Any nonconforming property, use or structure that lawfully existed prior to the effective date hereof, will be allowed to continue until they are removed, but not to encourage their continuation. It is further the intent of this chapter that nonconforming properties, uses or structures shall not expand or extend the nonconforming aspect of the property, use or structure unless approved subject to a conditional use permit. (1984 Code § 11-1-13)

These regulations shall apply to any lawfully existing nonconforming property, use or structure in any district, except in the event that a property, use or structure that was deemed nonconforming under past regulations now complies with the standards of this chapter, such property, use or structure shall be deemed conforming. (1984 Code § 11-1-13)

   A.   The nonconforming property shall not be diminished in size. (1984 Code § 11-1-13)

   B.   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 city clerk proving the following: (1984 Code § 11-1-13; amd. 2014 Code)

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

      2.   The decrease in property size was caused by acquisition through prescription, purchase or other means by the transportation authority, a utility company or corporation under the jurisdiction of the Idaho public utilities commission, or other local, state or federal agency. (1984 Code § 11-1-13)

   A.   Requirements For Continuance: The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, subject to the following provisions:

      1.   Alteration: No existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved or structurally altered except: a) through the approval of a conditional use permit; or b) where the use of the structure is changed to a conforming use.

      2.   Extension: A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit.

   B.   Abandonment: If a nonconforming use has ceased for twelve (12) consecutive months or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished.

   C.   Damage To Structure: 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 its current assessed taxable value, the nonconforming use may continue; provided, that the nonconforming use commences within twelve (12) months of the event.

   D.   Exemption For Historic Places: Uses housed within structures listed on the national register of historic places shall be exempt from the regulations of this section. (1984 Code § 11-1-13)

   A.   Continuance: Nonconforming structures may be enlarged, repaired or modified; provided, that the additions or modifications to the structure conform to the requirements of this chapter.

   B.   Damaged Structure: 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 structures is seventy five percent (75%) or less of its current assessed taxable value, the structure may be restored or reconstructed; provided, that restoration or reconstruction commences within twelve (12) months of the event.

   C.   Exemption For Historic Structures: Structures listed on the national register of historic places shall be exempt from the regulations of this section. (1984 Code § 11-1-13)