This Chapter describes the status of structures, parcels, or uses of land that were lawful prior to the effective date of this Ordinance but which are now prohibited or restricted.

The occupancy of a building or parcel of land by a nonconforming use existing at the effective date of this Ordinance may be continued.

The nonconforming use of a building or land may not be changed except to a conforming use, and where such change is made, the use shall not thereafter be changed back to a nonconforming use.

1. A grandfathered use will cease and cannot be re-established after the use has been discontinued for a continuous period of one (1) year or in the event that the owner intended to abandon the non-conforming use, even if the elapsed time is less than stated above.
2. A grandfathered right also may be lost by a significant upgrade or change in use of a facility.
3. If you lose a grandfather right it cannot be re-established under the City of Rexburg Development Code. In such a case, the property may only be used for the purposes specified in the Development Code. The non-conforming use must either discontinue or be moved to a property which has the correct zone.

1. Maintenance and repairs necessary to keep nonconforming uses in sound condition shall be permitted.
2. Existing parking lots or areas that are non-conforming as to design and setbacks, shall comply with current regulations as feasible when the parking lot is re-constructed. This does not suggest that the parking lot shall increase the number of spaces, as this only occurs at the time of a change of use and as described in Section 3.4 of this code.

A nonconforming structure or a structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity may be restored, provided such restoration begins within one (1) year from the date of destruction and is pursued diligently. Such restoration shall not increase the floor area or land area.

Whenever a nonconforming use of land or building has been discontinued for a period of one (1) year, such use shall not be reestablished, and the uses of the premises thereafter shall be in conformity with the regulations of the zoning district.

1. Single Lot. Except as noted below, any single lot or parcel of land which was of record in the Office of the Recorder of Madison County at the time of the effective date of this Ordinance but does not meet the requirements of the zoning district in which it is located for minimum lot width and area may be utilized if all other requirements of this Ordinance are met.
2. Two or More Lots. If two or more lots or combinations of lots and portions of substandard lots with continuous frontage in single ownership are of record on the effective date of this Ordinance, and if all or part of the lots do not meet the requirements for lot width or area of the district, the lands involved shall be considered to be an undivided parcel for purposes of this Ordinance.
   1. No portion of said parcel shall be used which does not meet lot width and area requirements established in the district nor shall any division of the parcel be made which leaves remaining any lot with width or area below those requirements stated for the district.
3. Building Permit. Lots or parcels of land which were legally and lawfully created prior to the application of these zones shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this Ordinance.