Star City Zoning Code

The purpose of this article is to allow any nonconforming property, use, or structure that lawfully existed prior to the effective date (December 12, 1997) to continue until they are removed, but not to encourage their continuation. It is further the intent of this article that nonconforming uses or structures shall not expand or extend the nonconforming aspect of the property, use, or structure, unless approved subject to a conditional use permit as set forth in this title.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

These regulations shall apply to any lawfully existing nonconforming property, use, or structure in any district, except: in the event that a property, use, or structure that was deemed nonconforming under past regulations now complies with the standards of this title, such property, use, or structure shall be deemed conforming.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

A.

The nonconforming property shall not be diminished in size.

B.

Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents to the administrator proving the following:

1.

The property was in compliance with the minimum property size requirement of the applicable district prior to the decrease in property size; and

2.

The decrease in property was caused by acquisition through prescription, purchase, or other means by the transportation authority, a utility company or corporation under the jurisdiction of the Idaho public utilities commission, or other local, state, or federal agency.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

A.

The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, subject to the following provisions:

1.

Alteration: No existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved or structurally altered except: a) through the approval of a conditional use permit in accord with the procedures set forth in this title; or b) where the use of the structure is changed to a conforming use.

2.

Extension: A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit in accord with the procedures set forth in this title.

B.

If a nonconforming use has ceased for twelve (12) consecutive months or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished.

C.

A nonconforming use or structure housing a nonconforming use that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this title upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of its current assessed taxable value, the nonconforming use may continue, provided that the nonconforming use commences within twelve (12) months of the event.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

A.

Nonconforming structures may be enlarged, repaired or modified, with approval of a conditional use permit, provided that the additions or modifications to the structure conform to the requirements of this title.

B.

A nonconforming structure that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this title upon restoration or reconstruction. If the damage to the nonconforming structure is fifty percent (50%) or less of its current assessed taxable value, the structure may be restored or reconstructed, provided that restoration or reconstruction commences within twelve (12) months of the event.

C.

Structures listed on the national register of historic places shall be exempt from the regulations of this section.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)

Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this title shall be considered continuing violations.

(Ord. 303, 2-11-2020; amd. Ord. 310, 7-21-2020; Repealed & Replaced by Ord. 370-2022 on 7/19/2022)