MADISON COUNTY CODE BOOK
USUEFUL DEFINITIONS
Codify/Codification - To organize or collect together rules or procedures
systematically.
Madison County Ordinances - A numbered and chronological record of
ordinances adopted by the County.
Madison County Code Book - A collection of all current, adopted Madison
County rules, regulations, and ordinances organized by topic.
Unified Development Code - A specific Title within the Madison County Code
Book, which includes all County regulations pertaining to subdivision,
development, zoning, and the regulation of land.
EXECUTIVE SUMMARY
The Madison County Code Book is a new document, which will eventually include all
County ordinances, providing a single location for all County regulation. Organized into
Titles, Chapters, and Sections, the Madison County Code Book will include traffic and
building regulations, business regulations, solid waste and other health and safety
topics, zoning and subdivision, as well as any future animal or water regulations.
The Madison County Code Book – Table of Contents includes placeholders for 10 Titles,
suggesting the organization of existing, adopted County ordinances by topic:
Title 1
Title 2
Title 3
Title 4
Title 5
Title 6
Title 7
Title 8
Title 9
Title 10
General Provisions and County Administration
Business Regulations
Animals
Health, Safety, and Welfare
Vehicles and Traffic
Streets, Sidewalks, and Public Property
Water and Wastewater
Building Regulations
Areas of City Impact
Unified Development Code
Two titles of the Madison County Code Book have been developed so far:
Title 9 – Area of City Impact
This Title contains all ordinances pertaining to the regulation of areas of city
impact.
Title 10 – Unified Development Code
This Title contains all ordinances pertaining to the regulation of lands within the
unincorporated Madison County.
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ADOPTION AND ADMINISTRATION
Adoption of the Madison County Code Book is a two-part process:
Adoption of the Unified Development Code
First, public hearings were held before the Madison County Planning and Zoning
Commission and the Madison County Board of County Commissioners approving the
Madison County Unified Development Code (Title 10) for adoption under a single
adopting ordinance. This ordinance encompasses and supersedes all individual
ordinances passed previously for individual regulations.
Upon adoption of the Unified Development Code, all previous ordinances (i.e. Ord. No.
175 Subdivision) simply serve as a historical record of laws passed in the County, and
the Unified Development Code now serves as an always current, single source for all
County development regulations.
Thereafter, any changes to a specific Chapter or Section within Title 10, Unified
Development Code will be adopted as a “change to the Madison County Unified
Development Code.” The ordinances passed adopting individual changes will be
maintained in a chronological and numbered list of laws passed, and would contain only
the language changed, rather than a new version of the entire text.
Adoption of the Madison County Code Book
Only Titles 9 and 10 of the Madison County Code Book have been developed thus far.
While the County has a number of existing, adopted ordinances regulating businesses,
bridge safety, solid waste and other topics, they have yet to be codified into Titles,
Chapters, and Sections within the proposed Madison County Code Book structure.
Upon codification of these other County regulations, the Madison County Board of
County Commissioners will consider the Madison County Code Book for adoption under
a single ordinance. This ordinance will encompass and supercede all individual
ordinances passed previously for individual regulations. Upon adoption of the Madison
County Code Book, all previous ordinances (i.e. Ord. No. 155 Flood Damage Prevention
and the ordinance adopting the Unified Development Code) will simply serve as a
historical record of laws passed in the County. The new Madison County Code Book will
serve as an always current, single source for all County regulations.
Thereafter, any changes to a specific Title, Chapter, or Section within the Madison
County Code Book will be adopted as a “change to the Madison County Code Book.”
The ordinances passed adopting individual changes will be maintained in a
chronological and numbered list of laws passed, and would contain only the language
changed, rather than a new version of the entire text.
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TITLE 9 – AREA OF CITY IMPACT
This Title is the location for organizing all County ordinances relating to the formation
and regulation of Areas of City Impact. The County has adopted a number of ordinances
over the past several years, which identify the purpose, procedures, and agreements
between jurisdictions for Areas of City Impact. These have been organized into the
following Chapters:
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
City Impact Areas
Area of City Impact Governing Ordinance
Sugar City Area of Impact
Rexburg Area of City Impact
Teton Area of City Impact (reserved)
Newdale Area of City Impact (reserved)
No changes to existing, adopted ordinances or regulations pertaining to Areas of City
Impact have been made as part of this effort. These documents have been simply
grouped together and numbered to fall systematically within the Madison County Code
Book organization.
