HomeMy WebLinkAbout2a Ord_Daycares March 2025 clean copy 6.16.25Page 1
CIT Y OF R EX BU RG
ORD IN AN CE D AY C A R ES MAR CH 2025
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 “1.04.030 Conditional Use Permits” of the
Rexburg Development Code is hereby am ended 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 w ith adjacent properties and the
neighborhood, the relationship of the proposed use to the C omprehensive Plan, and
the effects of the follow ing on the adjoining property: noise, glare, traffic generated,
vibration, odor, fumes, drainage, building height, massing, and solid waste.
B.Studies. The Commission or C ouncil 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 U se Permit, at least one public hearing shall be
held. (See subsection 1.03.070.)
D.Authority of Commission to Review C onditional U se Permits. The Planning and
Zoning Commission may, without approval of the Council, grant the follow ing
Conditional Use Permits (C.U .P.): Conditional U se Permits: Churches, synagogues,
and temples
Funeral and crematory services G overnment buildings Home occupations (See
subsection 4.00.040.) Household goods w arehousing and storage Parks R educed
parking space size in parking structures
1.A ll other Conditional Use Permits may only be granted after review and
recommendation by the Commission and approval by the City Council.
E.Standards for A pproval. 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 follow ing:
1.Be L isted as C onditional Use. Constitute a conditional use as established in
this Development Code.
2.C omprehensive Plan. Be in accordance w ith a specific or general objective
of the city’s Comprehensive Plan and the regulations of this Ordinance.
3.Harmony w ith A djacent. Be designed and constructed in a manner to be
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harmonious w ith the existing character of the neighborhood and the zone in
w hich the property is located.
4.N uisance. N ot 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 w aste, excessive traffic generation, or
interference w ith pedestrian traffic.
5.Public Facilities and Services. The use w ill 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. N ot generate traffic in excess of the capacity of public streets or
access points serving the proposed use and w ill 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 w ith 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 C onditions 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.A ssuring the development is properly maintained.
5.D esignating 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
O rdinance.
G.Action by the Commission/Council. (See subsection 1.03.090.)
H.Formal Notice. Formal notice w ill be sent to applicant after approval of a Conditional
Use Permit.
1.N otice w ill 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 w ith the terms may result in revocation
of the Conditional Use Permit.
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SECTION 2: A MEND MEN T “C” of the R exburg D evelopment Code is
hereby am ended as follows:
A M E N D M E N T
C
C abana: A stationary, lightw eight structure w hich may be prefabricated or demountable, with
two or more w alls, used adjacently to and in conjunction w ith a manufactured/mobile home.
C ampground: A n area or tract of land on w hich accommodations for temporary occupancy
are located or may be located, including cabins, tents, and major recreational vehicles or
equipment, and w hich is used primarily for recreational purposes and retains an open air or
natural character. C arport: A stationary structure consisting of a roof w ith its supports and not
more than one w all used for sheltering a motor vehicle. C ar Wash: An area of land and/or a
structure with a machine or hand-operated facility used principally for the cleaning, w ashing,
polishing, or waxing of motor vehicles. Child C are Facility: (See D aycare C enters.) C ity:
City of Rexburg City Clerk: The Clerk of the City C ity Engineer: A n Idaho registered,
professional engineer designated by the City to represent the C ity’s engineering interests. C ity
Engineering Standards: R efers to the most recent C ity of R exburg 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.) C ity Impact
A rea: That unincorporated area contiguous to the Rexburg City Limits officially adopted as
the “A rea 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
D irector, the City Engineer, the Economic Development D irector, the G IS D irector and the
City A ttorney. C ommercial C luster, Substantial: A group of commercial businesses that
include a grocery store, restaurant, and bank as a minimum, along w ith other various retail and
services. The buildings that comprise the cluster shall be w ithin a three (3) block area.
C ommercial D aycare Center: A building or structure w here care, protection, and supervision
are provided on a regular schedule, at least three times a week for thirteen (13) or more
children.
C ommercial Structures, L arge Scale: Structures that are tw enty-five-thousand (25,000)
square feet in size and larger. This includes commercial retail and business office buildings.
C ommission: The Rexburg City Planning and Zoning Commission hereinafter referred to as
Commission. C ommon Area: That area which is held in common ow nership by ow ners of
land w ithin the platted area. Comprehensive Plan: The Comprehensive Plan for the City of
Rexburg, or parts thereof, projecting future grow th and development and for the general
location and coordination of streets and highw ays, schools and recreation areas, public
building sites and other facilities, which shall have been duly adopted. This plan shall comply
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w ith the Idaho C ode as adopted or amended. (See Com prehensive Plan.) C onditional
A pproval: An affirmative action by the C ommission indicating the approval is given subject
to certain specified stipulations. C onditional U se Permit: A special use permit as provided for
by Idaho Section 67-6512 in w hich a use that, ow ing to some special characteristics such as
traffic or noise generation, parking needs, access, building size, lighting, consistency w ith
developed uses in the area, or other characteristics of operation, is permitted in certain districts
subject to approval by the Planning and Zoning C ommission or the City Council, subject to
terms and conditions, depending upon the particular use. C ondominium: A multi-family
dw elling where the units can be sold individually, but the building/structure and common areas
remain under a single ownership.
C onvenience Store: A ny 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. C opy: A ny combination of
letters or numbers that are intended to inform, direct or otherwise transmit information.
C ouncil: The Rexburg C ity Council hereinafter referred to as the C ouncil. C ounty
C ommission: The Madison County B oard of Commissioners. County Engineer: An Idaho
Registered Professional Engineer or consulting Engineering firm designated by the County
Commission to represent the C ounty’s engineering interests.
SECTION 3: 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
D aycare: Where care, protection, and supervision are provided for children on a regular
schedule, at least three (3) times a w eek. (See subsection 4.00.040 Hom e O ccupations.)
D aycare, C ommercial: See C omm ercial D aycare Center
D aycare Facility: A building or structure where care, protection, and supervision are provided
on a regular schedule, at least three times a w eek for seven (7) to tw elve (12) Facility can be
stand-alone or in-home. children.
D aycare, Family Home: See Fam ily H ome Daycare
D edication: 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 dwelling units per acre, excluding required public rights-of-w ay from acreage
determination. D .E .Q: The State of Idaho Division of Environmental Q uality 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. D evelopment: A ny 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 w orks that is performed or authorized
by the owner thereof pursuant to lawful 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.
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
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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 its garage, or a detached building, located on the parcel w here the
owner resides.
SECTION 4: A MEND MEN T “F” of the Rexburg D evelopment Code is
hereby am ended 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 dw elling unit and living as a single, nonprofit housekeeping unit,
provided that at least one of the follow ing situations exist:
A.At least one of the group is related to all of the other members of the group w ithin the
third degree of kinship;
B.The group is divisible into tw o subgroups, each composed of at least one person w ho
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
Am endm ents of 1988, or any subsequent amendments to the foregoing regulations.
Family Home D aycare: 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 few er children. (See
subsection 4.00.040 Hom e O ccupations.)
F.C.C.: Federal Communications C ommission. Feedlot: A ny area w here one-thousand
(1,000) head or more of livestock are confined for a period of one (1) year or more.
Fence: A ny tangible barrier, lattice w ork, screen, w all, hedge, or continuous grow th 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 w indow s 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 w eather
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 w ith light. Flood Plain: Those areas designated as Zone
A or A E as show n on the current Flood Insurance R ate Map (FIRM) as prepared by N ational
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. A O characterized
as sheet flow and A G 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. D esignation on maps alw ays includes the letter A.
C.Base Flood Elevation: (BFE)" the computed elevation to w hich flood w ater is
anticipated to rise during the “Base Flood.” The Base Flood Elevation (B FE) is
depicted on the FIR M to the nearest foot and in the FIS to the nearest 0.1 foot.
D.Channel: A natural or artificial w atercourse of perceptible extent, w ith definite bed
and banks to confine and conduct continuously or periodically flow ing w ater.
E.Flood: The temporary inundation of land by overflow from a river, stream, lake, or
other body of standing w ater. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal w aters
and/or the unusual and rapid accumulation of runoff or surface w aters from any
source.
F.Flood Insurance R ate Map (FIRM): The official map on w hich the Federal
Insurance A dministration 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 Floodw ay 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 w ithout cumulatively
increasing the w ater 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 w ill include those
portions of the flood plain which w ill be inundated but w hich may be developed for
use under land use regulations w ithout material effect upon the flood w ater carrying
capacity of the flood w ay and the flood w ater levels. Such areas are characterized by
shallow flood depths and low velocities of water flow.
J.Flood Protection Elevation (FPE ): A s defined in Idaho Code §46-1021 (7), an
elevation that shall correspond to the elevation of the one percent (1%) percent chance
annual flood B FE, 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 A rea, 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
w alls. Floor, Low est: The low est floor of the low est 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
A merican 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 w ith 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, w hich property line abuts a legally accessible street right-of-w ay 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,
allow ing no direct light above the horizontal.
SECTION 5: A MEND MEN T “3.08.010 Permitted Uses In Residential
Zones” of the Rexburg D evelopment C ode is hereby am ended as follow s:
A M E N D M E N T
3.08.010 Permitted Uses In Residential Zones
Permitted Uses In Residential Zones
U se Categories U ses R R
1
R R
2
L D
R1
L D
R2
LD
R 3
M
D R
1
M
D R
2
HD
R1
HD
R 2
A CCESSORY
A ccessory Livestock P P P P P
A ccessory Sw imming
Pool P P P P P P P P P
A ccessory Dw elling
U nit
CU
P
CU
P
C U
P
A ccessory Building P P P P P P P P P
A ccessory Home
B usiness
CU
P
CU
P
C U
P
C U
P
CU
P
Page 9
A ccessory Home
O ccupation
P P P P P P P P P
REN TAL, SHO RT-
TERM,
TR A N SIEN T
LIV ING
Short-term Rental P*P*P*P*P*P P P P
G RO U P LIV IN G
WITH A SSISTA N CE
A ssisted & R esidential
C are Facility
CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P P P
G roup Home
(Disabled & Elderly)
(8 and few er residents)
P P P P P P P P P
R esidential Facility for
Elderly Persons
(greater than 8
residents)
CU
P
CU
P
C U
P
CU
P
Sanitariums,
C onvalescent & R est
H omes
C U
P
CU
P
RESIDEN TIAL
Single-Family
D welling D etached P P P P P
Single-Family
D welling A ttached
(except townhomes)
P P
Single-Family
D welling A ttached (3
or more units)
P P P P P
Multi-Family
D welling P P P P
D ormitory CU
P
CU
P
C U
P
CU
P
Manufactured
H ousing Communities CU
P
REC REATIO N
&
A thletic Fields CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P
C U
P
CU
P
D og Parks CU
P
CU
P
C U
P
CU
P
G olf C ourses CU CU C U C U CU
Page 10
EN TERTAINMEN T P P P P P
Parks & Playgrounds
CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P
C U
P
CU
P
R ecreation C enters CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P
C U
P
CU
P
SCH OO LS
C ommercial D aycare
C enter (13 or more
children)
CU
P
CU
P
C U
P
CU
P
D aycare Facility
(betw een 7 and 12
children, 3 or more
times a w eek)
CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P
Family H ome D aycare
(6 or less children, 3
or more times a week)
P*
*
P*
*
P*
*
P*
*
P*
*P P P P
Schools (Pre-K - 12)CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P
C U
P
CU
P
A SSEMB LY-
DECEA SED
C emeteries CU
P
CU
P
C U
P
C U
P
CU
P
C hurches,
Synagogues, Temples
& Missions
CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P
C U
P
CU
P
TRAN SPO RTATION
A utomobile Parking
Lots & G arages
(Stand-alone)
CU
P
CU
P
C U
P
CU
P
U TILITIES & FU EL
R ight of Way (combo,
electric transmission,
gas pipeline,
sewage, w ater
pipeline, storm drain)
P P P P P P P P P
Public Facilities P P P P P P P P P
U tilities (Rocky
Mountain Pow er,
Intermountain Gas,
etc.)
CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P
C U
P
CU
P
Water Storage CU
P
CU
P
C U
P
C U
P
CU
P
CU
P
CU
P
C U
P
CU
P
Page 11
*For Short-Term Rental restrictions, see subsection 4.00.025
SECTION 6: A MEND MEN T “3.08.020 Permitted Uses In Commercial
Zones” of the Rexburg D evelopment C ode is hereby am ended as follow s:
A M E N D M E N T
3.08.020 Permitted Uses In Commercial Zones
Permitted Uses In Commercial Zones
Use
C ategories U ses MU C B
C
R B
C
R B
D L I HI
A GR IC U LT
U RA L
A griculture Packaging CU P P
A griculture Processing CU P P
A griculture Product & Input Sales C UP CUP P P
Farm & C onstruction Vehicles,
Equipment & Supplies C UP CUP P P
A CCESSO
RY
A ccessory B uilding P P P CUP P P
A ccessory D welling U nit CU P CU P
A ccessory H ome Occupation P
A ccessory Sw imming Pool P
RENTA L,
SH ORT-
TERM,
TRAN SIEN
T LIV IN G
Short-term Rental P
H otels, Motels P P P CU P
Campgrounds, RV Campsites & Travel,
Tiny Homes on Wheels C UP
G RO U P
LIV IN G
WITH
A SSISTA N
CE
A ssisted & Residential Care Facility P
G roup H ome (D isabled & Elderly)(8
and few er residents)P
Residential Facility for Elderly Persons
(greater than 8 residents)CU P C UP
Sanitariums, Convalescent, & Rest
H omes CU P C UP
R ESIDEN T
Single-Family D welling A ttached (3 or
more units)P
Page 12
IA L Multi-Family D welling P
D ormitory CU P
RECREATI
O N &
ENTERTAI
N MEN T
A thletic C lubs, Body Building Studios,
A erobic Centers & Gymnasiums P P P CU P
A musement Parks C UP CUP
A thletic Fields CU P C UP
Commercial Pools CU P P P
D og Parks CU P C UP
D rive-In Movies C UP
Event Center (D ancing, Conferences,
Performances)CU P P P
G o-Car, 4-Wheeler Tracks C UP CUP
G olf Driving R anges P
Ice Skating (Commercial)CU P P P
Indoor A musement (Pool H alls,
Bowling Alleys, Indoor Golf, etc.)CU P P P
Museums and A rt G alleries, C ultural
A ctivities P P P
Parks & Playgrounds CU P P
Recreation Centers P P P
Riding Stables (A nimals are housed
also) C UP
Roller Skating CU P P P
Spas P P P
Sports Stadiums, A renas & Field Houses C UP
Theatres (A uditoriums, Performing &
Motion Pictures)CU P P P
SCH O O LS
D aycare Facility (Betw een 7 and 12
children, 3 or more times a w eek)CUP CU P CU P
Commercial Daycare Center (13 or more
children)P P P P P
Family H ome Daycare (6 or less
children, 3 or more times a w eek)P P P CUP
Page 13
Schools (Pre-K - 12)CU P P P
Special Training (Fire, Police, etc.) CU P
Technical Schools & Vocational Schools CU P C UP CUP CU P
A SSEMB L
Y-
D ECEA SE
D
Churches, Synagogues, Temples, &
Missions CU P C UP
Funeral Parlor (Mortuary) & Crematory P CUP
TRA NSPO
RTATIO N
A utomobile Parking Impound Yards
(Stand-alone) C UP P
A utomobile Parking Lots & G arages
(Stand-alone)P P P P P
A utomobile Repair & Maintenance P P P
A utomobile Sales & Rental P**P P
Bus G araging & Equipment
Maintenance C UP P P
Bus Passenger Terminals P P P
Freight Garaging & Maintenance P P
Freight Terminals C UP P P
H elipad C UP CUP CU P CU P
Railroad Yards P P
Truck & Bus Sales C UP P P P
Truck & Trailer R entals (no drivers) C UP CUP P P
Truck Repair C UP P P
A N IMA LS
A nimal Grooming CU P P P P
Commercial Kennels C UP CU P
Veterinarian Services (Large A nimal
w ith O utdoor Facilities) C UP CU P
Veterinarian Services (Small A nimal
Indoor O nly)
CU P
*P P P
Bakeries & Doughnut Shops P P P CUP P
Candy, Nut & C onfectionery P P P CUP P
Canning - Fruits, Vegetables, Preserves,
Jams, Specialty, etc. CU P P
Page 14
FO O D &
D RIN K
Eating Places (w ith a Drive Through)CU P P P
Eating Places (w ithout a D rive Through)P P P
Food & K indred Products (Except meat
packing, animal & marine fats & Oils) P P
Food Lockers P P
G rocery Stores CU P P P
Liquor Stores P P
Mobile Vending Court CU P C UP CUP CU P
O FFICE-
TYPE
BUSIN ESS
Banks & Credit U nions CU P P P
Call C enters CU P P P
Commercial Printing P P P P
Professional Services Office
(A ccounting, Financial, Insurance,
Legal, Real Estate, etc.)
P P P
Scientific Research & Testing
(Laboratory)CU P P P P
Wedding Chapels & Reception Centers P P CUP
Welfare & Charitable Services P P P
MED IC A L
&
EMERGEN
CY
A mbulance & Fire Services CU P C UP CUP CU P
Behavior, Drug & A lcohol Treatment C UP CUP
H ospitals, Operations Centers, O ut-
Patient Medical CU P C UP CUP
Medical Laboratories CU P P P P
Pharmacy & Medical Supplies P P P
Physicians & D ental O ffices P P P
G O V ERN M
EN T
G overnmental Services P P P
Libraries P P P
Police Protection & Related Activities
O ffice P P P
Postal Services P P
B UILD IN G
Building & Construction Supplies Retail
(N o Storage Yard)P P P P P
Page 15
&
CON STR U
CTION
Building & Construction Supplies Retail
(w ith Storage Yard) C UP CUP P P
Concrete Mix Plant; Asphalt H ot Plant CU P
STO RA GE
H ousehold Good Storage CU P C UP P
Refrigerated Warehousing C UP P P
Warehousing & Storage Industrial
Services CU P P
SHO PPING
A ntiques P P P
A uction H ouses C UP CUP
A uction yard CU P P
Beauty & Barber Shops & Supplies P P P P
Professional, Scientific & Controlling
Instruments, & Supplies CU P P P P
Equipment Rental & Leasing (Including
O utside Storage) C UP CUP P
Equipment Rental (Indoor Only)P P P P
Lawn & Garden Supplies (Nursery
stock, Equipment, Tools, Greenhouse,
Yard Art, etc.)
CU P P P P
G as, Bottled (LP Exchange & Refill) P P P
G asoline Service Stations CU P P P P CU P
G eneral Merchandise (D epartment,
D iscount, Variety, etc.)P P P
H ardw are P P P P
H orticulture & Plant N urseries P P P
Janitorial Supplies CU P P P P P
Locksmiths & K ey Shops P P P
Machinery Retail (R obotics, Machine
Tools, Manufacturing Equipment, etc.) C UP CUP P P
Manufacturing of Apparel &
A ccessories (except leather tanning &
finishing)
P P
Musical Instruments P P P
Page 16
Paw n Shops (N o O utside Storage) C UP
Petroleum & LP Bulk Stations &
Terminals C UP CUP CU P P
Recreational Vehicles, Parts &
A ccessories CU P P P P
Shopping Centers CU P P P
Thrift Store & Second-Hand
Merchandise (No Outside Storage)CU P P CUP
MINO R
A SSEMB L
Y
& OTH ER
IN N O C U O
US
MAN UFA C
TU RIN G
G unsmith P P P
Industrial Laundry CU P P
D ry C leaning CU P P P
Laundry, Pressing, Alteration &
G arment Repair P P P
Minor Manufacturing & A ssembly
(Small Item) C UP P
Photographic Studio, Supplies &
Equipment P P P
Pottery & Related Products C UP P
Repair Services CU P P CUP P P
H EAV Y
MAN UFA C
TU RIN G &
Bottling & Canning, Soft Drinks &
Carbonated Water P P
Explosives CU P
Fire A rms & A mmunition CU P CU P
Fire Works CU P
G lass, Flat, Pressed CU P P
Industrial Inorganic Chemicals (includes
air separation) CU P
Foundries (Refining & Extruding of
Metals) CU P
Junk Dealers, Salvage O perations, Waste
Material & Scrap CU P
Leather Tanning & Finishing P
Matches P
Page 17
REC Y C LIN
G
Metal Working Machinery & Equipment
(tool & dye shops, machine shops)
C UP P
Miscellaneous Fabricated Rubber
Products CU P P
N on-clay Refractories P
N uclear Energy CU P
Paper & A llied Products (Except Pulp) P
Plastic Materials, Synthetic R esins &
N on-vulcanizable Elastomers CU P CU P
Printing Ink P P
Recycle Center CU P
Textile Mill Products (no tire cord &
fabric) P P
Tire C ord & Fabric P
U TILITIES
& FUEL
Electric G eneration Plants (conventional
fuel including hydroelectric, solar, etc.) CU P
Refuse D isposal CU P CU P
Right of Way (combo, electric
transmission, gas pipeline, sew age,
w ater pipeline, storm drain)
P P P P P P
Public Facilities P P P P P P
Spreading G rounds (for percolating
w ater into underground) C UP CUP CU P
Storage Yards (Utility) P P
U tilities (Rocky Mountain Power,
Intermountain G as, etc.)CU P C UP CUP CU P CU P
Waste Water Treatment Plants, Sludge
D rying Beds, etc. CU P CU P
Water Storage CU P C UP CUP CU P CU P
Water Treatment Plants (Purification) CU P
* See conditions in 5.01.020 Mixed U se Permitted U ses
**See conditions in 6.01.020 Com mercial Business Center Perm itted U ses
Page 18
SECTION 7: A MEND MEN T “3.08.030 Permitted Uses In O ther Zones” of
the R exburg Development Code is hereby am ended as follows:
A M E N D M E N T
3.08.030 Permitted Uses In O ther Zones
Permitted U ses In Other Zones
Use C ategories U ses TA
G U D PF OS
AG RICU LTURAL A griculture Farming & Ranching P P
AC CESSO RY
A ccessory Livestock (N o more
than ten (10) per acre)P
A ccessory Sw imming Pool P
A ccessory D welling U nit C U
P
A ccessory B uilding P P P
A ccessory H ome Business C U
P
A ccessory H ome O ccupation P
REN TA L, SH ORT-TERM,
TRA NSIEN T LIV IN G
Short-term R ental P
H otels, Motels CU
P
Campgrounds, RV Campsites &
Travel CU
P
GR O U P LIV IN G
WITH A SSISTA N CE
G roup H ome (D isabled &
Elderly)(8 and fewer residents)P
RESID EN TIA L
Single-Family D w elling Detached P
Multi-Family D welling CU
P
D ormitory CU
P
A thletic C lubs, Body Building
Studios, A erobic C enters &
G ymnasiums
P
Page 19
R ECR EATIO N &
EN TERTA IN MENT
A thletic Fields
C U
P P P
Commercial Pools P P
D og Parks CU
P
Event Center (Dancing,
Conferences, Performances) P CU
P
Fairgrounds P
G olf Courses C U
P P
G olf D riving R anges P
Ice Skating (Commercial)P P
Indoor A musement (Pool Halls,
Bowling Alleys, Indoor Golf, etc.) P
Museums, A rt G alleries, C ultural
A ctivities P P
N ature Exhibits P CU
P
Parks & Playgrounds P P
Recreation Centers C U
P P P
Riding Stables (A nimals are
housed also) CU
P
Roller Skating P CU
P
Skate Park CU
P
Spas P
Sports Stadiums, A renas & Field
H ouses CU
P
CU
P
Theatres (A uditoriums,
Performing & Motion Pictures) P P
Commercial D aycare Center (13
or more children) P
Page 20
SC H O O LS
D aycare Facility (between 7 and
121212more children, 3 or more
times a w eek)
C U
P
P
Family H ome Daycare (6 or less
children, 3 or more times a week)P**P
Schools (Pre-K - 12)C U
P P P
Special Training (Fire, Police, etc.) CU
P P
Technical Schools & Vocational
Schools P CU
P
U niversity, College, Junior
College, Professional School
Education
P P
ASSEMBLY-DECEA SED
Cemeteries C U
P CU
P
Churches, Synagogues, Temples
& Missions
C U
P P
Funeral Parlor (Mortuary) &
Crematory CU
P
TRA NSPORTATIO N
A ircraft Manufacturing &
A ssembling (in or adjacent to an
airport)
CU
P
A irports CU
P
A utomobile Parking Lots &
G arages (Stand-alone) P P
A utomobile R epair &
Maintenance P
Bus G araging & Equipment
Maintenance P CU
P
Bus Passenger Terminals P
Freight G araging & Maintenance P
Freight Terminals P
H elipad CU
P
CU
P
Page 21
A N IMA LS
A nimal Grooming C U
P
Commercial K ennels
C U
P
Veterinarian Services (Large
A nimal with Outdoor Facilities) CU
P
Veterinarian Services (Small
A nimal Indoor O nly) CU
P
FO O D & D RIN K
Bakeries & Doughnut Shops P
Candy, N ut & Confectionery P
Eating Places (w ith a D rive
Through) P
Eating Places (R estaurants) P
Food Lockers P
Mobile Vending Court CU
P
CU
P
OFFIC E-TY PE BU SIN ESS
Professional Services Office
(A ccounting, Financial, Insurance,
Legal, Real Estate, etc.)
P
Scientific R esearch & Testing
(Laboratory) P
Wedding Chapels & Reception
Centers P
Welfare & Charitable Services P
MED IC A L & EMERG EN CY
A mbulance & Fire Services CU
P
CU
P
Behavior, D rug & A lcohol
Treatment CU
P
H ospitals, Operations Centers,
O ut-Patient Medical CU
P P
Medical Laboratories P
Pharmacy & Medical Supplies P P
Physicians & D ental O ffices P
G overnmental Services P
Page 22
G O V ERN MEN T
Libraries P P
Police Protection & R elated
A ctivities O ffice P P
Postal Services P P
STO RA GE
Refrigerated Warehousing P
Warehousing & Storage Industrial
Services P
SHO PPING
Beauty & Barber Shops &
Supplies P
Professional, Scientific &
Controlling Instruments &
Supplies
P
Equipment Rental (Indoor O nly) P
G eneral Merchandise
(D epartment, D iscount, Variety,
etc.)
P
H orticulture & Plant Nurseries P
Musical Instruments P
MINO R ASSEMBLY &
OTH ER INN OC U O U S
MA N U FA CTU R IN G
Photographic Studio, Supplies &
Equipment P
Pottery & Related Products P
H EAV Y MA NU FAC TUR IN G &
RECYC LIN G
Central Garbage Grinding Stations
& Composting Plants CU
P
Mining & Quarrying CU
P
N uclear Energy CU
P
Electric Generation Plants (
conventional fuel including
hydroelectric, solar, etc.)
CU
P
N uclear Modular Reactor CU
P
Refuse D isposal CU
P
Right of Way (combo, electric
Page 23
U TILITIES & FUEL
transmission, gas pipeline,
sew age, w ater pipeline, storm
drain)
P P P P
Public Facilities P P P P
Spreading Grounds (For
percolating water into
underground)
CU
P
Storage Yards (U tility) P P
U tilities (Rocky Mountain Power,
Intermountain Gas, etc.)
C U
P
CU
P
CU
P
CU
P
Waste Water Treatment Plants,
Sludge D rying Beds, etc. CU
P
Water Storage C U
P
CU
P P CU
P
Water Treatment Plants
(Purification) CU
P
SECTION 8: A MEND MEN T “4.00.040 Home O ccupation” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
4.00.040 Home O ccupation
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
H ome Occupation Permit or license as required by the type of home occupation desired. A ny
business must be registered w ith the State of Idaho to obtain an EIN number and the City of
Rexburg.
A.Process Requirements
1.Submit A pplication
2.Payment of a permit fee
3.Regulation Compliance
4.CUP Process (If needed)
5.Permit Issued
B.Standard R egulations. A ll H ome Occupations and Businesses, w hether permitted or
Page 24
conditional, must adhere to the follow ing standard regulations.
1.A ccessory U ses. In all residential zones, home occupations in compliance
w ith the following regulations are permitted as accessory uses.
2.A ppearance. There shall be no change in the outside appearance of the
dw elling or premises or any visible evidence of the conduct of a home
occupation.
3.Boss. The home occupation shall be conducted by the applicant, w ho shall
reside on the premises.
4.D isplay. There shall be no display of products visible in any manner from the
outside of the dw elling.
5.Impact. The home occupation shall not constitute a significant impact on
neighborhoods.
6.In Dw elling or A ccessory. A home occupation shall be conducted entirely
w ithin 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.N uisance. N o equipment or process shall be used in a home occupation
w hich 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 U tilities. No home occupation shall cause an increase in the use of any
one or more public utilities (w ater, sew er, and garbage collection) so that the
combined total use for dw elling 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 dw elling.
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 E xamples
Beauty Salon
Computer programming
Childcare may have up to six (6) children at any one time. (The care of additional
children shall constitute a H ome Business or C omm ercial D aycare Center.)
Home cooking, baking and preserving
Home crafts w ithout on premise sales
Individual tutoring
Painting
Page 25
Piano or Music training
Sculpturing
Secretarial service
Sewing and tailoring
Telephone solicitation work and answ ering services
Writing
Other uses as approved by the Planning and Zoning A dministrator or designee.
D.Permitted Use R egulations. A home occupation, which meets the standard
regulations and the following conditions shall be issued a permit by the C ity Clerk,
upon application and payment of a permit fee, provided that the home occupation is
conducted by the applicant:
1.A dvertising. N o commercial telephone directory listing, new spaper, radio, or
television service shall be used to advertise the location of a home occupation
to the general public.
2.A rea. A home occupation shall be conducted entirely w ithin a dwelling and
shall not occupy more than twenty (20%) percent of the floor area of the
residence.
3.D elivery 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 U nited 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. N o 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 dw elling unit or on the premises at
any one time. N o more than (2) tw o sessions shall be held daily. The home
must be ow ner/leasee occupied.
6.Motors. N o motor power other than electrically operated motors shall be used
in connection w ith a home occupation. H ome 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 U ses. A home occupation w hich does not comply w ith 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
follow ing regulations:
1.A rea. More than the equivalent of tw enty-five (25%) percent of the floor area
of the residence shall not be associated w ith the home occupation.
2.D elivery. The home occupation shall not involve the use of commercial
vehicles w ith more than six (6) w heels for delivery of materials to or from the
Page 26
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. N o one other than the residents of the dw elling shall be employed
in the conduct of the home occupation.
4.Hours. No home occupation shall be conducted betw een the hours of 9:00
p.m. and 7:00 a.m.
5.Parking. The use shall not require more than tw o (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 w ithin fifteen (15) days of the date of the written notice.
H.Home Business R equirements. H ome businesses are required to have a Conditional
Use Permit and Business License. H ome businesses must meet all the requirements of
the previous H ome O ccupations subsection w ith the follow ing exceptions:
1.A ll H ome Business applications require a Conditional U se Permit (C U P).
2.H ome businesses are allow ed only in the following zones: Transitional
A griculture (TA G ) , Rural Residential 1 (RR 1), and Rural Residential 2
(RR2), Low Density R esidential 1 (LDR1), Low Density R esidential 2
(LD R2) and Low Density Residential 3 (LD R3).
3.A home business may be allow ed in up to tw enty-five (25%) percent of the
primary residence or one-hundred (100%) percent of an accessory structure.
4.U p to four (4) non-related employees may be allow ed.
5.Childcare may have up to twelve (12) children. (The care of additional
children shall constitute a Com mercial D aycare Center.)
6.The home must be ow ner/leasee occupied.
Page 27
AY E N AY A BSE N T AB STA IN
Councilmember Robert Chambers
Councilmember Colin Erickson
Councilmember Mikel Walker
Councilmember Bryanna Johnson
Councilmember Eric Erickson
Councilmember David R eeser
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