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CIT Y OF R EX BU RG
OR D INA NC E RE N TA LS - A U GU ST 2023
N OW THER EFORE , be it ordained by the C ouncil of the City of Rexburg, in the
State of Idaho, as follow s:
SECTION 1: A MEND MEN T “A ” of the R exburg Development Code is
hereby am ended as follows:
A M E N D M E N T
A
For the purpose of this Ordinance, the follow ing words or phrases shall have the meaning
respectively ascribed to them herein. A bandonment: To cease or discontinue a use or activity
w ithout intent to resume, but excluding temporary or short-term interruptions to a use or
activity during periods of remodeling, maintaining, or otherwise improving a facility, or during
periods of vacation or seasonal closure. Such interruptions shall not exceed tw elve (12) months
in duration unless otherwise provided for in this O rdinance.
A ccessory D welling U nit: (see Dw elling Unit, Accessory)
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A ccessory Structure: A non-occupied subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental and ornamental to that of the
principal structure. A ccessory U se: A use incidental to, and on the same parcel as, a principal
use. A ccess Way: A n unobstructed way of specified w idth containing a drive or roadw ay
w hich provides vehicular access. Agriculture: For land designated as agriculture use,
agriculture shall be the primary use of the parcel. To determine primary use, the use of land
parcel shall be clearly for tilling of soil, horticulture, floriculture, forestry, viticulture, raising
crops, raising livestock, farming, dairying, and animal husbandry, including uses customarily
accessory and incidental thereto, but excluding slaughter houses and commercial feed lots.
Land shall not be defined as exclusively agricultural in use when determined to be a land
development program w here subdivision of land is evident for suburban residential
development lifestyle and purposes. A lternative tower structure: Man-made trees, clock
towers, bell steeples, light poles and similar alternative-design mounting structures that
camouflage or conceal the presence of antennas or tow ers. Amusement A rcades: A building
or part of a building in w hich five (5) or more pinball machines, video games, or other similar
player-oriented amusement devices are maintained. A ntenna: A ny exterior transmitting or
receiving device mounted on a tow er, building or structure and used in communications that
radiate or capture electromagnetic w aves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or other communication signals.
A ppeal: Appeal means a request for review of the Zoning Administrator ’s interpretation of
any provision of this O rdinance or a request for a variance. A rea Light: Light that produces
over one-thousand, eight hundred (1,800) lumens and is designed to light an exterior space.
A rticulate: To give emphasis to or distinctly identify a particular element. An articulated
façade w ould be the emphasis of elements on the face of a wall including a change in setback,
materials, roof pitch, or height. A utomobile Wrecking Yards: (See junk yard.) Awning: A
projecting cover extending over a door, window or wall section with supports attached to the
building and used as cover, protection, or as decoration. In mobile homes, this consists of a
roof w ith supports and not more than one w all or storage cabinet substituting for a w all.
SECTION 2: A MEND MEN T “D ” of the R exburg Development Code is
hereby am ended as follows:
A M E N D M E N T
D
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D aycare C enters: A building or structure w here care, protection, and supervision are
provided on a regular schedule, at least three times a week for seven (7) or more children. (See
subsection 4.00.040 Hom e O ccupations.) Dedication: The setting apart of land or interest in
land for use by the public. Land becomes dedicated w hen accepted as a public dedication
either by ordinance, resolution, or entry in the official minutes of the City or by the recording
of a plat show ing such dedication. Density: The number of dw elling units per acre, excluding
required public rights-of-w ay from acreage determination. D .E.Q: The State of Idaho D ivision
of Environmental Quality D esign Standards: Statements and graphics intended to direct the
planning and development of the built environment in a particular manner or style so that the
end result contributes positively to the overall development. Development: Any man-made
change to improved or unimproved real estate, including, but not limited to, the construction of
buildings, structures or accessory structures, or the construction of additions or substantial
improvements to buildings, structures or accessory structures; the placement of mobile homes;
mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition
or extraction of materials; specifically including the construction of dikes, berms and levees.
The term “development” does not include the operation, cleaning, maintenance or repair of any
ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is
performed or authorized by the ow ner thereof pursuant to law ful rights and obligations. (Idaho
Code 46-1021)
D evelopment R eview Committee: The Development Review Committee consists of the
Zoning Administrator, G .I.S. Department H ead, City Engineer, Fire D epartment Inspector, and
Building Administrator or their designees.