TITLE 10 – UNIFIED DEVELOPMENT CODE
Title 10 - Unified Development Code of the Madison County Code Book is the location
for all County regulations addressing the subdivision, development and zoning of land.
The County’s existing, adopted ordinances, and a few new ordinances, have been
organized into the following Chapters:
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
General Provisions
Definitions
Subdivision
Zoning
Communication Towers
Night Sky Ordinance
Off-street Parking and Loading Facilities
Public Lands
Sign Regulations
Wind Turbines
Landscape Standards
Commercial Standards
Home Business
Sexually Oriented Businesses (reserved)
Madison County Stormwater Management Manual
Geothermal Power
Title 10 - Unified Development Code (UDC) was developed to make administration and
navigation of County development regulations easier. The new UDC includes all existing
adopted ordinances that regulate the use or development of lands within Madison
County, as well as new regulations for landscaping, commercial development, lighting
(Night Sky), communication towers, home businesses, Town Site Zone, and Geothermal
Power.
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Chapter 1.0 – General Provisions
The General Provisions Chapter describes various processes, terms, and laws that are
used in administering the Unified Development Code. This Chapter groups together and
organizes existing, adopted General Provisions for County development and regulation.
Two new subsections were added which address the Zone Change Application Process,
as well as Communication Tower, Wind Turbine and Geothermal Power Application
Process.
Chapter 2.0 Definitions
The definitions Chapter consolidate definitions for all chapters of the Unified
Development Code. While definitions used in County ordinances were previously
included in each individual regulation (i.e. Subdivision, Zoning, Floodplain, Signs), all
definitions are now consolidated into a single location, Chapter 2.0, Definitions.
The definitions are listed alphabetically and are easy to navigate; providing concise
meanings and explanations of technical terms and phrases in the Unified Development
Code. Many definitions are grouped by category. For example, all sign definitions are
preceded with the word “Sign,” and therefore fall under the letter S alphabetically. e.g.
“Sign, Marquee” rather than “Marquee Sign.”
Chapter 3.0 Subdivision
The existing, adopted Subdivision ordinance is included in the Unified Development
Code as Chapter 3.0. The majority of this regulation remains as currently adopted, but
small non-substantive changes have been made to clarify requirements and correct
formatting errors. Three substantive changes were made.
1.
2.
3.
1.
Minimum Open Space
Arrangement of Streets
Road Right of Way Standards
Minimum Open Space
The minimum open space requirements in Section 3.4.2 have been updated to reduce
minimum open space required in all zones except for the Agriculture/Recreation Zone.
The Agriculture/Recreation Zone open space requirements were increased by 10% in
the Subdivision ordinance to match the currently adopted open space standard outlined
in the Agriculture/Recreation ordinance. A comparison table is provided below.
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Zone
R, less than 10 acres
R, 10 – 20 acres
R, more than 20 acres
MPC
TAG, less than 20 acres
TAG, 20 acres or more
A
A/R
C, I- H and I-L
2.
Minimum Open Space
(Adopted in 2008)
20% open space
25% open space
30% open space
20% open space
30% open space
35% open space
40% open space
40% open space
no open space required
Minimum Open space
(Adopted 2010)
15% open space
20% open space
25% open space
15% open space
25% open space
30% open space
35% open space
50% open space
no open space required
Arrangement of Streets
The second substantive change was made to the Design Standards subsection (Section
3.4.5) to more clearly explain the requirements for roadway connections, and to correct
possible alignment and administration challenges.
The change clarifies the required number, and location of connection points to county
section-mile roadways. The former regulation required three (3) connections per section
mile. In the final adopted version, this number has been increased to four (4), and the
revision does require that the connections be located within certain intervals (see
diagram and text of ordinance for specifics).
The intent of this standard in the Subdivision regulation is to:
 Ensure a base network of roads throughout the County on the section, and halfmile section lines,
 Encourage connections between adjacent subdivision projects to facilitate
smoother navigation and provide increased opportunities for walking and
bicycling, and
 Offer flexibility for developers in the location and design of subdivision roadways.
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3.
Road Right of Way Standards
In Section 4.6, Table 1, Street and Road Standards have been updated as follows:
Type of Street and Road
Rural Cluster, Ag/Rec
Residential
Residential
Collector
Minor Arterial
Major Arterial
Total ROW Width
(Adopted in 2008)
68’
68’
79’
83 – 101’
85 – 125’
Total ROW Width
(Adopted in 2010)
50'
50'
68'
83-101'
85-125'
Chapter 4.0 Zoning
This Chapter has fourteen subsections describing the permitted uses and standards for
development within the County’s various land use zones. Specific changes include:

Consolidation of all permitted and conditional uses for each zone into a single
location, Section 4.2 Use Designations and Land Uses. Permitted and
conditional uses are no longer listed within the text of each individual zone.

Consolidation and relocation of all lighting standards into a single location in
Chapter 6.0, Night Sky. Lighting standards for individual zones (i.e. A/R) are
no longer listing within the text of the individual zones.

Consolidation and relocation of all parking standards into a single location in
Chapter 7.0, Off-Street Parking and Loading Facilities. Parking standards for
individual zones (i.e. Ag/Rec and Commercial) have been relocated and
combined with the text of the existing, adopted Off-Street Parking and
Loading Facilities ordinance.

The existing, adopted Industrial Zone has been split into two zones: Light
Industry Zone (I-L) and Heavy Industry Zone (I-H) to offer more specific
standards for industrial and manufacturing uses with a retail component.

A new Town Site Zone (TS) has been developed. The purpose and intent of
the Town Site Zone is to steer development occurring within the
unincorporated County towards the historic town sites identified in the
Madison County Comprehensive Plan. The goal is to offer development
flexibility as an incentive for development in already established town sites,
and maximizing preservation of open space and agricultural land within the
majority of the unincorporated County.
These historic town sites function as distinct communities within the overall
landscape of Madison County. This new Town Site Zone is intended to help
maintain a unique identity for these communities, while managing growth and
development by focusing development in appropriate locations.
The Town Site Zone, through specific Regulating Plans and standards for
various Lot Types, allows for developer flexibility within the town sites.
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Development of a specific parcel of land within a town site may be developed
under a variety of uses (residential, commercial, or civic depending on its
location, and what use the developer feels is most efficient and appropriate.
Specific standards for building height, setback, and form ensure that the
resulting mix of land uses will coordinate and complement one another.
Industrial Overlay Zone is a new designation where all gravel pit mining
would be allowed. This zone would be a temporary zone or overlay that
would only apply to the area of the County where gravel pit mining would take
place. As soon as the mining operation and reclamation of the gravel pit is
complete, this overlay zone would no longer apply and the underlying zone
shall go into effect.

Adopted in 2008
Front Setback
Corner Lot Setback
50’
50’
50’
50’
50’
50’
50’
50’
Zone
A
A/R
R
TAG

