HomeMy WebLinkAboutOrd No 1337 Dev Code Ord 1200 Amendment - Setbacks, DaycaresInstrument # 470494
REXBURG, MADISON, IDAHO
10-9-2025 10:12:22 AM No. of Pages: 20
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-0fficio Recorder Deputy
CITY OF REXBURG ORDINANCE NO. 1337
DEVELOPMENT CODE ORDINANCE 12oo 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 " 1.04.03o 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.olo.) 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 (go) 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
t Code is hereby amended as follows:
Definition Additions:
Commercial Daycare Center: A building or structure where care,
)tection, and supervision are provided on a regular schedule, at least three
ies a week for thirteen (13) or more children.
Congregate Living (Dormitory Style Housing): When five (5)
more unrelated persons live together as a single housekeeping unit.
SECTION 3: AMENDMENT "D Definitions" of the Rexburg
evelopment Code is hereby amended as follows:
Definition Additions:
Daycare: Where care, protection, and supervision are provided for
iren on a regular schedule, at least three (3) times a week. (See
ection 4.00.04o Home Occupations.)
Daycare, Commercial: See Commercial Daycare Center.
Daycare Facility: A building or structure where care, protection,
supervision are provided on a regular schedule, at least three times a
for seven (7) to twelve (12) Facility can be stand-alone or in -home.
Daycare, Family Home: See Family Home Daycare.
SECTION 4: AMENDMENT "F Definitions" of the Rexburg
evelopment Code is hereby amended as follows:
Definition Additions:
Family: A group of one or more persons occupying a dwelling unit
id living as a single, nonprofit housekeeping unit, provided that at least
ie of the following situations exist:
A. One (1) or more related (by blood, marriage, adoption, and/or
zardianship within the third degree of kinship) persons living together as
single housekeeping unit;
B. Two (2) persons who are not related and any number of additional
arsons related to either of such two (2)unrelated persons, as long as all
arsons are living together as a single housekeeping unit; or
C. Not more than four (4) persons living together as a single
:)usekeeping unit, when one (1) or more persons are not related to any
iher person in such dwelling unit; or
D. All such persons are handicapped persons as defined by the I.C.
?ction 67 6531 or in Title VII of the Civil Rights Act of 1968, as amended
y the Fair Housing Act Amendments of 1988, or any subsequent
nendments to the foregoing regulations.
Family Home Daycare: A building or structure where care,
rotection, and supervision are provided on a regular schedule, at least
free times a week for six (6) or fewer children. (See subsection 4.00.040
tome Occupations.)
SECTION 5: AMENDMENT "K-L Definitions" of the
Rexburg Development Code is hereby amended as follows:
Definition Addition:
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.)
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 "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 8: AMENDMENT "3.02.06o 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.
a. 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 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.
i. 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.
(i) 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
idustrial zones shall be screened from view of the streets by structures or by
landscaped buffer at least ten (1d) feet in width and planted with a
Dmbination of trees, shrubs, and ground cover and/or a suitable fence of
efficient height and density to obstruct the view of the storage area.
i. 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
djacent to any residential zone or commercial zone, are required to be
creened with a seven (7') foot tall decorative masonry wall or privacy fence
s approved by the Zoning Administrator.
i. Setbacks.
a. Front Setback. The wall or fence must be set back at
least ten (1o') 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 io: 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 ii: 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 Farking Spaces required are as tollows:
RESIDENTIAL DWELLINGS (Off -Street Parking)
Single -Family Dwellings
(attached and
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
2 Spaces per Unit (plus
1o% visitor parking) *1.5
Spaces per Unit (plus
10 % visitor
parking)
RESIDENTIAL USES
Congregate Residence
Space per Occupant (unless
(Dormitory Style Housing)
otherwise approved by the
Zoning Administrator)
Dormitory Housing
Space per Occupant, (plus
1o% visitor parking,) plus 1
Space per Employee at
Highest Shift
Motels and Hotels (Transient
1 Space per Sleep Room
Lodging)
plus 1 Space per Employee
at Highest Shift
Nursing, Assisted Living, or
0.25 Spaces per Bed plus 1
Group Homes
Space per Employee at
Highest Shift
Short -Term Rentals
2 Spaces for
(including Boarding House, Bed
Owner/Manager plus 1
and Breakfast)
Space per Bedroom being
rented. *No on -street
arkin allowed.
SPACES
BUSINESS OR SERVICE (per i,000 square
feet of gross floor area)
All warehousing (plus 3 spaces per 1,000 square
0.2
feet of office, retail, or other public area)
Automotive, Trucks, Recreational Vehicles, Farm
Equipment (Sales, Service, and Repair), Building
Materials, Hardware, Furniture, or Home
1
Furnishings, Equipment Manufacturing (plus 3
spaces per 1,o00 square feet of office, retail, or
other public area)
All other services Professional offices, retail or other
3
public areas, Daycare Facility, Commercial Daycare
Center
General Merchandise, Grocery Stores, Indoor
Amusement Event Center, *Medical Clinic,
4
Shopping Centers — Mixed Uses Less than 200,000
square feet
Health Clubs Shopping Centers — Mixed Uses Over
5
200,000 square feet
6
Beau 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: o.9 spaces
per employee
Civic, social, fraternal organizations: i 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 2oo8) 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
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
call be regulated in the UD with the University Parking Ratios set forth
:low. In determining the ratio, all parking spaces located upon the
niversity Campus together with all on -street parking where the University
MDus occupies both sides of the street shall be included.
Student Ratio: 1 .20 spaces per FTE Student
11 Faculty Ratio: 1 .585 spaces per FTE Faculty
11 Staff Ratio: I .585 spaces per FTE Staff I
SECTION 13: AMENDMENT " 3.04.040 Size Of Parking Stalls" of
the RPxh1ir¢ Development Code is hereby amended as follows:
Space
Sidewal ✓Two-way
one-way Drive Aisle Width
Dimensions
Drive Aisle
Width*
Width
Parking30
Angle
o
6o
s
Standard
9'x2o'
6'
24'**
24
---
18
�5
13
Compact
8'x16'
6'
24'**
�4
18
�5
13
Parallel
9'x22'
S'
24'**
24
---
18
15
13
Optional
9'x16'
6'
24'**
24
18
15
13
Dormitory &
Multi -family
Parking Structure
Parking
9'x18'
24'**
Structure
Standard
Compact
8'x15'
24'***
Structure***
Parallel
91x22'
24'**
(Structure)
*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 (8o%) 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 "3.04.05o 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.
i. 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 (UD)
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 (1o') 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 "3.04.06o Parking Area Screening
And Safety" of the Rexburg Development Code is hereby amended as
follows:
A. 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 (16) 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 (io%) 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:
i. Parking in Residential Zones. (See subsection
4.00.o6o.)
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 (6o%) 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:
i. Driveway. Provide a sixty (6o') 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.o8o 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 "3.04.12o Nonconforming Parking Areas"
of the Rexburg Development Code is hereby repealed.
SECTION 21: AMENDMENT "3.o8.olo Permitted Uses In
Residential Zones" of the Rexburg Development Code is hereby amended as
follows:
ittPri TTcec in Residential Zones
Use _
Uses
RR1
RR2
LDRi
LDR
LDR
MDR
MDR
HDR
HDR
Categories
2
3
1
2
1
2
Commercial
Daycare Center
CUP
CUP
CUP
CUP
(13 or more
children)
Daycare
Facility
(between 7 & 12
CUP
CUP
CUP
CUP
CUP
CUP
CUP
children, 3 or
SCHOOLS
more times a
week)
Family Home
Daycare (6 or
less children, 3
P**
P**
P**
P**
P**
P
P
P
P
or more times a
week)
Schools (Pre-K
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
- 12)
RESIDEN-
Congregate
TIAL
(additional
Living
(Dormitory
CUP
CUP
CUP
CUP CUP
CUP
CUP
CUP
CUP
permitted
Style Housing)
use)
"Permitted with Administrative Approval
SECTION 22: AMENDMENT "3.o8.020 Permitted Uses In
Commercial Zones" of the Rexburg Development Code is hereby amended
as follows:
Permitted Uses In Commercial Zones
Use Uses MU CBC RBC RBD LI HI
Categories
Commercial Daycare
Center (13 or more
children)
P
P
P
P
P
Daycare Facility (between
7 & 12 children, 3 or more
CUP
CUP
CUP
times a week)
SCHOOLS
Family Home Daycare (6
or less children, 3 or more
P
P
P
CUP
times a week)
Schools (Pre-K - 12)
CUP
P
P
Special Training (Fire,
Police, etc.)
CUP
Technical Schools &
Vocational Schools
CUP
CUP
CUP
CUP
RESIDEN
MAL
(additiona
Congregate Living
CUP
1
(Dormitory Style Housing)
permitted
use)
SECTION 23: AMENDMENT "3.o8.030 Permitted Uses In
Other Zones" of the Rexburg Development Code is hereby amended as
follows:
Permitted Uses In Other Zones
Use t Uses TAG UD PF OS
Categories
Commercial Daycare Center (13 or more
children)
P
Daycare Facility (between 7 & 12
CUP
P
children, 3 or more times a week)
Family Home Daycare (6 or less
P**
P
SCHOOLS
children, 3 or more times a week)
Schools (Pre-K - 12)
CUP
P
P
S ecial Training (Fire, Police, etc.)
CUP
P
Technical Schools & Vocational Schools
P
CUP
University, College, Junior College,
P
P
Professional School Education
RESIDEN-
TIAL
(additional
Congregate Laving (Dormitory Style
CUP
permitted
Housing)
"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 "4.00.04o 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
f 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:oo p.m. and 7:oo 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.o6o 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.
i. 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 (3o) 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.
i. 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 "6.00.08o Parking Lot Orientation" of the
Rexburg Development Code is hereby repealed.
SECTION 29: REPEAL "6.00.10o Parking, Loading And Access"
of the Rexburg Development Code is hereby repealed.
SECTION 30: AMENDMENT "9.01.04o 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:
i. 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
3.05.11 o.H)
3. Visitor parking spaces may be used for tenants after curfew if time
limits are clearly stated on the signage.
SECTION 31: REPEAL "9.01.08o Changes In Ratio" of the
Rexburg Development Code is hereby repealed.
SECTION 32: AMENDMENT "1o.o8.040 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 %o.o8.o6o 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 (ioo) 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 ofthe 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 knownas 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 12025, 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.
erry M rril , Mayor
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.
ASSED BY THE CITY COCUNCIL AND APPROVED BY THE MAYOR this ist
of October 2025.
Deborah Lovejoy, City Ck k
(SEAL)