Except as provided in this Title:

   (A)   Conformity Of Buildings And Land: No building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified by the district, as shown on the Official Map, in which it is located.

   (B)   Conformity Of Buildings: No building, structure or premises shall be erected, altered or used so as to produce greater heights, smaller yards or less unoccupied areas, and no building shall be occupied by more families than prescribed for such building, structure or premises for the district in which it is located.

   (C)   Conformity Of Open Space: No yard, court or open space, or part thereof, shall be included as part of the yard, court or open space also required for any other building, structure or dwelling under this Title.

   (A)   Lots In Two Districts: Where a district boundary line as established in this Title or as shown on the Zoning Map divides a lot which was in single ownership and of record at the time of the effective date hereof, the use thereon and the other district requirements applying to the least restricted portion of such lot under this Title shall be considered as extending to the entire lot; provided, the more restricted portion of such lot is entirely within fifty feet (50') of said dividing district boundary line. The use so extended shall be deemed to be conforming. (Ord. 853, 7-2-1973)

   (B)   Lots In Residence Zone Adjacent To Business Or Industrial Zone: The first residentially zoned lot having a side yard adjacent to any C or S District may be utilized in accordance with the use requirements of the next least restricted residential zone, provided that the area, height and other restrictions of the zone district in which it is located are met. In addition, any single adjacent structure located or built upon the first fifty feet (50') of such a residentially zoned lot with a side yard adjoining a C or S District may be used for offices for groups of doctors, dentists, architects, engineers or attorneys; clinics with private dispensaries; and insurance, institutional and real estate offices. In addition, such other semi-commercial users as determined by the Planning and Zoning Commission 1 to be of similar character are permitted. Such structure or use must comply with the area, height and other restrictions of the zone in which it is located.

   (C)   Lots In Business Or Industrial Districts Adjacent To Residential Zone: Where a lot in a business or industrial district abuts a lot in a residential district there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district (or specified dimensions or percentages of lot width or depth). In lieu of a yard, a fence or other suitable screen, approved by the Planning and Zoning Commission, may be used. (Ord. 961, 2-17-1981)

   (D)   Front Yard Transition: Where the frontage on one side of a street between two (2) intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front yard depth of the residential district (or other desired proportion).

   (E)   Corner Lot Transition: On every corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on said side street. (Ord. 853, 7-2-1973)

Notwithstanding any specific regulations in this title enumerated for each district, the following general requirements, where applicable, shall apply:

   (A)   No lot shall hereafter be so reduced in area after a building permit is granted as to cause any open space required by this zoning title to be less in any dimension than is herein required for the district and lot in question.

   (B)   Every lot shall have frontage on a dedicated public street.

   (C)   Any parcel of land having an area or average width less than that required by the provisions of this zoning title for a lot in the district in which such parcel is situated, and which parcel was legally established at the time it came under the provisions of this zoning title, shall be deemed to be a lot and may be used as a building site; provided, however, that all other regulations for the district shall be complied with.

   (D)   No lot shall be divided in such a way that any division of such a lot shall contain more dwelling units than are permitted by the zoning title of the district in which said lot is situated.

   (E)   Where two (2) or more lots are used as a building site and where main buildings cross lot lines, then the entire area shall be considered as one lot, except that the front of the parcel shall be determined to be the front of the individual lots as originally platted or laid out.

   (F)   The fact that a lot or lots as originally platted or laid out have been divided into other lots after coming under the provisions of this zoning title shall not allow deviation from the provisions of this zoning title with respect to the lots as originally platted or laid out. This subsection shall not apply to lots of townhouse developments.

   (G)   If, after dividing the area of a lot by the zoning requirements for the district in which the lot is situated, there is a remainder which is less than that required for a unit, but more than eighty percent (80%) of that amount, then one additional dwelling unit may be built on such lot.

   (H)   In any district, any parcel of land shown as a lot on the plat of a subdivision duly recorded in the office of the county recorder, and where the side boundary lines are not parallel, may have a frontage of less than the sixty feet (60') otherwise required; provided, that the width of such parcel measured along a line at right angles to the center axis thereof and at a distance from the front lot line equal to the required front yard measurement, shall not be less than sixty feet (60').

   (I)   A large lot or parcel of land may be subdivided into smaller lots, provided such smaller lots conform to the lot size limitations of the district in which the lots are situated; however, if a parcel is divided into more than four (4) lots, the building inspector shall not issue permits for same unless a recorded plat of such subdivision shall be filed.

   (J)   Where future width lines have been established, all required yards shall be measured from such future width lines. (Ord. 853, 7-2-1973; amd. Ord. 1371, 3-17-2020)

Detached accessory buildings incidental to residences in all zoning districts shall be placed in the required yard and shall conform to the following additional regulations:

   (A)   On a through lot no detached accessory building or swimming pool shall be erected or altered so as to encroach upon the required front yard adjacent to the nearest street.

