HomeMy WebLinkAboutOrd No 1298 Dev Code Amendment Ord 1200 06072023Instrument # "6685
REXBURG, MADISON, IDAHO
6-8-2023 01:15:49 PM No. of Pages: 28
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-ORicio Recorder Deputy
CITY OF REXBURG ORDINANCE NO. 1298
DEVELOPMENT CODE ORDINANCE 1200 AMENDMENTS
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE
(PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING
SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS; THE FOLLOWING
CHANGES HAVE BEEN MADE: AMENDMENTS TO CHAPTERS: 1.02.020
READY TEAM CLARIFICATION; CHAPTER 2 DEFINITIONS —
REMOVED AND MODIFIED DEFINITIONS PERTAINING TO
DWELLINGS AND MANUFACTURED HOUSING; 3.02.070 ACCESSORY
DISTANCES BETWEEN BUILDINGS; 3.02.100 SCREENING AND
LANDSCAPING BUFFERS; 3.02.110 FENCING REQUIREMENTS
ADMINISTRATIVE REVIEW AND APPROVAL; 3.02.170 SIDEWALKS IN
RESIDENTIAL ZONES; 3.02.175 FLAGPOLE REQUIREMENTS; 4.0
PERMITTED USED IN ALL RESIDENTIAL ZONES; 4.03 TO 4.08 ALL
LOT AREAS AND LOT CONFIGURATIONS; 5.02.020 PERMITTED USES
IN TRANS AG ZONE; 5.02.030 PERMITTED ACCESSORY IN TRANS AG
ZONE; 6.01.030 LOT AREA IN COMMUNITY BUSINESS CENTER ZONE;
7.00.050 BUILDING HEIGHT IN ALL INDUSTRIAL ZONES; 7.01.050 AND
7.02.050 YARD REQUIREMENTS IN LIGHT AND HEAVY INDUSTRIAL
ZONES; 9.01.040 REDUCTION IN PARKING FOR DORMITORY IN THE
PEDESTRIAN EMPHASIS DISTRICT OVERLAY; 10.03.010 PRE -
APPLICATION PROCESS FOR SUBDIVISIONS; 10.03.070 REQUEST FOR
MYLAR FOR SUBDIVISIONS; 10.6(A) SHORT PLAT CONDITIONS;
10.09.010 PLANNED UNIT DEVELOPMENT LOT DENSITY AND
DENSITY BONUSES; 11.01.020 DEFINITIONS FOR MANUFACTURED
HOMES; 11.2 MANUFACTURED HOME REQUIREMENTS; 11.3
MANUFACTURED HOUSING COMMUNITY; AND 11.4
MANUFACTURED HOUSING COMMUNITY HEALTH AND
SANITATION REQUIREMENTS; ADDITION OF 3.02.175 FLAG POLE
REQUIREMENTS; PROVIDING FOR VIOLATION OF THE PROVISIONS
OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE
ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE
ORDINANCE.
WHEREAS, The City of Rexburg is incorporated as an entity of the State of Idaho;
and
WHEREAS, the State of Idaho Statutes are used by the City of Rexburg
as theprimary source of code compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho State Code.
NOW THEREFORE, be it ordained by the Council of the City of
Rexburg, in theState of Idaho, as follows:
SECTION 1: AMENDMENT "1.02.020 Ready Team" of the Rexburg
Development Code is hereby amended as follows:
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 Ready Team for informal advice and direction. Such discussion shall be treated as
advisory by both parties.
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. Members. Members of the Ready Team shall be the Economic Developer, the
Zoning Administrator, Building Official, Fire Official, Legal Counsel, the City
Engineer, and others as requested.
C. It is recommended that the applicant discuss the application informally with the
Ready 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 "Definitions" of the Rexburg
Development Code is hereby amended as follows:
Condominium: A multi -family dwelling where the units can be sold individually, but
the building/structure and common areas remain under a single ownership.
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.)
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
drainpipes 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 projects except single-
family homes, duplexes and twin homes, storm water run-off calculations are required as per
the City Engineer
Duplex: (See Dwellings, Single family Attached).
Dwelling: A building or portion thereof that provides living facilities for one or more
families.
A. Multi -family Dwelling: A residential building containing three or more
dwelling units, where the building is owned by a single owner. This
includes what is commonly known as an apartment building or
condominium.
