A.   Where, within the district or zone established by this title, or amendments that may later be adopted, there exist lots, structures, uses of land and structures in combination, and characteristics of use which were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendment, it is the purpose of this chapter to permit these nonconformities to continue until they are removed. It is further the purpose of this chapter that nonconformities shall not be enlarged upon, expanded or extended, and not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone or district.

   B.   Nonconforming uses are declared by this title to be incompatible with permitted uses in the zones or districts involved. A nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this title or its amendment by attachment on a building or premises or by the addition of other uses, of a nature which would be prohibited generally in the zone or district involved.

   C.   To avoid undue hardship, nothing in this chapter 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 amendment of this title and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of construction materials in its permanent location, or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently. (Ord. 201, 11-15-2013)

All existing platted subdivision lots that do not meet the minimum lot area and dimension standards of the district within which they are located are hereby deemed nonconforming lots. Any lot that was legally created prior to the effective date hereof may be used in conformance with the uses permitted by the zoning district within which it is located; provided, that all yard and setback requirements are met. Variance requests for yard and/or setback requirements shall follow the procedures detailed in chapter 3, article B of this title. (Ord. 201, 11-15-2013)

   A.   Legal nonconforming uses shall not be expanded, enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use to a use permitted in the zone or district in which it is located, except as provided for in this section;

   B.   Any existing nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment hereof, but no such use shall be extended to occupy any land outside such building;

   C.   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may, as a special exception, be changed to another nonconforming use; provided, that the city council finds that the proposed use is equally appropriate or more appropriate to the zone or district than the existing nonconforming use. In permitting such change, the city council may require appropriate conditions and safeguards in accordance with the provisions of this title;

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

   E.   When a nonconforming use of land, structure, or structure and land in combination, is discontinued or abandoned for a period of one year or longer, the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the zone or district in which it is located, except as provided in Idaho Code section 67-6538;

   F.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming use status of the land. "Destruction", for the purpose of this subsection, is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of destruction;

   G.   Manufactured home parks legally approved prior to the date of the adoption of this title or prior to annexation to the city may continue; provided, that the number of units and the density of the park do not increase beyond that in existence upon the effective date hereof. Normal and routine maintenance shall be allowed;

   H.   Manufactured homes for residential use sited within legally nonconforming manufactured home parks may be replaced with an equivalent year model or newer manufactured home; provided, that the replacement was constructed after 1976 and bears the seal of the U.S. department of housing and urban development indicating it has met the manufactured home construction and safety standards of the U.S. department of housing and urban development. (Ord. 201, 11-15-2013)

   A.   Permitted: On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, such as walls, fixtures, wiring or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased.

   B.   Unsafe Structures: If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reasons of physical condition, it shall not be thereafter restored, repaired or rebuilt, except in conformity with the regulations of the zone or district in which it is located. (Ord. 201, 11-15-2013)