D ormitory: A building used as group living quarters. Such group living quarters are generally
associated with a college, university, boarding school, orphanage, convent, monastery, farm
labor camp, or other similar use. (See PED .) Dow n-lighting: Fully shielded light that is
directed in such a manner as to shine light rays only below the horizontal plane. D rainage
Plan: A drainage plan is required for all new construction. The plan shall be part of the
required Infrastructure Plan and should identify drainage paths (w ith heights), perforated drain
pipes around footings (as required), retaining and detaining basins (if used), slope 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 twinhomes, storm water run-off calculations are required as per the City
Engineer. D rivew ay: A driveway is a vehicular ingress and egress route that serves no more
than five (5) single-family dw ellings, not including accessory structures. D uplex: (See
D wellings, Single-fam ily Attached) D welling: A building or portion thereof that provides
living facilities for one or more families.
A.Multi-family Dw elling: A residential building containing three or more dwelling
units, where the building is owned by a single ow ner. This includes w hat is commonly
known as an apartment building or condominium.
B.Single-family D welling: O ne 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.
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1.D wellings, Single-family D etached: A dw elling that is not attached to any
other dwelling.
2.D wellings, Single-family A ttached: Tw o (2) or more dw elling units w hich
may share a common wall or ceiling/floor.
a.Tw inhome: Shared w all betw een tw o (2) dw elling units where each
unit may ow n the land they are built upon.
b.Tow nhomes: Shared w alls betw een three (3) or more dwelling units.
c.Duplex: Shared ceiling/floor betw een two (2) dw elling units w hich
may not be individually ow ned.
C.Accessory Dw elling Unit: A second, smaller dw elling, w ithin or attached to a single-
family residence or it's garage, or a detached building, located on the parcel w here the
owner resides.
SECTION 3: A MEND MEN T “SA -SIG N” of the Rexburg D evelopment
Code is hereby amended as follow s:
A M E N D M E N T
SA -SIG N
Sanitary R estriction: The requirement that no building or shelter which w ill require a water
supply facility or a sew age disposal facility for people using the premises w here such building
or shelter is located shall be erected until written approval is first obtained from the state
D ivision of Environmental Quality (DEQ) by its administrator or his delegate approving plans
and specifications either for public water and/or sewage facilities, or individual parcel water
and/or sew age facilities. Satellite Dish A ntenna: A device incorporating a reflective surface
that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or
cornucopia. Such devices shall be used to transmit and/or receive radio or electromagnetic
w aves betw een terrestrially and/or orbital based uses. A ground-mounted dish shall be
regulated as an accessory building. School: A facility that provides a curriculum of elementary
and secondary academic instruction, including kindergartens, elementary schools, junior high
schools, and high schools. Self-Service Station: A n establishment w here liquids used as motor
fuels are stored and dispersed into the fuel tanks of motor vehicles by persons other than the
service station attendant and may include facilities available for the sale of other retail products.
Self-Service Storage Facility: A building or group of buildings consisting of individual, small,
self-contained units that are leased or owned for the storage of business and household goods
or contractor supplies. Service Building: A structure containing lavatories, water closets,
show ers and/or bathtubs, and laundry facilities for the use of manufactured/mobile home
community occupants. Service Station: A ny premises where gasoline and other petroleum
products are sold and/or light maintenance activities such as engine tune-ups, lubrication minor
repairs, and carburetor cleaning are conducted.
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A.Service stations shall not include premises w here heavy automobile maintenance
activities such as engine overhauls, automobile painting, and body fender work are
conducted.
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Setback: The minimum horizontal distance betw een a property line of a lot and the nearest
w all line of the building (providing eaves are equal or less than two (2’) feet in depth),
including any projection thereof, excluding uncovered steps.
Shopping C enters: A grouping of three (3) or more retail businesses or service uses on a
single site of more than five (5) acres but less than ten (10) acres w ith common parking
facilities. Short-Term R ental: A ny rental of a dw elling unit that is for a time period less than
thirty (30) days. Requires that there will be an owner, manager or ow ner ’s agent available in
Madison County, Idaho. (See also Includes Bed and Breakfast and Boarding H ouse as
categories of short term rentals.) (See subsection 3.02.160.)
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Sight Triangle: The sight triangle applies to corner lots on intersecting streets. The triangle of
land formed on any corner lot by draw ing a line between points on the lot lines which are
thirty (30’) feet from the intersection of such lot lines shall be free from any sight obscuring
structure or obstruction except as permitted. Trees in such triangles shall be trimmed to at least
ten feet (10’) above the center-line grades of the intersection streets. Shrubs, fences, and walls
shall not be higher than three (3’) feet above the center-line grades of the intersecting streets.
The purpose of the sight triangle is to insure visibility and safety in the zones w hich require
buildings to be set back from the property line.
SECTION 4: A MEND MEN T “3.02.150 Rentals” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
3.02.150 Rentals
A.Residential Rental Properties. All residential rental properties w ithin the City in
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excess of one rental unit per parcel shall obtain an annual B usiness Registration.
1.A ll Residential Rentals, A partment H ouse or A partment shall fill out a
Business Registration application.
2.A ll applicants for registration shall pay the annual fee irrespective of the point
in the year at w hich the registration is sought.