B. Single-family Dwelling: One or more rooms physically arranged 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.
a. Twin Home: 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.
Flagpole: A structure used for the sole purpose of displaying flags.
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 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: Donition Repealed
Mobile Home Subdivision: Definition Repealed
Modular Building: Definition Repealed
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. 394301).
Townhomes: (See Dwellings, Single family, Attached).
Twin Home: (See Dwellings, Single family, Attached).
SECTION 3: AMENDMENT "3.02.050 Clear View of
Intersecting Streets; Sight Triangle" of the Rexburg Development Code is hereby
amended as follows:
3.02.050 Clear View of Intersecting Streets; Sight Triangle
To ensure reasonable visibility and safety in residential zones and other zones which
require buildings to be set back from the 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 4e ninon.)
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.
SECTION 5: REPEAL "3.02.060 Distance Between Buildings" of
the Rexburg Development Code is hereby repealed.
SECTION 7: AMENDMENT "3.02.070 Accessory" of the RexburgDevelopment
Code is hereby amended as follows:
3.02.070 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:
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. 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 Building Codes adopted by the City of Rexburg.
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.
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.
(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 five (5') 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.
SECTION 8: AMENDMENT "3.02.100 Screening and
Landscaping" of the Rexburg Development Code is hereby amended as follows:
3.02.100 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 (T) 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 tree and five (5) shrubs, per thirty (30') lineal feet. (For
commercial see subsection 3.04.060.5.c.)
SECTION 9: AMENDMENT "3.02.110 Fencing Requirements"
of the Rexburg Development Code is hereby amended as follows:
3.02.110 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 SigbtTriangle definition in Cbatter2)
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 Administrator.
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.
(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 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.
2. Building Permit. Fences over seven (T) feet in height must obtain a
building permit. Administrative approval shall be required.
G. 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.
H. 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.)
I. 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.
J. Pedestrian Gates. Pedestrian access gates shall swing inward when
adjacent to a public sidewalk. (See subsection 3.02.170.)
K. Fence Adjacent to Public Sidewalk. (See subsection 3.02.170.B.)
L. 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 10: AMENDMENT "3.02.130 Project Plan Approval" of the
Rexburg Development Code is hereby amended as follows:
3.02.130 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 11: AMENDMENT "3.02.170 Sidewalks" of
the Rexburg Development Code is hereby amended as follows:
3.02.170 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 A4pendix. B.)
1. Exempt in Transitional Agriculture (TAG) and Rural Residential 1 (R]
B. When a fence is placed adjacent to a public sidewalk in residential zones and
driveway access exists, a one (1') foot landscape strip shall be maintained
between the standard sidewalk and the fence.
1. Exempt in Mixed Use (MLI).
SECTION 12: ADOPTION "3.02.175 Flag Poles" of the
Rexburg Development Code is hereby added as follows:
3.02.175 Flag Poles (Added)
A. Flag poles that serve a non -advertising purpose are permitted, provided they
erected without creating any safety issues.
1. Residential. The flagpole shall not exceed the maximum allowed
building height in the residential zone.
2. Commercial. The flagpole shall not exceed eighty (80') feet.
SECTION 13: AMENDMENT "4.01.020 Permitted Uses"
of the Rexburg Development Code is hereby amended as follows:
4.01.020 Permitted Uses
Permitted Principal Uses. The following principal uses and structures indicated as'
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
Residential
Accessory Apartment
CU P
Accessory Building
P
Single-family Dwelling, Detached
P
Group Housing
Boarding Houses (Short-term Rental) (See subsection
3.02.160.)
P
Assisted and Residential Care Facility
CU P
Care Facilities
CU P
Day Care Centers
Group Home (Disabled & Elderly; under 8
P
residents
Place of Worship
Churches, Synagogues and Temples
CUP
I
Nursery Schools
CU P
Schools, public or
CU P
private
Schools
Ice Skating
CU P
Parks and Playgrounds, Skate Parks
CU P
Outdoor Recreation
Pools
CU P
CU P
i
Tennis Courts
I
Accessory Home Business (See subsection 4.00.040.)
Cu P
'
Services
Accessory Home Occupation (See subsection
P
4.00.040.
CU P
Cemeteries
Communications
Cu P
Utilities
Electricity Regulating Substations
CU P
CU P
Utility and Public Facilities
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
SECTION 14: ADOPTION "4.02.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
4.02.020 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" mai
be permitted in the RR2 zone only after a Conditional Use Permit has been approved, a
subject to the terms and conditions thereof.
