanent foundation (>24’ wide P
Single-family Dwelling, Detached P
Group Housing Boarding Houses (Short-term Rental) (See subsection P
3.02.160.)*
CU
Page 16
Care Facilities Assisted and Residential Care Facility P
Day Care Centers CU P
Group Home (Disabled & Elderly; under 8 residents) P
Place of Worship Churches, Synagogues and Temples CU
P
Nursery Schools CU
Schools, public or
private
Outdoor Recreation
Services
Utilities
P
Schools CU P
Ice Skating CU P
Parks and Playgrounds, Skate Parks CU
P
Pools CU P
Tennis Courts CU P
Accessory Home Business (See subsection 4.00.040.) CU P
Accessory Home Occupation (See subsection 4.00.040.) P
Cemeteries CU P
Communications CU P
Electricity Regulating Substations CU
P
Utility and Public Facilities CU P
*For Boarding Houses, a Review is required for Neighborhood Compatibility for Parking,
Screening, Lighting and Landscaping to be approved by the Zoning Administrator or
designee.
A. Permitted & Conditional Accessory Uses. (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.
1. Household pets are allowed.
2. Domestic livestock are allowed. (See subsection 4.00.020.A.5)
Page 20
SECTION 16: Amendment “4.03.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
4.3.20 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the LDR1 zone. The following uses and structures indicated as “CUP” may be permitted in
the LDR1 zone only after a Conditional Use Permit has been approved, and subject to the
terms and conditions thereof.
LOW DENSITY RESIDENTIAL 1
Residential Single-family Dwelling, - dDetached P
Accessory Accessory Building P
Group Housing Boarding Houses (Short-term Rental) (See subsection P
3.02.160.)*
Care Facilities Group Home (Disabled & Elderly; under 8 residents) P
Hospitals CU P
Place of Worship Churches, Synagogues and Temples CU
P
Schools, public or
private
Outdoor Recreation
Services
Utilities
Schools CU P
Athletic Fields CU P
Golf Courses CU P
Parks and Playgrounds, Skate Parks CU
P
Recreation Centers CU P
Accessory Home Business (See subsection 4.00.040.) CU P
Accessory Home Occupation (See subsection 4.00.040.) P
Communications CU P
Electricity Regulating Substations CU
P
Utility and Public Facilities CU P
*Boarding Houses require a review for
Page 21
Neighborhood Compatibility for Parking,
Screening, Lighting and Landscaping to
be approved by the Zoning
Administrator or designee.
A. Permitted Accessory Uses. (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. 1. Household pets are allowed. 2. Domestic
livestock are allowed. (See subsection 4.00.020.A.5)
SECTION 17: Amendment “4.03.030 Lot Area” of the Rexburg Development Code
is hereby amended as follows:
Amendment
4.03.030 Lot Area
The minimum area of any lot or parcel of land in the LDR1 zone is twelve thousand (12,000)
square feet.
SECTION 18: Amendment “4.03.070 Lot Configuration And Density” of the
Rexburg Development Code is hereby amended as follows:
Amendment
4.3.70 Lot Configuration And Density
A. Not more than one (1) single-family dwelling shall be placed on a lot or parcel of land
in the LDR1 zone.
B. The maximum density is four (4) dwelling units per one (1) acre.
1. GreaterConsolidation of density may only be achieved through an approved
Planned Unit Development or with designated open-space areas.
SECTION 19: Amendment “4.04.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
4.4.20 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the LDR2 zone. The following uses and structures indicated as “CUP” may be permitted in
Page 22
the LDR2 zone only after a Conditional Use Permit has been approved, and subject to the
terms and conditions thereof.
Residential
LOW DENSITY RESIDENTIAL 2
Duplex* P
Manufactured – House on permanent foundation (>24’ wide) P
Single-family Dwelling, Attached (except townhomes) P
Single-family Dwelling, Detached P
Twin Home* P
Accessory Accessory Building P
Group Housing Boarding Houses (Short-term Rental) (See subsection
3.02.160.)
Care Facilities Assisted and Residential Care Facility CUP
Group Home (Disabled & Elderly; under 8 residents) P
Hospitals CUP
Place of Worship Churches, Synagogues and Temples CUP
Nursery Schools CUP
Schools, public or
private
Outdoor Recreation
Services
Utilities
Schools CUP
Athletic Fields CUP
Golf Courses (w/Country Club) CUP
Ice Skating CUP
Parks and Playgrounds, Skate Parks CUP
Pools (Stand-Alone) CUP
Recreation Centers CUP
Tennis Courts CUP
Accessory Home Business (See subsection 4.00.040.) CUP
Accessory Home Occupation (See subsection 4.00.040.) P
Cemeteries CUP
Libraries CUP
Communications CUP
Electricity Regulating Substations CUP
Utility and Public Facilities CUP
*For Boarding Houses, Twin Homes and Duplexes, a Review is required that addresses
Neighborhood Compatibility for parking, screening, lighting, landscaping or other concerns to
be approved by the Zoning Administrator or designee.
A. Permitted Accessory Uses. (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.
P
Page 23
1. Household pets are allowed.
2. Domestic livestock are allowed. (See subsection 4.00.020.A.5)
SECTION 20: Amendment “4.04.030 Lot Area” of the Rexburg Development Code
is hereby amended as follows:
Amendment
4.4.30 Lot Area
A. The minimum area of any lot or parcel of land in the LDR2 zone is eight thousand
(8,000) sq. ft
B.
C. A duplex requires a minimum 10,000 sq. ft. lot.
D. A twin home requires two 5,000 sq. ft. lots.
SECTION 21: Amendment “4.04.070 Lot Configuration Density” of the Rexburg
Development Code is hereby amended as follows:
Amendment
4.4.70 Lot Configuration Density
A. One (1) single-family dwelling unit may be placed on a parcel or lot may be placed on
a lot or parcel of land in the LDR2 zone.
B. No more than two (2) dwelling units in any one (1) structure.
C. The maximum density is six (6) dwelling units per one (1) acre.
1. GreaterConsolidation of density may only be achieved through an approved
Planned Unit Development or with designated open-space areas .
SECTION 22: Amendment “4.05.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
4.5.20 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the LDR3 zone. The following uses and structures indicated as “CUP” may be permitted in
the LDR3 zone only after a Conditional Use Permit has been approved, and subject to the
terms and conditions thereof.
LOW DENSITY RESIDENTIAL 3
Duplex* P
Page 24
Residential
Manufactured – House on permanent foundation (>24’ wide) P
Manufactured Housing Communities CUP
Single-family Dwelling, Detached P
Twin Home* and Townhomes P
Single-family Dwelling, Attached P
Accessory Accessory Building P
Group Housing Boarding Houses (Short-term Rental) (See subsection
3.02.160.)
Care Facilities
Assisted and Residential Care Facility CUP
Group Home (Disabled & Elderly; under 8 residents) P
Hospitals CUP
Place of Worship Churches, Synagogues and Temples CUP
Schools, public or
private
Outdoor Recreation
Services
Utilities
Nursery Schools CUP
Schools CUP
Athletic Fields CUP
Golf Courses (w/Country Club) CUP
Ice Skating CUP
Parks and Playgrounds, Skate Parks CUP
Pools (Stand-Alone) CUP
Recreation Centers CUP
Tennis Courts CUP
Accessory Home Business (See subsection 4.00.040.) CUP
Accessory Home Occupation (See subsection 4.00.040.) P
Cemeteries CUP
Libraries CUP
Communications CUP
Electricity Regulating Substations CUP
Utility and Public Facilities CUP
*For Boarding Houses, Twin Homes and Duplexes, a Review is required that addresses
Neighborhood Compatibility for parking, screening, lighting, landscaping or other concerns to
be approved by the Zoning Administrator or designee.
A. Permitted Accessory Uses. (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.
1. Household pets are allowed.
2. Domestic livestock are allowed. (See subsection 4.00.020.A.5)
P
Page 25
SECTION 23: Amendment “4.05.030 Lot Area” of the Rexburg Development Code
is hereby amended as follows:
Amendment
4.5.30 Lot Area
A. The minimum lot area on any parcel of land in the LDR3 zone is six thousand (6,000)
square feet.
B. A Duplex requires a minimum 8,000 square feet lot.
C. A Twin Home requires two 4,000 square feet lots.
SECTION 24: Amendment “4.05.070 Lot Configuration And Density” of the
Rexburg Development Code is hereby amended as follows:
Amendment
4.5.70 Lot Configuration And Density
A. One (1) single-family dwelling unit may be placed on a parcel of land or lot in the LDR3
zone. No more than two (2) dwelling units in any one (1) structure.
B. The maximum density permitted in this district is ten (10) dwelling units per one (1) acre.
1. IncreasedConsolidation of density may only be achieved through an approved
Planned Unit Development or designated open-space areas.
C.
SECTION 25: Amendment “4.06.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
4.6.20 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the MDR1 zone. The following uses and structures indicated as “CUP” may be permitted in
the MDR1 zone only after a Conditional Use Permit has been approved, and subject to the
terms and conditions thereof.
Residential
MEDIUM DENSITY RESIDENTIAL 1
Duplex P
Single-family Dwelling P
Manufactured – House on permanent foundation (>24’ wide) P
Twin Home P
Single-family Dwelling, Attached (3 or more units) P
Accessory Accessory Building P
Page 26
Bed and Breakfast Inn (Short-term Rental) (See subsection
3.02.160.) P
Boarding Houses (Short-term Rental) (See subsection
3.02.160.) P
Group Housing
Care Facilities
Dormitory, Fraternity, Sorority CU P
Mobile Home Courts and Subdivisions CU
P
Multi-Family Dwellings P
Short-Term Rental (See subsection 3.02.160.) P
Townhome P
Assisted and Residential Care Facility CU
P
Day Care Centers P
Group Home (Disabled & Elderly; under 8 residents) P
Hospitals CU P
Residential Facility for Elderly Persons (greater than 8 residents) CU P
Place of Worship Churches, Synagogues and Temples CU
P
Nursery Schools P Schools, public or
private
Outdoor Recreation
Schools CU P
Athletic Fields CU P
Golf Courses (w/Country Club) CU
P
Ice Skating CU P
Parks and Playgrounds, Skate Parks CU
P
Pools CU P
Recreation Centers CU P
Tennis Courts CU P
Accessory Home Business (See subsection 4.00.040.) CU P
Accessory Home Occupation (See subsection 4.00.040.) P
Page 27
Services Cemeteries CU
P
Libraries CU P
Transportation Automobile Parking Lots and Garages (Separate) CU P
Communications CU P
Utilities Electricity Regulating Substations CU
P
Utility and Public Facilities CU P
A. Permitted Accessory Uses. (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.
1. Household pets are allowed.
SECTION 26: Amendment “4.06.030 Lot Area” of the Rexburg Development Code
is hereby amended as follows:
Amendment
4.6.30 Lot Area The
minimum lot area of any parcel of land in the MDR1 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 twin home.
C. For 3 units or larger, apply the density requirement in 4.06.070.
SECTION 27: Amendment “4.06.070 Lot Configuration And Density” of the
Rexburg Development Code is hereby amended as follows:
Amendment
4.6.70 Lot Configuration And Density
A. The maximum density is sixteen (16) dwelling units per one (1) acre.
1. Consolidated density may be achieved through an approved a Planned Unit
Development (PUD) or designated open-space areas.
, developments shall not exceed a density of sixteen (16) units per acre.
Page 28
SECTION 28: Amendment “4.07.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
4.7.20 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the MDR2 zone. The following uses and structures indicated as “CUP” may be permitted in
the MDR2 zone only after a Conditional Use Permit has been approved, and subject to the
terms and conditions thereof.
Residential
MEDIUM DENSITY RESIDENTIAL 2
Duplex P
Single-family Dwelling P
Manufactured – House on permanent foundation (>24’ wide) P
Twin Home P
Single-family Dwelling, Attached (3 or more units) P
Accessory Accessory Building P
Bed and Breakfast Inn (Short-term Rental) (See subsection
3.02.160) P
Group Housing
Care Facilities
Boarding Houses (Short-term Rental) (See subsection 3.02.160) P
Dormitory, Fraternity, Sorority (up to 10 units/building) CU P
Mobile Home Courts and Subdivisions CU
P
Multi-Family Dwellings P
Short-Term Rental (See subsection 3.02.160) P
Townhome P
Assisted and Residential Care Facility CU
P
Day Care Centers P
Group Home (Disabled & Elderly; under 8 residents) P
Hospitals CU P
Residential Facility for Elderly Persons (greater than 8 CU
residents) P
Place of Worship Churches, Synagogues and Temples CU
P
Nursery Schools P Schools, public or
private Schools CU P
Page 29
Outdoor Recreation
Athletic Fields CU
P
Golf Courses (w/Country Club) CU
P
Ice Skating CU P
CU
Parks and Playgrounds, Skate Parks P
Services
Pools CU P
Recreation Centers CU P
Tennis Courts CU P
Accessory Home Business (See subsection 4.00.040.) CU P
Accessory Home Occupation (See subsection 4.00.040.) P
Cemeteries CU P
Libraries CU P
Transportation Automobile Parking Lots and Garages (Separate) CU P
Communications CU P
Electricity Regulating Substations CU Utilities P
Utility and Public Facilities CU P
A. Permitted Accessory Uses. (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.
1. Household pets are allowed.
SECTION 29: Amendment “4.07.030 Lot Area” of the Rexburg Development Code
is hereby amended as follows:
Amendment
4.7.30 Lot Area
Page 30
A. The minimum lot area of any parcel of land in the MDR2 zone is four thousand, five-
hundred (4,500) square feet for an individual unit.
B. Duplex or Twin Home. The minimum lot area of a parcel of land in the MDR2 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: Amendment “4.07.070 Lot Configuration And Density” of the
Rexburg Development Code is hereby amended as follows:
Amendment
4.7.70 Lot Configuration And Density
A. The maximum density is twenty (20) dwelling units per one (1) acre.
B. Consolidated density may be achieved through an approved Planned Unit Development
or designated open-space areas.
Without a Planned Unit Development (PUD), development shall not exceed a density of
twenty (20) units per (1) acre.
SECTION 31: Amendment “4.08.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
4.8.20 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the HDR1 zone. The following uses and structures indicated as “CUP” may be permitted in
the HDR1 zone only after a Conditional Use Permit has been approved, and subject to the
terms and conditions thereof.
Residential
HIGH DENSITY RESIDENTIAL 1
Duplex P
Single-family Dwelling CU P
Manufactured – House on permanent foundation (>24’ wide) CU P
Accessory Accessory Building P
Bed and Breakfast Inn (Short-term Rental) (See subsection
3.02.160) P
Group Housing
Boarding Houses (Short-term Rental) (See subsection 3.02.160) P
CU
Dormitory, Fraternity, Sorority P
Page 31
Mobile Home Courts and Subdivisions P
Care Facilities
Multi-Family Dwellings P
Short-Term Rental (See subsection 3.02.160) P
Assisted and Residential Care Facility P
Day Care Centers P
Disabled Persons Residential Facility P
Group Home (Disabled & Elderly; under 8 residents) P
Hospitals CU P
Residential Facility for Elderly Persons P
Place of Worship Churches, Synagogues and Temples CU
P
Nursery Schools P Schools, public or
private
Outdoor Recreation
Services
Transportation
Schools CU P
Athletic Fields CU P
Golf Courses (w/Country Club) CU
P
Ice Skating CU P
Parks and Playgrounds, Skate Parks CU
P
Pools CU P
Recreation Centers CU P
Tennis Courts CU P
Accessory Home Occupation (See subsection 4.00.040.) P
Accessory Home Business (See subsection 4.00.040.) CU P
Cemeteries CU P
Libraries CU P
Automobile Parking Lots and Garages CU
P
Automobile Parking Lots and Garages (Separate) CU
P
Page 32
Utilities
Communications CU
P
CU
Electricity Regulating Substations P
Utility and Public Facilities CU P
A. Permitted Accessory Uses. (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.
1. Household pets are allowed.
SECTION 32: Amendment “4.08.030 Lot Area” of the Rexburg Development Code
is hereby amended as follows:
Amendment
4.8.30 Lot Area
A. The minimum lot area on any parcel of land in the HDR1 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. Nine thousand (9,000) sq. ft. is needed for a four-plex.
SECTION 33: Amendment “4.08.070 Lot Configuration And Density” of the
Rexburg Development Code is hereby amended as follows:
Amendment
4.8.70 Lot Configuration 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 Residential uses, regardless of actual number of
dwellings, the density shall not exceed one-hundred-eighty (180) individuals
per acre.
B. PED. The Pedestrian Emphasis District (PED) density is regulated by the University,
the adopted Building Code, and any requirements imposed as part of the required CUP.
(See section 9.1.)
For increased densities, see section 9.1.
Page 33
SECTION 34: Amendment “4.09.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
4.9.20 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the HDR2 zone. The following uses and structures indicated as “CUP” may be permitted in
the HDR2 zone only after a Conditional Use Permit has been approved, and subject to the
terms and conditions thereof.
Residential
HIGH DENSITY RESIDENTIAL 2
Duplex P
Single-family Dwelling CU P
Manufactured – House on permanent foundation (>24’ wide) CU P
Accessory Accessory Building P
Bed and Breakfast Inn (Short-term Rental) (See subsection
3.02.160) P
Group Housing
Care Facilities
Boarding Houses (Short-term Rental) (See subsection 3.02.160) P
Dormitory, Fraternity, Sorority CU P
Mobile Home Courts and Subdivisions P
Multi-Family Dwellings P
Short-Term Rental (See subsection 3.02.160) P
Assisted and Residential Care Facility P
Day Care Centers P
Group Home (Disabled & Elderly; under 8 residents) P
Hospitals CU P
Residential Facility for Elderly Persons P
Place of Worship Churches, Synagogues and Temples CU
P
Nursery Schools P Schools, public or
private Schools CU P
Athletic Fields CU P
Golf Courses (w/Country Club) CU
P
CU
Page 34
Outdoor Recreation Ice Skating P
Parks and Playgrounds, Skate Parks CU
P
Pools CU P
Recreation Centers CU P
Tennis Courts CU P
Accessory Home Occupation (See subsection 4.00.040.) P
Accessory Home Business (See subsection 4.00.040.) CU P
Services
Transportation
Utilities
Cemeteries CU P
Libraries CU P
Automobile Parking Lots and Garages CU
P
Separate Parking Lots CU P
Communications CU P
Electricity Regulating Substations CU
P
Utility and Public Facilities CU P
A. Permitted Accessory Uses. (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.
1. Household pets are allowed.
SECTION 35: Amendment “4.09.070 Lot Configuration And Density” of the
Rexburg Development Code is hereby amended as follows:
Amendment
4.9.70 Lot Configuration And Density
A. DThe maximum density is forty-two (42) units per one (1) acre. welling units shall not
Page 35
exceed forty-two (42) units per acre.
1. For Dormitory or Congregate Residential uses, regardless of actual number of
dwellings, the density shall not exceed two-hundred-fifty-two (252) individuals
per acre.
B. PED. The Pedestrian Emphasis District (PED) density is regulated by the University,
the adopted Building Code, and any requirements imposed as part of the required CUP.
(See section 9.1.)
SECTION 36: Amendment “5.02.020 Permitted Uses” of the Rexburg Development
Code is hereby amended as follows:
Amendment
5.02.020 Permitted Uses
The following principal uses and structures indicated as “P”, and no others, shall be permitted
in the TAG zone. The following uses and structures indicated as “CUP” may be permitted in
the TAG zone only after a Conditional Use Permit has been approved, and subject to the terms
and conditions thereof.
TRANSITIONAL AGRICULTURE
Resource Production Agriculture P
Residential
Manufactured - House on permanent foundation (>24' P wide)
Single-family Dwelling P
Group Housing Boarding Houses (See subsection 3.02.160.)* P
Group Home (Disabled & Elderly; under 8 residents) P Care Facilities Hospitals CUP
Places of Worship Churches, Synagogues and Temples CUP
Public buildings CUP Recreation Stadiums, arenas, field houses CUP
Schools, public or private Schools CUP
Accessory Home Business (See subsection 4.00.040.) CUP
Accessory Home Occupation (See subsection 4.00.040.) P
Airports CUP Services Animal Veterinarian Services (inside only) CUP
Cemeteries CUP
Commercial Kennels CUP
Utilities Broadcasting Towers CUP
*For Boarding Houses, a Review is required for Neighborhood Compatibility for Parking,
Screening, Lighting and Landscaping to be approved by the Zoning Administrator or
Page 36
designee.
SECTION 37: Amendment “5.02.030 Permitted Accessory Uses” of the Rexburg
Development Code is hereby amended as follows:
Amendment
5.2.30 Permitted Accessory Uses
(See subsection 3.02.070.)
Accessory uses and structures are permitted in the TAG zone provided they are incidental to,
and do not substantially alter the character of the permitted use or structure, and are located on
the same or an adjacent lot as the permitted use. Such permitted accessory uses and structures
include, but are not limited to, the following:
A. Residential Uses. (See subsection 4.00.020.)
B. Swimming pools and incidental bath houses subject to the standards of Rexburg City
Code.
C. No Open Storage. Nothing herein shall be construed to permit the open storage of
materials or equipment used in conjunction with permitted uses, or shall be concealed
from view from public or private streets.
D. Livestock. No more than ten (10) livestock per acre are permitted in a TAG zone.
However, this does not include commercial enterprises or animal-related business such
as produce packing plants, fur farms, veterinary clinics, animal hospitals, feed lots,
poultry and egg farms, hog farms, dog kennels, honey processing, and similar uses which
would constitute a “business” as opposed to that of the raising of agricultural crops
and/or pasture.
SECTION 38: Amendment “6.01.030 Lot Area” of the Rexburg Development Code
is hereby amended as follows:
Amendment
6.1.30 Lot Area
A. The minimum area of any new subdivision lot or parcel of land in the CBC zone shall
be five (5) acres; however, smaller lots or parcels may be created as part of an approved
plat and recorded Record of Survey, as specified in City Code.
B. The maximum area of land in the CBC zone is twenty (20) acres.
C. Single ownership. Said land shall be in single ownership or single control for integrated
development.
SECTION 39: Amendment “6.02.030 Single Ownership And Control” of the
Rexburg Development Code is hereby amended as follows:
Page 37
Amendment
6.2.30 Single Ownership And Control
A. Land within a given RBC zone shall be in single ownership or single control in order to
provide for integrated development unless requested and approved by the Rexburg City
Council.
B. Single Ownership. The term, "single control", shall be construed to allow the recording
of a Record of Survey. which is in conformance with the "Final Development Plans,"
the "Final Approval by Mayor," the "Standards and Requirements," and the "Guarantees
and Covenants" sections of the Planned Unit Development Sections of Development
Code.
1. Consequence. Failure to maintain single ownership or single control may result
in the initiation of action to return the property to the zone, or zones, existing
prior to the establishment of the RBC zone.
C. Record of Survey before Building Permits. The Record of Survey must be approved
and recorded prior to the issuance of any building permits and must be in compliance
with all applicable sections of the Rexburg City Code and other Building Codes adopted
by the City of Rexburg.
SECTION 40: Amendment “7.00.050 Building Height” of the Rexburg
Development Code is hereby amended as follows:
Amendment
7.0.50 Building Height
A. The height of every building or structure hereafter designed, erected, or structurally
altered or enlarged, shall conform to the requirements of the Building Code most recent
edition of the Rexburg Building Code as adopted by Rexburg City, and shall not exceed
fifty-five (55') feet in maximum height. , measured at the top of building’s horizontal
wall.
1. Additional height for a building or structure may be achieved through an
approved Conditional Use Permit (CUP).
SECTION 41: Amendment “7.01.050 Yard Requirements” of the Rexburg
Development Code is hereby amended as follows:
Amendment
7.1.50 Yard Requirements
The following minimum yard requirements shall apply in the LI zone:
A. Front Yard. Each lot or parcel in the LI zone shall have a landscaped front yard of not
less than ten (10’) feet from the right-of-way.
B. Side and Rear Yard. Where adjoining a residential zone, school, or park, a side
Page 38
and/or rear yard of not less than twenty (20’) feet shall be required No side and/or rear
yard required unless adjacent to Residential or Commercial Zones.
1. .Adjacent to Residential. Buildings adjacent to residential shall have a
minimum setback of twenty (20') feet or a setback of six (6") inches for every
one (1') foot of building height, whichever is greater.
C. Accessory Building. (See subsection 7.00.030.)
SECTION 42: Amendment “7.02.050 Yard Requirements” of the Rexburg
Development Code is hereby amended as follows:
Amendment
7.2.50 Yard Requirements
(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-way.
B. Side Yard. No side yard requirement unless imposed by the Planning and Zoning
CommissionZoning Administrator to protect adjacent properties against the undesirable
characteristics of a particular use; or as required by the latest provisions of the Building
Code adopted by the City of Rexburg. Building Code.
1. Side & Rear Yard Accessory Building. (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 Administrator to mitigate potential nuisances.
Otherwise, no setback required
D. Adjacent to Residential. Buildings adjacent to residential shall have a minimum
setback of twenty (20’) feet or a setback of six (6") inches for every one (1') foot of
building height, whichever is greater.
.
SECTION 43: Amendment “9.01.040 Reduction In Parking For Dormitory” of the
Rexburg Development Code is hereby amended as follows:
Amendment
9.1.40 Reduction In Parking For Dormitory
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%
with a Parking Management Plan or 60% pursuant to a Conditional Use Permit (CUP) and
subject to the following requirements and provisions:
Page 39
A. Eligibility.
1. In order to be eligible for the reduced parking ratios as permitted herein, the
resulting structure must have dwelling 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 Reduced Parking
1. A Parking Management Plan shall be designed and anticipated to facilitate
parking for the intended tenants of the units as well 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 following items shall be considered when evaluating
a parking plan:
a. On site, how will visitor vs. tenant parking spaces be identified to
determine compliance?
b. Are there specific times the spaces will be available?
c. Who will 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 Ratio. The parking ratio per student within the PED as identified on the
attached exhibit map shall be reflective of a market demand as determined by the
applicant or land owner, but may in some cases be reduced to as little as sixtyseventy-
five (60 75%) percent, including other parking that is required for guests and
management.
