It is the intent of this title to permit nonconforming uses to continue until they are removed, but not to encourage their expansion unless approved by conditional use permit. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building or land which was lawfully approved prior to the effective date of adoption or amendment of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

In any zone in which a single-family dwelling is not permitted, or in any zone in which a larger parcel area is required, a single-family dwelling and customary accessory buildings may be erected on any single parcel of record on the effective date hereof, notwithstanding limitations imposed by other provisions of this title. Subsequent amendments to this title will not remove the right to build on a parcel that was established as a legally buildable lot, for residential purposes, at any time under the provisions of this title, as long as the parcel complies with the Health Department regulations. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this title that would not be allowed in the zone under the terms of this title, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be enlarged, extended, constructed or moved except in changing the structure to a use permitted in the zone in which it is located.

   B.   No nonconforming use of land, structure, or combination of land and structure shall be extended to occupy any additional area, unless approved by conditional use permit.

   C.   Any nonconforming structure or land use may be changed to another nonconforming use upon the issuance of a conditional use permit, provided the commission shall find the proposed use is equally appropriate to the zone. The commission may require appropriate conditions and safeguards in accordance with other provisions of this title.

   D.   Notwithstanding any other provisions of this chapter, any owner occupied nonconforming structure which has been damaged by fire, flood, wind, earthquake or other calamity may be rebuilt with the same or less square footage and upon the same footprint of the destroyed building; provided, however, that every option of such new building conform to all provisions of the adopted Building Code.

   E.   Any structure or structure and land in combination in or on which a nonconforming use is followed by a permitted use shall thereafter conform to the regulations of the zoning and the nonconforming use may not thereafter be resumed.

   F.   When a nonconforming use of a structure or structure and land in combination is discontinued or abandoned as per Idaho Code section 67-6538, the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the zoning in which it is located. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Any use which is permitted by a conditional use permit in a zone under the terms of this title shall be considered a conforming use, as long as it continues to comply with the conditional use permit requirements. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The commission may authorize, by conditional use permit due to special circumstances, an exception to the nonconforming use provisions as allowed for by Idaho Code section 67-6512(d). (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)