The purpose of this article is to allow any nonconforming property, use, or structure that was lawfully existing prior to the effective date of this chapter to continue until they are removed, but not to encourage their continuation. It is further the intent of this article that nonconforming uses shall not expand or extend the nonconforming aspect of the property, use, or structure, unless approved subject to the regulations of this chapter. (Ord. 19-001, 1-11-2019)

   (1)   These regulations shall apply to any lawfully existing nonconforming property, use, or structure in Canyon County, except: In the event that a property, use, or structure that was deemed nonconforming under past zoning regulations now complies with the standards of this chapter, such property, use, or structure shall be deemed conforming.

   (2)   These regulations shall apply to properties that were not created in accord with the regulations of this chapter (an illegal division of property) and that were of record in the Canyon County Recorder's Office prior to September 6, 1979, the boundaries of which shall not have changed except by governmental action.

      A.    A property shall be deemed conforming and shall be eligible for building permits if it meets the dimensional standards for the base district in which it is now located.

      B.    A property shall be deemed nonconforming and shall be eligible for building permits if it meets one of the following standards:

         1.    The property met the dimensional standards for the applicable base district at the time it was created.

         2.    A dwelling, as herein defined, was constructed or placed on the property prior to September 6, 1979 provided, in the event that the dwelling is subsequently damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot, calamity or other catastrophic event after September 6, 1979, the property remains eligible for a building permit. (Ord. 19-001, 1-11-2019)

   (1)   The nonconforming property shall not be further diminished in size.

   (2)   Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents to the Director proving the following:

      A.    The property was in compliance with the minimum property size requirement of the applicable zoning district prior to the decrease in property size; and

      B.    The decrease in property size was caused by acquisition through prescription, purchase, or other means by Canyon County, a municipality within Canyon County, a highway district within Canyon County, Idaho Transportation Department, utility company or corporation under the jurisdiction of the Idaho Public Utilities Commission, or other local, State, or Federal agency. (Ord. 19-001, 1-11-2019)

   (1)   The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, unless approved subject to the regulations of this chapter.

   (2)   For the purposes of this article, the term "expanded or extended" shall include, but not be limited to: increased hours; increased services or programs; increased number of residential dwellings; interior renovations or structural additions that increase the occupant load of the structure dedicated to the nonconforming use (see Canyon County Building Code as set forth in chapter 6 of this Code); any new structures accessory to the nonconforming use; expansion or replacement of the structure (or portions thereof) dedicated to the nonconforming use; anything beyond regular maintenance and minor repairs (as required by the Canyon County Building Code as set forth in chapter 6 of this Code); and any action that extends the duration of the nonconforming use.

   (3)   If a nonconforming use has ceased for ten (10) years or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. If nonuse or vacancy continues for a period of a year or longer, the County may request resolution of the nonconforming use right according to procedures outlined in Idaho Code section 67-6538(2) as it may be amended or retitled from time to time.

   (4)   A nonconforming use or structure housing a nonconforming use that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this chapter upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of the current assessed taxable value, the nonconforming use may continue, provided that the nonconforming use commences within ten (10) years of the event. If nonuse or vacancy continues for a period of a year or longer, the County may request resolution of the nonconforming use right according to procedures outlined in Idaho Code section 67-6538(2) as it may be amended or retitled from time to time. (Ord. 19-001, 1-11-2019)

   (1)   Nonconforming structures may be enlarged or modified, provided that the additions or modifications to the structure conform to the requirements of this chapter.

   (2)   A nonconforming structure that is damaged more than seventy five percent (75%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this chapter upon restoration or reconstruction. If the damage to the nonconforming structure is seventy five percent (75%) or less of the current assessed taxable value, the structure may be restored or reconstructed, provided that restoration or reconstruction commences within twelve (12) months of the event. (Ord. 19-001, 1-11-2019)

Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this chapter shall be considered continuing violations. (Ord. 19-001, 1-11-2019)