1. Dormitory
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 with a
Conditional Use Permit (CUP) including other parking that is required
for guests and management.
2. Community Housing
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 with a Conditional Use Permit
(CUP) including other parking that is required for guests and
management.
D. Rental Agreements. 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 following:
1. Space Size. Guest parking spaces shall be the City’s full-size parking space
standard unless the Developer Option is exercised. (See subsection 3.04.040.)
Page 40
a. These spaces shall not be included in the parking contract required to
be entered into.
b. Signs. Guest parking shall be marked with signage that is clearly visible
during all seasons of the year.
2. Visitor Parking Ratio. One (1) vehicle parking space per ten (10) residents
shall be provided for guest parking
a. Visitor or Guest Parking. Visitor or Guest Parking may be reduced to
six (6%) percent visitor parking stalls per number of beds with a
Conditional Use Permit (CUP).
G. Parking areas.
1. Parking areas (parking spaces and maneuvering areas) shall not be located
within the required front yard as per subsection 3.04.050.B.
2. Front Yard. Existing parking areas that are located within 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 when vehicles are not
allowed to be parked overnight on City streets.
4. Curbing. 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 twenty (20%) percent landscaping requirement may be reduced down to as little
as ten (10%) percent upon approval of the Zoning Administrator.
SECTION 44: Amendment “9.03.020 Definitions” of the Rexburg Development
Code is hereby amended as follows:
Amendment
9.03.020 Definitions
Terms involving sexually-oriented businesses shall have the meaning set forth in chapter 2 of
this Ordinance.
SECTION 45: Amendment “10.01.030 Jurisdictions” of the Rexburg Development
Code is hereby amended as follows:
Amendment
10.1.30 Jurisdictions
The regulations apply to the subdividing of all land within the city and include the following:
A. Subdivision of land into three (3) or more parcels for the transfer of ownership or
development.
1. Publicly Maintained Street Frontage. These lots or parcels created shall
Page 41
front a publicly maintained street unless approved by the Commission and
City Council.
B. Dedication of a Street or Alley. 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 Adjustment. A lot-line-adjustment which 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 shown on the official U.S.
Government General Land Office Township Survey maps including re-
subdivisions and designed exclusively for agricultural purposes, and which do
not involve any new street dedication of the creation of private easement access
to lots or parcels which could otherwise be provided access to a publicly
dedicated street. (See definition of agriculture.)
3. Settlement of Estate or Court Decree. An allocation of land in the settlement
of an estate or a court decree for the distribution of property with the stipulation
that the land may not be divided into more than four (4) parcels with a minimum
size per parcel to be five (5) acres, or create lots that do not meet the
requirements of the zoning regulations.
4. Unwilling Sale. The unwilling sale of land as a result of legal condemnation as
defined and allowed in the Idaho Code and when 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 which do not meet existing zoning
regulations.
SECTION 46: Amendment “10.03.010 Pre-Application” of the Rexburg
Development Code is hereby amended as follows:
Amendment
10.03.010 Pre-Application
Before filing an application for a Plat, the Applicant will submit a concept drawing and any
additional data to communicate intentions and plans and meet with the Economic Development
Ready Team. The Economic Development Ready Team will communicate any pertinent
information to the Applicant. , which the Applicant should be aware of. (See subsection
1.02.020.)
SECTION 47: Amendment “10.03.070 Request For Mylar” of the Rexburg
Page 42
Development Code is hereby amended as follows:
Amendment
10.3.70 Request For Mylar
Once all revisions from staff reviews, County Surveyor, Commission and/or Council
amendments have been made to the Plat, the City of Rexburg Staff will 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 was 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 Certifications.
1. Signature of the following 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 (Health Department after approval by
D.E.Q.)
d. Treasurers Certification of taxes paid
e. City Planning & Zoning Administrator
f. Certification of plat approval by the City Engineer
g. Certificate of approval by the City Clerk
h. Certificate of approval by City Council (Mayor)
i. Treasurers Certification of taxes paid
j. Recordation by County Recorder
D. Development Agreement. Before the Plat will be signed by the City, the Development
Agreement shall be executed and the Development Agreement fees shall be paid.
SECTION 48: Adoption “10.03.120 Plat Amendment (Reserved)” of the Rexburg
Development Code is hereby added as follows:
Adoption
10.03.120 Plat Amendment (Reserved)(Added)
SECTION 49: Amendment “10.6 Short Plat” of the Rexburg Development Code is
hereby amended as follows:
Page 43
Amendment
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, Commission action, and Council action. City of Rexburg Staff will
take the place of both the Planning and Zoning Commission and the City Council.
A. Conditions. A Short Plat may be requested when all of the following 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. No right-of-way dedication is necessary as required by City Codes and
Ordinances unless otherwise approved by the City Engineer.
3. Public improvements, street widening or infrastructure improvements have been
approved by the City Engineer
4. No impacts on the health, safety or general welfare of the City of Rexburg
5. The subdivision is in the best interest of the City of Rexburg
B. Administratively Reviewed by Staff. The Zoning Administrator shall review said
plans and data as submitted and within ten (10) working 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
followed by the Zoning Administrator in the implementation of the Development Code.
SECTION 50: Amendment “Lot Density” of the Rexburg Development Code is
hereby amended as follows:
Amendment
Lot Density
A. Determine Developable Land. Density in a PUD shall be determined by using the
“developable land” of the entire proposed development.
1. Developable land is land under 30% slope and land capable of being improved
with landscaping, recreational facilities, buildings, or parking.
2. Subtract Land. Land devoted to Rexburg dedicated street usage in PUD
subdivisions shall not be considered developable acreage and must be
subtracted out of the total acreage used to determine density, as well as areas
designated for the use of churches, schools, and public buildings.
B. Determine Base Density. The maximum number of residential units allowed per
developable acre in a PUD, which meets only the minimum development requirements
of this Chapter, shall be calculated using the Lot Area Per Dwelling Requirement of the
underlying zone:
1. Zone Lot Area per Dwelling
LDR1 1 Unit per 12,00010,890 square feet
Page 44
LDR2 1 Unit per 5,0007,260 square feet
LDR3 1 Unit per 4,0004,356 square feet
MDR1 1 Unit per 2,723 square feet
MDR2 1 Unit per 2,178 square feet
C. Density Bonus Points. Increased densities may be considered based on design
upgrades.
SECTION 51: Amendment “Density Bonuses” of the Rexburg Development Code
is hereby amended as follows:
Amendment
Density Bonuses
Density in excess of the base density for the underlying zone may be considered for projects
which comply with the bonus density design requirements.
A. The amount of density bonuses shall be determined by the type of Bonus Density Design
Requirements incorporated in the development proposal.
B. In no case shall the density bonus exceed the maximum density (per net developable
acre NDA) allowed for the zone in which the development occurs according to the
following chart:
Zone Base Density Maximum Density
LDR1 3.634 Units/NDA 4.845 Units/NDA
LDR2 8.716 Units/NDA 10.898 Units/NDA
LDR3 10.8910 Units/NDA 13.2013 Units/NDA
MDR1 16 Units/NDA 22 Units/NDA
MDR2 20 Units/NDA 26 Units/NDA
C. Density Bonus Calculation. For applicants requesting a density greater than the base
density, the Planning and Zoning Commission and City Council shall determine whether
the applicant has complied with the necessary design components as provided in this
Section and shall assign density points as applicable.
1. The additional units per acre allowed above the base density for the PUD 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 allowed above the base density. This number when added to
the base density will 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 LDR1 zone and the design is awarded
75 bonus points. 75 x .0121 = 0.910.75 additional units per acre.
0.910.75 + 3.634(base density) = 4.7554 maximum units per acre for
the development.)
Page 45
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 Density Points
LDR1 0.01210.01 100
LDR2 0.0218 100
LDR3 0.03231 100
MDR1 0.06 100
MDR2 0.06 100
D. Density Bonus Design Requirements. If greater density is requested above the base
density, a PUD development shall comply with one or more of the following bonus
density design requirements depending upon the desired density increase.
1. Approval. The Planning and Zoning Commission shall review and determine 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. Required 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 following 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 Efficiency
a. Insulation. All dwellings and main buildings shall have wall and
ceiling insulation that exceeds the requirements of the International
Energy Conservation Code (IECC). Exceeding the requirements for
doors and window energy efficiency can also be taken in consideration
for density bonus. (Up to 10 points)
b. Solar Design. All dwellings are designed with an active or passive
solar feature. The solar feature shall be a solar water heater, trombe wall,
earth insulation of a majority of the walls, the building designed so that
the main exposure faces south and has windows 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.