RURAL.
RESIDENTIAL 2
Accessory Apartment
CUP
Accessory
Accessory Building
P
Detached Non -family Accessory Apartment for Profit
CUP
Single-family Dwelling, Detached
P
Residential
Group Housing
Boarding Houses (Short-term Rental)
(See subsection 3.02.160.)
P
Assisted and Residential Care Facility
CUP
Care Facilities
Day Care Centers
CUP
Group Home (Disabled & Elderly; under 8 residents)
P
Place of Worship
Churches, Synagogues and Temples
CUP
Schools,
public or
Nursery Schools
CUP
private
Schools
CUP
Ice Skating
CUP
Parks and Playgrounds, Skate Parks
CUP
Outdoor Recreation
Pools
CUP
Tennis Courts
CUP
Accessory Home Business (See subsection 4.00.040.)
CUP
Services
Accessory Home Occupation
(See subsection 4.00.040.)
P
Cemeteries
CUP
Utilities
Communications
CUP
Electricity Regulating Substations
CUP
Utility and Public Facilities
CUP
A. Permitted & Conditional Accessory Uses. (See subsections 3.02.070., 4.00.
Accessory uses and structures are permitted provided they are incidental to,
do not substantially alter the character of, the permitted principal use or
structure.
B. Animals. Only household pets are permitted.
SECTION 15: 4.03.020 Permitted Uses" of the Rexburg
Development Code is hereby amended as follows:
4.03.020 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"
be permitted in the LDR1 zone only after a Conditional Use Permit has been appr,
and subiect to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 1
Residential
Single-family Dwelling, Detached
P
Accessory
Accessory Building
P
Group Housing
Boarding Houses (Short-term Rental) (See subsection
P
3.02.160.)
Group Home (Disabled & Elderly; under 8 residents)
P
Care Facilities
Day Care Centers
CUP
Hospitals
CUP
Place of Worship
Churches, Synagogues and Temples
CUP
Schools,
Schools
CUP
public or
private
CUP
Nursery Schools
Athletic Fields
CUP
Golf Courses
CUP
Outdoor
Parks and Playgrounds, Skate Parks
CUP
i
Recreation
Recreation Centers
CUP
Accessory Home Business (See subsection 4.00.040.)
CUP
Services
�
Accessory Home Occupation (See subsection 4.00.040.)
P
CUP
Communications
Utilities
Electricity Regulating Substations
CUP
Utility and Public Facilities
CUP
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. Only household pets are permitted.
SECTION 16: REPEAL "4.03.030 Lot Area" of the Rexburg
Development Code is hereby repealed
SECTION 17: AMENDMENT "4.03.070 Lot Configuration And
Density" of the Rexburg Development Code is hereby amended as follows:
4.03.070 Lot Configuration And Density
A. Not more than one (1) single-family dwelling shall be placed on a lot or parcel
land in the LDR1 zone.
B. The maximum density is four (4) dwelling units per one (1) acre.
1. Consolidation of density may be achieved through an approved Plani
Unit Development or with designated open -space areas.
SECTION 18: AMENDMENT "4.04.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
4.04.020 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" ma
be permitted in the LDR2 zone only after a Conditional Use Permit has been approved,
and subject to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 2
Ingle -family Dwelling, Attached (except
P
Residential
ownhomes
Ingle -family Dwelling, Detached
P
Accessory
Accessory Building
P
Group Housing
Boarding Houses (Short-term Rental) (See subsection
P
3.02.160.)
Assisted and Residential Care Facility
CUP
Care Facilities
Day Care Centers
CUP
Group Home (Disabled & Elderly; under 8 residents)
P
Hospitals
CUP
Place of Worship
Churches, Synagogues and Temples
CLIP
Nursery Schools
CUP
Schools,
Schools
CUP
public or
private
Athletic Fields
CUP
Golf Courses (w/Country Club)
CUP
Ice Skating
CUP
Outdoor Recreation
Parks and Playgrounds, Skate Parks
CUP
Pools (Stand -Alone)
CUP
Recreation Centers
CUP
CUP
Tennis Courts
CUP
Accessory Home Business (See subsection 4.00.040.)