Zone
A
A/R
R
TAG
Setback requirements have been reduced for several zones. The following
table compares the changes:
Adopted in 2010
Front Setback
Corner Lot Setback
50’
50’
40’
40’
30’
30’
30’
30’
The adopted zones required minimum lot sizes, rather than specifying a
required development density. To encourage clustering and the preservation
of open space, minimum lot areas have been reduced in several zones, but a
required overall development density regulates the intensity of development
within a zone. The following table compares the changes:
Adopted in 2008
Min Lot Size
Equivalent Density
16 acres
1 DU/16 ac
5 acres
1 DU/16 acres
1 acre
1 DU/1 acre
2 acres
1 DU/2 acres
Adopted in 2010
Min Lot Size
Overall Density
1 acre
1 DU/16 acres
1 acre
1 DU/16 acres
No minimum
2 DU/acre
No minimum
1 DU/2 acres
Chapter 5.0 Communication Towers
New regulations have been developed for communication (cellular and broadcasting)
towers to establish general guidelines for the siting of wireless communications towers
and antennas. These guidelines apply to new towers and antennas, amateur radio
station operators/receive only antennas and pre-existing towers and antennas. The
intent and purpose of the regulation is to minimize impact of the uses on surrounding
developments and on other cellular or broadcasting towers.
Chapter 6.0 Night Sky
Standards and guidelines have been established to preserve, protect and enhance the
night sky in Madison County. Excessive light, often referred to as light pollution, can be
bothersome, cause safety problems, and reduce privacy. Uniformity of lighting reduces
the need for human adaption to varying brightness levels and visual discomfort, and
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enhances security and safety. Existing, adopted standards for lighting were found in
various Sections of the zoning ordinance (i.e. A/R Zone). These standards have been
consolidated and combined into Chapter 5.0 Night Sky within the Unified Development
Code.
Chapter 7.0 Off-Street Parking and Loading Facilities
The existing, adopted Off-Street Parking and Loading Facilities ordinance has been
expanded to include and consolidate parking standards from various locations within the
zoning ordinance. The intent of this Chapter is to create a safe and functional
environment for pedestrians and automobile users; maintain visual order and aesthetic
quality; and ensure adequate conditions for runoff and rainwater infiltration.
These guidelines apply to the Residential zone (R), Transitional Agricultural Zone (TAG),
Agriculture/Recreation Zone (A/R), Commercial (C), Light Industrial (I-L), and Heavy
Industry Zone (I-H).
Chapter 8.0 Public Lands
The adopted zoning ordinance included a section on Public Lands. This text has been
relocated to its own Chapter, reflecting the fact that public lands are not generally
subject to local zoning regulations, except when leased or sold to a private entity.
Additional clarification has been added to how public lands are to be regulated when
leased or ownership is transferred to a private entity.
In the case of lease of public lands, the use of these public lands would be determined
by the State or Federal Agency owning the land in accordance to the Madison County
Comprehensive Plan.
In the case of sale or transfer of public lands to a private landowner, the lands would be
subject to the regulations of the predominant zoning of the surrounding private lands.
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Chapter 9.0 Signs
The adopted Sign ordinance has been included as Chapter 9 within the Unified
Development Code. The major intent of this Chapter is to promote and protect the public
safety, morals, comfort, convenience and general welfare by the orderly placement and
erection of signs and billboards in the County.
The only changes to this ordinance are:
1.
2.
3.
The relocation of the definitions of technical terms and phrases to
Chapter 2.0 Definitions of the Unified Development Code.
The addition of sign size standards for the Master Planned
Community, Towns Site, and Agriculture/Recreation zones.
Home Business Signs: Home Business signs shall be no larger than
six square feet and must be attached either to the home or garage.
No free standing signs shall be allowed.
Chapter 10.0 Wind Turbines
A new set of regulations has been developed for both private and commercial Wind
Turbines located within the County. This Chapter establishes the regulations and criteria
by which wind turbines are located, and potential impacts mitigated. The intent of this
regulation is to allow for the development of clean, renewable energy sources within the
County, while managing and minimizing any potential impact of this use on surrounding
and adjacent uses.
Chapter 11.0 Landscape Standards
Landscape standards from various adopted ordinances (i.e. Ag/Rec) have been
consolidated into a single location, Chapter 11 – Landscape Standards. The intent of the
Landscape Standards Chapter is to ensure the installation and maintenance of
manicured, native, or agricultural landscaping with each development in the County.
Specific standards include ensuring landscaping is maintained, encouraging
conservation of water and the minimizing runoff, requiring the screening of utility boxes,
and minimizing site disturbance. The standards apply to the following zones: Residential
(R), Agriculture/Recreation (A/R), Commercial (C), Transitional Agricultural Zone (TAG),
Town Site (TS), and Master Planned Community (MPC).
Chapter 12.0 Commercial Standards
A new set of commercial design standards have been included as Chapter 12.0. The
standards, fashioned after the City of Rexburg’s Commercial Standards, are intended to
set specific guidelines and standards for the development of all commercial uses in
Madison County. The intent of these standards is to ensure new commercial
development in the county is of a high quality. Using Rexburg’s design standards as the
foundation of the County’s Commercial Design Standards ensures that as the City grows
and begins to annex areas of the unincorporated County over time, that commercial
development will complement existing commercial development in the City.
The Commercial Standards coordinate with the standards and organization of the
Commercial Zone (C), and address Large Scale Commercial, Community Commercial,
and Convenience Commercial. The standards identify siting and orientation of the
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building, and architectural detail in facades, rooflines, and materials. These standards
apply to commercial development in the Commercial (C), Townsite (TS), and Master
Planned Community (MPC) Zones.
Chapter 13.0 Home Business
The Home Business Chapter includes a new set of standards, which apply to residential
zones. The regulation is intended to protect the integrity of residential areas in Madison
County while allowing the use of property for home business. The purpose of these
regulations is to ensure home occupations do not intrude upon, or change the character
of residential areas. Standards include hours of operation, number of employees
residing off-site, and the number of customer visits allowed.
Three (3) types of home businesses are addressed; these are, in decreasing intensity,
Home Business (Major), Home Business (Minor), and Home Business (Cottage
industry).
Chapter 14.0 Sexually Oriented Businesses (Reserved)
This Chapter is reserved for the development of a future ordinance regulating sexually
oriented businesses. The US Supreme Court has rule that it is illegal for cities or
Counties to prohibit sexually oriented businesses in their communities, but they can be
heavily regulated. In the proposed 4.2 Designations and Land Uses, Sexually Oriented
Businesses are permitted only in Heavy Industrial areas.
Chapter 15.0 Madison County Stormwater Management Manual
This Chapter contains a set of management standards for stormwater and drainage, and
was prepared by Madison County’s engineer.
Chapter 16.0 Geothermal Power
This Chapter recognizes the increased demands for alternative and renewable energy.
Proper location and construction of Geothermal Power plants must be consistent with
sound land planning while allowing commercial providers to meet their generating
needs.
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