A building or use made nonconforming but which was lawfully existing or under construction at the time of adoption hereof may continue to be used or occupied, subject to the provisions of this section.
A. Discontinuance Of Nonconforming Uses And Buildings:
1. Uses: For any of the following reasons, a nonconforming use shall be discontinued and further use of the property shall conform to the provisions of this title:
a. When a nonconforming use involving a building is discontinued from use for a period of one year.
b. When a nonconforming use not involving a building is discontinued from use for a period of six (6) months.
c. When a nonconforming use is replaced by another nonconforming use, in which case both the initial and subsequent use shall be discontinued. The initial nonconforming use may not be reinstated.
d. When a nonconforming use involving a building or structure having an appraised value less than two thousand dollars ($2,000.00) or involving no building or structure is still in existence two (2) years after the effective date hereof.
2. Buildings: A nonconforming building shall be discontinued and removed or brought into conformance with the provisions of this title within two (2) years after the effective date hereof if the building or structure has an appraised value of less than two thousand dollars ($2,000.00) or if the modification to bring it into conformance with the provisions of this title will cost less than five hundred dollars ($500.00).
B. Replacement Of Nonconforming Building: A nonconforming building or conforming building housing a nonconforming use damaged by fire, collapse, explosion or act of God, subsequent to the effective date hereof, may be replaced or repaired providing: 1) the new building does not have a nonconforming feature that the original building did not have, 2) the new building does not exceed the size of the original building except as provided by subsection D of this section, 3) a nonconforming use is not expanded or changed, and 4) a building permit for the replacement or repair is issued within six (6) months of the date of the damage. The planning and zoning commission may approve requests for extensions within the original six (6) months.
C. Expansion Of Nonconforming Building Or Nonconforming Use: Except as provided hereinafter:
1. No building or structural alteration, improvement or reconstruction shall be made which expands a nonconforming building or conforming building housing a nonconforming use beyond any part of the existing wall or roofline.
2. No additional buildings or structures may be constructed or relocated on the property to house the same or any other nonconforming use. Under no circumstances may the person or entity responsible for a nonconforming building or use expand such building or use by the acquisition of additional real property.
3. No person or entity may acquire additional real property to bring the nonconforming building or use into conformance with this title unless the use shall also conform to the requirements of this title.
D. Permits To Expand Nonconforming Buildings Or Conforming Buildings Housing A Nonconforming Use: The city planning and zoning commission may authorize the issuance of a "nonconforming expansion permit".
1. Application: The application for a nonconforming building expansion permit shall be filed with the zoning administrator and shall include and require, as a minimum:
a. Name, address and phone number of the applicant.
b. Legal description of the property.
c. Description of the existing use.
d. The reason the property, building or use is nonconforming to the requirements of this title.
e. Existing zoning district.
f. A narrative statement of the type of proposed expansion, including a descriptive statement of the intended expansion, the reason therefor and the cost thereof.
g. Site development plans to scale showing building locations, landscaping, permanent existing trees, ground treatment, fences, off street parking and circulation, location and size of adjacent street, north arrow and property lines, drawings of major exterior elevations, building materials, existing grade and proposed new grades.
h. A narrative statement evaluating the effects on adjoining property and a discussion on the general compatibility with the adjacent and other properties in the district.
i. A narrative statement evaluating the costs of a total relocation of the nonconforming building or use to an appropriately zoned site.
2. Review Of Application: The commission shall review the application against the following considerations:
a. Will the proposed expansion be harmonious with and in accordance with the general objectives of the comprehensive plan and/or zoning regulation?
b. Will the proposed expansion be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity?
c. Will the proposed expansion involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or to the general welfare of the surrounding neighborhood by reason of excessive production of traffic, noise, smoke, fumes, glare or odors?
d. Will the proposed expansion have any other adverse impact on the surrounding neighborhood?
e. Considerations relating to traffic safety and traffic congestion:
(1) The effect of the site development plan on traffic conditions on contiguous streets.
