A. A legal nonconforming structure is one that was in compliance with all Land Use and Building Code requirements at the time it was constructed, or that was constructed or established before land use regulations were enacted but does not conform to the structure requirements of the current Land Use Codes of Idaho City. It is the policy of the City of Idaho City to encourage maintenance and continued vitality of existing legal nonconforming structures until a change of land use is undertaken by the owner in conformance with requirements of this title.
B. Any legal nonconforming permanent structure may continue to be used and maintained as otherwise allowed by this title. A nonconforming structure shall not be enlarged in area in any way that increases its non-conformity. A structure used to house a non-conforming nonresidential use may be enlarged by up to ten percent (10%) of its square footage so long as any such enlargement does not increase the non-conformity of any setbacks or building bulk regulations.
C. A damaged or destroyed legal nonconforming structure may be repaired or reconstructed provided that the extent of the previously existing nonconformance is not increased.
D. Any structure legally built prior to the adoption of land use regulations within a currently required yard setback area shall be deemed a legal non-conforming structure and the nonconforming dimension shall not be expanded by additional construction, unless otherwise qualifying for a variance. (Ord. 352, 4-25-2018)