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CITY OF REXBURG ORDINANCE NO. 1302
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 CHAPTER 2 DEFINITIONS – ADDED AND MODIFIED DEFINITIONS PERTAINING TO HOUSEHOLD PETS AND LIVESTOCK; 4.00.020 PERMITTED ACCESSORY USES; 4.00.040 HOME OCCUPATION REQUIREMENT EXCEPTIONS;
AMENDMENTS TO PERMITTED USES IN RR1, RR2, LDR1, LDR2, LDR3, MDR1, MDR2, HDR1 AND HDR2 ZONES (B) ANIMALS; 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 the primary 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 the State of Idaho, as follows:
SECTION 1: AMENDMENT “Definitions” of the Rexburg Development Code is hereby amended as follows:
Household Pet: Small domesticated animals permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, birds/fowl, and reptiles. Under no circumstances
shall more than five (5) mammals, birds, or reptiles be allowed at one time, except that direct offspring shall be allowed for up to three (3) months.
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.
SECTION 2: AMENDMENT “4.00.020 Permitted Accessory Uses” of the Rexburg Development Code is hereby amended as follows:
4.00.020 Permitted Accessory Uses
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.
B. 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.
SECTION 3: AMENDMENT “4.00.040 Home Occupation” of the Rexburg Development Code is hereby amended as follows:
4.00.040 Home Occupation
H. Home Business Requirements. Home businesses are required to have a Conditional Use Permit (CUP) and Business License. Home businesses must meet all of the requirements of the previous
Home Occupations subsection with the following exceptions:
All Home Business applications require a Conditional Use Permit (CUP).
Home businesses are allowed only in the following zones: Transitional Agriculture (TAG), Rural Residential 1 (RR1), Rural Residential 2 (RR2), Low Density Residential 1 (LDR1), Low Density
Residential 2 (LDR2), and Low Density Residential 3 (LDR3).
A home business may be allowed in up to twenty-five (25%) percent of the primary residence or one hundred (100%) percent of an accessory structure.
Up to four (4) non-related employees may be allowed.
SECTION 4: AMENDMENT “4.01.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.01.020 Permitted Uses Rural Residential 1 (RR1)
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.
Animals.
Household pets are allowed.
Domestic livestock are allowed (See subsection 4.00.020.A.5)
SECTION 5: ADOPTION “4.02.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.02.020 Permitted Uses Rural Residential 2 (RR2)
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.
Animals.
Household pets are allowed.
Domestic livestock are allowed (See subsection 4.00.020.A.5)
SECTION 6: 4.03.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.03.020 Permitted Uses Low Density Residential 1 (LDR1)
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.
Animals.
Household pets are allowed.
Domestic livestock are allowed. (See subsection 4.00.020.A.5)
SECTION 7: AMENDMENT “4.04.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.04.020 Permitted Uses Low Density Residential 2 (LDR2)
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.
Animals.
Household pets are allowed.
Domestic livestock are allowed. (See subsection 4.00.020.A.5)
SECTION 8: AMENDMENT “4.05.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.05.020 Permitted Uses Low Density Residential 3 (LDR3)
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.
Animals.
Household pets are allowed.
Domestic livestock are allowed. (See subsection 4.00.020.A.5)
SECTION 9: AMENDMENT “4.06.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.06.020 Permitted Uses Medium Density Residential 1 (MDR1)
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.
Animals.
Household pets are allowed.
SECTION 10: AMENDMENT “4.07.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.07.020 Permitted Uses Medium Density Residential 2 (MDR2)
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.
Animals.
Household pets are allowed.
SECTION 11: AMENDMENT “4.08.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.08.020 Permitted Uses High Density Residential 1 (HDR1)
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.
Animals.
Household pets are allowed.
SECTION 12: AMENDMENT “4.09.020 Permitted Uses” of the Rexburg Development Code is hereby amended as follows:
4.09.020 Permitted Uses High Density Residential 2 (HDR2)
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.
Animals.
Household pets are allowed.
SECTION 13: 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 of the existing Development Code in conflict with this proposed amendment is hereby repealed.
SECTION 14: SEVERABILITY CLAUSE The provisions of this Ordinance shall be deemed severable and a finding by a court of law that a provision of the Ordinance is unlawful shall have no
effect on the remaining provisions.
SECTION 15: EFFECTIVE DATE The City of Rexburg, Idaho City Council shall enact this Ordinance (#22-00299) amending Ordinance 1200 otherwise known as the Development Code of the City
of Rexburg, Idaho upon its passage, approval and publication; and shall be in full force and effect from August 16, 2023, and after the required approval and publication according to
law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this 16th day of August 2023.
___________________________
Jerry Merrill, Mayor
(SEAL)
ATTEST:
___________________________
Deborah Lovejoy, City Clerk
STATE OF IDAHO )
) ss.
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 CHAPTER 2 DEFINITIONS – ADDED AND MODIFIED DEFINITIONS PERTAINING TO HOUSEHOLD PETS AND LIVESTOCK; 4.00.020 PERMITTED
ACCESSORY USES; 4.00.040 HOME OCCUPATION REQUIREMENT EXCEPTIONS; AMENDMENTS TO PERMITTED USES IN RR1, RR2, LDR1, LDR2, LDR3, MDR1, MDR2, HDR1 AND HDR2 ZONES (B) ANIMALS; 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 16th day of August 2023.
_________________________________
Deborah Lovejoy, City Clerk
(SEAL)