(2) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways.
(3) The arrangement and adequacy of off street parking facilities to prevent traffic congestion.
(4) The location arrangement and dimensions of truck loading and unloading facilities.
(5) The circulation patterns within boundaries of the development.
(6) The surfacing and lighting of off street uses.
f. Considerations relating to outdoor advertising and noise:
(1) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent developments.
(2) The nuisance effect of additional noise.
g. Considerations relating to landscaping:
(1) The location, height and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent developments or to conceal storage areas, utility installation or other unsightly development.
(2) The planting of ground cover or surfacing to prevent dust and erosion.
(3) The unnecessary destruction of existing healthy trees.
(4) The restoration of natural vegetation.
(5) The aesthetic effects on motorists, bicyclists and pedestrians passing along public right of way adjacent to or included within the development.
h. Considerations relating to buildings and site layout: The considerations of exterior design in relation to adjoining structures in height, bulk and area openings, breaks in the facades and facing on streets, line and pitch of roof and arrangement of structure on the parcel.
i. Considerations relating to drainage and utilities:
(1) The effect of the site development plan in relation to the adequacy of the storm and surface water drainage proposals.
(2) The use of city sewer and water.
(3) The underground placement of utilities.
3. Hearing Process: Prior to granting a nonconforming building expansion permit, at least one public hearing shall be held before the planning and zoning commission. At said hearings, all interested persons shall have the opportunity to be heard. At least fifteen (15) days prior to the intended hearing, a notice of the time and place and a brief summary of the proposal shall be published in the "Twin Falls Times News". A copy of the notices of public hearing shall be mailed via first class mail, by the zoning administrator to all property owners within three hundred feet (300') of the external boundaries of the property in question. The zoning administrator shall sign an affidavit of mailing and attach to the application with the names and addresses of all persons so notified. Where notice is required to two hundred (200) or more property owners, in lieu of mailing the notification of public hearing, three (3) notices in the newspaper or paper of general circulation shall be deemed sufficient. The last of said publications shall appear at least fifteen (15) days prior to the date set for public hearing.
4. Restrictions: The commission may impose special conditions designed to lessen the impact of the proposed expansion on the surrounding neighborhood and in order to make the proposed expansion more compatible with the same. Violation of such special conditions, when made a part of the terms under which the nonconforming building expansion permit is granted, shall be deemed a violation of this title.
5. Action By The Commission:
a. Within thirty (30) days after the public hearing, the commission shall approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the commission shall direct the administrator to issue a nonconforming building expansion permit listing the specific conditions specified by the commission for approval.
b. Prior to granting a nonconforming building expansion permit, the commission may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effect of the proposed nonconforming building expansion permit. A nonconforming building expansion permit shall not be considered as establishing a binding precedent to grant other nonconforming building expansion permits.
c. Upon granting or denying an application, the commission shall specify:
(1) The regulations and standards used in evaluating the application.
(2) The reasons for approval or denial.
(3) The actions, if any, that the applicant could take to obtain a permit.
d. The applicant or any affected person, who appeared in person or in writing before the commission may appeal the decision of the commission to the council, provided a written appeal is submitted to the council within fifteen (15) days from the commission's action.
6. Notification To Applicant: Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request.
7. Transfer, Review And Discontinuance Of Permits:
a. A nonconforming building expansion permit is not transferable from one parcel of land to another, but may be transferable from one owner to another, provided all conditions of the nonconforming building expansion permit continue to be met, and the permit so states.
b. Nonconforming building expansions that have not been completed within one year of the date of issuance of the nonconforming building expansion permit may be reviewed by the commission to determine if the facts and circumstances have changed. The commission may call for a new nonconforming building expansion permit application.
8. Appeal To The Council: Upon receipt of an appeal from the action of the commission, the council shall set a hearing date, under the same provisions as the commission hearing, to consider all information, testimony and the commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision of the commission. (Ord. 542, 2007)