   (B)   On a corner lot contiguous to an interior lot, no detached accessory building shall be erected or altered so as to come closer to the street side of the corner lot than the front yard required on the interior lot; provided, however, such accessory building need not be farther from the street side property line than one-half (1/2) the corner lot's width.

   (C)   On any other corner lot, no detached accessory building shall be closer to the side street property line than any future width line, if established for that street.

   (D)   No detached accessory building shall be nearer to the side line of the front half of any adjoining lot than a distance equal to the width of the side yard required on the lot on which such accessory building is located.

   (E)   No detached accessory building designed or used for sleeping or living purposes shall be closer to any line than is required for a dwelling unit on the same lot.

   (F)   Any detached accessory building not in the rear one-fourth (1/4) of the lot shall maintain such yard as are required for a dwelling unit on the same lot. All detached accessory buildings shall maintain setbacks consistent with the setback requirements of any building code currently adopted and enforced by the city of Burley.

   (G)   Notwithstanding any of the requirements of this section, the foregoing regulations shall not require that any detached accessory building shall be more than seventy five feet (75') from any street line bounding the lot.

   (H)   No detached accessory building shall be erected more than twenty seven feet (27') in height.

   (I)   A fallout or blast shelter shall be permitted on any part of a front or side yard or a lot not less than five feet (5') from any lot line; provided, that the same does not extend over three feet (3') high above the average natural grade of the front or side yard, and it may be connected underground to the principal building. Said shelter shall be permitted in the rear yard subject to the provisions applying to any other accessory use or building therein, except that said shelter in the rear yard may be connected to the principal building either underground or aboveground. (Ord. 1299, 8-20-2013)

   (A)   In any district, no dwelling unit shall be closer to any other building on the same lot than that distance allowed under section 5-4-7 of this chapter.

   (B)   In any district except R-1 districts, an attached open porch or open carport may project into any side yard, other than the side yard on the street side of a corner lot, if it does not come nearer to the side lot line than three feet (3'). A three foot (3') side setback is permitted for the erection of not more than one enclosed storage room contained with an open carport in each of such yards, other than the side yard on the street side of a corner lot subject to the following stipulations:

      1.   The side dimension of the storage room parallel to a side lot line shall be not more than eight feet (8').

      2.   There shall be no entrance between the storage room and the main building.

   (C)   Cornices and eaves may project not more than three feet (3') over any required yard providing they come no closer than three feet (3') from a property line.

   (D)   Awnings, suspended or roof evaporative coolers or window type refrigeration coolers, open fire balconies and fire balconies and fire escape stairs may project not more than five feet (5') over any required yard, provided they come no closer than three feet (3') from a property line.

   (E)   A chimney may project not more than eighteen inches (18") into any required yard if it is not more than six feet (6') long measured in a direction parallel to the nearest property line.

   (F)   Refrigeration units, other than window type, may be placed in any required rear yard, provided that they shall not be placed closer than seven feet (7') to any lot line. Said units may be installed at the side of a building, provided that no portion of the installation shall come closer than seven feet (7') to the side lot line and further provided that said unit shall exhaust up or to the rear.

   (G)   An attached open porch, open carport or open balcony may project into the rear yard; provided, it does not come nearer to a common rear lot line than three feet (3'), except on a through lot as provided for in subsection 5-4-4(A) of this chapter where a rear alley exists, this projection may extend to the rear lot line or to within eight feet (8') or ten feet (10') of what would be the centerline of a full sixteen foot (16') or twenty foot (20') wide alley where only a one-half (1/2) or partial alley exists. (Ord. 853, 7-2-1973)

The height limits imposed in the different districts of this Zoning Title do not apply to church spires, signs, belfries, cupolas, domes, monuments, water towers, chimneys, flues, vents, flagpoles, radio and television towers, fire lookout towers or airway beacons; nor to any bulkhead, elevator or similar structure extending above the roof and not occupying an aggregate area greater than forty percent (40%) of the roof area. (Ord. 853, 7-2-1973)

   (A)   When Required: Whenever any room in which persons congregate, live, sleep or work, except storage rooms, cannot be reasonably lighted and ventilated, a court shall be provided to afford natural light and ventilation in such room, provided however, artificially approved lighting and ventilation may be substituted for natural light and ventilation.

   (B)   Specifications:

      1.   No court shall have a top opening which is less than its width.

      2.   No court shall extend below the lowest story which it is required to serve.

   (C)   Required Width: Width of courts shall not be less than as follows:

 

(Ord. 853, 7-2-1973)

   (A)   In all Residence R-1, R-2 and R-3 and Commercial C-1 Districts, no fence or freestanding wall, not supporting a building or structure, within or bounding the front yard shall exceed a height of three feet six inches (3'6"); no fence or freestanding wall within or bounding a side yard shall exceed a height of six feet (6'); provided, however, that open wire fences exceeding the above heights may be built around schools and other public institutions when necessary for the safety of the occupants thereof. (Ord. 853, 7-2-1973)

   (B)   On a corner lot in a Residence R-1, R-2 and R-3 or Commercial C-1 District, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between a height of three feet (3') and eight feet (8') above the center line grades of the intersecting streets shall be erected, placed, planted, allowed to grow, or maintained within the triangular yard space formed by the intersecting center lines and a line joining points on such center lines ninety feet (90') from the point of intersection (Ord. 961, 2-17-1981)

   (A)   In any R-1, R-2 or R-3 District, a private swimming pool shall be in the rear yard and shall not be closer than seven feet (7') to any property line. Such pools shall be screened by a solid wall or fence not more than six feet (6') nor less than four feet (4') in height. Gates leading to the outside of the property shall be of the self-closing and self-latching type.

   (B)   In any district other than R-1, R-2 and R-3, a private swimming pool located in other than the rear yard is subject to a use permit.

   (C)   No public swimming pool shall be located closer than twenty five feet (25') to any lot line on which it is situated. (Ord. 853, 7-2-1973)

All streets hereinafter dedicated to the public shall be not less than sixty feet (60') in width, being thirty feet (30') on each side of the center line thereof and providing for vehicular travel of at least forty feet (40') either one way for two (2) vehicles or one vehicle in each direction at the same time. (Ord. 853, 7-2-1973)

Public buildings and facilities shall comply with the regulations and restrictions in the districts in which the same are located. (Ord. 853, 7-2-1973)

Areas when annexed to the City shall, until officially zoned by the Council, be considered zoned as shown on the Official Zoning Map of Cassia or Minidoka County, or in the event of no such zoning, then the same shall be considered as zoned R-1. Cassia or Minidoka County building or use permits, legally issued not more than sixty (60) days prior to the effective date of annexation, shall be honored by the Building Inspector within sixty (60) days after the effective date of the annexation, who shall issue a City building permit when construction details conform to all pertinent City construction codes and construction ordinances and pertinent county zoning regulations in effect at the time the county permit was issued. The amount of the fee paid for the county permit shall apply on the City permit and the balance owing must be paid before the City permit is issued. (Ord. 853, 7-2-1973)

   (A)   A warehouse is a structure or part of a structure for storing of goods, wares, and merchandise whether for the owner or for others and whether it is a public or private warehouse.

   (B)   Storage is the holding or safekeeping of goods in a warehouse or other depository to await the happening of some future event or contingency which will call for the removal of the goods. In any C-1 and C-2 District a warehouse may be maintained for the commercial establishment for the storage of goods and wares of that establishment only and not for the public or others except in the C-2 District "mini-storage" units are allowed. (Ord. 961, 2-17-1981)

   (A)   Manufactured homes shall be considered single-family dwellings and may be placed on individual lots within R-1, R-2, R-3, and C-1 Zoning Districts of the City; provided, that such structures meet the definition of a "manufactured home", as defined in Section 5-2-1 of this Title, and the standards of individual lots as provided in subsection (B) of this Section.

   (B)   Development standards for manufactured homes on individual lots are as follows:

      1.   The manufactured homes shall be multi-sectional and enclose a space of not less than one thousand (1,000) square feet.

      2.   The manufactured homes shall be placed on excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than twelve inches (12") above grade.

      3.   The manufactured home shall have a pitched roof of not less than a nominal three feet (3') in height for each twelve feet (12') in width.

      4.   The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding buildings as determined by the Building Inspector of the City.

      5.   The manufactured home may have a garage or carport and when so constructed shall be of like materials and attached or detached garage in lieu of a carport may be required by the Building Inspector where such is consistent with the predominant construction of immediately surrounding dwellings.

      6.   The manufactured home and the lot upon which it is sited shall meet any architectural requirement and minimum size requirements to which a conventional single-family residential dwelling on the same lot would be subjected.

   (C)   Any manufactured homes on individual lots shall be approved by the Building Inspector as to conformity with the standards of this Section. If the Building Inspector finds the manufactured homes to be in conformity with this Section, he shall issue a certificate of compliance. If the Building Inspector finds that the manufactured home is not in conformity with the requirements of subsection (B) of this Section he shall disapprove the application. The affected party may appeal the decision to the Planning and Zoning Commission. (Ord. 1085, 6-13-1996)