8-7-1: PURPOSE AND APPLICABILITY:

   A.   Purpose: This Chapter governs uses, structures, properties, and other situations that legally came into existence prior to the effective date of this Zoning Ordinance or the effective date of future amendments to this Zoning Ordinance, but do not comply with or conform to one or more requirements of this Zoning Ordinance. Those situations are collectively referred to as "nonconformities." Also, this Chapter allows any nonconforming property, use, or structure that was lawfully existing prior to the effective date of this Title to continue until they are removed, but not to encourage their continuation. Nonconformities shall not expand or extend the nonconforming aspect of the property, use, or structure, unless approved subject to the regulations of Chapter 8-6.

   B.   Applicability: These regulations apply to any lawfully existing nonconforming property, use, or structure in Ada County. However, a property, use, or structure that was deemed nonconforming under past zoning regulations but now complies with this Title is deemed conforming.

   C.   Deemed Conforming Property:

      1.   Applicability: These regulations apply to properties that:

         a.   Were not created in accord with the regulations of this Title (an illegal division of property);

         b.   That were of record in the Ada County recorder's office prior to January 1, 1985; and

         c.   Have not changed their boundaries except by governmental action as specified in subsection 8-7-4B.

      2.   Current Dimensional Standards: A deemed conforming property is eligible for building permits if it meets the dimensional standards for the base district in which it is now located.

      3.   Former Dimensional Standards Or Dwelling Constructed: A deemed conforming property is eligible for building permits if it meets one of the following standards:

         a.   The property met the dimensional standards for the applicable base district at the time it was created; or

         b.   A dwelling was constructed or placed on the property prior to January 1, 1985. However, if the dwelling is subsequently damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot, calamity or other catastrophic event after January 1, 1985, the property remains eligible for a building permit.

   D.   Dwellings, Two Or More Existing:

      1.   Any property that has two (2) or more existing dwellings that were built prior to May 20, 1968, or were principal permitted dwellings approved in accordance with the zoning regulations that were in effect at the time those dwellings were built, is deemed a nonconforming use.

      2.   Each dwelling is subject to the standards in Section 8-7-2 below.

(Ord. 1002, 10-28-2025)