ARTICLE B. EXISTING NONCONFORMING PROPERTIES, STRUCTURES, AND USES
SECTION:
8-1B-1: Nonconforming Properties
8-1B-2: Nonconforming Structures
8-1B-1: NONCONFORMING PROPERTIES:
A. Except as allowed in subsection C of this section, any property that does not meet the minimum lot size requirements for the district in which the property is located shall be considered a nonconforming property and no entitlement under the provisions of this title shall be granted.
B. Except as allowed in subsection C of this section, unplatted parcels held in multiple ownerships shall be considered nonconforming property, and no entitlement under the provisions of this title shall be granted until a subdivision has been approved and recorded.
C. Unplatted contiguous parcels of land held in one ownership, or a lot or tract of land as recorded on any plat of record created prior to August 9, 1988, which do not meet the minimum lot size required by this title shall be considered a conforming property.
D. Nonconforming property shall not be diminished in size. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 967-14, 6-9-2014)
8-1B-2: NONCONFORMING STRUCTURES:
A. Nonconforming structures may continue to be occupied, enlarged, repaired or modified as follows:
1. Any additions or modifications to the structure shall conform to the requirements of this title;
2. If this title is changed, incomplete active applications or approved future phases of a project may be allowed to be completed under the provisions of the code which it was approved;
3. Ordinary repair work may be done including repair or replacement of nonbearing walls, fixtures, wiring or plumbing so long as such repair work does not increase the degree of nonconformity;
4. Any structural alteration that would reduce the degree of nonconformity or change the use to a conforming use is permitted, subject to all other applicable requirements of this title; and
5. Any structure or portion of the structure declared unsafe by the building official may be strengthened or restored to safe conditions.
B. Nonconforming setbacks may be extended vertically or horizontally, subject to an approved design review application and the following criteria:
1. The extended nonconforming setback of the addition will not noticeably impact adjacent property any more than a conforming addition would; and
2. The extended nonconforming setback of the addition maintains the plane of existing walls of the nonconforming structure.
C. If a nonconforming structure is destroyed or receives substantial damage as defined by this title the structure shall comply with this title upon restoration or reconstruction. If the damage is less than substantial damage as defined by this title, the structure may be restored or reconstructed to the nonconforming condition; provided, that restoration or reconstruction commences within twelve (12) months of the event. (Ord. 898-08, 9-8-2008; amd. Ord. 975-15, 4-27-2015; Ord. 1016-20, 6-8-2020)
8-1B-3: NONCONFORMING USES:
A. A nonconforming use may continue as long as the use remains lawful and is not abandoned, expanded, or extended, subject to the following provisions:
1. Nonconforming uses, structures, or portions thereof that have been declared dangerous and not abated or are a chronic public nuisance as defined by Garden City code shall lose their nonconforming status for failure to act.
2. No existing use or structure containing a nonconforming use may be expanded in intensity or degree of use, enlarged, extended, constructed, reconstructed, moved, or structurally altered except: (a) through the approval of a conditional use permit in accord with the procedures set forth in chapter 6, article B, "Specific Provisions", of this title; or (b) where the use of the structure is changed to a conforming use.
3. A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit in accordance with the procedures set forth in chapter 6, article B, "Specific Provisions", of this title.
4. The nonconforming use shall be deemed to be abandoned and shall not be reestablished if the use of the property is changed. Conducting activity of another use on the property, commencing utility service for another use, or approval of an application to change the use of a property shall be considered change of use.
B. A nonconforming use may be changed only to a conforming use.
C. If a nonconforming use has ceased for twelve (12) consecutive months and not declared the intent to continue the nonuse of the use or improvements designed for the use, as defined by Idaho Code section 67-6538 and approved Garden City procedures, or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. If a nonconforming use has ceased for ten (10) consecutive years the nonconforming use shall be deemed abandoned and shall not be reestablished regardless of declaration to continue the nonuse of the use or improvements designed for the use. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 975-15, 4-27-2015)