Accessory Home Occupation (See subsection 4.00.040.) P
Services I CUP
Cemeteries
Utilities
Libraries I CUP
Communications I CUP
Electricity Regulation Substations I
CUP
Utility and Public Facilities I
CUP
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. Only household pets are permitted.
SECTION 19: REPEAL "4.04.030 Lot Area" of the Rexburg
Development Code is hereby repealed.
SECTION 20: AMENDMENT "4.04.070 Lot Configuration
Density" of the Rexburg Development Code is hereby amended as follows:
4.04.070 Lot Configuration and Density
A. The maximum density is six (6) dwelling units per one (1) acre.
1. Consolidation of density may be achieved through an approved
Unit Development or with designated open -space areas.
SECTION 21: AMENDMENT "4.05.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
4.05.020 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" ma
be permitted in the LDR3 zone only after a Conditional Use Permit has been approve,
and subject to the terms and conditions thereof.
LOW DENSITY RESIDENTIAL 3
Manufactured Housing Communities
CUP
Residential
Single-family Dwelling, Detached
P
Single-family Dwelling, Attached
P
Accessory
Accessory Building
P
Group Housing
Boarding Houses (Short-term Rental) (See subsection
P
3.02.1 G0.)
Assisted and Residential Care Facility
CLIP
Care Facilities
Day Care Centers
CUP
Group Home (Disabled & Elderly; under 8 residents)
P
Hospitals
CL P
Place of Worship
Churches, Synagogues and Temples
CUP
Nursery Schools
CUP
Schools,
public or
CUP
private
Schools
Athletic Fields
CUP
Golf Courses (w/Country Club)
CUP
Ice Skating
CUP
Outdoor
Recreation
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
Services
CUP
Cemeteries
Libraries
CUP
CUP
Communications
Utilities
Electricity Regulating Substations
CUP
Utility and Public Facilities
CUP
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. Only household pets are permitted.
SECTION 22: REPEAL "4.05.030 Lot Area" of the Rexburg
Development Code is hereby repealed.
SECTION 23: AMENDMENT "4.05.070 Lot Configuration
Density" of the Rexburg Development Code is hereby amended as follows:
4.05.070 Lot Configuration and Density
A. The maximum density is ten (10) dwelling units per one (1) acre.
1. Consolidation of density may be achieved through an approved Planned
Unit Development or designated open -space areas.
SECTION 24: AMENDMENT "4.06.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
4.06.020 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.
MEDIUM DENSITY RESIDENTIAL 1
Residential
Single-family Dwelling, Attached (3 or more units)
P
Accessory
Accessory Building
P
Bed and Breakfast Inn (Short-term Rental) (See subsection
p
3.02.160
Boarding Houses (Short-term Rental) (See subsection
P
3.02.160.
Dormitory, Fraternity, Sorority
CUP
Group Housing
Multi -Family Dwellings
P
Short -Term Rental (See subsection 3.02.160)
p
Assisted and Residential Care Facility
CUP
Day Care Centers
P
Group Home (Disabled & Elderly; under 8 residents)
P
Care Facilities
Hospitals
CUP
CUP
Residential Facility for Elderly Persons (greater than 8
residents
Place of
Worship
Churches, Synagogues and Temples
CUP
Nursery Schools
P
Schools, public
CUP
or private
Schools
CUP
Athletic Fields
CUP
Golf Courses (w/Country Club)
CUP
Ice Skating
CUP
Parks and Playgrounds, Skate Parks
Outdoor
Recreation
Pools
CUP
CUP
Recreation Centers
CUP
Tennis Courts
CUP
Accessory Home Business (See subsection 4.00.040.)
Accessory Home Occupation (See subsection 4.00.040.)
P
CUP
Services
Cemeteries
CUP
Libraries
CUP
Transportation
Automobile Parking Lots and Garages (Separate)
CUP
Communications
CUP
Electricity Regulating Substations
Utilities
CUP
Utility and Public Facilities
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. Only household pets are permitted.
SECTION 25: REPEAL "4.06.030 Lot Area" of the Rexburg
Development Code is hereby repealed.
SECTION 26: AMENDMENT "4.06.070 Lot Configuration and
Density" of the Rexburg Development Code is hereby amended as follows:
4.06.070 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 Planned Unit
Development (PUD) or designated open -space areas.
SECTION 27: AMENDMENT "4.07.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
4.07.020 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.
