Skip to code content (skip section selection)
A. Subject to the provisions of this subchapter, a nonconforming use or structure may be continued but may not be extended or altered, unless necessary to comply with a lawful requirement and unless the use or structure is a less intensive use than the permitted uses in the zone (such as a residence in a conforming residential zone which has been rezoned to industrial). Exceptions:
1. The accumulated expansion by up to ten percent (10%) of a commercial, industrial or public use or structure in any zoning district that was established prior to December 9, 1981, and that has been in use continuously since December 9, 1981, is permitted, provided no additional land area is being acquired for the expansion.
2. The accumulated expansion of such use identified in subsection A1 of this section by more than ten percent (10%), but no more than fifty percent (50%) is conditionally permitted, provided no additional land area is being acquired for the expansion.
B. The extension of a nonconforming use to a portion of a structure for which a building location permit or building permit or zoning permit has been granted at the time of passage of this chapter shall not be deemed an enlargement or expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or expanded if the alteration or expansion does not cause the structure to deviate further from the standards of this title. (Ord. 501, 11-18-2008)
C. If a nonconforming use is discontinued for a period of two (2) years or more, further use of the property shall conform to this title. For "surface mines", as defined in section 12-813 of this title, it shall be concluded that the operator has permanently ceased surface mining operations as to a given affected land if no "minerals", as defined in section 12-813 of this title, have been removed from the mine in question for a period of three (3) years or more. Discontinued nonconforming uses are also governed by the standards of Idaho Code section 67-6538, as it may be amended or retitled from time to time. If a nonconforming use has been discontinued for two (2) or more years, the County may require a written declaration of intent from the landowner, pursuant to the provisions of Idaho Code section 67-6538. (Ord. 524, 1-11-2012)
D. Nothing contained in this subchapter shall require any change in the plans, construction, alteration or designated use of a structure for which a building location permit or building permit has been issued by the county prior to the adoption of this section, provided the structure has been completed and in use within two (2) years from the time the permit is issued. (Ord. 501, 11-18-2008)