It is the intent of this title to permit existing nonconforming uses to continue. It is further the intent of this title that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Ord. No. 804, 11-28-1989)

After determining it is in the public interest to do so, the city council may grant temporary uses for situations that would normally constitute zoning violations. The intent of allowing temporary uses is to alleviate undue economic or personal hardship. Temporary uses will not be allowed to exist permanently unless the applicant follows the provisions of this or other ordinances to authorize permanent status.

The city council may issue a zoning certificate, upon application, for a lawful temporary use of property as specified in this section. Approval may be made contingent upon such conditions that are reasonable or necessary to secure the public welfare. The city council shall require guarantees to assure removal of the temporary use and of any debris or refuse resulting therefrom, so as to restore the premises to its prior condition and shall establish the date of such removal. The zoning certificate is valid for six months. Temporary use permits may be renewed upon proper application. No temporary use shall be allowed to exist except in accordance with the provisions of this section.

All zoning certificates for temporary uses must be approved by the city council. The city council shall hear all requests for temporary uses at regularly scheduled city council meetings. Applicants for temporary uses shall provide information to the city council as outlined in this section. After the city council has reached a decision on the temporary use application, the applicant or citizen will have ten days in which to appeal the city council decision. A zoning certificate will not be issued for the temporary use until the city council has approved the application and the appeal period has expired.

The city council may also include a zoning certificate for temporary buildings and uses incidental to the construction of a building or a group of buildings on the same or adjacent premises subject to the provisions of subsection 9-7-3B of this title.

The city council may issue a zoning certificate for uses which, due to seasonal nature of the use, will not be continued beyond certain definable periods, including, but not limited to, the following uses: fireworks sales, Christmas tree sales, and fruit and produce sales.

Upon violation of any of the conditions or terms of the zoning certificates issued pursuant to this section, the zoning administrator may recommend to the city council that such certificate be revoked. Upon such recommendation, the city council shall hold a public hearing on the requested revocation with written notice of the requested revocation, including the alleged violations, being served upon the holder of the zoning certificate at least ten days prior to the public hearing. The decision of the city council may be appealed to a court of competent jurisdiction.

(Ord. No. 804, 11-28-1989)

Nonconforming uses are declared by this title to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use shall not be extended or enlarged after passage of this title by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.

(Ord. No. 804, 11-28-1989)

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 on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and upon which actual building construction has been carried on diligently.

(Ord. No. 804, 11-28-1989)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record (see definition of lot of record) at the effective date of adoption or amendment of this title, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership (see section 9-10-6 of this chapter). This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

(Ord. No. 804, 11-28-1989)

If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this title, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this title, except that any two contiguous 25-foot or any 50-foot width lots shall be considered a conforming use.

(Ord. No. 804, 11-28-1989)

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 district under the terms of this title, the lawful 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 district in which it is located shall be enlarged, extended, constructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, or as allowed in section 9-10-10 of this chapter.

B.

No nonconforming use shall be extended to occupy any additional land area.

C.

If no structural alterations are made, any nonconforming use of a structure and land may, upon the issuance of a special use permit by the commission, be changed to another nonconforming use; provided, that the city shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the city may require appropriate conditions and safeguards in accord with other provisions of this title.

D.

Any structure, or structure and land in combination, in or on which nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

E.

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure, or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

F.

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land except as provided in section 9-10-10 of this chapter.

(Ord. No. 943, 10-22-2002)

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repair or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section 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 upon order of such official.

(Ord. No. 943, 10-22-2002)

Whenever, in any district, a building or structure occupied by a nonconforming use is damaged or destroyed to the extent of 70 percent or less of its replacement value by fire, explosion or other casualty, it may be restored and the occupancy or use of such building or structure, or part thereof, which existed at the time of such partial destruction may be continued, if such restoration is started within a period of 12 months of such damage or destruction and is diligently prosecuted to completion.

(Ord. No. 943, 10-22-2002)

Any habitable structure, located in any district that was in use as a residence at the time of adoption or amendment to this chapter, and which has continued as a residential use, shall not be considered to be a nonconforming use but shall be considered to be a special use until such time that the residential use is replaced with another approved use. A residential structure, granted special use status, shall have the same privileges as a permitted residential structure and may be replaced, and/or remodeled, if a building permit has been obtained, and as long as the setbacks of the underlying zone can be met or a variance is granted. Upon a change in use, to commercial or industrial, the structure shall not be changed back to a residential use unless a special use permit has been approved following the public hearing process. A change in use shall not be considered to have occurred until the structure has actually been converted to a nonresidential use.

(Ord. No. 943, 10-22-2002)

Any use which is permitted as a special use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.

(Ord. No. 943, 10-22-2002)

Idaho Code § 67-6538 is hereby adopted.

A.

No rights or authority granted pursuant to this chapter shall be construed to empower the City of Emmett to enact any ordinance or resolution which deprives an owner of the right to use improvements on private property for their designed purpose based solely on the nonuse of the improvements for their designed purpose for a period of ten years or less. Where an owner or his authorized agent permits or allows an approved or unlawful intervening use of the owner's property, the provisions of this section are not applicable.

B.

If the nonuse continues for a period of one year or longer, the city may, by written request, require that the owner declare his intention with respect to the continued nonuse of the improvements in writing within 28 days of receipt of the request. If the owner elects to continue the nonuse, he shall notify the city in writing of his intention and shall post the property with notice of his intent to continue the nonuse of the improvements. He shall also publish notice of his intent to continue the nonuse in a newspaper of general circulation in the county where the property is located. If the property owner complies with the requirements of this subsection, his right to use such improvements in the future for their designed purpose shall continue, notwithstanding any change in the zoning of the property.

C.

The property owner may voluntarily elect to withdraw the use by filing with the administrator, as the case may be, an affidavit of withdrawn use. If the property is redesigned for a different use, the property owner shall be deemed to have abandoned any grandfather right to the prior use of the property.

D.

For purposes of this section "designed purpose" means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances.

E.

The provisions of this section shall not be construed to prohibit the City of Emmett from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare.

(Ord. No. O2013-7, 12-10-2013)