MEDIUM DENSITY RESIDENTIAL 2
Residential
Single-family Dwelling, Attached (3 or more units)
P
Accessory
Accessory Building
P
Bed and Breakfast Inn (Short-term Rental) (See
P
subsection 3.02.160
Boarding Houses (Short-term Rental) (Short-term
P
Rental) (See subsection 3.02.160)
Dormitory, Fraternity, Sorority (up to 10
CUP
Group Housing
units /buildin
Multi -Family Dwellings
P
Short -Term Rentals (See subsection 3.02.160)
p
Assisted and Residential Care Facility
CUP
Day Care Centers
P
Care Facilities
Group Home (Disabled & Elderly; under 8 residents)
p
Hospitals
CUP
Residential Facility for Elderly Persons (greater than 8
CUP
residents
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or
Nursery Schools
P
private
p
Schools
CUP
Athletic Fields
CUP
Golf Courses (w/Country Club)
CUP
Ice Skating
CUP
Parks and Playgrounds, Skate Parks
CUP
Outdoor
Pools
CUP
Recreation
Recreation Centers
CUP
Tennis Courts
CUP
Accessory Home Business (See subsection 4.00.040.)
CLT
Accessory Home Occupation (See subsection 4.00.040.)
P
Services
Cemeteries
CUP
Libraries
CUP
Transportation
Automobile Parking Lots and Garages (Separate)
CUP
Communications
CLT
Utilities
Electricity Regulating Substations
� g
CUP
Utility and Public Facilities
CUP
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. Only household pets are permitted.
SECTION 28: REPEAL "4.07.0 30 Lot Area" of the Rexburg
Development Code is hereby repealed.
SECTION 29: AMENDMENT "4.07.070 Lot Configuration and
Density" of the Rexburg Development Code is hereby amended as follows:
4.07.070 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.
SECTION 30: AMENDMENT "4.08.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
4.08.020 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.
HIGH DENSITY RESIDENTIAL 1
Accessory
Accessory Building
P
Bed and Breakfast Inn (Short-term Rental) (See
subsection 3.02.160)
I'
Boarding Houses (Short-term Rental) (See subsection
P
Group Housing
3.02.160
Dormitory, Fraternity, Sorority
CUP
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
Care Facilities
Hospitals
CUP
Residential Facility for Elderly Persons
P
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public or
private
Nursery Schools
p
Schools
CUP
Athletic Fields
CUP
Golf Courses (w/Country Club)
CUP
Ice Skating
CUP
Parks and Playgrounds, Skate Parks
CUP
Outdoor
Recreation
Pools
CUP
Recreation Centers
CUP
Tennis Courts
CUP
Accessory Home Occupation (See subsection 4.00.040.)
P
Accessory Home Business (See subsection 4.00.040.)
CUP
Cemeteries
CUP
Services
Libraries
CUP
Automobile Parking Lots and Garages
CUP
Transportation
Automobile Parking Lots and Garages (Separate)
CUP
Communications
CUP
Utilities
Electricity Regulating Substations
� g
CUP
Utility and Public Facilities
CUP
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. Only household pets are permitted.
SECTION 31: REPEAL "4.08.030 Lot Area" of the Rexburg
Development Code is hereby repealed.
SECTION 32: AMENDMENT "4.08.070 Lot Configuration and
Density" of the Rexburg Development Code is hereby amended as follows:
4.08.070 Lot Configuration and Density
A. The maximum density is thirty (30) dwelling units per one (1) 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.)
SECTION 33: AMENDMENT "4.09.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
4.09.020 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 suhiect to the terms and conditions thereof.
HIGH DENSITY RESIDENTIAL 2
Accessory
Accessory Building
P
Bed and Breakfast Inn (Short-term Rental) Bed (See
subsection 3.02.160
p
Boarding Houses (Short-term Rental) (See subsection
P
3.02.160
Group Housing
Dormitory, Fraternity, Sorority
CUP
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
Care Facilities
Hospitals
CUP
Residential Facility for Elderly Persons
P
Place of Worship
Churches, Synagogues and Temples
CUP
Schools, public
Nursery Schools
P
Schools
CUP
or private
Athletic Fields
CUP
Golf Courses (w/Country Club)
CUP
Ice Skating
CUP
Outdoor
Recreation
Parks and Playgrounds, Skate Parks
CUP
Pools
CUP
Recreation Centers
CUP
CUP
Tennis Courts
Accessory Home Occupation (See subsection 4.00.040.)
