Burley City Zoning Code

CHAPTER 2

ZONING DEFINITIONS

5-2-1: DEFINITIONS:

For the purpose of this title, certain terms and words are hereby defined as follows: words used in the present tense include the future; words used in the singular number include the plural, and words used in the plural include the singular number; the word "shall" is mandatory and not permissive; the word "person" includes individuals, partnerships, corporations, clubs or associations, or other similar entities. The following words and terms, when applied in this title, shall carry full force and effect when used interchangeably: lot, plot, parcel or premises; used, arranged, occupied or maintained; sold or dispensed; construct, reconstruct, erect, alter, structurally or otherwise, but not the term maintained or any form thereof. The term "City" shall mean the City of Burley; the term "Council" shall mean the City Council of the City of Burley, Idaho; the Planning Commission shall mean the City of Burley Planning Commission. Other definitions are:

ACCESSORY DWELLING UNIT:	A residential dwelling unit located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. Accessory dwelling units shall be developed in accordance with the standards set forth in this Code.
ACCESSORY USE OR BUILDING:	An accessory use or building is a subordinate use or building which is clearly incidental to and located on the same premises with the main use or building.
ALTERATION:	As applied to a building or structure, is a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
APARTMENT:	A suite of rooms, with cooking accommodations and sanitation facilities, used for living purposes. Each apartment shall be considered a dwelling unit.
BOARDING HOUSE:	A single residential building containing more than two (2), but fewer than four (4), sleeping rooms with shared or no cooking accommodations and shared sanitation facilities for the lodging of unrelated persons. Meals may or may not be provided. A boarding house is not open to the public or overnight guests.
BUILDING AREA:	The total areas, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT:	The vertical distance measured from the natural grade level to the highest level of the roof structure of flat roofs, to the deck line of mansard roofs, or to the mean height between eaves and ridge of gable, gambrel or hip roofs.
BUILDING, MAIN:	A building or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.
CARPORT:	A building used solely for the storage of motor vehicles and containing no enclosing walls, other than the wall or walls of the building to which it attaches, or other than the wall of the storage room as permitted in this title. The roof of the carport shall be supported on posts or columns, which posts or columns shall be not larger than one hundred forty four (144) square inches in diameter nor closer than four feet (4') on centers. A wall or fence not to exceed thirty six inches (36") in height may be erected within the carport and not to exceed fifty percent (50%) of the remaining area may be louvered, screened or latticed.
COMMERCIAL USE:	A use operated for profit or compensation through buying or sale of commodities.
COUNTY:	The term County shall mean either Cassia County or Minidoka County, depending in which County the particular building or use is located.
COURT:	Any space other than a yard on the same lot with a building or group of buildings, and which is unobstructed and open to the sky above the floor level of any room having a window or door opening on such court. The width of a court shall be its least horizontal dimension.
DAYCARE:	Care and supervision provided for compensation during part of a twenty four (24) hour day, for a child or children not related by blood, marriage or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes.
DAYCARE CENTER:	A place or facility providing daycare for compensation for thirteen (13) or more children.
DRIVE-IN RESTAURANT:	Any establishment where food or beverages are dispensed and where such food or beverages are consumed on the premises as well as within a building and taken out.
DUPLEX:	A building designed as a single structure but containing two (2) separate dwelling units, each of which contains its own separate cooking accommodations and sanitation facilities, has a separate direct access to the outside, and is designed to be occupied exclusively by one family.
DWELLING, MULTI- FAMILY:	A building containing three (3) or more individual dwelling units, with separate cooking accommodations and sanitation facilities for each dwelling unit.
DWELLING UNIT:	A room or group of rooms within a building containing cooking accommodations and sanitation facilities and occupied exclusively by one family. An apartment shall be considered a dwelling unit.
GROUP DAYCARE FACILITY:	A home, place, or facility providing daycare for seven (7) to twelve (12) children.
GROUP RESIDENCE:	A single residential building in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity. Resident staff, if employed, need not be related to each other or to any of the persons with disabilities or elderly persons residing in the group residence. No more than two (2) of such staff shall reside in the group residence at any one time.
GUESTROOM:	A room providing, for a fee, sleeping accommodations and customary lodging services for transient guests, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone service.
HALFWAY HOUSE:	A group residence in which the tenants or residents are persons who are under the supervision of the State Board of Corrections pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. The residence may be operated by an agency or an individual.
HOME OCCUPATION:	An occupation or profession which: (A) Is customarily carried on in a dwelling unit, or in an attached building, provided that no commodity is sold upon the premises. (B) Is carried on by a member of the family residing in the dwelling unit. (C) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. (D) Conforms to the following additional conditions: 1. The occupations or professions shall be carried on wholly within the principal building, or within an attached building. 2. No one outside of the family shall be employed in a “home occupation”. 3. There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the “home occupation” or variation from the residential character of the principal building. 4. No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. 5. The activity shall be limited to the hours between seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. A home occupation shall not include among others, the following: (A) Barbershops and beauty parlors. (B) Commercial stables, veterinary offices, hospitals and kennels. (C) Real estate offices. (D) Restaurants.
HOSPITAL:	A place for the treatment or care of human ailments, and unless otherwise specified, the term shall include sanatorium, preventorium, clinic, maternity home, rest home, home for the aged and convalescent homes.
HOTEL:	A building other than a boarding house as defined herein, which building contains more than five (5) guestrooms.
JUNKYARD:	The use of a lot, or portion thereof, for the storage, keeping or abandonment of junk, dismantled automobiles or other vehicles, or machinery or parts thereof including scrap metals, rags or other scrap materials.
LOT:	A parcel of land, or two (2) or more contiguous parcels to be used as a unit under the provisions of this title, as shown in the records of the County Assessor’s Office, and having its principal frontage on a street.
Corner Lot:	A lot abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty five degrees (135°).
Interior Lot:	A lot having but one side abutting on a street.
LOT LENGTH:	The length or depth of a lot shall be: (A) If the front and rear lines are parallel, the shortest distance between such lines. (B) If the front and rear lines are not parallel, the shortest distance between the midpoint of the front lot line and the midpoint of the rear lot line. (C) If the lot is triangular, the shortest distance between the front lot line and a line parallel to the front lot line, not less than ten feet (10') long lying wholly within the lot.
LOT LINE:	(A) Front: The front property line of a lot shall be determined as follows: 1. Corner Lot: The front property line of a corner lot shall be the shorter of the two (2) lines adjacent to the streets as originally platted or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing customs of the other buildings in the block. If such front is not evident, then either may be considered the front of the lot, but not both. 2. Interior Lot: The front property line of an interior lot shall be the line bounding the street frontage. 3. Through Lot: The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. Where such front property line is not obviously evident, the Zoning Appeals Board shall determine the front property line. Such a lot over two hundred feet (200') deep may be considered, for the purposes of this definition, as two (2) lots each with its own frontage. (B) Rear: The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. (C) Side: The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.
LOT WIDTH:	The width of a lot shall be assumed to be: (A) If the side property lines are parallel, the shortest distance between the side lines. (B) If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
MANUFACTURED HOME:	A structure constructed according to HUD/FHA Mobile Home Construction and Safety Standards, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty feet (40') or more in length or erected on the site is three hundred twenty (320) or more square feet, which is built on a permanent chassis and designed to be used as a dwelling on a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to the manufacture to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC section 5401 et seq.
MOTEL:	A building or group of buildings containing guest rooms or apartments, each of which maintains a separate outside entrance, used primarily for the accommodation of automobile travelers and providing automobile parking space on the premises.
NEIGHBORHOOD MARKET:	A neighborhood-serving retail store of three thousand five hundred (3,500) square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience shopping needs.
NONCONFORMING USE:	A building, structure or use of land existing at the time of the effective date hereof and which does not conform to the regulations of the district in which it is located.

