HomeMy WebLinkAbout2a Ord_Daycares March 2025 clean copy 4.29.25Page 1
CITY OF REXBURG
ORDINANCE DAYCARES MARCH 2025
NOW THEREFORE, be it ordained by the Council of the City of Rexburg, in the
State of Idaho, as follows:
SECTION 1: AMENDMENT “1.04.030 Conditional Use Permits” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
1.04.030 Conditional Use Permits
Pursuant to Idaho Code Section 67-6512, the Council and Commission may issue conditional
use permits.
A.Application. (See subsection 1.04.010.) A narrative statement shall discuss the general
compatibility of the proposed development with adjacent properties and the
neighborhood, the relationship of the proposed use to the Comprehensive Plan, and
the effects of the following on the adjoining property: noise, glare, traffic generated,
vibration, odor, fumes, drainage, building height, massing, and solid waste.
B.Studies. The Commission or Council may require that the applicant conduct studies of
the social, economic, fiscal, and environmental effects of the proposed use.
C.Hearing. Prior to issuing a Conditional Use Permit, at least one public hearing shall be
held. (See subsection 1.03.070.)
D.Authority of Commission to Review Conditional Use Permits. The Planning and
Zoning Commission may, without approval of the Council, grant the following
Conditional Use Permits (C.U.P.): Conditional Use Permits: Churches, synagogues,
and temples
Funeral and crematory services Government buildings Home occupations (See
subsection 4.00.040.) Household goods warehousing and storage Parks Reduced
parking space size in parking structures
1.All other Conditional Use Permits may only be granted after review and
recommendation by the Commission and approval by the City Council.
E.Standards for Approval. The approving body shall review the particular facts and
circumstances of each proposed conditional use and shall find adequate evidence to
show that the proposed use will comply with the following:
1.Be Listed as Conditional Use. Constitute a conditional use as established in
this Development Code.
2.Comprehensive Plan. Be in accordance with a specific or general objective
of the city’s Comprehensive Plan and the regulations of this Ordinance.
3.Harmony with Adjacent. Be designed and constructed in a manner to be
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harmonious with the existing character of the neighborhood and the zone in
which the property is located.
4.Nuisance. Not create a nuisance or safety hazard for neighboring properties in
terms of excessive noise or vibration, improperly directed glare or heat,
electrical interference, odors, dust or air pollutants, solid waste generation and
storage, hazardous materials or waste, excessive traffic generation, or
interference with pedestrian traffic.
5.Public Facilities and Services. The use will be adequately served by essential
public facilities and services such as street access, police and fire protection,
drainage structures, refuse disposal, water and sewer service, and schools.
a.If existing facilities are not adequate, the developer shall show that
such facilities shall be upgraded sufficiently to serve the proposed use.
6.Traffic. Not generate traffic in excess of the capacity of public streets or
access points serving the proposed use and will assure adequate visibility at
traffic access points.
7.Buffers. Be effectively buffered to screen adjoining properties from adverse
impacts of noise, building size and resulting shadow, traffic, and parking.
8.Slope and Soil. Be compatible with the slope of the site and the capacity of
the soils and will not be in an area of natural hazard unless suitably designed
to protect lives and property.
9.Historic Features. Not result in the destruction, loss or damage of a historic
feature of significance to the community of Rexburg.
F.Supplementary Conditions and Safeguards. In granting a Conditional Use Permit,
the approving body may prescribe appropriate conditions and safeguards. Such
conditions to be attached to the permit may include but not be limited to:
1.Minimizing adverse impact on other developments.
2.Controlling the sequence and timing of development.
3.Controlling the duration of development.
4.Assuring the development is properly maintained.
5.Designating the exact location and nature of development.
6.Requiring the provision for on-site or off-site public facilities of services;
7.Requiring more restrictive standards than those generally required in this
Ordinance.
G.Action by the Commission/Council. (See subsection 1.03.090.)
H.Formal Notice. Formal notice will be sent to applicant after approval of a Conditional
Use Permit.
1.Notice will state the conditions of the permit.
I.Time Limit. If conditions are violated or not met, there will be a ninety (90) day
period to cure the problem. Failure to comply with the terms may result in revocation
of the Conditional Use Permit.
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SECTION 2: AMENDMENT “C” of the Rexburg Development Code is
hereby amended as follows:
A M E N D M E N T
C
Cabana: A stationary, lightweight structure which may be prefabricated or demountable, with
two or more walls, used adjacently to and in conjunction with a manufactured/mobile home.
Campground: An area or tract of land on which accommodations for temporary occupancy
are located or may be located, including cabins, tents, and major recreational vehicles or
equipment, and which is used primarily for recreational purposes and retains an open air or
natural character. Carport: A stationary structure consisting of a roof with its supports and not
more than one wall used for sheltering a motor vehicle. Car Wash: An area of land and/or a
structure with a machine or hand-operated facility used principally for the cleaning, washing,
polishing, or waxing of motor vehicles. Child Care Facility: (See Daycare Centers.) City:
City of Rexburg City Clerk: The Clerk of the City City Engineer: An Idaho registered,
professional engineer designated by the City to represent the City’s engineering interests. City
Engineering Standards: Refers to the most recent City of Rexburg Engineering Standards
adopted by resolution of the City Council. City Engineering Standards may include standard
drawings, standard specifications, supplemental conditions, and any additions, amendments, or
addenda established by the City Engineer. (See City Engineering Standards.) City Impact
Area: That unincorporated area contiguous to the Rexburg City Limits officially adopted as
the “Area of CIty Impact.” City Staff: When the term Staff or City Staff are used in this
document the persons identified as such shall be the Zoning Administrator, the Public Works
Director, the City Engineer, the Economic Development Director, the GIS Director and the
City Attorney. Commercial Cluster, Substantial: A group of commercial businesses that
include a grocery store, restaurant, and bank as a minimum, along with other various retail and
services. The buildings that comprise the cluster shall be within a three (3) block area.
Commercial Daycare Center: A building or structure where care, protection, and supervision
are provided on a regular schedule, at least three times a week for thirteen (13) or more
children.
Commercial Structures, Large Scale: Structures that are twenty-five-thousand (25,000)
square feet in size and larger. This includes commercial retail and business office buildings.
Commission: The Rexburg City Planning and Zoning Commission hereinafter referred to as
Commission. Common Area: That area which is held in common ownership by owners of
land within the platted area. Comprehensive Plan: The Comprehensive Plan for the City of
Rexburg, or parts thereof, projecting future growth and development and for the general
location and coordination of streets and highways, schools and recreation areas, public
building sites and other facilities, which shall have been duly adopted. This plan shall comply
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with the Idaho Code as adopted or amended. (See Comprehensive Plan.) Conditional
Approval: An affirmative action by the Commission indicating the approval is given subject
to certain specified stipulations. Conditional Use Permit: A special use permit as provided for
by Idaho Section 67-6512 in which a use that, owing to some special characteristics such as
traffic or noise generation, parking needs, access, building size, lighting, consistency with
developed uses in the area, or other characteristics of operation, is permitted in certain districts
subject to approval by the Planning and Zoning Commission or the City Council, subject to
terms and conditions, depending upon the particular use. Condominium: A multi-family
dwelling where the units can be sold individually, but the building/structure and common areas
remain under a single ownership.
Convenience Store: Any retail establishment offering for sale prepackaged food products,
household items, and other goods commonly associated with the same and having a gross
square floor area of less than five-thousand (5,000) square feet. Copy: Any combination of
letters or numbers that are intended to inform, direct or otherwise transmit information.
Council: The Rexburg City Council hereinafter referred to as the Council. County
Commission: The Madison County Board of Commissioners. County Engineer: An Idaho
Registered Professional Engineer or consulting Engineering firm designated by the County
Commission to represent the County’s engineering interests.
SECTION 3: AMENDMENT “D” of the Rexburg Development Code is
hereby amended as follows:
A M E N D M E N T
D
Daycare: Where care, protection, and supervision are provided for children on a regular
schedule, at least three (3) times a week. (See subsection 4.00.040 Home Occupations.)
Daycare, Commercial: See Commercial Daycare Center
Daycare Facility: A building or structure where care, protection, and supervision are provided
on a regular schedule, at least three times a week for seven (7) to twelve (12) Facility can be
stand-alone or in-home. children.
Daycare, Family Home: See Family Home Daycare
Dedication: The setting apart of land or interest in land for use by the public. Land becomes
dedicated when accepted as a public dedication either by ordinance, resolution, or entry in the
official minutes of the City or by the recording of a plat showing such dedication. Density:
The number of dwelling units per acre, excluding required public rights-of-way from acreage
determination. D.E.Q: The State of Idaho Division of Environmental Quality Design
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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 owner thereof pursuant to lawful rights and obligations. (Idaho Code 46-1021)
Development Review Committee: The Development Review Committee consists of the
Zoning Administrator, G.I.S. Department Head, City Engineer, Fire Department Inspector, and
Building Administrator or their designees.
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.) Down-lighting: Fully shielded light that is
directed in such a manner as to shine light rays only below the horizontal plane. Drainage
Plan: A drainage plan is required for all new construction. The plan shall be part of the
required Infrastructure Plan and should identify drainage paths (with heights), perforated drain
pipes around footings (as required), retaining and detaining basins (if used), slope away from
foundations, injection wells (if used), gutters and catch basins (if used), pipe size and location
(as applicable), and other drainage details as needed. For all projects except single-family
homes, duplexes and twinhomes, storm water run-off calculations are required as per the City
Engineer. Driveway: A driveway is a vehicular ingress and egress route that serves no more
than five (5) single-family dwellings, not including accessory structures. Duplex: (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.Twinhome: Shared wall between two (2) dwelling units where each
unit may own the land they are built upon.
b.Townhomes: Shared walls between three (3) or more dwelling units.
c.Duplex: Shared ceiling/floor between two (2) dwelling units which
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may not be individually owned.
C.Accessory Dwelling Unit: A second, smaller dwelling, within or attached to a single-
family residence or its garage, or a detached building, located on the parcel where the
owner resides.
SECTION 4: AMENDMENT “F” of the Rexburg Development Code is
hereby amended as follows:
A M E N D M E N T
F
F.A.A.: Federal Aviation Administration. Facade: Portions of a building that are visible from
private or public roads and walkways but not including alleys. Family: A group of one or
more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit,
provided that at least one of the following situations exist:
A.At least one of the group is related to all of the other members of the group within the
third degree of kinship;
B.The group is divisible into two subgroups, each composed of at least one person who
is related to all other members of the subgroup within the third degree of kinship; or
C.All such persons are handicapped persons as defined by the I.C. Section 67-6531 or in
Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act
Amendments of 1988, or any subsequent amendments to the foregoing regulations.
Family Home Daycare: A building or structure where care, protection, and supervision are
provided on a regular schedule, at least three times a week for six (6) or fewer children. (See
subsection 4.00.040 Home Occupations.)
F.C.C.: Federal Communications Commission. Feedlot: Any area where one-thousand
(1,000) head or more of livestock are confined for a period of one (1) year or more.
Fence: Any tangible barrier, lattice work, screen, wall, hedge, or continuous growth of shrubs
or trees with the purpose of, or having the effect of preventing passage or view across the
fence line.
Fenestration: The arrangement of windows in a building to provide interior light; also used as
decorative elements in a facade.
Fire Station: A building or portion of a building that provides, at a minimum, all weather
protection for fire apparatus. Temperatures inside the building used for this purpose must be
maintained at above thirty-two (32°) degrees Fahrenheit.
Flagpole: a structure used for the sole purpose of displaying flags.
Page 7
Flood Light: A lamp that produces up to one thousand, eight hundred (1,800) lumens and is
designed to flood a well-defined area with light. Flood Plain: Those areas designated as Zone
A or AE as shown on the current Flood Insurance Rate Map (FIRM) as prepared by National
Flood Insurance Program.
A.Area of Shallow Flooding: The base flood depths range from one to three (1-3) feet;
where a clearly defined channel does not exist and the path of flooding is
unpredictable and indeterminate, and velocity flow may be evident. AO characterized
as sheet flow and AG indicates pounding on the FIRM map.
B.Area of Special Flood Hazard, Base Flood or 100-Year Flood: The land in the
flood plain within a community subject to a one (1%) percent or greater chance of
flooding in any given year. Designation on maps always includes the letter A.
C.Base Flood Elevation: (BFE)" the computed elevation to which flood water is
anticipated to rise during the “Base Flood.” The Base Flood Elevation (BFE) is
depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1 foot.
D.Channel: A natural or artificial watercourse of perceptible extent, with definite bed
and banks to confine and conduct continuously or periodically flowing water.
E.Flood: The temporary inundation of land by overflow from a river, stream, lake, or
other body of standing water. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters
and/or the unusual and rapid accumulation of runoff or surface waters from any
source.
F.Flood Insurance Rate Map (FIRM): The official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
G.Flood Insurance Study: The official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary Floodway Map, and
the water surface elevation of the base flood.
H.Floodway: The channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1’) foot at any point.
I.Floodway Fringe: The part of the flood plain which is beyond the flood way
encroachment lines limiting a designated flood way. Such areas will include those
portions of the flood plain which will be inundated but which may be developed for
use under land use regulations without material effect upon the flood water carrying
capacity of the flood way and the flood water levels. Such areas are characterized by
shallow flood depths and low velocities of water flow.
J.Flood Protection Elevation (FPE): As defined in Idaho Code §46-1021 (7), an
elevation that shall correspond to the elevation of the one percent (1%) percent chance
annual flood BFE, plus any increased flood elevation due to floodway encroachment,
plus any required freeboard. The flood protection elevation for Rexburg, Idaho is
equal to BFE plus one foot (1’) foot of freeboard; the freeboard accounts for any flood
elevation increases due to floodway encroachment as shown in the community’s Flood
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Insurance Study.
Floor Area, Gross: The sum of the areas of all floors of a building, including any area used
for human occupancy in the basements and attics, as measured from the exterior faces of the
walls. Floor, Lowest: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non elevation design requirements of this Ordinance. Foot-candle (fc): The
American unit used to measure the total amount of light cast on a surface. For example, a full
moon produces 0.01 foot-candles. Foot-candles are measured with a light meter. Footprint:
The area covered by the enclosed area of the structure if perpendicular planes were extended
from all portions of the structure to the ground. Frontage: The length of any one property line
of a premise, which property line abuts a legally accessible street right-of-way including streets
and alleys. To constitute frontage, the street or alley must provide access to abutting properties.
For purposes of determining yard requirements on corner lots, all sides of a lot adjacent to
streets shall be considered front yards and yards shall be provided as indicated under “yards” in
this definition section. Fully shielded: The luminaire and its mounting, taken as a whole,
allowing no direct light above the horizontal.
SECTION 5: AMENDMENT “3.04.030 Table 3 Number Of Parking Spaces
Required” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.04.030 Table 3 Number Of Parking Spaces Required
A.Where a specific use is not listed, the Zoning Administrator or designee, in his or her
professional judgment, shall make a determination on a parking standard to be applied
based on a similar use, and/or available information from national studies or other
communities’ parking standards. TABLE 3: Minimum Number of Parking Spaces
required are as follows:
RESIDENTIAL DWELLINGS
Single-Family Dwellings 2 Spaces per Unit
Multi-Family Dwellings 2 Spaces per Unit
High Density Residential 1 Bedroom 2
Bedrooms 3 Bedrooms
1.5 Spaces per Unit 2 Spaces per Unit 2
Spaces per Unit
Townhouses Spaces per Unit (off-street parking)
Page 9
RESIDENTIAL USES
Congregate Residence 1 Space per Occupant unless otherwise
approved by the Zoning Administrator)
Dormitory Housing 1 Space per Occupant (including 10% visitor
parking)
Motels and Hotels (Transient Lodging)1 Space per Sleep Room plus 1 Space per
Employee at Highest Shift
Multi-Family Dwellings for Elderly 1 Space per Unit
Nursing Homes 0.25 Spaces per Bed
Short-Term Rentals, (including Boarding
House, Bed and Breakfast)
2 Spaces for Owner/Manager plus 1 Space
per Bedroom being rented.*No on-street
parking allowed.
B. Each Residential Rental, Apartment House or Apartment must inventory all approved
parking spaces and issue contractual obligations relative to all such parking spaces.No
agreements for tenancy shall be executed on behalf of the owner, operator or their agents,
relative to a Rental, Apartment House or Apartment without affirmatively designating
whether the same has a parking space available.
1. All designation of available parking as referenced above shall have an approved
parking space associated with the designation such that if all designated tenants were to
park a vehicle there would adequate spaces.No allowance for absenteeism shall be
allowed. each agreement containing an affirmative designation of parking space, there
must be a space.
2. Any agreement for tenancy in a Residential Rental, Apartment House or Apartment,
which is not specifically designated as a "Parking Space" agreement, there must be an
affirmative statement notifying the parties to the agreement that there is no overnight,
on-site parking provided in connection with the agreement.
SPACES BUSINESS OR SERVICE (per 1,000
square feet of gross floor area)
0.2
All warehousing (plus 3 spaces per 1,000
square feet of office, retail, or other public
area)
1
Automotive, marine craft, aircraft and
accessories (does not include repair garages)
Building materials, hardware and farm
equipment
Page 10
Furniture, home furnishings, and equipment
Manufacturing (plus 3 spaces per 1,000
square feet of office, retail, or other public
area)
2 Contract construction services Wholesale
trade
3
All other services Automotive marine craft,
aircraft and accessories (sales and service)
Business services
Doctor offices and all other medical services
and professional services
Finance, insurance, and real estate services
Food (non-restaurant)
Travel services
4
General merchandise
Indoor recreation facilities
*Medical Clinic centers – Mixed Uses Fewer
than 200,000 square feet
5 Health Clubs Shopping centers – Mixed Uses
Over 200,000 square feet
6 Beauty and Barber services
10 Sit down restaurant
*A medical clinic is any facility that provides limited diagnostic and outpatient care, but is
unable to provide long-term, in-house medical and surgical care. Clinics commonly have lab
facilities, supporting pharmacies and a wide range of services.
C. BUSINESS & SERVICES (per other measurement)
Call Centers and business with higher density cubicles 0.9 spaces per employee Civic, social,
fraternal organizations 1 space per 4 persons (maximum occupancy) Fast food with drive-
through 0.33 spaces per seat (two (2) feet of bench equals one (1) seat) Hospital services 2
spaces per patient bed for expansions (to current campuses existing prior to 2008) 4 spaces per
patient bed for new hospital campuses Religious Facilities 1 space per 4 seats or 8 feet of
bench in main meeting room Public Assembly Theaters, sports arenas, and auditoriums 1 space
per 4 seats
Recreation
Racquetball, handball and tennis courts 3 spaces per court
Bowling alley 7 per alley Schools Daycare Facility: 2 spaces per employee on largest shift
Kindergarten, Elementary, and Junior High Schools: 2 spaces per classroom High Schools and
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Colleges: 1 space per 4 persons (at maximum capacity)
D. (UD) University Parking Ratios. Minimum parking spaces shall be regulated in the
UD with the University Parking Ratios set forth below. In determining the ratio, all parking
spaces located upon the University Campus together with all on-street parking where the
University Campus occupies both sides of the street shall be included. The term full-time
equivalent shall be established in the BYU-Idaho Parking Study published in 2002.
Student Ratio: .20 spaces per FTE Student
Faculty Ratio:.585 spaces per FTE Faculty
Staff Ratio:.585 spaces per FTE Staff
SECTION 6: AMENDMENT “3.08.010 Permitted Uses In Residential
Zones” of the Rexburg Development Code is hereby amended as follows:
A M E N D M E N T
3.08.010 Permitted Uses In Residential Zones
Permitted Uses In Residential Zones
Use Categories Uses RR
1
RR
2
LD
R1
LD
R2
LD
R3
M
DR
1
M
DR
2
HD
R1
HD
R2
ACCESSORY
Accessory Livestock P P P P P
Accessory Swimming
Pool P P P P P P P P P
Accessory Dwelling
Unit
CU
P
CU
P
CU
P
Accessory Building P P P P P P P P P
Accessory Home
Business
CU
P
CU
P
CU
P
CU
P
CU
P
Accessory Home
Occupation P P P P P P P P P
RENTAL, SHORT-
TERM,
TRANSIENT
LIVING
Short-term Rental P*P*P*P*P*P P P P
Page 12
GROUP LIVING
WITH ASSISTANCE
Assisted & Residential
Care Facility
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
P P
Group Home
(Disabled & Elderly)
(8 and fewer residents)
P P P P P P P P P
Residential Facility for
Elderly Persons
(greater than 8
residents)
CU
P
CU
P
CU
P
CU
P
Sanitariums,
Convalescent & Rest
Homes
CU
P
CU
P
RESIDENTIAL
Single-Family
Dwelling Detached P P P P P
Single-Family
Dwelling Attached
(except townhomes)
P P
Single-Family
Dwelling Attached (3
or more units)
P P P P P
Multi-Family
Dwelling P P P P
Dormitory CU
P
CU
P
CU
P
CU
P
Manufactured
Housing Communities CU
P
RECREATION
&
ENTERTAINMENT
Athletic Fields CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
Dog Parks CU
P
CU
P
CU
P
CU
P
Golf Courses CU
P
CU
P
CU
P
CU
P
CU
P
Parks & Playgrounds CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
Recreation Centers CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
Commercial Daycare CU CU CU CU
Page 13
SCHOOLS
Center (13 or more
children)
P P P P
Daycare Facility
(between 7 and 12
children, 3 or more
times a week)
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
Family Home Daycare
(6 or less children, 3
or more times a week)
CU
P
CU
P
CU
P
CU
P
CU
P P P P P
Schools (Pre-K - 12)CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
ASSEMBLY-
DECEASED
Cemeteries CU
P
CU
P
CU
P
CU
P
CU
P
Churches,
Synagogues, Temples
& Missions
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
TRANSPORTATION
Automobile Parking
Lots & Garages
(Stand-alone)
CU
P
CU
P
CU
P
CU
P
UTILITIES & FUEL
Right of Way (combo,
electric transmission,
gas pipeline,
sewage, water
pipeline, storm drain)
P P P P P P P P P
Public Facilities P P P P P P P P P
Utilities (Rocky
Mountain Power,
Intermountain Gas,
etc.)
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
Water Storage CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
CU
P
*For Short-Term Rental restrictions, see subsection 4.00.025
SECTION 7: AMENDMENT “3.08.020 Permitted Uses In Commercial
Zones” of the Rexburg Development Code is hereby amended as follows:
Page 14
A M E N D M E N T
3.08.020 Permitted Uses In Commercial Zones
Permitted Uses In Commercial Zones
Use
Categories Uses MU CB
C
RB
C
RB
D LI HI
AGRICULT
URAL
Agriculture Packaging CUP P
Agriculture Processing CUP P
Agriculture Product & Input Sales CUP CUP P P
Farm & Construction Vehicles,
Equipment & Supplies CUP CUP P P
ACCESSO
RY
Accessory Building P P P CUP P P
Accessory Dwelling Unit CUP CUP
Accessory Home Occupation P
Accessory Swimming Pool P
RENTAL,
SHORT-
TERM,
TRANSIEN
T LIVING
Short-term Rental P
Hotels, Motels P P P CUP
Campgrounds, RV Campsites & Travel,
Tiny Homes on Wheels CUP
GROUP
LIVING
WITH
ASSISTAN
CE
Assisted & Residential Care Facility P
Group Home (Disabled & Elderly)(8
and fewer residents)P
Residential Facility for Elderly Persons
(greater than 8 residents)CUP CUP
Sanitariums, Convalescent, & Rest
Homes CUP CUP
RESIDENT
IAL
Single-Family Dwelling Attached (3 or
more units)P
Multi-Family Dwelling P
Dormitory CUP
Athletic Clubs, Body Building Studios,
Aerobic Centers & Gymnasiums P P P CUP
Amusement Parks CUP CUP
Page 15
RECREATI
ON &
ENTERTAI
NMENT
Athletic Fields CUP CUP
Commercial Pools CUP P P
Dog Parks CUP CUP
Drive-In Movies CUP
Event Center (Dancing, Conferences,
Performances)CUP P P
Go-Car, 4-Wheeler Tracks CUP CUP
Golf Driving Ranges P
Ice Skating (Commercial)CUP P P
Indoor Amusement (Pool Halls,
Bowling Alleys, Indoor Golf, etc.)CUP P P
Museums and Art Galleries, Cultural
Activities P P P
Parks & Playgrounds CUP P
Recreation Centers P P P
Riding Stables (Animals are housed
also) CUP
Roller Skating CUP P P
Spas P P P
Sports Stadiums, Arenas & Field Houses CUP
Theatres (Auditoriums, Performing &
Motion Pictures)CUP P P
SCHOOLS
Daycare Facility (Between 7 and 12
children, 3 or more times a week)CUP CUP CUP
Commercial Daycare Center (13 or more
children)P P P P P
Family Home Daycare (6 or less
children, 3 or more times a week)P P P CUP
Schools (Pre-K - 12)CUP P P
Special Training (Fire, Police, etc.) CUP
Technical Schools & Vocational Schools CUP CUP CUP CUP
ASSEMBL
Y-
Churches, Synagogues, Temples, &
Missions CUP CUP
Page 16
DECEASE
D
Funeral Parlor (Mortuary) & Crematory P CUP
TRANSPO
RTATION
Automobile Parking Impound Yards
(Stand-alone) CUP P
Automobile Parking Lots & Garages
(Stand-alone)P P P P P
Automobile Repair & Maintenance P P P
Automobile Sales & Rental P**P P
Bus Garaging & Equipment
Maintenance CUP P P
Bus Passenger Terminals P P P
Freight Garaging & Maintenance P P
Freight Terminals CUP P P
Helipad CUP CUP CUP CUP
Railroad Yards P P
Truck & Bus Sales CUP P P P
Truck & Trailer Rentals (no drivers) CUP CUP P P
Truck Repair CUP P P
ANIMALS
Animal Grooming CUP P P P
Commercial Kennels CUP CUP
Veterinarian Services (Large Animal
with Outdoor Facilities) CUP CUP
Veterinarian Services (Small Animal
Indoor Only)
CUP
*P P P
FOOD &
DRINK
Bakeries & Doughnut Shops P P P CUP P
Candy, Nut & Confectionery P P P CUP P
Canning - Fruits, Vegetables, Preserves,
Jams, Specialty, etc. CUP P
Eating Places (with a Drive Through)CUP P P
Eating Places (without a Drive Through)P P P
Food & Kindred Products (Except meat
packing, animal & marine fats & Oils) P P
Food Lockers P P
Page 17
Grocery Stores CUP P P
Liquor Stores P P
Mobile Vending Court CUP CUP CUP CUP
OFFICE-
TYPE
BUSINESS
Banks & Credit Unions CUP P P
Call Centers CUP P P
Commercial Printing P P P P
Professional Services Office
(Accounting, Financial, Insurance,
Legal, Real Estate, etc.)
P P P
Scientific Research & Testing
(Laboratory)CUP P P P
Wedding Chapels & Reception Centers P P CUP
Welfare & Charitable Services P P P
MEDICAL
&
EMERGEN
CY
Ambulance & Fire Services CUP CUP CUP CUP
Behavior, Drug & Alcohol Treatment CUP CUP
Hospitals, Operations Centers, Out-
Patient Medical CUP CUP CUP
Medical Laboratories CUP P P P
Pharmacy & Medical Supplies P P P
Physicians & Dental Offices P P P
GOVERNM
ENT
Governmental Services P P P
Libraries P P P
Police Protection & Related Activities
Office P P P
Postal Services P P
BUILDING
&
CONSTRU
CTION
Building & Construction Supplies Retail
(No Storage Yard)P P P P P
Building & Construction Supplies Retail
(with Storage Yard) CUP CUP P P
Concrete Mix Plant; Asphalt Hot Plant CUP
Household Good Storage CUP CUP P
Refrigerated Warehousing CUP P P
Page 18
STORAGE
Warehousing & Storage Industrial
Services CUP P
SHOPPING
Antiques P P P
Auction Houses CUP CUP
Auction yard CUP P
Beauty & Barber Shops & Supplies P P P P
Professional, Scientific & Controlling
Instruments, & Supplies CUP P P P
Equipment Rental & Leasing (Including
Outside Storage) CUP CUP P
Equipment Rental (Indoor Only)P P P P
Lawn & Garden Supplies (Nursery
stock, Equipment, Tools, Greenhouse,
Yard Art, etc.)
CUP P P P
Gas, Bottled (LP Exchange & Refill) P P P
Gasoline Service Stations CUP P P P CUP
General Merchandise (Department,
Discount, Variety, etc.)P P P
Hardware P P P P
Horticulture & Plant Nurseries P P P
Janitorial Supplies CUP P P P P
Locksmiths & Key Shops P P P
Machinery Retail (Robotics, Machine
Tools, Manufacturing Equipment, etc.) CUP CUP P P
Manufacturing of Apparel &
Accessories (except leather tanning &
finishing)
P P
Musical Instruments P P P
Pawn Shops (No Outside Storage) CUP
Petroleum & LP Bulk Stations &
Terminals CUP CUP CUP P
Recreational Vehicles, Parts &
Page 19
Accessories CUP P P P
Shopping Centers CUP P P
Thrift Store & Second-Hand
Merchandise (No Outside Storage)CUP P CUP
MINOR
ASSEMBL
Y
& OTHER
INNOCUO
US
MANUFAC
TURING
Gunsmith P P P
Industrial Laundry CUP P
Dry Cleaning CUP P P
Laundry, Pressing, Alteration &
Garment Repair P P P
Minor Manufacturing & Assembly
(Small Item) CUP P
Photographic Studio, Supplies &
Equipment P P P
Pottery & Related Products CUP P
Repair Services CUP P CUP P P
HEAVY
MANUFAC
TURING &
RECYCLIN
G
Bottling & Canning, Soft Drinks &
Carbonated Water P P
Explosives CUP
Fire Arms & Ammunition CUP CUP
Fire Works CUP
Glass, Flat, Pressed CUP P
Industrial Inorganic Chemicals (includes
air separation) CUP
Foundries (Refining & Extruding of
Metals) CUP
Junk Dealers, Salvage Operations, Waste
Material & Scrap CUP
Leather Tanning & Finishing P
Matches P
Metal Working Machinery & Equipment
(tool & dye shops, machine shops) CUP P
Miscellaneous Fabricated Rubber
Products CUP P
Page 20
Non-clay Refractories P
Nuclear Energy CUP
Paper & Allied Products (Except Pulp) P
Plastic Materials, Synthetic Resins &
Non-vulcanizable Elastomers CUP CUP
Printing Ink P P
Recycle Center CUP
Textile Mill Products (no tire cord &
fabric) P P
Tire Cord & Fabric P
UTILITIES
& FUEL
Electric Generation Plants (conventional
fuel including hydroelectric, solar, etc.) CUP
Refuse Disposal CUP CUP
Right of Way (combo, electric
transmission, gas pipeline, sewage,
water pipeline, storm drain)
P P P P P P
Public Facilities P P P P P P
Spreading Grounds (for percolating
water into underground) CUP CUP CUP
Storage Yards (Utility) P P
Utilities (Rocky Mountain Power,
Intermountain Gas, etc.)CUP CUP CUP CUP CUP
Waste Water Treatment Plants, Sludge
Drying Beds, etc. CUP CUP
Water Storage CUP CUP CUP CUP CUP
Water Treatment Plants (Purification) CUP
* See conditions in 5.01.020 Mixed Use Permitted Uses
**See conditions in 6.01.020 Commercial Business Center Permitted Uses
SECTION 8: AMENDMENT “3.08.030 Permitted Uses In Other Zones” of
the Rexburg Development Code is hereby amended as follows:
Page 21
A M E N D M E N T
3.08.030 Permitted Uses In Other Zones
Permitted Uses In Other Zones
Use Categories Uses TA
G UD PF OS
AGRICULTURAL Agriculture Farming & Ranching P P
ACCESSORY
Accessory Livestock (No more
than ten (10) per acre)P
Accessory Swimming Pool P
Accessory Dwelling Unit CU
P
Accessory Building P P P
Accessory Home Business CU
P
Accessory Home Occupation P
RENTAL, SHORT-TERM,
TRANSIENT LIVING
Short-term Rental P
Hotels, Motels CU
P
Campgrounds, RV Campsites &
Travel CU
P
GROUP LIVING
WITH ASSISTANCE
Group Home (Disabled &
Elderly)(8 and fewer residents)P
RESIDENTIAL
Single-Family Dwelling Detached P
Multi-Family Dwelling CU
P
Dormitory CU
P
Athletic Clubs, Body Building
Studios, Aerobic Centers &
Gymnasiums
P
Athletic Fields CU
P P P
Commercial Pools P P
Page 22
RECREATION &
ENTERTAINMENT
Dog Parks CU
P
Event Center (Dancing,
Conferences, Performances) P CU
P
Fairgrounds P
Golf Courses CU
P P
Golf Driving Ranges P
Ice Skating (Commercial)P P
Indoor Amusement (Pool Halls,
Bowling Alleys, Indoor Golf, etc.) P
Museums, Art Galleries, Cultural
Activities P P
Nature Exhibits P CU
P
Parks & Playgrounds P P
Recreation Centers CU
P P P
Riding Stables (Animals are
housed also) CU
P
Roller Skating P CU
P
Skate Park CU
P
Spas P
Sports Stadiums, Arenas & Field
Houses CU
P
CU
P
Theatres (Auditoriums,
Performing & Motion Pictures) P P
Commercial Daycare Center (13
or more children)P
Daycare Facility (between 7
1212more children, 3 or more
times a week)
CU
P P
Family Home Daycare (6 or less
children, 3 or more times a week)
CU
P P
Page 23
SCHOOLS Schools (Pre-K - 12)
CU
P P P
Special Training (Fire, Police, etc.) CU
P P
Technical Schools & Vocational
Schools P CU
P
University, College, Junior
College, Professional School
Education
P P
ASSEMBLY-DECEASED
Cemeteries CU
P CU
P
Churches, Synagogues, Temples
& Missions
CU
P P
Funeral Parlor (Mortuary) &
Crematory CU
P
TRANSPORTATION
Aircraft Manufacturing &
Assembling (in or adjacent to an
airport)
CU
P
Airports CU
P
Automobile Parking Lots &
Garages (Stand-alone) P P
Automobile Repair &
Maintenance P
Bus Garaging & Equipment
Maintenance P CU
P
Bus Passenger Terminals P
Freight Garaging & Maintenance P
Freight Terminals P
Helipad CU
P
CU
P
ANIMALS
Animal Grooming CU
P
Commercial Kennels CU
P
Page 24
Veterinarian Services (Large
Animal with Outdoor Facilities)
CU
P
Veterinarian Services (Small
Animal Indoor Only) CU
P
FOOD & DRINK
Bakeries & Doughnut Shops P
Candy, Nut & Confectionery P
Eating Places (with a Drive
Through) P
Eating Places (Restaurants) P
Food Lockers P
Mobile Vending Court CU
P
CU
P
OFFICE-TYPE BUSINESS
Professional Services Office
(Accounting, Financial, Insurance,
Legal, Real Estate, etc.)
P
Scientific Research & Testing
(Laboratory) P
Wedding Chapels & Reception
Centers P
Welfare & Charitable Services P
MEDICAL & EMERGENCY
Ambulance & Fire Services CU
P
CU
P
Behavior, Drug & Alcohol
Treatment CU
P
Hospitals, Operations Centers,
Out-Patient Medical CU
P P
Medical Laboratories P
Pharmacy & Medical Supplies P P
Physicians & Dental Offices P
GOVERNMENT
Governmental Services P
Libraries P P
Police Protection & Related
Activities Office P P
Postal Services P P
Page 25
STORAGE
Refrigerated Warehousing P
Warehousing & Storage Industrial
Services
P
SHOPPING
Beauty & Barber Shops &
Supplies P
Professional, Scientific &
Controlling Instruments &
Supplies
P
Equipment Rental (Indoor Only) P
General Merchandise
(Department, Discount, Variety,
etc.)
P
Horticulture & Plant Nurseries P
Musical Instruments P
MINOR ASSEMBLY &
OTHER INNOCUOUS
MANUFACTURING
Photographic Studio, Supplies &
Equipment P
Pottery & Related Products P
HEAVY MANUFACTURING &
RECYCLING
Central Garbage Grinding Stations
& Composting Plants CU
P
Mining & Quarrying CU
P
Nuclear Energy CU
P
UTILITIES & FUEL
Electric Generation Plants (
conventional fuel including
hydroelectric, solar, etc.)
CU
P
Nuclear Modular Reactor CU
P
Refuse Disposal CU
P
Right of Way (combo, electric
transmission, gas pipeline,
sewage, water pipeline, storm
drain)
P P P P
Public Facilities P P P P
Spreading Grounds (For
Page 26
percolating water into
underground)
CU
P
Storage Yards (Utility) P P
Utilities (Rocky Mountain Power,
Intermountain Gas, etc.)
CU
P
CU
P
CU
P
CU
P
Waste Water Treatment Plants,
Sludge Drying Beds, etc. CU
P
Water Storage CU
P
CU
P P CU
P
Water Treatment Plants
(Purification) CU
P
SECTION 9: AMENDMENT “4.00.040 Home Occupation” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M E N T
4.00.040 Home Occupation
In order to provide for home occupations that are secondary to the use of the premises as a
residence and are compatible with the quiet, peaceful nature of a residential neighborhood, no
home occupation shall be permitted without the prior issuance of a Conditional Use Permit or
Home Occupation Permit or license as required by the type of home occupation desired. Any
business must be registered with the State of Idaho to obtain an EIN number and the City of
Rexburg.
A.Process Requirements
1.Submit Application
2.Payment of a permit fee
3.Regulation Compliance
4.CUP Process (If needed)
5.Permit Issued
B.Standard Regulations. All Home Occupations and Businesses, whether permitted or
conditional, must adhere to the following standard regulations.
1.Accessory Uses. In all residential zones, home occupations in compliance
with the following regulations are permitted as accessory uses.
2.Appearance. There shall be no change in the outside appearance of the
dwelling or premises or any visible evidence of the conduct of a home
occupation.
Page 27
3.Boss. The home occupation shall be conducted by the applicant, who shall
reside on the premises.
4.Display. There shall be no display of products visible in any manner from the
outside of the dwelling.
5.Impact. The home occupation shall not constitute a significant impact on
neighborhoods.
6.In Dwelling or Accessory. A home occupation shall be conducted entirely
within the dwelling or an accessory structure.
7.Interference. No equipment or process shall be used which creates visual or
audible electrical interference in any radio or television receiver off the
premises or causes fluctuations in line voltage off the premises.
8.Nuisance. No equipment or process shall be used in a home occupation
which creates noise, glare, vibration, or fumes, or odor detectable to the
normal senses off the property.
9.Outside Storage. There shall be no storage of equipment, vehicles, or
supplies associated with the home occupation outside the dwelling.
10.Public Utilities. No home occupation shall cause an increase in the use of any
one or more public utilities (water, sewer, and garbage collection) so that the
combined total use for dwelling and home occupation purposes exceeds the
average for residences in the neighborhood.
11.Signs. There shall be no visible evidence of the conduct of the home
occupation other than one (1) non-illuminating sign not to exceed two (2)
square feet in area mounted flat against the dwelling.
12.Traffic. The use shall not create greater pedestrian or vehicular traffic than
normal for the neighborhood.
C.Permitted Uses. Examples of home occupations permitted under this section shall
include but not be limited to:
Permitted Uses Examples
Beauty Salon
Computer programming
Childcare may have up to six (6) children at any one time. (The care of additional
children shall constitute a Home Business or Commercial Daycare Center.)
Home cooking, baking and preserving
Home crafts without on premise sales
Individual tutoring
Painting
Piano or Music training
Sculpturing
Secretarial service
Sewing and tailoring Telephone
solicitation work and answering services
Writing
Other uses as approved by the Planning and Zoning Administrator or designee.
Page 28
D.Permitted Use Regulations. A home occupation, which meets the standard
regulations and the following conditions shall be issued a permit by the City Clerk,
upon application and payment of a permit fee, provided that the home occupation is
conducted by the applicant:
1.Advertising. No commercial telephone directory listing, newspaper, radio, or
television service shall be used to advertise the location of a home occupation
to the general public.
2.Area. A home occupation shall be conducted entirely within a dwelling and
shall not occupy more than twenty (20%) percent of the floor area of the
residence.
3.Delivery Services. The home occupation shall not involve the use of
commercial vehicles for delivery of materials to or from the premises other
than vans regularly involved in commercial delivery such as United Parcel
Service, Federal Express, or the United States Postal Service greater than that
of a standard residential home. The applicant may use his/her personal vehicle,
provided it does not exceed three quarter (3/4) ton, for deliveries.
4.Employees. No one other than members of the immediate family residing in
the home shall be employed in the conduct of a home occupation.
5.Instruction. If the home occupation is the type in which classes are held or
instruction is given to more than one (1) person at a time, there shall be no
more than six (6) students or pupils in the dwelling unit or on the premises at
any one time. No more than (2) two sessions shall be held daily. The home
must be owner/leasee occupied.
6.Motors. No motor power other than electrically operated motors shall be used
in connection with a home occupation. Home occupations shall not involve
the use of electric motors of more than three (3) h.p.
7.Parking. The use shall not require additional off-street parking spaces for
clients or customers of the home occupation.
E.Conditional Uses. A home occupation which does not comply with the Permitted
Uses above may be permitted in all residential zones only if a conditional use permit is
secured. Such home occupations shall comply with standard regulations and the
following regulations:
1.Area. More than the equivalent of twenty-five (25%) percent of the floor area
of the residence shall not be associated with the home occupation.
2.Delivery. The home occupation shall not involve the use of commercial
vehicles with more than six (6) wheels for delivery of materials to or from the
premises. Such deliveries would exceed the normal delivery to a residential
home. Deliveries shall be limited to five (5) deliveries per (1) week.
3.Employees. No one other than the residents of the dwelling shall be employed
in the conduct of the home occupation.
4.Hours. No home occupation shall be conducted between the hours of 9:00
p.m. and 7:00 a.m.
Page 29
5.Parking. The use shall not require more than two (2) additional off-street
parking spaces for clients or customers of the home occupation. Such off-
street parking shall not be provided in the front yard unless on a pad existing
prior to commencement of the home occupation.
6.Sales. Unless permitted under the conditional use review process, there shall
be no sales of products or services not produced on the premises.
F.Violation of Standards. If a home occupation permittee violates any of the above
standards as applicable, the home occupation permit may be revoked upon written
notice to the applicant, and the conduct of the home occupation shall cease.
G.Appeal. To contest a revocation, the applicant shall appeal to the Planning and Zoning
Commission within fifteen (15) days of the date of the written notice.
H.Home Business Requirements. Home businesses are required to have a Conditional
Use Permit and Business License. Home businesses must meet all 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), and 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 (100%) percent of an accessory structure.
4.Up to four (4) non-related employees may be allowed.
5.Childcare may have up to twelve (12) children. (The care of additional
children shall constitute a Commercial Daycare Center.)
6.The home must be owner/leasee occupied.
Page 30
AYE NAY ABSENT ABSTAIN
Councilmember Robert Chambers
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
Councilmember Eric Erickson
Councilmember David Reeser
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL
_______________________________.
Presiding Officer Attest
Jerry L Merrill, Rexburg Mayor, City
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg