HomeMy WebLinkAbout2b Ord_Daycares March 2025 with changes 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.): C onditional Use Permits: Bed & Breakfast
Boarding houses Churches, synagogues, and temples D ay care centers
Developments w ith four (4) or less dw elling units Funeral and crematory services
Government buildings H ome occupations (See subsection 4.00.040.) H ousehold
goods w arehousing and storage N ursery Schools Parks Reduced 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
Page 2
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.
SECTION 2: A MEND MEN T “C” of the R exburg D evelopment Code is
hereby am ended as follows:
Page 3
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
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
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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 C enters: A building or structure w Where care, protection, and supervision are
provided for children on a regular schedule, at least three (3) times a w eek for seven (7) or
more children. (See subsection 4.00.040 H ome Occupations.)
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) children. Facility
can be stand-alone or in-home.
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
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
Page 5
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
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.
Page 6
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.
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.
Page 7
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
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,
Page 8
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
Use C ategories U ses R R
1
R R
2
LD
R 1
LD
R2
L D
R3
M
DR
1
M
D R
2
HD
R 1
HD
R 2
A CCESSO RY
A ccessory Livestock P P P P P
A ccessory Swimming
Pool P P P P P P P P P
A ccessory Dw elling
U nit
CU
P
CU
P
CU
P
A ccessory Building P P P P P P P P P
A ccessory Home
Business
CU
P
CU
P
CU
P
CU
P
C U
P
A ccessory Home
O ccupation P P P P P P P P P
R ENTA L, SH ORT-
TER M,
TRA N SIEN T
LIV IN G
Short-term Rental P*P*P*P*P*P P P P
Page 9
GR O U P LIVIN G
WITH ASSISTA NCE
A ssisted & R esidential
Care Facility
CU
P
CU
P
CU
P
CU
P
C U
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
Residential Facility for
Elderly Persons
(greater than 8
residents)
CU
P
CU
P
CU
P
CU
P
Sanitariums,
Convalescent & R est
H omes
CU
P
CU
P
RESID EN TIA L
Single-Family
D w elling Detached P P P P P
Single-Family
D w elling Attached
(except townhomes)
P P
Single-Family
D w elling Attached (3
or more units)
P P P P P
Multi-Family
D w elling P P P P
D ormitory CU
P
CU
P
CU
P
CU
P
Manufactured
H ousing C ommunities C U
P
RECREATION
&
ENTERTA IN MENT
A thletic Fields CU
P
CU
P
CU
P
CU
P
C U
P
CU
P
CU
P
CU
P
CU
P
D og Parks CU
P
CU
P
CU
P
CU
P
G olf C ourses CU
P
CU
P
CU
P
CU
P
C U
P
Parks & Playgrounds CU
P
CU
P
CU
P
CU
P
C U
P
CU
P
CU
P
CU
P
CU
P
Recreation Centers CU
P
CU
P
CU
P
CU
P
C U
P
CU
P
CU
P
CU
P
CU
P
Page 10
SCH OO LS
Commercial D aycare
Center (13 or more
children)
CU
P
C U
P
CU
P
C U
P
D aycare Facility Care
Centers (betw een 7
and 12or more
children, 3 or more
times a w eek)
CU
P
CU
P
CU
P
CU
P
C U
P
CU P
P
CU P
P P P
N ursery
SchoolsFamily H ome
D aycare (6 or less
children, 3 or more
times a w eek)
CU P
**
C U P
**
C UP
**
CUP
**
CUP
**P P P P
Schools (Pre-K - 12)CU
P
CU
P
CU
P
CU
P
C U
P
CU
P
CU
P
CU
P
CU
P
A SSEMBLY-
D ECEA SED
Cemeteries CU
P
CU
P
CU
P
CU
P
C U
P
Churches,
Synagogues, Temples
& Missions
CU
P
CU
P
CU
P
CU
P
C U
P
CU
P
CU
P
CU
P
CU
P
TRA NSPO RTATIO N
A utomobile Parking
Lots & G arages
(Stand-alone)
CU
P
CU
P
CU
P
CU
P
U TILITIES & FU EL
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
U tilities (R ocky
Mountain Pow er,
Intermountain G as,
etc.)
CU
P
CU
P
CU
P
CU
P
C U
P
CU
P
CU
P
CU
P
CU
P
Water Storage CU
P
CU
P
CU
P
CU
P
C U
P
CU
P
CU
P
CU
P
CU
P
*For Short-Term Rental restrictions, see subsection 4.00.025
**Perm itted with Administrative Approval
Page 11
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
U se
Categories U ses MU C B
C
R B
C
RB
D LI HI
A G RICU LT
URAL
A griculture Packaging CU P P
A griculture Processing CU P P
A griculture Product & Input Sales C U P CUP P P
Farm & Construction Vehicles,
Equipment & Supplies C U P CUP P P
A CCESSO
RY
A ccessory B uilding P P P CU P P P
A ccessory D welling U nit CU P C U P
A ccessory H ome O ccupation P
A ccessory Sw imming Pool P
REN TA L,
SHO RT-
TER M,
TRA NSIEN
T LIV IN G
Short-term R ental P
H otels, Motels P P P CU P
Campgrounds, RV Campsites & Travel,
Tiny H omes on Wheels C U P
GR O U P
LIV ING
WITH
A SSISTAN
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)CUP C U P
Sanitariums, Convalescent, & R est
H omes CUP C U P
RESID ENT
IA L
Single-Family D w elling Attached (3 or
more units)P
Multi-Family D welling P
Page 12
D ormitory CUP
R ECR EATI
ON &
EN TERTA I
N MEN T
A thletic C lubs, Body Building Studios,
A erobic C enters & Gymnasiums P P P CU P
A musement Parks C U P CUP
A thletic Fields CUP C U P
Commercial Pools CUP P P
D og Parks CUP C U P
D rive-In Movies C U P
Event Center (Dancing, Conferences,
Performances)CUP P P
G o-Car, 4-Wheeler Tracks C U P CUP
G olf D riving R anges P
Ice Skating (Commercial)CUP P P
Indoor A musement (Pool Halls,
Bowling Alleys, Indoor Golf, etc.)CUP P P
Museums and Art G alleries, Cultural
A ctivities P P P
Parks & Playgrounds CUP P
Recreation Centers P P P
Riding Stables (A nimals are housed
also) C U P
Roller Skating CUP P P
Spas P P P
Sports Stadiums, A renas & Field
H ouses C U P
Theatres (A uditoriums, Performing &
Motion Pictures)CUP P P
SC H O O LS
D aycare Facility Care C enters
(Between 7 and 12 or more children, 3
or more times a w eek)
P P P CU P CU P C U P
Commercial D aycare Center (13 or
more children)P P P P P
N ursery SchoolsFamily H ome Daycare
(6 or less children, 3 or more times a
Page 13
w eek)P P P CU P CU P C U P
Schools (Pre-K - 12)CUP P P
Special Training (Fire, Police, etc.) CU P
Technical Schools & Vocational
Schools CUP C U P CUP CU P
A SSEMBL
Y-
D EC EASE
D
Churches, Synagogues, Temples, &
Missions CUP C U P
Funeral Parlor (Mortuary) & C rematory P CUP
TR A N SPO
RTATION
A utomobile Parking Impound Yards
(Stand-alone) C U P P
A utomobile Parking Lots & Garages
(Stand-alone)P P P P P
A utomobile R epair & Maintenance P P P
A utomobile Sales & Rental P**P P
Bus G araging & Equipment
Maintenance C U P P P
Bus Passenger Terminals P P P
Freight G araging & Maintenance P P
Freight Terminals C U P P P
H elipad C U P CUP CU P C U P
Railroad Yards P P
Truck & Bus Sales C U P P P P
Truck & Trailer R entals (no drivers) C U P CUP P P
Truck Repair C U P P P
A N IMALS
A nimal Grooming CUP P P P
Commercial K ennels C U P CU P
Veterinarian Services (Large A nimal
w ith O utdoor Facilities) C U P CU P
Veterinarian Services (Small A nimal
Indoor O nly)
CUP
*P P P
Bakeries & Doughnut Shops P P P CU P P
Page 14
FO O D &
DRIN K
Candy, N ut & Confectionery P P P CU P P
Canning - Fruits, Vegetables, Preserves,
Jams, Specialty, etc. CU P P
Eating Places (w ith a D rive Through)CUP P P
Eating Places (w ithout a D rive
Through)P P P
Food & K indred Products (Except meat
packing, animal & marine fats & O ils) P P
Food Lockers P P
G rocery Stores CUP P P
Liquor Stores P P
Mobile Vending Court CUP C U P CUP CU P
OFFIC E-
TY PE
BU SIN ESS
Banks & Credit U nions CUP P P
Call C enters CUP P P
Commercial Printing P P P P
Professional Services Office
(A ccounting, Financial, Insurance,
Legal, Real Estate, etc.)
P P P
Scientific R esearch & Testing
(Laboratory)CUP P P P
Wedding Chapels & Reception C enters P P CUP
Welfare & Charitable Services P P P
MED ICA L
&
EMERG EN
C Y
A mbulance & Fire Services CUP C U P CUP CU P
Behavior, D rug & A lcohol Treatment C U P CUP
H ospitals, Operations Centers, Out-
Patient Medical CUP C U P CUP
Medical Laboratories CUP P P P
Pharmacy & Medical Supplies P P P
Physicians & D ental O ffices P P P
G OV ER N
G overnmental Services P P P
Libraries P P P
Page 15
MEN T Police Protection & R elated Activities
O ffice
P P P
Postal Services P P
BU ILD IN G
&
CO NSTRU
CTIO N
Building & Construction Supplies
Retail (N o Storage Yard)P P P P P
Building & Construction Supplies
Retail (w ith Storage Yard) C U P CUP P P
Concrete Mix Plant; Asphalt H ot Plant C U P
STOR AG E
H ousehold G ood Storage CUP C U P P
Refrigerated Warehousing C U P P P
Warehousing & Storage Industrial
Services CU P P
SH OPPIN G
A ntiques P P P
A uction H ouses C U P CUP
A uction yard CU P P
Beauty & Barber Shops & Supplies P P P P
Professional, Scientific & Controlling
Instruments, & Supplies CUP P P P
Equipment Rental & Leasing (Including
O utside Storage) C U P CUP P
Equipment Rental (Indoor O nly)P P P P
Law n & G arden Supplies (Nursery
stock, Equipment, Tools, G reenhouse,
Yard Art, etc.)
CUP P P P
G as, Bottled (LP Exchange & Refill) P P P
G asoline Service Stations CUP P P P C U P
G eneral Merchandise (D epartment,
D iscount, Variety, etc.)P P P
H ardw are P P P P
H orticulture & Plant Nurseries P P P
Janitorial Supplies CUP P P P P
Locksmiths & K ey Shops P P P
Machinery Retail (R obotics, Machine
Page 16
Tools, Manufacturing Equipment, etc.) C U P CUP P P
Manufacturing of Apparel &
A ccessories (except leather tanning &
finishing)
P P
Musical Instruments P P P
Paw n Shops (N o O utside Storage) C U P
Petroleum & LP Bulk Stations &
Terminals C U P CUP CU P P
Recreational Vehicles, Parts &
A ccessories CUP P P P
Shopping Centers CUP P P
Thrift Store & Second-H and
Merchandise (No Outside Storage)CUP P CUP
MIN OR
A SSEMBL
Y
& O TH ER
IN N O CUO
U S
MA NU FAC
TU RIN G
G unsmith P P P
Industrial Laundry CU P P
D ry Cleaning CUP P P
Laundry, Pressing, Alteration &
G arment Repair P P P
Minor Manufacturing & Assembly
(Small Item) C U P P
Photographic Studio, Supplies &
Equipment P P P
Pottery & Related Products C U P P
Repair Services CUP P CUP P P
Bottling & C anning, Soft Drinks &
Carbonated Water P P
Explosives C U P
Fire A rms & Ammunition CU P C U P
Fire Works C U P
G lass, Flat, Pressed CU P P
Industrial Inorganic C hemicals (includes
air separation) C U P
Foundries (Refining & Extruding of C U P
Page 17
HEAVY
MA NU FAC
TU RIN G &
RECY CLIN
G
Metals)
Junk Dealers, Salvage O perations,
Waste Material & Scrap C U P
Leather Tanning & Finishing P
Matches P
Metal Working Machinery &
Equipment (tool & dye shops, machine
shops)
C U P P
Miscellaneous Fabricated Rubber
Products CU P P
N on-clay R efractories P
N uclear Energy C U P
Paper & A llied Products (Except Pulp) P
Plastic Materials, Synthetic R esins &
N on-vulcanizable Elastomers CU P C U P
Printing Ink P P
Recycle C enter C U P
Textile Mill Products (no tire cord &
fabric) P P
Tire Cord & Fabric P
U TILITIES
& FU EL
Electric Generation Plants (conventional
fuel including hydroelectric, solar, etc.) C U P
Refuse D isposal CU P C U 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 Grounds (for percolating
w ater into underground) C U P CUP CU P
Storage Yards (U tility) P P
U tilities (Rocky Mountain Power,
Intermountain Gas, etc.)CUP C U P CUP CU P C U P
Waste Water Treatment Plants, Sludge
D rying Beds, etc. CU P C U P
Page 18
Water Storage CUP C U P CUP CU P C U P
Water Treatment Plants (Purification) C U 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
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 UD PF OS
AG RICU LTUR AL A griculture Farming & Ranching P P
A CCESSO RY
A ccessory Livestock (No more
than ten (10) per acre)P
A ccessory Sw imming Pool P
A ccessory Dw elling Unit CU
P
A ccessory Building P P P
A ccessory Home B usiness CU
P
A ccessory Home O ccupation P
R ENTA L, SH ORT-TERM,
TRA NSIEN T LIV IN G
Short-term Rental P
H otels, Motels C U
P
C ampgrounds, RV Campsites &
Travel C U
P
G R O U P LIVIN G
WITH ASSISTA NCE
G roup Home (Disabled &
Elderly)(8 and few er residents)P
Single-Family Dw elling Detached P
Page 19
RESID EN TIA L Multi-Family D w elling C U
P
D ormitory C U
P
R ECR EATION &
ENTERTA IN MENT
A thletic Clubs, Body Building
Studios, A erobic Centers &
G ymnasiums
P
A thletic Fields CU
P P P
C ommercial Pools P P
D og Parks C U
P
Event C enter (Dancing,
C onferences, Performances) P C U
P
Fairgrounds P
G olf C ourses CU
P P
G olf D riving Ranges P
Ice Skating (C ommercial)P P
Indoor Amusement (Pool Halls,
B ow ling A lleys, Indoor G olf,
etc.)
P
Museums, Art Galleries, Cultural
A ctivities P P
N ature Exhibits P CU
P
Parks & Playgrounds P P
R ecreation C enters CU
P P P
R iding Stables (Animals are
housed also) C U
P
R oller Skating P C U
P
Skate Park C U
P
Spas P
Page 20
Sports Stadiums, Arenas & Field
H ouses
C U
P
C U
P
Theatres (A uditoriums,
Performing & Motion Pictures) P P
SC H O O LS
C ommercial D aycare Center (13
or more children) P
D aycare Facility Care Centers
(betw een 7 and 12 or more
children, 3 or more times a week)
CU
P P
N ursery SchoolsFamily H ome
D aycare (6 or less children, 3 or
more times a week)
CUP
**
P
Schools (Pre-K - 12)CU
P P P
Special Training (Fire, Police,
etc.) C U
P P
Technical Schools & Vocational
Schools P C U
P
U niversity, C ollege, Junior
C ollege, Professional School
Education
P P
ASSEMBLY-DECEA SED
C emeteries CU
P C U
P
C hurches, Synagogues, Temples
& Missions
CU
P P
Funeral Parlor (Mortuary) &
C rematory C U
P
TRA NSPO RTATIO N
A ircraft Manufacturing &
A ssembling (in or adjacent to an
airport)
C U
P
A irports C U
P
A utomobile Parking Lots &
G arages (Stand-alone) P P
A utomobile Repair &
Maintenance P
B us Garaging & Equipment C U
Page 21
Maintenance P P
B us Passenger Terminals P
Freight G araging & Maintenance P
Freight Terminals P
H elipad C U
P
C U
P
AN IMA LS
A nimal G rooming CU
P
C ommercial K ennels CU
P
Veterinarian Services (Large
A nimal w ith O utdoor Facilities) C U
P
Veterinarian Services (Small
A nimal Indoor O nly) C U
P
FOO D & DRIN K
B akeries & D oughnut Shops P
C andy, N ut & Confectionery P
Eating Places (with a D rive
Through) P
Eating Places (Restaurants) P
Food Lockers P
Mobile Vending Court C U
P
C U
P
O FFICE-TY PE BU SIN ESS
Professional Services O ffice
(Accounting, Financial,
Insurance, Legal, R eal Estate,
etc.)
P
Scientific Research & Testing
(Laboratory) P
Wedding Chapels & Reception
C enters P
Welfare & Charitable Services P
A mbulance & Fire Services C U
P
C U
P
B ehavior, D rug & Alcohol C U
Page 22
MEDICA L & EMERG ENCY
Treatment P
H ospitals, O perations Centers,
O ut-Patient Medical
C U
P P
Medical Laboratories P
Pharmacy & Medical Supplies P P
Physicians & D ental Offices P
GO VERN MEN T
G overnmental Services P
Libraries P P
Police Protection & Related
A ctivities O ffice P P
Postal Services P P
STO RA G E
R efrigerated Warehousing P
Warehousing & Storage Industrial
Services P
SHO PPIN G
B eauty & B arber Shops &
Supplies P
Professional, Scientific &
C ontrolling Instruments &
Supplies
P
Equipment R ental (Indoor O nly) P
G eneral Merchandise
(Department, D iscount, Variety,
etc.)
P
H orticulture & Plant Nurseries P
Musical Instruments P
MINO R ASSEMBLY &
O TH ER IN N O CU OU S
MAN UFA CTU RIN G
Photographic Studio, Supplies &
Equipment P
Pottery & R elated Products P
HEAVY MA N U FA CTUR IN G
& REC YC LIN G
C entral G arbage Grinding
Stations & Composting Plants C U
P
Mining & Q uarrying C U
P
N uclear Energy C U
Page 23
P
U TILITIES & FU EL
Electric Generation Plants (
conventional fuel including
hydroelectric, solar, etc.)
C U
P
N uclear Modular R eactor C U
P
R efuse D isposal C U
P
R ight of Way (combo, electric
transmission, gas pipeline,
sewage, w ater pipeline, storm
drain)
P P P P
Public Facilities P P P P
Spreading Grounds (For
percolating w ater into
underground)
C U
P
Storage Yards (U tility) P P
U tilities (Rocky Mountain Pow er,
Intermountain Gas, etc.)
CU
P
C U
P
C U
P
CU
P
Waste Water Treatment Plants,
Sludge D rying B eds, etc. C U
P
Water Storage CU
P
C U
P P CU
P
Water Treatment Plants
(Purification) C U
P
**Permitted w ith Adm inistrative Approval
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
Page 24
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
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:
Page 25
Permitted Uses E xamples
Beauty Salon
Computer programming
Family cChild care may have up to six (6)five (5) children at any one time. (The care
of additional children shall constitute a Hom e Business or Com m ercial Daycare
Center.)
Home cooking, baking and preserving
Home crafts w ithout on premise sales
Individual tutoring
Painting
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)five (5) students or pupils in the dw elling unit or on the
premises at any one time. No 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.
Page 26
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
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