P
Accessory Home Business (See subsection 4.00.040.)
CUP
Cemeteries
CUP
Services
CUP
Libraries
Automobile Parking Lots and Garages
CUP
Separate Parking Lots
CUP
Transportation
CUP
Communications
Utilities
Electricity Regulating Substations
CUP
CUP
Utility and Public Facilities
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. Only household pets are permitted.
SECTION 34: REPEAL "4.09.030 Lot Area" of the Rexburg
Development Code is hereby repealed.
SECTION 35: AMENDMENT "4.09.070 Lot Configuration and
Density" of the Rexburg Development Code is hereby amended as follows:
4.09.070 Lot Configuration and Density
A. The maximum density is forty-two (42) units per one (1) 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:
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
Single-family Dwelling
P
Group Housing
Boarding Houses (See subsection 3.02.160.)
P
Care Facilities
Group Home (Disabled & Elderly; under 8
residents)
P
Hospitals
CUP
Places of Worship
Churches, Synagogues and Temples
CUP
Recreation
Public buildings
CUP
Stadiums, arenas, field houses
CUP
Schools, public or
private
Schools
CUP
Services
Accessory Home Business (See subsection 4.00.040.)
CUP
Accessory Home Occupation (See subsection 4.00.040.)
P
Airports
CUP
Animal Veterinarian Services (inside only)
CUP
Cemeteries
CUP
Commercial Kennels
CUP
Utilities
Broadcasting Towers
CUP
SECTION 37: AMENDMENT "5.02.030 Permitted Accessory Uses"
of the Rexburg Development Code is hereby amended as follows:
5.02.030 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:
6.01.030 Lot Area
A. The minimum area of any new subdivision 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. 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:
6.02.030 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.
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:
7.00.050 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 as adopted by the City of Rexburg, and shall not exceed fifty-five (55D feet
in maximum height.
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:
7.01.050 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. 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:
7.02.050 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 Zoning
Administrator to protect adjacent properties against the undesirable
characteristics of a particular use; or as required by the Building Code adopted
by the City of Rexburg.
1. Side & Rear Yard Accessory Building. (See subsection 7.00.030.)
C. Rear Yard. Where the rear property line abuts a commercial zone, the rear yard
shall be the same as that required by the adjacent zone, or as determined by
the 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:
9.01.040 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 and subject to the following
requirements and provisions:
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 landowner but may in some cases be reduced to as little as
seventy-five (75%) percent, including other parking that is required for guests
and management.
, Dormitory
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 including other parking that is required for guests and 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. )
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.
SECTION 44: REPEAL "9.03.020 Definitions" of the Rexburg
Development Code is hereby repealed
SECTION 45: AMENDMENT "10.01.030 Jurisdictions" of the
Rexburg Development Code is hereby amended as follows:
10.01.030 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.
SECTION 46: AMENDMENT "10.03.010 Pre -Application" of the
Rexburg Development Code is hereby amended as follows:
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 Ready
Team. The Ready Team will communicate any pertinent information to the Applicant.
(See subsection 1.02.020.
SECTION 47: ADOPTION "10.03.120 Plat Amendment (Reserved)"
of the Rexburg Development Code is hereby added as follows:
10.03.120 Plat Amendment (Reserved) (Added)
SECTION 48: AMENDMENT "10.6 Short Plat" of the
Rexburg Development Code is hereby amended as follows:
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:
l . The proposed subdivision divides a single lot into three (3) buildable
lots and does not exceed five (5) buildable lots.
2. Public improvements, street widening, or infrastructure
improvements have been approved by the City Engineer
3. No impacts on the health, safety or general welfare of the City of Rexburg
4. The subdivision is in the best interest of the City of Rexburg
SECTION 49: AMENDMENT "10.09.010 PUD Lot Density" of the
Rexburg Development Code is hereby amended as follows:
Lot Density
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:
Zong.
Lot Area per Dwelling
LDRI
1 Unit per 10,890
square feet
LDR2
1 Unit per 7,260 square feet
LDR3
1 Unit per 4,356 square feet
MDRI
1 Unit per 2,723 square feet
MDR2
I Unit per 2,178 square feet
SECTION 50: AMENDMENT "10.09.010 PUD Density
Bonuses" of the Rexburg Development Code is hereby amended as follows:
Density Bonuses
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
4 Units/NDA
5 Units/NDA
LDR2
6 Units/NDA
8 Units/NDA
LDR3
10 Units/NDA
13 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's 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 .01 = 0.75 additional units per
acre. 0.75 + 4(base density) = 4.75 maximum units per acre for the
development.)
b. The density coefficient for each underlying zone and the total
amount of points needed for the maximum density are listed
below:
Zone
Density Coefficient
Maximum Density Points
LDR1
0.01
100
LDR2
0.02
100
LDR3
0.03
100
MDR1
0.06
100
MDR2
0.06
100
SECTION 51: AMENDMENT "CHAPTER 11
MANUFACTURED/MOBILE HOMES" of the Rexburg Development Code is hereby
amended as follows:
CHAPTER 11 MANUFACTURED HOMES — All references to
Manufactured/Mobile Homes shall be referred to as Manufactured Homes.
SECTION 52: AMENDMENT "11.01.020 Definitions" of the
Rexburg Development Code is hereby amended as follows:
11.01.020 Definitions
Redirecting all Definitions to be found in Chapter 2 of the Rexburg Development
Code.
SECTION 53: AMENDMENT "11.02.010 New Manufactured
Housing Units" of the Rexburg Development Code is hereby amended as follows:
11.02.010 New Manufactured Housing Units
A. New Manufactured Home Conditions.
1. 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.
2. 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
panel.
SECTION 54: AMENDMENT "11.02.030 Wheels" of the
Rexburg Development Code is hereby amended as follows:
11.02.030 Wheels
Removing the wheels of a Manufactured Home or setting the Manufactured Home on
posts or footings shall not make the Manufactured Home exempt from the requirements of
this Chapter.
A. Mobilize. The wheels of the Manufactured Home may be removed, but
axles, springs and other equipment needed to mobilize must remain.
SECTION 55: AMENDMENT "11.02.040 Location" of the
Rexburg Development Code is hereby amended as follows:
11.02.040 Location
A. Manufactured housing units are only permitted in Manufactured
Housing Communities with a Conditional Use Permit (CUP) in
LDR3.
B. Industrial Zones. Manufactured 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.
SECTION 56: AMENDMENT "11.3 MANUFACTURED/MOBILE
HOME COMMUNITY" of the Rexburg Development Code is hereby amended as follows:
11.3 MANUFACTURED HOUSING COMMUNITY -All references to
Manufactured/Mobile Home Community shall be referred as a Manufactured Housing
Community.
SECTION 57: AMENDMENT "11.03.030 Density
Requirements" of the Rexburg Development Code is hereby amended as follows:
11.03.030 Density Requirements
In no event shall the density exceed ten (10) manufactured homes per gross acre.
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 58: AMENDMENT "11.03.050 Conditional Use
Permit" of the Rexburg Development Code is hereby amended as follows:
11.03.050 Conditional Use Permit
A. Application Submittal.
1. Application. Applicant shall fill out an application for a
Conditional Use Permit to construct a new Manufactured Housing
Community or to expand an existing Manufactured Housing
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:
w. Water & Wastewater. Location and details of the proposed
water and wastewater systems for the Manufactured Home
Community. Water and 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.
Repealed A(4) Maintenance procedures.
Repealed B. Commission Hearing.
SECTION 59: AMENDMENT "11.03.080 Electricity" of the
Rexburg Development Code is hereby amended as follows:
11.03.80 Electricity
A. Compliance
1. All electrical must meet the Electrical Code as adopted by the
City of Rexburg.
B. Lights. All driveways, access ways, and walkways within the Manufactured Housing
Community shall be lighted at night (from one hour after sundown to one hour
before sunup), each spaced at intervals of not more than one -hundred (100') feet.
SECTION 60: AMENDMENT "11.03.090 Improvement Requirements" of
the Rexburg Development Code is hereby amended as follows:
11.03.090 Improvement Requirements (Reserved)
SECTION 61: AMENDMENT "11.03.100 Land Area" of the
Rexburg Development Code is hereby amended as follows:
11.03.100 Land Area
The minimum area of any Manufactured Housing Community is four (4) acres.
SECTION 62: AMENDMENT "11.03.120 Setbacks" of the
Rexburg Development Code is hereby amended as follows:
11.03.120 Setbacks
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.
SECTION 63: AMENDMENT "11.03.150 Walkways" of the
Rexburg Development Code is hereby amended as follows:
11.03.150 Walkways
Walkways shall be provided from each Manufactured 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 five (5') feet
B. Private. Private walkways shall have a minimum width of two (2') feet.
SECTION 64: AMENDMENT "11.03.070 Buffering" of the
Rexburg Development Code is hereby amended as follows:
11.03.070 Buffering
A sight -obscuring fence or wall of not less than six (6') feet nor more than eight (8')
feet in height, 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.
SECTION 65: REPEALER CLAUSE Providing for other substantive and
non -substantive changes in the Development Code as recommended and approved by
the Planning and Zoning Commission of the City of Rexburg, Idaho. Furthermore, any
portion ofthe existing Development Code in conflict with this proposed amendment is
hereby repealed.
SECTION 66: SEVERABILITY CLAUSE The provisions of this
Ordinance shall be deemed severable and a finding by a court of law that a provision
of theOrdinance is unlawful shall have no effect on the remaining provisions.
SECTION 67: EFFECTIVE DATE The City of Rexburg, Idaho City
Council shall enact this Ordinance (#22-00299) amending Ordinance 1200 otherwise
knownas the Development Code of the City of Rexburg, Idaho upon its passage,
approval and publication; and shall be in full force and effect from June 7, 2023, and
after the required approval and publication according to law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on
this 7th day of June 2023.
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Deborah Lovejoy, City C r
STATE OF IDAHO)
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County of Madison)
I, DEBORAH LOVEJOY, City Clerk of the City of Rexburg, Idaho, do hereby
certify: That the above and foregoing is a full, true and correct copy of the
Ordinance Entitled:
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT
CODE (PLANNING AND ZONING ORDINANCE NO. 1200)
CONCERNING SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS; THE
FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO
CHAPTERS: 1.02.020 READY TEAM CLARIFICATION; CHAPTER 2
DEFINITIONS — REMOVED AND MODIFIED DEFINITIONS
PERTAINING TO DWELLINGS AND MANUFACTURED HOUSING;
3.02.070 ACCESSORY DISTANCES BETWEEN BUILDINGS; 3.02.100
SCREENING AND LANDSCAPING BUFFERS; 3.02.110 FENCING
REQUIREMENTS ADMINISTRATIVE REVIEW AND APPROVAL;
3.02.170 SIDEWALKS IN RESIDENTIAL ZONES; 3.02.175 FLAGPOLE
REQUIREMENTS; 4.0 PERMITTED USED IN ALL RESIDENTIAL
ZONES; 4.03 TO 4.08 ALL LOT AREAS AND LOT CONFIGURATIONS;
5.02.020 PERMITTED USES IN TRANS AG ZONE; 5.02.030 PERMITTED
ACCESSORY IN TRANS AG ZONE; 6.01.030 LOT AREA IN COMMUNITY
BUSINESS CENTER ZONE; 7.00.050 BUILDING HEIGHT IN ALL
INDUSTRIAL ZONES; 7.01.050 AND 7.02.050 YARD REQUIREMENTS IN
LIGHT AND HEAVY INDUSTRIAL ZONES; 9.01.040 REDUCTION IN
PARKING FOR DORMITORY IN THE PEDESTRIAN EMPHASIS
DISTRICT OVERLAY; 10.03.010 PRE -APPLICATION PROCESS FOR
SUBDIVISIONS; 10.03.070 REQUEST FOR MYLAR FOR SUBDIVISIONS;
10.6(A) SHORT PLAT CONDITIONS; 10.09.010 PLANNED UNIT
DEVELOPMENT LOT DENSITY AND DENSITY BONUSES; 11.01.020
DEFINITIONS FOR MANUFACTURED HOMES; 11.2 MANUFACTURED
HOME REQUIREMENTS; 11.3 MANUFACTURED HOUSING
COMMUNITY; AND 11.4 MANUFACTURED HOUSING COMMUNITY
HEALTH AND SANITATION REQUIREMENTS; ADDITION OF 3.02.175
FLAG POLE REQUIREMENTS; PROVIDING FOR VIOLATION OF THE
PROVISIONS OF THE ORDINANCE; PROVIDING FOR
ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE
EFFECTIVE DATE OF THE ORDINANCE.
PASSED BY THE CITY COCUNCIL AND APPROVED BY THE MAYOR this 7`h
day of June 2023.
Deborah Lovejoy, City e
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