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Where, at the effective date of adoption hereof or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title, such use may be continued subject to the following provisions:
A. Intensity Not Enlarged, Increased, Or Extended: No such nonconforming use or the intensity of such use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.
B. Moved: No such nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. (1974 Code § 4-504)
C. Use Ceases:
1. Request Declaration Of Intention: If any such nonconforming use of land ceases, for any reason, for a period of more than one year or longer, the city may, by written request, require that the owner declare his intention with respect to the continued nonuse of the improvements, in writing, within twenty eight (28) days of receipt of the request.
2. Notice Of Intent To Continue: If the owner elects to continue the nonuse, he shall notify the city, in writing, of his intention and shall post the property with notice of his intent to continue the nonuse of the improvements. He shall also publish notice of his intent to continue the nonuse in the Buhl Herald. If the owner complies with the requirements of this subsection, his right to use such improvements in the future for their designed purpose shall continue for a period not to exceed a total of ten (10) years, notwithstanding any changes in the zoning of the property.
3. Right Of Nonconforming Use Lost; Affidavit Of Withdrawal: If the property owner does not follow this procedure within twenty eight (28) days, the right of nonconforming use will be lost. The property owner may voluntarily elect to withdraw the use by filing with the planning and zoning clerk an affidavit of withdrawn use.
4. Property Redesigned: If the property is redesigned for a different use, the property owner shall be deemed to have abandoned any grandfather right to prior use of the property.
5. Designed Purpose Defined: For purposes of this section "designed purpose" means the use for which the improvements were originally intended, designed and approved pursuant to this title.
6. Other Laws Or Ordinances: The provisions of this subsection shall not be construed to prohibit the city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare. (1974 Code § 4-502)
D. Change To Another Nonconforming Use: Any nonconforming use of a structure or of a structure and land, may, upon the issuance of a nonconforming use permit by the commission, be changed to another nonconforming use; provided, that the commission finds that the proposed use is equally appropriate or more appropriate to the now existing zoning district than the existing nonconforming use. In making its decision the commission should compare the differences, if any, between the requirements of the existing nonconforming use and the proposed nonconforming use as to traffic density, parking, customer or client coming and going, air, light and noise pollution and such other comparisons of effects the change will have on the surrounding property and neighborhood. Once a nonconforming use has been changed, the original nonconforming use cannot be returned unless a nonconforming use permit is issued as provided for above. In permitting such change, the commission may allow structural and land changes found necessary for such change of nonconforming use and may require appropriate structural and land changes and impose conditions and safeguards before the new nonconforming use may commence. (1974 Code § 4-502)
If it is a lawful use of a structure or of structures and premises in combination which exist at the effective date of the terms of this title, the lawful use may be continued subject to the following conditions: (1974 Code § 4-503; amd. 2010 Code)
A. Enlarged, Extended, Constructed, Reconstructed, Or Structurally Altered: No existing structure devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, nor shall the intensity of such use be increased or extended.
B. Extended Within Building: Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.
C. Damage By Fire, Flood, Explosion, War, Riot, Or Act Of God: Any nonconforming building or structure damaged by fire, flood, explosion, war, riot or act of God, may be restored, reconstructed or used as before. (1974 Code § 4-503)
A. Permitted Repairs: On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing; provided, that the cubic content of the building as it existed at the time of passage or amendment of this title shall not be increased except as above provided.
B. Replacement Of Nonbearing Walls, Fixtures, Wiring Or Plumbing: Nothing in this chapter shall be deemed to prevent the replacement of nonbearing walls, fixtures, wiring or plumbing; provided that the cubic content of the building as it existed at the time of passage or amendment of this title shall not be increased except as above provided.
C. Strengthening Or Restoring To Safe Condition: Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (1974 Code § 4-504)
Land previously zoned for the keeping of domestic farm animals which has been or is subsequently annexed and/or rezoned to a residential district not permitting such use shall be subject to the following:
A. Front Or Side Yard Area: In no case shall domestic farm animals be permitted in the front or side yard area of a home.
B. Extending Existing Pasture Or Animal Keeping Area: In no case shall any existing pasture or animal keeping area be extended in any way either on the same or adjoining land.
C. Animal Keeping Activities: Animal keeping or grazing activities for personal pleasure or use and 4-H projects may be continued subject to compliance with the following: (1974 Code § 4-505)
1. Cows, horses, mules, sheep, llamas, alpacas, emus and goats may be kept, provided the lots upon which said animals are kept have an area of at least one acre. The total number of all such animals (other than their young) under the age of six (6) months allowed on a lot shall be limited to the square footage of the pasture or animal raising area divided by the total minimum area required for each animal as listed below: (1974 Code § 4-505; amd. 2010 Code)
a. Horse, mule or cow, forty thousand (40,000) square feet of area per animal.
b. Goat or sheep, ten thousand (10,000) square feet of area per animal. Four (4) such animals may be kept on a one acre parcel.
c. Animals not listed in subsection C1a and C1b of this section will be placed in a category by the commission on a need basis. If a proposed animal does not fit into subsection C1a or C1b of this section, the commission may reject the owners' petitions to keep such animal. The decision of the commission may be appealed to the council within fifteen (15) days.
d. Young over the age of six (6) months or young on their own without parents shall also comply with these area requirements.
2. If use of a lot for animal keeping or grazing activities is discontinued from actual use for a continuous period of one year, such use shall be considered to be abandoned and may not be resumed.
D. Grandfather Right; Permit Required: The planning and zoning clerk shall issue permits to parties desiring to continue to keep animals by virtue of a nonconforming use (grandfather right). These permits shall be issued annually and shall set forth the name of the permittee, the legal description of the real estate and its street address, and the number and type of animals kept on said land. The building inspector shall have the right to go onto said land to confirm that the animals kept on the land comply with the permit. If a landowner fails to obtain a permit for two (2) consecutive years, such landowner will be deemed to have abandoned their nonconforming use. The number of animals cannot be increased from the original number. The form of the permit and the fee for the permit shall be set by resolution of the city council and approved by the mayor.
E. Complaint Procedures: Complaints regarding offensive animal related activities shall be handled by the planning and zoning clerk or the authorized representative in the following manner: Objections shall be reviewed upon receipt of a written complaint from any household located within three hundred feet (300') of the affected property. Said complaints shall set forth the nature of the objection.
F. Complaint Investigation: Such complaints shall be investigated and findings reported, in writing. Standards for judging complaints shall include:
1. Noise in excess of that compatible with normal residential use (either in terms of volume or hours of occurrence).
2. Odors, flies or dust in excess of that compatible with normal residential use.
3. Trespassing of animals onto adjacent property.
4. Lack of maintenance of animal raising or grazing area. This includes, but is not limited to, cleanup of manure and proper repair of fencing or other enclosures.
G. Action By Planning And Zoning Clerk: The planning and zoning clerk or the authorized representative, upon investigation and in consultation with area residents, may:
1. Approve the situation as it exists.
2. Require all or a portion of the animals to be eliminated.
3. Impose appropriate restrictions such as, repair of fencing or other enclosures, limiting the location of animals on the property, cleanup of manure, establishing a phase out period, or other measures to ensure compatibility with a residential setting.
4. Action by the planning and zoning clerk shall become final fifteen (15) calendar days after the date of notification of the decision to the affected party unless appealed to the commission.
H. Appeals: Appeals shall be handled as set forth in chapter 3, article D of this title. (1974 Code § 4-505)
Any use which is permitted as a conditional use in a district under terms of this title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use. (1974 Code § 4-506)