Combination features per unit throughout the entire project, up to 30
points)
c. LEED. Development achieves a Leadership in Energy and
Environmental Design (LEED) certification for Neighborhood
Development through the U.S. Green Building Council (USGBC).
(Up to 40 points)
2. Building Design.
a. Materials. All facades of each dwelling 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, wood board and batten siding, wood
Page 46
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. (Up to 20 points)
b. Roof Materials. Roof materials should also be appropriate to the style.
All 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. (Up to 15 points)
c. Design Theme.
(1) Installed Landscaping. Landscaping is designed and installed
along all streets of the development according to a theme which
provides units and interest. (Up to 20 points)
(2) Theme Lighting. Theme lighting is used throughout the
development for street lighting, lighting of walkways, parking
areas, entrances, and building exteriors. (Up 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. (Up 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 Area
(1) Screening. Parking lots of twenty (20) or more stalls are
screened from view by means of berming or landscaping
around the perimeter of the parking lot. (Up 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. (Up 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. (Up to 15
points)
(4) Permeable Surfaces. Surfaces for parking and maneuvering
other than the public right-of-way 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. (Up 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. (Up to 10 points)
(6) Bicycle Parking. For any non-residential buildings or multi-
Page 47
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 within fifty (50’) feet of the
entrance to the building that it services. (Up to 10
points)
(B) Sheltered bicycle parking. (Up to 20 points)
e. Recreational Amenities
(1) Active Recreation. The PUD includes a recreational amenity
primarily for the use of the residents of the development.
Amenities 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. (Between 5
to 35 points)
(B) Common Building or Facilities. Development of a
common building which shall be used for meetings,
indoor recreation, day care, or other common uses as
approved by the Planning and Zoning Commission.
RV parking facilities may also be considered with this
design feature. (Up 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 willing to accept the
proposed dedication before points are
awarded. (Public access up to 15 points.
Public Park up to 40 points)
(D) Construction of Trail or Park. Construction
according to City 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 Areas. Riparian areas along rivers and
streams are preserved with natural and native
landscaping to encourage continued use of these areas
as wildlife corridors. (Up to 15 points)
f. Landscaping
(1) Extra Trees. Design and planting more than the minimum
number of trees, shrubs, and perennials per dwelling unit in the
development. (Up to 20 points)
(2) Soften Fence Appearance. Areas which are to be screened
use a solid non-see-through vinyl or masonry fence and
landscaping which acts to soften the appearance of the fence.
Landscaping may be vines, shrubs, or trees. (Up to 15 points)
g. Open Green Space
Page 48
(1) Designed Plan. Open green space is designed (not leftover
space between buildings) and flows uninterrupted through the
entire development linking dwellings and recreation amenities.
(Up to 25 points)
(2) Multiple Use. Storm water detention facilities are designed and
used for multiple purposes which blend with the overall theme
of the open space design (i.e., shape of the area is free flowing,
and the grading and landscaping are carried out in such a
manner that the use as a detention pond is not discernible.) (Up
to 20 points)
(3) Native Plants. Native plants are used for common open space
elements. (Up to 15 points)
(4) Drought Tolerant Plants. Drought tolerant plants are used for
common open space elements. (Up to 10 points)
h. Public Streets. All streets within the development (except the streets
required by the City to be dedicated) are open to public use, but
privately maintained. (Up to 25 points)
i. Housing. Mixed housing types, (e.g. apartments, condos, medium
density, low density, and mixed use) are incorporated in the
development with the intent to allow aging in place and appropriate
mixes of socioeconomic groups. (Up to 40 points)
SECTION 52: Amendment “CHAPTER 11 MANUFACTURED/MOBILE
HOMES” of the Rexburg Development Code is hereby amended as follows:
Amendment
CHAPTER 11 MANUFACTURED/MOBILE HOMES
SECTION 53: Amendment “11.01.010 Purpose And Objectives” of the Rexburg
Development Code is hereby amended as follows:
Amendment
11.1.10 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 welfare of the City of
Rexburg.
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/Mobile Homes on a permanent or temporary basis.
B. Safety Inspections. Must meet all safety inspection requirements.
Page 49
SECTION 54: Amendment “11.01.020 Definitions” of the Rexburg Development
Code is hereby amended as follows:
Amendment
11.1.20 Definitions
A. Mobile home (defined under Idaho Code 39-4105(9)):
1. A factory-assembled structure or structures constructed PRIOR to June 15, 1976,
and equipped with the necessary service connections, so as to be readily
movable as a unit or units on their own running gear and designed to be used as
a dwelling unit or units with or without a permanent foundation.
2. Size. The term "mobile home" means forms of housing known as "trailers",
"house trailers", or "trailer coaches" exceeding (8’) feet in width or forty-five
(45’) feet in length, designed to be moved from one place to another by an
independent power connected to them or any trailer, house trailer or trailer coach
up to eight (8’) feet in width 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 with or without a permanent foundation when 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 wheels 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, which,
in the traveling mode, is eight (8’) body feet or more in width or is forty (40’)
body feet or more in length or when erected on site, is three- hundred-twenty
(320) or more square feet.
3. Exception. Any structure which meets all the requirements of this subsection
except the size requirements and the manufacturer voluntarily files a certification
required by the Secretary of Housing and Urban Development and complies
with the standards established under 42 U.S.C. section 5401 et seq.
C. The following terms are defined in Chapter 2:
Access Way
Awning
Building
Building, Detached
Page 50
Building, Nonconforming
Carport
Flood Area, Gross
Manufactured Home
Modular Home
Mobile Home, Rehabilitated
Ramada
Stand
SECTION 55: Amendment “11.2 MANUFACTURED/MOBILE HOME
REQUIREMENTS” of the Rexburg Development Code is hereby amended as follows:
Amendment
11.2 MANUFACTURED/MOBILE HOME REQUIREMENTS
SECTION 56: Amendment “11.02.010 New Manufactured Housing Units” of the
Rexburg Development Code is hereby amended as follows:
Amendment
11.2.10 New Manufactured Housing Units
New manufactured housing units are permitted (with a Conditional Use Permit (CUP) in some
zones) in the HDR, MDR and LDR2-3, RR1-2, and TAG zones on individual lots under
specific conditions.
A. New Manufactured/Mobile Home Conditions.
1. Width. The home shall be at least twenty-four feet (24') in width.
2. Roof. It shall have a non-glare, wood 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 Code for residential structures. 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.
Page 51
6. Mobile homes that do not meet the conditions immediately above are also
permitted in established or approvedmobile home courts and mobile home
subdivisions.
SECTION 57: Amendment “11.02.020 Skirting” of the Rexburg Development Code
is hereby amended as follows:
Amendment
11.02.020 Skirting
Skirting of Manufactured/Mobile Homes is required, but such skirting shall not attach the
Manufactured/Mobile Home permanently to the ground or create a fire hazard.
SECTION 58: Amendment “11.02.030 Wheels” of the Rexburg Development Code
is hereby amended as follows:
Amendment
11.2.30 Wheels
Removing the wheels of a Manufactured/Mobile Home or setting the Manufactured/Mobile
Home on posts or footings shall not make the Manufactured/Mobile Home exempt from the
requirements of this Chapter.
A. Mobilize. The wheels of the Manufactured/Mobile Home may be removed, but no axles,
springs and other equipment needed to mobilize must remain.
B. Jacks or Stabilizers. Jacks or stabilizers may be placed under the frame of the
Manufactured/Mobile Home to prevent movement on the springs while the
Manufactured/Mobile Home is parked and occupied.
SECTION 59: Amendment “11.02.040 Location” of the Rexburg Development
Code is hereby amended as follows:
Amendment
11.2.40 Location
A. Manufactured housing units are only permitted in Manufactured Housing Communities
with a Conditional Use Permit (CUP) in LDR3.
B. Industrial Zones. Manufactured/Mobile Homes used for residential quarters for
watchmen or caretakers and located on the premises of an industrial establishment in any
industrial zone shall be permitted.
C. Outside a Manufactured/Mobile Housing Community. It shall be unlawful to
maintain a Manufactured/Mobile Home for residential purposes outside a
Page 52
Manufactured/Mobile Housing Community. Such prohibition shall apply regardless of
whether the parking site shall be on private or public premises, streets, alleys, or
highway.
D. Exception: Residential. Manufactured/Mobile Homes with a width greater than
twenty-four (24’) feet which meet the definition on masonry foundations shall be
permitted for residential purposes as per the Rexburg Development Code.
SECTION 60: Amendment “11.3 MANUFACTURED/MOBILE HOME
COMMUNITY” of the Rexburg Development Code is hereby amended as follows:
Amendment
11.3 MANUFACTURED/MOBILE HOME HOUSING COMMUNITY
SECTION 61: Amendment “11.03.010 Building Permit After Location Approval” of
the Rexburg Development Code is hereby amended as follows:
Amendment
11.03.010 Building Permit After Location Approval
No building permit shall be issued for construction of a new Manufactured/Mobile Home
Housing Community or expansion of an existing Manufactured/Mobile Home Housing
Community in any district until the proposed location is approved with the stipulations of the
approval stated therein.
SECTION 62: Amendment “11.03.020 Accessory Buildings” of the Rexburg
Development Code is hereby amended as follows:
Amendment
11.3.20 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 Additions” includes the construction of awnings, 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 Home, and no Manufactured/Mobile Home shall support any
building in any manner.
C. No Building Permit Required. Lightweight awnings, ramadas, and other lightweight
structures and additions are allowed without a building permit.
1. Less than 200 sq. ft. Accessory buildings that are less than two hundred (200)
Page 53
square feet do not require a building permit.
D. Building Permit Required. All other structures will 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 which requires a railing.)
SECTION 63: Amendment “11.03.030 Density Requirements” of the Rexburg
Development Code is hereby amended as follows:
Amendment
11.3.30 Density Requirements
In no event shall the density exceed eightten (810) mobilemanufactured homes per gross acre.
without the acquisition of a Conditional Use Permit allowing said density to be increased.
A. Density requirements shall be established as the minimum square footage of gross site
area for each Manufactured Home.
1. Consolidation of density may only be achieved through an approved Planned
Unit Development or designated open-space areas.
B. Streets. If it is determined by the City of Rexburg staff that a street widening or
terminating dedication is necessary, the amount of land dedicated shall be subtracted
from the gross site area when calculating the proposed density.
SECTION 64: Amendment “11.03.040 Parking” of the Rexburg Development Code
is hereby amended as follows:
Amendment
11.3.40 Parking
A. Unoccupied Manufactured/Mobile Home. Parking of unoccupied
Manufactured/Mobile Homes is prohibited on public premises, streets, alleys, or
highways, 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 twenty
feet (9' x 20') in size for each Manufactured/Mobile Home space.
2. Access. Such space shall have a clear and unobstructed access to an access way.
Any parking in the access way shall not fulfill this requirement.
3. Visitor Parking. Ten (10%) percent visitor parking shall be required.
4. Tandem Parking. Tandem parking is allowed with Zoning Administrator or
designee approval.
SECTION 65: Amendment “11.03.050 Conditional Use Permit” of the Rexburg
Development Code is hereby amended as follows:
Page 54
Amendment
11.3.50 Conditional Use Permit
A. Application Submittal.
1. Application. Applicant shall fill out an application for a Conditional Use Permit
to construct a new Manufactured/Mobile HomeHousing Community or to
expand an existing Manufactured/MobileHomeHousing Community.
2. Infrastructure Plan. One (1) digital copy of the Infrastructure Plan of the
proposed community in .pdf AutoCAD format shall be submitted with the
application containing the following information:
a. General Layout. The Infrastructure Plan should show the general
layout of the entire Manufactured/MobileHomeHousing Community.
b. Compass or North Arrow. North orientation of the Infrastructure Plan.
c. Community Boundary & Dimensions. Boundaries and dimensions
of the Manufactured/MobileHomeHousing Community.
d. Drafter or Engineer. 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 Details.
j. Proposed Name. Name of the Manufactured/MobileHomeHousing
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 & Sidewalks. Location and width of roads or access ways.
Road and sidewalk construction details.
n. Scale. The Infrastructure Plan should be drawn to a scale not smaller
than one (1”) inch representing forty (40’) feet.
o. Screening. Location and type of landscaping, planting, fence, wall, 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. Swimming pools. Swimming pools require a building permit with
detailed plans and District Health Department approval.
s. Typical Space. Enlarged site plan of a typical Manufactured/Mobile
Home space, showing location of the pad, parking area, patio, storage
space, sidewalk, utility connections and landscaping.
t. Vicinity Map. Vicinity map showing relationship of
Manufactured/MobileHomeHousing Community to adjacent
properties including the names of the contiguous owners.
Page 55
u. Walkways. Location and width of walkways.
v. Water & Wastewater. Location and details of the proposed water and
wastewater systems for the manufactured/Mobile Home Community.
w. Water & SewerWastewater. Location and details of the proposed
water and wastewater systems for the Manufactured Home Community.
Water and Sewer Wastewater 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 water and sewer 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
shall be submitted with 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
Home Community purposes.
C. Final Approval. Final approval of said use shall be contingent upon the submission of
acceptable detailed Infrastructure Plans of the proposed
Manufactured/MobileHomeHousing Community development as required by the City
Development Code.
SECTION 66: Amendment “11.03.060 Access” of the Rexburg Development Code
is hereby amended as follows:
Amendment
11.3.60 Access
All public streets shall be constructed per current City Engineering Standards. Accesses shall
have the following minimum pavement widths if the streets are privately owned and
maintained:
A. Pavement Widths.
1. Public Street Access. A Manufactured/MobileHome Housing Community
shall not be established on any site that does not have access to a public street
on which the potential paving width is less than forthforty (40’) feet.
2. Entrance Street and collectors with guest/community parking on both sides shall
be no less than forty-four (44’) feet with curb and gutter.
3. Collector Streets.
a. Parking on 1 Side. Collector streets with 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
twenty-four (24’) feet.
4. Minor Street. Minor Streets with no parking shall be no less than twenty-four
(24’) feet
5. Cul-de-Sacs.
Page 56
a. Radius Minimums. Cul-de-sacs shall have a minimum radius of no
less than thirty-five (35’) feet with no parking and forty-five (45’) feet
with allowed parking and shall be no less than twenty-four (24’) feet
wide.
6. Roadway Surfacing. Roadways within access ways and sidewalks shall be
paved with a gravel base and asphaltic or concrete surfacing according to
structural specifications established by the City Engineer.
SECTION 67: Amendment “11.03.080 Electricity” of the Rexburg Development
Code is hereby amended as follows:
Amendment
11.3.80 Electricity
A. Compliance
1. All electrical must meet the Electrical Code as adopted by the City of
Rexburg. Idaho Electrical Code. All electrical conductors, wiring, and
equipment as it applies to Manufactured/Mobile Home Communities shall
comply with the current State of Idaho (Division of Building Safety) adopted
version of the National Electrical Code and the remaining portions of the
currently adopted National Electrical Code as it applies.
2. City Ordinances. All electrical conductors, wiring, and equipment within the
Manufactured/Mobile Home Community shall comply with the ordinances of
the City of Rexburg, Idaho.
B. Electrical Outlets. An electrical outlet supplying at least two-hundred (200) amps shall
be provided for each Manufactured/Mobile Home space. Such electrical outlets shall be
weatherproof.
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 Cabling. 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. All driveways, access ways, and walkways within the
Manufactured/MobileHomeHousing Community shall be lighted at night (from one
hour after sundown 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: Amendment “11.03.090 Improvement Requirements” of the Rexburg
Development Code is hereby amended as follows:
Amendment
11.3.90 Improvement Requirements(Reserved)
Page 57
A. Drainage Requirements. The Manufactured/Mobile Home Community shall be well
drained. Provisions for drainage shall be made in accordance with plans approved by
the City Engineer.
B. Mail Delivery Facilities. Each Manufactured/Mobile Home site shall be equipped with
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 wooded screens.
D. Patios and Decks. Patios may be paved with asphalt, concrete, or suitable hard surfaced
material or if decks are used, they shall be of durable, safe construction.
SECTION 69: Amendment “11.03.100 Land Area” of the Rexburg Development
Code is hereby amended as follows:
Amendment
11.03.100 Land Area
The minimum area of any Manufactured Housing Community is four (4) acres.
The minimum parcel of land to be used for Manufactured/Mobile Home Community purposes
shall contain not less than four (4) acres.
SECTION 70: Amendment “11.03.110 Recreation Area” of the Rexburg
Development Code is hereby amended as follows:
Amendment
11.3.110 Recreation Area
A minimum of eight (8%) percent of gross Manufactured/Mobile Home Housing Community
area shall be reserved for recreation.
A. Location. The recreation area may be in one (1) or more locations in the community.
B. Area. At 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: Amendment “11.03.120 Setbacks” of the Rexburg Development
Code is hereby amended as follows:
Amendment
11.3.120 Setbacks
Page 58
The following minimum yard requirements shall apply in a Manufactured Housing
Community:
A. Public Street Frontage. The Manufactured Housing Community shall have a minimum
front yard of at least twenty (20’) feet from right-of-way..
B. Side and Rear Yard. The minimum depth of a side and rear yard shall be fifteen (15’)
feet.
Manufactured Home Parks shall observe the following setbacks between
Manufactured/Mobile Home Stands and development boundary lines:
A. Residential or Agriculture. 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.
D.
SECTION 72: Amendment “11.03.130 Sign Regulations” of the Rexburg
Development Code is hereby amended as follows:
Amendment
11.03.130 Sign Regulations
(See section 3.5.)
