HomeMy WebLinkAboutOrd_Zone Clarifications January 2026 clean copy 3.5.26Page 1
CITY OF REXBURG
ORDINANCE ZONE CLARIFICATIONS JANUARY 2026
NOW THEREFORE, be it ordained by the Council of the City of Rexburg, in the
State of Idaho, as follows:
SECTION 1: AMENDMENT “1.04.020 Amendments To This Ordinance”
of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
1.04.020 Amendments To This Ordinance
The Council may, by ordinance, after receipt of recommendation from the Commission and
subject to procedures provided by law, amend, supplement, change, or repeal the regulations,
restrictions, and boundaries or classifications of property. Such amendments may include text
amendments or map revisions.
A.Initiation of Ordinance Amendments. Amendments to this Ordinance may be
initiated in one of the following ways:
1.Application. (See subsection 1.04.010.) By the filing of an application by a
property owner or authorized agent with the area proposed to be changed by
the amendment. The applicant shall provide the Zoning Administrator with the
following additional information:
a.Narrative Statement. A statement on how the proposed amendment
relates to the Comprehensive Plan, availability of public facilities, and
compatibility with the surrounding area and zoning.
b.Area of Impact. In the event an application for rezoning received by
the Commission requests a rezoning of any lands that lie within one
quarter (1/4) mile of any boundary of the Sugar City Area of City
Impact, the Commission shall provide the City of Sugar City written
notice of the application for rezoning.
2.By adoption of a motion by the Commission
3.By adoption of a motion by the Council
B.Zoning Map Revisions. Comprehensive Plan Amendment. If the request for
zoning amendment is not in accordance with the Comprehensive Plan, the
Commission shall consider and the Council may adopt or reject an amendment to the
Comprehensive Plan after notice and hearings as provided in Section 67-6509, Idaho
Code. (See following summary table for allowable zoning in Comprehensive Plan
areas.)
Summary Table of Appropriate Land Uses for each Comprehensive Plan Map
Designation: (Amended 6 Sept 2023 by Resolution 2023-12)
Comprehensive Plan Designation Allowable Zoning District
C
Page 2
Industrial (LI) Light Industrial (HI) Heavy
Industrial
Commercial/Mixed Use
(RBC) Regional Business Center
(CBC) Community Business Center
(MU) Mixed Use
High Residential
(HDR1) High - Density Residential 1
(HDR2) High - Density Residential 2
(MU) Mixed Use
Intermediate Residential (MDR1) Medium Density Residential 1
(MDR2) Medium Density Residential 2
Low Residential
(RE) Residential Estate
(TAG) Transitional Agriculture
(LDR1) Low Density Residential 1
(LDR2) Low Density Residential 2
(LDR3) Low Density Residential
3
Open Spaces/University
(UD) University District
(OS) Open Space
(PF) Public Facilities
City Center Form-Based
(MST) Main Street Transect
(CCT) City Center Transect
(CT) Core Transect
(RT) Residential Transect
C.Commission Consideration. In evaluating requests for amendments, the Commission
shall consider, in addition to conformance with the Comprehensive Plan as required by
Section 67-6511, Idaho code, the following:
1.The capacity of existing public streets, water and sewer facilities, storm
drainage facilities, solid waste collection and disposal, and other utilities.
2.The capacity of existing public services, including but not limited to, public
safety services, public emergency services, schools, parks and recreational
services.
3.The potential for nuisances or health and safety hazards that may adversely
affect adjoining properties.
4.Recent changes in land use on adjoining properties or in the neighborhood of
the map revision.
D.Other Material Recommendations. Following the hearing, if a material change in
the ordinance is recommended, other than that published for the present hearing,
Page 3
further notice and hearings shall be provided before the Commission forwards its
recommendation to the Council.
SECTION 2: AMENDMENT “3.01.020 Zoning Districts” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
3.01.020 Zoning Districts
The City may be divided into the following zoning districts, the boundaries and extent of
which shall be shown on the official Rexburg Zoning Map by the City of Rexburg Staff:
Residential Zones (b) Rural Estate (RE) (c) Low Density Residential 1 (LDR1) (d) Low
Density Residential 2 (LDR2) (e) Low Density Residential 3 (LDR3) (f) Medium Density
Residential 1 (MDR1) (g) Medium Density Residential 2 (MDR2) (h) High Density
Residential 1 (HDR1) (i) High Density Residential 2 (HDR2)
Combined Use Zones (j) Mixed Use (MU) (k) Transitional Agriculture (TAG)
Commercial District Zones (l) Community Business Center (CBC) (m) Regional Business
Center (RBC)
Highway Business District Zones (n) Light Industrial District (LI) (o) Heavy Industrial
District (HI)
Other Zones (p) Open Space (OS) (q) Public Facilities Zone (PF) (r) University District (UD)
(t) Project Redevelopment Option (PRO)
SECTION 3: AMENDMENT “3.02.160 Sidewalks” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
3.02.160 Sidewalks
A.In all zones, all buildings erected, established, or rebuilt shall be required to place
sidewalks per the current City Engineering Standards. (See Appendix.B.)
1.Exempt in Transitional Agriculture (TAG) zones.
B.Mixed Use. Sidewalks parallel to any city street within a Mixed Use (MU) zone shall
be a minimum of eight (8') feet wide.
C.Sidewalk Access. Projects located within Medium Density Residential (MDR), High
Density Residential (HDR) or Mixed Use (MU) zones are required to demonstrate
Page 4
sidewalk access to the BYU-I campus and to the nearest Substantial Commercial
Cluster (See definition in Chapter 2).
D.Parking Lots.
1.Sidewalks. The sidewalk shall be no less than six (6') feet wide where parked
vehicles overhang the sidewalk.
2.Drainage. Parking lots shall provide adequate drainage which shall not run
across or cover a public sidewalk.
E.When a fence is placed adjacent to a public sidewalk in residential zones and no
driveway access exists, a one (1') foot landscape strip shall be maintained between the
standard sidewalk and the fence.
1.Exempt in Mixed Use (MU)
SECTION 4: AMENDMENT “3.05.190 Sign Specifications By Zone” of
the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
3.05.190 Sign Specifications By Zone
Type of
Sign
Sign
Area
(Sq. Ft.)
Max
Height
(Ft)
Applicabl
e Zones
Property
Setback
Illuminati
on
Restrictio
ns
Tempora
ry
For Sale,
Rent or
Lease
6 6
TAG, RE,
LDR1,
LDR2,
LDR3
Outside
Sight
Triangle
Not
Allowed
1 per
street
frontage,
limited to
60 days3210
MDR1,
MDR2,
HDR1,
HDR2,
MU,
CBC,
RBC, LI,
HI
Outside
Sight
Triangle
Not
Allowed
Constructi
on,
Temporar
y
32 8
TAG, RE,
LDR1,
LDR2,
LDR3
Outside
Sight
Triangle
Not
Allowed
Maximum
area of 96
sq. ft.,
limited to
MDR1,
MDR2,
HDR1,
Page 5
32 12 HDR2,
MU,
CBC,
RBC, LI,
HI
Outside
Sight
Triangle
Not
Allowed
60 days
Wall
Home
Occupatio
n
2 Limited
by Wall
TAG, RE,
LDR1,
LDR2,
LDR3
Must be
parallel to
wall
Not
Allowed
1 per
street
frontage
Wall
Signs
10-14%
Dependin
g on
location
from
ROW
Limited
by Wall
MDR1,
MDR2,
HDR1,
HDR2,
MU,
CBC,
RBC, LI,
HI
N/A Allowed
Blade
signs
require a
minimum
ground
clearance
of 11'
Accessor
y On-
Premise
Included
in area
calculatio
ns
24 (50 in
interchang
e areas
shown
above)
MDR1,
MDR2,
HDR1,
HDR2,
MU,
CBC,
RBC, LI,
HI
Minimum
of 1' (No
portion of
the sign
may
overhang
into the
ROW)
Allowed N/A
Private
Direction
al
6 3**All Zones
Outside
Sight
Triangle
Allowed
Any logo
must be
smaller
than the
directional
info
Pole Sign
See
Calculatio
n Table
24 (50 in
interchang
e areas
shown
above)
CBC,
RBC, LI,
HI
Minimum
of 1' (No
portion of
the sign
may
overhang
into the
ROW)
Allowed
May
apply for
a CUP for
height
greater
than24'.
See
calculatio
n table for
distance
requireme
nts
Page 6
Freestan
ding PUD,
Subdivisi
on
Identificat
ion
64 8
TAG, RE,
LDR1,
LDR2,
LDR3,
MDR1,
MDR2,
HDR1,
HDR2,
MU
Minimum
of 1' (No
portion of
the sign
may
overhang
into the
ROW)
Allowed
Maximum
area of 64
sq. ft. per
sign
Plaza
Signs
See
Calculatio
n Table
24 (50 in
interchang
e areas
shown
above)
MU,
CBC,
RBC
Minimum
of 1' (No
portion of
the sign
may
overhang
into the
ROW)
Allowed
Sign
space
must be
available
for each
tenant
within the
plaza
Off
Premise*
**
Not
Allowed
Not
Allowed
Not
Allowed
Not
Allowed
Not
Allowed
Not
Allowed
**Maximum height dependent upon type of directional sign (i.e. entrance/exit signs are a
maximum of three (3’) feet in height).
***Except grandfathered billboards.
Page 7
SECTION 5: AMENDMENT “3.08.010 Permitted Uses In Residential
Zones” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
3.08.010 Permitted Uses In Residential Zones
Permitted Uses In Residential Zones
Use
Categ
ories
Uses RE LDR1 LDR2 LDR3 MDR
1
MDR
2 HDR1 HDR2
ACCE
SSOR
Y
Access
ory
Livest
ock
P P P
Access
ory
Swim
ming
Pool
P P P P P P P P
Access
ory
Dwelli
ng
Unit
CUP CUP
Access
ory
Buildi
ng
P P P P P P P P
Access
ory
Home
Busine
ss
CUP CUP CUP CUP
Access
ory
Home
Occup
ation
P P P P P P P P
Page 8
RENT
AL,
SHOR
T-
TERM
,
TRAN
SIENT
LIVIN
G
Short-
term
Rental
P*P*P*P*P P P P
GRO
UP
LIVIN
G
WITH
ASSIS
TANC
E
Assiste
d &
Reside
ntial
Care
Facilit
y
CUP CUP CUP CUP CUP CUP P P
Group
Home
(Disabl
ed &
Elderly
)(8 and
fewer
residen
ts)
P P P P P P P P
Reside
ntial
Facilit
y for
Elderly
Person
s
(greate
r than
8
residen
ts)
CUP CUP CUP CUP
Sanitar
iums,
Conval
escent
& Rest
Homes
CUP CUP
Page 9
RESI
DENT
IAL
Single-
Family
Dwelli
ng
Detach
ed
P P P P
Single-
Family
Dwelli
ng
Attach
ed
(except
townh
omes)
P P
Single-
Family
Dwelli
ng
Attach
ed (3
or
more
units)
P P P P P
Multi-
Family
Dwelli
ng
P P P P
Dormit
ory CUP CUP CUP CUP
Congr
egate
Living
(Dormi
tory
Style
Housin
g)
CUP CUP CUP CUP CUP CUP CUP CUP
Manuf
actured
Housin
g
Comm
CUP
Page 10
unities
RECR
EATI
ON
&
ENTE
RTAI
NME
NT
Athleti
c
Fields
CUP CUP CUP CUP CUP CUP CUP CUP
Dog
Parks CUP CUP CUP CUP
Golf
Course
s
CUP CUP CUP CUP
Parks
&
Playgr
ounds
CUP CUP CUP CUP CUP CUP CUP CUP
Recrea
tion
Center
s
CUP CUP CUP CUP CUP CUP CUP CUP
SCHO
OLS
Comm
ercial
Daycar
e
Center
(13 or
more
childre
n)
CUP CUP CUP CUP
Daycar
e
Facilit
y
(betwe
en 7
and 12
childre
n, 3 or
more
times a
week)
CUP CUP CUP CUP CUP CUP
Family
Home
Daycar
e (6 or
Page 11
less
childre
n, 3 or
more
times a
week)
P**P**P**P**P P P P
School
s (Pre-
K - 12)
CUP CUP CUP CUP CUP CUP CUP CUP
ASSE
MBLY
-
DECE
ASED
Cemet
eries CUP CUP CUP CUP
Churc
hes,
Synag
ogues,
Templ
es &
Missio
ns
CUP CUP CUP CUP CUP CUP CUP CUP
TRAN
SPOR
TATIO
N
Autom
obile
Parkin
g Lots
&
Garage
s
(Stand-
alone)
CUP CUP CUP CUP
Right
of Way
(comb
o,
electric
transmi
ssion,
gas
pipelin
e,
sewag
e,
water
pipelin
e,
P P P P P P P P
Page 12
UTILI
TIES
&
FUEL
storm
drain)
Public
Faciliti
es
P P P P P P P P
Utilitie
s
(Rock
y
Mount
ain
Power,
Interm
ountai
n Gas,
etc.)
CUP CUP CUP CUP CUP CUP CUP CUP
Water
Storag
e
CUP CUP CUP CUP CUP CUP CUP CUP
*For Short-Term Rental restrictions, see subsection 4.00.025
**Permitted with Administrative Approval
SECTION 6: AMENDMENT “3.08.020 Permitted Uses In Commercial
Zones” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
3.08.020 Permitted Uses In Commercial Zones
Permitted Uses In Commercial Zones
Use
Categorie
s
Uses MU CBC RBC LI HI
Agricultur
e
Packaging
CUP P
Agricultur
e
Page 13
AGRICU
LTURAL
Processin
g
CUP P
Agricultur
e Product
& Input
Sales
CUP CUP P P
Farm &
Constructi
on
Vehicles,
Equipmen
t &
Supplies
CUP CUP P P
ACCESS
ORY
Accessory
Building P P P P P
Accessory
Dwelling
Unit
CUP CUP
Accessory
Home
Occupatio
n
P
Accessory
Swimmin
g Pool
P
RENTAL
, SHORT-
TERM,
TRANSI
ENT
LIVING
Short-term
Rental P
Hotels,
Motels P P P CUP
Campgrou
nds, RV
Campsites
& Travel,
Tiny
Homes on
Wheels
CUP
Assisted
&
Residentia
l Care
Facility
P
Page 14
GROUP
LIVING
WITH
ASSISTA
NCE
Group
Home
(Disabled
& Elderly)
(8 and
fewer
residents)
P
Residentia
l Facility
for
Elderly
Persons
(greater
than 8
residents)
CUP CUP
Sanitariu
ms,
Convalesc
ent, &
Rest
Homes
CUP CUP
RESIDE
NTIAL
Single-
Family
Dwelling
Attached
(3 or more
units)
P
Multi-
Family
Dwelling
P
Dormitory CUP
Congregat
e Living
(Dormitor
y Style
Housing)
CUP
Athletic
Clubs,
Body
Building
Studios,
Aerobic
P P P CUP
Page 15
RECREA
TION &
ENTERT
AINMEN
T
Centers &
Gymnasiu
ms
Amuseme
nt Parks CUP CUP
Athletic
Fields CUP CUP
Commerci
al Pools CUP P P
Dog Parks CUP CUP
Drive-In
Movies CUP
Event
Center
(Dancing,
Conferenc
es,
Performan
ces)
CUP P P
Go-Car,
4-Wheeler
Tracks
CUP CUP
Golf
Driving
Ranges
P
Ice
Skating
(Commerc
ial)
CUP P P
Indoor
Amuseme
nt (Pool
Halls,
Bowling
Alleys,
Indoor
Golf, etc.)
CUP P P
Museums
and Art
Galleries,
Cultural
P P P
Page 16
Activities
Parks &
Playgroun
ds
CUP P
Recreatio
n Centers P P P
Riding
Stables
(Animals
are
housed
also)
CUP
Roller
Skating CUP P P
Spas P P P
Sports
Stadiums,
Arenas &
Field
Houses
CUP
Theatres
(Auditoriu
ms,
Performin
g &
Motion
Pictures)
CUP P P
Daycare
Facility
(Between
7 and 12
children, 3
or more
times a
week)
CUP CUP
Commerci
al
Daycare
Center (13
or more
children)
P P P P P
Page 17
SCHOOL
S
Family
Home
Daycare
(6 or less
children, 3
or more
times a
week)
P P P
Schools
(Pre-K -
12)
CUP P P
Special
Training
(Fire,
Police,
etc.)
CUP
Technical
Schools &
Vocational
Schools
CUP CUP CUP CUP
ASSEMB
LY-
DECEAS
ED
Churches,
Synagogu
es,
Temples,
&
Missions
CUP CUP
Funeral
Parlor
(Mortuary
) &
Crematory
P CUP
Automobi
le Parking
Impound
Yards
(Stand-
alone)
CUP P
Automobi
le Parking
Lots &
Garages
(Stand-
alone)
P P P P P
Page 18
TRANSP
ORTATI
ON
Automobi
le Repair
&
Maintenan
ce
P P P
Automobi
le Sales &
Rental
P**P P
Bus
Garaging
&
Equipmen
t
Maintenan
ce
CUP P P
Bus
Passenger
Terminals
P P P
Freight
Garaging
&
Maintenan
ce
P P
Freight
Terminals CUP P P
Helipad CUP CUP CUP CUP
Railroad
Yards P P
Truck &
Bus Sales CUP P P P
Truck &
Trailer
Rentals
(no
drivers)
CUP CUP P P
Truck
Repair CUP P P
Animal
Grooming CUP P P P
Commerci CUP CUP
Page 19
ANIMAL
S
al Kennels
Veterinari
an
Services
(Large
Animal
with
Outdoor
Facilities)
CUP CUP
Veterinari
an
Services
(Small
Animal
Indoor
Only)
CUP*P P P
FOOD &
DRINK
Bakeries
&
Doughnut
Shops
P P P P
Candy,
Nut &
Confectio
nery
P P P P
Canning -
Fruits,
Vegetable
s,
Preserves,
Jams,
Specialty,
etc.
CUP P
Eating
Places
(with a
Drive
Through)
CUP P P
Eating
Places
(without a
Drive
Through)
P P P
Page 20
Food &
Kindred
Products
(Except
meat
packing,
animal &
marine
fats &
Oils)
P P
Food
Lockers P P
Grocery
Stores CUP P P
Liquor
Stores P P
Mobile
Vending
Court
CUP CUP CUP CUP
OFFICE-
TYPE
BUSINE
SS
Banks &
Credit
Unions
CUP P P
Call
Centers CUP P P
Commerci
al Printing P P P P
Profession
al
Services
Office
(Accounti
ng,
Financial,
Insurance,
Legal,
Real
Estate,
etc.)
P P P
Scientific
Research
& Testing
(Laborator
CUP P P P
Page 21
y)
Wedding
Chapels &
Reception
Centers
P P CUP
Welfare &
Charitable
Services
P P P
MEDICA
L &
EMERG
ENCY
Ambulanc
e & Fire
Services
CUP CUP CUP CUP
Behavior,
Drug &
Alcohol
Treatment
CUP CUP
Hospitals,
Operation
s Centers,
Out-
Patient
Medical
CUP CUP CUP
Medical
Laboratori
es
CUP P P P
Pharmacy
& Medical
Supplies
P P P
Physicians
& Dental
Offices
P P P
GOVER
NMENT
Governme
ntal
Services
P P P
Libraries P P P
Police
Protection
& Related
Activities
Office
P P P
Postal
Services P P
Page 22
BUILDI
NG &
CONSTR
UCTION
Building
&
Constructi
on
Supplies
Retail (No
Storage
Yard)
P P P P P
Building
&
Constructi
on
Supplies
Retail
(with
Storage
Yard)
CUP CUP P P
Concrete
Mix Plant;
Asphalt
Hot Plant
CUP
STORAG
E
Househol
d Good
Storage
CUP CUP P
Refrigerat
ed
Warehousi
ng
CUP P P
Warehousi
ng &
Storage
Industrial
Services
CUP P
Antiques P P P
Auction
Houses CUP CUP
Auction
yard CUP P
Beauty &
Barber
Shops &P P P
Page 23
Supplies
Profession
al,
Scientific
&
Controllin
g
Instrument
s, &
Supplies
CUP P P P
Equipmen
t Rental &
Leasing
(Including
Outside
Storage)
CUP CUP P
Equipmen
t Rental
(Indoor
Only)
P P P P
Lawn &
Garden
Supplies
(Nursery
stock,
Equipmen
t, Tools,
Greenhou
se, Yard
Art, etc.)
CUP P P P
Gas,
Bottled
(LP
Exchange
& Refill)
P P P
Gasoline
Service
Stations
CUP P P P CUP
General
Merchand
ise
(Departme P P P
Page 24
SHOPPI
NG
nt,
Discount,
Variety,
etc.)
Hardware P P P P
Horticultu
re & Plant
Nurseries
P P P
Janitorial
Supplies CUP P P P P
Locksmith
s & Key
Shops
P P P
Machiner
y Retail
(Robotics,
Machine
Tools,
Manufact
uring
Equipmen
t, etc.)
CUP CUP P P
Manufact
uring of
Apparel &
Accessori
es (except
leather
tanning &
finishing)
P P
Musical
Instrument
s
P P P
Pawn
Shops
(No
Outside
Storage)
CUP
Petroleum
& LP
Bulk CUP CUP CUP P
Page 25
Stations &
Terminals
Recreatio
nal
Vehicles,
Parts &
Accessori
es
CUP P P P
Shopping
Centers CUP P P
Thrift
Store &
Second-
Hand
Merchand
ise (No
Outside
Storage)
CUP P CUP
MINOR
ASSEMB
LY
&
OTHER
INNOCU
OUS
MANUF
ACTURI
NG
Gunsmith P P P
Industrial
Laundry CUP P
Dry
Cleaning CUP P P
Laundry,
Pressing,
Alteration
&
Garment
Repair
P P P
Minor
Manufact
uring &
Assembly
(Small
Item)
CUP P
Photograp
hic
Studio,
Supplies
&
Equipmen
P P P
Page 26
t
Pottery &
Related
Products
CUP P
Repair
Services CUP P CUP P P
Bottling &
Canning,
Soft
Drinks &
Carbonate
d Water
P P
Explosive
s CUP
Fire Arms
&
Ammuniti
on
CUP CUP
Fire
Works CUP
Glass,
Flat,
Pressed
CUP P
Industrial
Inorganic
Chemicals
(includes
air
separation
)
CUP
Foundries
(Refining
&
Extruding
of Metals)
CUP
Junk
Dealers,
Salvage
Operation
s, Waste
Material
CUP
Page 27
HEAVY
MANUF
ACTURI
NG &
RECYCL
ING
& Scrap
Leather
Tanning
&
Finishing
P
Matches P
Metal
Working
Machiner
y &
Equipmen
t (tool &
dye shops,
machine
shops)
CUP P
Miscellan
eous
Fabricated
Rubber
Products
CUP P
Non-clay
Refractori
es
P
Nuclear
Energy CUP
Paper &
Allied
Products
(Except
Pulp)
P
Plastic
Materials,
Synthetic
Resins &
Non-
vulcaniza
ble
Elastomer
s
CUP CUP
Printing
Ink P P
Page 28
Recycle
Center
CUP
Textile
Mill
Products
(no tire
cord &
fabric)
P P
Tire Cord
& Fabric P
UTILITI
ES &
FUEL
Electric
Generatio
n Plants
(conventio
nal fuel
including
hydroelect
ric, solar,
etc.)
CUP
Refuse
Disposal CUP CUP
Right of
Way
(combo,
electric
transmissi
on, gas
pipeline,
sewage,
water
pipeline,
storm
drain)
P P P P P
Public
Facilities P P P P P
Spreading
Grounds
(for
percolatin
g water
into
undergrou
CUP CUP CUP
Page 29
nd)
Storage
Yards
(Utility)
P P
Utilities
(Rocky
Mountain
Power,
Intermoun
tain Gas,
etc.)
CUP CUP CUP CUP CUP
Waste
Water
Treatment
Plants,
Sludge
Drying
Beds, etc.
CUP CUP
Water
Storage CUP CUP CUP CUP CUP
Water
Treatment
Plants
(Purificati
on)
CUP
* See conditions in 5.01.020 Mixed Use Permitted Uses
**See conditions in 6.01.020 Commercial Business Center Permitted Uses
SECTION 7: AMENDMENT “4.00.025 Rentals” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
4.00.025 Rentals
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.
Page 30
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)
B.Short-Term Rentals (including Boarding Houses and Bed and Breakfast Inns).
1.Application Required.
2.Registration and Life Safety Inspection Required. A City Registration,
Life Safety Inspection and Code compliance is required and all application
requirements must be met.
a.Parking Requirements. Two (2) parking spaces are required for the
house and one (1) additional space is required for each rented room.
b.In TAG, RE, LDR1, LDR2, and LDR3 zones, the owner or a
manager must live onsite.
c.In all other zones, the owner, a manager, or the owner's agent must be
available in Madison County, Idaho.
d.Other Requirements.(see Residential Building, Electrical,
Mechanical, Plumbing, and Fire Requirements by contacting the
Rexburg Building Department or visiting the City's website).
3.Fees. Short-term Rental fees as per the adopted City of Rexburg Fee
Schedule.
4.Violations. Three (3) violations of City Ordinances will trigger revocation of
Rental Registration.
C.Accessory Dwelling Units (ADUs).
1.Application Required.
2.Life Safety Inspection Required. Life Safety Inspection and Code
compliance is required and all application requirements must be met.
3.Accessory Dwelling Units (ADUs):
a.Shall adhere to all rental regulations outlined above in this section as
well as Idaho Code § 55-3212.
b.Require ongoing owner occupancy of either the primary residence or
the ADU.
c.Shall be limited to one (1) ADU per single-family dwelling.
Page 31
d.Shall meet the zone requirements including but not limited to setbacks
and lot coverage.
e.May be part of existing structure or as a detached structure.
(1)Recreational vehicles, tiny homes, or other similar structures
on wheels are not permitted as an accessory dwelling unit.
f.Shall meet all building code requirements for an accessory dwelling
unit.
g.Shall contain no more than 2 bedrooms.
h.Shall have two (2) parking spaces provided on site, in addition to the
primary residence’s two (2) required parking spaces.
SECTION 8: AMENDMENT “4.00.040 Home Occupation” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
4.00.040 Home Occupation
In order to provide for home occupations that are secondary to the use of the premises as a
residence and are compatible with the quiet, peaceful nature of a residential neighborhood, no
home occupation shall be permitted without the prior issuance of a Conditional Use Permit or
Home Occupation Permit or license as required by the type of home occupation desired. Any
business must be registered with the State of Idaho to obtain an EIN number and the City of
Rexburg.
A.Process Requirements
1.Submit Application
2.Payment of a permit fee
3.Regulation Compliance
4.CUP Process (If needed)
5.Permit Issued
B.Standard Regulations. All Home Occupations and Businesses, whether permitted or
conditional, must adhere to the following standard regulations.
1.Accessory Uses. In all residential zones, home occupations in compliance
with the following regulations are permitted as accessory uses.
2.Appearance. There shall be no change in the outside appearance of the
dwelling or premises or any visible evidence of the conduct of a home
occupation.
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.
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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
Page 33
to the general public.
2.Area. A home occupation shall be conducted entirely within a dwelling and
shall not occupy more than twenty (20%) percent of the floor area of the
residence.
3.Delivery Services. The home occupation shall not involve the use of
commercial vehicles for delivery of materials to or from the premises other
than vans regularly involved in commercial delivery such as United Parcel
Service, Federal Express, or the United States Postal Service greater than that
of a standard residential home. The applicant may use his/her personal vehicle,
provided it does not exceed three quarter (3/4) ton, for deliveries.
4.Employees. No one other than members of the immediate family residing in
the home shall be employed in the conduct of a home occupation.
5.Instruction. If the home occupation is the type in which classes are held or
instruction is given to more than one (1) person at a time, there shall be no
more than six (6) students or pupils in the dwelling unit or on the premises at
any one time. No more than (2) two sessions shall be held daily. The home
must be owner/leasee occupied.
6.Motors. No motor power other than electrically operated motors shall be used
in connection with a home occupation. Home occupations shall not involve
the use of electric motors of more than three (3) h.p.
7.Parking. The use shall not require additional off-street parking spaces for
clients or customers of the home occupation.
E.Conditional Uses. A home occupation which does not comply with the Permitted
Uses above may be permitted in all residential zones only if a conditional use permit is
secured. Such home occupations shall comply with standard regulations and the
following regulations:
1.Area. More than the equivalent of twenty-five (25%) percent of the floor area
of the residence shall not be associated with the home occupation.
2.Delivery. The home occupation shall not involve the use of commercial
vehicles with more than six (6) wheels for delivery of materials to or from the
premises. Such deliveries would exceed the normal delivery to a residential
home. Deliveries shall be limited to five (5) deliveries per (1) week.
3.Employees. No one other than the residents of the dwelling shall be employed
in the conduct of the home occupation.
4.Hours. No home occupation shall be conducted between the hours of 9:00
p.m. and 7:00 a.m.
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.
Page 34
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) , and Rural Estate (RE), Low Density Residential 1
(LDR1), Low Density Residential 2 (LDR2) and Low Density Residential 3
(LDR3).
3.A home business may be allowed in up to twenty-five (25%) percent of the
primary residence or one-hundred (100%) percent of an accessory structure.
4.Up to four (4) non-related employees may be allowed.
5.Childcare may have up to twelve (12) children. (The care of additional
children shall constitute a Commercial Daycare Center.)
6.The home must be owner/leasee occupied.
SECTION 9: AMENDMENT “4.1 RURAL RESIDENTIAL 1 (RR1)” of
the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.1 RURAL RESIDENTIAL 1 (RR1) (Removed)
SECTION 10: AMENDMENT “4.01.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.01.010 Purposes And Objectives
SECTION 11: AMENDMENT “4.01.020 Permitted Uses” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
Page 35
4.01.020 Permitted Uses
SECTION 12: AMENDMENT “4.01.070 Lot Configuration And Density”
of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.01.070 Lot Configuration And Density
SECTION 13: AMENDMENT “4.01.120 Referenced Sections” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.01.120 Referenced Sections
SECTION 14: AMENDMENT “4.2 RURAL RESIDENTIAL 2 (RR2)” of
the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.2 RESIDENTIAL ESTATE (RE)
Comprehensive Plan Designation is Low Residential.
All Zoning Standards apply. (See sections 3.1-3.7.)
All Residential Standards apply. (See section 4.0.)
Page 36
SECTION 15: AMENDMENT “4.02.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.02.010 Purposes And Objectives
The RE Zone is established for detached single-family dwellings on larger lots with an
atmosphere of large landscaped lawns, low building heights, ample setbacks and side yards.
SECTION 16: AMENDMENT “4.02.070 Lot Configuration And Density”
of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.02.070 Lot Configuration And Density
The following requirements apply to any lot or parcel of land in the RE zone:
A.Maximum Density. The density shall not exceed one (2) dwelling units per one (1)
acre.
B.Lot Area. The minimum lot area allowed is one-half (½) acre.
C.Lot Dimensions.
1.Width. The minimum lot width allowed is one-hundred twenty (120’) feet.
2.Depth. The minimum lot depth allowed is one-hundred forty (140’) feet.
3.Frontage. Each lot shall abut a public street for a minimum distance of thirty-
five (35’) feet.
D.Permissible Lot Coverage.
1.Building Coverage. All buildings, including accessory buildings and
structures and impervious surfaces, shall not cover more than seventy (70%)
percent of the area of the lot.
a.Impervious Surface. On any lot, concrete or asphaltic cement shall
not cover more than forty (40%) percent of a front yard, fifty (50%)
percent of a rear yard, and one hundred (100%) percent of one (1)
side yard.
2.Landscaping. At least thirty (30%) percent of the area of any lot shall be
maintained in landscaping.
E.Setback Requirements
1.Front Setback. The minimum front yard setback is twenty-five (25’) feet
from right-of-way.
Page 37
2.Rear Setback. The minimum depth of a rear yard setback is twenty-five (25’)
feet.
3.Side Setback. The minimum side yard setback is six (6’) feet.
4.Projections.
a.Side Yard Projections. No projection is allowed within a side yard
setback.
b.Box, Bow or Bay Windows. Box, Bow or Bay Windows, that are
not wider than eight (8’) feet, may project up to one (1’) foot in a front
setback and up to two (2’) feet in a rear setback but shall not project
into a side yard.
F.Building Height.
1.The maximum height of any building or structure is thirty (30') feet, measured
at the top of the building's horizontal wall.
G.Accessory Buildings. (See subsection 3.02.060.)
SECTION 17: AMENDMENT “4.3 LOW DENSITY RESIDENTIAL 1
(LDR1)” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.3 LOW DENSITY RESIDENTIAL 1 (LDR1)
Comprehensive Plan Designation is Low Residential.
All Zoning Standards apply. (See section 3.1-3.7.)
All Residential Standards apply. (See section 4.0.)
SECTION 18: AMENDMENT “4.03.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.03.010 Purposes And Objectives
The LDR1 zone is established for detached single-family dwellings on larger lots with an
atmosphere of large, landscaped lawns, low building heights, ample setbacks and side yards.
Page 38
SECTION 19: AMENDMENT “4.4 LOW DENSITY RESIDENTIAL 2
(LDR2)” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.4 LOW DENSITY RESIDENTIAL 2 (LDR2)
Comprehensive Plan Designation is Low Residential.
All Zoning Standards apply. (See sections 3.1-3.7.)
All Residential Standards apply. (See section 4.0.)
SECTION 20: AMENDMENT “4.04.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.04.010 Purposes And Objectives
The LDR2 zone is established for detached single-family dwellings and attached single-family
dwellings with a limit of two units on medium-sized lots with an atmosphere of landscaped
lawns and low building heights.
SECTION 21: AMENDMENT “4.5 LOW DENSITY RESIDENTIAL 3
(LDR3)” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.5 LOW DENSITY RESIDENTIAL 3 (LDR3)
Comprehensive Plan Designation is Low Residential.
All Zoning Standards apply. (See sections 3.1-3.7.)
All Residential Standards apply. (See section 4.0.)
SECTION 22: AMENDMENT “4.05.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
Page 39
A M E N D M EN T
4.05.010 Purposes And Objectives
The LDR3 zone is established for detached and attached single-family dwellings on smaller
lots with an atmosphere of landscaped lawns and low building heights.
SECTION 23: AMENDMENT “4.05.020 Permitted Uses” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
4.05.020 Permitted Uses
Permitted Principal Uses. (See subsection 3.08.010)
Permitted Accessory Uses. (See subsections 3.02.060., 4.00.020.) Accessory uses and
structures are permitted provided they are incidental to, and do not substantially alter the
character of, the permitted principal use or structure.
A.Animals.
1.Household pets are allowed.
SECTION 24: AMENDMENT “4.05.060 Lot Configuration And Density”
of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.05.060 Lot Configuration And Density
The following requirements apply to any lot of parcel of land in the LDR3 zone.
A.Maximum Density. The density shall not exceed ten (10) dwelling units per one (1) acre.
1.Consolidation of density may be achieved through an approved Planned Unit
Development or designated open-space areas.
B.Lot Area. The minimum lot area allowed is four thousand three hundred fifty six (4,356 sq.
ft.) square feet.
C.Lot Dimensions.
1.Width. The minimum lot width allowed is sixty (60') feet.
2.Depth. The minimum lot depth allowed is sixty (60') feet.
3.Frontage. Each lot shall abut a public street for a minimum distance of twenty-four
(24') feet.
D.Permissible Lot Coverage.
Page 40
1.Building Coverage. All buildings, including accessory buildings or structures and
impervious surfaces, shall not cover more than eighty (80%) percent of the area of the
lot.
a.Impervious Surface. Concrete or asphaltic cement shall not cover more than
fifty (50%) percent of a front yard, fifty (50%) percent of a rear yard, and one-
hundred (100%) of one (1) side yard.
2.Landscaping. At least twenty (20%) percent of the area of the lot shall be maintained
in landscaping.
E.Setback Requirements.
1.Front Setback. The minimum front yard setback is twenty-five (25') feet from right-
of-way.
a.Exception. When the street upon which the parcel fronts has a landscape strip
of at least seven (7’) feet, the front yard setback may be reduced to twenty
(20’) feet from right-of-way.
b.Exception. If all parking spaces are located behind the building, the front yard
setback may be reduced to fifteen (15') feet.
2.Rear Setback. The minimum rear yard setback is twenty (20') feet.
3.Side Setback. The minimum side yard setback is six (6') feet.
4.Projections.
a.Side Yard Projections. No projection is allowed in a side yard setback.
b.Box, Bow or Bay Windows. Box, Bow or Bay Windows, that are not wider
than eight (8’) feet, may project up to one (1’) foot in a front setback and up to
two (2’) feet in a rear setback but shall not project into a side yard.
F.Building Height.
1.The maximum height of any building or structure is thirty (30') feet, measured at the
top of the building's horizontal wall.
G.Accessory Buildings.(See subsection 3.02.060.)
SECTION 25: AMENDMENT “4.6 MEDIUM DENSITY RESIDENTIAL
1 (MDR1)” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.6 MEDIUM DENSITY RESIDENTIAL 1 (MDR1)
Comprehensive Plan Designation is Intermediate Residential.
All Zoning Standards apply. (See sections 3.1-3.7.)
All Residential Standards apply. (See section 4.0.)
Page 41
SECTION 26: AMENDMENT “4.06.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.06.010 Purposes And Objectives
The MDR1 zone is established for attached single-family dwellings (three (3) or more) and
multi-family housing in areas designed to support moderately increased densities.
SECTION 27: AMENDMENT “4.06.060 Lot Configuration And Density”
of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.06.060 Lot Configuration And Density
The following requirements apply to any lot or parcel of land in the MDR1 zone:
A.Maximum Density. The density shall not exceed sixteen (16) dwelling units per one (1) acre.
1.Consolidation of density may be achieved through an approved Planned Unit
Development or designated open-space areas.
B.Lot Dimensions.
1.Width. The minimum lot width allowed allowed is sixty (60') feet.
2.Depth. The minimum lot depth is sixty (60') feet.
3.Frontage. Each lot shall abut a public street for a minimum distance of twenty-four
(24') feet.
C.Permissible Lot Coverage.
1.Building Coverage. All buildings, including accessory buildings or structures and
impervious surfaces, shall not cover more than eighty (80%) percent of the area of the
lot.
a.Impervious Surface. Concrete or asphaltic cement shall not cover more than
fifty (50%) percent of a front yard, fifty (50%) percent of a rear yard, and one
hundred (100%) percent of one (1) side yard.
2.Landscaping. At least twenty (20%) percent of the area of any lot shall be maintained
in landscaping.
D.Setback Requirements.
1.Front Setback. The minimum front yard setback is twenty-five (25’) feet from right-
of-way.
a.Exception. When the street upon which the parcel fronts has a landscape strip
of at least seven (7’) feet, the front yard setback may be reduced to twenty
(20’) feet from right-of-way.
b.Exception. If all parking spaces are located behind the building, the front yard
Page 42
setback may be reduced to fifteen (15') feet.
2.Rear Setback. The minimum rear yard setback is twenty (20') feet.
3.Side Setback. The minimum side yard setback is six (6') feet or six (6") inches per
one (1') foot of building height, whichever is greater.
4.Building Height.
a.The maximum height of any building or structure shall be forty (40') feet,
measured at the top of the building's horizontal wall.
b.Accessory Buildings. (See subsection 3.02.070)
SECTION 28: AMENDMENT “4.7 MEDIUM DENSITY RESIDENTIAL
2 (MDR2)” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.7 MEDIUM DENSITY RESIDENTIAL 2 (MDR2)
Comprehensive Plan Designation is Intermediate Residential.
All Zoning Standards apply. (See sections 3.1-3.7.)
All Residential Standards apply. (See section 4.0.)
SECTION 29: AMENDMENT “4.07.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.07.010 Purposes And Objectives
The MDR2 zone is established for three (3) or more attached single-family dwellings and
multi-family housing designed to support moderately increased densities.
SECTION 30: AMENDMENT “4.07.060 Lot Configuration And Density”
of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.07.060 Lot Configuration And Density
Page 43
The following requirements apply to any lot or parcel of land in the MDR2 zone:
A.Maximum Density. The maximum density is twenty (20) dwelling units per one (1)
acre.
1.Consolidation of density may be achieved through an approved Planned Unit
Development or designated open-space areas.
B.Lot Dimensions.
1.Width. The minimum lot width allowed is sixty (60’) feet.
2.Depth. The minimum lot depth allowed is sixty (60’) feet.
3.Frontage. Each lot shall abut a public street for a minimum distance of
twenty-four (24’) feet.
4.Permissible Lot Coverage.
a.Building Coverage. All buildings, including accessory buildings or
structures and impervious surfaces, shall not cover more than eighty
(80%) percent of the area of the lot.
(1)Impervious Surface. Concrete or asphaltic cement shall not
cover more than fifty (50%) percent of a front yard, fifty
(50%) percent of a rear yard, and one hundred (100%)
percent of one (1) side yard.
b.Landscaping. At least twenty (20%) percent of the area of the lot
shall be maintained in landscaping.
C.Setback Requirements.
1.Front Setback. The minimum front yard setback is twenty-five (25’) feet
from right-of-way.
a.Front Yard Reduced Setback. When the street upon which the
parcel fronts has a landscape strip of at least seven (7’) feet, the front
yard setback may be reduced to twenty (20’) feet from right-of-way.
b.Reduced Setback for Parking. If all parking spaces are located
behind the building, the front yard setback may be reduced to fifteen
(15') feet.
2.Rear Setback. The minimum rear yard setback is twenty (20’) feet.
3.Side Setback. The minimum side yard setback is six (6') feet or six (6")
inches per one (1') foot of building height, whichever is greater.
a.Side Yard Reduced Setback. A setback of ten (10’) feet shall be
allowed within side yards that abut other MDR zones, HDR zones,
Commercial zones, or Mixed-Use zones, regardless of building
height.
D.Building Height. The maximum height of any building or structure shall be forty (40')
feet, measured at the top of the building's horizontal wall.
E.Accessory Buildings. (See subsection 3.02.060.)
SECTION 31: AMENDMENT “4.8 HIGH DENSITY RESIDENTIAL 1
(HDR1)” of the Rexburg Development Code is hereby amended as follows:
Page 44
A M E N D M EN T
4.8 HIGH DENSITY RESIDENTIAL 1 (HDR1)
The Comprehensive Plan designation is High Residential.
All Zoning Standards apply. (See sections 3.1-3.7.)
All Residential Standards apply. (See section 4.0.)
SECTION 32: AMENDMENT “4.08.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.08.010 Purposes And Objectives
The HDR1 zone is established for three (3) or more attached single-family dwellings, multi-
family housing and dormitory housing in areas designed to support higher densities. .
SECTION 33: AMENDMENT “4.9 HIGH DENSITY RESIDENTIAL 2
(HDR2)” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.9 HIGH DENSITY RESIDENTIAL 2 (HDR2)
The Comprehensive Plan designation is High Residential.
All Zoning Standards apply. (See sections 3.1-3.7.)
All Residential Standards apply. (See section 4.0)
SECTION 34: AMENDMENT “4.09.010 Purposes And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
4.09.010 Purposes And Objectives
The HDR2 Zone is established for three (3) or more attached single-family dwellings, multi-
Page 45
family housing and dormitory housing in areas designed to support higher densities.
SECTION 35: AMENDMENT “5.02.000 Standards For Transitional
Agriculture Zone” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
5.02.000 Standards For Transitional Agriculture Zone
Comprehensive Plan Designation is Low Residential.
All Zoning Standards apply. (See sections 3.1-3.7.)
SECTION 36: AMENDMENT “5.02.070 Lot Configuration And Density”
of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
5.02.070 Lot Configuration And Density
The following requirements apply to any lot or parcel of land in the TAG zone.
1.Maximum Density. The density shall not exceed one (1) single-family dwelling unit
per five (5) acres.
2.Lot Area. The minimum lot area allowed is five (5) acres.
a.Exception. Clustering housing of one (1) single-family unit per acre with four
(4) acres set aside for each unit of property is allowed. (Example: a forty (40)
acre parcel would allow eight (8) one (1) acre lots with homes and the
remaining thirty-two (32) acres would be restricted from building until
rezoned.)
3.Lot Dimensions.
a.Width. The minimum lot width allowed is one-hundred fifty (150') feet.
b.Depth. The minimum lot depth allowed is one-hundred fifty (150') feet.
c.Frontage. Each lot shall abut a public street for a minimum distance of thirty-
five (35') feet.
4.Permissible Lot Coverage.
a.Building Coverage. All buildings, including accessory buildings or structures
and impervious surfaces, shall not cover more than thirty (30%) percent of the
area of the lot.
(1)Impervious Surface. Concrete or asphaltic cement shall not cover
more than forty (40%) percent of a front yard, fifty (50%) percent of a
rear yard, and one hundred (100%) percent of one (1) side yard.
b.Landscaping. At least seventy (70%) percent of the area of the lot shall be
Page 46
maintained in landscaping.
5.Setback Requirements
a.Front Setback. The minimum front yard setback is fifty (50') feet from right-
of-way.
b.Rear Setback. The minimum rear yard setback is forty (40') feet.
c.Side Setback. The minimum side yard setback is ten (10') feet.
6.Building Height. The maximum height of any building or structure is thirty (30') feet,
measured at the top of the building's horizontal wall.
7.Accessory Buildings.(See subsection 3.02.060.)
a.Agriculture Buildings. By State Law, agricultural buildings, as defined by
the State of Idaho, are exempt from Building Codes.
SECTION 37: AMENDMENT “8.4 RESIDENTIAL BUSINESS
DISTRICT (RBD)” of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.4 RESIDENTIAL BUSINESS DISTRICT (RBD)
SECTION 38: AMENDMENT “8.04.010 Purpose And Objectives” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.010 Purpose And Objectives
SECTION 39: AMENDMENT “8.04.020 Permitted Uses” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
8.04.020 Permitted Uses
Page 47
SECTION 40: AMENDMENT “8.04.030 Single Ownership And Control”
of the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.030 Single Ownership And Control
SECTION 41: AMENDMENT “8.04.040 Lot Area” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
8.04.040 Lot Area
SECTION 42: AMENDMENT “8.04.050 Lot Width” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
8.04.050 Lot Width
SECTION 43: AMENDMENT “8.04.060 Lot Depth” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
8.04.060 Lot Depth
SECTION 44: AMENDMENT “8.04.070 Lot Frontage” of the Rexburg
Development Code is hereby amended as follows:
Page 48
A M E N D M EN T
8.04.070 Lot Frontage
SECTION 45: AMENDMENT “8.04.080 Yard Requirement” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.080 Yard Requirement
SECTION 46: AMENDMENT “8.04.090 Building Height” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
8.04.090 Building Height
SECTION 47: AMENDMENT “8.04.100 Permissible Lot Coverage” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.100 Permissible Lot Coverage
SECTION 48: AMENDMENT “8.04.110 Permissible Building Footprint” of
the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.110 Permissible Building Footprint
Page 49
SECTION 49: AMENDMENT “8.04.120 Parking, Loading And Access” of
the Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.120 Parking, Loading And Access
SECTION 50: AMENDMENT “8.04.130 Project Plan Approval” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.130 Project Plan Approval
SECTION 51: AMENDMENT “8.04.140 Reversion Of Zoning” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.140 Reversion Of Zoning
SECTION 52: AMENDMENT “8.04.150 Other Requirements” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.150 Other Requirements
SECTION 53: AMENDMENT “8.04.160 Lighting Standards” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.160 Lighting Standards
Page 50
SECTION 54: AMENDMENT “8.04.170 Referenced Sections” of the
Rexburg Development Code is hereby amended as follows:
A M E N D M EN T
8.04.170 Referenced Sections
SECTION 55: AMENDMENT “9.02.050 Applicability Of Rexburg
Development Code In Area Of Impact” of the Rexburg Development Code is hereby
amended as follows:
A M E N D M EN T
9.02.050 Applicability Of Rexburg Development Code In Area Of Impact
Any zones, which are located within the area of city impact, shall be subject to all provisions
of the Rexburg Development Code and any amendments thereto.
A.The following provisions shall apply to TAG zones:
1.Description of Land and Livestock. Any landowner having livestock upon
lands located within the area of city impact may, prior to February 15, 1995,
provide to the Planning and Zoning Commission a description of the land
together with a description of the livestock on said lands, which shall include
the number of livestock as well as the type of livestock located on said lands.
a.Historic Herd Size. The Planning and Zoning Commission shall
review the descriptions as submitted by a land owner, and together
with the land owner determine a historic herd size for the parcel of
land described. The record of historic herd size shall be kept by the
City Clerk and shall be preserved for the purpose of determining
existing land use on said lands as of February 15, 1995.
2.Discontinued Use. In the event a landowner shall discontinue the use and
maintenance of livestock on lands described and provided to the Planning and
Zoning Commission for a period of five (5) consecutive years, when such use
shall not be reestablished, the uses of the premises thereafter shall be in
conformity with the regulations of the zone district in which the land is
situated; provided, that the use and maintenance of a lesser number of the
same general type of livestock on the described lands shall be deemed to
conform to the historic herd size as recorded with the City Clerk and will
allow the continued recognition of the historic herd size as the current existing
land use.
3.Expansion or Enlargement of Herd. The expansion or enlargement of a
Page 51
livestock herd shall be allowed only by the granting of a conditional use
permit, zone change or variance, as provided by this ordinance and depending
upon the particular circumstances and facts involved.
SECTION 56: AMENDMENT “Residential Zones” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
Residential Zones
Use
Categ
ories
Uses RE LDR1 LDR2 LDR3 MDR
1
MDR
2 HDR1 HDR2
ACCE
SSOR
Y
Access
ory
Livest
ock
P P P P
Access
ory
Swim
ming
Pool
P P P P P P P P
Access
ory
Dwelli
ng
Unit
CUP CUP
Access
ory
Buildi
ng
P P P P P P P P
Access
ory
Home
Busine
ss
CUP CUP CUP CUP
Access
ory
Home P P P P P P P P
Page 52
Occup
ation
RENT
AL,
SHOR
T-
TERM
,
TRAN
SIENT
LIVIN
G
Short-
term
Rental
P P P P P P P P
GRO
UP
LIVIN
G
WITH
ASSIS
TANC
E
Assiste
d &
Reside
ntial
Care
Facilit
y
CUP CUP CUP CUP CUP CUP P P
Group
Home
(Disabl
ed &
Elderly
)(8 and
fewer
residen
ts)
P P P P P P P P
Reside
ntial
Facilit
y for
Elderly
Person
s
(greate
r than
8
residen
ts)
CUP CUP CUP CUP
Sanitar
iums,
Conval
escent CUP CUP
Page 53
& Rest
Homes
RESI
DENT
IAL
Single-
Family
Dwelli
ng
Detach
ed
P P P P
Single-
Family
Dwelli
ng
Attach
ed
(except
townh
omes)
P P
Single-
Family
Dwelli
ng
Attach
ed (3
or
more
units)
P P P P P
Multi-
Family
Dwelli
ng
P P P P
Dormit
ory CUP CUP CUP CUP
Manuf
actured
Housin
g
Comm
unities
CUP
Athleti
c
Fields
CUP CUP CUP CUP CUP CUP CUP CUP
Dog CUP CUP CUP CUP
Page 54
RECR
EATI
ON
&
ENTE
RTAI
NME
NT
Parks
Golf
Course
s
CUP CUP CUP CUP
Parks
&
Playgr
ounds
CUP CUP CUP CUP CUP CUP CUP CUP
Recrea
tion
Center
s
CUP CUP CUP CUP CUP CUP CUP CUP
SCHO
OLS
Day
Care
Center
s (7 or
more
childre
n, 3 or
more
times a
week)
CUP CUP CUP CUP P P P P
Nurser
y
School
s (6 or
less
childre
n, 3 or
more
times a
week)
CUP CUP CUP CUP P P P P
School
s (Pre-
K - 12)
CUP CUP CUP CUP CUP CUP CUP CUP
ASSE
MBLY
-
DECE
Cemet
eries CUP CUP CUP CUP
Churc
hes,
Synag
ogues,
Page 55
ASED Templ
es &
Missio
ns
CUP CUP CUP CUP CUP CUP CUP CUP
TRAN
SPOR
TATIO
N
Autom
obile
Parkin
g Lots
&
Garage
s
(Stand-
alone)
CUP CUP CUP CUP
UTILI
TIES
&
FUEL
Right
of Way
(comb
o,
electric
transmi
ssion,
gas
pipelin
e,
sewag
e,
water
pipelin
e,
storm
drain)
P P P P P P P P
Public
Faciliti
es
P P P P P P P P
Utilitie
s
(Rock
y
Mount
ain
Power,
Interm
ountai
n Gas,
CUP CUP CUP CUP CUP CUP CUP CUP
Page 56
etc.)
Water
Storag
e
CUP CUP CUP CUP CUP CUP CUP CUP
SECTION 57: AMENDMENT “Commercial Zones” of the Rexburg
Development Code is hereby amended as follows:
A M E N D M EN T
Commercial Zones
Use
Categorie
s
Uses MU CBC RBC LI HI
AGRICU
LTURAL
Agricultur
e
Packaging
CUP P
Agricultur
e
Processin
g
CUP P
Agricultur
e Product
& Input
Sales
CUP CUP P P
Farm &
Constructi
on
Vehicles,
Equipmen
t &
Supplies
CUP CUP P P
Accessory
Building P P P P P
Accessory
Dwelling
Unit
CUP CUP
Page 57
ACCESS
ORY
Accessory
Home
Occupatio
n
P
Accessory
Swimmin
g Pool
P
RENTAL
, SHORT-
TERM,
TRANSI
ENT
LIVING
Short-term
Rental P
Hotels,
Motels P P P CUP
Campgrou
nds, RV
Campsites
& Travel
CUP
GROUP
LIVING
WITH
ASSISTA
NCE
Assisted
&
Residentia
l Care
Facility
P
Group
Home
(Disabled
& Elderly)
(8 and
fewer
residents)
P
Residentia
l Facility
for
Elderly
Persons
(greater
than 8
residents)
CUP CUP
Sanitariu
ms,
Convalesc
ent, &
Rest
Homes
CUP CUP
Single-
Page 58
RESIDE
NTIAL
Family
Dwelling
Attached
(3 or more
units)
P
Multi-
Family
Dwelling
P
Dormitory CUP
Athletic
Clubs,
Body
Building
Studios,
Aerobic
Centers &
Gymnasiu
ms
P P P CUP
Amuseme
nt Parks CUP CUP
Athletic
Fields CUP CUP
Commerci
al Pools CUP P P
Dog Parks CUP CUP
Drive-In
Movies CUP
Event
Center
(Dancing,
Conferenc
es,
Performan
ces)
CUP P P
Go-Car,
4-Wheeler
Tracks
CUP CUP
Golf
Driving
Ranges
P
Page 59
RECREA
TION &
ENTERT
AINMEN
T
Ice
Skating
(Commerc
ial)
CUP P P
Indoor
Amuseme
nt (Pool
Halls,
Bowling
Alleys,
Indoor
Golf, etc.)
CUP P P
Museums
and Art
Galleries,
Cultural
Activities
P P P
Parks &
Playgroun
ds
CUP P
Recreatio
n Centers P P P
Riding
Stables
(Animals
are
housed
also)
CUP
Roller
Skating CUP P P
Spas P P P
Sports
Stadiums,
Arenas &
Field
Houses
CUP
Theatres
(Auditoriu
ms,
Performin
g &
Motion
CUP P P
Page 60
Pictures)
SCHOOL
S
Day Care
Centers (7
or more
children, 3
or more
times a
week)
P P P CUP CUP
Nursery
Schools (6
or less
children, 3
or more
times a
week)
P P P CUP CUP
Schools
(Pre-K -
12)
CUP P P
Special
Training
(Fire,
Police,
etc.)
CUP
Technical
Schools &
Vocational
Schools
CUP CUP CUP CUP
ASSEMB
LY-
DECEAS
ED
Churches,
Synagogu
es,
Temples,
&
Missions
CUP CUP
Funeral
Parlor
(Mortuary
) &
Crematory
P CUP
Automobi
le Parking
Impound CUP P
Page 61
TRANSP
ORTATI
ON
Yards
(Stand-
alone)
Automobi
le Parking
Lots &
Garages
(Stand-
alone)
P P P P P
Automobi
le Repair
&
Maintenan
ce
P P P
Automobi
le Sales &
Rental
P P P
Bus
Garaging
&
Equipmen
t
Maintenan
ce
CUP P P
Bus
Passenger
Terminals
P P P
Freight
Garaging
&
Maintenan
ce
P P
Freight
Terminals CUP P P
Helipad CUP CUP CUP CUP
Railroad
Yards P P
Truck &
Bus Sales CUP P P P
Truck &
Page 62
Trailer
Rentals
(no
drivers)
CUP CUP P P
Truck
Repair
CUP P P
ANIMAL
S
Animal
Grooming CUP P P P
Commerci
al Kennels CUP CUP
Veterinari
an
Services
(Large
Animal
with
Outdoor
Facilities)
CUP CUP
Veterinari
an
Services
(Small
Animal
Indoor
Only)
CUP P P P
Bakeries
&
Doughnut
Shops
P P P P
Candy,
Nut &
Confectio
nery
P P P P
Canning -
Fruits,
Vegetable
s,
Preserves,
Jams,
Specialty,
etc.
CUP P
Eating
Page 63
FOOD &
DRINK
Places
(with a
Drive
Through)
CUP P P
Eating
Places
(without a
Drive
Through)
P P P
Food &
Kindred
Products
(Except
meat
packing,
animal &
marine
fats &
Oils)
P P
Food
Lockers P P
Grocery
Stores CUP P P
Liquor
Stores P P
Mobile
Vending
Court
CUP CUP CUP CUP
Banks &
Credit
Unions
CUP P P
Call
Centers CUP P P
Commerci
al Printing P P P P
Processio
nal
Services
Office
(Accounti
ng,
Page 64
OFFICE-
TYPE
BUSINE
SS
Financial,
Insurance,
Legal,
Real
Estate,
etc.)
P P P
Scientific
Research
& Testing
(Laborator
y)
CUP P P P
Wedding
Chapels &
Reception
Centers
P P CUP
Welfare &
Charitable
Services
P P P
MEDICA
L &
EMERG
ENCY
Ambulanc
e & Fire
Services
CUP CUP CUP CUP
Behavior,
Drug &
Alcohol
Treatment
CUP CUP
Hospitals,
Operation
s Centers,
Out-
Patient
Medical
CUP CUP CUP
Medical
Laboratori
es
CUP P P P
Pharmacy
& Medical
Supplies
P P P
Physicians
& Dental
Offices
P P P
Page 65
GOVER
NMENT
Governme
ntal
Services
P P P
Libraries P P P
Police
Protection
& Related
Activities
Office
P P P
Postal
Services P P
BUILDI
NG &
CONSTR
UCTION
Building
&
Constructi
on
Supplies
Retail (No
Storage
Yard)
P P P P P
Building
&
Constructi
on
Supplies
Retail
(with
Storage
Yard)
CUP CUP P P
Concrete
Mix Plant;
Asphalt
Hot Plant
CUP
STORAG
E
Househol
d Good
Storage
CUP CUP P
Refrigerat
ed
Warehousi
ng
CUP P P
Warehousi
ng &
Page 66
Storage
Industrial
Services
CUP P
Antiques P P P
Auction
Houses CUP CUP
Auction
yard CUP P
Beauty &
Barber
Shops &
Supplies
P P P
Profession
al,
Scientific
&
Controllin
g
Instrument
s, &
Supplies
CUP P P P
Equipmen
t Rental &
Leasing
(Including
Outside
Storage)
CUP CUP P
Equipmen
t Rental
(Indoor
Only)
P P P P
Lawn &
Garden
Supplies
(Nursery
stock,
Equipmen
t, Tools,
Greenhou
se, Yard
Art, etc.)
CUP P P P
Page 67
SHOPPI
NG
Gas,
Bottled
(LP
Exchange
& Refill)
P P P
Gasoline
Service
Stations
CUP P P P CUP
General
Merchand
ise
(Departme
nt,
Discount,
Variety,
etc.)
P P P
Hardware P P P P
Horticultu
re & Plant
Nurseries
P P P
Janitorial
Supplies CUP P P P P
Locksmith
s & Key
Shops
P P P
Machiner
y Retail
(Robotics,
Machine
Tools,
Manufact
uring
Equipmen
t, etc.)
CUP CUP P P
Manufact
uring of
Apparel &
Accessori
es (except
leather
tanning &
finishing)
P P
Page 68
Musical
Instrument
s
P P P
Pawn
Shops
(No
Outside
Storage)
CUP
Petroleum
& LP
Bulk
Stations &
Terminals
CUP CUP CUP P
Recreatio
nal
Vehicles,
Parts &
Accessori
es
CUP P P P
Shopping
Centers CUP P P
Thrift
Store &
Second-
Hand
Merchand
ise (No
Outside
Storage)
CUP P CUP
MINOR
ASSEMB
LY
Gunsmith P P P
Industrial
Laundry CUP P
Dry
Cleaning CUP P P
Laundry,
Pressing,
Alteration
&
Garment
Repair
P P P
Minor
Page 69
&
OTHER
INNOCU
OUS
MANUF
ACTURI
NG
Manufact
uring &
Assembly
(Small
Item)
CUP P
Photograp
hic
Studio,
Supplies
&
Equipmen
t
P P P
Pottery &
Related
Products
CUP P
Repair
Services CUP P CUP P P
Bottling &
Canning,
Soft
Drinks &
Carbonate
d Water
P P
Explosive
s CUP
Fire Arms
&
Ammuniti
on
CUP CUP
Fire
Works CUP
Glass,
Flat,
Pressed
CUP P
Industrial
Inorganic
Chemicals
(includes
air
separation
)
CUP
Page 70
HEAVY
MANUF
ACTURI
NG &
RECYCL
ING
Foundries
(Refining
&
Extruding
of Metals)
CUP
Junk
Dealers,
Salvage
Operation
s, Waste
Material
& Scrap
CUP
Leather
Tanning
&
Finishing
P
Matches P
Metal
Working
Machiner
y &
Equipmen
t (tool &
dye shops,
machine
shops)
CUP P
Miscellan
eous
Fabricated
Rubber
Products
CUP P
Non-clay
Refractori
es
P
Nuclear
Energy CUP
Paper &
Allied
Products
(Except
Pulp)
P
Page 71
Plastic
Materials,
Synthetic
Resins &
Non-
vulcaniza
ble
Elastomer
s
CUP CUP
Printing
Ink P P
Recycle
Center CUP
Textile
Mill
Products
(no tire
cord &
fabric)
P P
Tire Cord
& Fabric P
Electric
Generatio
n Plants
(conventio
nal fuel
including
hydroelect
ric, solar,
etc.)
CUP
Refuse
Disposal CUP CUP
Right of
Way
(combo,
electric
transmissi
on, gas
pipeline,
sewage,
water
pipeline,
P P P P P
Page 72
UTILITI
ES &
FUEL
storm
drain)
Public
Facilities P P P P P
Spreading
Grounds
(for
percolatin
g water
into
undergrou
nd)
CUP CUP CUP
Storage
Yards
(Utility)
P P
Utilities
(Rocky
Mountain
Power,
Intermoun
tain Gas,
etc.)
CUP CUP CUP CUP CUP
Waste
Water
Treatment
Plants,
Sludge
Drying
Beds, etc.
CUP CUP
Water
Storage CUP CUP CUP CUP CUP
Water
Treatment
Plants
(Purificati
on)
CUP
Page 73
AYE NAY ABSENT ABSTAIN
Councilmember
Colin Erickson
Councilmember
Mikel Walker
Councilmember
Bryanna Johnson
Councilmember
Eric Erickson
Councilmember
David Reeser
Councilmember
Bill Riggins
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL
_______________________________.
P residing Officer Attest
Jerry L Merrill, Rexburg Mayor, City of
Rexburg
Deborah Lovejoy, Rexburg City Clerk,
City of Rexburg