The purpose of this chapter is to permit Nonconforming Uses, buildings, and Lots, to continue while prohibiting expansion of nonconformity, subject to limitations established by Idaho Code.

(Ord. 1061 § 2, 2005)

A legal nonconforming Structure is one that was in compliance with all land Use and building code requirements at the time it was constructed, or that was constructed or established before land Use regulations were enacted, but does not conform to the Structure requirements of the current land Use codes of the city.

A.

Any legal nonconforming permanent Structure may continue to be used and maintained provided there is no physical change other than necessary maintenance and repair in such a Structure, except as otherwise allowed by this title.

B.

A nonconforming Structure shall not be enlarged in area, space, or volume, in any way that increases its nonconformity.

C.

A damaged or destroyed legal nonconforming Structure may be repaired or reconstructed provided that the extent of the previously existing nonconformance is not increased.

D.

Any Structure legally built prior to the adoption of land Use regulations within a currently required Yard setback area shall be deemed a legal nonconforming Structure.

(Ord. 1061 § 2, 2005)

All existing Uses of land that are not permitted Uses in the zoning district in which such Use is being conducted, and all Uses which, if presently initiated, would require a Special Use Permit, and those Uses which do not have a Special Use Permit, are deemed legal Nonconforming Uses, and the following provisions shall apply.

A.

A legal Nonconforming Use shall not be expanded or extended in any way, except as otherwise allowed by this title.

B.

A legal Nonconforming Use shall not be changed except to a Use that complies with the regulations of the zoning district in which the subject property lies or to diminish its nonconformity.

(Ord. 1237, 2012)

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, and the following provisions shall apply:

A.

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.

B.

Undeveloped, nonconforming Lots may be used and have a Structure erected upon them; however, if such Lot is contiguous to another Lot of the same ownership and any combination of such Lots will meet the area or dimension standards of this title, such Lots shall be considered to be an undivided parcel for the purposes of this title, and the separate Lots shall be treated as a single parcel concerning the issuance of a building Permit for any construction on the Lot, or contiguous commonly owned Lots where this condition exists.

C.

No nonconforming or conforming Lot shall be reduced in area or dimensions if such reduction would result in a greater degree of nonconformity.

D.

In the Single-Family Residential (R1) District, any Lot with an area less than the minimum required for the district may only be developed to the R1 district Density; provided, that any Lot in any R1 district that has an area less than six thousand five hundred (6,500) square feet may only be developed with a single-family unit.

(Ord. 1061 § 2, 2005)

The Zoning Administrator is authorized to take such steps as are necessary, including civil or criminal litigation, to abate, penalize or prevent the use of any unlawful Structure, Lot or use.

(Ord. 1237, 2012)