HomeMy WebLinkAboutOrd No 1302 Dev Code Ord 1200 - Livestock Permitted ZonesInstrument # 458423
REXBURG, MADISON, IDAHO
9-18-2023 04:26:58 PM No. of Pages: 5
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Ofiicio Recorder Deputy
CITY OF REXBURG ORDINANCE NO. 1302
DEVELOPMENT CODE ORDINANCE 12oo 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 RRi, RR2, LDRi, 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 "4.00.04o Home
Occupation" of the Rexburg Development Code is hereby amended as
follows:
4.00.04o 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:
1. All Home Business applications require a Conditional Use Permit (CUP).
2. 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).
3. A home business may be allowed in up to twenty-five (25%) percent of the
primary residence or one hundred (t00%) percent of an accessory structure.
4. 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)
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 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)
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 4.00.02o.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(LDRi)
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.
i. Household pets are allowed.
2. 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)
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 4.00.02o.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)
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 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)
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 io: 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)
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 11: AMENDMENT "4.o8.020 Permitted Uses" of
the Rexburg Development Code is hereby amended as follows:
4.o8.020 Permitted Uses High Density Residential 1 (HDR1)
A. Permitted Accessory Uses. (See subsections 3.02.070.,
4.00.02o.) 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 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)
A. Permitted Accessory Uses. (See subsections,3.o2.070., 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 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 ofthe 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 theOrdinance 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 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 September 6, 2023, and after the required approval and
publication according to law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on
this 6th day of September 2023.
OF Rj�-
i ORPp �•:G�
_ / erry err114, MayorSEA
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ATTEST:
L A?Deborah Lovejoy, City Clerk U�_
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, LDRi, 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 6th
day of September 2023.
De orah Lovejoy, City Clerk