HomeMy WebLinkAboutOrd 1337 Dev Code Amendment Ord 1200 Daycare, Landscaping, Parking, Plat Names, Family/
CITY OF REXBURG ORDINANCE NO. 1337
DEVELOPMENT CODE ORDINANCE 1200 AMENDMENTS
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS
TO ACCESSORY SIDE SETBBACKS, DAYCARES, LANDSCAPING, FAMILY & CONGREGATE LIVING, PARKING, AND SUBDIVISION NAMES; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING
FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE.
WHEREAS, The City of Rexburg is incorporated as an entity of the State of Idaho; and
WHEREAS, the State of Idaho Statutes are used by the City of Rexburg as the primary source of code compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho State Code.
NOW THEREFORE, be it ordained by the Council of the City of Rexburg, in the State of Idaho, be established to read as follows:
SECTION 1: AMENDMENT “1.04.030 Conditional Use Permits” of the Rexburg Development Code is hereby amended as follows:
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, 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 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.
SECTION 2: AMENDMENT “C Definitions” of the Rexburg
Development Code is hereby amended as follows:
Definition Addition:
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 accommodation 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 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.
Congregate Living (Dormitory Style Housing): When five (5) or more unrelated persons live together as a single housekeeping unit.
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 Definitions” of the Rexburg Development Code is hereby amended as follows:
Definition Addition:
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 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 twin homes, 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. Twin home: 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 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 Definitions” of the Rexburg Development Code is hereby amended as follows:
Definition Addition:
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. One (1) or more related (by blood, marriage, adoption, and/or
guardianship within the third degree of kinship) persons living together as a single housekeeping unit;
B. Two (2) persons who are not related and any number of additional persons related to either of such two (2)unrelated persons, as long as all persons are living together as a single
housekeeping unit; or
C. Not more than four (4) persons living together as a single housekeeping unit, when one (1) or more persons are not related to any other person in such dwelling unit; or
D. 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.
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 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 “K-L Definitions” of the Rexburg Development Code is hereby amended as follows:
Definition Addition:
Kennel, Private: Any building, buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal user, kept for the purposes of show, hunting,
or as pets.
Lamp: The generic term for an artificial light source, to be distinguished from the whole assembly. Commonly referred to as “bulb”.
Landscaping: The area within the boundaries of a given lot/project that consists of planting materials, including but not limited to living trees, shrubs, ground covers, grass, flowers,
decorative rock, bark, mulch, and other similar materials. Large cobbles or river rock are not considered
“decorative rock”. Landscaping must be maintained as in its original design and purpose. (See subsection 3.02.100.)
Laundry, Self-Service: A business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises.
Lighting, Holiday: Strings of individual lamps, where the lamps are at least three inches (3”) apart. (See section 3.6.)
Lighting Plan: Documents specific to a project or development that describe the location and characteristics of all exterior lighting and the light levels in and adjacent to the property.
The complete lighting unit, including the lamp, the fixture, and other parts. This also can include a photometric layout.
Livestock, Domestic: Animals such as horses, cattle, swine, sheep, goats, rabbits, and poultry, which can be kept for education, and/or food production for those who raise them.
Lot: A piece or parcel of land separated from other pieces or parcels as shown on a recorded subdivision plat or by metes and bounds description for purposes of sale, lease, or separate
use.
A. Corner Lot: A lot with frontage on two (2) or more intersecting streets where the interior angle of intersection does not exceed one-hundred-thirty-five (135°) degrees. Corner lots
have two front yards and two side yards but no rear yard.
B. Double Frontage Lot: A lot abutting two (2) parallel or approximately parallel streets. Double Frontage lots have two (2) front yards and two (2) side yards.
C. Flag Lot: Lots or parcels that the City has approved with less frontage on a public street than is normally required, with no less than twenty (20’) feet of accessible frontage, generally
intended to make deeper property accessible.
D. Interior Lot: A lot having but one (1) frontage abutting on a street.
E. Substandard Lot: A lot or parcel of land that has less than the minimum area or width as established by the zone in which it is located. Such a lot shall have been of record as a
legally created lot on the effective date of this ordinance.
F. Through Lot: A lot that has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed
front lot lines.
Lot Area: The total horizontal area within the lot lines of a lot.
Lot Coverage: The area of a site covered by buildings or roofed areas and impervious surfaces.
Lot Depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear
lot line.
Lot Layout Plan: A plan showing where the building will be placed in relation to the lot lines to determine compliance with the code requirements for single-family homes, duplexes and
twin homes.
Lot Line: The boundary line of a lot.
A. Front Lot Line: The property line separating the front of the lot from the public right-of-way.
B. Rear Lot Line: The lot line opposite the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less
than ten (10’) feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall
be assumed to be a line not less than ten (10’) feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.
C. Side Lot Line: Any lot line not a front or rear lot line.
Lot of Record: A lot that is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Madison County, Idaho, or any parcel of land, whether or not
part of a subdivision, that has been officially recorded by a size that met the minimum dimensions for lots in the district in which it was located at the time of recording or was recorded
prior to the effective date of zoning in the area where the lot is located.
