(a)

Within zoning districts established by this chapter and its amendments there exist structures and uses of land. and combinations of structures and uses of land, which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the provisions of this chapter or its amendments. It is the intent of this chapter to permit these nonconformities to continue pursuant to these regulations.

(b)

Whenever this article refers to the effective date of adoption of this chapter, the reference shall be deemed to be the date of adoption of Ordinance No. 4328 [March 24, 2003], or any subsequent revision adopted by ordinance which renders a lot, use of land, structure, or any combination thereof nonconforming.

(c)

The intent of this article is to encourage the transformation of nonconforming uses into conforming uses, while not causing blight associated with abandoned buildings. The intent of this article is to allow nonconforming uses to improve their properties so that they may add property value, address deficiencies of the property, maintain the economic vitality of the surrounding neighborhood, and contribute to the community as a whole. However, it is not the intent of this article to allow the unfettered expansion or proliferation of nonconforming uses.

(Ord. No. 4328, § 6, 3-24-03)

Where at the effective date of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter, except as provided in section 37-170 of this article.

(2)

If any such nonconforming use of land is discontinued for any reason for a period of more than twelve (12) consecutive months, then any subsequent use of such land shall conform to the regulations specified by this chapter for the zoning district within which such land is located.

(3)

If any such nonconforming use of land involves the keeping of livestock, and is discontinued for a period of six (6) consecutive months, then any subsequent use of such land shall conform to the regulations specified by this chapter for the zoning district within which such land is located, except when a declaration of a water emergency by the water district or city council necessitates removal of livestock for pasturage, and due to a water shortage such use is discontinued for a period of twelve (12) consecutive months; or removal of livestock is for pasture rotation, breeding or competitive showing.

(4)

No structure shall be erected in connection with, or accessory to, a nonconforming use of land.

Notwithstanding the foregoing, the nonuse of improvements on private property for their designed purpose shall be governed by the provisions set forth in Idaho Code § 67-6538, as may be amended from time to time.

(Ord. No. 4328, § 6, 3-24-03; Ord. No. 4354, § 4, 3-29-04; Ord. No. 4796, § 1, 1-25-21)

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, the location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be altered in a way which increases its nonconformity, provided that:

a.

Any structure or portion thereof may be altered to decrease its nonconformity;

b.

A nonconforming structure may be enlarged, provided:

1.

The addition or enlargement continues the profile of walls of the existing structure and does not increase the nonconformity;

2.

The finished structure does not add another new nonconformity;

3.

The finished structure does not extend into right-of-way; and

4.

The structure remains otherwise lawful.

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than eighty (80) percent of its assessed value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Should the owner move such structure for any reasons for any distance, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.

(Ord. No. 4328, § 6, 3-24-03)

Nonconforming manufactured homes located on individual lots that are removed from the property shall be replaced by conforming units. In the F-2 and R-1 zones, the class B manufactured homes will not require a conditional use permit if replaced within six (6) months.

(Ord. No. 4328, § 6, 3-24-03)

If a lawful use involving nonconforming individual structures with an assessed value of one thousand five hundred dollars ($1,500) or more, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the zone under the provisions of this article, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

An existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall not be enlarged, constructed, reconstructed, moved or structurally altered, though it may be repaired as defined by section 37-171 of this chapter, except that:

a.

A structure containing a nonconforming use may be altered to decrease the nonconformity of the use;

b.

A structure containing a nonconforming commercial use may be enlarged or altered provided the expansion or alteration is designed solely to achieve energy conservation, as determined by the building official, and the structure remains otherwise lawful.

(2)

Where a nonconforming use status applies to a structure and land in combination:

a.

And the use is residential in nature, not located abutting a major or minor arterial street, and the structure is destroyed:

1.

The structure may be rebuilt with approval of a conditional use permit; and

2.

A building permit is approved for the reconstruction within one (1) year of the date of destruction.

b.

And the use is commercial in nature, located abutting a major or minor arterial street, and the structure is destroyed:

1.

The structure may be rebuilt with approval of a conditional use permit; and

2.

A building permit is approved for the reconstruction within one (1) year of the date of destruction;

3.

A time extension of the conditional use permit may be requested to the commission.

(3)

Any nonconforming use may be extended throughout any portions of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building, except as allowed in section 37-168 of this chapter.

(4)

Any lawful use of a building existing at the effective date of the ordinance codified in this chapter may be continued, even though such use does not conform to the provisions hereof. A nonconforming use of a building may be changed to another nonconforming use of the same or of a more restrictive classification. A use shall be determined to be equally or more restrictive by the community development director and based on, but not limited to:

a.

The number of off-street parking spaces required of the previous use and proposed new use, as provided in article VII, off-street parking and loading, of this chapter;

b.

The amount of traffic generated by the previous use and the proposed new use;

c.

The amount of on-site vehicle or equipment storage required of the previous use and proposed new use;

d.

The hours of operations of the previous use and proposed new use;

e.

Noise, dust, vibration, odor, and other elements potentially harmful to the value or enjoyment of surrounding properties;

f.

The applicant of the proposed change of use shall contact all property owners and tenants within three hundred (300) feet of the property on which the change of use is planned. The notification shall provide details of the proposed use and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed change of use. The applicant shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The applicant shall apply for a conditional use permit as provided in article IX of this chapter.

(5)

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 district and the nonconforming use may not thereafter be resumed.

(Ord. No. 4328, § 6, 3-24-03; Ord. No. 4531, § 17, 7-13-09)

(1)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done for ordinary repairs, or for repair or replacement on nonbearing walls. Fixtures, wiring, or plumbing shall be considered accessory to the structure, and repair, replacement, or additions of these shall not be considered an expansion of the nonconforming structure or use.

(2)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe, as determined by the building official, 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 thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located; provided, that the city building inspector shall be authorized to direct temporary repairs to nonconforming uses when the same are required to protect the safety of the persons on or about the premises.

(3)

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 commenced prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation 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. No. 4328, § 6, 3-24-03; Ord. No. 4531, § 18, 7-13-09)

If a lot has an area or dimension that does not meet the requirements of this chapter, and prior to the time this chapter was adopted, such lot was platted or otherwise created and accepted, then such lot may be put to a use permitted outright subject to the other requirements of the zone in which such lot is located, except that a residential use on a lot that is nonconforming relative to minimum lot area shall be limited to a single-family dwelling.

(Ord. No. 4531, § 19, 7-13-09; Ord. No. 4688, § 1, 4-24-17)