NURSERY SCHOOL:	An institution for the care of children, of preschool age, the activity of which shall be conducted between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M. Even though some instruction may be offered in connection with such care, the institution shall not be considered a “school” within the meaning of this title.
PARKING LOT, COMMERCIAL:	A lot upon which cars are parked subject to remuneration.
PARKING LOT, PRIVATE:	A lot upon which cars are parked without charge.
PERMITTED USE:	A use specifically permitted or analogous to those specifically permitted in all established districts.
PORCH, OPEN:	A roof partially supported by columns, which columns shall be no larger than one hundred forty four (144) square inches in diameter nor closer together than four feet (4') on centers, any portion of which extending into a front or side yard shall have no enclosure by walls, screens, lattice or other materials, which porch is used solely for ingress and egress, and not for occupancy as a sleeping porch or washroom.
PRIVATE USE:	One which is restricted to the occupants of a lot or building together with their guests, where compensation for such use is not received, and where no business or commercial activity is associated with such use or building.
PROFESSIONAL USE:	The rendering of service of a professional nature by:
	(A) Architects, engineers and surveyors.
	(B) Doctors, dentists and all those persons who are licensed by the State to perform services about the human body.

	(C) Lawyers.
	(D) Certified public accountants and public accountants.
	(E) Consultants and practitioners who are recognized by the appropriate above-licensed professions.
PROHIBITED USE:	A use which is not specifically permitted or analogous to those specifically permitted.
PUBLIC STREET:	The land dedicated, accepted or condemned for use as a highway for the benefit of the public at large or established as such highway by the right of prescription or common user, however, any such right-of-way as may be created after the effective date hereof shall not be considered to be a public street unless it is sixty feet (60') or more in width, except where streets are entirely local when the width of fifty feet (50') may be declared to be a “public street” if approved by the commission.
RECREATIONAL VEHICLE:	A motor vehicle or trailer which is designed to include living or sleeping quarters. Types of RVs include motorhomes, campervans, caravans (also known as travel trailers and camper trailers). fifth-wheel trailers, popup campers and truck campers.
RESIDENTIAL USE:	Shall be deemed to include single and multiple dwellings, hotels, motels and trailer parks.
RESTAURANT:	An establishment other than a boarding house where meals which are prepared therein may be secured by the public.
ROOMING HOUSE:	A single residential building containing more than two (2), but fewer than four (4), sleeping rooms with shared or no cooking accommodations and shared sanitation facilities for the lodging of unrelated persons. Meals are not provided. A rooming house is not open to the public or overnight guests.

SCHOOL:	A place of general instruction in the arts and sciences including college, but excluding institutions such as business colleges or vocational schools, or whose primary purpose is the teaching of physical culture, music or dancing, unless a home occupation, trades or industries, or the combination of any two (2) or more of these.
SETBACK:	The shortest distance from the furthest protruding point of a building or structure including eaves and footings to a lot line referenced herein.
SIGN:	A display for the purpose of making anything known and visible beyond the boundaries of the property on which said sign is located. This shall not be deemed to include such reasonable displays at churches, public or quasi-public institutions nor street addresses, nor flags of any nation or political subdivisions thereof.
SLEEPING ROOM:	A room, other than a guestroom, in which no cooking facilities are provided, and which provides sleeping accommodations for no more than two (2) persons.
SMALL CELL TELECOMMUNICATIONS FACILITY:	Any facility established for the purpose of providing wireless voice, data, and/or image transmissions within a designated service area with a smaller service footprint than would be covered through the installation of a tower or macro cell service. Typically, such facilities are intended to fill gaps in service areas provided by larger telecommunication facilities. Small cell telecommunication facilities:
	(A) Shall not be staffed.
	(B) May consist of up to an antenna, a support structure in certain circumstances, and related equipment. An included antenna may not be larger than a maximum height of three feet (3') and a maximum width of two feet (2').
	(C) Shall not have a backup generator, other power supply, or other equipment that produces noise discernible above the ambient noise level as detected from any adjacent property.

	(D) Shall comply with all Federal Communication Commission (“FCC”) standards and requirements, including compliance with the FCC’s regulations regarding human exposure to radio frequency emissions and transmit levels, site access, and appropriate warning and/or other signage.
	(E) Shall be constructed and operated in a manner so as to not interfere with public safety communications or with the reception of radio, television, or other communication services.
	(F) Shall be no greater than forty feet (40') in height, including the height of any support structure and any attached antenna.
	(G) Shall be developed in compliance with title 4, chapter 8 of this Code.
SPECIAL USE:	A use which shall be permitted in a zoning district only after review and approval by the Planning and Zoning Commission pursuant to section 5-15-2 of this title.
STORY:	That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches (4'6") above the grade level shall not be considered a floor. A mezzanine floor shall be considered a story if it exceeds forty percent (40%) of the area of the floor next below it.
TOWNHOUSE DEVELOPMENT:	A structure containing three (3) or more dwelling units attached by common walls where each dwelling unit (Townhouse Unit) is located on a separate lot. A “Townhouse Unit” is defined as a dwelling including a minimum of one bathroom and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes and is located in a Townhouse development.

TOWNHOUSE SUBDIVISION:	Any subdivision that includes lots for Townhouse Developments or Townhouse Units.
TRAILER PARK:	Any lot, tract, or parcel of land, licensed by the City, and used or offered for use in whole or in part with or without charge for the parking of occupied trailer coaches, used solely for living and/or sleeping purposes. The term “trailer” means mobile home where the context so requires. “Trailer park” means mobile home park where the context so requires.
USE:	The specific purpose for which a building or lot is arranged, intended, designed, occupied or maintained.
WHOLESALE:	The business of selling goods or merchandise to retailers or jobbers for resale to the ultimate consumer.
YARD:	A required space other than a court on any lot, unoccupied by a structure and unobstructed above or below ground level except as otherwise provided herein, and measured as the minimum horizontal distance from the furthest protruding point of a building or structure, including eaves and footings, to the property line opposite such building or structure; provided, however, that where a future street or road line is established by the provisions of this title or the Master Transportation Plan for any street or road bounding the lot, then such measurements shall be taken from the building or structure, including eaves and footings to such future street or road line.
YARD, FRONT:	A yard extending across the front of a lot.
YARD, REAR:	A yard extending across the rear of a lot.
YARD, SIDE:	Any yard that lies between front and rear yard. (Ord. 1348, 11-21-2017; amd. Ord. 1371, 3-17-2020; Ord. 1414, 8-6-2024)

Burley City Zoning Code

CHAPTER 2

ZONING DEFINITIONS

5-2-1: DEFINITIONS:

ACCESSORY DWELLING UNIT:	A residential dwelling unit located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. Accessory dwelling units shall be developed in accordance with the standards set forth in this Code.
ACCESSORY USE OR BUILDING:	An accessory use or building is a subordinate use or building which is clearly incidental to and located on the same premises with the main use or building.
ALTERATION:	As applied to a building or structure, is a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
APARTMENT:	A suite of rooms, with cooking accommodations and sanitation facilities, used for living purposes. Each apartment shall be considered a dwelling unit.
BOARDING HOUSE:	A single residential building containing more than two (2), but fewer than four (4), sleeping rooms with shared or no cooking accommodations and shared sanitation facilities for the lodging of unrelated persons. Meals may or may not be provided. A boarding house is not open to the public or overnight guests.
BUILDING AREA:	The total areas, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT:	The vertical distance measured from the natural grade level to the highest level of the roof structure of flat roofs, to the deck line of mansard roofs, or to the mean height between eaves and ridge of gable, gambrel or hip roofs.
BUILDING, MAIN:	A building or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.
CARPORT:	A building used solely for the storage of motor vehicles and containing no enclosing walls, other than the wall or walls of the building to which it attaches, or other than the wall of the storage room as permitted in this title. The roof of the carport shall be supported on posts or columns, which posts or columns shall be not larger than one hundred forty four (144) square inches in diameter nor closer than four feet (4') on centers. A wall or fence not to exceed thirty six inches (36") in height may be erected within the carport and not to exceed fifty percent (50%) of the remaining area may be louvered, screened or latticed.
COMMERCIAL USE:	A use operated for profit or compensation through buying or sale of commodities.
COUNTY:	The term County shall mean either Cassia County or Minidoka County, depending in which County the particular building or use is located.
COURT:	Any space other than a yard on the same lot with a building or group of buildings, and which is unobstructed and open to the sky above the floor level of any room having a window or door opening on such court. The width of a court shall be its least horizontal dimension.
DAYCARE:	Care and supervision provided for compensation during part of a twenty four (24) hour day, for a child or children not related by blood, marriage or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes.
DAYCARE CENTER:	A place or facility providing daycare for compensation for thirteen (13) or more children.
DRIVE-IN RESTAURANT:	Any establishment where food or beverages are dispensed and where such food or beverages are consumed on the premises as well as within a building and taken out.
DUPLEX:	A building designed as a single structure but containing two (2) separate dwelling units, each of which contains its own separate cooking accommodations and sanitation facilities, has a separate direct access to the outside, and is designed to be occupied exclusively by one family.
DWELLING, MULTI- FAMILY:	A building containing three (3) or more individual dwelling units, with separate cooking accommodations and sanitation facilities for each dwelling unit.
DWELLING UNIT:	A room or group of rooms within a building containing cooking accommodations and sanitation facilities and occupied exclusively by one family. An apartment shall be considered a dwelling unit.
GROUP DAYCARE FACILITY:	A home, place, or facility providing daycare for seven (7) to twelve (12) children.
GROUP RESIDENCE:	A single residential building in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity. Resident staff, if employed, need not be related to each other or to any of the persons with disabilities or elderly persons residing in the group residence. No more than two (2) of such staff shall reside in the group residence at any one time.
GUESTROOM:	A room providing, for a fee, sleeping accommodations and customary lodging services for transient guests, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone service.
HALFWAY HOUSE:	A group residence in which the tenants or residents are persons who are under the supervision of the State Board of Corrections pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. The residence may be operated by an agency or an individual.
HOME OCCUPATION:	An occupation or profession which: (A) Is customarily carried on in a dwelling unit, or in an attached building, provided that no commodity is sold upon the premises. (B) Is carried on by a member of the family residing in the dwelling unit. (C) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. (D) Conforms to the following additional conditions: 1. The occupations or professions shall be carried on wholly within the principal building, or within an attached building. 2. No one outside of the family shall be employed in a “home occupation”. 3. There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the “home occupation” or variation from the residential character of the principal building. 4. No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. 5. The activity shall be limited to the hours between seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. A home occupation shall not include among others, the following: (A) Barbershops and beauty parlors. (B) Commercial stables, veterinary offices, hospitals and kennels. (C) Real estate offices. (D) Restaurants.
HOSPITAL:	A place for the treatment or care of human ailments, and unless otherwise specified, the term shall include sanatorium, preventorium, clinic, maternity home, rest home, home for the aged and convalescent homes.
HOTEL:	A building other than a boarding house as defined herein, which building contains more than five (5) guestrooms.
JUNKYARD:	The use of a lot, or portion thereof, for the storage, keeping or abandonment of junk, dismantled automobiles or other vehicles, or machinery or parts thereof including scrap metals, rags or other scrap materials.
LOT:	A parcel of land, or two (2) or more contiguous parcels to be used as a unit under the provisions of this title, as shown in the records of the County Assessor’s Office, and having its principal frontage on a street.
Corner Lot:	A lot abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty five degrees (135°).
Interior Lot:	A lot having but one side abutting on a street.
LOT LENGTH:	The length or depth of a lot shall be: (A) If the front and rear lines are parallel, the shortest distance between such lines. (B) If the front and rear lines are not parallel, the shortest distance between the midpoint of the front lot line and the midpoint of the rear lot line. (C) If the lot is triangular, the shortest distance between the front lot line and a line parallel to the front lot line, not less than ten feet (10') long lying wholly within the lot.
LOT LINE:	(A) Front: The front property line of a lot shall be determined as follows: 1. Corner Lot: The front property line of a corner lot shall be the shorter of the two (2) lines adjacent to the streets as originally platted or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing customs of the other buildings in the block. If such front is not evident, then either may be considered the front of the lot, but not both. 2. Interior Lot: The front property line of an interior lot shall be the line bounding the street frontage. 3. Through Lot: The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. Where such front property line is not obviously evident, the Zoning Appeals Board shall determine the front property line. Such a lot over two hundred feet (200') deep may be considered, for the purposes of this definition, as two (2) lots each with its own frontage. (B) Rear: The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. (C) Side: The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.
LOT WIDTH:	The width of a lot shall be assumed to be: (A) If the side property lines are parallel, the shortest distance between the side lines. (B) If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
MANUFACTURED HOME:	A structure constructed according to HUD/FHA Mobile Home Construction and Safety Standards, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty feet (40') or more in length or erected on the site is three hundred twenty (320) or more square feet, which is built on a permanent chassis and designed to be used as a dwelling on a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to the manufacture to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC section 5401 et seq.
MOTEL:	A building or group of buildings containing guest rooms or apartments, each of which maintains a separate outside entrance, used primarily for the accommodation of automobile travelers and providing automobile parking space on the premises.
NEIGHBORHOOD MARKET:	A neighborhood-serving retail store of three thousand five hundred (3,500) square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience shopping needs.
NONCONFORMING USE:	A building, structure or use of land existing at the time of the effective date hereof and which does not conform to the regulations of the district in which it is located.

NURSERY SCHOOL:	An institution for the care of children, of preschool age, the activity of which shall be conducted between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M. Even though some instruction may be offered in connection with such care, the institution shall not be considered a “school” within the meaning of this title.
PARKING LOT, COMMERCIAL:	A lot upon which cars are parked subject to remuneration.
PARKING LOT, PRIVATE:	A lot upon which cars are parked without charge.
PERMITTED USE:	A use specifically permitted or analogous to those specifically permitted in all established districts.
PORCH, OPEN:	A roof partially supported by columns, which columns shall be no larger than one hundred forty four (144) square inches in diameter nor closer together than four feet (4') on centers, any portion of which extending into a front or side yard shall have no enclosure by walls, screens, lattice or other materials, which porch is used solely for ingress and egress, and not for occupancy as a sleeping porch or washroom.
PRIVATE USE:	One which is restricted to the occupants of a lot or building together with their guests, where compensation for such use is not received, and where no business or commercial activity is associated with such use or building.
PROFESSIONAL USE:	The rendering of service of a professional nature by:
	(A) Architects, engineers and surveyors.
	(B) Doctors, dentists and all those persons who are licensed by the State to perform services about the human body.

	(C) Lawyers.
	(D) Certified public accountants and public accountants.
	(E) Consultants and practitioners who are recognized by the appropriate above-licensed professions.
PROHIBITED USE:	A use which is not specifically permitted or analogous to those specifically permitted.
PUBLIC STREET:	The land dedicated, accepted or condemned for use as a highway for the benefit of the public at large or established as such highway by the right of prescription or common user, however, any such right-of-way as may be created after the effective date hereof shall not be considered to be a public street unless it is sixty feet (60') or more in width, except where streets are entirely local when the width of fifty feet (50') may be declared to be a “public street” if approved by the commission.
RECREATIONAL VEHICLE:	A motor vehicle or trailer which is designed to include living or sleeping quarters. Types of RVs include motorhomes, campervans, caravans (also known as travel trailers and camper trailers). fifth-wheel trailers, popup campers and truck campers.
RESIDENTIAL USE:	Shall be deemed to include single and multiple dwellings, hotels, motels and trailer parks.
RESTAURANT:	An establishment other than a boarding house where meals which are prepared therein may be secured by the public.
ROOMING HOUSE:	A single residential building containing more than two (2), but fewer than four (4), sleeping rooms with shared or no cooking accommodations and shared sanitation facilities for the lodging of unrelated persons. Meals are not provided. A rooming house is not open to the public or overnight guests.

SCHOOL:	A place of general instruction in the arts and sciences including college, but excluding institutions such as business colleges or vocational schools, or whose primary purpose is the teaching of physical culture, music or dancing, unless a home occupation, trades or industries, or the combination of any two (2) or more of these.
SETBACK:	The shortest distance from the furthest protruding point of a building or structure including eaves and footings to a lot line referenced herein.
SIGN:	A display for the purpose of making anything known and visible beyond the boundaries of the property on which said sign is located. This shall not be deemed to include such reasonable displays at churches, public or quasi-public institutions nor street addresses, nor flags of any nation or political subdivisions thereof.
SLEEPING ROOM:	A room, other than a guestroom, in which no cooking facilities are provided, and which provides sleeping accommodations for no more than two (2) persons.
SMALL CELL TELECOMMUNICATIONS FACILITY:	Any facility established for the purpose of providing wireless voice, data, and/or image transmissions within a designated service area with a smaller service footprint than would be covered through the installation of a tower or macro cell service. Typically, such facilities are intended to fill gaps in service areas provided by larger telecommunication facilities. Small cell telecommunication facilities:
	(A) Shall not be staffed.
	(B) May consist of up to an antenna, a support structure in certain circumstances, and related equipment. An included antenna may not be larger than a maximum height of three feet (3') and a maximum width of two feet (2').
	(C) Shall not have a backup generator, other power supply, or other equipment that produces noise discernible above the ambient noise level as detected from any adjacent property.

	(D) Shall comply with all Federal Communication Commission (“FCC”) standards and requirements, including compliance with the FCC’s regulations regarding human exposure to radio frequency emissions and transmit levels, site access, and appropriate warning and/or other signage.
	(E) Shall be constructed and operated in a manner so as to not interfere with public safety communications or with the reception of radio, television, or other communication services.
	(F) Shall be no greater than forty feet (40') in height, including the height of any support structure and any attached antenna.
	(G) Shall be developed in compliance with title 4, chapter 8 of this Code.
SPECIAL USE:	A use which shall be permitted in a zoning district only after review and approval by the Planning and Zoning Commission pursuant to section 5-15-2 of this title.
STORY:	That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches (4'6") above the grade level shall not be considered a floor. A mezzanine floor shall be considered a story if it exceeds forty percent (40%) of the area of the floor next below it.
TOWNHOUSE DEVELOPMENT:	A structure containing three (3) or more dwelling units attached by common walls where each dwelling unit (Townhouse Unit) is located on a separate lot. A “Townhouse Unit” is defined as a dwelling including a minimum of one bathroom and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes and is located in a Townhouse development.

TOWNHOUSE SUBDIVISION:	Any subdivision that includes lots for Townhouse Developments or Townhouse Units.
TRAILER PARK:	Any lot, tract, or parcel of land, licensed by the City, and used or offered for use in whole or in part with or without charge for the parking of occupied trailer coaches, used solely for living and/or sleeping purposes. The term “trailer” means mobile home where the context so requires. “Trailer park” means mobile home park where the context so requires.
USE:	The specific purpose for which a building or lot is arranged, intended, designed, occupied or maintained.
WHOLESALE:	The business of selling goods or merchandise to retailers or jobbers for resale to the ultimate consumer.
YARD:	A required space other than a court on any lot, unoccupied by a structure and unobstructed above or below ground level except as otherwise provided herein, and measured as the minimum horizontal distance from the furthest protruding point of a building or structure, including eaves and footings, to the property line opposite such building or structure; provided, however, that where a future street or road line is established by the provisions of this title or the Master Transportation Plan for any street or road bounding the lot, then such measurements shall be taken from the building or structure, including eaves and footings to such future street or road line.
YARD, FRONT:	A yard extending across the front of a lot.
YARD, REAR:	A yard extending across the rear of a lot.
YARD, SIDE:	Any yard that lies between front and rear yard. (Ord. 1348, 11-21-2017; amd. Ord. 1371, 3-17-2020; Ord. 1414, 8-6-2024)

Burley City Zoning Code

CHAPTER 2

ZONING DEFINITIONS

5-2-1: DEFINITIONS:

ACCESSORY DWELLING UNIT:	A residential dwelling unit located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. Accessory dwelling units shall be developed in accordance with the standards set forth in this Code.
ACCESSORY USE OR BUILDING:	An accessory use or building is a subordinate use or building which is clearly incidental to and located on the same premises with the main use or building.
ALTERATION:	As applied to a building or structure, is a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
APARTMENT:	A suite of rooms, with cooking accommodations and sanitation facilities, used for living purposes. Each apartment shall be considered a dwelling unit.
BOARDING HOUSE:	A single residential building containing more than two (2), but fewer than four (4), sleeping rooms with shared or no cooking accommodations and shared sanitation facilities for the lodging of unrelated persons. Meals may or may not be provided. A boarding house is not open to the public or overnight guests.
BUILDING AREA:	The total areas, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT:	The vertical distance measured from the natural grade level to the highest level of the roof structure of flat roofs, to the deck line of mansard roofs, or to the mean height between eaves and ridge of gable, gambrel or hip roofs.
BUILDING, MAIN:	A building or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.
CARPORT:	A building used solely for the storage of motor vehicles and containing no enclosing walls, other than the wall or walls of the building to which it attaches, or other than the wall of the storage room as permitted in this title. The roof of the carport shall be supported on posts or columns, which posts or columns shall be not larger than one hundred forty four (144) square inches in diameter nor closer than four feet (4') on centers. A wall or fence not to exceed thirty six inches (36") in height may be erected within the carport and not to exceed fifty percent (50%) of the remaining area may be louvered, screened or latticed.
COMMERCIAL USE:	A use operated for profit or compensation through buying or sale of commodities.
COUNTY:	The term County shall mean either Cassia County or Minidoka County, depending in which County the particular building or use is located.
COURT:	Any space other than a yard on the same lot with a building or group of buildings, and which is unobstructed and open to the sky above the floor level of any room having a window or door opening on such court. The width of a court shall be its least horizontal dimension.
DAYCARE:	Care and supervision provided for compensation during part of a twenty four (24) hour day, for a child or children not related by blood, marriage or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes.
DAYCARE CENTER:	A place or facility providing daycare for compensation for thirteen (13) or more children.
DRIVE-IN RESTAURANT:	Any establishment where food or beverages are dispensed and where such food or beverages are consumed on the premises as well as within a building and taken out.
DUPLEX:	A building designed as a single structure but containing two (2) separate dwelling units, each of which contains its own separate cooking accommodations and sanitation facilities, has a separate direct access to the outside, and is designed to be occupied exclusively by one family.
DWELLING, MULTI- FAMILY:	A building containing three (3) or more individual dwelling units, with separate cooking accommodations and sanitation facilities for each dwelling unit.
DWELLING UNIT:	A room or group of rooms within a building containing cooking accommodations and sanitation facilities and occupied exclusively by one family. An apartment shall be considered a dwelling unit.
GROUP DAYCARE FACILITY:	A home, place, or facility providing daycare for seven (7) to twelve (12) children.
GROUP RESIDENCE:	A single residential building in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity. Resident staff, if employed, need not be related to each other or to any of the persons with disabilities or elderly persons residing in the group residence. No more than two (2) of such staff shall reside in the group residence at any one time.
GUESTROOM:	A room providing, for a fee, sleeping accommodations and customary lodging services for transient guests, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone service.
HALFWAY HOUSE:	A group residence in which the tenants or residents are persons who are under the supervision of the State Board of Corrections pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. The residence may be operated by an agency or an individual.
HOME OCCUPATION:	An occupation or profession which: (A) Is customarily carried on in a dwelling unit, or in an attached building, provided that no commodity is sold upon the premises. (B) Is carried on by a member of the family residing in the dwelling unit. (C) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. (D) Conforms to the following additional conditions: 1. The occupations or professions shall be carried on wholly within the principal building, or within an attached building. 2. No one outside of the family shall be employed in a “home occupation”. 3. There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the “home occupation” or variation from the residential character of the principal building. 4. No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. 5. The activity shall be limited to the hours between seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. A home occupation shall not include among others, the following: (A) Barbershops and beauty parlors. (B) Commercial stables, veterinary offices, hospitals and kennels. (C) Real estate offices. (D) Restaurants.
HOSPITAL:	A place for the treatment or care of human ailments, and unless otherwise specified, the term shall include sanatorium, preventorium, clinic, maternity home, rest home, home for the aged and convalescent homes.
HOTEL:	A building other than a boarding house as defined herein, which building contains more than five (5) guestrooms.
JUNKYARD:	The use of a lot, or portion thereof, for the storage, keeping or abandonment of junk, dismantled automobiles or other vehicles, or machinery or parts thereof including scrap metals, rags or other scrap materials.
LOT:	A parcel of land, or two (2) or more contiguous parcels to be used as a unit under the provisions of this title, as shown in the records of the County Assessor’s Office, and having its principal frontage on a street.
Corner Lot:	A lot abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty five degrees (135°).
Interior Lot:	A lot having but one side abutting on a street.
LOT LENGTH:	The length or depth of a lot shall be: (A) If the front and rear lines are parallel, the shortest distance between such lines. (B) If the front and rear lines are not parallel, the shortest distance between the midpoint of the front lot line and the midpoint of the rear lot line. (C) If the lot is triangular, the shortest distance between the front lot line and a line parallel to the front lot line, not less than ten feet (10') long lying wholly within the lot.
LOT LINE:	(A) Front: The front property line of a lot shall be determined as follows: 1. Corner Lot: The front property line of a corner lot shall be the shorter of the two (2) lines adjacent to the streets as originally platted or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing customs of the other buildings in the block. If such front is not evident, then either may be considered the front of the lot, but not both. 2. Interior Lot: The front property line of an interior lot shall be the line bounding the street frontage. 3. Through Lot: The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. Where such front property line is not obviously evident, the Zoning Appeals Board shall determine the front property line. Such a lot over two hundred feet (200') deep may be considered, for the purposes of this definition, as two (2) lots each with its own frontage. (B) Rear: The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. (C) Side: The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.
LOT WIDTH:	The width of a lot shall be assumed to be: (A) If the side property lines are parallel, the shortest distance between the side lines. (B) If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
MANUFACTURED HOME:	A structure constructed according to HUD/FHA Mobile Home Construction and Safety Standards, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty feet (40') or more in length or erected on the site is three hundred twenty (320) or more square feet, which is built on a permanent chassis and designed to be used as a dwelling on a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to the manufacture to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC section 5401 et seq.
MOTEL:	A building or group of buildings containing guest rooms or apartments, each of which maintains a separate outside entrance, used primarily for the accommodation of automobile travelers and providing automobile parking space on the premises.
NEIGHBORHOOD MARKET:	A neighborhood-serving retail store of three thousand five hundred (3,500) square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience shopping needs.
NONCONFORMING USE:	A building, structure or use of land existing at the time of the effective date hereof and which does not conform to the regulations of the district in which it is located.

NURSERY SCHOOL:	An institution for the care of children, of preschool age, the activity of which shall be conducted between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M. Even though some instruction may be offered in connection with such care, the institution shall not be considered a “school” within the meaning of this title.
PARKING LOT, COMMERCIAL:	A lot upon which cars are parked subject to remuneration.
PARKING LOT, PRIVATE:	A lot upon which cars are parked without charge.
PERMITTED USE:	A use specifically permitted or analogous to those specifically permitted in all established districts.
PORCH, OPEN:	A roof partially supported by columns, which columns shall be no larger than one hundred forty four (144) square inches in diameter nor closer together than four feet (4') on centers, any portion of which extending into a front or side yard shall have no enclosure by walls, screens, lattice or other materials, which porch is used solely for ingress and egress, and not for occupancy as a sleeping porch or washroom.
PRIVATE USE:	One which is restricted to the occupants of a lot or building together with their guests, where compensation for such use is not received, and where no business or commercial activity is associated with such use or building.
PROFESSIONAL USE:	The rendering of service of a professional nature by:
	(A) Architects, engineers and surveyors.
	(B) Doctors, dentists and all those persons who are licensed by the State to perform services about the human body.

	(C) Lawyers.
	(D) Certified public accountants and public accountants.
	(E) Consultants and practitioners who are recognized by the appropriate above-licensed professions.
PROHIBITED USE:	A use which is not specifically permitted or analogous to those specifically permitted.
PUBLIC STREET:	The land dedicated, accepted or condemned for use as a highway for the benefit of the public at large or established as such highway by the right of prescription or common user, however, any such right-of-way as may be created after the effective date hereof shall not be considered to be a public street unless it is sixty feet (60') or more in width, except where streets are entirely local when the width of fifty feet (50') may be declared to be a “public street” if approved by the commission.
RECREATIONAL VEHICLE:	A motor vehicle or trailer which is designed to include living or sleeping quarters. Types of RVs include motorhomes, campervans, caravans (also known as travel trailers and camper trailers). fifth-wheel trailers, popup campers and truck campers.
RESIDENTIAL USE:	Shall be deemed to include single and multiple dwellings, hotels, motels and trailer parks.
RESTAURANT:	An establishment other than a boarding house where meals which are prepared therein may be secured by the public.
ROOMING HOUSE:	A single residential building containing more than two (2), but fewer than four (4), sleeping rooms with shared or no cooking accommodations and shared sanitation facilities for the lodging of unrelated persons. Meals are not provided. A rooming house is not open to the public or overnight guests.

SCHOOL:	A place of general instruction in the arts and sciences including college, but excluding institutions such as business colleges or vocational schools, or whose primary purpose is the teaching of physical culture, music or dancing, unless a home occupation, trades or industries, or the combination of any two (2) or more of these.
SETBACK:	The shortest distance from the furthest protruding point of a building or structure including eaves and footings to a lot line referenced herein.
SIGN:	A display for the purpose of making anything known and visible beyond the boundaries of the property on which said sign is located. This shall not be deemed to include such reasonable displays at churches, public or quasi-public institutions nor street addresses, nor flags of any nation or political subdivisions thereof.
SLEEPING ROOM:	A room, other than a guestroom, in which no cooking facilities are provided, and which provides sleeping accommodations for no more than two (2) persons.
SMALL CELL TELECOMMUNICATIONS FACILITY:	Any facility established for the purpose of providing wireless voice, data, and/or image transmissions within a designated service area with a smaller service footprint than would be covered through the installation of a tower or macro cell service. Typically, such facilities are intended to fill gaps in service areas provided by larger telecommunication facilities. Small cell telecommunication facilities:
	(A) Shall not be staffed.
	(B) May consist of up to an antenna, a support structure in certain circumstances, and related equipment. An included antenna may not be larger than a maximum height of three feet (3') and a maximum width of two feet (2').
	(C) Shall not have a backup generator, other power supply, or other equipment that produces noise discernible above the ambient noise level as detected from any adjacent property.

	(D) Shall comply with all Federal Communication Commission (“FCC”) standards and requirements, including compliance with the FCC’s regulations regarding human exposure to radio frequency emissions and transmit levels, site access, and appropriate warning and/or other signage.
	(E) Shall be constructed and operated in a manner so as to not interfere with public safety communications or with the reception of radio, television, or other communication services.
	(F) Shall be no greater than forty feet (40') in height, including the height of any support structure and any attached antenna.
	(G) Shall be developed in compliance with title 4, chapter 8 of this Code.
SPECIAL USE:	A use which shall be permitted in a zoning district only after review and approval by the Planning and Zoning Commission pursuant to section 5-15-2 of this title.
STORY:	That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches (4'6") above the grade level shall not be considered a floor. A mezzanine floor shall be considered a story if it exceeds forty percent (40%) of the area of the floor next below it.
TOWNHOUSE DEVELOPMENT:	A structure containing three (3) or more dwelling units attached by common walls where each dwelling unit (Townhouse Unit) is located on a separate lot. A “Townhouse Unit” is defined as a dwelling including a minimum of one bathroom and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes and is located in a Townhouse development.

TOWNHOUSE SUBDIVISION:	Any subdivision that includes lots for Townhouse Developments or Townhouse Units.
TRAILER PARK:	Any lot, tract, or parcel of land, licensed by the City, and used or offered for use in whole or in part with or without charge for the parking of occupied trailer coaches, used solely for living and/or sleeping purposes. The term “trailer” means mobile home where the context so requires. “Trailer park” means mobile home park where the context so requires.
USE:	The specific purpose for which a building or lot is arranged, intended, designed, occupied or maintained.
WHOLESALE:	The business of selling goods or merchandise to retailers or jobbers for resale to the ultimate consumer.
YARD:	A required space other than a court on any lot, unoccupied by a structure and unobstructed above or below ground level except as otherwise provided herein, and measured as the minimum horizontal distance from the furthest protruding point of a building or structure, including eaves and footings, to the property line opposite such building or structure; provided, however, that where a future street or road line is established by the provisions of this title or the Master Transportation Plan for any street or road bounding the lot, then such measurements shall be taken from the building or structure, including eaves and footings to such future street or road line.
YARD, FRONT:	A yard extending across the front of a lot.
YARD, REAR:	A yard extending across the rear of a lot.
YARD, SIDE:	Any yard that lies between front and rear yard. (Ord. 1348, 11-21-2017; amd. Ord. 1371, 3-17-2020; Ord. 1414, 8-6-2024)