A. Nonconforming Situations: The purpose of this section is to bring nonconforming situations into conformance with this code and the comprehensive plan, allowing them to continue only subject to the standards and requirements of this chapter. Except as otherwise provided in this chapter, any lot, land use, or structure lawfully existing on the effective date of this chapter or subsequent amendments thereto that does not comply with the standards of this chapter shall be known as a legal nonconforming situation. Change of ownership, tenancy, or management personnel in a nonconforming situation shall not affect its legal nonconforming status. The applicant, not the City of Pocatello, has the burden of proving that any nonconforming situation was legally established by an approved permit or other form of verification as determined by the Planning Director.
1. Legal Nonconforming Lots: Lots or parcels legally created but which do not now conform to the legal lot standards of this code may be occupied by uses otherwise permitted if those uses will comply with all other provisions of this code.
a. The nonconforming property shall not be diminished in size.
b. Any property reduced by government 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 Planning Director 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 size 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.
2. Legal Nonconforming Buildings/Structures/Signage: A building, structure, or sign that was legally established but no longer conforms to all development standards of this title is considered a legal nonconforming structure. The following standards shall apply to legal nonconforming structures:
a. Interior Remodeling: Interior remodeling which does not change the existing use or the extent of the nonconforming use shall be permitted.
b. Expansion: Permits to expand existing, nonconforming structures of the original building area may be sought through the Conditional Use Permit (CUP) process regardless of the underlying zoning district.
(1) Repairs: Ordinary work may be done including repair of a legal, nonconforming building/structure so long as such repair work does not change or increase the intensity of nonconformity.
(2) A legal nonconforming structure that is damaged or destroyed by fire, flood, wind, earthquake, or other natural calamity or public enemy, may be restored and the previous occupancy resumed provided that:
(A) Restoration or reconstruction is initiated within a period of one (1) year from the date of destruction and the restoration is completed, in its entirety, within three (3) years pursued to completion. If construction surpasses three (3) years, a CUP shall be acquired;
(B) For signs; restoration or reconstruction is completed within a period of one (1) year from the date of destruction. If construction surpasses one (1) year, a CUP shall be acquired;
(C) The restoration does not increase the extent of the nonconformity beyond that which existed at the time the structure became nonconforming; and
(D) The structure was occupied, or for signs, in use, at the time of such damage or destruction.
3. Legal Nonconforming Uses: A use that was legally established but no longer complies with the allowed uses or restrictions of this title is considered a legal nonconforming use.
a. Interior Remodeling: Interior remodeling to the building housing the legal nonconforming use, which does not change or intensify the nonconforming use, shall be permitted.
b. Expansion or Change: Permits to expand or change existing nonconforming uses, land area, or density may be sought through the conditional use permit process regardless of the underlying zoning district. Further, any site modifications that could change or intensify a nonconforming use such as, but not limited to, parking spaces, traffic circulation, ingress/egress, curb cut location, landscaping removal, or similar items of change will require a conditional use permit.
(1) A structure housing a legal nonconforming use that is damaged or destroyed by fire, flood, wind, earthquake, or other natural calamity or public enemy, may be restored and the previous occupancy resumed provided that:
(A) The structure was occupied at the time of such damage or destruction;
(B) Restoration or reconstruction is initiated within a period of one (1) year from the date of destruction and the restoration is completed, in its entirety, within three (3) years pursued to completion. If construction surpasses three (3) years, a CUP shall be acquired;
(C) The restoration does not increase the floor space devoted to the nonconforming use beyond that which existed at the time the use became nonconforming.
(2) Repairs: Notwithstanding standards of this section, repairs may be made to any structure occupied by a nonconforming use provided that such repairs shall not have the effect of increasing the floor space devoted to the non-conforming use, capacity or volume of business.
c. Termination Of Nonconforming Uses: Legal nonconforming use status will be lost as prescribed by Idaho Code section 67-6538, or as amended.
4. Completion Of A Nonconforming Development: A development lawfully under construction, for which a permit has been issued, or for which a land use application has been accepted on the date this chapter is adopted may be completed even if not in compliance with this chapter. The development would be considered legal nonconforming and may be used for the purpose for which it was designed, approved, intended, and arranged.
B. Required Improvements: All building permits and developments shall be brought into full compliance with current landscaping and parking standards except where additional parking spaces would be required and as determined by the Planning Director or their designee.
C. Enforcement: The mayor, or his designee, shall be the enforcement officer of this title.
1. Violation; Penalty: Any person who fails to comply with or violates any of the provisions of this title may be charged with a misdemeanor violation, and upon conviction thereof, shall be subject to a fine of not more than one thousand dollars ($1,000.00), or imprisonment for a period not exceeding six (6) months, or both. Each day on which the violation occurs shall be deemed a separate offense.
2. Violation; Withholding: The City may withhold any approval and/or permit for any and all proposed activities or uses on any real property with outstanding violations of this title, except that such approval and/or permit shall not be withheld where such withholding would adversely affect the public health, safety, or general welfare.
3. Civil Enforcement: Appropriate actions and proceedings may be taken at law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premises; and these remedies shall be in addition to the penalties described in this chapter.
D. Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this title should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this title, which shall remain in full force and effect; and to this end the provisions of this title are hereby declared to be severable. (Ord. 3132, 2023: Ord. 2846 § 1, 2008)