In addition, aAdequate signs and marks indicating direction, community areas, recreation
areas, and street names shall be established and maintained in the Manufactured/Mobile Home
Housing Community.
SECTION 73: Amendment “11.03.140 Space Required Between
Manufactured/Mobile Homes” of the Rexburg Development Code is hereby amended as
follows:
Amendment
11.3.140 Space Required Between Manufactured/Mobile Homes Minimum
space requirements between Manufactured/Mobile Homes stands:
A. End to end, fourteen (14’) feet;
B. Side to side, twenty (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;
Page 59
D. Distance from the sidewalk to a home stand, five (5’) feet.
SECTION 74: Amendment “11.03.150 Walkways” of the Rexburg Development
Code is hereby amended as follows:
Amendment
11.3.150 Walkways
Walkways shall be provided from each Manufactured/Mobile Home space to the service
building and recreational area or areas, and from the patio to the access way.
A. Common. Common walkways shall have a minimum width of fivefour (54’) feet
B. Private. Private walkways shall have a minimum width of two (2’) feet.
SECTION 75: Amendment “11.04.010 Wastewater Management” of the Rexburg
Development Code is hereby amended as follows:
Amendment
11.4.10 Wastewater Management
Manufactured/Mobile Home Housing Community wastewater management systems shall be
connected to the city collection system and comply with State and Local plumbing laws and
regulations.
A. Connection. Each Manufactured/MobileHome Housing space shall be provided with
at least a four (4") inch sewer connection.
1. Fittings. The sewer connection shall be provided with suitable fittings so that a
watertight connection can be made between the Manufactured/Mobile Home
drain and sewer connection.
2. Closure. SuchEach individual Manufactured/Mobile Home connections shall
be so constructed that they can be closed when not connected to a
Manufactured/Mobile Home, and shall be trapped in such a manner as to
maintain them in an odor free condition.
B. Wastewater Metering System. Determination of the amount of wastewater discharged
to the city shall be determined by the average winter water usage as determined by the
facility water metering system.
SECTION 76: Amendment “11.03.070 Buffering” of the Rexburg Development
Code is hereby amended as follows:
Amendment
11.3.70 Buffering
Page 60
A sight-obscuring fence or wall of not less than six (6’) feet nor more than eight (8’) feet in
height, and and/or evergreen planting of not less than six (6’) feet in height, shall surround the
Manufactured Home Community.
A. Other considerations such as berms, deciduous bushes, or other landscaping options
may be allowed as approved by the City of Rexburg Design Review Committee. As
approved by Design Review Board.
SECTION 77: Amendment “11.04.020 Water Supply System” of the Rexburg
Development Code is hereby amended as follows:
Amendment
11.4.20 Water Supply System
An accessible, adequate, safe and potable central supply of water shall be provided in each
Manufactured/Mobile Home Housing Community.
A. Backflow. The water supply system shall be protected from back flow as required by
the city’s back flow protection ordinance.
1. The use of ordinary stop and waste valves where back flow can occur into the
potable water system are prohibited.
B. City Water. The proposed facility shall be connected to the city water system unless
special conditions granted by the city allow for a local community system.
C. Connections. Individual water service connections which are provided for direct use
by the Manufactured/Mobile Homes shall be so constructed that they will not be
damaged by the moving of the homes.
1. Isolated. Connections are to be constructed and isolated so that they will not
freeze if they are connected to a home or not.
D. Fire Protection. The water supply system shall be able to provide fire protection as
required by local codes and ordinances. Fire hydrants shall be located as required by
the Uniform Fire Code as adopted by the city.
E. Maintenance. The water system within the facility is to be maintained by the owner of
the facility and shall be operated in accordance with existing laws.
F. Meter. The water system for the Manufactured/MobileHome facilityHousing
Community shall be metered at the connection to the city system or as determined by the
City Engineering Department.
G. Piping. All water piping shall be constructed and maintained in accordance with State
and Local law.
H. Water Mains. The design and extension of water mains shall conform to existing city
requirements.
SECTION 78: Amendment “11.04.040 Refuse Containers” of the Rexburg
Development Code is hereby amended as follows:
Amendment
Page 61
11.4.40 Refuse Containers
All refuse shall be stored in fly tight, watertight, rodent proof containers which shall be located
not more than one hundred fifty (150') feet from Manufactured/Mobile Home space.
A. They shall be provided in sufficient number and capacity to prevent any refuse from
overflowing.
B. Dumpsters are to be enclosed as per the requirements of the City Development Code.
SECTION 79: Amendment “11.04.050 Fire Protection Requirements” of the
Rexburg Development Code is hereby amended as follows:
Amendment
11.4.50 Fire Protection Requirements
A. The community area shall be subject to the rules and regulations of the Rexburg City
Fire Department.
B. Manufactured/MobileHomeHousing Community areas shall be kept free of litter,
rubbish, and other flammable materials.
C. Fires shall be made only in stoves, incinerators and other equipment intended for such
purposes.
D. No open fires shall be permitted in any Manufactured/Mobile Home Housing community
in any place where the same shall endanger life or property.
SECTION 80: Amendment “11.04.060 Liquefied Petroleum Gas Restrictions” of the
Rexburg Development Code is hereby amended as follows:
Amendment
11.4.60 Liquefied Petroleum Gas Restrictions
Liquefied petroleum gas for cooking purposes shall not be used at individual home spaces
unless the containers are properly connected by copper or other suitable metallic tubing.
A. Liquefied petroleum gas cylinders shall be so fastened in place, and shall be adequately
protected from the weather.
B. No cylinder containing liquefied petroleum gas shall be located in a
Manufactured/Mobile Home nor within five (5’) feet of a door thereof.
SECTION 81: Amendment “C” of the Rexburg Development Code is hereby
amended as follows:
Amendment
C
Page 62
Cabana: A stationary, lightweight structure which may be prefabricated or demountable, with
two or more walls, used adjacently to and in conjunction with a manufactured/mobile home.
Campground: An area or tract of land on which accommodations for temporary occupancy
are located or may be located, including cabins, tents, and major recreational vehicles or
equipment, and which is used primarily for recreational purposes and retains an open air or
natural character. Carport: A stationary structure consisting of a roof with its supports and not
more than one wall used for sheltering a motor vehicle. Car Wash: An area of land and/or a
structure with a machine or hand-operated facility used principally for the cleaning, washing,
polishing, or waxing of motor vehicles. Child Care Facility: (See Daycare Centers.) City:
City of Rexburg City Clerk: The Clerk of the City City Engineer: An Idaho registered,
professional engineer designated by the City to represent the City’s engineering interests. City
Engineering Standards: Refers to the most recent City of Rexburg Engineering Standards
adopted by resolution of the City Council. City Engineering Standards may include standard
drawings, standard specifications, supplemental conditions, and any additions, amendments, or
addenda established by the City Engineer. (See City Engineering Standards.) City Impact
Area: That unincorporated area contiguous to the Rexburg City Limits officially adopted as
the “Area of CIty Impact.” City Staff: When the term Staff or City Staff are used in this
document the persons identified as such shall be the Zoning Administrator, the Public Works
Director, the City Engineer, the Economic Development Director, the GIS Director and the
City Attorney. Commercial Cluster, Substantial: A group of commercial businesses that
include a grocery store, restaurant, and bank as a minimum, along with other various retail and
services. The buildings that comprise the cluster shall be within a three (3) block area.
Commercial Structures, Large Scale: Structures that are twenty-five-thousand (25,000)
square feet in size and larger. This includes commercial retail and business office buildings.
Commission: The Rexburg City Planning and Zoning Commission hereinafter referred to as
Commission. Common Area: That area which is held in common ownership by owners of
land within the platted area. Comprehensive Plan: The Comprehensive Plan for the City of
Rexburg, or parts thereof, projecting future growth and development and for the general
location and coordination of streets and highways, schools and recreation areas, public
building sites and other facilities, which shall have been duly adopted. This plan shall comply
with the Idaho Code as adopted or amended. (See Comprehensive Plan.) Conditional
Approval: An affirmative action by the Commission indicating the approval is given subject
to certain specified stipulations. Conditional Use Permit: A special use permit as provided for
by Idaho Section 67-6512 in which a use that, owing to some special characteristics such as
traffic or noise generation, parking needs, access, building size, lighting, consistency with
developed uses in the area, or other characteristics of operation, is permitted in certain districts
subject to approval by the Planning and Zoning Commission or the City Council, subject to
terms and conditions, depending upon the particular use. Condominium: An estate consisting
of an individual interest in real property, associated with an undivided interest, held in common
with others, in a Common Area of real property. A multi-family dwelling where the units can
be sold individually, but the building/structure and common areas remain under a single
ownership. Convenience Store: Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with the same and having a
gross square floor area of less than five-thousand (5,000) square feet. Copy: Any combination
of letters or numbers that are intended to inform, direct or otherwise transmit information.
Council: The Rexburg City Council hereinafter referred to as the Council. County
Page 63
Commission: The Madison County Board of Commissioners. County Engineer: An Idaho
Registered Professional Engineer or consulting Engineering firm designated by the County
Commission to represent the County’s engineering interests.
SECTION 82: Amendment “F” of the Rexburg Development Code is hereby
amended as follows:
Amendment
F
F.A.A .: Federal Aviation Administration. Facade: Portions of a building that are visible from
private or public roads and walkways but not including alleys. Family: A group of one or more
persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided
that at least one of the following situations exist:
A. At least one of the group is related to all of the other members of the group within the
third degree of kinship;
B. The group is divisible into two subgroups, each composed of at least one person who is
related to all other members of the subgroup within the third degree of kinship; or
C. All such persons are handicapped persons as defined by the I.C. Section 67-6531 or in
Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act
Amendments of 1988, or any subsequent amendments to the foregoing regulations.
F.C.C .: Federal Communications Commission. Feedlot: Any area where one-thousand
(1,000) head or more of livestock are confined for a period of one (1) year or more.
Fence: Any tangible barrier, lattice work, screen, wall, hedge, or continuous growth of shrubs
or trees with the purpose of, or having the effect of preventing passage or view across the
fence line. Any fence, walk screen hedge or other material serving as a fence, shall not create a
sight distance hazard to vehicular or pedestrian traffic as determined by the Rexburg City
Engineer.
Fenestration: The arrangement of windows in a building to provide interior light; also used as
decorative elements in a facade.
Fire Station: A building or portion of a building that provides, at a minimum, all weather
protection for fire apparatus. Temperatures inside the building used for this purpose must be
maintained at above thirty-two (32°) degrees Fahrenheit.
Flagpole: a structure used for the sole purpose of displaying flags.
Flood Light: A lamp that produces up to one thousand, eight hundred (1,800) lumens and is
designed to flood a well-defined area with light. Flood Plain: Those areas designated as Zone
A or AE as shown on the current Flood Insurance Rate Map (FIRM) as prepared by National
Flood Insurance Program.
A. Area of Shallow Flooding: The base flood depths range from one to three (1-3) feet;
where a clearly defined channel does not exist and the path of flooding is
Page 64
unpredictable and indeterminate, and velocity flow may be evident. AO characterized
as sheet flow and AG indicates pounding on the FIRM map.
B. Area of Special Flood Hazard, Base Flood or 100-Year Flood: The land in the flood
plain within a community subject to a one (1%) percent or greater chance of flooding in
any given year. Designation on maps always includes the letter A.
C. Base Flood Elevation: (BFE)" the computed elevation to which flood water is
anticipated to rise during the “Base Flood.” The Base Flood Elevation (BFE) is depicted
on the FIRM to the nearest foot and in the FIS to the nearest 0.1 foot.
D. Channel: A natural or artificial watercourse of perceptible extent, with definite bed and
banks to confine and conduct continuously or periodically flowing water.
E. Flood: The temporary inundation of land by overflow from a river, stream, lake, or other
body of standing water. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters and/or
the unusual and rapid accumulation of runoff or surface waters from any source.
F. Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
G. Flood Insurance Study: The official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary Floodway Map, and the
water surface elevation of the base flood.
H. Floodway: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one (1’) foot at any point.
I. Floodway Fringe: The part of the flood plain which is beyond the flood way
encroachment lines limiting a designated flood way. Such areas will include those
portions of the flood plain which will be inundated but which may be developed for use
under land use regulations without material effect upon the flood water carrying capacity
of the flood way and the flood water levels. Such areas are characterized by shallow
flood depths and low velocities of water flow.
J. Flood Protection Elevation (FPE): As defined in Idaho Code §46-1021 (7), an
elevation that shall correspond to the elevation of the one percent (1%) percent chance
annual flood BFE, plus any increased flood elevation due to floodway encroachment,
plus any required freeboard. The flood protection elevation for Rexburg, Idaho is equal
to BFE plus one foot (1’) foot of freeboard; the freeboard accounts for any flood
elevation increases due to floodway encroachment as shown in the community’s Flood
Insurance Study.
Floor Area, Gross: The sum of the areas of all floors of a building, including any area used
for human occupancy in the basements and attics, as measured from the exterior faces of the
walls. Floor, Lowest: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non elevation design requirements of this Ordinance. Foot-candle (fc): The
American unit used to measure the total amount of light cast on a surface. For example, a full
moon produces 0.01 foot-candles. Foot-candles are measured with a light meter. Footprint:
The area covered by the enclosed area of the structure if perpendicular planes were extended
from all portions of the structure to the ground. Frontage: The length of any one property line
Page 65
of a premise, which property line abuts a legally accessible street right-of-way including streets
and alleys. To constitute frontage, the street or alley must provide access to abutting properties.
For purposes of determining yard requirements on corner lots, all sides of a lot adjacent to
streets shall be considered front yards and yards shall be provided as indicated under “yards” in
this definition section. Fully shielded: The luminaire and its mounting, taken as a whole,
allowing no direct light above the horizontal.
SECTION 83: Amendment “G-H” of the Rexburg Development Code is hereby
amended as follows:
Amendment
G-H
Grade: For purposes of defining building height, grade shall be defined as a referenced plain
representing the average of finished ground level adjoining the building at exterior walls.
Where the finished ground level slopes away from the exterior walls, the referenced plane shall
be established by the lowest points within the area between the building and the lot line or,
where the lot line is more than six (6’) feet from the building, between the building and a point
six (6’) feet from the building. For purposes of defining “sign height”, grade shall be defined as
the average elevation of the parcel on which the sign is located. Grandfathered Use: Any use
of a building, structure or land which does not conform to the zoning regulations where it is
located, but is determined to have existed legally at the point in time that it came into existence.
This usually occurs when such a use conformed to zoning regulations when it was established,
but became non-conforming due to a zoning change or annexation. This term does not apply to
basic health and safety criteria which a structure may need to meet to be current with existing
occupancy standards. (See section 3.3 Nonconforming Uses and Buildings.)
Group Home for the Handicapped: A dwelling shared by eight (8) or less handicapped
persons, including resident staff, who live together as a single housekeeping unit and in a long-
term, family-like environment. (See Idaho Code 65-6731.) Health Department: Refers to
District 7 Health Department, which is a State Agency, administered at the County level
responsible for certain reviews and approvals. Health/Recreation Facility: An indoor facility
including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna
and pro shop. Height (Building): The average vertical distance from the grade to the top of the
horizontal building walls, and does not include gables or dormers. Dormers and gables are
encouraged in order to create more architectural interest to a building. Height (of Light): The
height of a light shall be measured from grade to the lamp center or flat-lens surface, whichever
is lower. Height (Tower): When referring to a tower or like structure, the distance measured
from the finished grade of the parcel to the highest point on the tower or other structure,
including the base pad and any antenna. Height (Sign): The distance measured vertically from
the finished elevation of the ground where the sign is placed to the highest point of the sign or
sign structure, whichever is higher. Home Occupation: An accessory use of a dwelling unit or
the accessory building for gainful employment which is clearly incidental and subordinate to
the use of the dwelling unit as a residence. (See subsection 4.00.040.) Hospital: An institution
providing health service primarily for human in-patient medical or surgical care for the sick or
injured and including related facilities such as laboratories, out-patient departments, training
facilities, central service facilities, and staff offices that are an integral part of the facilities.
Page 66
Hotel: A facility offering transient lodging accommodations on a daily rate to the general
public. Additional services, such as restaurants, meeting rooms, and recreational facilities may
be provided. Household Pet: Small domesticated animals including fish or fowl permitted in
the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, bird/fowl,
reptiles. canaries, parrots, parakeets, or goldfish. Under no circumstance shall more than five
(5) mammals, birds fowl, or reptiles be allowed at one time, except that direct offspring shall be
allowed for up to three (3) months.
SECTION 84: Amendment “4.00.020 Permitted Accessory Uses” of the Rexburg
Development Code is hereby amended as follows:
Amendment
4.0.20 Permitted Accessory Uses
(See subsection 3.02.070.A.)
A. Accessory uses and structures are permitted in residential zones provided they are
incidental to, and do not substantially alter the character of, the permitted principal use
or structure. Such permitted accessory uses and structures include, but are not limited to
the following:
1. Accessory buildings such as greenhouses, gardening sheds, recreation rooms,
and similar structures.
2. Swimming pools.
3. Vegetable and flower gardens and noncommercial orchards.
4. Home Occupations subject to the regulations of subsection 4.00.040.
5. Household pets and/or domestic livestock are allowed, if yard space is adequate
for the quantity and the size of animals kept.
6.
Rear Yard. An accessory building or group of accessory buildings in any residential zone
shall not cover more than thirty (30%) percent of the rear yard.