3.A registration shall be obtained for each individually identifiable location,
irrespective of ow nership.
4.Whenever a Residential Rental, Apartment House or A partment changes
ow nership, the new ow ner shall report such change to the C ity C lerk so that
the registration may be transferred.
5.Registration of this Section shall not be construed to grant permission to carry
on or conduct any unlaw ful business, or to operate any Residential R ental,
A partment H ouse or A partment in an unlawful manner, or to gran immunity to
any entity from law ful regulation and control, or to authorize the violation of
any zoning ordinance, regulation or restriction.
B.Bed and Breakfasts, B oarding H ouses, and Short-Term Rentals.
1.A pplication Required. On the application there w ill be a notice to check
w ith the mortgage planner for said property. There w ill also be a notification
to check w ith ow ner ’s insurance to make sure they are properly insured.
A pplicants w ill also need to make sure the H ome O w ner ’s Association does
not covenant against rentals.
2.License, Permit and Inspection R equired. A City license, B uilding Permit
and review for N eighborhood Compatibility for Parking, Screening, Lighting
and Landscaping to be approved by Zoning A dministrator or designee.
3.Fees. A n initial O ne hundred ($100) dollar fee is required for a Building
Permit and first inspection. Further fees may be required if additional
inspections are needed. There w ill be an annual renewal fee of tw enty-five
($25) dollars. A ll fees are reviewed annually and may be amended by
resolution.
4.Violations. Three (3) violations of City Ordinances w ill trigger revoking of
Rental Registration.
SECTION 5: A DOPTION “4.00.025 Rentals” of the R exburg D evelopment
Code is hereby added as follows:
A D O P T I O N
4.00.025 Rentals(Added)
A.Residential Rental Properties. All residential rental properties w ithin the City in
excess of one rental unit per parcel shall obtain an annual B usiness Registration.
1.R egistration and Life Safety Inspection Required. A City Registration,
Life Safety Inspection and Code compliance is required and all application
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requirements must be met.
2.A ll Residential Rentals, A partment H ouses or Apartments shall fill out a
Business Registration application.
3.A ll applicants applying for registration shall pay the annual fee per the
adopted C ity of R exburg Fee Schedule irrespective of the point in the year at
w hich the registration is sought.
4.A registration shall be obtained for each individually identifiable location,
irrespective of ow nership.
5.Whenever a Residential Rental, Apartment House or A partment changes
ow nership, the new ow ner shall report such change to the C ity C lerk so that
the registration may be transferred.
6.Registration shall not be construed to grant permission to carry on or conduct
any unlaw ful business, or to operate any Residential Rental, A partment House
or A partment in an unlaw ful manner, or to grant immunity to any entity from
lawful regulation and control, or to authorize the violation of any zoning
ordinance, regulation or restriction.
B.Short-Term R entals (including Boarding H ouses and B ed and Breakfast Inns).
1.A pplication Required.
2.R egistration and Life Safety Inspection Required. A City Registration,
Life Safety Inspection and Code compliance is required and all application
requirements must be met.
a.Parking R equirements. Tw o (2) parking spaces are required for the
house and one (1) additional space is required for each rented room.
b.The ow ner, a manager, or the ow ner's agent must be available in
Madison C ounty, Idaho.
c.Other R equirements.
3.Fees. Short-term Rental fees as per the adopted City of Rexburg Fee
Schedule.
4.Violations. Three (3) violations of City Ordinances w ill trigger revocation of
Rental Registration.
C.Accessory Dw elling Units (A D U s).
1.A pplication R equired.
2.Life Safety Inspection R equired. Life Safety Inspection and Code
compliance is required and all application requirements must be met.
3.A ccessory D welling U nits (A DU s):
a.Shall adhere to all rental regulations outlined above in this section as
well as Idaho Code § 55-3212.
b.Require ongoing owner occupancy of either the primary residence or
the AD U.
c.Shall be limited to one (1) AD U per single-family dw elling.
d.Shall meet the zone requirements including but not limited to setbacks
and lot coverage.
e.May be part of existing structure or as a detached structure.
(1)Recreational vehicles, tiny homes, or other similar structures
on wheels are not permitted as an accessory dw elling unit.
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AY E N AY A BSE N T AB STA IN
Council President Jordan Busby
Councilmember Robert Chambers
Councilmember Tisha Flora
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
f.
Shall meet all building code requirements for an accessory dw elling
unit.
g.Shall contain no more than 2 bedrooms.
h.Shall have tw o (2) parking spaces provided on site, in addition to the
primary residence’s tw o (2) required parking spaces.
PA SSED A ND A DO PTED BY THE C ITY O F REX BURG CO UN CIL
_______________________________.
P r e s id in g O ffic e r A t t e s t
Jerry L Merrill, Rexburg Mayor, C ity
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg