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HomeMy WebLinkAboutOrd_Zone Clarifications January 2026 with changes 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 Industrial (LI) Light Industrial (HI) Heavy C Page 2 Industrial Commercial/Mixed Use (RBC) Regional Business Center (CBC) Community Business Center (RBD) Residential Business District (MU) Mixed Use High Residential (HDR1) High - Density Residential 1 (HDR2) High - Density Residential 2 (MU) Mixed Use Intermediate Residential (LDR3) Low Density Residential 3 (MDR1) Medium Density Residential 1 (MDR2) Medium Density Residential 2 Low Residential (RR1) Rural Residential 1 (RER2) Rural Residential Estate2 (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, further notice and hearings shall be provided before the Commission forwards its recommendation to the Council. Page 3 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 (a) Rural Residential 1 (RR1) (b) Rural Estate Residential 2 (RER2) (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) (s) Residential Business District (RBD) (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) and Rural Residential 1 (RR1) 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, RR1, RER2, LDR1, LDR2, LDR3, RBD Outside Sight Triangle Not Allowed 1 per street frontage, limited to 60 days 32 10 MDR1, MDR2, HDR1, HDR2, MU, CBC, RBC, LI, HI Outside Sight Triangle Not Allowed Constructi 32 8 TAG, RR1, RER2, LDR1, LDR2, LDR3, Outside Sight Triangle Not Allowed Maximum Page 5 on, Temporar y RBD area of 96 sq. ft., limited to 60 days 32 12 MDR1, MDR2, HDR1, HDR2, MU, CBC, RBC, LI, HI Outside Sight Triangle Not Allowed Wall Home Occupatio n 2 Limited by Wall TAG, RR1, RER2, RR3, LDR1, LDR2, LDR3, RBD 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 24 (50 in Minimum of 1' (No May apply for a CUP for height Page 6 Freestan ding Pole Sign See Calculatio n Table interchang e areas shown above) CBC, RBC, LI, HI portion of the sign may overhang into the ROW) Allowed greater than24'. See calculatio n table for distance requireme nts PUD, Subdivisi on Identificat ion 64 8 TAG, RR1, RER2, 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 RR1 RER2 LDR1 LDR2 LDR3 MDR 1 MDR 2 HDR1 HDR2 ACCE SSOR Y Access ory Livest ock P P P P P Access ory Swim ming Pool P P P P P P P P P Access ory Dwelli ng Unit CUP CUP CUP Access ory Buildi ng P P P P P P P P P Page 8 Access ory Home Busine ss CUP CUP CUP CUP CUP Access ory Home Occup ation P P P P P P P P P RENT AL, SHOR T- TERM , TRAN SIENT LIVIN G Short- term Rental P*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 CUP P P Group Home (Disabl ed & Elderly )(8 and fewer residen ts) P P P P P P P P P Reside ntial Facilit y for Elderly Person s (greate CUP CUP CUP CUP Page 9 r than 8 residen ts) Sanitar iums, Conval escent & Rest Homes CUP CUP RESI DENT IAL Single- Family Dwelli ng Detach ed P 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 Page 10 (Dormi tory Style Housin g) CUP CUP CUP CUP CUP CUP CUP CUP CUP Manuf actured Housin g Comm unities CUP RECR EATI ON & ENTE RTAI NME NT Athleti c Fields CUP CUP CUP CUP CUP CUP CUP CUP CUP Dog Parks CUP CUP CUP CUP Golf Course s CUP CUP CUP CUP CUP Parks & Playgr ounds CUP CUP CUP CUP CUP CUP CUP CUP CUP Recrea tion Center s CUP CUP CUP CUP CUP CUP CUP CUP CUP Comm ercial Daycar e Center (13 or more childre n) CUP CUP CUP CUP Daycar e Facilit y (betwe en 7 Page 11 SCHO OLS and 12 childre n, 3 or more times a week) CUP CUP CUP CUP CUP CUP CUP Family Home Daycar e (6 or less childre n, 3 or more times a week) P**P**P**P**P**P P P P School s (Pre- K - 12) CUP CUP CUP CUP CUP CUP CUP CUP CUP ASSE MBLY - DECE ASED Cemet eries CUP CUP CUP CUP CUP Churc hes, Synag ogues, Templ es & Missio ns CUP 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, Page 12 UTILI TIES & FUEL electric transmi ssion, gas pipelin e, sewag e, water pipelin e, storm drain) P P P P P P P P P Public Faciliti es P 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 CUP Water Storag e CUP 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 Page 13 Permitted Uses In Commercial Zones Use Categorie s Uses MU CBC RBC RBD 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 ACCESS ORY Accessory Building P P P CUP P P Accessory Dwelling Unit CUP CUP Accessory Home Occupatio n P Accessory Swimmin g Pool P RENTAL , SHORT- TERM, TRANSI Short-term Rental P Hotels, Motels P P P CUP Campgrou nds, RV Page 14 ENT LIVING Campsites & Travel, Tiny Homes on Wheels 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 RESIDE NTIAL Single- Family Dwelling Attached (3 or more units) P Multi- Family Dwelling P Dormitory CUP Congregat Page 15 e Living (Dormitor y Style Housing) CUP RECREA TION & ENTERT 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 Ice Skating (Commerc ial) CUP P P Indoor Amuseme Page 16 AINMEN T 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 Pictures) CUP P P Daycare Facility (Between 7 and 12 children, 3 CUP CUP CUP Page 17 SCHOOL S or more times a week) Commerci al Daycare Center (13 or more children) P P P P P Family Home Daycare (6 or less children, 3 or more times a week) P P P CUP Schools (Pre-K - 12) CUP P P Special Training (Fire, Police, etc.) CUP Technical Schools & Vocational Schools CUP CUP CUP CUP ASSEMB LY- DECEAS ED Churches, Synagogu es, Temples, & Missions CUP CUP Funeral Parlor (Mortuary ) & Crematory P CUP Automobi le Parking Page 18 TRANSP ORTATI ON Impound Yards (Stand- alone) CUP P 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 19 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 CUP P Candy, Nut & Confectio nery P P P CUP P Canning - Fruits, Vegetable s, Preserves, Jams, Specialty, etc. CUP P Eating Page 20 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 Profession al Services Office (Accounti ng,P P P Page 21 OFFICE- TYPE BUSINE SS Financial, Insurance, Legal, Real Estate, etc.) 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 Governme ntal P P P Page 22 GOVER NMENT Services 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 & Storage Industrial CUP P Page 23 Services Antiques P P P Auction Houses CUP CUP Auction yard CUP P Beauty & Barber Shops & Supplies P 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 Gas, Bottled (LP P P P Page 24 SHOPPI NG Exchange & Refill) 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 Musical Instrument s P P P Page 25 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 & OTHER INNOCU 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 CUP P Page 26 OUS MANUF ACTURI NG (Small Item) 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 Foundries (Refining & CUP Page 27 HEAVY MANUF ACTURI NG & RECYCL ING Extruding of Metals) 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 Plastic Materials, Synthetic Page 28 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, storm drain) P P P P P P Public Page 29 UTILITI ES & FUEL Facilities P 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 * 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: Page 30 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. 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, RR1, RER2, 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. Page 31 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. 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. Page 32 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: Page 33 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/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) , Rural Residential 1 (RR1), and Rural EstateResidential 2 (RER2), 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) All Zoning Standards apply. (See sections 3.1-3.7.) All Residential Standards apply. (See section 4.0.) 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 The RR1 Zone is established to provide rural residential zoning for the development and protection of single family neighborhoods. This area is compatible with detached single-family dwellings, ample off-street parking with landscaped lawns, low building heights, low traffic volumes, and low nuisance potential reflecting a rural isolated atmosphere. Page 35 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 4.01.020 Permitted Uses Permitted Principal Uses. (See subsection 3.08.010) 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. 2.Domestic livestock are allowed (See subsection 4.00.020.A.5) 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 The following requirements apply to any lot or parcel of land in the RR1 zone. A.Maximum Density. The density shall not exceed one (1) single-family dwelling unit per one (1) acre. B.Lot Area. The minimum lot area allowed is one (1) acre. C.Lot Dimensions. 1.Width. The minimum lot width allowed is one-hundred fifty (150') feet. 2.Depth. The minimum lot depth allowed is one-hundred fifty (150') 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 or structures and impervious surfaces, shall not cover more than fifty (50%) percent of the area of the lot. a.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%) of one (1) side yard. 2.Landscaping. At least fifty (50%) percent of the area of the lot shall be maintained in landscaping. E.Setback Requirements. Page 36 1.Front Setback. The minimum front yard setback is forty (40') feet from right- of-way. 2.Rear Setback. The minimum rear yard setback is thirty (30') feet. 3.Side Setback. The minimum side yard setback is ten (10') feet. 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 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 A.Prior Created Lots (See subsection 3.03.070.) B.Setbacks and Right-of-Way Exceptions (See subsections 3.02.050, 3.02.080, 4.00.000.) C.Distance Between Buildings (See subsection 3.02.060.) D.Project Plan Approval (See subsection 3.02.120.) E.Fencing (See subsection 3.02.100.) F.Highway 20 Corridor. (See subsection 3.02.090.F.) G.The City of Rexburg right-of-way width is dictated by City Engineering Standards. H.Refer to Section 4.0 for Development Rules that apply to all Residential Zones. I.Refer to Sections 3.2-3.7 for Development Rules that apply to all Zones. 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 RURAL RESIDENTIAL 2ESTATE (RR2RE) 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 37 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 RER2 Zone is established for to provide rural residential zoning for the development and protection ofdetached single- family dwellings on larger lots with an atmosphere of large landscaped lawns, low building heights, ample setbacks and side yards. neighborhoods. Conditional Uses in this area shall be compatible with detached single-family dwellings, ample off-street parking with landscaped lawns, low building heights, low traffic volumes, and low nuisance potential reflecting a rural isolated atmosphere. This zoning may be applied in areas where traffic flow is limited primarily to local area residents and where the expansion of transportation to areas adjacent to the zone is not anticipated. 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 RER2 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%) Page 38 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. 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 Page 39 The LDR1 zone is established for to protect stable neighborhoods of detached single-family dwellings on larger lots with an . The limited conditional uses allowed in this district shall be compatible with an atmosphere of large, landscaped lawns, low building heights, ample setbacks and side yards., predominantly off street parking, low traffic volumes, and low nuisance potentials. 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 forto protect stable neighborhoods of detached single-family dwellings and attached single-family dwellings with a limit of two units on medium-sized lots with an atmosphere of. The conditional uses allowed in this district shall be compatible with single-family homes on landscaped lawns withand low building heights., predominantly off- street parking, low traffic volumes, and low nuisance potential. 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.) Page 40 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: A M E N D M EN T 4.05.010 Purposes And Objectives The LDR3 zone is established for to protect stable neighborhoods of detached and attached single-family dwellings on smaller lots with an atmosphere of. The conditional uses allowed in this district shall be compatible with single-family homes on landscaped lawns, and low building heights., predominantly off-street parking, low traffic volumes, and low nuisance potential. 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. 2.Domestic livestock are allowed. (See subsection 4.00.020.A.5) 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. Page 41 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. 1.Building Coverage. All buildings, including accessory buildings or structures and impervious surfaces, shall not cover more than seventyeighty (780%) percent of the area of the lot. a.Impervious Surface. Concrete or asphaltic cement shall not cover more than fortyfifty (450%) 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 thirtytwenty (320%) 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) Page 42 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 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 to protect stable neighborhoods of attached single-family dwellings (three (3) or more) on smaller lots and multi-family housing in areas designed to support moderately increased densities. Restoration or rehabilitation of older homes in this district shall be encouraged. Conditional uses shall be compatible with an atmosphere of low building heights, low traffic volumes, ample off-street parking, and low nuisance potentials at a higher density than LDR zones. 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 fortyfifty (450%) percent of a front yard, fifty (50%) percent of a rear yard, and one hundred (100%) percent of one (1) side yard. Page 43 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 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 Medium Density Residential 2 (MDR2) zone is established for three (3) or more attached to act as a buffer between single-family dwellings and non-singlemulti-family housing designed to support moderately increased densities. zones. Restoration or rehabilitation of older homes in this district shall be encouraged. MDR2 shall have an atmosphere consistent with low traffic volumes, ample off-street parking, and lower nuisance potentials than higher density zoning. Page 44 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 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 fortyfifty (450%) 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 Page 45 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: 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. to provide higher density residential housing areas served by collector and arterial streets. The zone shall be characterized by dwellings for three (3) or more families, dormitory housing, ample off- street parking, higher traffic volumes, proximity to BYUI and low nuisance potential. 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. Page 46 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, multiple-family housing and dormitory housing in areas designed to support higher densities. units, which fill housing needs for families at affordable rates. Construction will be done on larger tracts of ground, with a common owner, as larger apartment complexes, and not sold as individual units. Maximum density is based upon bedroom capacities with parking and landscaping adjusted proportionally in accordance with types of units. 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 one (1) five (5) acres. 2.Lot Area. The minimum lot area allowed is onefive (15) acres. a.Exception. Clustering housing of one (1) single-family unit per acre with four Page 47 (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 eightyfifty (1850') feet. b.Depth. The minimum lot depth allowed is one-hundred eightyfifty (1850') 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 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) All Zoning Standards apply. (See sections 3.1-3.7.) Page 48 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 The RBD zone is established to provide for the use of single family residential homes for commercial and service uses. The zone is intended to protect the residential nature of the streetscape and provide strict regulation of types and hours of conduct of commercial uses. It is intended that the RBD zone shall be characterized by a single structure that will function as a part of the greater neighborhood. Commercial uses are limited to non-intrusive, low-demand business that can peacefully co-exist with a surrounding neighborhood. A.Objectives. 1.A single structure that will function as a part of a greater neighborhood. The architectural design and character will be compatible with that of the surrounding residential environment. 2.Attractive and well-maintained landscaping will also be characteristic of this zone. B.Location. The RBD zones shall only be allowed if the area requested for designation as such is contiguous to either a commercial zone other than RBD, industrial zone, or a medium or high density residential zone. 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 Permitted Principal Uses. (See subsection 3.08.020)Permitted Accessory Uses. (See subsection 3.02.070.) Accessory uses and structures may be permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 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 Page 49 A.Land within a given RBD zone shall be in single ownership or single control in order to provide control over development. B.Consequence. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment of the RBD zone. 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 The minimum area of any lot or parcel of land in the RBD zone is eight thousand (8,000) sq. ft. 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 The minimum lot width in the RBD zone is sixty (60’) feet. 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 The minimum lot depth in the RBD zone is sixty (60’) feet. SECTION 44: AMENDMENT “8.04.070 Lot Frontage” of the Rexburg Development Code is hereby amended as follows: A M E N D M EN T 8.04.070 Lot Frontage Page 50 Each lot or parcel of land in the RBD zone shall abut a public street for a minimum distance of twenty (20’) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end which does not have a cul- de-sac improved to City standards shall not be counted in meeting this requirement. 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 The following minimum yard requirements shall apply in the RBD Zone: A.Front Yard. 1.Each lot or parcel in the RBD zone shall have a minimum front yard of at least twenty-five (25’) feet from the right-of-way. 2.Exception: When the street upon which the parcel fronts has a boulevard strip of at least seven (7’) feet, the front yard setback may be reduced to twenty (20’) feet from right-of-way. B.Rear Yard. 1.The minimum depth of a rear yard shall be twenty (20’) feet. 2.Accessory building. a.An accessory building or group of accessory buildings in any residential zone shall not cover more than thirty (30%) percent of the rear yard. b.Accessory buildings in the rear yard with a garage and doors opening into the alley shall be located at least fifteen (15’) feet from the alley. C.Side Yard. Each lot or parcel of land in the RBD zone shall have a side yard of at least six (6’) feet or six (6”) inches of setback for every (1) foot of building height, whichever is greater. D.Accessory Building Setbacks. (See subsection 3.02.070.) 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 Permitted Heights. No lot or parcel of land in the RBD zone shall have a building or structure which exceeds a height of three (3) stories with a maximum of thirty-five (35’) feet, measured at the top of building’s horizontal wall. (Chimneys, flagpoles, or similar structures not used for human occupancy are excluded in determining height.) Page 51 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 A.In an RBD zone, all buildings and structures shall not cover an area greater than seventy (70%) percent of the area of the lot or parcel of land. B.No more than forty (40%) percent of the rear yard (unless a greater percentage is approved by the Rexburg Planning and Zoning Commission) shall be put into hard surface in order to maintain a residential character to the property. 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 In an RBD zone, all buildings and structures shall have a footprint of no more than two- thousand, five hundred (2,500) square feet. 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 Each lot or parcel in the RBD zone shall have, on the same lot or parcel, automobile parking sufficient to meet the requirements as set forth in section 3.4. A.Location. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street, except where an existing conforming driveway access has been provided. 1.Corner Lots. 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 and adjoining residential properties. B.Parkers. 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. Page 52 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 (See subsection 3.02.130.)Infrastructure Plan Approval. Infrastructure plan approval at the Planning and Zoning Commission level is mandatory before consideration of a RBD Zone change request may be initiated. 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 If violations of the approval conditions for a rezone to the RBD Zone are documented and not corrected in a timely manner by property owner, property zoning will revert to the zone existing before application for the RBD zone. 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 A.Uses within Buildings. All uses established in the RBD zone shall be conducted entirely within a fully-enclosed building. B.Landscaping. At least thirty (30%) percent of the area of any lot shall be maintained in landscaping unless specific permission has been obtained from the Planning & Zoning Commission. C.Hours of Operation. In the RBD zone, no permitted or conditionally permitted use shall be open for business on any Sunday, or after 9:00 P.M. or before 7:00 A.M. on any other day, nor shall any permitted or conditionally permitted use accept deliveries other than between the hours of 9:00 a.m. and 3:00 p.m., with no deliveries allowed at all on Sundays. D.Signs. (See section 3.5.) Page 53 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 A.Lighting will be of a relatively low intensity and low profile with adequate shielding to protect the surrounding residential areas. B.Lighting Standards are applicable as described in section 3.6. 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 A.Prior Created Lots (See subsection 3.03.070.) B.Projections Into Yards (See subsection 3.02.090.) C.Highway 20 Corridor. (See subsection 3.02.100.F.) D.Trash Storage. (See subsection 3.02.120.) E.Walls and Fences. (See subsection 3.02.110.) 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 the TAG and RR1 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 Page 54 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 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 RR1 RER2 LDR1 LDR2 LDR3 MDR 1 MDR 2 HDR1 HDR2 Access ory Livest ock P P P P P Access ory Swim ming Pool P P P P P P P P P Access ory Dwelli CUP CUP CUP Page 55 ACCE SSOR Y ng Unit Access ory Buildi ng P P P P P P P P P Access ory Home Busine ss CUP CUP CUP CUP CUP Access ory Home Occup ation P P P P P P P P P RENT AL, SHOR T- TERM , TRAN SIENT LIVIN G Short- term Rental P P P P P P P P P GRO UP LIVIN G Assiste d & Reside ntial Care Facilit y CUP 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 P Reside Page 56 WITH ASSIS TANC E 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 RESI DENT IAL Single- Family Dwelli ng Detach ed P 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 Page 57 Dwelli ng P P P P Dormit ory CUP CUP CUP CUP Manuf actured Housin g Comm unities CUP RECR EATI ON & ENTE RTAI NME NT Athleti c Fields CUP CUP CUP CUP CUP CUP CUP CUP CUP Dog Parks CUP CUP CUP CUP Golf Course s CUP CUP CUP CUP CUP Parks & Playgr ounds CUP CUP CUP CUP CUP CUP CUP CUP CUP Recrea tion Center s CUP 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 CUP P P P P Nurser y School s (6 or less Page 58 childre n, 3 or more times a week) CUP CUP CUP CUP CUP P P P P School s (Pre- K - 12) CUP CUP CUP CUP CUP CUP CUP CUP CUP ASSE MBLY - DECE ASED Cemet eries CUP CUP CUP CUP CUP Churc hes, Synag ogues, Templ es & Missio ns CUP 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 P Page 59 UTILI TIES & FUEL storm drain) Public Faciliti es P 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 CUP Water Storag e CUP 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 RBD LI HI AGRICU Agricultur e Packaging CUP P Agricultur e Processin g CUP P Agricultur e Product Page 60 LTURAL & Input Sales CUP CUP P P Farm & Constructi on Vehicles, Equipmen t & Supplies CUP CUP P P ACCESS ORY Accessory Building P P P CUP 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 CUP GROUP Assisted & Residentia l Care Facility P Group Home (Disabled & Elderly) (8 and fewer residents) P Page 61 LIVING WITH ASSISTA NCE 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 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 CUP Page 62 RECREA TION & ENTERT AINMEN T Movies 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 Activities P P P Parks & Playgroun ds CUP P Recreatio n Centers P P P Riding Stables (Animals are housed CUP Page 63 also) 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 SCHOOL S Day Care Centers (7 or more children, 3 or more times a week) P P P CUP CUP CUP Nursery Schools (6 or less children, 3 or more times a week) P P P CUP CUP CUP Schools (Pre-K - 12) CUP P P Special Training (Fire, Police, etc.) CUP Technical Schools & Vocational Schools CUP CUP CUP CUP Page 64 ASSEMB LY- DECEAS ED Churches, Synagogu es, Temples, & Missions CUP CUP Funeral Parlor (Mortuary ) & Crematory P CUP TRANSP ORTATI ON Automobi le Parking Impound Yards (Stand- alone) CUP P 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 Page 65 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 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 CUP P Page 66 FOOD & DRINK Candy, Nut & Confectio nery P P P CUP 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 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 & Page 67 OFFICE- TYPE BUSINE SS Credit Unions CUP P P Call Centers CUP P P Commerci al Printing P P P P Processio nal Services Office (Accounti ng, 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 & Ambulanc e & Fire Services CUP CUP CUP CUP Behavior, Drug & Alcohol Treatment CUP CUP Hospitals, Operation s Centers, Out-CUP CUP CUP Page 68 EMERG ENCY Patient Medical 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 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; Page 69 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 & Supplies P 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 P P P P Page 70 SHOPPI NG (Indoor Only) 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 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 Page 71 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 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 Page 72 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 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 Page 73 HEAVY MANUF ACTURI NG & RECYCL ING 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 & 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 CUP P Page 74 Products 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 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 Page 75 UTILITI ES & FUEL Disposal CUP CUP Right of Way (combo, electric transmissi on, gas pipeline, sewage, water pipeline, storm drain) P P P P P P Public Facilities P 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 Page 76 AYE NAY ABSENT ABSTAIN Councilmember Colin Erickson Councilmember Mikel Walker Councilmember Bryanna Johnson Councilmember Eric Erickson Councilmember David Reeser Councilmember Bill Riggins Water Treatment Plants (Purificati on) CUP 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