Within the city there exist parcels of land, structures and uses which were lawful prior to adoption of this title or under previously adopted ordinances, but which no longer conform to the regulations for the zoning district in which they are located. It is the intent of this title to permit these nonconformities to continue until they are substantially destroyed, removed or brought into conformance with this title, providing the nonconformity is not enlarged or expanded. Nonconformities shall be regulated according to the provisions of this chapter. (Ord. 2025-784, 3-24-2025)

   A.   Nonconforming structures shall not be expanded or enlarged in a way that increases the nonconformity. For example, a home that does not meet the rear setback requirement to the property line may not construct a deck or addition to any portion of the house that further encroaches into that setback. An addition may, however, be constructed to the front of the house.

   B.   A nonconforming structure that is completely demolished, removed, or relocated from the parcel on which it was previously located may be replaced within twelve (12) months of its demolition, removal, or relocation, provided that no portion of any replacement structure shall increase the previously existing nonconformity. Otherwise, any subsequently built structures shall conform to the provision of this title.

   C.   Ordinary repairs and additions may be performed on a nonconforming structure, including, but not limited to, repair or replacement of the roof, walls, fixtures, wiring, or plumbing, provided that such work does not increase the nonconformity. (Ord. 2025-784, 3-24-2025)

   A.   The nonconforming use of a structure, land, or structure and land in combination, shall not be enlarged or expanded beyond that which lawfully existed on the effective date of this title or previously adopted applicable ordinances. The criteria to be used to determine the fundamental and primary use of the property, and whether such use has been enlarged or expanded, may include, without limitation, hours of operation, square footage of structures or area used, traffic generated, volume of goods handled, number of dwelling units, and the International Building Code classification of uses. Mere intensification of an existing nonconforming use shall not constitute an unlawful enlargement or expansion of the use. A nonconforming use shall not be used as justification for expanding or adding nonconforming uses other than the fundamental and primary use of the property then existing.

   B.   Upon written request to, and approval by the planning commission, a nonconforming use may be changed to another nonconforming use, providing the new use would result in the same or greater conformity to this title, and providing the previous use is permanently abandoned. For example, a nonconforming business that produces noise and emissions could be replaced by another nonconforming business that is quieter and does not produce emissions. If a nonconforming use is replaced with a permitted use, nonconforming uses shall not thereafter be allowed.

   C.   When any nonconforming use is discontinued for a period of twelve (12) consecutive months, any subsequent use shall conform to this title. Nonconforming uses that are discontinued are also governed by the requirements of section 67-6538, Idaho Code.

   D.   Ordinary repairs and additions may be performed on a structure housing a nonconforming use, including, without limitation, repair or replacement of the roof, walls, fixtures, wiring or plumbing, provided that such work does not enlarge or expand the nonconformity.

   E.   A structure housing a nonconforming use that is completely removed may not be replaced unless the use and structure are in conformance with this title. (Ord. 2025-784, 3-24-2025)

   A.   A parcel of land shall not be modified in any manner that results in it becoming a nonconforming parcel, or that expands or enlarges an existing nonconformity, unless the modification resulted from the exercise of eminent domain.

   B.   A nonconforming parcel may be changed, providing the modification results in the same or greater conformity with this title. Nonconforming parcels must progress toward conformity. For example, the lot line of a lot that does not meet the minimum size could be adjusted to increase the size of the lot, but it could not be adjusted in a manner that would make the lot smaller. (Ord. 2025-784, 3-24-2025)

Upon written request of the property owner, the planning administrator shall evaluate a nonconforming use, lot, or parcel, and, if appropriate, shall issue a certificate of nonconforming use. As part of the request, the property owner or applicant shall provide a completed application form, review and inspection fees, and any supporting documentation required by the planning administrator. Upon receipt of a complete application, the planning administrator shall determine the nature and extent of the nonconformity, and if it is a legal nonconforming use shall issue a certificate documenting the same. Property owners are not required to obtain a certificate of nonconforming use. When requested, the purpose of the Certificate is to verify and document the legal nonconforming status of the use. (Ord. 2025-784, 3-24-2025)