Lot Width: The horizontal distance between side lot lines measured at the required front setback line. The width of a lot shall be:
A. If the side property lines are parallel, the shortest distance between these side lines.
B. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required
for the zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
C. For rural acreage developments, the distance between the side lot lines, measured at the street frontage.
SECTION 6: AMENDMENT “P Definitions” of the Rexburg Development Code is hereby amended as follows:
Definition Addition:
Pervious Surface: Area maintained in its natural condition or covered by a material that permits infiltration or percolation of water into the ground.
SECTION 7: AMENDMENT “3.02.060 Accessory” in Zoning Standards of the Rexburg Development Code is hereby amended as follows:
Accessory structures are permitted in all zones, provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted
accessory uses and structures include, but are not limited to the following: detached garages, carports, equipment storage buildings, supply storage buildings, and temporary construction
storage and offices.
Accessory Building Requirements.
A. All Accessory buildings shall:
1. Comply with all lot configuration requirements in the existing zone.
2. Comply with the Building Codes adopted by the City of Rexburg.
3. Be an accessory to an existing primary structure or residence.
4. Have facilities for the discharge of all roof drainage on to the lot or parcel on which it is erected.
B. Residential Accessory Buildings.
1. Require a building permit if more than two hundred (200) square feet.
2. Front Yard. May not be placed in the front yard.
3. Side Setback. Must meet the same side setback requirements as a principal building if larger than five hundred (500) square feet or taller than ten (10') feet in height.
a. If between two hundred (200 sq ft) square feet and five hundred (500 sq ft) square feet, a six (6') feet side setback is required.
b. If less than two hundred (200) square feet, may be placed on the property line.
4. Rear Setback. Must be a minimum of five (5') feet from property line if larger than two hundred (200) square feet,
unless the accessory building is a garage with doors opening into a City-owned alley. Such garages shall be a minimum of fifteen (15') feet from the alley.
If less than two hundred (200) square feet, may be placed on the property line.
C. Commercial & Industrial Accessory Buildings.
1. Require a building permit if larger than one-hundred-twenty (120) square feet.
2. Front Yard. May not be placed in the front yard.
3. Side Setback. Must meet the same side setback requirements as a principal building if larger than one-hundred-twenty (120) square feet or taller than ten (10’) feet in height.
a. If less than one-hundred-twenty (120) square feet, must be a minimum of five (5’) feet from property line.
4. Rear Setback. Must meet the same rear setback requirements as a principal building.
D. Exception: University District (UD)
SECTION 8: AMENDMENT “SA-SIGN Definitions” of the Rexburg Development Code is hereby amended as follows:
Definition Addition:
Screening: A method of visually shielding or obscuring an abutting or nearby use or structure from another by berms, vegetation, walls or fencing.
SECTION 9: AMENDMENT “3.02.90 Screening And Landscaping” of the Rexburg Development Code is hereby amended as follows:
The following are minimum standards. Additional landscaping elements may be allowed as per review by the Zoning Administrator or Designee. Screening, landscaping, and fences within the
City shall be constructed and maintained in conformance with the following standards:
A. Landscaping. Landscaping and all applicable irrigation systems shall be maintained by the property owner, or in cases of a right-of-way the adjacent property owner, as in their original
purpose.
B. Landscape Strip. In all zones, the area between the curb and gutter and the sidewalk is to be landscaped with a pervious surface by the adjacent property owner.
1. Sight Triangle. The sight triangle must be clear of obstructions. See Sight Triangle.
2. Columnar and Evergreen trees are not allowed in the landscape strip.
3. Overhead Powerlines. In the event of overhead powerlines, alternative landscaping may be approved by the Zoning Administrator.
4. Projects within Medium Density Residential (MDR1 & MDR2), High Density Residential (HDR1 & HDR2), Mixed Use (MU), Community Business Center (CBC), Regional Business Center (RBC),
University District (UD) or Industrial (LI & HI) zones shall include in the landscape strip trees and shrubs that meet the following criteria:
a. Tree and Shrub Requirements.
(1) Deciduous trees with a minimum caliper of two (2") inches and a maximum spacing of thirty (30') feet.
(2) As trees mature, they shall be trimmed to at least ten (10’) feet above the curb.
(3) A minimum of five (5), five (5) gallon
containers of shrubs within every thirty (30’) foot section.
C. Parking Areas. (See subsection 3.04.060.A.)
D. Projects within Medium Density Residential (MDR1 & MDR2), High Density Residential (HDR1 & HDR2), Mixed Use (MU), Community Business Center (CBC), Regional Business Center (RBC),
University District (UD) or Industrial (LI & HI) zones that are adjacent to a lower density residential zone, shall have a ten (10’) feet wide landscaped buffer on the abutting property
line, where the buffer is planted with a combination of trees, shrubs, and ground cover and/or a suitable fence of sufficient height and density to buffer the two parcels. At a minimum,
two (2”) inch caliper trees with a maximum spacing of thirty (30’) feet and five (5), five (5) gallon containers of shrubs between trees are required within the buffer.
H. Highway 20 Corridor. All development adjacent to the Highway 20 right-of-way must submit a Landscape Plan to the Zoning Administrator or designee to be approved for design prior to
obtaining a building permit.
1. Commercial/Industrial Standards. Buildings adjacent to the Highway 20 right-of-way shall provide a buffer at least ten (10') feet in width consisting of two (2”) inch caliper trees
with an average spacing of fifty (50’) feet and eight (8), five (5) gallon containers of shrubs.
a. Front Yard Display. Commercial uses with a display facing the Highway 20 right-of-way may use alternate landscaping with the approval of the Zoning Administrator.
2. Setback. A minimum setback of twenty-five (25’) feet is required from any building to the Highway 20 right-of-way or a one-to-one setback to height requirement, whichever is greater.
I. Open Storage Area. Open storage area in commercial and industrial zones shall be screened from view of the streets by structures or by a landscaped buffer at least ten (10') feet
in width and planted with a combination of trees, shrubs, and ground cover and/or a suitable fence of sufficient height and density to obstruct the view of the storage area.
1. No front yard storage. Open storage shall not be located within a required front yard.
2. Front Yard Display. Commercial uses with a front yard display may use alternate landscaping with the approval of the Zoning Administrator.
J. Utility yards. Utility yards in zones other than Industrial or adjacent to any residential zone or commercial zone, are required to be screened with a seven (7') foot tall decorative
masonry wall or privacy fence as approved by the Zoning Administrator.
1. Setbacks.
a. Front Setback. The wall or fence must be set back at least ten (10’) feet from the front property line. The area between the right-of-way and the wall or fence shall consist of pervious
landscaping and be planted with one two (2”) inch caliper deciduous tree and five (5), five (5) gallon containers of shrubs within every thirty (30’) foot section.
b. Side and Rear Setbacks. The fence may be on the side and/or rear property line.
2. Water Tanks. Water tanks are not required to be screened.
a. Pumps and other equipment associated with water tanks will be in below-grade vaults, in buildings or shall be screened as utility yards.
SECTION 10: AMENDMENT “3.04.010 Parking Standards
Purposes And Objectives” of the Rexburg Development Code is hereby amended as follows:
Site Design and Relationship to the Surrounding Community. Parking areas should provide safe, convenient, and efficient access for vehicles and pedestrians. They should be distributed
around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface.
SECTION 11: AMENDMENT “3.04.020 Parking Standards Building Permits Required” of the Rexburg Development Code is hereby amended as follows:
A. Building Permit. A Building Permit from the City of Rexburg Building Department is required prior to construction or alteration of any for each building, sidewalk, driveway, carport,
parking area or any other structure.
SECTION 12: AMENDMENT “3.04.030 Parking Standards Table 3 Number of Parking Spaces Required” of the Rexburg Development Code is hereby amended as follows:
Where a specific use is not listed, the Zoning Administrator or designee shall determine a parking standard.
Minimum Number of Parking Spaces required are as follows:
RESIDENTIAL DWELLINGS (Off-Street Parking)
Single-Family Dwellings (attached and
detached)
2 Spaces per Unit
Multi-Family Dwellings
*Option for reduced parking for 1 Bedroom Units in High Density Residential zones (HDR1 & HDR2) requires a Parking Management Plan
2 Spaces per Unit (plus 10% visitor parking) *1.5 Spaces per Unit (plus 10% visitor
parking)
RESIDENTIAL USES
Congregate Residence (Dormitory Style Housing)
Space per Occupant (unless otherwise approved by the Zoning Administrator)
Dormitory Housing
Space per Occupant, (plus 10% visitor parking,) plus 1 Space per Employee at Highest Shift
Motels and Hotels (Transient Lodging)
1 Space per Sleep Room plus 1 Space per Employee at Highest Shift
Nursing, Assisted Living, or Group Homes
0.25 Spaces per Bed plus 1 Space per Employee at Highest Shift
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.
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, Trucks, Recreational Vehicles, Farm Equipment (Sales, Service, and Repair), Building Materials, Hardware, Furniture, or Home Furnishings, Equipment Manufacturing (plus 3
spaces per 1,000 square feet of office, retail, or other public area)
3
All other services Professional offices, retail or other public areas, Daycare Facility, Commercial Daycare
Center
4
General Merchandise, Grocery Stores, Indoor Amusement Event Center, *Medical Clinic, Shopping Centers – Mixed Uses Less 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.
A. 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) plus 1 Space per Employee at Highest Shift
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, pickleball, tennis courts, etc.): 3 spaces per court
Schools Kindergarten, Elementary, and Junior high schools: 2 spaces per classroom
High schools: 1 space per 4 persons (at maximum capacity)
Technical College: 1 space per 4 persons (at maximum capacity)
B. (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.
Student Ratio:
.20 spaces per FTE Student
Faculty Ratio:
.585 spaces per FTE Faculty
Staff Ratio:
.585 spaces per FTE Staff
SECTION 13: AMENDMENT “3.04.040 Size Of Parking Stalls” of the Rexburg Development Code is hereby amended as follows:
Space
Dimensions
Sidewalk
Width*
Two-way Drive Aisle Width
One-way Drive Aisle Width
Parking Angle
90
60
45
30
Standard
9’x20’
6’
24’**
24
18
15
13
Compact
8’x16’
6’
24’**
24
18
15
13
Parallel
9’x22’
5’
24’**
24
18
15
13
Optional Dormitory & Multi-family
9’x16’
6’
24’**
24
18
15
13
Parking Structure
Parking Structure Standard
9’x18’
24’**
Compact Structure***
8’x15’
24’***
Parallel (Structure)
9’x22’
*5' Sidewalks with wheel stops may be substituted for the 6' sidewalk width
**Drive aisle width is dependent upon approval of Fire Department, City Engineer, and Zoning Administrator approval
***Parking structures are allowed to decrease drive aisle width to 22' with Fire Department, City Engineer, and Zoning Administrator approval
A. Connectivity. Mixed Use (MU), Community Business Center (CBC), Regional Business Center (RBC), Light Industrial (LI), Public Facilities (PF) and Residential Business Districts (RBD)
zones require connectivity through parking lots of adjacent properties unless otherwise approved by the Zoning Administrator.
B. Dormitory or Multi-family Housing. Parking options can include:
1. Eighty (80%) percent of parking spaces are allowed to be nine (9') feet wide by sixteen (16') feet long.
a. Up to twenty-five (25%) percent of these can be eight (8’) feet wide by sixteen (16’) feet long for compact cars (spaces shall be signed or otherwise designated as such).
(1) In a parking structure these can be eight (8') feet wide by
fifteen (15') feet long for compact cars (spaces shall be signed
or otherwise designated as such).
2. Twenty (20%) percent of parking spaces are required to be nine (9') feet wide by twenty (20') feet long.
C. Commercial.
1. Standard parking spaces are nine (9') feet wide by twenty (20') feet long.
a. Up to twenty-five (25%) percent of the spaces can be eight (8') feet wide by sixteen (16') feet long for compact cars (spaces shall be signed or otherwise designated as such).
2. Reduced parking spaces of nine (9') feet wide by eighteen (18') feet long may be allowed with Administrative approval when located next to landscape buffers or a six (6') foot wide
sidewalk.
SECTION 14: AMENDMENT “3.04.050 Location Of Parking Spaces” of the Rexburg Development Code is hereby amended as follows:
A. Off-Site Parking. Off-Site parking shall be located within five hundred (500’) feet of the primary entrance of the building. This distance shall be measured from the building entrance
along an accessible route that a pedestrian would use.
1. CUP. The Planning & Zoning Commission may allow a greater distance with a Conditional Use Permit (CUP).
2. Exception: This does not apply in the University District Mixed Use (MUD) zone.
B. Parking Space Location
1. Parking spaces along the outer boundary of a parking lot shall be contained by high-back curbing or wheel stops so placed to prevent a
vehicle from extending over an adjacent property.
a. Wheel Stops. Wheel stops should be a minimum of four (4") inches in height and width and six (6') feet in length, and should be firmly attached to the ground. Placement should be
a minimum of eighteen (18") inches from property line.
2. Front Yard Parking. Parking spaces and maneuvering areas shall not be provided within a required front yard. Front yards shall be dedicated to landscaping.
a. Exceptions:
(1) RBD. Except in Residential Business District (RBD), where an existing conforming driveway access has been provided.
(2) Commercial, Mixed Use, and Industrial Zones. Parking spaces located in a front yard adjacent to a public street require a minimum ten (10’) feet wide landscape buffer, except at
ingress/egress points.
3. Townhomes. Townhomes shall be designed to provide rear loading driveways and garages, rather than utilizing the front yard (unless approved by the Zoning Administrator and Public
Works Director) or provide a parking lot that meets all applicable standards for the underlying zoning.
C. Sight triangle or Exits. No parking spaces shall be located in the clear sight triangle or immediately adjacent to an exit to a public right-of-way.
D. Residential Parking Spaces.(See subsection 4.00.060.)
E. Street Access. No access point from a parking area to any street shall be within twenty (20’) feet of a local street intersection or alley. No access point shall be within forty (40’)
feet of an intersection with a collector street, and within sixty (60’) feet of an intersection with an arterial street. Any access point must be approved by the Public Works Director.
F. Right-of-Way.
1. No parking areas shall be designed to require the use of the public right-of-way to travel from one portion of the lot to another.
2. No parking area shall be designed or constructed to create a situation in which vehicles back into the public right-of-way.
a. Exception: Single-family homes, twin homes and duplexes.
SECTION 15: AMENDMENT “3.04.060 Parking Area Screening And Safety” of the Rexburg Development Code is hereby amended as follows:
Screening for Parking Areas. Parking must be screened from public or private right-of-way, other residential uses, and from the adjoining streets to minimize the visual impact of off-street
parking. Fences, hedges, berms and landscaping can be used to screen parking areas.
1. Front Yard Buffer. Parking lots in front yard setbacks shall have a ten (10') feet wide landscaped buffer, where the buffer is planted with a combination of trees, shrubs, and ground
cover and/or a suitable fence of sufficient height and density to buffer the parking lot.
2. Side and Rear Yard Buffer. Side and rear buffers for parking areas shall consist of a minimum five (5’) feet wide landscape buffer which shall consist of pervious landscaping and
be planted with one (1) two (2") inch caliper deciduous tree and five (5), five (5) gallon containers of shrubs within every thirty (30’) foot section.
a. A six (6') tall vinyl or masonry fence may be substituted for the landscape buffer, but not in front yards or front setbacks.
b. Property owners may receive an easement in-lieu of this buffer. This easement will need to provide connectivity between parking lots and, depending on size, may require landscape
islands to be placed.
3. Landscaping and Snow Storage. Parking areas of four (4) or more vehicles shall dedicate ten (10%) percent of the parking area to landscaping and snow storage.
4. Large Parking Lots. When large parking lots are necessary, increase the landscaping to screen the lot and divide the lot into smaller components. Significant landscape islands must
be provided in the interior of large lots (over fifty (50) parking spaces). These may double as snow storage areas in winter months.
B. Safety. Parking spaces along the outer boundary of a parking lot shall be contained by high-back curbing or a bumper rail so placed to prevent a vehicle from extending over an adjacent
property.
1. Wheel Stops. Wheel stops should be a minimum of four (4”) inches in height and width and six (6’) feet in length, and should be firmly attached to the ground. Placement should be
a minimum of eighteen (18”) inches from property line.
C. Lighting. All lighting for parking areas shall be directed and, when necessary, shielded so as not to produce direct glare on adjacent properties, and shall comply with the city’s
3.6 Lighting Standards.
D. Parking Area Rules per Zone:
1. Parking in Residential Zones. (See subsection 4.00.060.)
2. Connectivity: MU, CBC, RBC, LI, PF, RBD. When possible, connectivity through parking lots of adjacent properties is required.
3. (RBD) – RESIDENTIAL BUSINESS DISTRICT
a. Parking areas within the RBD zone are to be used by occupants of the property and customers of the property, and are not to be used by employees or customers of businesses that may
be located in nearby business or commercial areas.
b. RBD corner lots shall be allowed to petition for parking in side yards provided any such parking shall be buffered visually and for sound from public rights-of-way.
4. (UD) UNIVERSITY DISTRICT
a. Permissible Lot Coverage. In a UD zone, all buildings and structures, inclusive of parking lots, shall not cover more than sixty (60%) percent of the lot or parcel of land upon which
they are placed.
SECTION 16: AMENDMENT “3.04.070 Parking Surface” of the Rexburg Development Code is hereby amended as follows:
All parking areas, aisles and driveways shall be surfaced with asphalt or concrete.
A. Asphalt is not allowed for sidewalks crossing driveways or for the driveway approach between the street and the sidewalk. (See Appendix B: City Engineering Standards.)
1. Asphalt striped walkways may be allowed with Administrative approval.
B. Parking areas shall be provided with paved access from a public street.
C. Self-Service Storage Facilities. Asphalt or concrete is not required for storage areas or storage facilities when an improved and maintained gravel surface is provided (See Appendix
B: City Engineering Standards.) as long as the following three (3)
requirements are met:
1. Driveway. Provide a sixty (60’) feet minimum long concrete or asphalt access driveway between the aforementioned lot and the public right-of-way.
2. Loading Space. Provide an off-street loading space at least forty feet (40') by twelve feet (12') with access to storage units/spaces or any entrance to a series of fully enclosed
units/spaces.
3. Off-street Parking. Provide a minimum of three (3) dedicated off street parking spaces separate from the storage area.
SECTION 17: AMENDMENT “3.04.080 Reduced Parking” of the Rexburg Development Code is hereby amended as follows:
For reduced parking in the Pedestrian Emphasis District (PED) or dormitories, see subsection 9.01.040.
SECTION 18: AMENDMENT “3.04.090 Joint Uses Of Required Parking Spaces” of the Rexburg Development Code is hereby amended as follows:
Joint uses. Joint uses of required parking spaces may occur when parking spaces can be shared because their parking demands occur at different times. The joint use of off-street parking
spaces is allowed provided the applicant shows the following:
A. There is no conflict during operating hours, for the structure, or for the parking facilities proposed.
B. The parking lot for both uses must be within five hundred (500’) feet of their primary entrances.
C. Submit a written agreement for joint use to the City Attorney from both parties which contains the following:
1. Names & addresses of those owners or tenants that will share parking
2. Map or drawing showing location and number of parking spaces to be shared
3. An analysis showing peak parking demand for different uses at different times
4. Legal instrument (easement or deed restriction) that guarantees access to joint parking for all uses.
5. Agreement, when approved, shall be recorded in the County Recorder’s office.
D. Total requirements for off-street parking shall be the sum of the requirements for various uses with the development or structure.
SECTION 19: REPEAL “3.04.110 Driveways And Drive Aisles” of the Rexburg Development Code is hereby repealed.
SECTION 20: REPEAL “3.04.120 Nonconforming Parking Areas” of the Rexburg Development Code is hereby repealed.
SECTION 21: AMENDMENT “3.08.010 Permitted Uses In Residential Zones” of the Rexburg Development Code is hereby amended as follows:
Permitted Uses in Residential Zones
Use Categories
Uses
RR1
RR2
LDR1
LDR2
LDR3
MDR1
MDR2
HDR1
HDR2
SCHOOLS
Commercial Daycare Center (13 or more children)
CUP
CUP
CUP
CUP
Daycare Facility (between 7 & 12 children, 3 or more times a week)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Daycare Facility (between 7 & 12 children, 3 or more times a week)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Family Home Daycare (6 or less children, 3 or more times a week)
P**
P**
P**
P**
P**
P
P
P
P
Schools (Pre-K – 12)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
RESIDEN-TIAL (additional permitted use)
Congregate Living (Dormitory Style Housing)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
**Permitted with Administrative Approval
SECTION 22: AMENDMENT “3.08.020 Permitted Uses In Commercial Zones” of the Rexburg Development Code is hereby amended as follows:
Permitted Uses In Commercial Zones
Use Categories
Uses
MU
CBC
RBC
RBD
LI
HI
SCHOOLS
Commercial Daycare Center (13 or more children)
P
P
P
P
P
Daycare Facility (between 7 & 12 children, 3 or more times a week)
CUP
CUP
CUP
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
RESIDEN-TIAL (additional permitted use)
Congregate Living (Dormitory Style Housing)
CUP
SECTION 23: AMENDMENT “3.08.030 Permitted Uses In Other Zones” of the Rexburg Development Code is hereby amended as follows:
Permitted Uses In Other Zones
Use Categories
Uses
TAG
UD
PF
OS
SCHOOLS
Commercial Daycare Center (13 or more children)
P
Daycare Facility (between 7 & 12 children, 3 or more times a week)
CUP
P
Family Home Daycare (6 or less children, 3 or more times a week)
P**
P
Schools (Pre-K – 12)
CUP
P
P
Special Training (Fire, Police, etc.)
CUP
P
Technical Schools & Vocational Schools
P
CUP
University, College, Junior College, Professional School Education
P
P
RESIDEN-TIAL (additional permitted use)
Congregate Living (Dormitory Style Housing)
CUP
**Permitted with Administrative Approval
SECTION 24: AMENDMENT “4.00.025 Rentals” of the Rexburg Development Code is hereby amended as follows:
A. Residential Rental Properties. All residential rental properties
within the city in excess of one rental unit per parcel shall obtain an annual Business Registration.
1. Registration and Life Safety Inspection Required. A City
Registration, Life Safety Inspection and Code Compliance is required, and all application requirements must be met.
2. All Residential Rentals, Apartment Houses, or Apartments shall fill out a Business Registration application.
3. All applicants applying for registration shall pay the annual fee per the adopted City of Rexburg Fee Schedule irrespective of the point in the year at which the registration is sought.
4. A registration shall be obtained for each individually identifiable location, irrespective of ownership.
5. Whenever a Residential Rental, Apartment House or Apartment changes ownership, the new owner shall report such change to the City Clerk so that the registration may be transferred.
6. Registration shall not be construed to grant permission to carry on or conduct any unlawful business, or to operate any Residential Rental, Apartment House or Apartment in an unlawful
manner, or to grant immunity to any entity from lawful regulation and control, or to authorize the violation of any zoning ordinance, regulation or restriction.
7. Congregate Living (Dormitory Style Housing) (See section 3.8 Permitted Uses)
SECTION 25: AMENDMENT “4.00.040 Home Occupation” of the Rexburg Development Code is hereby amended as follows:
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.
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.
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/lessee 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.
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/lessee occupied.
SECTION 26: AMENDMENT “4.00.060 Parking In Residential Zones” of the Rexburg Development Code is hereby amended as follows:
The purpose of this section is to protect and enhance property value, to retain the open character of a residential zone, and to protect health and safety by regulating the parking of
vehicles within residential neighborhoods of the City.
A. Parking of Recreational Vehicles. No person shall park or allow the parking of any recreational vehicle in the clear sight triangles required by this Ordinance.
1. Residential front/side yard. In a residential zone, no person shall park or allow the parking of any recreational vehicle in any front yard or a side yard facing a public street for
a period of no more than four (4) consecutive days and a cumulative of thirty (30) days in a calendar year.
B. Parking of Automobiles.
1. No person shall park or allow the parking of any automobile, van, pickup truck, or motorcycle, or any other motor vehicle in any front yard located in a residential zone except in
a designated driveway.
2. Permeable Coverage. No more than forty (40%) percent of the front yard shall be covered with asphalt, or gravel.
3. Snow Suspension. The operation of this section shall be suspended during any period of a snow alert declared by the Mayor.
4. Sight Triangle. Parking areas shall not be constructed in the clear vision areas as vehicles are considered a temporary obstruction for vehicular traffic. (See “sight triangle” definition.)
C. Parking of Inoperable vehicle, boat or trailer. No person shall park any inoperable vehicle, boat, or trailer upon any street for a period
of time longer than four (4) consecutive days. Any such inoperable vehicle, boat or trailer moved from a parking spot and re-parked on the same street block-face within twenty-four (24)
hours from the time of said removal shall be deemed to have been continuously parked for the purposes of this section.
D. Storage of Commercial Vehicles and Manufactured Homes.
1. Commercial Vehicles. The storage of commercial vehicles with a gross vehicle weight rating (GVWR) exceeding eight thousand (8,000) pounds and construction equipment including but
not limited to bulldozers, graders, and cement mixers shall not be permitted upon private property in any residential zone except in which a building is being actively constructed thereon.
a. These vehicles cannot be parked on any residential streets, whether attended or unattended, for a period in excess of two (2) hours, except for the purpose of loading and unloading
passengers, materials or merchandise; for any purpose incident to any lawful construction project located within the immediate vicinity of such parked vehicles; for any purpose incident
to a lawful commercial operation located in any residential district within the immediate vicinity of such parked vehicles.
E. Manufactured Homes. Unoccupied mobile homes and manufactured homes shall not be stored upon private property in any residential zones.
F. Location of Residential Parking Spaces
1. Existing driveway + 2 Car garage. An existing driveway and two-car garage, when combined, may provide up to four (4) parking spaces per building.
2. No Garage. If no garage is present, then all parking spaces must be located outside of the front yard setback. All other parking areas that may be located within the front yard shall
be removed and restored to landscaping prior to the occupancy of the building.
3. Tandem parking is allowed for residential use where the tandem spaces are assigned to the same dwelling unit.
4. Single-family detached structures shall be allowed one (1) required parking place (behind an existing space that is not in the front yard) within the setback area per dwelling, in
order to meet the parking requirement.
SECTION 27: REPEAL “4.02.110 Parking, Loading, And Access” of the Rexburg Development Code is hereby repealed.
SECTION 28: REPEAL “6.00.080 Parking Lot Orientation” of the Rexburg Development Code is hereby repealed.
SECTION 29: REPEAL “6.00.100 Parking, Loading And Access” of the Rexburg Development Code is hereby repealed.
SECTION 30: AMENDMENT “9.01.040 Reduction In Parking For
Dormitory” of the Rexburg Development Code is hereby amended as follows:
Parking requirements for housing units that are located within the Pedestrian Emphasis District (PED) (see attached boundaries or appendix of development code) may be reduced to 75%
with a Parking Management Plan and subject to the following requirements and provisions:
A. Eligibility.
1. In order to be eligible for the reduced parking ratios as permitted herein, the resulting structure must have dwelling units.
2. This ordinance is not intended nor shall apply to any structure originally constructed as a single-family or duplex residential structure.
B. Parking Management Plan for Reduced Parking
1. A Parking Management Plan shall be designed and anticipated to facilitate parking for the intended tenants of the units as well as reasonably anticipated visitors and ancillary services.
The plan shall
show all parking spaces and their dimensions, access aisles, loading spaces, and entrances and exits to the site. The parking plan may also include the landscape plan. This plan needs
to be submitted to the Zoning Administrator.
C. Rental Agreements. Each property that utilizes this parking reduction shall clearly specify on all rental contracts or agreements whether or not a vehicle parking space is provided
for that individual tenant.
D. Visitor Parking. Visitor Parking in the Pedestrian Emphasis District (PED) consists of the following:
1. Space Size. Visitor parking spaces shall be the City’s full-size parking space standard. See subsection 3.04.040.)
a. These spaces shall not be included in the parking contract.
2. Visitor Parking Signs. Visitor parking shall be marked with signage that is clearly visible during all seasons of the year. (See subsection
3.05.110.H)
3. Visitor parking spaces may be used for tenants after curfew if time limits are clearly stated on the signage.
SECTION 31: REPEAL “9.01.080 Changes In Ratio” of the Rexburg Development Code is hereby repealed.
SECTION 32: AMENDMENT “10.08.040 Street Names” of the Rexburg Development Code is hereby amended as follows:
Street names shall not duplicate any existing street name within Madison county except where a new street is a continuation of an existing street; street names that may be spelled differently
but sound the same as existing streets shall not be used. Examples of names unable to be used include but are not limited to Rexburg, Madison, Teton, Yellowstone, etc.
All new streets shall generally be named as follows:
A. North-South. Streets that have a predominantly north-south direction shall be named “Avenue” or “Road”
B. East-West. Streets that have a predominantly east-west direction shall be named “Street or “Highway”
C. Meandering. Meandering streets shall be names “Driveway”, “Lane”, “Path”, or “Trail
D. Cul-de-sacs. Cul-de-sacs shall be named “Circle”, “Court”, “Way”, “Place"
SECTION 33: ADOPTION “10.08.060 Subdivision Names” of the Rexburg Development Code is hereby added as follows:
A. Subdivision names shall not duplicate any existing subdivision name within Madison county except where a new subdivision in a continuation of an existing subdivision.
B. Subdivision names that may be spelled differently but sound the same as existing subdivisions shall not be used.
C. Examples of names unable to be used include but are not limited to Rexburg, Madison, Teton, Yellowstone, etc.
SECTION 34: AMENDMENT “10.09.020 Condominium” of the Rexburg Development Code is hereby amended as follows:
A. Definition. A building or complex of buildings containing a number of individually owned apartments or houses, but the land, buildings, and common areas are owned and regulated by
a homeowner’s association.
B. Yard Requirements. The City may consider a condominium development as a single building, requiring one (1) front yard, two (2) side yards, a rear yard, and other regulations pertinent
to a given lot.
C. Platting Requirements. The sub-divider shall provide the Commission with a preliminary plat, elevations, perspective drawings and such other illustrated information at adequate scale
to show the proposed development that will include at least the following:
1. All information required for a subdivision preliminary plat
2. Architectural styles and building design concept
3. Architectural materials and color
4. Type of landscaping
5. Screening, if proposed
6. Type of solid waste facilities
7. Parking concept
8. Open space areas
9. Storage areas and enclosures
D. Final Plat. A final plat shall be prepared and approved that meets all other requirements of the subdivision platting of this ordinance.
E. Control During Development. Single ownership and control during development shall be required and a time limit may be imposed to guarantee the development is built and constructed
as planned.
F. Home Owners Associations. Home Owners Association by-laws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities
or open space, shall be approved by the Commission. Any and all power as specified in such agreements may be required to also be assigned to the jurisdictional agency to insure continued
and adequate maintenance of all such common areas, recreational facilities and open spaces, to assess properties for delinquencies, and to enforce motor vehicle speeds to the interest
of the owners involved and of the general public.
G. Open Space. The location of open space shall be appropriate to the development and shall be of such shape and area to be useable and convenient to the residents of the development.
H. Maintenance Building. A maintenance building or facility shall be provided. The size and location of the facility is to be determined by the type and service needed for the necessary
repair and maintenance of all common areas and facilities.
I. Storage Areas. Storage areas may be required for the anticipated needs of boats, campers, and trailers. For a typical residential development, one hundred (100) square feet of space
shall be provided for every living unit. This may be reduced by the Commission if there is a showing that the needs of particular developments are less.
J. Private Streets. Private street construction standards shall be based upon requirements set by the City Engineering Standards. Adequate construction standards may vary on the size
of the development and the demands placed on such improvements. All private streets shall be constructed of adequate width for fire and sanitation services
K. Public Improvements - Unless accepted by the provisions of this ordinance, the Commission and Council shall require the installation of public improvements and utilities for condominium
projects.
L. Council - The Council may regulate and attach conditions to the design concepts and location of buildings, the creation, shape and size of condominium units, the provisions and maintenance
of open space, off-street parking, and other related provisions as determined.
SECTION 35: REPEALER CLAUSE Providing for other substantive and non-substantive changes in the Development Code as recommended and approved by the Planning and Zoning Commission
of the City of Rexburg, Idaho. Furthermore, any portion of the existing Development Code in conflict with this proposed amendment is hereby repealed.
SECTION 36: SEVERABILITY CLAUSE The provisions of this Ordinance shall be deemed severable and a finding by a court of law that a provision of the Ordinance is unlawful shall have
no effect on the remaining provisions.
SECTION 37: EFFECTIVE DATE The City of Rexburg, Idaho City Council shall enact this Ordinance (#25-00575) amending Ordinance 1200 otherwise known as the Development Code of the City
of Rexburg, Idaho upon its passage, approval and publication; and shall be in full force and effect from October 1 2025, and after the required approval and publication according to
law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this 1st day of October 2025.
______________________
Jerry Merrill, Mayor
(SEAL)
ATTEST:
___________________________
Deborah Lovejoy, City Clerk
STATE OF IDAHO)
) ss.
County of Madison)
I, DEBORAH LOVEJOY, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance Entitled:
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS
TO ACCESSORY SIDE SETBBACKS, DAYCARES, LANDSCAPING, FAMILY & CONGREGATE LIVING, PARKING, AND SUBDIVISION NAMES; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING
FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE.
PASSED BY THE CITY COCUNCIL AND APPROVED BY THE MAYOR this 1st day of October 2025.
___________________________
Deborah Lovejoy, City Clerk
(SEAL)